Regular Session - June 10, 2023

                                                                   7135

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 10, 2023

11                      2:37 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               7136

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

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT BAILEY:   Today's 

 9    clergy will be from Butler Memorial United 

10    Methodist Church, State Senator Jamaal Bailey.

11                 (Laughter.)

12                 ACTING PRESIDENT BAILEY:   Thank 

13    you, Senator Bailey.  

14                 Thank you, Mr. President.

15                 (Laughter.)

16                 ACTING PRESIDENT BAILEY:   In all 

17    seriousness, let us pray.  

18                 Father God -- whoever you may pray 

19    to, whoever brings you here -- we are all here 

20    for a real reason on a particular path.  And that 

21    path is often walked by different people at 

22    different times, but Lord, you know that we're 

23    walking for the same reasons:  To bring safety, 

24    equality, justice and fairness to all of our 

25    residents in each county of the great State of 


                                                               7137

 1    New York.  

 2                 Whether Watertown or Westchester, 

 3    Bronx or Broome County, we are all charged with 

 4    reasons, and in seasons, to make sure that we are 

 5    providing for our constituents in all ways -- not 

 6    just in all ways, but always.  

 7                 In Jesus' name we pray.  Amen.

 8                 (Response of "Amen.")

 9                 ACTING PRESIDENT BAILEY:   Reading 

10    of the Journal.

11                 THE SECRETARY:   In Senate, Friday, 

12    June 9, 2023, the Senate met pursuant to 

13    adjournment.  The Journal of Thursday, June 8, 

14    2023, was read and approved.  On motion, the 

15    Senate adjourned.

16                 ACTING PRESIDENT BAILEY:   Without 

17    objection, the Journal stands approved as read.

18                 Presentation of petitions.

19                 Messages from the Assembly.

20                 Messages from the Governor.  

21                 Reports of standing committees.

22                 Reports of select committees.

23                 Communications and reports from 

24    state officers.

25                 Motions and resolutions.


                                                               7138

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Good morning, 

 3    Mr. President.

 4                 ACTING PRESIDENT BAILEY:   Good 

 5    morning, Senator Gianaris.

 6                 SENATOR GIANARIS:   On behalf of 

 7    Senator Breslin, I wish to call up Calendar 

 8    Number 1189, Assembly Print 4925.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    1189, Assembly Print Number 4925, by 

13    Assemblymember Hunter, an act to amend the 

14    Insurance Law.

15                 SENATOR GIANARIS:   I move to 

16    reconsider the vote by which this Assembly bill 

17    was substituted for the Senate bill, Print 6827, 

18    on June 10th.  

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 THE SECRETARY:   Ayes, 62.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is restored to its place on the Third Reading 

25    Calendar.


                                                               7139

 1                 SENATOR GIANARIS:   I now move that 

 2    Assembly Bill 4925 be committed to the Committee 

 3    on Rules and the Senate bill be restored to the 

 4    order of Third Reading Calendar.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    amendments are received, and the bill will retain 

 7    its place on the Third Reading Calendar.

 8                 SENATOR GIANARIS:   Let's take up 

 9    the calendar.  

10                 ACTING PRESIDENT BAILEY:   There is 

11    a substitution at the desk.

12                 The Secretary will read.  

13                 THE SECRETARY:   Senator Cooney 

14    moves to discharge, from the Committee on Rules, 

15    Assembly Bill Number 3301A and substitute it for 

16    the identical Senate Bill 1051A, Third Reading 

17    Calendar 1073.

18                 ACTING PRESIDENT BAILEY:   

19    Substitution so ordered.

20                 The Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    1073, Assembly Bill Number 3301A, by 

23    Assemblymember Rajkumar, an act to amend the 

24    Executive Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               7140

 1    last section.  

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 1073, voting in the negative:  

11    Senator Tedisco.

12                 Ayes, 61.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1299, Senate Print 6858B, by Senator Rhoads, an 

17    act authorizing the County of Nassau assessor to 

18    accept an application for a real property tax 

19    exemption.  

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.  


                                                               7141

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 1299, voting in the negative:  

 6    Senator O'Mara.  

 7                 Ayes, 61.  Nays, 1.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1822, Senate Print 7362A, by Senator Cooney, an 

12    act to amend the General Municipal Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect March 1, 2024.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 62.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 There is a substitution at the desk.


                                                               7142

 1                 The Secretary will read.  

 2                 THE SECRETARY:   Senator Kavanagh 

 3    moves to discharge, from the Committee on Rules, 

 4    Assembly Bill Number 7768 and substitute it for 

 5    the identical Senate Bill 7573, Third Reading 

 6    Calendar 1840.

 7                 ACTING PRESIDENT BAILEY:   

 8    Substitution so ordered.

 9                 The Secretary will read.  

10                 THE SECRETARY:   Calendar Number 

11    1840, Assembly Bill Number 7768, by 

12    Assemblymember Colton, an act to amend the 

13    Education Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect July 1, 2023.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Kavanagh to explain his vote.

23                 SENATOR KAVANAGH:   Thank you, 

24    Mr. President.  

25                 The hour is late, so I will be 


                                                               7143

 1    brief, as Senator Liu has instructed me to be.  

 2    That's a bit of an inside joke.  

 3                 But no, this is a very significant 

 4    thing we're doing.  We in fact changed the day to 

 5    Saturday just to do this tonight.  

 6                 We are, with this bill, designating 

 7    the Asian Lunar New Year as a statewide school 

 8    holiday.  And we know that across New York one of 

 9    the ways we convey the significance of a 

10    particular culture, the inclusiveness of our 

11    state, is to recognize holidays that are 

12    important to the many different people in our 

13    diverse communities across the state.  

