Regular Session - May 15, 2024

                                                                   3897

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 15, 2024

11                      3:34 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3898

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

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT BAILEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    May 14, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, May 13, 

18    2024, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Hinchey 


                                                               3899

 1    moves to discharge, from the Committee on 

 2    Agriculture, Assembly Bill Number 1234 and 

 3    substitute it for the identical Senate Bill 1752, 

 4    Third Reading Calendar 230.

 5                 Senator Breslin moves to discharge, 

 6    from the Committee on Insurance, Assembly Bill 

 7    Number 9407A and substitute it for the identical 

 8    Senate Bill 9021A, Third Reading Calendar 801.

 9                 Senator Mayer moves to discharge, 

10    from the Committee on Education, Assembly Bill 

11    Number 9849 and substitute it for the identical 

12    Senate Bill 9054, Third Reading Calendar 828.

13                 Senator Martins moves to discharge, 

14    from the Committee on Local Government, 

15    Assembly Bill Number 7041A and substitute it for 

16    the identical Senate Bill 6797A, Third Reading 

17    Calendar 892.

18                 ACTING PRESIDENT BAILEY:   So 

19    ordered.

20                 Messages from the Governor.

21                 Reports of standing committees.

22                 Reports of select committees.

23                 Communications and reports from 

24    state officers.

25                 Motions and resolutions.


                                                               3900

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Good afternoon, 

 3    Mr. President.  

 4                 I wish to call up the following 

 5    bills which were recalled from the Assembly and 

 6    are now at the desk:  Senate Bills 1267 and 1610.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 92, 

10    Senate Print 1267, by Senator Breslin, an act to 

11    amend the Insurance Law and the Public Health 

12    Law.

13                 Calendar Number 423, Senate Print 

14    1610, by Senator Hoylman-Sigal, an act to amend 

15    the Real Property Law.

16                 SENATOR GIANARIS:   I move to 

17    reconsider the vote by which these bills were 

18    passed.

19                 ACTING PRESIDENT BAILEY:   The 

20    Secretary will call the roll on reconsideration.

21                 (The Secretary called the roll.)

22                 THE SECRETARY:   Ayes, 54.

23                 ACTING PRESIDENT BAILEY:   The bills 

24    are restored to their place on the Third Reading 

25    Calendar.  


                                                               3901

 1                 SENATOR GIANARIS:   I offer the 

 2    following amendments.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    amendments are received.

 5                 SENATOR GIANARIS:   I also offer 

 6    amendments to the following Third Reading 

 7    Calendar bills:  

 8                 By Senator Hoylman-Sigal, page 45, 

 9    Calendar 711, Senate Print 8484; 

10                 Senator Bailey, page 49, 

11    Calendar 789, Senate Print 8688; 

12                 Senator Stavisky, page 51, 

13    Calendar 877, Senate Print 2063;

14                 Senator Hoylman-Sigal, page 59, 

15    Calendar 929, Senate Print 8724; 

16                 Senator Krueger, page 66, 

17    Calendar 1000, Senate Print 9067; 

18                 Senator Scarcella-Spanton, page 49, 

19    Calendar 787, Senate Print 7739; 

20                 And Senator Krueger, page 49, 

21    Calendar 781, Senate Print 8705. 

22                 ACTING PRESIDENT BAILEY:   The 

23    amendments are received, and those bills will 

24    retain their place on the Third Reading Calendar.

25                 Senator Gianaris.


                                                               3902

 1                 SENATOR GIANARIS:   On to 

 2    resolutions.  

 3                 Let's begin by taking up previously 

 4    adopted Resolution 2122, by Senator Hinchey.  

 5    Please read that resolution's title and recognize 

 6    Senator Hinchey.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Resolution 2122, by 

10    Senator Hinchey, memorializing Governor Kathy 

11    Hochul to proclaim September 22-29, 2024, as 

12    Frontotemporal Degeneration Awareness Week in the 

13    State of New York.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Hinchey on the resolution.

16                 SENATOR HINCHEY:   Thank you, 

17    Mr. President.

18                 Today I rise proudly as the sponsor 

19    of the resolution proclaiming the week of 

20    September 22-29, 2024, as Frontotemporal 

21    Degeneration, or FTD, Awareness Week in the State 

22    of New York.

23                 FTD is an often misdiagnosed 

24    disease, one that causes extreme hardship, many 

25    challenges, and deep grief for families who are 


                                                               3903

 1    impacted.  I know that because it's the disease 

 2    that my father passed from in 2017.  And at that 

 3    time very few people knew what FTD even was, they 

 4    had never heard of FTD.

 5                 This is a disease -- it's a 

 6    neurodegenerative brain disease, a type of 

 7    dementia that often gets conflated with 

 8    Alzheimer's or other types of dementias.  

 9    However, we know that there are thousands of 

10    people impacted not just across our state but 

11    across the country and the world, many of whom 

12    don't even know that they may have FTD.  

13                 Partially because many of our 

14    medical professionals are not educated, they 

15    don't know that FTD is a disease they should even 

16    be looking for.  It's one that impacts behavior 

17    and language.  And so often if someone goes in to 

18    the doctor for a test, they may be tested by 

19    their memory.  And when they beat the memory 

20    test, when they pass it with flying colors, 

21    they're told they don't have dementia, maybe they 

22    have a psychological disorder or a mental health 

23    issue or a behavioral issue -- when in fact it's 

24    FTD, frontotemporal degeneration.  

25                 I say this over and over again 


                                                               3904

 1    because it's a disease that we need to normalize 

 2    and we need to uplift so we can bring a broader 

 3    collective consciousness to this disease so that 

 4    more people, when they are suffering, can get an 

 5    accurate diagnosis.

 6                 For many it takes four years before 

 7    they actually know what they have.  And that is 

 8    an incredibly challenging situation for any 

 9    family to be in, not only because there are many 

10    questions as to why a loved one may be behaving 

11    in the way that they are, but there's no ability 

12    for financial planning.  There's no ability to 

13    find the resources that one needs.  

14                 And so this resolution proclaiming 

15    September 22-29th as FTD Awareness Week is a huge 

16    step forward in bringing awareness to folks 

17    across our state.

18                 New York State was actually the 

19    first state in the country to have an awareness 

20    resolution for FTD.  And because of our work in 

21    this chamber and many advocates, that is now 

22    starting to proliferate across the rest of the 

23    country.

24                 That work is happening because of an 

25    incredible organization, the Association for 


                                                               3905

 1    Frontotemporal Degeneration.  We are here joined 

 2    in this chamber today by many advocates and 

 3    family members who are impacted, sadly, by FTD, 

 4    but advocates who work for AFTD as well, 

 5    including AFTD's CEO Susan Dickinson; 

 6    Senior Director of Programs Sharon Denny; 

 7    Director of Advocacy Meghan Buzby; and 

 8    Advocacy Manager Matt Sharp, who have now 

 9    dedicated their careers to really fighting 

10    against frontotemporal degeneration.  

11                 Many of you in this room may also 

12    have heard of this disease, it may sound familiar 

13    to you, because just a number of months ago 

14    Emma Heming Willis, Bruce Willis's wife, made the 

15    courageous step forward in coming forward and 

16    announcing that that is the disease that 

17    afflicted her husband.

18                 Taking that step to announce your 

19    personal tragedy, your family's tragedy, is a 

20    really difficult one.  It's one that you do not 

21    make lightly, and it's one that puts a spotlight 

22    on your family at one of the hardest moments of 

23    your life, when all you want to do is care for 

24    your loved one and give them the best treatment 

25    possible.  


