Regular Session - May 13, 2024

                                                                   3757

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 13, 2024

11                      3:20 p.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  


                                                               3758

 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 to please rise and 

 5    recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT MAYER:   In the 

 9    absence of clergy, let us have a moment of 

10    silence to honor the memory of Angie Gigliotti, 

11    who many of us knew, who worked at Prime in the 

12    Concourse for many years and was really a symbol 

13    of the force and the strength of this Albany 

14    capital that we reside in.  

15                 (Whereupon, the assemblage respected 

16    a moment of silence.)

17                 ACTING PRESIDENT MAYER:   Reading of 

18    the Journal.

19                 THE SECRETARY:   In Senate, Sunday, 

20    May 12, 2024, the Senate met pursuant to 

21    adjournment.  The Journal of Saturday, May 11, 

22    2024, was read and approved.  On motion, the 

23    Senate adjourned.

24                 ACTING PRESIDENT MAYER:   Without 

25    objection, the Journal stands approved as read.


                                                               3759

 1                 Presentation of petitions.

 2                 Messages from the Assembly.

 3                 Messages from the Governor.

 4                 Reports of standing committees.

 5                 Reports of select committees.

 6                 Communications and reports from 

 7    state officers.

 8                 Motions and resolutions.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Good afternoon, 

11    Madam President.  

12                 By agreement, I wish to call up the 

13    following bills, which were recalled from the 

14    Assembly and are now at the desk:  Senate 3283 

15    and Senate 1198.

16                 ACTING PRESIDENT MAYER:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    166, Senate Print 3283, by Senator Rivera, an act 

20    to amend the Public Health Law.

21                 Calendar Number 686, Senate Print 

22    1198, by Senator Rivera, an act to amend the 

23    Public Health Law.

24                 SENATOR GIANARIS:   Move to 

25    reconsider the vote by which these bills were 


                                                               3760

 1    passed.

 2                 ACTING PRESIDENT MAYER:   The 

 3    Secretary will call the roll on reconsideration.

 4                 (The Secretary called the roll.)

 5                 THE SECRETARY:   Ayes, 55.  

 6                 ACTING PRESIDENT MAYER:   The bills 

 7    are restored to their place on the Third Reading 

 8    Calendar.

 9                 SENATOR GIANARIS:   I offer the 

10    following amendments.

11                 ACTING PRESIDENT MAYER:   The 

12    amendments are received.

13                 SENATOR GIANARIS:   Amendments are 

14    offered to the following Third Reading Calendar 

15    bills:  

16                 By Senator Brouk, on page 14, 

17    Calendar Number 146, Senate Print 4667; 

18                 Senator Ramos, page 15, 

19    Calendar Number 211, Senate Print 4924; 

20                 Senator Salazar, page 39, 

21    Calendar Number 683, Senate Print 7607A;

22                 Senator Ryan, page 40, 

23    Calendar Number 713, Senate Print 139B; 

24                 Senator Breslin, page 51, 

25    Calendar Number 879, Senate Print 5242; 


                                                               3761

 1                 And Senator Skoufis, page 55, 

 2    Calendar Number 920, Senate Print 5536A. 

 3                 ACTING PRESIDENT MAYER:   The 

 4    amendments are received, and the bills will 

 5    retain their place on the Third Reading Calendar.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Madam President, 

 8    we have a very special guest with us today, 

 9    especially for those of us who are not Yankees 

10    fans.

11                 (Laughter.)

12                 SENATOR GIANARIS:   Please call up 

13    previously adopted Resolution 2353, by 

14    Senator Sepúlveda, read its title and recognize 

15    Senator Sepúlveda.

16                 ACTING PRESIDENT MAYER:   The 

17    Secretary will read.

18                 THE SECRETARY:   Resolution 2353, by 

19    Senator Sepúlveda, honoring David Ortiz, "Big 

20    Papi," for his contributions to baseball, in 

21    conjunction with the 20th Anniversary of the 

22    2004 World Series.

23                 ACTING PRESIDENT MAYER:   Senator 

24    Sepúlveda on the resolution.

25                 SENATOR SEPÚLVEDA:   Thank you, 


                                                               3762

 1    Madam President, for allowing me to present this 

 2    resolution.  

 3                 For those of you who are Yankee 

 4    fans, like me, bear with me.  You can forgive me 

 5    later on.  But "Big Papi" is a name, David Ortiz 

 6    is a name that is internationally known for his 

 7    works besides baseball, some of the great things 

 8    that he's doing since his retirement.  

 9                 Today we honor this figure, 

10    David Ortiz, universally known as "Big Papi."  

11    Our resolution celebrates his monumental 

12    contributions to baseball, his profound 

13    philanthropic efforts, and the 20th anniversary 

14    of the 2004 World Series.  

15                 Beyond his iconic sports career, 

16    David's unwavering dedication is evident through 

17    his work with the David Ortiz, Jr., Children's 

18    Fund, partnering with CEDIMAT Hospital in the 

19    Dominican Republic, and provides lifesaving 

20    cardiac care to children, highlighting his 

21    commitment to health and well-being across our 

22    borders.  

23                 David's impact extends deeply into 

24    our community through his participation in 

25    numerous charity events enhancing the lives of 


                                                               3763

 1    kids here in New York.  His final tour at 

 2    Yankee Stadium, met with heartfelt respect and 

 3    admiration, solidified his status not only as a 

 4    sports icon but as a beloved humanitarian and a 

 5    distinguished member of the Hall of Fame.  

 6                 His efforts have inspired countless 

 7    individuals and have had a tangible positive 

 8    impact on the lives of children both in New York, 

 9    in Boston, and in the Dominican Republic.  

10                 In celebrating David today, we 

11    recognize not just a sports hero but a man whose 

12    Hall of Fame legacy of compassion and dedication 

13    will resonate for generations.  