14                 This holiday is a very significant 

15    holiday for many of our Asian-American 

16    New Yorkers and, for many, the most significant 

17    holiday in the year.  And we know that the AAPI 

18    community has been growing across the state by 

19    38 percent between the last two census counts by 

20    the U.S. government.  But we also know that Asian 

21    representation has been growing right here in our 

22    own Senate chamber and in the Assembly chamber.  

23                 So this is a very, you know, proud 

24    moment for me to be a sponsor of this bill, as a 

25    representative of Chinatown.  I want to thank my 


                                                               7144

 1    colleagues, particularly Senator Liu and 

 2    Senator Chu and the leadership of our leader, 

 3    Andrea Stewart-Cousins; and in the Assembly, 

 4    sponsors Assemblymember Colton and 

 5    Assemblymember Lee -- who is here -- and the 

 6    Speaker, for working with our leader to get this 

 7    across the finish line.  

 8                 And also our -- I should acknowledge 

 9    our Education chair, Senator Mayer, who has been 

10    very supportive of this.

11                 So with that, I vote aye.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Kavanagh to be recorded in the affirmative.

14                 Senator Liu to explain his vote.

15                 SENATOR LIU:   Mr. President, in the 

16    interests of full disclosure, I'm Asian.  I've 

17    been Asian my whole life.  And this is pretty 

18    darn important to Asian Americans.  With that, I 

19    proudly vote aye.  

20                 I want to thank Senator Kavanagh for 

21    sponsoring this.  And Senator Kavanagh, this is 

22    how you do brief.  

23                 Thank you.  I encourage my 

24    colleagues to do the same.  

25                 (Laughter; applause.)


                                                               7145

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Liu to be recorded in the affirmative.

 3                 Senator Mayer to explain her vote.

 4                 SENATOR MAYER:   Thank you, 

 5    Mr. President.  I will be brief -- not as brief 

 6    as Senator Liu.  

 7                 But thank you, Senator Kavanagh, 

 8    Senator Liu, Senator Chu, all my colleagues for 

 9    their leadership in expanding the holidays for 

10    schools throughout the state, and particularly 

11    for making Asian Lunar New Year a school holiday 

12    for every district.  

13                 As we do so, we're going to need to 

14    work with the State Education Department, the 

15    Board of Regents, Commissioner Betty Rosa, to 

16    ensure that we have flexibility as our schools 

17    struggle to both diversify the holidays they 

18    celebrate and also deal with the 180-day 

19    requirement that the state imposes on them.  

20                 This is going to require flexibility 

21    and creativity.  I look forward to working with 

22    our colleagues across the street at the 

23    State Education Department to find ways to ensure 

24    our kids both celebrate holidays and have all the 

25    requisite learning we need them to do.  


                                                               7146

 1                 I proudly vote aye and salute my 

 2    colleagues for bringing this to the floor.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Mayer to be recorded in the affirmative.

 5                 Senator Chu to explain her vote.

 6                 SENATOR CHU:   Thank you, 

 7    Mr. President.  Happy Saturday.  

 8                 I'm very excited to be here to speak 

 9    on this bill that still keeps my eyes open at 

10    this hour.  Lunar New Year right now, this 

11    holiday is probably one of the most celebrated 

12    holidays in the world.  Right now, around the 

13    world there's about 2 billion people, population, 

14    who are celebrating Lunar New Year this holiday.  

15                 And usually this holiday falls in 

16    late January, early February.  And next year it 

17    is February 10, which the night is the eve we 

18    have a big feast, a dinner with our family.  And 

19    it is a month-long, 30 days of celebration.  

20                 So this -- it is absolutely the time 

21    for our family and friends who celebrate and come 

22    together for each other to celebrate for our 

23    culture and our future.  

24                 As an Asian-American myself, our 

25    expansive cultures and traditions have typically 


                                                               7147

 1    not been recognized in the public domain.  I'll 

 2    simply state it is about time we do so.  

 3                 So I really appreciate all my 

 4    colleagues, especially State Senator Kavanagh and 

 5    all the Senators and our leadership who support 

 6    this one.  I really, really appreciate it.  

 7                 It means a lot for our AAPI 

 8    community because by passing this bill it means 

 9    our students, our families who celebrate this 

10    holiday, they no longer need to choose between 

11    their homework, their tasks, their attendance in 

12    their school, their records -- or they can spend 

13    the time to celebrate with their family.

14                 And I'm really proud to be a 

15    cosponsor of this bill.  

16                 For all these reasons, I proudly 

17    vote aye.  Thank you.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Chu to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   Ayes, 62.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 There's a substitution at the desk.  

25                 The Secretary will read.


                                                               7148

 1                 THE SECRETARY:   Senator Addabbo 

 2    moves to discharge, from the Committee on Rules, 

 3    Assembly Bill Number 7769 and substitute it for 

 4    the identical Senate Bill 7574, Third Reading 

 5    Calendar 1859.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    substitution is so ordered.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    1859, Assembly Bill Number 7769, by  

11    Assemblymember Rajkumar, an act to amend the 

12    Education Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect July 1, 2023.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Addabbo to explain his vote.

22                 SENATOR ADDABBO:   Good morning, 

23    everyone.  

24                 Light over darkness, good over evil, 

25    the ability to address your challenges.  These 


                                                               7149

 1    are the messages of Diwali, and this is the 

 2    characteristic of Diwali.  

 3                 And now, because of this bill -- 

 4    hopefully the Governor signs it -- the residents 

 5    of New York City, through the school system, will 

 6    realize this as a holiday.  