                                                               3906

 1                 But it's because of Emma's bravery 

 2    and her commitment to trying to find a cure so 

 3    that no other family member has to go through 

 4    what we went through, what many others have gone 

 5    through and now, unfortunately, what they are 

 6    going through -- it's her bravery and commitment 

 7    that has shined a light on this disease, more 

 8    than anyone could do except for someone in that 

 9    position.  

10                 And I am so proud to be joined here 

11    today in this chamber by Emma Heming Willis, in 

12    just admiration for her courage and her advocacy.  

13    And I'm proud that today we are passing this 

14    resolution proclaiming FTD Awareness Week here in 

15    the State of New York.  

16                 Thank you very much, Mr. President.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator Hinchey.

19                 Senator Gianaris on the resolution.

20                 SENATOR GIANARIS:   Thank you, 

21    Mr. President.  

22                 I just wanted to add my voice and 

23    particularly to thank Senator Hinchey for using 

24    her personal experience with her father as an 

25    advocate for this important issue.  I know it is 


                                                               3907

 1    a very heartfelt issue that she's trying to get 

 2    the rest of us to focus on, and I think we 

 3    absolutely should.  

 4                 I also want to thank the advocates 

 5    who are up here today -- of course, Emma Heming 

 6    Willis, who was making the rounds today pushing 

 7    very hard for the legislation that 

 8    Senator Hinchey has introduced around this issue, 

 9    and of course Susan Dickinson and all the 

10    advocates and the families who have personal 

11    experience with FTD in their families.  

12                 It is not easy to share one's 

13    personal family experiences -- particularly those 

14    who are not in public life, as we are -- and to 

15    use that pain for a good outcome.  And all of 

16    these families are doing that.  So I just wanted 

17    to also add my support to what Senator Hinchey is 

18    doing here and encourage all my colleagues to 

19    learn about this issue and be as supportive as we 

20    can to those who are dealing with the 

21    consequences of it.

22                 Thank you, Mr. President.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Gianaris.

25                 To our guests, I welcome you on 


                                                               3908

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

 2    the privileges and courtesies of this house.

 3                 Please rise and be recognized.

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT BAILEY:   The 

 6    resolution was previously adopted on April 9th.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Mr. President 

 9    let's move on to previously adopted 

10    Resolution 2010, by Senator Stavisky, please 

11    read that resolution's title and recognize 

12    Senator Stavisky.

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will read.

15                 THE SECRETARY:   Resolution 2010, by 

16    Senator Stavisky, commending Dr. Hari Krishna 

17    Shukla upon the occasion of his designation as 

18    recipient of a Liberty Medal, the highest honor 

19    bestowed upon an individual by the New York 

20    State Senate.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Stavisky on the resolution.

23                 SENATOR STAVISKY:   Thank you, 

24    Mr. President.  

25                 And welcome to Dr. and Mrs. Shukla.  


                                                               3909

 1                 Dr. Shukla came to the United States 

 2    initially on a Rotary International Scholar 

 3    Program.  And fortunately he stayed and went to 

 4    medical school, residency.  But during this early 

 5    period in his life he developed an interest in 

 6    pediatrics and became a -- not just a 

 7    pediatrician, but taking care of newborn babies 

 8    became his mission.

 9                 And over the years -- the World 

10    Health Organization has stated that one in 

11    10 babies are born prematurely.  And early on, 

12    every -- I think it was 40 seconds a baby died.  

13    And Dr. Shukla said that's not acceptable, we've 

14    got to figure out how we treat the premature 

15    babies.  And he developed a mathematical formula 

16    to determine the best way to feed and to provide 

17    medication for these tiny, tiny babies.

18                 And in fact last night I took -- I 

19    googled, just on a guess, "Shukla formula," and 

20    the formula came up.  And it has saved thousands 

21    upon thousands of lives.  

22                 And Dr. Shukla not only worked as 

23    a doctor, but also as an active member of the 

24    community.  He served on the Community Board 7 in 

25    Queens.  I've known him and his wife and family 


                                                               3910

 1    for many years.  And in fact, we used to spend 

 2    Christmas mornings together at Flushing Hospital 

 3    distributing toys for children.  And that I think 

 4    demonstrates his commitment and his compassion 

 5    and his rapport with children and adults as well.

 6                 So I'm delighted to welcome 

 7    Dr. Shukla.  And he is accompanied by his wife, 

 8    Kirti Shukla, on the floor.  

 9                 And in the gallery we have Dr. Dilip 

10    Nath, president and founder of the New American 

11    Voters Association, and his wife, Mrs. Dipa Nath.

12                 So we welcome the Nath family, the 

13    Shukla family.  And I am delighted -- if I can 

14    get the paperclip off -- to present Dr. Shukla 

15    with the Liberty Medal.

16                 So again, before I present it to 

17    him, I ask that all of the courtesies be extended 

18    to the recipients.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Stavisky.

21                 Senator Liu on the resolution.

22                 SENATOR LIU:   Thank you, 

23    Mr. President.

24                 I am very happy to join 

25    Senator Stavisky in honoring an individual from 


                                                               3911

 1    our hometown of Flushing, somebody who came here 

 2    with very little and, in his very long and 

 3    illustrious career as a physician, pioneered 

 4    something that, as Senator Stavisky said, saved 

 5    thousands and thousands of newborns and brought 

 6    joy to their families.  And that is something 

 7    that's to be celebrated.  

 8                 And Toby already -- Senator Stavisky 

 9    already said it all.  Dr. Shukla is not only a 

10    renowned physician, but he is a member of the 

11    community.  He for many years -- I don't know why 

12    he did this, but for many years he attended 

13    community board meetings until all hours of the 

14    night and then continued back to the hospital and 

15    his office, which is in downtown Flushing, to 

16    tend to the needs of his patients and their 

17    families.  

18                 And I also have spent not 

19    necessarily joyfully, but spent Christmas 

20    mornings with Dr. Shukla at the hospital 

21    delivering toys to babies.  Because that's what 

22    Dr. Shukla is always about.

23                 So Dr. Hari Krishna Shukla is a 

24    person that's fully deserving of the honor today, 

25    and even more so because Mrs. Kirti Shukla still 


                                                               3912

 1    stands by him.

 2                 Thank you, Kirti.  And thank you, 

 3    Dr. Shukla.

 4                 ACTING PRESIDENT BAILEY:   Thank 

 5    you, Senator Liu.

 6                 Senator Comrie on the resolution.

 7                 SENATOR COMRIE:   Thank you, 

 8    Mr. President.  

 9                 I rise today to congratulate Senator 

10    Stavisky on bringing forth this resolution and 

11    the Liberty Medal for Dr. Shukla.  

12                 I didn't know him directly other 

13    than his presence on the community board 

14    meetings.  I didn't know about his great history 

15    with -- the ability to make sure that he came up 

16    with an invention that saved thousands of lives.  

17                 But I do know him from his presence 

18    on the community board and throughout the entire 

19    community, giving in service.  And I also know 

20    the young man in the audience and his wonderful 

21    wife, Dilip Nath, who I've been working with 

22    since before I got elected to anything, who's 

23    been also a great community servant.  

24                 So I just wanted to rise and 

25    acknowledge -- thank you, Dr. Shukla, for your 


                                                               3913

 1    efforts.  Thank you, Senator Stavisky, for 

 2    bringing this presentation forward.  And good to 

 3    see you in Albany, Dilip. 