14                 Thank you, "Big Papi," for your 

15    indelible mark on our hearts and our communities.

16                 {Remarks repeated in Spanish as 

17    follows:  Señora Presidenta, distinguidos colegas 

18    e invitados de honor, hoy honramos a una figura 

19    legendaria, el señor David Ortiz, conocido 

20    universalmente como "Big Papi."  

21                 La Resolución del Senado No. 2353 

22    celebra sus monumentales contribuciones al 

23    béisbol, sus profundos esfuerzos filantrópicos y 

24    el 20th aniversario de la Serie Mundial de 2004. 

25                 Más allá de su ¡cónica carrera 


                                                               3764

 1    deportiva, la dedicación inquebrantable de David 

 2    es evidente a través de su trabajo con el Fondo 

 3    Infantil David Ortiz, asociándose con el Hospital 

 4    CEDIMAT en la República Dominicana para 

 5    proporcionar atención cardíaca vital a niños, 

 6    destacando su compromiso con la salud y el 

 7    bienestar más allá de las fronteras. 

 8                 El impacto de David se extiende 

 9    profundamente en nuestra comunidad a través de su 

10    participación en numerosos eventos benéficos, 

11    mejorando las vidas de los jóvenes de Nueva York. 

12    Su última gira en el Yankee Stadium, recibida con 

13    un respeto y una admiración sinceros, consolidó 

14    su estatus no solo como un icono deportivo, sino 

15    también como un querido humanitario y un 

16    distinguido miembro del Salón de la Fama del 

17    Béisbol. 

18                 Sus esfuerzos han inspirado a 

19    innumerables individuos y han tenido un impacto 

20    positivo y tangible en la vida de los niños tanto 

21    en Nueva York como en la República Dominicana.  

22                 Al celebrar a David Ortiz hoy, 

23    reconocemos no solo a un héroe deportivo, sino a 

24    un hombre cuyo legado del Salón de la Fama de 

25    compasión y dedicación resonará por generaciones. 


                                                               3765

 1                 Gracias, Big Papi, por tu huella 

 2    indeleble en nuestros corazones y nuestras 

 3    comunidades.)

 4                 Thank you.

 5                 ACTING PRESIDENT MAYER:   Thank you, 

 6    Senator Sepúlveda.

 7                 Senator Bailey on the resolution.

 8                 SENATOR BAILEY:   Thank you, 

 9    Madam President.  

10                 I am not a Yankee fan, although I am 

11    from the Bronx.  I am a New York Mets fan.  And 

12    so in 2004 I was able to observe the World Series 

13    as a baseball fan, not rooting for one side or 

14    another.  And I was able to watch the magic 

15    happen, the magic happen by that band of what 

16    they called themselves -- not my words, they 

17    called themselves idiots.

18                 (Laughter.)

19                 SENATOR BAILEY:   But they weren't 

20    idiots.  They were, quite frankly, one of the 

21    greatest teams that we've seen, if we're being 

22    objective about it -- Yankee fans, I'm sorry -- 

23    one of the greatest teams that we've seen win a 

24    World Series, because they were the essence of 

25    what a team was.  


                                                               3766

 1                 You had good pitching that rose to 

 2    the level of greatness.  You had great hitting 

 3    that rose to the level of stupendous.  And you 

 4    had the glue, which is David Ortiz, "Big Papi."  

 5    The only guy that you could ever in the hood call 

 6    "Big Papi" is David Ortiz.  

 7                 (Laughter.)

 8                 SENATOR BAILEY:   And it shows you 

 9    that in sports, much like life, being a team 

10    sport, you need to have certain people that 

11    galvanize your clubhouse and also your community.  

12                 And so the 63 of us -- 62 now that 

13    Tim's not here -- 62 of us now in this chamber, 

14    we are all galvanizing forces for our 

15    communities, so we can understand when we see one 

16    in our chamber.  And that is David Ortiz, who 

17    from what you've -- what's been read off and what 

18    you've seen, is a better person than he was a 

19    Hall of Fame baseball player.  And I will say 

20    that the Minnesota Twins fumbled the bag when 

21    they let him go.  

22                 (Laughter.)

23                 SENATOR BAILEY:   I'm a baseball 

24    fan, right?  So like I've watched his career.  

25    And to be in the midst of a Hall of Famer, a true 


                                                               3767

 1    legend on and off the field, is a true honor for 

 2    me.  

 3                 Thank you, David Ortiz, for all the 

 4    work that you do.  

 5                 Thank you -- I vote aye, 

 6    Madam President.  Thank you, Senator Sepúlveda, 

 7    for the resolution.

 8                 ACTING PRESIDENT MAYER:   Thank you, 

 9    Senator Bailey.

10                 Senator May on the resolution.

11                 SENATOR MAY:   Thank you, 

12    Mr. President.  

13                 I grew up in Boston in the fifties, 

14    sixties and seventies, when World Series titles 

15    were painfully elusive to the Red Sox.  And so 

16    it's been wonderful, even though I don't live 

17    there anymore, to see some of the amazing things 

18    that have happened with the Red Sox.  

19                 And you are such hero to all of us 

20    Red Sox fans.  So thank you for being here, and 

21    for all the good work that you've done.

22                 ACTING PRESIDENT MAYER:   Thank you, 

23    Senator May.

24                 To our guest, Mr. David "Big Papi" 

25    Ortiz -- 


                                                               3768

 1                 (Laughter.)

 2                 ACTING PRESIDENT MAYER:   -- we 

 3    welcome you on behalf of the Senate.  We extend 

 4    to you the privileges and courtesies of the 

 5    house.  

 6                 Please rise and be recognized.

 7                 (Standing ovation.)