 7                 It's a positive message that I think 

 8    certainly in today's times we need that message 

 9    that Diwali brings us.  I want to thank you all 

10    for your support.  I want to thank our leader, of 

11    course, for bringing this to the floor.  

12                 But I really want to thank 

13    Eric Katz, my legislative director, and the team.  

14    To deal with the Assembly on this bill, and their 

15    persistence to get it to the floor and to have us 

16    do this bill -- it was an adventure.  So I want 

17    to say thank you.  

18                 And I'll be voting aye.  Thank you 

19    very much.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Addabbo to be recorded in the affirmative.

22                 Senator Liu to explain his vote.

23                 SENATOR LIU:   Thank you, 

24    Mr. President.  

25                 Diwali is the triumph of good over 


                                                               7150

 1    evil, of light over darkness, of everything good 

 2    over bad.  It's very important as well.  And I 

 3    thank Senator Addabbo for carrying this bill.  

 4                 This is very meaningful to the 

 5    growing population of New Yorkers who are of the 

 6    Hindu, the Jain, the Sikh and also the Buddhist 

 7    faith.  

 8                 So I want to thank Majority Leader 

 9    Stewart-Cousins for all of her support in this, 

10    as well as many of our colleagues here, and I 

11    proudly vote aye.

12                 Thank you, Mr. President.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Liu to be recorded in the affirmative.

15                 Senator Chu to explain her vote.

16                 SENATOR CHU:   Thank you, 

17    Mr. President, again for another reason I still 

18    keep my eyes open for these exciting bills.  

19                 Diwali means "world of light."  It's 

20    a holiday usually to celebrate for five days 

21    long.  That's where our people celebrate with 

22    great happiness and joy and symbolize the 

23    spiritual victory of light over darkness, good 

24    over evil, and knowledge over ignorance.  

25                 And majorly, usually there's three 


                                                               7151

 1    traditional ways to celebrate this holiday.  We 

 2    dress in colorful traditional clothing, we light 

 3    up the inside and outside of our homes with a row 

 4    of lights, and probably the last one is the most 

 5    universal celebration, is we celebrate with 

 6    fireworks.  

 7                 And with that, by passing this 

 8    bill -- sorry, late hours.  

 9                 Unfortunately for those holidays, 

10    those five days' celebration time, our students, 

11    they're not given any time off of the school to 

12    partake in the festival.  However, this bill will 

13    make Diwali a school holiday in New York City and 

14    send a message to our constituents that we 

15    recognize their celebration and encourage their 

16    traditions by allowing them to take home to focus 

17    on their religious obligations.  

18                 In my district this bill will allow 

19    my constituents the ability to participate in 

20    Diwali celebrations.  And I would like to thank 

21    Senator Addabbo for advancing this important 

22    representation in embracing our diversity.  And 

23    I'm a proud cosponsor of this bill.  

24                 For all these reasons, I vote aye.

25                 Thank you.


                                                               7152

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Chu to be recorded in the affirmative.

 3                 Announce the results.  

 4                 THE SECRETARY:   Ayes, 62.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1861, Senate Print Number 7571, by 

 9    Senator Scarcella-Spanton, an act in relation to 

10    authorizing the Silver Lake Foundation Inc. to 

11    receive retroactive real property tax exempt 

12    status.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Persaud to explain her vote.  

22                 Just kidding, Roxie.  

23                 Announce the results.  

24                 (Laughter.)

25                 THE SECRETARY:   In relation to 


                                                               7153

 1    Calendar Number 1861, voting in the negative:  

 2    Senator O'Mara.

 3                 Ayes, 61.  Nays, 1.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 Senator Gianaris, that completes the 

 7    reading of today's calendar.

 8                 SENATOR GIANARIS:   That was like 

 9    getting called on when you didn't do the reading 

10    for the day.

11                 (Laughter.)

12                 SENATOR GIANARIS:   Mr. President, I 

13    move to recommit the calendar of bills to the 

14    Rules Committee.  

15                 ACTING PRESIDENT BAILEY:   So 

16    ordered.

17                 SENATOR GIANARIS:   Please recognize 

18    Senator Ortt.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Ortt.

21                 SENATOR ORTT:   Thank you, 

22    Mr. President. 

23                 It is late, and I'd like to say I'll 

24    be brief, but that's a very subjective term.  So 

25    I'll be between Senator Liu and Senator Walczyk, 


                                                               7154

 1    somewhere in the middle there.

 2                 (Laughter.)

 3                 SENATOR ORTT:   You know, as a 

 4    leader, you know, whenever you do these closing 

 5    comments you think about things you're going to 

 6    say on behalf of your conference, you think about 

 7    things you should say.  And of course we always 

 8    do these at like 4:00 in the morning, right?  

 9    So -- and the truth is not only am I not at my 

10    best, it's 4:00 in the morning.  You really don't 

11    feel like doing all the comments you wrote at 

12    10 p.m.  So -- so that was the strategy.  Great 

13    job.  

14                 (Laughter.)

15                 SENATOR ORTT:   Great job.  

16                 But I just want to -- first of all, 

17    I want to thank -- I think the most important 

18    thing at the end of session is to thank everyone 

19    who helps make the New York State Senate run.  

20    Because there's a lot of folks who don't sit in 

21    these chairs, whose names are never on a ballot, 

22    whose names aren't in the newspaper, probably 

23    much to their appreciation.  But they make this 

24    place run on behalf of the 20 million people who 

25    live in New York State.  And they help us do what 


                                                               7155

 1    we have to do.  

 2                 So to all of the staff, both in this 

 3    room and out there, who help make us look as good 

 4    as we can be looked -- look as good as we can, 

 5    and who help us do our job, I just want to thank 

 6    the staff collectively, Republican and Democrat.  