 4                 ACTING PRESIDENT BAILEY:   Thank 

 5    you, Senator Comrie.

 6                 Senator Persaud on the resolution.

 7                 SENATOR PERSAUD:   Thank you, 

 8    Mr. President.

 9                 I just wanted to thank 

10    Senator Stavisky for honoring Dr. Shukla this 

11    afternoon.  

12                 I met Dr. Shukla through NAVA many, 

13    many years ago, and he -- the things that he has 

14    done for the community, I think everybody should 

15    just look him up and see what he has done, 

16    because we want to commend you for everything 

17    that you have done and continue to do.  And I 

18    thank you for your service to the community.  

19                 And to Dilip and Dipa, it's great to 

20    see you.  Welcome to Albany.  And Mrs. Shukla, 

21    great seeing you again.

22                 Thank you.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Persaud.

25                 To our guests, I welcome you on 


                                                               3914

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

 2    the privileges and courtesies of this house.  

 3                 Please rise and be recognized.

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT BAILEY:   The 

 6    resolution was previously adopted on March 26th.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Mr. President, 

 9    let's now move on to previously adopted 

10    Resolution 1640, by Senator Gallivan, read its 

11    title and recognize Senator Gallivan.

12                 ACTING PRESIDENT BAILEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Resolution 1640, by 

15    Senator Gallivan, memorializing Governor 

16    Kathy Hochul to proclaim May 12-18, 2024, as 

17    Police Week in the State of New York.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Gallivan on the resolution.

20                 SENATOR GALLIVAN:   Thank you, 

21    Mr. President.

22                 I'm proud to stand today in support 

23    of Police Week in New York State and across the 

24    country, and also to welcome representatives of 

25    the organizations that represent almost every 


                                                               3915

 1    police officer in New York State.  

 2                 This week is set aside nationally as 

 3    a time to recognize those law enforcement 

 4    officers who have lost their lives in the line of 

 5    duty.  It's a reminder of the dangers these 

 6    dedicated public servants confront on a daily 

 7    basis.  Just last week many of us gathered at the 

 8    Police Memorial in the Plaza as the names of 

 9    68 officers who gave their lives in service to 

10    their fellow New Yorkers were added to the black 

11    granite walls.  

12                 Across the country, an astonishing 

13    number of 556 police officers made the ultimate 

14    sacrifice last year.  They did this while 

15    protecting their fellow citizens.  It's more than 

16    double the lives lost the previous year.

17                 As a nation, we should consider an 

18    attack on a police officer as an attack on all of 

19    us.  It's an assault on the rule of law that 

20    makes a civilized society possible.  

21                 As someone who has served in the 

22    New York State Police and as sheriff of 

23    Erie County, I have great respect and admiration 

24    for police officers who work every day to keep 

25    our families and our communities safe.  I also 


                                                               3916

 1    have respect and gratitude for the 228 young men 

 2    and women who just a few hours ago graduated from 

 3    the New York State Police Academy and entered 

 4    service as New York State Troopers.

 5                 We all know that a job in 

 6    law enforcement is dangerous and difficult.  

 7    We're fortunate that despite the risks and 

 8    challenges, hundreds of thousands of dedicated 

 9    officers are on the job every day across the 

10    country, across the state, across all of our 

11    communities, enforcing our laws and working to 

12    keep us and our families safe.

13                 I thank those who serve, and I honor 

14    those who have fallen.  And I ask all my 

15    colleagues to join me in calling on the Governor 

16    to proclaim this Police Week in the State of 

17    New York.

18                 Thank you, Mr. President.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Gallivan.

21                 Senator Mayer on the resolution.

22                 SENATOR MAYER:   Thank you, 

23    Mr. President.

24                 And thank you, Senator Gallivan, for 

25    your leadership on this important issue.  


                                                               3917

 1                 And to our friends in the gallery 

 2    who represent, as Senator Gallivan said, police 

 3    departments from throughout the state, when you 

 4    look back in 1962, when Congress passed the 

 5    resolution authorizing the President to declare 

 6    this week as Peace Officers Police Week, the 

 7    language is so fitting for our time, even though 

 8    so much time has passed.  

 9                 And it says:  "Whereas, the police 

10    officers of America have worked devotedly and 

11    selflessly on behalf of the people of this 

12    nation, regardless of the peril or hazard to 

13    themselves; and 

14                 "Whereas, these officers have 

15    safeguarded the lives and property of their 

16    fellow Americans; and" -- this is particularly 

17    noteworthy to me -- 

18                 "Whereas, by the enforcement of our 

19    laws, these officers have given our country 

20    internal freedom from the fear of violence and 

21    civil disorder that is presently affecting other 

22    nations."

23                 And it goes on to call on the 

24    President to declare this Police Week and honor 

25    those who died in the line of service.


                                                               3918

 1                 In these intervening years, 

 2    unfortunately, the fears of violence in other 

 3    nations has come to take place in our own 

 4    country.  And we are incredibly dependent on 

 5    these officers from police departments around the 

 6    state to protect us here at home from violence -- 

 7    from our neighbors, from those who are filled 

 8    with hate, from those who don't abide by the 

 9    rules of our country and the rules of law.

10                 So I am honored to be part of this 

11    resolution to express our collective support and 

12    appreciation for these police departments, to 

13    recognize how difficult their jobs are, and 

14    particularly to acknowledge those who have passed 

15    in the line of duty.  

16                 I've been honored to stand at the 

17    Police Memorial each year when these individuals 

18    are named and their families remember them.  We 

19    collectively remember them, we honor them, and 

20    I'm very, very appreciative of the ability to 

21    stand and support them today in a public and very 

22    open way.  That we stand with them, we honor 

23    them, and we thank them for their service.  

24                 Thank you, Mr. President.  

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               3919

 1    you, Senator Mayer.

 2                 Senator Comrie on the resolution.

 3                 SENATOR COMRIE:   Thank you, 

 4    Mr. President.

 5                 I rise to support this resolution 

 6    from Senator Gallivan.  I'm thankful that this is 

 7    the first time I've had a chance to speak on this 

 8    resolution.  

 9                 But it's important that we do 

10    remember and respect our police officers that 

11    serve our state every day, that respond to 

12    emergency situations, that often have to go into 

13    places without knowledge or information about 

14    what's going on, have to figure it out and try to 

15    come back with a resolution.  

16                 It's one of the toughest jobs in the 

17    world.  It needs to be respected and commemorated 

18    more effectively, especially in these times where 

19    so many people are confused about their roles, 

20    confused about what they should do, unfortunately 

21    being coerced into situations or responses that 

22    are not positive.  

23                 And the only people that can try to 

24    bridge that gap are police officers that are 

25    moving into a situation without full knowledge or 


                                                               3920

 1    without full understanding of what they're 

 2    walking into.  But they're willing to take that 

 3    walk that most of us would not be willing to do.

 4                 So I just wanted to take this 

 5    opportunity to thank of the police officers that 

 6    serve this state.  We know that it's a difficult 

 7    job.  We know that they're under a lot of 

 8    pressure.  We know that sometimes they don't have 

 9    the proper information in order to be able to do 

10    what they need to do, but they know that they 

11    need to try to ameliorate a situation or calm a 

12    situation or resolve a situation because they've 

13    desired to make sure that this state is a better 

14    state for all of us.

15                 So thank you, Senator Gallivan, for 

16    bringing this resolution.  