 8                 ACTING PRESIDENT MAYER:   The 

 9    resolution was previously adopted on April 7th.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Thank you, 

12    Madam President.  

13                 Next up is previously adopted 

14    Resolution 2027, by Senator Tedisco.  Please read 

15    its title and recognize Senator Tedisco.

16                 ACTING PRESIDENT MAYER:   The 

17    Secretary will read.

18                 And can we try to have some quiet.

19                 THE SECRETARY:   Resolution 2027, by 

20    Senator Tedisco, congratulating the Stillwater 

21    High School Varsity Boys Basketball Team upon the 

22    occasion of capturing the New York State Public 

23    High School Athletic Association Boys Basketball 

24    Class B Championship on March 15, 2024.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               3769

 1    Tedisco on the resolution.

 2                 SENATOR TEDISCO:   Madam President, 

 3    I guess this is "Outstanding Athletes Day" today 

 4    in the New York Senate chambers.  

 5                 I'm pleased to welcome the New York 

 6    State Class B Boys Basketball Champions to the 

 7    chamber today, the Warriors of Stillwater High 

 8    School.  Stillwater defeated Marcellus High 

 9    School in a hard-fought 59-50 victory to win 

10    their second championship in program history on 

11    Friday, March 15, 2024, at the Cool Insuring 

12    Arena in Glens Falls, New York.  

13                 Prior to their success at that 

14    level, this outstanding -- these outstanding 

15    young men won the Waseran League with a 16-0 

16    record and finished the season with an 

17    outstanding overall record of 27 wins and only 

18    one loss.

19                 The Warriors were also recognized 

20    for their great academic achievements as a 

21    New York State Public High School Athletic 

22    Association Scholar Athlete Team, garnering an 

23    overall team grade point average of above 

24    90 percent.

25                 It is said that the success of any 


                                                               3770

 1    team starts with leadership.  And their coaches 

 2    worked tirelessly to make this group collectively 

 3    greater than the sum of its parts.  And although 

 4    they are not present today, the administration, 

 5    board, and faculty of Stillwater School District 

 6    are second to none and no doubt had a hand in 

 7    this team's success.  

 8                 Please welcome these members and 

 9    their coaches:  Members Lukas Lilac, 

10    Carter Wichelns, Thomas McDonough, Shea Brown, 

11    Kaelan Leak, Brody Burdo, Mason Wagner, 

12    Jack Stewart, Jay Gannon, Jacob Niznik, 

13    Jaxon Mueller, James Cocozzo, Landon Staie, and 

14    Matt Lutz; their Head Coach, Bruce Lilac; and 

15    Assistant Coaches Dave Cook, Craig Burdo and 

16    Pete D'Aloia.  

17                 Madam President, please extend a 

18    warm welcome to these outstanding student 

19    athletes and coaches and give them all the 

20    cordialities of this august chamber.

21                 ACTING PRESIDENT MAYER:   Thank you.  

22                 To our guests, the winning team from 

23    Stillwater High School and their coaches, we 

24    welcome you on behalf of the Senate.  We extend 

25    to you the privileges and courtesies of the 


                                                               3771

 1    house.  

 2                 Please rise and be recognized.

 3                 (Standing ovation.)

 4                 ACTING PRESIDENT MAYER:   The 

 5    resolution was previously adopted on March 26th.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Next is 

 8    previously adopted Resolution 1983, by 

 9    Senator Thomas.  Please read its title and 

10    recognize Senator Thomas.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will read.

13                 THE SECRETARY:   Resolution 1983, by 

14    Senator Thomas, honoring Dr. Kishore Kuncham upon 

15    the occasion of his retirement after 30 years of  

16    distinguished service to the Freeport School 

17    District.  

18                 ACTING PRESIDENT MAYER:   Senator 

19    Thomas on the resolution.

20                 SENATOR THOMAS:   Thank you, 

21    Madam President.  

22                 It's a bit hard to rise right after 

23    "Big Papi" from the Bronx, you know, who decided 

24    to come to our chambers today.

25                 But we've got a "Big Papi" at the 


                                                               3772

 1    Freeport School District here, Dr. Kishore 

 2    Kuncham.  He is here with us today after 30 years 

 3    of distinguished service to the Freeport School 

 4    District.  

 5                 For the past three decades, 

 6    Dr. Kuncham has served Freeport schools with 

 7    integrity, compassion and unwavering dedication 

 8    to his students.  Under his guidance, Freeport 

 9    schools have flourished and achieved 

10    unprecedented success in academics, arts, 

11    athletics and beyond.

12                 His vision and innovation gave 

13    students unique opportunities for growth, 

14    exploration, and discovery with a "whole child" 

15    approach to learning policy.  Dr. Kuncham 

16    empowered students of all ages to excel 

17    academically, but also focused on fostering their 

18    social, emotional and physical well-being.  He 

19    made sure that every student had the tools they 

20    needed to succeed in an ever-changing world in 

21    unique ways.

22                 As an advocate for more health and 

23    wellness in classrooms, he introduced the daily 

24    practice of mindfulness, yoga and guided 

25    breathing.  And he brought his deep passion for 


                                                               3773

 1    peace and humanitarianism to our community with 

 2    the annual peace concerts, peace marches, and an 

 3    unprecedented 131-mile Peace Walk hosted by the 

 4    school district.

 5                 Dr. Kuncham's journey is not only 

 6    one of professional achievement but is also a 

 7    testament to the power of passion and 

 8    perseverance.  He will be remembered as a 

 9    trailblazing spirit whose unwavering commitment 

10    to excellence can be felt for generations to 

11    come.

12                 From humble beginnings to his ascent 

13    as a respected figure in education, his story 

14    resonates deeply with all of us, and especially 

15    with me.  As the first Indian American State 

16    Senator, it is both an honor and privilege to 

17    have this opportunity to pay tribute to the 

18    remarkable career of Freeport schools' first 

19    Indian American school superintendent.  His 

20    success demonstrates the resilience and 

21    determination of the Indian American community.