 7    And I would like a round of applause for all of 

 8    them.

 9                 (Applause.)

10                 SENATOR ORTT:   No doubt on both 

11    sides -- and I'm sure Senator Stewart-Cousins 

12    will mention her staff.  I do want to thank our 

13    staff, our counsel staff, who's spent a lot of 

14    time working with our counterparts across the 

15    aisle to get bills in, to get changes made so 

16    that these bills can be put on the floor and 

17    hopefully put into law.  

18                 And it's a hard process even when we 

19    were in the majority.  You don't get all the 

20    bills you want.  Things happen.  The Assembly 

21    makes a change and screws them up or whatever, 

22    however it goes.  But it's tough.  

23                 But I want to thank our staff; 

24    again, counsel's office, for the work that they 

25    do working with Majority counsel's office to get 


                                                               7156

 1    these calendars in, make sure we have time to 

 2    brief.  Much of our staff is briefing these 

 3    bills.  Certainly in the Minority they're 

 4    briefing us at 1:00 in the morning, 2:00 in the 

 5    morning, they're briefing us on very little 

 6    sleep.  Even if they're briefing us at 10:00 in 

 7    the morning, they probably didn't sleep much the 

 8    night before as they were going through these 

 9    bills.  

10                 And all the great questions you 

11    heard, most of them were written by staff.  Not 

12    all of them, but a lot of them.  And so I want to 

13    thank our staff certainly for the work that they 

14    do.  

15                 I want to thank our members.  It is 

16    a privilege to serve in leadership in this body.  

17    It is certainly a privilege to be a conference 

18    leader.  And for me, to be chosen by your 

19    colleagues, by your peers to lead them -- I mean, 

20    we're all Senators.  And to be chosen by 

21    Senators -- I'm sure the Majority Leader feels 

22    exactly the same way -- it's really a very high 

23    honor.  

24                 And it is not always easy, but it is 

25    certainly an honor and pleasure.  And I want to 


                                                               7157

 1    thank my members for how you conducted yourselves 

 2    on the floor, for the debate, for the questions, 

 3    and for the job that you do.  

 4                 So I want to thank you, of course, 

 5    for letting me lead this conference.  It is one 

 6    of the great honors of my life, Mr. President, to 

 7    lead the Republican Conference here in the 

 8    State Senate.  

 9                 I want to thank the Majority Leader, 

10    Senator Stewart-Cousins, for her partnership, for 

11    her cooperation, for her understanding, and for 

12    the role she plays as the leader of the body but 

13    also the leader of her conference, and for 

14    working with me as we try to get through what we 

15    have to get through on behalf of the people of 

16    New York State.

17                 I want to thank Senator Gianaris for 

18    what he does here on the floor.  

19                 And of course I'd be remiss if I 

20    didn't thank my deputy leader, Senator Lanza.  

21    Senator Lanza, as you might know, doesn't really 

22    leave the chair a whole lot.  Now, I've told him 

23    he can leave to go to the bathroom, get something 

24    to eat, get away from Senator Gianaris for a few 

25    minutes -- 


                                                               7158

 1                 (Laughter.)

 2                 SENATOR ORTT:   -- whatever it is, 

 3    right?  But he really doesn't.  He sits here -- 

 4    and I came over here, he's got bottles of water.  

 5    It's like he's a hostage out here.  

 6                 (Laughter.)

 7                 SENATOR ORTT:   But he's -- he does 

 8    not like to leave because he takes his role, 

 9    being a floor leader, being that floor general, 

10    very seriously.

11                 And there's a lot of hours spent on 

12    this floor -- not just today, but the whole week 

13    and all session.  And certainly on behalf of our 

14    conference, I want to thank Senator Gianaris 

15    {sic} for your leadership here as well.

16                 (Applause.)

17                 SENATOR ORTT:   He thought he was 

18    going to be the most fashionable guy and he wore 

19    the seersucker suit, and then he saw 

20    Senator Walczyk and that was out the window, 

21    so --

22                 (Laughter.)

23                 SENATOR ORTT:   Very, very briefly, 

24    Mr. President.  

25                 Look, it's no surprise, it's been a 


                                                               7159

 1    long session, there's been a lot of twists and 

 2    turns this session from the judicial nominations 

 3    to the budget to -- you know, here we are today.  

 4    And it's probably no secret that our conference 

 5    feels very differently about a lot of 

 6    legislation -- not all of it.  Not all of it.  If 

 7    you've probably looked at the number of bills 

 8    that were passed, many of them were passed 

 9    overwhelmingly or unanimously.  

10                 But there's a lot of bills that our 

11    conference has very real disagreements about, and 

12    you say that in the debate.  And it's a 

13    philosophical difference.  I really believe at 

14    our core, and I think it was crystallized in the 

15    elections bill, the changing of the election.  

16    And I was thinking about, you know, what was I 

17    going to talk about, and I wanted to boil it down 

18    because it's late and I wanted to just get to the 

19    one bill.  But I think it crystallizes the 

20    difference between our conference and the 

21    Majority.  

22                 This is a conference that believes 

23    that the smaller the form of government, the 

24    better.  The bigger it gets, the worse it gets, 

25    the more divorced from the people.  So whether 


                                                               7160

 1    it's your village government, your city 

 2    government, your town government, your county 

 3    government, I firmly believe that that is the 

 4    level of government certainly that's closest to 

 5    the people and that produces the best result and 

 6    that ensures our principles, which are freedom, 

 7    public safety, affordability -- those are our 

 8    principles here in this conference.  