17                 And I want to say thank you to all 

18    of the police officers in our state.  And we have 

19    to encourage everyone to try to support the 

20    police whenever possible and try to make their 

21    jobs easier by being good citizens.

22                 Thank you, Mr. President.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Comrie.

25                 Senator Weber on the resolution.


                                                               3921

 1                 SENATOR WEBER:   Thank you, 

 2    Mr. President.

 3                 I want to thank Senator Gallivan for 

 4    bringing this very important resolution today.  

 5                 You know, I grew up in the hamlet of 

 6    Pearl River -- I think I've mentioned that 

 7    before -- where most people are either related to 

 8    a cop, are a cop or a fireman.  So my story is no 

 9    different.  You know, I grew up as a son of a 

10    New York City police officer.  My father served 

11    20 years and retired in 1986 as a lieutenant, was 

12    president of the Rockland County Shields.  My 

13    older brother, Carl, was 26 years as -- and 

14    retired as a lieutenant from PSA 8 in the Bronx, 

15    as a lieutenant.  And my younger stepbrother is a 

16    sergeant now in the Bronx.

17                 So, you know, we come from a long 

18    line of police officers.  I respect and honor all 

19    the work that our officers do.  The ones that are 

20    here today, welcome here today.  

21                 You know, and one of the reasons why 

22    I ran for office, as I think a lot of my 

23    colleagues on this side of the aisle ran, is 

24    because we saw the constant attack on the police 

25    officers.  We saw the Defund the Police movement 


                                                               3922

 1    and all these other silly slogans and outrageous 

 2    comments made attacking our police officers.

 3                 So I ran for office to make sure 

 4    that they had a voice in this body.  I'm proud to 

 5    be here and I'm proud to stand with the men and 

 6    women in blue.  I wore my blue suit and my blue 

 7    shirt in honor of today.

 8                 Thank you for everyone being here, 

 9    and thank you for all our police officers who 

10    protect us every day.

11                 Thank you.

12                 ACTING PRESIDENT BAILEY:   Thank 

13    you, Senator Weber.

14                 Senator Rolison on the resolution.

15                 SENATOR ROLISON:   Thank you, 

16    Mr. President.

17                 I want to thank Senator Gallivan for 

18    bringing forward this resolution.  

19                 And I also want to say to all my 

20    colleagues, I appreciate all of your comments in 

21    support of the men and women of law enforcement.  

22                 You know, I was thinking this 

23    morning when I went to meet with members of the 

24    State Police prior to the graduation, what it was 

25    like for me in 1979, when I graduated from the 


                                                               3923

 1    Police Academy.  Then thinking about my son 

 2    Chris, who's currently on the job.  And he 

 3    graduated from the Police Academy in 2012.  

 4                 There's an excitement to it.  You 

 5    are going into this profession because you want 

 6    to serve others, and you do so with a desire to 

 7    do good.  And you do so not really worrying about 

 8    your own well-being or safety, because you are 

 9    there to stand between the good and the bad.  

10                 And people call you for a reason.  

11    You go to serve others, and you go as someone who 

12    doesn't know necessarily the background of that 

13    individual, whether they're a Republican, 

14    Democrat, whether they vote or not.  You go to 

15    help because that's what you're trained to do.

16                 And as I was looking at the members 

17    of the State Police today -- a proud organization 

18    that serves the state so honorably.  And then 

19    leaving, I was greeted by a gal that I have known 

20    for many, many years whose son was graduating 

21    today from the State Police.  And they live in my 

22    district, but yet I didn't know that he actually 

23    was in the Academy and was graduating.  Known 

24    this man, this now-Trooper, since he was a little 

25    boy.  


                                                               3924

 1                 And how proud she was of her son, 

 2    Tyler.  And as they were all standing there -- 

 3    family members, neighbors, relatives standing in 

 4    line to get into the Egg to see this great 

 5    wonderful occasion for the new members of the 

 6    New York State Police -- it's joyous, but it's 

 7    also cautionary, because these family members 

 8    know that they are giving their loved one to the 

 9    people.  

10                 And these individuals who protect us 

11    throughout this entire state and throughout this 

12    nation, they do so knowing that it's a dangerous 

13    job.  But they do it anyway because that's what 

14    they want to do.

15                 And as Senator Weber said, who comes 

16    from a long line of family members in the police 

17    service, that's what we're supposed to do as 

18    well, to support them and to make sure that they 

19    have the tools to do the job.  

20                 But most importantly -- and I'll end 

21    with this, Mr. President -- is that police 

22    officers need to protect one another first so 

23    they can protect the community.  And on this 

24    particular week, as we attend so many police 

25    memorial services -- I'll be going to one 


                                                               3925

 1    tomorrow in the Town of Poughkeepsie where I 

 2    worked for 26 years -- I will remember that 

 3    simple part of the job:  Making sure that they 

 4    have the tools to do the job and they can protect 

 5    one another so they can protect us.  And we will 

 6    do our job here in Albany to make sure we support 

 7    them. 

 8                 Mr. President, I proudly vote aye.

 9                 ACTING PRESIDENT BAILEY:   Thank 

10    you, Senator Rolison.

11                 Senator May on the resolution.

12                 SENATOR MAY:   Thank you, 

13    Mr. President.

14                 The greater Syracuse community is 

15    still raw and grieving over two uniformed 

16    officers who lost their lives in the line of duty 

17    just a couple of weeks ago.  

18                 And I had the honor to attend the 

19    funeral of Deputy Hoosock, which was held at the 

20    State Fairgrounds because it was the only place 

21    big enough to accommodate the crowd that wanted 

22    to attend.  There were thousands upon thousands 

23    of uniformed officers who came from local police 

24    forces, State Police, sheriff's offices, from all 

25    over the state and outside the state.  


                                                               3926

 1                 And it was really a remarkable 

 2    occasion.  And for me, it gave me such a deep 

 3    sense of the fellowship and solidarity and the 

 4    mutual support that uniformed officers give each 

 5    other no matter where they serve.  And the widow 

 6    of the slain officer talked about the incredible 

 7    outpouring of support she had received.

 8                 So, you know, it's -- there's a lot 

 9    of love that is in that fellowship.  And I just 

10    wanted to say how powerful it was, how much it 

11    taught me about what it means, I think, to people 

12    to be in that fellowship.  And I was grateful for 

13    the opportunity to just be able to attend that.  

14                 And I want to thank the sponsor of 

15    this resolution for bringing it forward.  

16                 And I vote aye.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator May.

19                 Senator Weik on the resolution.

20                 SENATOR WEIK:   Thank you, 

21    Mr. President.  

22                 I want to thank Senator Gallivan for 

23    bringing this to the floor today.  

24                 Police Week has always meant so much 

25    to me.  I always associate it -- it happens to 


                                                               3927

 1    fall in the same week as my husband's birthday, 

 2    and so I always associate the two.  Very fitting, 

 3    because he is a police officer.  And I've been 

 4    married to law enforcement for 30 years now.  I 

 5    don't just assimilate with it, it is me.  It is 

 6    everything -- it's the reason I ran for the 

 7    Senate.  

 8                 And so I hold this week very near 

 9    and dear to my heart.  It has great meaning.  And 

10    I support all of our law enforcement.  I thank 

11    you all for being here with us today.

12                 As I was at the Trooper graduation 

13    today, lots of fond memories from when my son 

14    graduated a short time ago.  But to see that I 

15    had about 20 constituents graduating from the 

16    class today made me so proud.  

