Regular Session - May 10, 2023

                                                                   3787

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 10, 2023

11                     11:09 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3788

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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    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 MAYER:   Reverend 

 9    Melvin D. Boone, from Vanderveer Park 

10    United Methodist Church in Brooklyn, will deliver 

11    today's invocation.  

12                 REVEREND BOONE:   Good morning.

13                 (Response of "Good morning.")

14                 REVEREND BOONE:   To Majority Leader 

15    Andrea Stewart-Cousins, to Senator Kevin S. 

16    Parker, my Senator, brother and friend, to 

17    members of this august body, and to everyone 

18    under the sound of my voice, please join me in a 

19    moment of prayer.  

20                 Gracious, loving, eternal and 

21    merciful God, we bow humbly before You this 

22    morning, first to thank You for the opportunity 

23    to be of service in this world You have made.  

24    You've given us dominion, authority, and great 

25    responsibility.  Help us to remember that to whom 


                                                               3789

 1    much has been given, much is required.  

 2                 Lord, You have also taught us that 

 3    there are none who are righteous in and of 

 4    themselves.  And so we come this morning 

 5    petitioning the presence of Your Holy Spirit even 

 6    in this place.  By Your grace, may Your 

 7    Holy Spirit lead and guide us in this day.  By 

 8    Your grace, may we receive Your righteousness 

 9    that You have made available to us.  

10                 In the thoughts we have, in the 

11    words we speak, in the actions we take, and in 

12    all that we do, we seek to honor and glorify You 

13    as we serve in our various capacities.  And You 

14    have told us what is good and what You require of 

15    us -- that is to do justice, love mercy, and walk 

16    humbly with our God.

17                 In a time when many have grown 

18    fearful, in a time when many have lost confidence 

19    in our government, in a time when many have 

20    become overburdened with concerns about our 

21    climate, our economy, gun violence, healthcare, 

22    personal and political rights, freedoms and 

23    responsibilities, race and cultural disunity, 

24    education, and much more, in a time when so many 

25    people have lost hope, may You show Yourself to 


                                                               3790

 1    be mighty and strong.  

 2                 May You in all Your omniscience and 

 3    omnipotence grant that this body, and everyone 

 4    under the sound of my voice, would use this day 

 5    to restore hope, to make lives better.  

 6                 May You give us the courage, inspire 

 7    us and help us, in the words of John Wesley, to 

 8    do all the good we can, by all the means we can, 

 9    in all the ways we can and in all the places we 

10    can, at all the times we can, to all the people 

11    we can, for as long as ever we can.

12                 O God, may our will be lost in 

13    Thine, and may Your grace be with us this day, 

14    for Lord, Your grace is sufficient.  

15                 Amen.  

16                 (Response of "Amen.")

17                 ACTING PRESIDENT MAYER:   Reading of 

18    the Journal.

19                 THE SECRETARY:   In Senate, Tuesday, 

20    May 9, 2023, the Senate met pursuant to 

21    adjournment.  The Journal of Monday, May 8, 2023, 

22    was read and approved.  On motion, the Senate 

23    adjourned.

24                 ACTING PRESIDENT MAYER:   Without 

25    objection, the Journal stands approved as read.


                                                               3791

 1                 Presentation of petitions.

 2                 Messages from the Assembly.

 3                 The Secretary will read.

 4                 THE SECRETARY:   Senator Sanders 

 5    moves to discharge, from the Committee on Banks, 

 6    Assembly Bill Number 1153A and substitute it for 

 7    the identical Senate Bill 1144A, Third Reading 

 8    Calendar 83.

 9                 Senator Stec moves to discharge, 

10    from the Committee on Health, Assembly Bill 

11    Number 3238 and substitute it for the identical 

12    Senate Bill 2780, Third Reading Calendar 383.

13                 Senator Addabbo moves to discharge, 

14    from the Committee on Agriculture, Assembly Bill 

15    Number 3552A and substitute it for the identical 

16    Senate Bill 1677A, Third Reading Calendar 675.

17                 ACTING PRESIDENT MAYER:   So 

18    ordered.

19                 Messages from the Governor.

20                 Reports of standing committees.

21                 Reports of select committees.

22                 Communications and reports from 

23    state officers.

24                 Motions and resolutions.

25                 Senator Gianaris.


                                                               3792

 1                 SENATOR GIANARIS:   Good morning, 

 2    Madam President.  

 3                 We're going to begin with a 

 4    privileged resolution that's at the desk, 

 5    privileged Resolution 947.  Please take that up, 

 6    read its title, and recognize Senator Kennedy.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Senate Resolution 

10    947, by Senator Kennedy, commemorating the 

11    one-year anniversary of the mass shooting at 

12    Tops Friendly Markets in Buffalo, New York, on 

13    May 14, 2023, and honoring the victims, 

14    survivors, families, and community at large in 

15    wake of this devastating tragedy.

16                 ACTING PRESIDENT MAYER:   Senator 

17    Kennedy on the resolution.

18                 SENATOR KENNEDY:   Thank you, 

19    Madam President.  

20                 I want to thank Majority Leader 

21    Andrea Stewart-Cousins for allowing this 

22    privileged resolution to come to the floor today.

23                 I rise today with a heavy heart to 

24    recognize a day that has changed the City of 

25    Buffalo, our state, and our nation forever:  May 


                                                               3793

 1    14, 2022.  One year later, and I can recall that 

 2    day down to the minute.  

 3                 I was away for the weekend with my 

 4    family when I got a call from my staff member 

 5    Zeneta Everhart, who serves as my director of 

 6    diversity and inclusion.  Zeneta was sobbing, 

 7    telling me her son Zaire had been shot.  A gunman 

 8    had opened fire at a community grocery store on 

 9    Jefferson Avenue in the heart of Buffalo's 

10    East Side, a grocery store that the neighborhood 

11    fought for years to get, right in the heart of 

12    the community.

13                 The following hours were a blur of 

14    emotion, of action, of heartbreak.  Over that 

15    time we learned that the gunman was a white 

16    supremacist who specifically targeted that 

17    grocery store because he meticulously researched 

18    the demographics of the neighborhood, where more 

19    than 80 percent of the residents are 

20    African-American.

21                 We learned of the 10 lives that this 

22    racist terrorist stole so callously that day.  

23    These people were loved.  These people were part 

24    of us, part of the fabric of our community.  

25    Roberta A. Drury of Buffalo, age 32.  Margus D.  


                                                               3794

 1    Morrison of Buffalo, age 52.  Andre Mackneel of 

 2    Auburn, age 53.  Aaron Salter of Lockport, 

 3    age 55.  Geraldine Talley of Buffalo, age 62.  

 4    Celestine Chaney of Buffalo, age 65.  Heyward 

 5    Patterson of Buffalo, age 67.  Kathrine Massey of 

 6    Buffalo, age 72.  Pearl Young of Buffalo, age 77.  

 7    Ruth Whitfield of Buffalo, age 86.

 8                 One year later, and yet their 

 9    absence is still just as profound.  One year 

10    later, our grief is still overwhelming, and we 

11    find ourselves mourning their memories often.

12                 But also one year later, as we look 

13    back on that day, we choose to celebrate their 

14    lives.  Buffalo is a unique city.  We are the 

15    City of Good Neighbors.  Time and again, in our 

16    hardest moments, we come together, stronger, 

17    hopeful, lifting each other up. 

18                 I've never hugged as many people as 

19    I did in the days following May 14th.  Complete 

20    strangers embodied the City of Good Neighbors 

21    nickname, stepping up to bridge the gaps in food, 

22    to connect individuals with mental health 

23    resources.  And at the end of seemingly endless 

24    days, just to listen.  We can heal so much when 

25    we simply listen to each other.  


                                                               3795

 1                 Today, Zaire is healing.  He still 

 2    has shrapnel inside his body when bullets pierced 

 3    his neck.  But his mother will tell you he is 

 4    resilient.  And by the grace of God, he is still 

 5    with us.  In fact, our community came to together 

 6    just days after May 14th to join Zaire as he 

 7    celebrated his 21st birthday.  And by a miracle, 

 8    we will be able to celebrate again later this 

 9    month.

10                 Tragically, not every family can say 

11    the same.  I pray for those we have lost, and I 

12    know my colleagues do as well.  In their memory 

13    we must do everything in our power to call out 

14    hate in every form, denounce racism, and create a 

15    more inclusive and just society for everyone.  

16    That is how we can honor them.

17                 Thank you again to all of my 

18    colleagues and to people all across this great 

19    state and nation and the global community for 

20    thinking of Buffalo and coming to our aid in our 

21    time of need.  Let us work together to prevent 

22    this cycle from repeating anywhere else in 

23    America.  

24                 May those 10 beautiful souls rest in 

25    peace.  Thank you, Madam President.


                                                               3796

 1                 ACTING PRESIDENT MAYER:   Thank you 

 2    Senator Kennedy.

 3                 Senator Comrie on the resolution.

 4                 SENATOR COMRIE:   Thank you, 

 5    Madam President.  

 6                 I rise today to speak on the 

 7    resolution commemorating a year since the 

 8    shootings in Buffalo, which has been a tragedy to 

 9    our state in many different ways.