22                 So thank you, Dr. Kuncham, for your 

23    service to our children, your unwavering 

24    leadership, and the profound impact you've had on 

25    the Freeport community.  You will be deeply 


                                                               3774

 1    missed, but your legacy will surely endure.  

 2                 Congratulations and best wishes for 

 3    a well-deserved retirement.

 4                 ACTING PRESIDENT MAYER:   Thank you, 

 5    Senator Thomas.

 6                 To our guest, Dr. Kishore Kuncham, 

 7    we welcome you on behalf of the Senate.  We 

 8    extend to you the privileges and courtesies of 

 9    the house.  

10                 Please rise and be recognized.

11                 (Standing ovation.)

12                 ACTING PRESIDENT MAYER:   The 

13    resolution was previously adopted on March 19th.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Next up is 

16    previously adopted Resolution 2352, by 

17    Senator Helming.  Please read that resolution's 

18    title and recognize Senator Helming.

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will read.

21                 THE SECRETARY:   Resolution 2352, by 

22    Senator Helming, congratulating the Finger Lakes 

23    Community College Men's Volleyball Team upon the 

24    occasion of capturing the 2024 National 

25    Junior College Athletic Association Men's 


                                                               3775

 1    Volleyball National Invitational Title.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Helming on the resolution.

 4                 SENATOR HELMING:   Thank you, 

 5    Madam President.  

 6                 I agree that we have many, many 

 7    great people who have joined the chamber today.  

 8    And it is truly an honor and privilege to welcome 

 9    the Finger Lakes Community College Men's 

10    Volleyball Team to our chamber.

11                 This team made history last month by 

12    claiming their second consecutive National 

13    Junior College Athletic Association Volleyball 

14    Championship.  The Lakers secured the 

15    championship after a 3-1 defeat over the 

16    Monroe College Mustangs from New Rochelle.

17                 This series was an exciting rematch 

18    of the Lakers and Mustangs inaugural 2023 

19    national championship.  As you can imagine, the 

20    Mustangs came out looking to strip the title from 

21    the Lakers.  And during the first set, which the 

22    Mustangs won, it looked like they could possibly 

23    do just that.  

24                 But the Lakers, under the leadership 

25    of Coach Steven Verbridge, pulled together as a 


                                                               3776

 1    team, winning the following three sets and 

 2    returning the championship trophy to the 

 3    Finger Lakes Community College campus.

 4                 This victory sealed the deal on a 

 5    remarkable season for the Lakers, who finished 

 6    with an impressive 33 and 3 record.

 7                 First-year Head Coach Steven 

 8    Verbridge was named Men's Volleyball Coach of the 

 9    Year, and Nick Ferris the Most Valuable Player.

10                 During the season and the 

11    championship playoffs, Coach Verbridge and 

12    Assistant Coach Daina Marsh stressed teamwork, 

13    and they taught the team important lessons that 

14    can be applied not only on the court, but in life 

15    as well -- how to face adversity and channel 

16    challenges into the motivation necessary to 

17    achieve your goals.

18                 To Dan, AJ, Bryce C., Ian, Nate, 

19    Devin, Sam, Evan, Bryce Nickson, Nehemiah, Aaron, 

20    Alex, Nick, Marc, Garyson and Jarett, 

21    congratulations.  You have learned lessons from 

22    your experience that will help you, as I said, 

23    both on and off the court, and you have 

24    demonstrated to all of us that you have the 

25    commitment and dedication necessary to achieve 


                                                               3777

 1    your goals.

 2                 Again, congratulations to you, 

 3    congratulations to Coach Verbridge and 

 4    Assistant Coach Marsh.  

 5                 To the returning players, I sure 

 6    hope to see you again next year.  To the 

 7    sophomores who are going on, we wish you all the 

 8    best with your future endeavors.  

 9                 Congratulations to all of you.

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator Helming.

12                 To our guests, the winning 

13    Finger Lakes Community College Men's Volleyball 

14    Team, even though you defeated a team from my 

15    district -- 

16                 (Laughter.)

17                 ACTING PRESIDENT MAYER:   -- we 

18    welcome you on behalf of the Senate.  We extend 

19    to you cordialities of the house.

20                 Please rise and be recognized.

21                 (Standing ovation.)

22                 ACTING PRESIDENT MAYER:   The 

23    resolution was previously adopted on May 7th.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   And now 


                                                               3778

 1    previously adopted Resolution 2301, by 

 2    Senator Canzoneri-Fitzpatrick, read its title and 

 3    recognize Senator Canzoneri-Fitzpatrick.

 4                 ACTING PRESIDENT MAYER:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Resolution 2301, by 

 7    Senator Canzoneri-Fitzpatrick, honoring 

 8    Sir Dr. David Goldberg upon the occasion of being 

 9    knighted by the renowned Parte Guelfa in 

10    Florence, Italy.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Canzoneri-Fitzpatrick on the resolution.

13                 SENATOR CANZONERI-FITZPATRICK:   

14    Thank you, Madam President.  

15                 Today it is my honor to recognize 

16    the accomplishments of one of my constituents of 

17    the Ninth Senate District, Dr. David Goldberg, or 

18    I should say Sir Dr. David Goldberg, who is 

19    visiting us from Long Beach, New York. 

20                 Dr. Goldberg was recently knighted 

21    by Parte Guelfa in Florence, Italy, which is a 

22    knighthood organization with nearly 800 years of 

23    unbroken history dating back to the 13th century, 

24    and which recognizes individuals who are making 

25    significant contributions to humanity.