17                 This is just a very special week.  

18    And it's a week that we should all take time to 

19    not only support our law enforcement but to make 

20    sure that we take the time to remember all of the 

21    officers who lost their life doing what they 

22    believed in.  This year I lost Officer Diller 

23    from NYPD in my district, a true tragedy and 

24    something that, when I went to the funeral, my 

25    heart just broke seeing this young family having 


                                                               3928

 1    to move on without him.

 2                 This is the story of all of the 

 3    families who are suffering the loss of their 

 4    officer, their police officer this week.  I hope 

 5    that everyone takes a moment to remember not just 

 6    the families but the officers who put their lives 

 7    on the line to defend and to protect us no matter 

 8    what.

 9                 Thank you.

10                 ACTING PRESIDENT BAILEY:   Thank 

11    you, Senator Weik.

12                 Senator Harckham on the resolution.

13                 SENATOR HARCKHAM:   Thank you very 

14    much, Mr. President.

15                 I want to thank Senator Gallivan for 

16    bringing this resolution.  

17                 I want to thank Senator Gallivan and 

18    Senator Rolison for your service in law 

19    enforcement.  Thank you both.

20                 An important resolution, important 

21    week that we are mindful of the service and the 

22    sacrifice of law enforcement, as many have 

23    mentioned, to keep us safe.  And not only just to 

24    deal with crime, but to deal with members of the 

25    community at our weakest moment, at our lowest 


                                                               3929

 1    moment, and the compassion that they display time 

 2    and time again.  

 3                 And I would be remiss if I didn't 

 4    bring up that Putnam County that I represent is 

 5    reeling.  We've lost three police officers from 

 6    Putnam County in the last couple of weeks -- two 

 7    by natural cause in the Brewster Police 

 8    Department, one by accident in Carmel, but was a 

 9    Westchester County officer.

10                 And to what members were saying 

11    about family, that the police service is a 

12    family, and the family grieves together.  And we 

13    need to remember the families, because there are 

14    so many holidays where the officer is not home 

15    with the family, there are birthdays missed, 

16    there are late nights that people are called out.  

17    There are special family events that are missed 

18    for public service, to keep us safe, and those 

19    families sacrifice.

20                 So I just want to be mindful of 

21    that.  I'll speak to the past officers at a 

22    future meeting when those memorial resolutions 

23    are ready.  But we just want to say we don't 

24    forget those officers.  We don't forget their 

25    families.  


                                                               3930

 1                 And I thank Senator Gallivan again.  

 2                 Proud to vote aye.

 3                 ACTING PRESIDENT BAILEY:   Thank 

 4    you, Senator Harckham.

 5                 Senator Mattera on the resolution.  

 6                 SENATOR MATTERA:   Thank you, 

 7    Mr. President.  

 8                 You know, I want to thank 

 9    Senator Gallivan for this resolution to bring 

10    forward this National Police Week.  It's just so, 

11    so important that we are there for all of our 

12    law enforcement.  I am wearing -- I know 

13    everybody's saying they're wearing blue.  I'm 

14    wearing my gray today for all the cadets that 

15    graduated here today.  

16                 And one of the cadets that -- was 

17    one of my interns that was here, A.J. Tarquinio.  

18    He was here interning, and he's from Smithtown.  

19    And he has that good part about him; I'm looking 

20    at this gentleman saying, Wow, he's always happy.  

21    You know, came from a great town, St. James, like 

22    a little Mayberry.  And I'm looking at him today, 

23    and how proud I was of his uniform.  And all 

24    those 228 cadets that are graduating today, and 

25    six of them are from my district.  And I'm just 


                                                               3931

 1    like, please, protect yourself.  Please be safe.  

 2                 What's been happening over the years 

 3    is that we took the tools away from -- a lot of 

 4    the tools away from our law enforcement.  And we 

 5    need to make sure we give those tools back to 

 6    them so they can do their job.  

 7                 Right now we have the City of 

 8    New York that we even tell our children, try not 

 9    to go into there right now because our law 

10    enforcement can't do their job.  They're all 

11    having a hard time to do their job because of the 

12    laws that were put forward.  

13                 And thank God for our police 

14    officers that are there to serve and protect, 

15    that are there for us.  Because guess what?  If 

16    something happens, what do we do?  We call 911, 

17    and they are there to respond, to protect us.  

18                 But again, we took those tools away 

19    from our law enforcement, and we need to give 

20    that back to them.

21                 But I'm so proud to be here for 

22    National Police Week.  And all of us were outside 

23    at the Memorial.  We were there listening to 

24    those names.  And just listen to the one name 

25    Officer Diller, that I actually was -- I attended 


                                                               3932

 1    that wake.  It was very, very difficult for all 

 2    of us to go to a wake like that, to sit there and 

 3    say, Wow, this could have been prevented, could 

 4    have been prevented in a lot of ways.  We all 

 5    know that.  I don't need to get into the details 

 6    here on this floor.  

 7                 But guess what?  Everybody in this 

 8    room needs to do their job so we can protect our 

 9    law enforcement so they can do their job and give 

10    them back their tools.  

11                 So I thank you so much again, 

12    Senator Gallivan, for this resolution.  

13                 Mr. President, I vote aye.  

14                 Thank you.

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you, Senator Mattera.

17                 Senator Persaud to close.

18                 SENATOR PERSAUD:   Thank you, 

19    Mr. President.  

20                 I would like to first thank 

21    Senator Gallivan for bringing this resolution 

22    here today.  

23                 I want to thank our police officers, 

24    and not to -- to show our appreciation for them 

25    and to remind them that despite what we may hear, 


                                                               3933

 1    there are many of us in New York City who are 

 2    supportive of our police officers, many of us who 

 3    are fighting to ensure that they have the tools 

 4    necessary to do their jobs on a daily basis. 

 5                 Many of us who are part of the 

 6    police family, and many of us who will stand up 

 7    for them no matter what.

 8                 I am a sister of a law enforcement 

 9    officer in another state.  I always remind my 

10    brother that he has it easy in the state that 

11    he's in.  He should come and try being a 

12    police officer in the City of New York, and he 

13    will know what real policing is.  That's a 

14    brother-sister joke.  So -- and he tells me, 

15    like, Really?  I'm like, Yes.  You don't know 

16    what a police officer's role is until you've 

17    tried being a police officer in New York City.

18                 People talk about -- you know, tend 

19    to put negative things about police officers.  I 

20    want to encourage people also -- in New York City 

21    there's a class called the Citizens Police 

22    Academy.  Anyone who wants to know what a true 

23    police officer goes through and understand the 

24    training, just go and do that, participate in 

25    that 15-week classroom training, and you will 


                                                               3934

 1    understand what a police officer goes through.  

 2    So that when you're making comments about a 

 3    police officer, you have some facts to back it 

 4    up.

 5                 I just also want to say last Monday 

 6    a former intern of mine graduated from the NYPD 

 7    Academy.  And he was very proud of it.  He grew 

 8    up in the Canarsie area, and all he wanted to do 

 9    was join NYPD.  And he did that, and graduated 

10    last Monday.  So to Officer Girard, I wish you 

11    the very best.  

12                 And finally, I want to say thank you 

13    to the number of precincts that are part of my 

14    district, and I'm going to name them:  NYPD 

15    63rd Precinct; 67th Precinct; 69th Precinct; 

16    73rd Precinct; 75th Precinct; PSA 1; PSA 2; and 

17    Transit 33.  Thank you for your service.  

18                 Thank you, Mr. President.  I vote 

19    aye.