10                 The fact that we've had in this 

11    country over 300 shootings since then, the fact 

12    that we had a young person that came from the 

13    middle part of the state that had been 

14    indoctrinated in hate because he never had a 

15    chance to be acculturated to the beauty and 

16    culture of what made New York State so great, 

17    which is the assimilation of people that come 

18    from all over the world to try to come to 

19    New York to have a better life.

20                 We must realize that we have a 

21    responsibility as legislators to ensure that all 

22    New Yorkers can understand who we are as 

23    New Yorkers, where we come from, that we're all 

24    immigrants to this state.  That we all have to 

25    understand and appreciate each person that we 


                                                               3797

 1    encounter, because you never know what that 

 2    person can do or who that person knows in your 

 3    life or who that person may have relationships 

 4    to.  

 5                 We must work as a state to make sure 

 6    that we create opportunities for our young people 

 7    to be acculturated to all different types of 

 8    culture, all ethnicities, to have an 

 9    understanding so that they don't gain hate in 

10    their heart from the internet, where they want to 

11    go find a minority community and shoot people or 

12    a community that they're not familiar with and 

13    take life because someone on the internet told 

14    them to do so.

15                 We have responsibilities as 

16    legislators to make sure that there is a 

17    curriculum of inclusion throughout every school 

18    in this state, to prevent young people from going 

19    down these negative paths, to prevent people from 

20    being indoctrinated by the internet for things 

21    that are totally sick, that are creating 

22    opportunities for divisiveness as opposed to 

23    creating an opportunity to bring our state 

24    together.

25                 We are at a critical stage in our 


                                                               3798

 1    country where divisiveness seems to be the rule 

 2    of the day, as opposed to trying to build 

 3    bridges.  Where we're trying to allow people to 

 4    come in to try to start a life, but we're 

 5    hindering them by not giving them an opportunity 

 6    to immediately work.  Where we'd rather denigrate 

 7    people for their inadequacies rather than to 

 8    embrace them and give them an uplift.  

 9                 We've gotten away from the 

10    traditions of this country.  We need to get back 

11    there.

12                 The shooting that happened in 

13    Buffalo was only emblematic of that, that we're 

14    not training our young people properly, where 

15    this young man all of a sudden decided that he's 

16    going to be a racist and a bigot and he wanted to 

17    kill minority people.  

18                 We must do something to change our 

19    young people's hearts and minds in New York.  

20    It's only through education that we can do this.  

21    I would submit, Madam President, we have to have 

22    a curriculum of inclusion in every school in 

23    New York State.  We have to get away from these 

24    precepts that are going to cause divisiveness or 

25    overacculturate people or try to make excuses for 


                                                               3799

 1    what happened.

 2                 We've got to focus on making sure 

 3    that every child in this state gets an 

 4    opportunity to understand and appreciate that 

 5    every person they encounter is someone that they 

 6    should respect, someone that they should embrace, 

 7    someone that they should learn to understand and 

 8    appreciate, and someone that they can grow with 

 9    and not be dismissive of.

10                 We have the people in Buffalo that 

11    are still suffering from the after-effects of the 

12    shooting, because something like this will hurt 

13    and imprint someone for the rest of their lives.  

14    And I hope that we can continue to provide all 

15    the resources we can to that community and to 

16    every individual that's a victim of gun shooting.  

17                 Thank you, Madam President.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Comrie.

20                 Senator Bailey on the resolution.

21                 SENATOR BAILEY:   Thank you, 

22    Madam President.  

23                 Thank you, Senator Kennedy, for not 

24    just introducing this resolution, but I know it's 

25    very difficult for you to speak on this one 


                                                               3800

 1    because it's home.  And when things hit closer to 

 2    home, they have a reverberating effect not just 

 3    for you but for -- not just for your family, not 

 4    just for your constituents, but for your staff 

 5    like Zeneta and Zaire and all of the families of 

 6    those individuals that we lost.

 7                 And, you know, when we speak on 

 8    resolutions sometimes -- sometimes, 

 9    Madam President, I have a conception of what I 

10    think I'm going to say, but sometimes life's 

11    eternal highway gives me a detour provided by 

12    Senator Comrie.  And I thank you for that, 

13    Senator Comrie.

14                 You know, a lot of the times in this 

15    chamber the only thing that people that we 

16    represent, when they're watching the legislative 

17    channel, they're seeing the debates, is conflict.  

18    All they see is conflict.  All they see is 

19    Senator Rhoads and I debating about discovery, 

20    but they don't see us in the lounge talking about 

21    the Mets.  All they see is Senator Palumbo and I 

22    debating bail, but they don't see us talking 

23    about life and family.  They don't see that.  

24                 We are 0.00000001 of the population, 

25    and we represent a hundred percent of the 


                                                               3801

 1    population.  I -- we're not going to be the cure 

 2    to racism.  There is no cure to racism.  But 

 3    there are eventual steps that we can take towards 

 4    that, and it is -- it starts in this chamber.  

 5                 And I'm not saying don't represent 

 6    your district to the best of your ability.  We've 

 7    got to message better.  That the people across 

 8    the aisle and the people that they represent are 

 9    not bad people.  They're not evil people.  

10    They're not people that should be shot and killed 

11    for being Black.  They're not that.  They are 

12    deserving of life and acceptance and gratitude 

13    just like anybody else.

14                 So it's about the curriculum in the 

15    schools.  It's also about the curriculum in the 

16    chamber.  In every chamber, in state -- not just 

17    state legislature, county legislature, a 

18    municipal body and governing body where anybody 

19    that has a mouthpiece that people will listen to 

20    have to speak what the good pastor would have 

21    said is the good news, that there is good in 

22    everyone's heart.  You've got to dig a little 

23    deeper sometimes, Madam President, but there is 

24    good in everyone's heart.  

25                 How do we find that?  How do you 


                                                               3802

 1    make sure that you learn from an early age -- 

 2    when we talk about, in the medical profession, 

 3    early intervention.  Right?  Stop the problem 

 4    before it becomes a larger one.  Right?  You 

 5    know, if you have a warning to get diabetes, then 

 6    you should start a diet that will stop you from 

 7    getting diabetes.  

 8                 Well, if you don't want racism to 

 9    affect our country and our society, well, start 

10    that diet now.  Start feeding our kids 

11    responsible information.  Start showing them that 

12    it's okay to be different.  Your echo chamber 

13    might work for you, but there's life beyond the 

14    echo chamber.

15                 You know, I had the privilege of 

16    going to the Tops Supermarket in Buffalo in July, 

17    like on the one weekend that Tim Kennedy wasn't 

18    there.  

19                 (Laughter.)

20                 SENATOR BAILEY:   And 

21    Madam President, it was like walking near holy 

22    ground.  You could feel the spirit.  You could 

23    feel the love there.  And the artwork, the -- 

24    there were writings on the ground, there were 

25    messages from people from throughout the country 


                                                               3803

 1    who had gone there to pay their respects.

 2                 And I don't know that the display is 

 3    still there in that same form, but in the Tops 

 4    Supermarket there was a waterfall that was built 

 5    in the waterfall -- excuse me, that was built in 

 6    the supermarket, with the names etched of those 

 7    that we lost.  Madam President, and I stopped and 

 8    I just kind of stared at it dumfounded, probably 

 9    about a minute.  And I thought about the anguish 

10    that the families feel and I thought about the 

11    anguish that the City of Buffalo feels.  But I 

12    thought about, what's my responsibility in this 

13    moment?  What am I going to take out of this?  

14                 And, you know, life is complicated.  

15    So are people.  And the message that I ultimately 

16    believe that I've gotten is that I need to 

17    continue to take steps towards making sure that 

18    acceptance is real.  And that while I -- while I 

19    know that it must be much more difficult for 

20    those in the City of Good Neighbors, this is 

21    something that we felt throughout the country, 

22    especially in Black communities.

23                 You know, being targeted for who you 

24    are is never okay.  And it's tough in death when 

25    life seems scary.  And to be afraid to go to 


                                                               3804

 1    certain places was a common refrain for Black 

 2    folks throughout the country.  

 3                 As I close, I just want to say I 

 4    thank -- I thank the leader for putting this 

 5    resolution on.  And I know that there will be 

 6    commemorations throughout the weekend in the City 

 7    of Buffalo.  And, you know, I give my best to the 

 8    city.  But we've got to do more.  Each and every 

 9    one of us in here has an audience, we have a 

10    group, we have responsibility.  And as the pastor 

11    said, I couldn't even leave it off for a better 

12    moment:  To whom much is given, much is required.

13                 Thank you, Madam President.

14                 ACTING PRESIDENT MAYER:   Thank you, 

15    Senator Bailey.  

16                 Senator Sanders on the resolution.

17                 SENATOR SANDERS:   Thank you, 

18    Madam President.

19                 I want to thank my colleague Senator 

20    Kennedy and the leader for understanding that 

21    this is a necessary thing that we do and to mark 

22    this tragic occasion.

23                 And like most people in America, we 

24    all cry out, how long will this go on?  How many 

25    times will this have to happen before we as a 


                                                               3805

 1    country decide that we're going to stop this 

 2    madness?  

 3                 This madness in Buffalo, of course, 

 4    has been predated time and time again.  We can go 

 5    back to Timothy McVeigh, the archvillain of the 

 6    Oklahoma City bombings.  He was from New York.  

 7    He was raised in New York.

 8                 We can go to the Black church in 

 9    South Carolina, the slaughter there.  We can go 

10    to the Jewish synagogue in Pittsburgh.  Or we can 

11    just go back to Buffalo and say this:  Where and 

12    when are we going to stop and deal with this 

13    issue?  We're now faced with the white 

14    supremacists in Texas, two or three -- Texas 

15    seems to be generating an increasing amount, 

16    faster and faster.  In fact, all of the nation 

17    seems to be going faster and faster.  More and 

18    more of these, the tempo is just increasing.  