                                                               3779

 1                 Dr. Goldberg was knighted in 

 2    recognition of his public service after being 

 3    nominated by a friend who is also a knight, 

 4    Malachi Halliday, of Dubai.  He was included this 

 5    past fall in a two-day ceremony with other 

 6    inductees -- including a former prime minister of 

 7    Lebanon, an ambassador, and a spiritual advisor 

 8    to the pope -- in a ceremony that included a 

 9    march through the streets of Florence and being 

10    recognized in the Palazzo di Parte Guelfa.  

11                 In addition to teaching social 

12    studies at Calhoun High School, Dr. Goldberg 

13    teaches Voices of the Past, a joint venture 

14    between the English and Social Studies 

15    departments, and he is also on the board of 

16    NGO Sustainability, a nonprofit organization that 

17    promotes sustainable development and renewable 

18    energy.  And he also consults -- and this group 

19    also consults with the United Nations.  

20                 He is on the President's Leadership 

21    Council at Search for Common Ground, serves as a 

22    board vice president of Peace Education 

23    Initiative Rwanda, and is on the National 

24    Advisory Council at the Center for 

25    Civic Education.


                                                               3780

 1                 Sir Dr. Goldberg, it is my distinct 

 2    honor to congratulate you on this distinguished 

 3    award and thank you for joining us today, and for 

 4    your commitment to your responsibilities as a 

 5    knight and to continue your efforts that make a 

 6    difference in our society.

 7                 Madam President, I ask that you 

 8    welcome Dr. David Goldberg and extend to him the 

 9    privileges and courtesies of this house.

10                 Thank you.

11                 ACTING PRESIDENT MAYER:   Thank you, 

12    Senator Canzoneri-Fitzpatrick.

13                 To you, Sir Dr. David Goldberg, we 

14    welcome you to the Senate.  We extend to you the 

15    privileges and courtesies of the house.  

16                 Please rise and be recognized.

17                 (Standing ovation.)

18                 ACTING PRESIDENT MAYER:   The 

19    resolution was previously adopted on May 7th.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Madam President, 

22    at the request of the sponsors, the resolutions 

23    are open for cosponsorship.  And I expect the 

24    Yankee fans to all go to the desk and take their 

25    names off of the David Ortiz resolution.


                                                               3781

 1                 (Laughter.)

 2                 ACTING PRESIDENT MAYER:   The 

 3    resolutions are open for cosponsorship.  Should 

 4    you choose not to be a cosponsor, please notify 

 5    the desk.

 6                 Senator Gianaris.  

 7                 SENATOR GIANARIS:   Please take up 

 8    the calendar.  

 9                 ACTING PRESIDENT MAYER:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    269, Senate Print 3141A, by Senator Mannion, an 

13    act to amend the Private Housing Finance Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               3782

 1                 THE SECRETARY:   Calendar Number 

 2    300, Senate Print 509A, by Senator Thomas, an act 

 3    to amend the Administrative Code of the City of 

 4    New York.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 300, those Senators voting in the 

17    negative are Senators Felder, Lanza and 

18    Oberacker.  Also Senator O'Mara.

19                 Ayes, 57.  Nays, 4.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    622, Senate Print 609, by Senator Hoylman-Sigal, 

24    an act to amend the Election Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               3783

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 61.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    630, Senate Print 6933A, by Senator Webb, an act 

14    to amend the Election Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 630, those Senators voting in the 


                                                               3784

 1    negative are Senators Borrello, 

 2    Canzoneri-Fitzpatrick, Martins and Rhoads.

 3                 Ayes, 57.  Nays, 4.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    699, Senate Print 99A, by Senator Gounardes, an 

 8    act to amend the Labor Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    shall have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 699, those Senators voting in the 

21    negative are Senators Ashby, Borrello, 

22    Canzoneri-Fitzpatrick, Gallivan, Helming, Lanza, 

23    Martins, Murray, Oberacker, O'Mara, Ortt, 

24    Palumbo, Rhoads, Stec, Tedisco, Weber and Weik.  

25                 Ayes, 44.  Nays, 17.


                                                               3785

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    761, Senate Print 4187, by Senator Lanza, an act 

 5    to amend the Highway Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 8.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 761, voting in the negative:  

17    Senator Brisport.

18                 Ayes, 60.  Nays, 1.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    826, Senate Print 7353A, by Senator Brisport, an 

23    act to amend the Education Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               3786

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Brisport to explain his vote.

 8                 SENATOR BRISPORT:   Thank you, 

 9    Madam President.

10                 You know, education is one of the 

11    best tools we have to fight against recidivism of 

12    youth that end up caught up in the system, and 

13    one of the best tools we can give them to 

14    guarantee them a brighter future.  

15                 This bill makes it easier to make 

16    sure that they are guaranteed the right to 

17    education that they have even when they're when 

18    caught up in the system.  

19                 So I thank you, and I thank our 

20    Majority Leader for bringing it to the floor 

21    today.  I vote aye.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Brisport to be recorded in the affirmative.

24                 Announce the results.

25                 THE SECRETARY:   In relation to 


                                                               3787

 1    Calendar 826, voting in the negative:  

 2    Senator Martinez.

 3                 Ayes, 60.  Nays, 1.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    898, Senate Print 8708, by Senator Rhoads, an act 

 8    in relation to authorizing the John Theissen 

 9    Children Foundation, Inc., to receive retroactive 

10    real property tax exempt status.