20                 ACTING PRESIDENT BAILEY:   Thank 

21    you, Senator Persaud.

22                 To our guests, we thank you for your 

23    bravery and for your service, and we welcome you 

24    on behalf of the Senate.  We extend to you all of 

25    the privileges and the courtesies of this house.  


                                                               3935

 1                 Please rise and be recognized.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT BAILEY:   The 

 4    resolution was previously adopted on 

 5    January 23rd.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Mr. President, 

 8    the sponsors of all the resolutions we took up 

 9    today would like to open them for cosponsorship.  

10                 ACTING PRESIDENT BAILEY:   These 

11    resolutions are open for cosponsorship.  Should 

12    you choose not to be a cosponsor, please notify 

13    the desk.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Please recognize 

16    Senator May for an introduction.  

17                 ACTING PRESIDENT BAILEY:   Senator 

18    May for the purposes of an introduction.

19                 SENATOR MAY:   Thank you, 

20    Mr. President.

21                 We are joined today by 43 members of 

22    the Association of Clerks and County Legislative 

23    Boards of New York State today.  And I want to 

24    welcome them; in particular Aaron Martin, the 

25    clerk of the Broome County Legislature and 


                                                               3936

 1    president of the association, and Jamie McNamara, 

 2    clerk of the Onondaga County Legislature and past 

 3    president of the association.  

 4                 These clerks assist county 

 5    legislative bodies in carrying out all of their 

 6    duties.  They provide services that span across 

 7    every county department and incorporate a wide 

 8    array of skills, including planning, programming, 

 9    communication, delegation, coordination, 

10    scheduling, research and public outreach.

11                 We in the State Legislature know how 

12    lost we would be without the Secretary of the 

13    Senate and Senate services staff who make it 

14    possible for us to do our jobs.

15                 These dedicated public servants 

16    provide similarly crucial support to county 

17    legislatures.

18                 Mr. President, I ask that you 

19    welcome these dedicated public servants to 

20    Albany.  Thank you.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator May.

23                 To our guests, we welcome you on 

24    behalf of the Senate, and we extend to you all of 

25    the privileges and courtesies of this house.  


                                                               3937

 1                 Please rise and be recognized.

 2                 (Standing ovation.)

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Gianaris.

 5                 SENATOR GIANARIS:   Mr. President, 

 6    we're just going to pause for a moment while we 

 7    wait for some members to enter the chamber for 

 8    the next order of business.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   As brief a pause 

12    as it was.

13                 There is a report of the 

14    Finance Committee at the desk.  

15                 Please take that up.

16                 ACTING PRESIDENT BAILEY:   The 

17    Secretary will read.  

18                 THE SECRETARY:   Senator Krueger, 

19    from the Committee on Finance, reports the 

20    following nominations:  

21                 As commissioner of the Office of 

22    Children and Family Services, DaMia 

23    Harris-Madden; 

24                 As commissioner of the Office of 

25    Temporary and Disability Assistance, Barbara C. 


                                                               3938

 1    Guinn.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the report of the Finance Committee, and then 

 4    please recognize Senator Krueger.

 5                 ACTING PRESIDENT BAILEY:   All those 

 6    in favor of accepting the report of the 

 7    Finance Committee signify by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT BAILEY:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT BAILEY:   The 

13    report of the Finance Committee is accepted.

14                 Senator Krueger on the nominations.

15                 SENATOR KRUEGER:   Thank you very 

16    much.

17                 So we have two nominees today that 

18    the Governor has sent us, one to be the 

19    commissioner of the Office of Children and 

20    Family Services, Dr. DaMia Harris-Madden, and the 

21    other the commissioner of the Office of Temporary 

22    and Disability Assistance, Barbara Guinn.

23                 They both moved through three 

24    committees -- or I guess two committees each, 

25    although we did it all jointly -- so the Children 


                                                               3939

 1    and Families Committee, the Social Services 

 2    Committee, and the Finance Committee.  And I'm 

 3    confident in saying about both of them that they 

 4    gained the respect of all the members of all the 

 5    committees in how they answered the questions.  

 6                 Without going into detail about each 

 7    of them and their resumes, I will tell you these 

 8    are two of the toughest jobs in government.  

 9    You're dealing with children and families where 

10    they are suffering from poverty, they may be 

11    facing eviction and homelessness, they may not 

12    have access to healthcare and childcare.  There 

13    may be cases of abuse and neglect overlapping 

14    with mental health issues in a family, or 

15    substance abuse issues in that family.  Children 

16    who have to be taken from their families and then 

17    ending up in foster care, which has its own 

18    series of problems.  

19                 And I just want to say how much I 

20    respect people who want to do this work day in, 

21    day out.  Because it is very often thankless.  

22    And very often people are angry.  They're angry 

23    at all of these things happening in our society, 

24    and sometimes people think maybe it's the fault 

25    of our government agencies because we failed.  


                                                               3940

 1                 And I admit, having done a lot of 

 2    work in these fields for my life before I became 

 3    a Senator, you often do feel like you're failing.  

 4    And you're trying hard.  But if good people don't 

 5    want to work for the State of New York, if good 

 6    people aren't willing to want to do this work 

 7    every day and in fact set off every morning to 

 8    say we're going to do the best we possibly can 

 9    for the children and families of the State of 

10    New York, then that's when we are really in 

11    trouble.

12                 So the fact that we have two 

13    excellent nominees being confirmed hopefully this 

14    afternoon gives me hope.  And that's what I try 

15    to approach my job with every day, that we will 

16    fix the mistakes, that we will do our best, and 

17    we will continue to fight the fights even when 

18    sometimes at the end of the day we're not feeling 

19    so great about what happened that day.

20                 So thank you both very much for your 

21    commitment and work.  

22                 And I hope my colleagues will join 

23    me in supporting their nominations this 

24    afternoon.

25                 Thank you, Mr. President.


                                                               3941

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Senator Krueger.

 3                 Senate Majority Leader 

 4    Stewart-Cousins on the nominations.

 5                 SENATOR STEWART-COUSINS:   Thank you 

 6    so much, Mr. President.  

 7                 And I rise to congratulate both of 

 8    our great nominees and soon-to-be commissioners, 

 9    and thank you both for being advocates and people 

10    who are absolutely dedicated to the betterment of 

11    not only all New Yorkers, but those that you will 

12    be specifically charged to take care of.

13                 But I also wanted to take this 

14    moment as a Westchester resident, as somebody who 

15    knows Dr. DaMia Harris-Madden personally and has 

16    known her for years, to say how pleased I am that 

17    you have not only been tapped for this position, 

18    but you accepted this position.  

19                 You will hear from all of us in 

20    Westchester, so I will not hog the mike, how 

21    excited we are, how we hope that the big shoes 

22    that you leave to be filled in Westchester will 

23    be filled by someone who models what you brought 

24    since you became the head of the Westchester 

25    County Youth Bureau in 2018.


                                                               3942

 1                 From everything I've heard, not only 

 2    did you chart a path that could be followed, but 

 3    you mentored your staff so that when this day 

 4    came, they would be well prepared.  And how did 

 5    you do that?  You did it by keeping focused on 

 6    the youth of our county all over the county, you 

 7    met them where they were.  And the focus was to 

 8    make sure that they would be residents of a 

 9    county that nurtured them, that they knew they 

10    were respected and nurtured, and that they would 

11    be able to lead and be role models.  