19                 We need to get serious.  Perhaps 

20    there is one thing that we can do.  We can look 

21    at the gun of choice of the madmen and say that 

22    the AR-15, which is the civilian counterpart of 

23    the M-16, has no place -- it's a terrible weapon 

24    for hunting.  Anything except people.  

25                 It's a terrible weapon for hunting.  


                                                               3806

 1    There are far better weapons for hunting.  This 

 2    one is made for one purpose, to see how many 

 3    people you can get in as short a period of time 

 4    as possible.

 5                 We all need to just get serious 

 6    here.  What is the -- what is the number that we 

 7    as society will accept?  How many more Buffalos 

 8    will we accept before we decide to say that we've 

 9    reached it?  Is it 20 more?  Because we may get 

10    to that by next week if we don't watch ourselves.  

11    Is it a hundred more?  What is the number?  

12                 To the people of Buffalo, our hearts 

13    go out to you.  To the people of Texas.  I could 

14    go on, but I'd have to name every state in the 

15    nation.

16                 Thank you, Madam President.  Thank 

17    you, Senator Kennedy.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Sanders.

20                 Senator Martins on the resolution.

21                 SENATOR MARTINS:   Thank you, Madam 

22    President.

23                 I too rise to thank the sponsor for 

24    this resolution.

25                 It is important that we remember, 


                                                               3807

 1    that we not forget.  There is an open wound in 

 2    the state, currently in this country.  And it 

 3    speaks to a mental health crisis that we have.  

 4    And we talk about policy in this chamber, and we 

 5    discuss policy all the time.  But we have to do 

 6    more.  

 7                 Our children are suffering, whether 

 8    it's because of social media, whether it's 

 9    because, as Senator Bailey said, we live in echo 

10    chambers and we choose to follow those voices 

11    that are most appealing to us.  We don't 

12    diversify.  We don't open our minds to other 

13    cultures and to other ideas.  But hate in any 

14    form has to be opposed.  And that's what we're 

15    supposed to do right here in this chamber.

16                 So when we discuss policies, let's 

17    discuss policies globally.  Let's talk about 

18    those things that we can do to make our kids' 

19    lives better, our future better.  Let's talk 

20    about education.  Let's talk about social media 

21    and the effects that social media has on our 

22    children, on their minds, on their 

23    preconceptions, and on people out there who are 

24    predisposed to listening to certain hateful 

25    messages.


                                                               3808

 1                 You know, the Reverend Dr. Martin 

 2    Luther King said that the arc of the moral 

 3    universe is long, but it bends towards justice.  

 4    And I believe that.  I believe that we can be 

 5    better.  

 6                 You know, Senator Sanders asked how 

 7    many is too many.  The first one was too many.  

 8    Every one is too many, and every one is a 

 9    reminder of the failure that we have as a 

10    society.  And certainly here in the state we bear 

11    our brunt of that as well.  Every one of them is 

12    a reminder of what we need to do here in this 

13    chamber to prevent the next one from happening.  

14                 What are we prepared to do?  Let's 

15    have that discussion.  Because as Senator Bailey 

16    said, we sit here oftentimes and we discuss and 

17    we talk at each other.  But there are things we 

18    can all agree on, and this is one of those things 

19    we should all agree on, every one of us in this 

20    chamber.

21                 We have a responsibility to do 

22    better.  We have a responsibility to figure out 

23    why this is happening.  We have a responsibility 

24    in this state to do something about it.

25                 So to the points that were made 


                                                               3809

 1    earlier, let's take this as our call to work 

 2    together to find that solution.  Let's use this 

 3    as the opportunity to understand that we're one 

 4    state, regardless of what our background is, 

 5    regardless of what ethnicity it is, whatever race 

 6    we have, whatever religion we have.  We have a 

 7    responsibility as New Yorkers to do better, 

 8    because we have failed, and this is just one 

 9    latest example of how we failed.

10                 So Madam President, I proudly vote 

11    aye.  I thank Senator Kennedy for bringing this 

12    resolution.  And I commit myself with the rest of 

13    my colleagues to work together to figuring this 

14    out.  Thank you.

15                 ACTING PRESIDENT MAYER:   Thank you, 

16    Senator Martins.

17                 Senator Webb on the resolution.

18                 SENATOR WEBB:   Thank you, 

19    Madam President.

20                 I rise to thank Senator Kennedy for 

21    bringing forth this resolution, and also to our 

22    Majority Leader.  

23                 And so I was thinking about what I 

24    wanted to offer in this moment, so I wanted to 

25    share this piece here.  "But we must go on to say 


                                                               3810

 1    that while it may be true that morality cannot be 

 2    legislated, behavior can be regulated.  It may be 

 3    true that the law cannot change the heart, but it 

 4    can restrain the heartless.  It may be true that 

 5    the law cannot make a man love me, but it can 

 6    keep him from lynching me, and I think that is 

 7    pretty important.

 8                 "Also, there's a need for executive 

 9    orders.  There is a need for judicial decrees.  

10    There is a need for civil rights legislation, on 

11    the local scale within states and on the national 

12    scale from the federal government."

13                 This was a quote, a part of 

14    Dr. Martin Luther King's speech at Western 

15    Michigan University on December 18, 1963.  And 

16    this particular quote, for me, resonates in the 

17    work that I have done over the years as a public 

18    servant in asking this question, how do we 

19    through legislation create a more equitable 

20    society, a more equitable community.  

21                 And so in commemorating this day, 

22    knowing that we lift up and honor the names of 

23    all the victims who were impacted by this 

24    travesty, and those who are surviving in the 

25    larger community, what can we do in this chamber 


                                                               3811

 1    to not have more days like this?  

 2                 And it's -- there's several things.  

 3    One, it requires us to acknowledge that white 

 4    supremacy is a problem.  It is a danger not just 

 5    to people of color, it is a danger, an impediment 

 6    to everyone's growth and ability to have a better 

 7    quality of life.

 8                 It also requires us to look at the 

 9    issues around domestic terrorism, and what are 

10    those policies and practices that we can put in 

11    place to avoid and prevent the spreading of that 

12    vitriol that permeates people's minds and their 

13    spirits and then they enact in behavior that 

14    creates harm for generations to come.  

15                 Now, the massacre that happened in 

16    Buffalo, significantly tragic, and as some of my 

17    colleagues already alluded to, reverberates 

18    across the community of Buffalo, but across our 

19    state and nation as a whole.  And at the same 

20    time, we have actions that we do every day on an 

21    interpersonal level that are driven by bigotry, 

22    and we can and should to better.

23                 And so I think it is important in 

24    this moment to honor the victims and their 

25    families.  What can we do in this chamber on this 


                                                               3812

 1    day and every day is to name the thing what it 

 2    is.  Racism is not only an epidemic, it is a 

 3    pandemic.  It is a public health issue.  And it 

 4    requires leadership to recognize it and actively 

 5    address it, whether it's through us here in 

 6    government, healthcare, every institution that 

 7    makes up our society.  We have a responsibility 

 8    to address it.  

 9                 And so I think it is important and 

10    we are reminded on days like this of why we sit 

11    in these seats and also, more importantly, what 

12    are we doing to make things better for those 

13    coming after us, not just simply that will be 

14    sitting in these seats, but in our respective 

15    communities?  Because we all deserve to live in a 

16    community where we don't have to question or 

17    wonder, if I go to the grocery store, will I be 

18    shot?  Or will I be treated differently for a job 

19    because of the color of my skin?  

20                 Madam President, we have an 

21    obligation here to not only honor the memory of 

22    the victims of the Buffalo massacre, but also all 

23    the ways in which racism permeates our state and 

24    our society.

25                 Again, I want to thank Senator 


                                                               3813

 1    Kennedy for bringing forth this legislation, all 

 2    my colleagues and the remarks that they have 

 3    shared thus far and those that will happen 

 4    subsequently.  

 5                 I will be voting aye on this 

 6    legislation.  Thank you, Madam President.

 7                 ACTING PRESIDENT MAYER:   Thank you, 

 8    Senator Webb.

 9                 Senator Krueger on the resolution.

10                 SENATOR KRUEGER:   Thank you, 

11    Madam President.  

12                 I also rise to thank Senator Kennedy 

13    and our leader, Andrea Stewart-Cousins, for 

14    bringing the resolution to the floor, because we 

15    actually can't talk about this enough.  

16                 It's not just the story of Buffalo.  

17    It's a story in every newspaper of our country it 

18    feels like every day of our lives now:  Mass 

19    shootings, driven by ignorance and hatred.  And 

20    it's not all traditional racism.  Of course it is 

21    towards Black and brown people.  It's 

22    antisemitism, it's anti-Asian violence, it's 

23    Islamophobia violence.  

24                 Hatred and violence are both growing 

25    in our country, in correlation to each other, and 


                                                               3814

 1    that's what's so terrifying to me, that there's 

 2    always some level of people not understanding 

 3    each other and some people hating each other, but 

 4    the level at which it's going on now in our 

 5    country -- we almost forget mass shootings two 

 6    days later because a new one showed up in some 

 7    other state, in some other town.  We go, Well, 

 8    now it's them.  Well, it's not them, it's all of 

 9    us.  And it's impacting all of us.  

