Regular Session - May 13, 2024
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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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
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25
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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.
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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
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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;
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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,
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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
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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
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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.
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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.
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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
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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 --
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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