12                 You started a Children's Congress.  

13    And from what I understand, all the resources 

14    that were going into Invest in Kids, which is a 

15    huge program, everyone felt that not only did you 

16    create a structure for Invest in Kids, so that 

17    the money got to the right places for the right 

18    reasons, but you built an infrastructure so that, 

19    again, every single organization, every single 

20    community-based organization knew what they were 

21    supposed to do and how they were supposed to do 

22    it, so that we truly, truly invested in kids.

23                 When I saw you -- I guess it was 

24    probably about a year ago at yet another event 

25    that you put together, I think it was helping 


                                                               3943

 1    familiarize our kids with the various sciences 

 2    that would be available for them, and you were 

 3    talking about your own daughter and what she was 

 4    going to do -- and congratulations on her 

 5    acceptance to Spelman -- but you were really 

 6    worried about what you were going to do.  

 7                 And I said to you then, I said, you 

 8    are an extraordinarily talented person and you've 

 9    never had to worry about what you were going to 

10    do because you always did what you were given to 

11    do so very, very well.

12                 And I am happy to say I never 

13    anticipated that the Governor would wisely find 

14    you for this position, but I am happy that what I 

15    told you that day is true and will continue to be 

16    true because you, Dr. Harris-Madden, are an 

17    exceptional person, an exceptional leader, and we 

18    are very, very, very lucky to have you.

19                 I know, again, everybody is going to 

20    say something, but I believe that New York and 

21    New York's Children and Family Services will be a 

22    a better, better state-run organization and a 

23    better model of how we do this for the rest of 

24    the country with your leadership.

25                 So congratulations.


                                                               3944

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Majority Leader.

 3                 Senator Bailey on the nominations.

 4                 SENATOR BAILEY:   Thank you, 

 5    Mr. President.  

 6                 As with everything, it's very 

 7    difficult to follow our incredible Majority 

 8    Leader.  But I want to thank the Governor for 

 9    these incredible nominees, soon-to-be 

10    Commissioner Guinn and soon-to-be Commissioner 

11    Dr. Harris-Madden.  And I'm going to echo our 

12    leader's sentiments:  Mount Vernon's loss was 

13    Westchester's gain, and Westchester's loss is the 

14    state's gain.

15                 You can read her resume and you can 

16    look at the programmatic activity and you can see 

17    that in every single facet of somebody that you 

18    would want to be the commissioner of OCFS, 

19    Dr. Harris-Madden is qualified.  But what you 

20    don't see, what doesn't leap off the page are the 

21    hours poured into the children and families that 

22    she's surrounded by.  See, it's not just a job, 

23    it's not just a vocation, it's a calling for her.  

24                 And I think that the best people for 

25    these positions are people that could be doing a 


                                                               3945

 1    thousand other things, making a lot more money -- 

 2    sorry -- and quite frankly maybe having it a 

 3    little easier.  But when you're called to do 

 4    something, you answer the bell.  

 5                 And when I was able to work with you 

 6    for the first couple of years in the City of 

 7    Mount Vernon, I was amazed -- lights on in the 

 8    Youth Bureau, reducing violence, reducing gun 

 9    violence, creating relationships between 

10    communities, police and young people.  Figuring 

11    out how to actually communicate with young 

12    people.  Isn't that a novel concept?  Talking to 

13    them instead of at them.  That is something that 

14    our soon-to-be-commissioner knows how to do.  She 

15    speaks the language of our youth.  

16                 This is not going to be a 

17    commissioner that's going to speak from on high.  

18    She's going to visit, like she's done in 

19    Mount Vernon, the least of those, as they say.  

20    She's going to visit the greatest of those, as 

21    they say.  And she's going to figure out the best 

22    path to chart forward for this great state.

23                 Mount Vernon to the Westchester -- 

24    to the city -- to the entire County of 

25    Westchester tells you a lot about different 


                                                               3946

 1    groups of folks.  She can relate to anybody, 

 2    anywhere, at any time.  And so I'm excited to 

 3    have this level of leadership entering our state, 

 4    as a parent, as someone who takes children and 

 5    family very seriously, someone who takes 

 6    fatherhood very seriously.  Dr. Harris-Madden was 

 7    instrumental in making sure that fatherhood 

 8    initiatives were not forgotten in Mount Vernon 

 9    and in Westchester County.

10                 As someone who is an avid sports fan 

11    and believes that youth sports are the key to 

12    galvanizing the success, she was likely -- I 

13    think she was the first in Westchester County to 

14    make sure that the proper RFP was put out for the 

15    youth sports grants.  

16                 This is someone who understands our 

17    kids and our families, and New York State will be 

18    better with her as commissioner.

19                 Congratulations.

20                 ACTING PRESIDENT COONEY:   Thank 

21    you, Senator Bailey.

22                 Senator Persaud on the nominations.

23                 SENATOR PERSAUD:   Thank you, 

24    Mr. President.

25                 To Dr. Harris-Madden, 


                                                               3947

 1    congratulations.  I look forward to working with 

 2    you in your new role when confirmed.

 3                 But today I rise in support the 

 4    nomination of Barbara Guinn as commissioner of 

 5    the Office of Temporary and Disability 

 6    Assistance, otherwise known as OTDA, or O-ta-da, 

 7    whichever one you want to say.

 8                 Her resume demonstrates the reason 

 9    why she was selected by the Governor to be the 

10    commissioner.  She is committed to ensuring that 

11    those most in need across New York State are 

12    given what is needed.  During the pandemic, the 

13    most difficult time in the State of New York, the 

14    most difficult time for any social service 

15    agency, Ms. Guinn stepped up and did what was 

16    necessary.  

17                 She ensured that the funds that were 

18    coming into New York were going in the right 

19    direction.  She ensured that there were funds 

20    there that people were remaining housed.  She 

21    ensured that there were funds there and getting 

22    to folks that ensured that they were being fed.  

23    She ensured everything that was needed in the 

24    social services arena was being done.  And she is 

25    committed to continuing that.


                                                               3948

 1                 My team and I have worked with her.  

 2    You know, we've had the difficult conversations 

 3    that we have to have.  Many times there is this 

 4    misconception that social services is about 

 5    giving away things.  But social services is about 

 6    giving people a hand up, and she understands 

 7    that.  

 8                 And she has been willing to work 

 9    with us when asked the tough questions:  How will 

10    you do this?  How will you give the people who 

11    are most in need across the State of New York a 

12    hand up so that they are no longer reliant on 

13    government?  

14                 She understands what is needed.  She 

15    understands why we need to be working with those 

16    families so that people are not looking down on 

17    them.  Again, too often when someone is receiving 

18    social services, they are looked down on.  We're 

19    accused of giving away -- she understands that, 

20    and she understands, again, what we must do.

21                 We look forward to working with her.  

22    I know my colleagues and I on the Social Services 

23    Committee, we interviewed her, we spoke with her, 

24    we asked the tough questions.  In the committees' 

25    meeting yesterday, the questions were asked of 


                                                               3949

 1    her again.  And we understood that she was not 

 2    just giving us the answer that we wanted to hear; 

 3    she was giving us the answer that she knows we 

 4    will hold her to.

 5                 She understands it's a tough job.  

 6    And based on her track record, I am confident 

 7    that she will do the best for the people across 

 8    the State of New York who are in need of social 

 9    services.  

10                 Mr. President, again, I am pleased 

11    to vote for Ms. Guinn as the commissioner of 

12    OTDA.  Thank you.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Persaud.

15                 Senator Mayer on the nominations.

16                 SENATOR MAYER:   Thank you, 

17    Mr. President.  

18                 And I'm very pleased to stand before 

19    you in support of both of these nominations, and 

20    thank the Governor for sending us such stellar 

21    people to lead these incredibly important 

22    agencies.  