10                 And the growth in the violence 

11    correlated to the growth in access to guns and 

12    more and more dangerous guns, with less and less 

13    rules that can be applied, is what's also 

14    literally triggering the amount of violence 

15    that's done in any given incident.

16                 So I don't have all the answers.  I 

17    don't think anyone in this room does.  But it is 

18    absolutely correlated to our doing a better job 

19    of educating our children, educating each other, 

20    making clear that none of it will be stood for.  

21    Reporting in when you think something's happening 

22    or could be happening.  And forcing ourselves to 

23    say we are America, we are New York State, we are 

24    not going to let this continue.  We are not 

25    simply going to read about the next incident and 


                                                               3815

 1    shrug our shoulders and go, What can we do?  

 2    There is absolutely more we can do at every level 

 3    of government, and we must.  

 4                 So my heart goes out to everyone 

 5    who's been impacted by this violence throughout 

 6    this country.  And yet I know in my heart I'm 

 7    just waiting for the next incident, hoping it's 

 8    not anywhere near us.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Krueger.

12                 Senator Borrello on the resolution.

13                 SENATOR BORRELLO:   Thank you, 

14    Madam President.

15                 I first rise to thank 

16    Senator Kennedy for this and certainly send my 

17    condolences.  You know, we are all western 

18    New Yorkers myself, and we were rocked by what 

19    happened on that day.

20                 You know, Western New York is 

21    actually a small community in many ways.  That 

22    day a good friend of mine who I've known for 

23    30 years, a pharmacist, usually working on 

24    Saturdays, was not there that day.  But yet, you 

25    know, so much tragedy, so much pain.  It affected 


                                                               3816

 1    us all.

 2                 You know, on those days afterwards I 

 3    was very proud of the response from our Western 

 4    New York delegation.  We all gathered together 

 5    for a food distribution, because the loss, the 

 6    painful loss there was also followed by a 

 7    critical grocery store being closed.  And the 

 8    food that those folks needed was not there any 

 9    longer.  

10                 So we all -- we all went to a food 

11    distribution, and we all worked together.  And so 

12    many people from all across the state, all across 

13    the country, supported that effort.  That's the 

14    thing that shows that in the end, we are good 

15    people.  As Senator Bailey said, that we do have 

16    good things in our heart.

17                 You know, I look at the list of 

18    bills and, you know, we debate, we fight, but in 

19    the end most of the bills we all agree on, most 

20    of the time.  Outside this chamber, we work 

21    together on lots of things.  In these waning days 

22    of our session we will push and work together to 

23    get all those local bills that are important to 

24    everyone, no matter Republican, Democrat, what so 

25    be, they will get done.  That is the spirit that 


                                                               3817

 1    we need to share with the outside world.

 2                 So in closing, I will say that we 

 3    mourn the losses, that we are all affected by 

 4    this, and we will do better and must do better.

 5                 So thank you, Madam President.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Borrello.

 8                 Senator Brouk on the resolution.

 9                 SENATOR BROUK:   Thank you, 

10    Madam President.

11                 I want to start by thanking my 

12    colleague Senator Kennedy and the rest of the 

13    Buffalo delegation, both in the Senate and in the 

14    Assembly, for honoring and remembering those that 

15    were lost and for all that you've done to support 

16    your community.  And we know the things that make 

17    headlines, and the things that don't, that you 

18    all have put into supporting your community.

19                 I also want to say, to the families 

20    who lost loved ones in Buffalo, that we love you, 

21    we stand with you, and we are mourning with you.  

22                 A lot of folks talked about today 

23    some of the things that we face here in the 

24    United States and in New York.  And the only way 

25    I can think to describe it is deadly diseases.  


                                                               3818

 1    We are suffering from the deadly disease of 

 2    racism in this country, in this state, in this 

 3    community, and we are suffering from the deadly 

 4    disease of an obsession with guns and assault 

 5    weapons.  

 6                 Racism -- and I say this not just as 

 7    a Black woman, as the chair of the Mental Health 

 8    Committee -- racism is not a mental illness.  

 9    Racism is a disease that this country was founded 

10    on and that we have failed to cure, that we have 

11    failed to make the most meaningful advances 

12    against.  And while here in New York we have made 

13    advances against the deadly disease of gun 

14    violence, as a nation we have failed terribly.

15                 And I think we really need to face 

16    the fact that there are other countries that have 

17    prevalent mental illness.  There are other 

18    countries that have prevalent racism.  Ask any 

19    nonwhite person who's traveled outside this 

20    country to know racism exists, colorism exists 

21    all over this world.  And yet it's only here in 

22    the United States that we have to sit here 

23    mourning the losses, putting forward resolutions, 

24    time and again and again and again and again, 

25    because we have a pairing of two deadly diseases 


                                                               3819

 1    of racism and a proliferation of assault weapons.

 2                 There's no reason why someone with 

 3    hate in their heart, indoctrinated to hate Black 

 4    people, should have easy access to a weapon whose 

 5    sole purpose is to destroy multiple lives.

 6                 So we sit here and we mourn and we 

 7    feel the pain, we feel the fear in our own hearts 

 8    of going into grocery stores, of going for jogs, 

 9    going through drive-throughs, of living our 

10    lives.  

11                 But that's not enough.  Where 

12    there's action that needs to be taken, we need to 

13    stop acting like we don't know what those actions 

14    are, and we need to start showing the courage to 

15    take those actions.

16                 I'll end with this.  The news of the 

17    Buffalo massacre happened as I sat at home with a 

18    one-month-old baby.  And I thought to myself, how 

19    dare I bring this beautiful Black life into this 

20    world that does not deserve her?  And I 

21    recommitted to myself and to all of our families, 

22    all of us, that I have to do every single thing 

23    that I can every single day to make this world 

24    and this state one that deserves this beautiful 

25    baby girl.  And that's what I've recommitted 


                                                               3820

 1    every single day since.  

 2                 And I'll say once again, Senator 

 3    Kennedy, thank you for your leadership, for the 

 4    leadership of many of my colleagues, to our 

 5    leader, Andrea Stewart-Cousins.  And I beg of 

 6    anyone who hasn't done the work they need to do 

 7    every day -- not just legislating, but in how you 

 8    talk and treat people -- that we do more.  

 9                 And I vote aye.  Thank you.

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Brouk.

12                 Senator Jackson on the resolution.

13                 SENATOR JACKSON:   Thank you, 

14    Madam President.  

15                 My colleagues, I rise to speak on 

16    this matter.  

17                 Senator Kennedy, thank you for your 

18    leadership.  

19                 To the families that are here, your 

20    lives and the lives of so many people have been 

21    changed forever.

22                 I thought about the assault weapons 

23    that were used in this particular matter and 

24    around our country, and I think about what I've 

25    said even several years ago, and after listening 


                                                               3821

 1    to our president, President Biden, speaking about 

 2    a ban on assault weapons after the Nashville, 

 3    Tennessee, shooting.  I've said a long time ago, 

 4    if I was the president of the United States I 

 5    would have banned all assault weapons.  

 6                 And some people said, How would you 

 7    do that?  Get Congress to pass a law that we will 

 8    pay everyone what they paid for that assault 

 9    weapon.  And if you did not hand it in, you will 

10    be brought up on charges of committing a crime.  

11                 Because if we look around and think 

12    about everything that we have seen, thousands of 

13    people have died in our country as a result of 

14    assault weapons.  

15                 And some people will argue, Well, 

16    it's my right under the Second Amendment of the 

17    Constitution to bear arms.  Well, that's your 

18    right, but it doesn't say it has to be an assault 

19    weapon.  What if I wanted to bring a bazooka at 

20    home, in order to take it at home?  Is that okay?  

21    Of course it's not.  Lives have been lost and 

22    people's lives have changed forever as a result 

23    of these mass shootings all over the place.  

24                 And, yes, racism is a part of it.  

25    But today we mourn the tragic life and bodily 


                                                               3822

 1    injuries of people from Buffalo, New York.  

 2                 And as someone from New York City, 

 3    NYPD sends out an alert every time there's an 

 4    incident.  And as a member of the State Senate 

 5    from New York City, I see too many reports of gun 

 6    violence where people are being shot and killed.  

 7    And the majority of those people in New York City 

 8    are people of color.  

 9                 It's crazy.  We need to get ahold of 

10    this as a country and ban assault weapons and 

11    reduce guns in our homes and protect one another 

12    with whatever we can do.

13                 So with that, Madam President, I 

14    vote aye.  I wish I had the magic solution to 

15    wave a wand and to eliminate all racism, 

16    eliminate all guns in our country, but I don't.  

17    So we work together.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Jackson.

20                 Senator Persaud on the resolution.

21                 SENATOR PERSAUD:   Thank you, 

22    Madam President.  

23                 You know, it is -- every time there 

24    is a mass shooting -- first, thank you to 

25    Senator Kennedy and to our Majority Leader for 


                                                               3823

 1    allowing this resolution to the floor.

 2                 Every time there's a mass shooting 

 3    across this country, the first thing we 

 4    instinctively say is "our thoughts and prayer."  

 5    We say "our thoughts and prayer."  Because at 

 6    that time, everyone believes in religion.

 7                 And then a little after that, people 

 8    start to squabble about the rights of the person 

 9    who committed that heinous crime.  And it always 

10    comes back to saying, Well, he has a right to 

11    have a gun.  He has a right to have a gun.  