 9                 And generally speaking, when we talk 

10    about Albany, I don't believe in my time here, 

11    both Majority and Minority, I haven't seen a ton 

12    of solutions that came out of this place that 

13    made life infinitely better for people on the 

14    ground.  And certainly in Washington, D.C., I 

15    think we can all agree that's even more the case.  

16    Because you're just getting bigger.  

17                 And yet what we did with that 

18    bill -- and I know, we heard things like, you 

19    know, voter turnout.  And, you know, so obviously 

20    the argument being that we are against voter 

21    turnout, which means we must be against 

22    democracy.  That's -- nothing can be further from 

23    the truth.  

24                 I've watched over the past several 

25    years as this body has made several Election Law 


                                                               7161

 1    changes.  We have made it easier and easier and 

 2    easier to vote.  Or at least we've said that.  

 3    We've said we're making it easier to vote.  You 

 4    can vote early, you can vote absentee, you can 

 5    change your registration very close to the 

 6    Election Day.  You can register to vote very 

 7    close to the Election Day.  You can have an 

 8    absentee ballot that's not even postmarked.  

 9                 We've made many, many changes, all 

10    in the name of boosting voter turnout, making it 

11    easier to vote.  And yet still, apparently that's 

12    not enough.  So we've got to condense these 

13    elections.  

14                 I don't believe it's about turnout.  

15    I firmly believe it's about nationalizing 

16    elections.  That's what it's about.  And we know 

17    why.  We know why.  Senator -- the sponsor during 

18    the debate said, you know, turnout, what's the 

19    problem?  When you nationalize elections here in 

20    the State of New York, that is going -- if you 

21    look at the numbers, Republican voters turn out 

22    at a higher rate in midterm years.  They also 

23    turn out in the even years, but they turn out at 

24    a higher rate in midterm years.  Democrat voters 

25    tend to turn out big in national elections, 


                                                               7162

 1    predominantly presidential.  

 2                 Those are the numbers.  Despite all 

 3    the efforts we've made, those remain the numbers.  

 4    So what do we do?  Let's merge them.  That'll -- 

 5    that's the ticket.  We'll merge the elections, 

 6    and then hopefully that addresses the issue of 

 7    turnout.  But what it really does is it changes 

 8    the outcome in local elections.  And it 

 9    absolutely will drown out local government 

10    elections, campaigns and issues.  There's no way 

11    it doesn't.  There's no way it doesn't.  

12                 When you -- when your average 

13    constituent turns on their TV and watches CNN, 

14    MSNBC, Fox News, whatever it is, they're not 

15    talking about the town board or the county 

16    legislature, they're talking about the 

17    presidential politics, Washington, D.C.  That's 

18    true for most people.  That's the level of 

19    politics they know.  

20                 And we've seen the nationalization 

21    of politics due to social media and other reasons 

22    across the board.  I see people running for 

23    school board talking about the southern border.

24                 So we know what it's really about.  

25    And our conference stands opposed to that because 


                                                               7163

 1    we believe in the primacy of local government.  

 2    And they should have their own year to talk about 

 3    local issues.  And we see the results.  Democrats 

 4    vote for Republicans in those local years.  In 

 5    national years, Republicans vote for Democrats, 

 6    because the issues are different.  And that 

 7    separation is key, and it's always been that way.  

 8                 And it has worked because everyone 

 9    is -- even Senator Martins said everyone in my 

10    district's registered to vote that wants to vote, 

11    and they are free to vote.  We've made it easier 

12    for them to vote.  And that's not a bad thing.  

13    It's not a bad thing.  I served for a year in a 

14    country where they didn't have the right to vote, 

15    and it was only people with guns that allowed 

16    them to go vote.  So it is a good thing when 

17    people can turn out, and we should always 

18    encourage that.  

19                 But to drown out local election 

20    years, to essentially nullify the importance of 

21    local elections in the effort of partisan 

22    politics -- that's what this is.  And let's not 

23    pretend that partisan politics don't ever enter 

24    this august chamber, because they do.  They did 

25    before, and they do today, and they will in the 


                                                               7164

 1    future.  That's a reality.  The folks at home 

 2    watching, they're smart enough to know -- whether 

 3    it's 20 percent or 70 percent, they know that's 

 4    what's going on here.

 5                 So while we were disappointed with 

 6    that and other bills, certainly the Clean Slate 

 7    legislation and some others, I was proud of the 

 8    way this conference has conducted ourselves the 

 9    past week.  

10                 And I would just say this, because I 

11    noticed on the floor, you know, things get a 

12    little tense, Mr. President.  They get a little 

13    tense this time of year.  People are tired, we're 

14    up late.  But how we conduct ourselves I think is 

15    important.  And how we conduct ourselves when 

16    we're having passionate debates is important to 

17    me.  I know it's important to the 

18    Majority Leader, because I've talked to her and 

19    she's affirmed that.  And I know it's important 

20    to our conference.  

21                 And so I would just remind my 

22    colleagues across the aisle that we do have a 

23    different governing philosophy that is 

24    represented by our constituents.  We're not your 

25    bro, we're your colleagues.  We're not stupid, we 


                                                               7165

 1    have a different way that we think government 

 2    should be run.  

 3                 Mr. President, we sleep just fine at 

 4    night.  

 5                 Thank you for your indulgence.  I 

 6    want to thank the members.  God bless.

 7                 (Applause.)

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Gianaris.

10                 SENATOR GIANARIS:   Mr. President, 

11    please recognize Majority Leader Andrea 

12    Stewart-Cousins.

13                 ACTING PRESIDENT BAILEY:   The 

14    Majority Leader, Andrea Stewart-Cousins.  

15                 SENATOR STEWART-COUSINS:   Thank you 

16    so much.  