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:   In relation to 

21    Calendar 898, voting in the negative:  

22    Senator O'Mara.

23                 Ayes, 60.  Nays, 1.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               3788

 1                 THE SECRETARY:   Calendar Number 

 2    901, Senate Print 136, by Senator Krueger, an act 

 3    to amend the Election Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 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 901, those Senators voting in the 

15    negative are Senators Ashby, Borrello, Gallivan, 

16    Griffo, Helming, Lanza, Murray, Oberacker, 

17    O'Mara, Ortt, Stec, Tedisco, Weber and Weik.

18                 Ayes, 47.  Nays, 14.

19                 ACTING PRESIDENT MAYER:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    902, Senate Print 224, by Senator Myrie, an act 

23    to amend the Tax Law.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               3789

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 61.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    903, Senate Print 239E, by Senator May, an act in 

13    relation to enacting the New York Open Water Data 

14    Act.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 5.  This 

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

19    shall have become a law.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               3790

 1    Calendar 903, voting in the negative are 

 2    Senators Griffo, Oberacker and O'Mara.  

 3                 Ayes, 58.  Nays, 3.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    904, Senate Print 543B, by Senator Gianaris, an 

 8    act to amend the Tax Law and the Administrative 

 9    Code of the City of New York.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 13.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 904, those Senators voting in the 

21    negative are Senators Ashby, Borrello, 

22    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

23    Lanza, Martins, Mattera, Murray, Oberacker, 

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

25    Tedisco, Weber and Weik.


                                                               3791

 1                 Ayes, 41.  Nays, 20.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    905, Senate Print 600, by Senator Salazar, an act 

 6    to amend the Executive Law.

 7                 SENATOR LANZA:   Lay it aside.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is laid aside.

10                 THE SECRETARY:   Calendar Number 

11    906, Senate Print 611B, by Senator Mayer, an act 

12    to amend the Election Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  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:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 906, those Senators voting in the 

24    negative are Senators Borrello, 

25    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 


                                                               3792

 1    Lanza, Martins, Mattera, Murray, Oberacker, 

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

 3    Tedisco, Weber and Weik.

 4                 Ayes, 42.  Nays, 19.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    907, Senate Print 887, by Senator Cleare, an act 

 9    to amend the Elder Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect one year 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:   Senator 

19    Cleare to explain her vote.

20                 SENATOR CLEARE:   Thank you, 

21    Madam President. 

22                 There are over 400,000 New Yorkers 

23    living with Alzheimer's, and this number is sadly 

24    on the rise and expected to increase with each 

25    passing year.  


                                                               3793

 1                 Alzheimer's is a type of dementia 

 2    that does not affect just an individual, but 

 3    whole families and caregiver systems.  There are 

 4    over 540,000 individuals and caregivers who are 

 5    actively taking care of those afflicted, many on 

 6    a full-time basis.  

 7                 We must do everything within our 

 8    power to make sure that family members and 

 9    caregivers have positive, proactive and 

10    empowering support to optimally care for their 

11    loved ones.  Therefore, this bill requires a 

12    state-level centrally located database of 

13    successful dementia and Alzheimer's disease 

14    programs to be made available on the State Office 

15    for the Aging website.  

16                 In a state as vast as New York 

17    State, with the number of local 

18    community-centered approaches, it is wise to have 

19    all best practices collected in one place so they 

20    may be replicated.  It is also essential to 

21    collect and centralize proven approaches so 

22    family members have a place to turn with 

23    confidence for strategies, ideas and 

24    interventions to improve everyone's collective 

25    quality of life.  


                                                               3794

 1                 I proudly vote aye.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Cleare to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   Ayes, 61.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 Senator Gianaris, that completes the 

 9    reading of the calendar.

10                 SENATOR GIANARIS:   Let's now take 

11    up the controversial calendar, please.

12                 ACTING PRESIDENT MAYER:   The 

13    Secretary will ring the bell.

14                 The Secretary will read.

15                 THE SECRETARY:   Calendar Number 

16    905, Senate Print 600, by Senator Salazar, an act 

17    to amend the Executive Law.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Stec, why do you rise?

20                 SENATOR STEC:   If the sponsor would 

21    yield for a few questions, please.

22                 ACTING PRESIDENT MAYER:   Will the 

23    sponsor yield? 

24                 SENATOR SALAZAR:   Yes.

25                 ACTING PRESIDENT MAYER:   The 


                                                               3795

 1    sponsor yields.

 2                 SENATOR STEC:   All right, thank 

 3    you.  

 4                 Madam President, through you.  Could 

 5    the sponsor describe what kind of organization is 

 6    the Correctional Association?  Is it a government 

 7    organization?  Is it nonprofit?  What are they?

 8                 SENATOR SALAZAR:   Through you, 

 9    Madam President.  The Correctional Association is 

10    a not-for-profit organization.  It is the only 

11    entity that is specifically in statute in 

12    New York State law, designated as an independent 

13    oversight body over state correctional facilities 

14    in current law.

15                 SENATOR STEC:   All right, if the 

16    sponsor would continue to yield.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Salazar, do you continue to yield?  

19                 SENATOR SALAZAR:   Yes.

20                 ACTING PRESIDENT MAYER:   The 

21    sponsor yields.

22                 SENATOR STEC:   Thank you.  Through 

23    you, Madam President.  

24                 So you said correctional facilities, 

25    but these are residential juvenile homes.  


                                                               3796

 1    They're not part of DOCCS, they're not 

 2    correctional facilities.  So would they still 

 3    have this in-statute authority to also observe 

 4    and oversight there?

 5                 SENATOR SALAZAR:   Through you, 

 6    Madam President, that is precisely the purpose of 

 7    this bill.  

 8                 Under existing law, the Correctional 

 9    Association has this authority regarding 

10    oversight of DOCCS facilities.  But what this 

11    bill would do is authorize the Correctional 

12    Association to monitor residential juvenile 

13    detention facilities -- that is, OCFS 

14    facilities -- as well.

15                 SENATOR STEC:   Thank you.  

16                 Madam President, will the sponsor 

17    continue to yield?  

18                 ACTING PRESIDENT MAYER:  Do you 

19    continue to yield?