12                 Ask ourselves, when we look in the 

13    mirror every day, do I have a right to walk up to 

14    you, Senator Borrello, do I have a right to walk 

15    up to you and punch you in the face and just walk 

16    away?  Do I have a right?

17                 Someone can say, Yeah, I'm 

18    expressing my frustration, so I have a right.  

19    But do I really?  

20                 And then we say, it's my right, you 

21    know -- do you have a right to have weapons and 

22    ammunition in your home?  Are you arming a small 

23    militia?  Are you?  That's the question we should 

24    ask whenever we hear that someone walked into a 

25    church, a supermarket, a mall, a shopping mall, 


                                                               3824

 1    and just started shooting with a rifle or a gun 

 2    that they purchased legally in another state.

 3                 And then they come to express the 

 4    hatred that they've been taught.  And I say 

 5    taught.  No one is born hating, no one.  We walk 

 6    in, we see each other, we're different cultures, 

 7    different ethnic groups.  But we are taught to 

 8    dislike someone who does not look like us.  

 9                 And for the vast majority of people 

10    who are taught to dislike the person who does not 

11    look like them, it's about power.  It's about 

12    control.  That's what that hatred is about.  If 

13    you can control someone who does not look like 

14    you, you are showing the people of your groups 

15    that you are better than everyone else.  That's 

16    what it's all about.

17                 A few years ago there was an event, 

18    and a little boy ran up to his mom in tears.  He 

19    was four years old.  She says, "What's the 

20    matter?"  He says -- I'm going to say 

21    Little Johnny.  Little Johnny says, "My dad said 

22    I should not play with brown kids."  That's what 

23    he said.  

24                 Why are we telling our children that 

25    it's not okay to play with a child because the 


                                                               3825

 1    child looks different from him or her?  That's 

 2    what we see every day.  That's what we see every 

 3    day.  And that's why across this country we are 

 4    seeing more and more mass shootings, because 

 5    young children are taught that when you see 

 6    someone who does not look like you, you must hate 

 7    them.

 8                 And we always say hate is a strong 

 9    word.  But that's exactly what it is.  It's a 

10    word that's used in families because they don't 

11    like someone who looks like them.  We see every 

12    day, we hear every day people in circles that 

13    we're all part of:  Oh, I don't want them moving 

14    in next to me.  Why?  Because they're different.  

15    They look different to you.  They're going to 

16    change the makeup of our community.  

17                 What have they done to you?  They've 

18    done nothing to you.  But you've -- it's been -- 

19    you've been so indoctrinated in the hatred of 

20    others that you don't see and you can't for 

21    yourself figure out that's wrong.

22                 Each of us in here has a 

23    responsibility to break that cycle.  Each of us, 

24    when we look in the mirror, should say when I go 

25    out there today, I'm going to be the one that's 


                                                               3826

 1    going to start that conversation.

 2                 Don't be afraid of the person who's 

 3    standing next to you because they look different 

 4    than you are.  They're not your enemy.  The 

 5    person who walked into Tops and decided to kill 

 6    those people, walked in there and did that 

 7    because he was told that Black people were his 

 8    enemy.  That's it.  They had done nothing to him.  

 9    But he was told that they were his enemy.

10                 Don't be afraid of someone who does 

11    not look like you.  We have a responsibility to 

12    break that cycle.  That little child that's 

13    sitting in the gallery up there, let's show that 

14    little child that we are responsible people and 

15    we are going to change that conversation in the 

16    State of New York.  Don't hate.  Don't hate 

17    someone who doesn't look like you.  Don't do 

18    that.

19                 When you go to your school or you're 

20    walking and you see a little kid who's different 

21    from you, say hi to them.  If you hear adults 

22    tell you, Come on, they're not one of us, don't 

23    believe that.  We are all human beings.  

24                 Many of us in here sit and say we're 

25    Christian or whatever religion.  Well, if you 


                                                               3827

 1    really deep inside of you believe in the God that 

 2    you believe in, you will also believe that we are 

 3    all one people.  That's what you will believe.  

 4    And you will change that conversation that you 

 5    have when you walk out into the public.

 6                 So to all of you and to everyone in 

 7    the gallery, remember, we are all one people.  We 

 8    may look different, but we were all created to be 

 9    the same.  I bleed the same as you bleed.  No 

10    different.  

11                 So to the people of Buffalo, we will 

12    continue to stand with you.  And we continue -- I 

13    hope to God that Senator Krueger is wrong, that 

14    we're not going to have another mass shooting.  

15    That's what I hope for.

16                 So to Senator Kennedy, thank you.  

17    Thank you, thank you.  And again, to all of you, 

18    remember:  We are one people.  Let's behave that 

19    way.

20                 Thank you, Madam President.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Persaud.

23                 Senator Ryan on the resolution.

24                 SENATOR RYAN:   Thank you, 

25    Madam President.  


                                                               3828

 1                 Thank you to my colleague from 

 2    Buffalo, Senator Kennedy, for bringing this 

 3    resolution.  And thank you to my colleagues from 

 4    around the state for their expression of support 

 5    and grief.

 6                 There was 202 mass shootings in the 

 7    United States so far this year.  And, you know, 

 8    you read the list and -- last year we opened 

 9    January with welcoming in a mass shooting in 

10    Milwaukee, then a mass shooting in Dumas, 

11    Arkansas.  Then a mass shooting in Sacramento.  

12    Then a mass shooting in Brooklyn.  Then a mass 

13    shooting in Milwaukee.  

14                 And you try to digest this -- you 

15    know, as an American, you read about these things 

16    and you think, I feel so bad for those 

17    communities.  And you try to have empathy and you 

18    try to imagine their pain.  But then May 14th 

19    happened, and suddenly you realized all the 

20    empathy you thought you had for all those other 

21    communities, it was sort of -- it was an 

22    illusion.  Because the grief and the feeling of 

23    helplessness is so compounded, you know, when 

24    it's a mile and a half from your house.  

25                 I was doing yard work in the 


                                                               3829

 1    backyard, I'd been to some community events, and 

 2    there was a lot of helicopters buzzing overhead.  

 3    And we don't have a lot of helicopters in 

 4    Buffalo, and I just couldn't imagine why there 

 5    would be helicopters.  But you just don't think 

 6    these things can happen to you.  You know, 

 7    it's -- when tragedy comes to your town and you 

 8    don't know what to do with it.  

 9                 And we passed laws after, we passed 

10    regulations after, as I'm sure that people in all 

11    those other communities who suffered these 

12    profound tragedies do.  But on my cynical side I 

13    wonder if those really have impacts.  And you go 

14    through all these shootings, and you think, Well, 

15    let's look at what brought this person to that.  

16    Right?  That's what the press always wants to 

17    find out, what brought this person to it.  You 

18    can never figure it out.  

19                 But I've sort of gone off this 

20    looking at -- into the hearts of these shooters.  

21    And instead I think we have to look into the 

22    hearts not of Americans, but maybe into America's 

23    heart.  You know, why is it that -- like after 

24    this happened in Buffalo, you would think this 

25    can never happen anywhere else again.  But before 


                                                               3830

 1    the month was over, it had happened.  And the 

 2    profound grief that we suffered you realize is 

 3    being suffered all over the United States of 

 4    America.  

 5                 And this goes to the American heart, 

 6    right?  You know, we're a couple of miles from 

 7    the Canadian border.  They don't suffer mass 

 8    shootings like we suffer mass shootings.  I have 

 9    a daughter who lives in Japan.  They have a 

10    handful of gun deaths a year.  

11                 Like, what is it with us that makes 

12    us behave so savagely to ourselves?  I don't have 

13    an answer.  I mean, everyone who's spoken has 

14    spoken so eloquently of it.  I have no answers.  

15    But I know that 10 people were murdered in 

16    Buffalo.  And you can't think about it without 

17    crying.  And you think about the lives lost and 

18    then the suffering of each and every one of their 

19    family members, and then the ripple goes out once 

20    more to their cousins, aunts, nephews, friends.  

21    The ripple goes out once more.  

22                 Then you think about the people who 

23    just went to work at Tops that day.  Their lives 

24    are never going to be the same.  No physical harm 

25    came to them.  How do you go on living after 


                                                               3831

 1    seeing that?  

 2                 And then the EMTs who have to come 

 3    as part of their job.  The firefighters, the 

 4    police officers, the construction workers, people 

 5    who had to clean up.  It's -- the ripple of pain 

 6    is so immense.  And I know that's a ripple that 

 7    we feel so profoundly and so deeply in our hearts 

 8    as Buffalonians.  

 9                 But then you look at 2023, 202 other 

10    communities have experienced what we experienced.  

11    We don't want anyone to experience anything like 

12    this again.  I wish I had an answer for you, but 

13    I think the heart lies somewhere in the heart of 

14    America.

15                 ACTING PRESIDENT MAYER:   Thank you, 

16    Senator Ryan.

17                 Senator Harckham on the resolution.

18                 SENATOR HARCKHAM:   Thank you, 

19    Madam President.

20                 First I want to thank Senator 

21    Kennedy for this resolution and the really 

22    powerful discussion that it has brought about.  I 

23    also want to thank Senator Kennedy for taking me 

24    to Tops Supermarket a few short weeks after the 

25    shooting to reflect on the carnage and the loss 


                                                               3832

 1    of life that had happened there.