17                 And I'm not going to say I'm going 

18    to be brief, but I certainly will not bring this 

19    to an extraordinarily long end.  But there are 

20    thank-yous, there are sentiments that obviously 

21    need to be expressed.  

22                 But I think the sentiment overall is 

23    gratitude.  Gratitude, again, for the opportunity 

24    to be in these chambers.  Gratitude for the 

25    opportunity to share our opinions, to debate our 


                                                               7166

 1    philosophies, and to govern in a way that 

 2    reflects, yes, our districts and what we believe 

 3    is for the betterment of the state.

 4                 But as Senator Ortt said, none of 

 5    this happens without all of us working together.  

 6    And this is, in this night of gratitude, the time 

 7    where I too get a chance to thank all of the 

 8    people who make this work.  

 9                 And I of course want to say 

10    thank you to my deputy, the guy who keeps it 

11    moving, keeps the decorum.  He too is really not 

12    allowed to leave.  Every once in a while you do, 

13    and then you're like, okay, let me get back.  

14                 But I want to thank you, 

15    Senator Gianaris, for really helping to guide the 

16    ship and getting us to the end.  

17                 (Applause.)

18                 SENATOR STEWART-COUSINS:   I'm going 

19    to tell a secret.  He's going to be a daddy!  

20                 (Applause.)

21                 SENATOR STEWART-COUSINS:   Very 

22    exciting.  

23                 And of course your -- your 

24    counterpart, Senator Lanza.  We've been --

25                 (Laughter.)


                                                               7167

 1                 SENATOR STEWART-COUSINS:   You know, 

 2    I was going to -- you don't know what you did, do 

 3    you?

 4                 SENATOR LANZA:   I have that effect.

 5                 (Laughter.)

 6                 SENATOR STEWART-COUSINS:   Yeah.  

 7    No, no.  

 8                 (To Senator Ortt.)  You know, I 

 9    was -- because when you were thanking him, you 

10    actually said "Gianaris."  

11                 SENATOR ORTT:   No.

12                 SENATOR STEWART-COUSINS:   Yes, you 

13    did.  So I was going to do that.  You thanked 

14    him, and then you said -- but I knew we were -- 

15    so I will give you -- but thank you also, 

16    Senator Lanza, for what you do.

17                 (Applause.)

18                 SENATOR STEWART-COUSINS:   Senator 

19    Ortt, certainly it is a pleasure.  Even when you 

20    staged a mini-revolt.  Then we're like, okay, 

21    what's going on, you know.  But I found out.  

22    And, you know, we get to talk.  And then 

23    everybody comes back together and we eventually 

24    get to the end.  

25                 But it's good working with you, and 


                                                               7168

 1    I will always strive to keep the lines of 

 2    communication open.

 3                 Obviously I want to thank the 

 4    incredible staff on both sides of the aisle.  I 

 5    know my staff has really -- like you said, 

 6    there's been so many twists and turns, and so 

 7    it's been a perpetual going and going and going.  

 8    So I thank each and every one of you for really 

 9    creating an environment, no matter how bumpy or 

10    how uncertain, really just -- just even and 

11    really professional.  

12                 And again, I know we've been on the 

13    Minority side, and staff in the Minority work 

14    just as hard -- and sometimes even harder because 

15    you have to do a lot of catching up.  

16                 So again, thank you so much to the 

17    staff.  Thank you.

18                 (Applause.)

19                 SENATOR STEWART-COUSINS:   And when 

20    I talk about staff, I really have to shout out my 

21    senior staff, who really have just been 

22    incredible.  My counsel, Eric Katz.  

23                 (Applause.)

24                 SENATOR STEWART-COUSINS:   The money 

25    man, my Finance director, Dave Friedfel.  


                                                               7169

 1                 (Applause.)

 2                 SENATOR STEWART-COUSINS:   Mike 

 3    Murphy, communications director.  Where's Mike?  

 4    There he is.  

 5                 (Applause.)

 6                 SENATOR STEWART-COUSINS:   I want to 

 7    thank Jonathan Alvarenga, my director of 

 8    operations.  

 9                 (Applause.)

10                 SENATOR STEWART-COUSINS:   And all 

11    of my staff here in the Capitol, 907, in the 

12    district, just thank you so much.  I said I know 

13    you have to run a lot because of me.  

14                 And I also want to thank -- where's 

15    Alejandra, Alejandra Paulino, the Secretary of 

16    the Senate?  

17                 (Applause.)

18                 ACTING PRESIDENT BAILEY:   She 

19    thought of getting us all these cool bottles so 

20    that we will stay hydrated during the summer.  

21                 But thank you, Ale, for always 

22    making sure everything is, again, the way it 

23    should be.

24                 Also Big Ben, Ben Sturges.  

25                 (Applause.)


                                                               7170

 1                 SENATOR STEWART-COUSINS:   And all 

 2    the Sergeant-at-Arms who keep us safe.  

 3                 I think it's pretty clear that it 

 4    takes a village.  And every single one of you, 

 5    every single one of us plays an essential role in 

 6    this village.  

 7                 And of course I want to thank my 

 8    conference.  Every time I get an opportunity to 

 9    say, you know, how incredible you are -- and I 

10    look over there too, and I've got to look back 

11    there.  

12                 And thank you.  Thank you for 

13    never -- never being afraid to take on the hard 

14    fights, to do things that were never, ever 

15    entertained before in these chambers because so 

16    many -- so many of us were never in the chamber.  

17    But here we are.  And every day we prove to 

18    New York and to New Yorkers what leadership looks 

19    like.  

20                 I also want to thank my first ever, 

21    the first-ever class of all women freshmen 

22    Senators --

23                 (Applause.)