20                 SENATOR SALAZAR:   Yes.

21                 ACTING PRESIDENT MAYER:   The 

22    sponsor yields.

23                 SENATOR STEC:   Thank you.  

24                 What about the Prisoners' Legal 

25    Services of New York?  What kind of organization 


                                                               3797

 1    are they?  

 2                 SENATOR SALAZAR:   Through you, 

 3    Madam President.  Prisoners' Legal Services of 

 4    New York has for more than 34 years represented 

 5    and advocated for the humane treatment of 

 6    individuals in correctional facilities in 

 7    New York State.  

 8                 They also have offices right now 

 9    that are located in close proximity to OCFS 

10    facilities, and they have the infrastructure in 

11    place and the knowledge that is needed to address 

12    issues that might come up, legal issues that 

13    might come up in OCFS facilities as well.  

14                 While that is not what they do under 

15    current law, that is what this bill would seek to 

16    allow them to do.

17                 SENATOR STEC:   Will the sponsor 

18    continue to yield?  

19                 ACTING PRESIDENT MAYER:   Do you 

20    continue to yield? 

21                 SENATOR SALAZAR:   Yes.

22                 ACTING PRESIDENT MAYER:   The 

23    sponsor yields.  

24                 SENATOR STEC:   Aren't there other 

25    organizations already charged with this sort of 


                                                               3798

 1    oversight, the Office of the Ombudsman, Council 

 2    of Children and Families?  I mean, there's 

 3    already an existing hotline.  Why would we create 

 4    a second hotline and, you know, a second 

 5    mechanism for all this oversight if we already 

 6    have oversight in place?  

 7                 SENATOR SALAZAR:   Through you, 

 8    Madam President.  I think that there has been 

 9    evidence that the existing oversight of OCFS 

10    facilities has not been adequate.  

11                 For example, there was a long 

12    investigation by the Department of Justice that 

13    uncovered abuses by staff in these facilities in 

14    which violence was used against young people.  

15    They sustained serious injuries, broken bones, 

16    concussions.  

17                 We have reason for concern about the 

18    well-being of young people in OCFS facilities, 

19    and I think that it would be beneficial for us to 

20    ensure that there is independent oversight over 

21    these facilities -- not only from within state 

22    government, but from entities that are external 

23    and can truly provide independent oversight.

24                 SENATOR STEC:   Will the sponsor 

25    continue to yield?  


                                                               3799

 1                 ACTING PRESIDENT MAYER:   Do you 

 2    continue to yield?  

 3                 SENATOR SALAZAR:   Yes.  

 4                 ACTING PRESIDENT MAYER:   The 

 5    sponsor yields.

 6                 SENATOR STEC:   So if we have a 

 7    broken system in the Office of Children and 

 8    Family Services, the solution isn't to, as 

 9    leaders, go in there and clean up our own 

10    organization that we have direct control over?  

11    Rather, the solution is to just create a parallel 

12    universe here with another outside entity coming 

13    in, doubling the work and increasing 

14    confidentiality and abuse and neglect in that 

15    process?  

16                 Why don't we just fix our own 

17    existing process?  Isn't that our responsibility?  

18                 SENATOR SALAZAR:   Through you, 

19    Madam President.  I would argue that these could 

20    be complementary paths.  It is important for us 

21    to do the work to reform OCFS when and where 

22    necessary to do that.

23                 But I also see value in a truly 

24    independent nongovernment entity providing 

25    oversight as well.


                                                               3800

 1                 SENATOR STEC:   Will the sponsor 

 2    continue to yield?  

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?  

 5                 SENATOR SALAZAR:   Yes.

 6                 SENATOR STEC:   How will the 

 7    Correctional Association's unannounced visits 

 8    affect the daily operation of the facilities?  

 9                 SENATOR SALAZAR:   Through you, 

10    Madam President.  The Correctional Association 

11    has been doing this kind of work for over a 

12    hundred years in New York State, since it was 

13    established in 1844.  And it has managed to do 

14    its work in DOCCS facilities, for example, secure 

15    facilities, without disrupting the operation of 

16    those facilities.  

17                 So I feel very confident that 

18    providing this oversight would not in any way 

19    negatively impact the operation of OCFS 

20    facilities.

21                 SENATOR STEC:   Will the sponsor 

22    continue to yield?  

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR SALAZAR:   Yes.


                                                               3801

 1                 SENATOR STEC:   How does the bill 

 2    ensure that the rights of facility staff are 

 3    protected during the inspection process conducted 

 4    by the Correctional Association?  

 5                 SENATOR SALAZAR:   Through you, 

 6    Madam President.  I see no reason to think that 

 7    providing this oversight support for young people 

 8    who are held in these facilities, that that would 

 9    in any way infringe upon the rights of staff in 

10    these facilities.

11                 SENATOR STEC:   Will the sponsor 

12    continue to yield?  

13                 ACTING PRESIDENT MAYER:   Do you 

14    continue to yield?  

15                 SENATOR SALAZAR:   Yes.

16                 SENATOR STEC:   Can the sponsor 

17    provide any examples of similar legislation in 

18    other states, and their outcome relative to 

19    what's proposed in this bill?  

20                 SENATOR SALAZAR:   Through you, 

21    Madam President.  I am not aware of very similar 

22    legislation in other states.

23                 SENATOR STEC:   Will the sponsor 

24    continue to yield for a couple more questions?  

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               3802

 1    continue to yield to a couple of questions?

 2                 SENATOR SALAZAR:   Yes.  

 3                 ACTING PRESIDENT MAYER:   Yes, the 

 4    Senator yields.

 5                 SENATOR STEC:   Was DOCCS or the 

 6    Office of Children and Family Services consulted 

 7    in the development of this legislation?  And more 

 8    importantly, do they offer an opinion in support 

 9    or opposition to it?  