 2                 This has been a very powerful debate 

 3    for me, a confluence of a lot of things -- of 

 4    hatred, of our obsession with firearms.  As we 

 5    just heard from Senator Ryan, why this happens 

 6    nowhere else in the world but the United States 

 7    of America.

 8                 And I just wanted to comment on one 

 9    other angle of this, is the nexus of weaponizing 

10    hate on social media, which is a common thread in 

11    all of this.  In all of these mass shootings 

12    there seems to be a thread of hatred on social 

13    media that is weaponized.

14                 And, you know, we're dealing with a 

15    case of this in my own district.  In this case it 

16    has to do with homophobia and transphobia, a 

17    nexus of hateful social postings, and the next 

18    thing we know a restaurant was vandalized, the 

19    owner's car was vandalized, he was harassed with 

20    his children in the car.  

21                 And so these things are weaponized.  

22    And as you well know, Madam President, we met 

23    with some young middle-schoolers last week 

24    talking about antisemitism and how it was 

25    weaponized in their schools through social media.  


                                                               3833

 1    And one of the young men that, Madam President, I 

 2    met with as we spoke about all of these issues, 

 3    at 12 years old, had the wherewithal to say, It's 

 4    not okay.  It's not okay.  And yet so many adults 

 5    think that hate speech is okay.

 6                 So it's a challenge.  You know, we 

 7    live in a society with free speech.  How do we 

 8    regulate hate speech?  But so much of hate speech 

 9    is now being weaponized, and to the tragic 

10    results that we've seen.

11                 And I remember when I was in 

12    elementary school, the worst thing we had were 

13    fire drills.  And when that bell went off, we 

14    loved it.  It got us out of class, it got us out 

15    of the building, it got us outdoors.  And now our 

16    students have mass shooting drills, live-fire 

17    drills.  Our police departments, even the 

18    smallest ones, now have to train on 

19    active-shooter situations in school districts.  

20    And this is what we've come to.

21                 And so it's not a good state of 

22    affairs by any imagination.  And it just, as 

23    other colleagues have said, leads us to know that 

24    we have so much more work to do, both in this 

25    chamber and back in our districts.


                                                               3834

 1                 So I thank you, Senator Kennedy.  I 

 2    will be voting aye.  Thank you, Madam President.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    Hoylman-Sigal on the resolution.

 5                 SENATOR HOYLMAN-SIGAL:   Thank you, 

 6    Madam President.  

 7                 And thank you, Senator Kennedy, for 

 8    those moving words.  And Senator Ryan, my heart 

 9    goes out to you and to your constituents and to 

10    the families who lost loved ones and to the 

11    families who were injured and no doubt will 

12    suffer decades of posttraumatic syndrome.  

13                 The harm, the carnage that an AR-15 

14    inflicts upon a body is incalculable.  And even 

15    if you survive a mass shooting, you really 

16    didn't, as the studies will show.  

17                 And I want to thank my colleagues 

18    for their thoughtful words on this very solemn 

19    occasion.  

20                 And to put a finer point on the 

21    number of mass shootings, 202 just this year 

22    alone.  Madam President, there have been only 

23    been 130 days in 2023.  We witness a mass 

24    shooting at least once a week in this country.  

25    And if it's not going to be Buffalo, it could be 


                                                               3835

 1    New York City, it could be Binghamton, it could 

 2    be any part of our state or our community.  

 3                 And I just want to say that, you 

 4    know, activists like Moms Demand Action and 

 5    New Yorkers Against Gun Violence have done 

 6    everything they can in their power, as I think we 

 7    have, to make certain that our communities are 

 8    safe.  But boy, we have so much work to do at the 

 9    federal level -- and even in this chamber, as we 

10    try to move legislation like the Grieving 

11    Families Act, which is going to lift up families 

12    who have been devalued, those victims in the 

13    Buffalo shooting, due to a 175-year-old statute 

14    here in New York.  

15                 But also holding gun manufacturers 

16    liable, which is what we did in this chamber.  

17    I'm so proud that we were one of the first states 

18    in the nation.  

19                 We have to respond to these 

20    tragedies with laws that have meaning and protect 

21    our communities.  And when my 5-year-old comes 

22    home and describes the lockdown drill that she 

23    experienced, you know, I wonder what is the 

24    impact on her growing brain and emotional 

25    stability.  It's extremely frightening for young 


                                                               3836

 1    children.  If we're nervous about it, try to put 

 2    ourselves into their shoes.

 3                 And I appreciate the bills we have 

 4    on social media responsibility, continuing our 

 5    efforts in gun safety, reforming our laws around 

 6    protecting victims and ensuring that they get the 

 7    support they need after these tragedies.  But 

 8    I want to commend my colleagues for their work.  

 9    And I welcome the support -- not just the words 

10    from our colleagues across the aisle, but the 

11    courage to stand up to the gun manufacturers, to 

12    stand up to members of your own party, 

13    particularly at the national level, to do what's 

14    right for our communities and ensure there's not 

15    another incident like Buffalo, in our lifetime or 

16    ever.

17                 Thank you, Madam President.

18                 ACTING PRESIDENT MAYER:   Thank you.

19                 Senator Fernandez on the resolution.

20                 SENATOR FERNANDEZ:   Thank you, 

21    Madam President. 

22                 And thank you, Senator Kennedy, for 

23    bringing this resolution, this conversation to 

24    the floor today.  Because one way or another, we 

25    have to keep talking about it.  We have to keep 


                                                               3837

 1    recognizing that the hate, the fear, the killings 

 2    is not a normal thing.

 3                 When it comes to mass shootings in 

 4    this country, yesterday I saw it online -- an FBI 

 5    ad teaching people how to get away from a mass 

 6    shooter, what's the best tactics, how to hide, 

 7    how to stop him, how to survive.  Like it was a 

 8    natural disaster and we needed to duck and cover 

 9    because at any point a hurricane could come.

10                 And it scared me.  It scared me that 

11    this is now something that we want to normalize, 

12    that the FBI feels we have to normalize, because 

13    it's just not stopping.  And that's wrong.  

14                 It's been said -- and I'm so 

15    grateful that my colleagues recognize it, say it, 

16    and talk to each other about it -- that this is a 

17    problem in this country and it is very obvious 

18    we're the only ones with this problem.  And the 

19    common denominator always is the access to 

20    assault rifles and guns that allow those that 

21    have hate in their hearts to kill others.

22                 And for those that suffered at the 

23    hands of hate and racism, and someone who had 

24    easy access to a gun, I pray every day for you 

25    and I'm sorry that that had to happen to your 


                                                               3838

 1    family.  And I know that I stand here today ready 

 2    to continue to fight and to push back on those 

 3    that say you have that right.

 4                 Because no, we don't have that right 

 5    to hate.  And it's really sad that in my life, 

 6    fighting for my constituents, that I still face 

 7    racism in my own district.  I've had people tell 

 8    me that they're not going to vote for me because 

 9    I'm Latina.  Literally those words.  And I'm very 

10    grateful that a majority of the district saw 

11    aside from that and have me -- and they put me 

12    here today.

13                 But this is a real crisis, and I 

14    think we're reaching -- we've been at the peak.  

15    We haven't reached it, we've been at the peak.  

16    And I hope that everyone in this room and in this 

17    state can see that if we're not going to make 

18    drastic changes to what we're teaching our 

19    children, to what we're allowing access to, we're 

20    going to keep passing resolutions mourning.

21                 I will never forget those that have 

22    suffered at that.  But it hurts to keep mourning 

23    every single day, because we're seeing this every 

24    single day.

25                 Thank you, Senator, for bringing 


                                                               3839

 1    this conversation today.  And I absolutely vote 

 2    aye on this resolution.  And I look forward to 

 3    all of us in this room to continue working to 

 4    stop the evil that is happening in this state.

 5                 Thank you.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Fernandez.

 8                 Senator Cleare on the resolution.

 9                 SENATOR CLEARE:   Thank you, 

10    Madam President.  

11                 I'm a little under the weather 

12    today, and I wasn't planning on speaking on this, 

13    but I feel so moved to do so.  

14                 Senator Kennedy, thank you.  I know 

15    this was tough for you.  I remember when it 

16    happened and I saw the pain in you and others of 

17    my colleagues as well.

18                 You know, this wasn't so abstract.  

19    It was right there.  It was home.  This wasn't 

20    across the country, this wasn't down South.  This 

21    was in New York State.  People were killed 

22    because they were Black.  

23                 Yes, we have a problem with assault 

24    weapons.  But we have a problem with race.  And 

25    I'm encouraged by today's conversation in this 


                                                               3840

 1    chamber.  I think it is the most conversation we 

 2    have had about race and racism.

 3                 I think we have to have more 

 4    conversations.  It's a hard topic.  It's 

 5    difficult for all of us.  We have to examine what 

 6    are we doing, or what are we not doing that 

 7    contributes to the problem.  And when you see 

 8    disparities across the board -- you may not think 

 9    it's the case, but disparities in healthcare, 

10    disparities in education, disparities in 

11    employment, one after the other.  You look at any 

12    topic, disparities.  

13                 The people who are impacted feel not 

14    valued, and the people who hate, it is reinforced 

15    that they have no value when we don't provide 

16    these services, when we don't do things for 

17    everyone in society, when we don't recognize that 

18    we have a problem of racism in this country and 

19    in this state.

20                 Starting with our curriculum in 

21    school.  We have to teach it.  We have to teach 

22    Black history.  Black history is important not 

23    just to Black children.  It's important to white 

24    children.  It's important to all children.  