24                 SENATOR STEWART-COUSINS:   Never 

25    done.  Come on.  


                                                               7171

 1                 I was trying to get Patricia over, 

 2    but -- you know, Patricia, because you were alone 

 3    in the group.  I said, Come on over, but she 

 4    didn't.  She stayed.  (Laughing.)  

 5                 But I want to say to them that they 

 6    all brought such unique and diverse perspectives 

 7    to our body.  And you all have accomplished so 

 8    much in your very, very first year in Albany.

 9                 When I stood in front of the chamber 

10    at the beginning of the year, it was to lead 

11    New York State's first ever back-to-back 

12    supermajorities in state history.  Voters sent us 

13    here once again to continue addressing the most 

14    pressing issues of the day with the same level of 

15    tenacity and resolve that we've demonstrated 

16    since the beginning.  

17                 We were tasked with formulating 

18    timely solutions that not only alleviated the 

19    symptoms but rooted out the disease.  We spent 

20    this session fighting at every turn for the best 

21    interests of the people we represent, and 

22    certainly for middle- and working-class families.  

23    We opened strong pro-democracy, pro-choice 

24    legislation to counter national rollbacks.  

25                 We used our purse to craft a 


                                                               7172

 1    historic budget that funds resources and 

 2    opportunities from the middle out and from the 

 3    bottom up, creating a more affordable New York 

 4    for all.  And now we're closing with robust 

 5    policies that carry this year's momentum to 

 6    unlock our greatest potential for generations to 

 7    come.  

 8                 The rest of the nation looks to us 

 9    to set an example.  That's why the work we do 

10    here carries enormous weight, because the path we 

11    clear today will be the road that others will 

12    take tomorrow.

13                 As some seek to up-end the pillars 

14    of our democracy and claw at the heart of 

15    American values, New York continues to stand as a 

16    breakwater.  Per our tradition since taking the 

17    majority, we started this session by advancing a 

18    new spate of voting reforms and election 

19    protections that pay homage to the people who 

20    sent us here and ensure that they always have the 

21    final say in these halls of power.  We expanded 

22    ballot access, strengthened anti-suppression 

23    measures.  We took steps to join the ERIC 

24    database that will keep voter registration 

25    information up-to-date across state lines.  


                                                               7173

 1                 We also rejected the draconian 

 2    attacks on our reproductive freedoms by advancing 

 3    the second passage of the Equal Rights Amendment, 

 4    which codifies reproductive care and gender 

 5    equality in the State of New York.  

 6                 We further strengthened provider 

 7    protections, increased access to services, 

 8    solidifying New York as a destination state for 

 9    anyone in need of reproductive care.  

10                 And we held ourselves accountable by 

11    enacting much-needed judicial reforms, ensuring 

12    the arbiters of justice are beholden solely to 

13    the law.  

14                 Our state was founded by those 

15    fleeing oppression in search of the freedom we 

16    hold dear.  That's why we took proactive steps in 

17    this year's legislative budget to allocate 

18    $1.3 billion for asylum-seeker support, and we'll 

19    continue to work with our state and federal 

20    partners in addressing this situation with 

21    humanity and grace.

22                 We also passed the Coverage For All 

23    legislation that will help provide healthcare to 

24    immigrant brothers and sisters without burdening 

25    our state taxpayers.  


                                                               7174

 1                 New York will look to champion the 

 2    values we were built upon, but we can only do 

 3    that if our own foundation is rock-solid.  That 

 4    means continuing to make New York an affordable 

 5    state where families can settle down and raise 

 6    their children without being priced out of their 

 7    livelihoods.  This session we helped make that a 

 8    reality by raising the minimum wage and indexing 

 9    it to inflation to make it a true living wage.  

10                 We also continued supporting 

11    families by expanding the childcare tax credit 

12    eligibility to kids under five, because no parent 

13    should have to choose between raising their child 

14    and making a living.  

15                 We looked to make the everyday costs 

16    of living a lot cheaper by ratepayer protections, 

17    capping the price of insulin, prohibiting 

18    price-gouging of medicine, and this week passing 

19    the New York HEAT Act.  With these measures we're 

20    making it more economically possible to stay in 

21    the place you've always known, keeping New York's 

22    excellence right here at home.  

23                 Reinvesting in New York communities 

24    is fundamental to the continued growth and 

25    success of our state as a whole.  That's why, in 


                                                               7175

 1    addition to supporting households, we've also 

 2    taken steps to bolster local resources.  

 3                 We prioritized public transportation 

 4    and infrastructure by continuing to fund MTA 

 5    services that result in better service, including 

 6    a pilot program of five free buses throughout the 

 7    city boroughs.  

 8                 We implemented recommendations from 

 9    the Task Force on Limo Safety to make commercial 

10    rentals safer and more reliable.  We passed the 

11    first-ever railroad safety package in our state's 

12    history to prevent future calamities like the one 

13    in East Palestine, Ohio, from happening right 

14    here in New York.

15                 We always invest in the best when it 

16    comes to our communities by creating 

17    opportunities at every turn.  For many, it starts 

18    with education.  And that's why I'm so proud that 

19    this year, for the first time, we're fully 

20    funding Foundation Aid for our public schools, 

21    finally ensuring that no one is owed money and 

22    looking to make sure that no one is locked out of 

23    a brighter future because of the zip code they 

24    live in.  

25                 And we're guaranteeing that students 


                                                               7176

 1    will eat at least two free meals during the 

 2    school day.  In a world where many children 

 3    receive the majority of their nourishment at 

 4    school, this is important, it's imperative, and 

 5    it's groundbreaking.  