10                 SENATOR SALAZAR:   Through you, 

11    Madam President, we did not receive opposition or 

12    support, an official opinion, from either DOCCS 

13    or OCFS regarding this legislation.

14                 SENATOR STEC:   But were they 

15    consulted, was the first part of my question.

16                 SENATOR SALAZAR:   Through you, 

17    Madam President.  It wouldn't -- I don't think 

18    that it would be necessary to consult DOCCS 

19    regarding this legislation, as this legislation 

20    doesn't affect DOCCS.

21                 But our office did seek to engage 

22    OCFS in conversation about it.

23                 SENATOR STEC:   Will the sponsor 

24    continue to yield?  

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               3803

 1    continue to yield?  

 2                 SENATOR SALAZAR:   Yes.

 3                 SENATOR STEC:   Is it true the 

 4    Correctional Association has a stated legislative 

 5    goal to see juvenile correctional facilities 

 6    close?  Are you aware of that?

 7                 SENATOR SALAZAR:   Through you, 

 8    Madam President.  I just want to make sure that I 

 9    understand Senator Stec's question that -- the 

10    question is if the Correctional Association has 

11    had any role in the closure of facilities or 

12    seeking to have them closed?  Did I understand?

13                 SENATOR STEC:   A goal that they 

14    would like to see juvenile facilities closed.

15                 SENATOR SALAZAR:   Through you, 

16    Madam President, I -- as far as I know, that goal 

17    has never been expressed by the Correctional 

18    Association.

19                 SENATOR STEC:   On the bill.

20                 ACTING PRESIDENT MAYER:   Senator 

21    Stec on the bill.

22                 SENATOR STEC:   I thank the sponsor 

23    for her time on this.

24                 Again, this seems very duplicative 

25    to me.  As I stated in my questions, if we as 


                                                               3804

 1    state government have an issue with how one of 

 2    our agencies is conducting business or not 

 3    conducting business appropriately, it's -- it 

 4    would be our role to step in and do that and not 

 5    farm it out to a third party, a third party 

 6    perhaps with their own view of things and maybe 

 7    their own agenda on things beyond just pure 

 8    oversight.  

 9                 We have staff that's capable of 

10    doing this.  This is an additional cost.  I'd be 

11    concerned about the impact to the facility.  The 

12    reason why I asked the question if DOCCS was 

13    contacted is because DOCCS has direct experience 

14    with this organization.  And again, we just did 

15    the Raise the Age, and supposedly offenders of 

16    21 years or younger are being treated 

17    differently.  

18                 So why we would want to conform our 

19    Children and Family Service processes to be more 

20    like that of DOCCS, as opposed to what the stated 

21    goal was, which is to treat children very 

22    differently, young offenders -- again, it's a 

23    duplicative effort, it's going to be costly, it's 

24    unnecessary.  

25                 I'll be opposed.


                                                               3805

 1                 ACTING PRESIDENT MAYER:   Are there 

 2    any other Senators wishing to be heard?

 3                 Seeing and hearing none, debate is 

 4    closed.

 5                 The Secretary will ring the bell.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 4.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    Salazar to explain her vote.

15                 SENATOR SALAZAR:   Thank you, 

16    Madam President.  

17                 As we just established, this bill 

18    would authorize the Correctional Association to 

19    monitor residential juvenile detention 

20    facilities.

21                 Today's juvenile justice facilities 

22    have thankfully quite different conditions from 

23    adult prisons, but they continue to face similar 

24    challenges.  As I mentioned, a DOJ investigation 

25    uncovered some shocking abuses that took place in 


                                                               3806

 1    some OCFS facilities.  And it really demonstrates 

 2    a need for there to be additional oversight in 

 3    these facilities.

 4                 The approach to addressing this 

 5    problem through this bill is three-pronged:  To 

 6    authorize the Correctional Association, as was 

 7    mentioned, to provide this oversight.  Also for 

 8    PLS to establish a juvenile justice unit to 

 9    legally represent children in the state's 

10    residential juvenile detention facilities.  That 

11    could include interviewing young people about 

12    their experiences, reviewing the records and 

13    investigating their complaints.  This really is 

14    to ensure that the best interest of children in 

15    these facilities continues to be served.  

16                 And I believe that this bill will be 

17    an important step forward to reveal and remedy 

18    any violations of children's constitutional 

19    rights in OCFS facilities and make sure that we 

20    are fulfilling our responsibility to their 

21    safety, their health, and their well-being.  

22                 I vote aye.  Thank you.

23                 ACTING PRESIDENT MAYER:   Senator 

24    Salazar to be recorded in the affirmative.

25                 Announce the results.


                                                               3807

 1                 THE SECRETARY:   In relation to 

 2    Calendar 905, those Senators voting in the 

 3    negative are Senators Ashby, Borrello, 

 4    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 5    Martinez, Martins, Mattera, Murray, O'Mara, Ortt, 

 6    Palumbo, Rhoads, Scarcella-Spanton, Stec, Tedisco 

 7    and Weber.  Also Senators Weik and Rolison.

 8                 Ayes, 41.  Nays, 20.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 Senator Gianaris, that completes the 

12    reading of the controversial calendar.

13                 SENATOR GIANARIS:   Is there any 

14    further business at the desk today?  

15                 ACTING PRESIDENT MAYER:   There is 

16    no further business at the desk.

17                 SENATOR GIANARIS:   I move to 

18    adjourn until tomorrow, Tuesday, May 14th, at 

19    3:00 p.m.

20                 ACTING PRESIDENT MAYER:   On motion, 

21    the Senate stands adjourned until Tuesday, 

22    May 14th, at 3:00 p.m.

23                 (Whereupon, at 4:06 p.m., the Senate 

24    adjourned.)

25