25    Because this is what teaches people the value of 


                                                               3841

 1    other people, that they have a value.  They have 

 2    a place.  And they're not people to just be shot 

 3    and killed.

 4                 Diversity is important.  It's 

 5    important to meet other people, learn other 

 6    cultures, have compassion for others.  I can't 

 7    imagine anybody doing such a horrible thing, and 

 8    I've questioned it long after the event happened, 

 9    what could be going on in this person's mind.  It 

10    is so inhumane, today, in this day and age, where 

11    we think that education is available and we think 

12    we've come a long way and we've gone through the 

13    worst that this country had to offer.  

14                 But it remains because we don't get 

15    rid of it.  We have to make a conscious decision 

16    that we are going to get rid of all of these 

17    disparities, that we're going to address racism 

18    wherever it lives.  We're going to cut it out.  

19    Because people like this gentleman think they 

20    have a right to kill people that have no value in 

21    his mind.

22                 So today, Senator Kennedy, I thank 

23    you for continuing to honor these families.  I 

24    know you had someone close to you affected.  And 

25    though he survived, I know there are scars that 


                                                               3842

 1    will never go away, not for him or his family.

 2                 It is frightening to think that that 

 3    could happen to anybody doing anything.  So we 

 4    have to continue to remember, and I thank you for 

 5    bringing this resolution.  

 6                 And I proudly vote aye.

 7                 ACTING PRESIDENT MAYER:   Thank you, 

 8    Senator Cleare.

 9                 All those in favor of adopting the 

10    resolution signify by saying aye.

11                 (Response of "Aye.")

12                 ACTING PRESIDENT MAYER:   Opposed?  

13                 (No response.)

14                 ACTING PRESIDENT MAYER:   The 

15    resolution is adopted.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Madam President, 

18    can you recognize Senator Oberacker for an 

19    introduction, please.  

20                 ACTING PRESIDENT MAYER:   Senator 

21    Oberacker for an introduction.

22                 SENATOR OBERACKER:   Thank you, 

23    Madam President.  

24                 You know, I'm so happy to have a 

25    group from the 51st Senate District, from my home 


                                                               3843

 1    county, with me here today.  

 2                 Leadership Otsego is a program 

 3    coordinated by the Otsego Chamber of Commerce, 

 4    focused on developing community stewards from all 

 5    walks of life.

 6                 This program, which was -- and has 

 7    existed since 1997, concentrates on the many 

 8    challenges we have locally.  A true bottom-up 

 9    approach that has helped develop and inspire our 

10    next generation of leaders.

11                 You know, certainly there's nothing 

12    more educational and inspiring than a visit to 

13    the great New York State Senate chamber.  And I'm 

14    honored to have the 2023 class of 

15    Leadership Otsego here today and hope that this 

16    visit will enhance their learning experience.

17                 Welcome to all.  Enjoy your time 

18    here at the Capitol.  And I would ask, 

19    Madam President, that we extend all the 

20    courtesies of the chamber to this wonderful 

21    group.

22                 ACTING PRESIDENT MAYER:   Thank you, 

23    Senator.

24                 To our guests, we welcome you on 

25    behalf of the Senate.  We extend to you all the 


                                                               3844

 1    privileges and courtesies of the house.  

 2                 Please rise and be recognized.

 3                 (Standing ovation.)

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Gianaris.

 6                 SENATOR GIANARIS:   Can we now move 

 7    to previously adopted Resolution 523, by 

 8    Senator Cleare, read its title and recognize 

 9    Senator Cleare.

10                 ACTING PRESIDENT MAYER:   The 

11    Secretary will read.

12                 THE SECRETARY:   Senate Resolution 

13    523, by Senator Cleare, commending Robert 

14    McCullough for a lifetime of public service to 

15    the youth of Harlem, New York, upon the occasion 

16    of commemorating the 57th Anniversary of Each One 

17    Teach One, Inc.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Cleare on the resolution.

20                 SENATOR CLEARE:   Thank you, 

21    Madam President.  

22                 Bob McCullough is a one-of-a-kind 

23    beloved institution in East Harlem, Harlem, and 

24    New York City.  Bob may be best known for some of 

25    his basketball exploits, such as averaging 


                                                               3845

 1    36 points a game in the 1964-1965 college season, 

 2    or for his streetball skills at the famed 

 3    Rucker Park.

 4                 However, the Bob McCullough that so 

 5    many know and love is a selfless and powerful 

 6    advocate for our community, our youth, and our 

 7    future.

 8                 After college, Bob decided to 

 9    immediately give back to his community through 

10    his life's work.  In 1966 he founded Each One 

11    Teach One, in honor of his mentor 

12    Holcombe Rucker.  Each One Teach One has now 

13    existed for over half a century, providing 

14    mentorship, educational, social and youth 

15    development services in Harlem and beyond.

16                 Many famous Each One Teach One camp 

17    counselors exist, such as Dr. Jay, Julius Erving; 

18    Nate "Tiny" Archibald; Willis Reed; Wilt 

19    Chamberlain; Connie Hawkins; Kareem Abdul-Jabbar; 

20    and Bill Bradley, among others.

21                 After his playing career, 

22    Bob McCullough earned a Master of Science degree 

23    from Lehman College and studied additionally at 

24    NYU, Cornell University, and Hunter College.  He 

25    served for many years as a guidance counselor and 


                                                               3846

 1    social worker.

 2                 His mark on our youth and our 

 3    community has been a shining achievement.  Due to 

 4    his inspiring mentorship, multiple successive 

 5    generations have learned core values, focused on 

 6    education, excelled on the court and off, 

 7    attended college, received degrees, played in the 

 8    NBA, and have given back to their community.

 9                 Bob was and is, but was the violence 

10    interruption before it became a term.  He was 

11    always dedicated to the Harlem community.  And I 

12    believe strongly in celebrating our community 

13    here.  He served on Community Board 10 for 

14    30 years.  Always giving back.  

15                 Today, Bob, I want to let you know 

16    how much you mean to the Harlem community, to the 

17    New York community, for all the work that you've 

18    done over these years.  It is an honor to know 

19    you and an honor to honor you today.

20                 Thank you, Madam President.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Cleare.

23                 To Mr. McCullough and your guests, 

24    we welcome you to this house and extend all the 

25    privileges and courtesies of the Senate.  


                                                               3847

 1                 Please rise and be recognized.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT MAYER:   The 

 4    resolution was previously adopted on May 2nd.

 5                 Senator Gianaris.

 6                 SENATOR LIU:   That would be me, 

 7    Madam President.

 8                 (Laughter.)

 9                 ACTING PRESIDENT MAYER:   Oh, 

10    Senator Liu.  I didn't look up, I apologize.  

11                 SENATOR LIU:   That's okay.  He had 

12    some business to take care of.

13                 At the request of the sponsors, both 

14    resolutions are open for cosponsorship.

15                 ACTING PRESIDENT MAYER:   At the 

16    request of the sponsors, all resolutions are open 

17    for cosponsorship.  Should you choose not to be a 

18    cosponsor, please notify the desk.

19                 Senator Liu.

20                 SENATOR LIU:   Please take up -- 

21    Madam President, please take up the reading of 

22    the calendar.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 83, 


                                                               3848

 1    Assembly Bill Number 1153A, by Assemblymember 

 2    Vanel, an act to amend the Banking Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect on the 30th day after it 

 7    shall have become a law.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 83, those Senators voting in the 

15    negative are Senators Ashby, Borrello, 

16    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

17    Lanza, Martins, Mattera, Murray, Oberacker, 

18    O'Mara, Palumbo, Rhoads, Rolison, Stec, Tedisco, 

19    Walczyk, Weber and Weik.

20                 Ayes, 38.  Nays, 20.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    226, Senate Print 1059, by Senator May, an act to 

25    amend the Executive Law.


                                                               3849

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Senator 

10    May to explain her vote.

11                 SENATOR MAY:   Thank you, 

12    Madam President.  

13                 All over the state there are people 

14    who are living in unsafe conditions in their 

15    apartments.  And there are a lot of reasons for 

16    this, but one of the reasons is because we simply 

17    don't have enough code enforcement officers to do 

18    the inspections and determine if the living 

19    conditions are safe.

20                 So this is a particular problem in a 

21    lot of rural areas, not because there aren't 

22    people who want to do code enforcement but 

23    because they can't get the training.  And this 

24    bill is going to make it much easier for 

25    especially rural communities to train code 


                                                               3850

 1    enforcement officers so that tenants across the 

 2    state can live in safer conditions.  

 3                 So I'm grateful to my colleagues for 

 4    supporting this and to the leadership for 

 5    bringing this forward.  

 6                 I vote aye.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    May to be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    383, Assembly Print Number 3238, by 

15    Assemblymember Jones, an act to authorize certain 

16    healthcare professionals licensed to practice in 

17    other jurisdictions.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               3851

 1    the results.

 2                 THE SECRETARY:   Ayes, 58.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    545, Senate Print 2241, by Senator Weik, an act 

 7    to amend the Executive Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Senator 

16    Weik to explain her vote.

17                 SENATOR WEIK:   Thank you, 

18    Madam President.  

19                 March 21st is World Down Syndrome 

20    Day.  On this day people with Down syndrome and 

21    those who live and work with them throughout the 

22    world organize and participate in activities and 

23    events to raise public awareness and create a 

24    single global voice advocating for the rights, 

25    inclusion and well-being of people with Down 


                                                               3852

 1    syndrome.  That's one of them (indicating).