 6                 We halted any increases in state 

 7    tuition for SUNY and CUNY.  We continued our 

 8    investment in our public higher education system 

 9    by providing $3 billion in capital investments.  

10                 We know that in order for people to 

11    make good choices, they need to have good 

12    choices.  That's why we've strengthened 

13    after-school programming, expanded investments in 

14    activities dedicated to the arts and youth 

15    athletics.  And this week we passed a bill to 

16    enact the School Anti-Violence Education Act, 

17    aimed at reducing gun violence among children.  

18                 I remain a firm believer that public 

19    safety and justice reform can work together.  

20    This conference has never been a one-and-done 

21    shop.  So we clarified the bail law to ensure 

22    that it's working as intended by providing judges 

23    greater discretion, and put greater funding 

24    towards gun violence reduction and mental health 

25    treatment.  


                                                               7177

 1                 And we're prioritizing second 

 2    chances.  And I'm so proud that today we passed 

 3    Clean Slate, which will remove barriers that have 

 4    prevented too many from reintegrating into 

 5    society after they've fully paid their debt.  Now 

 6    we can tap into the talent and potential that has 

 7    been needlessly withheld from our communities due 

 8    to perpetual punishment.  

 9                 In the same effort, we passed the 

10    landmark Wrongful Convictions Act, which grants 

11    citizens a meaningful review of their case to 

12    redress wrongful convictions, even in guilty 

13    pleas.  

14                 We've also begun the process to 

15    fully outlaw forced labor as a punishment for 

16    crime, the well-known 13th Amendment loophole 

17    that has allowed legal slavery to flourish 

18    throughout U.S. prisons.  Our bill, "No Slavery 

19    in New York," is a monumental step towards 

20    stamping out our nation's original sin and 

21    accounting for the ways it still permeates our 

22    everyday lives.  

23                 Our conference is committed to 

24    correcting the mistakes of the past so they are 

25    no longer the playbook of the future.  That's 


                                                               7178

 1    also why we're finally advancing the 

 2    Commission on Reparations, which will be tasked 

 3    with studying the effects on how New York's 

 4    status as an economic and cultural hub of the 

 5    world has in many ways been built and shaped by 

 6    slavery, and how we as a state, as a nation, can 

 7    atone for the generational trauma that's 

 8    incurred.

 9                 These are crucial steps towards 

10    building a strong and more equitable New York.  

11    But as I so often say, we can't reap the true 

12    reward of these efforts if the earth is 

13    uninhabitable.  Just this week New York was the 

14    center of the world's attention as we led the 

15    planet in the worst air quality by hundreds of 

16    points, shattering all records since the EPA 

17    first started keeping track, as a result of the 

18    Canadian wildfires.  

19                 We often hear the refrain "It will 

20    never happen in New York."  But we as leaders 

21    know better.  Whether it be reproductive freedom, 

22    gun control, climate action, we see now that the 

23    only guaranteed protections are the ones that we 

24    secure for ourselves.  The stakes have never been 

25    higher.  That's why I'm not only so proud of this 


                                                               7179

 1    nation-leading climate action we've enacted in 

 2    the past, but of our continued efforts to make 

 3    good on climate promises in the CLCPA while 

 4    reversing the damage that's been done.  Because 

 5    we no longer have to imagine how bad the 

 6    alternatives can be.  

 7                 We finished the session strong in 

 8    our commitment by getting the Build Public 

 9    Renewables Act done and passing the 

10    Climate Superfund Act, which requires our biggest 

11    polluters to pay up on the costs of adapting to 

12    climate change.  It also has the teeth necessary 

13    to ensure our clean, green infrastructure of the 

14    future is union-made right here in America.  

15                 That's what our conference is all 

16    about:  Implementing ground-up reforms that not 

17    only target the urgent needs of our citizens and 

18    our state, but do so in a way that generates 

19    growth and prosperity throughout all levels of 

20    society.

21                 The challenges we face are really 

22    opportunities lying in wait.  As this 

23    deliberative body passes common-sense solutions, 

24    we're writing the blueprint for our greatest 

25    potential yet.  So as you return to your 


                                                               7180

 1    districts to meet with your hardworking families 

 2    and the community, all the people who you 

 3    represent, I invite you to consider the ways our 

 4    work here will change their circumstances for the 

 5    better, and to feel proud of what we've 

 6    accomplished on behalf of New Yorkers.

 7                 I want to thank you all for another 

 8    incredible, memorable and historic year.  And 

 9    when you go back to meet all your hardworking 

10    constituents, don't forget to hang out a little 

11    bit with the people you actually know, love and 

12    that have missed you for so long as you come up 

13    here away from your families.  

14                 Have some time, enjoy yourself.  

15    Replenish.  Travel a little bit.  Stay safe.  And 

16    I will see you back, happy and healthy, in 2024.  

17                 God bless.  Thank you.

18                 (Extended standing ovation.)

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Gianaris.

21                 SENATOR GIANARIS:   Mr. President, 

22    is there any further business at the desk?

23                 ACTING PRESIDENT BAILEY:   There is 

24    no further business at the desk.  

25                 (Laughter.)


                                                               7181

 1                 SENATOR GIANARIS:   I move to 

 2    adjourn to a date and time at the call of the 

 3    Temporary President of the Senate, with 

 4    intervening days being legislative days.

 5                 ACTING PRESIDENT BAILEY:   On 

 6    motion, the Senate stands adjourned until a date 

 7    and time at the call of the Temporary President 

 8    of the Senate, intervening days being 

 9    legislative. 

10                 (Cheers; applause.)

11                 (Whereupon, at 3:27 a.m., the Senate 

12    adjourned.)

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