 2                 Down syndrome is a condition in 

 3    which a person has an extra chromosome.  

 4    Chromosomes are the small package of genes in the 

 5    body.  They determine how the baby's body forms 

 6    and functions as it grows during pregnancy and 

 7    after birth.

 8                 Typically a baby is born with 

 9    46 chromosomes.  Babies with Down syndrome have 

10    an extra copy of one of those chromosomes, 

11    chromosome 21.  

12                 Why March 21st?  The 21st day of the 

13    third month was selected to signify the 

14    uniqueness of the triplication of the 

15    21st chromosome which causes Down syndrome.  

16                 I was blessed to get a letter last 

17    year from constituent Marisa Bryant, who was kind 

18    enough to share this.  

19                 "Dear Senator Weik, I wanted to 

20    sincerely and wholeheartedly thank you for your 

21    time and effort and support in helping us pass 

22    legislation to designate March 21st as 

23    Down Syndrome Awareness Day in New York.  

24                 "As a New Yorker and an expectant 

25    mother to our fourth child, Noah James, who is 


                                                               3853

 1    likely to be born with Down syndrome later this 

 2    summer, it gives my family such comfort and 

 3    encouragement to see members of our state's 

 4    leadership championing acknowledgement and 

 5    awareness of Down syndrome.  To know that there's 

 6    positive strides in understanding and accepting 

 7    this chromosomal condition makes the uncertain 

 8    road ahead seem lighter and brighter for myself 

 9    and so many others.  

10                 "So thank you again on behalf of 

11    myself, my family, and your soon to be 

12    constituent Noah."  

13                 And then later in July last year I 

14    got another message saying that she wanted to 

15    follow up to let me know that Noah James was born 

16    on July 27th, "and he's the light of our lives." 

17                 And to know someone with Down 

18    syndrome is to be touched by a blessing that 

19    softens your heart and brightens your life.  

20    And -- excuse me -- and so today I'm so proud 

21    that New York State will forevermore recognize 

22    March 21st as Down Syndrome Awareness Day.  

23                 And I'd like to recognize Marisa and 

24    her strong-as-a-stone husband, her three -- four 

25    adorable children, Ella, Daniel, Sylvie, and Baby 


                                                               3854

 1    Noah, who is with us here today in celebration of 

 2    New York State recognizing Down syndrome 

 3    awareness.

 4                 ACTING PRESIDENT MAYER:   So first 

 5    we will say Senator Weik to be recorded in the 

 6    affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 58.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 To our guests, welcome to the 

12    Senate.  Thank you for sharing with us here 

13    today.  

14                 Please rise and be recognized.

15                 (Standing ovation.)

16                 ACTING PRESIDENT MAYER:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    561, Senate Print 5178, by Senator Brouk, an act 

20    in relation to establishing a task force to study 

21    aging in place in mental health housing.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3855

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 58.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    596, Senate Print 6056, by Senator Ryan, an act 

11    to amend the Economic Development Law and the 

12    New York State Urban Development Corporation Act.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 4.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Senator 

21    Ryan to explain his vote.

22                 SENATOR RYAN:   Thank you, 

23    Madam President.

24                 If we didn't know it before the 

25    pandemic, we know it now, that reliable 


                                                               3856

 1    high-speed internet is essential to our way of 

 2    life.  We use it for work, school, telemedicine.  

 3    You know, you name it, we figured it out during 

 4    the pandemic that life is really hard without 

 5    internet -- or without good internet.  

 6                 But a lot of communities throughout 

 7    New York State have internet service that doesn't 

 8    work as advertised.  These communities are often 

 9    rural communities, underserved communities, urban 

10    communities that have been plagued by 

11    disinvestment.  

12                 But we're doing two things to bring 

13    internet into New York State.  The Urban and 

14    Community Development program and the Restore 

15    New York Communities initiatives are both 

16    programs designed to bring internet into 

17    underserved communities.

18                 We're making a big investment in 

19    internet, but we have to make sure we're making 

20    the right investment, and fiber optic is the 

21    state-of-the-art way to deliver internet to 

22    people's homes.  This bill would add end-to-end 

23    fiber optic broadband as a factor to consider 

24    when you're figuring out how to spend state 

25    money.  


                                                               3857

 1                 It will get broadband into 

 2    underserved communities but, more importantly, it 

 3    will get good broadband into those communities.  

 4    Because dealing with slow or unreliable internet 

 5    puts people at a major disadvantage in 2023.  

 6    We're engaging in a major program in New York 

 7    State to bring internet throughout the state.  We 

 8    have to make sure we do it right.  

 9                 Federal broadband grant programs 

10    already consider fiber optic to be the projects 

11    as priority.  This bill will make it so New York 

12    joins the federal standard in putting the bias 

13    towards fiber optic to be able to get the 

14    high-quality fiber optics to our communities of 

15    need.

16                 So I vote aye, Madam President.  

17                 ACTING PRESIDENT MAYER:   Senator 

18    Ryan to be recorded in the affirmative.

19                 Announce the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.  

23                 THE SECRETARY:   Calendar Number 

24    673, Senate Print 142, by Senator Gianaris, an 

25    act to amend the Agriculture and Markets Law.


                                                               3858

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 4.  This 

 4    act shall take effect on the 90th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 58.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    674, Senate Print 761, by Senator Krueger, an act 

16    to amend the Agriculture and Markets Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               3859

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 674, voting in the negative:  

 3    Senator Brisport.  

 4                 Ayes, 57.  Nays, 1.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    675, Assembly Print Number 3552A, by 

 9    Assemblymember Pretlow, an act to amend the 

10    Agriculture and Markets Law.

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.  

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    677, Senate Print 5325, by Senator Martinez, an 

25    act to amend the Agriculture and Markets Law.


                                                               3860

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.  

 3                 THE SECRETARY:   Section 3.  This 

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

 5    shall have become a law.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 677, voting in the negative:  

13    Senator Brisport.

14                 Ayes, 57.  Nays, 1.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    678, Senate Print 6365, by Senator Hinchey, an 

19    act to amend the Agriculture and Markets Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               3861

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    680, Senate Print 3552, by Senator Breslin, an 

 9    act to amend the Education Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

13    act shall take effect two years after it shall 

14    have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    683, Senate Print 5616, by Senator Mayer, an act 

25    to amend the Education Law.


                                                               3862

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect on the first of July.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    687, Senate Print 2894, by Senator Rivera, an act 

15    to amend the Public Health Law and the 

16    Surrogate's Court Procedure Act.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 5.  This 

20    act shall take effect on the 90th day after it 

21    shall have become a law.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               3863

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 687, those Senators voting in the 

 4    negative are Senators Ashby, Borrello, 

 5    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 6    Lanza, Mannion, Martinez, Mattera, Murray, 

 7    Oberacker, O'Mara, Palumbo, Rhoads, Rolison, 

 8    Skoufis, Stec, Tedisco, Walczyk, Weber and Weik.

 9                 Ayes, 36.  Nays, 22.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    694, Senate Print 5707, by Senator Kennedy, an 

14    act to amend the Vehicle and Traffic Law and the 

15    Insurance Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 7.  This 

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

20    shall have become a law.  

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               3864

 1                 THE SECRETARY:   In relation to 

 2    Calendar 694, those Senators voting in the 

 3    negative are Senators Ashby, Gallivan, Griffo, 

 4    Lanza, Murray, Oberacker, O'Mara, Palumbo, Stec, 

 5    Walczyk, Weber and Weik.

 6                 Ayes, 46.  Nays, 12.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    737, Senate Print 6323A, by Senator Gonzalez, an 

11    act to amend the General Business Law.

12                 SENATOR LIU:   Lay it aside for the 

13    day.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is laid aside for the day.

16                 THE SECRETARY:   Calendar Number 

17    739, Senate Print 1902A, by Senator Cleare, an 

18    act to amend the Labor Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               3865

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 Senator Liu, that concludes the 

 8    reading of today's calendar.

 9                 SENATOR LIU:   Madam President, on 

10    behalf of Majority Leader Stewart-Cousins, I hand 

11    up the following subcommittee, commission and 

12    task force assignments of the Majority Conference 

13    and ask that it be filed in the Journal.

14                 ACTING PRESIDENT MAYER:   The handup 

15    is received and shall be filed in the Journal.

16                 SENATOR LIU:   Madam President, on 

17    behalf of Majority Leader Stewart-Cousins, in 

18    consultation with Senator Ortt, I hand up the 

19    following subcommittee, commission and task force 

20    assignments of the Minority Conference and ask 

21    that it be filed in the Journal.

22                 ACTING PRESIDENT MAYER:   The 

23    handups are received and shall be filed in the 

24    Journal.

25                 Senator Liu.


                                                               3866

 1                 SENATOR LIU:   Is there any further 

 2    business at the desk?

 3                 ACTING PRESIDENT MAYER:   There is 

 4    no further business at the desk.

 5                 SENATOR LIU:   Madam President, I 

 6    move to adjourn until Monday, May 15th, at 

 7    3:00 p.m., with the intervening days being held 

 8    legislative days.

 9                 ACTING PRESIDENT MAYER:   On motion, 

10    the Senate stands adjourned until Monday, 

11    May 15th, at 3:00 p.m., intervening days being 

12    legislative days.

13                 (Whereupon, at 12:43 p.m., the 

14    Senate adjourned.)

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