23                 But I have to add my voice as a 

24    Westchester resident for my friend 

25    Dr. Harris-Madden to be the commissioner of OCFS.  


                                                               3950

 1                 The secret is that the state has 

 2    stolen a star of Westchester.  Dr. Harris-Madden 

 3    is uniformly respected and also sort of loved 

 4    because her work comes from the heart.  It is not 

 5    about a job.  It is not about a paycheck.  It is 

 6    about a passion for the youth and the young 

 7    people of our community, and it shone through 

 8    every community that Westchester has, from 

 9    Mount Vernon and Yonkers and New Rochelle to 

10    Pound Ridge and the northern parts of our 

11    community, all of which are very different.

12                 She has led with the kind of passion 

13    and determination to change the lives of the 

14    young people and to listen to them.  And I've 

15    seen it time and time again.  

16                 One thing that I'm so appreciative 

17    of, for the first time in 30 years she created 

18    three new youth bureaus in the cities of our 

19    county that desperately needed them, including 

20    mine in Port Chester, one in Yonkers.  This sort 

21    of was given up on over the years, and yet it's a 

22    meaningful thing for these young people to have 

23    the opportunity to get together and get a job and 

24    get mentorship and get some money over the 

25    summer.  


                                                               3951

 1                 This is the kind of creative, 

 2    thoughtful, energetic leadership that we so need 

 3    in this state from our agencies.  And I just -- 

 4    in my heart of hearts I know, as the leader said, 

 5    I always knew that you were a superstar who would 

 6    succeed.  I'm so thrilled to see you in this 

 7    position.  I look forward to working with you.  

 8                 You will have strong proponents here 

 9    of things that they want for their communities, 

10    and you will deal with them responsibly and 

11    thoughtfully.  And I have so much faith in your 

12    leadership.  

13                 So I proudly vote aye on both 

14    nominations.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Brisport on the nominations.

17                 SENATOR BRISPORT:   Thank you, 

18    Mr. President.  

19                 As the chair of the Committee on 

20    Children and Families, I rise to celebrate the 

21    nomination of Dr. Harris-Madden to commissioner 

22    of OCFS -- a person who has decades of experience 

23    serving children and families.  

24                 You know, not all of us in this body 

25    were lucky enough to work with Dr. Harris-Madden 


                                                               3952

 1    in Yonkers or Mount Vernon or Westchester, but we 

 2    are lucky now.

 3                 And we have someone here who has 

 4    done incredible work on the Childcare 

 5    Availability Task Force reports.  We have an ally 

 6    in reaching universal childcare.  We have an 

 7    individual and an incoming commissioner who 

 8    understands the Frederick Douglass quote "It is 

 9    easier to build strong children than to repair 

10    broken men."

11                 We have an incoming commissioner who 

12    understands that strong families are the bedrock 

13    of our present society, and strong children are 

14    the bedrock of our future.  

15                 I have full confidence in 

16    Dr. Harris-Madden, and I look forward to 

17    confirming her nomination.

18                 Thank you.

19                 ACTING PRESIDENT BAILEY:   The 

20    question is on the resolution.  

21                 Call the roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 60.


                                                               3953

 1                 ACTING PRESIDENT BAILEY:   The 

 2    nominees are confirmed.  

 3                 Please rise and be recognized.

 4                 (Lengthy standing ovation.)

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Gianaris.

 7                 SENATOR GIANARIS:   Congratulations 

 8    to the -- not nominees, but the commissioners 

 9    now.

10                 Let's please take up the reading of 

11    the calendar.  

12                 ACTING PRESIDENT BAILEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    230, Assembly Bill Number 1234, by 

16    Assemblymember Lupardo, an act to amend the 

17    Agriculture and Markets Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               3954

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 230, those Senators voting in the 

 4    negative are Senators Canzoneri-Fitzpatrick and 

 5    Rhoads.

 6                 Ayes, 58.  Nays, 2.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    299, Senate Print 8372, by Senator Parker, an act 

11    to amend the Public Service Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

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

16    shall have become a law.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 299, those Senators voting in the 

24    negative are Senators Ashby, Borrello, 

25    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 


                                                               3955

 1    Martinez, Mattera, Murray, Oberacker, O'Mara, 

 2    Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, 

 3    Weber and Weik.

 4                 Ayes, 41.  Nays, 19.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    361, Senate Print 8373A, by Senator Rivera, an 

 9    act to amend the General Business Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.  

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.  

19                 THE SECRETARY:   In relation 

20    Calendar 361, those Senators voting in the 

21    negative are Senators Ashby, Borrello, 

22    Canzoneri-Fitzpatrick, Gallivan, Griffo, 

23    Oberacker, Stec and Weber.

24                 Ayes, 52.  Nays, 8.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               3956

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    421, Senate Print 150, by Senator Gianaris, an 

 4    act to amend the Public Officers Law.

 5                 SENATOR GIANARIS:   Lay it aside for 

 6    the day.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    will be laid aside for the day.

 9                 THE SECRETARY:   Calendar Number 

10    443, Senate Print 8344, by Senator Ramos, an act 

11    to amend the Workers' Compensation Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 443, voting in the negative are 

23    Senators Borrello and O'Mara.

24                 Ayes, 58.  Nays, 2.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               3957

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    477, Senate Print 2237B, by Senator Rivera, an 

 4    act to amend the Social Services Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 SENATOR LANZA:   Lay it aside.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    will be laid aside.

10                 THE SECRETARY:   Calendar Number 

11    495, Senate Print 4967, by Senator Jackson, an 

12    act to amend the Administrative Code of the City 

13    of New York.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 495, those Senators voting in the 

25    negative are Senators Ashby, Borrello, 


                                                               3958

 1    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

 2    Helming, Lanza, Martins, Mattera, Murray, 

 3    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 4    Rolison, Stec, Tedisco, Weber and Weik.

 5                 Ayes, 39.  Nays, 21.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    589, Senate Print 8136A, by Senator Sanders, an 

10    act in relation to establishing the New York 

11    State Cryptocurrency and Blockchain Study Task 

12    Force.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 5.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3959

 1    687, Senate Print 8627, by Senator Mannion, an 

 2    act to amend the Mental Hygiene Law and the 

 3    State Finance Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    753, Senate Print 881, by Senator Liu, an act to 

18    amend the Penal Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               3960

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    783, Senate Print 7532, by Senator Sanders, an 

 8    act to amend the Banking Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 783, those Senators voting in the 

20    negative are Senators Ashby, Borrello, 

21    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

22    Lanza, Martins, Mattera, Murray, Oberacker, 

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

24    Tedisco, Weber and Weik.

25                 Ayes, 40.  Nays, 20.


                                                               3961

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    801, Assembly Bill Number 9407A, by 

 5    Assemblymember Weprin, an act to amend the 

 6    Insurance Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect the 180th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    808, Senate Print 8903, by Senator Martinez, an 

22    act to amend the Real Property Tax Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3962

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 60.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    828, Assembly Bill Number 9849, by 

12    Assemblymember Benedetto, an act to amend the 

13    Education Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Mayer to explain her vote.

23                 SENATOR MAYER:   Thank you, 

24    Mr. President.

25                 I vote aye on this really important 


                                                               3963

 1    bill.  And this bill that we're taking up today 

 2    is the culmination of many months of good faith 

 3    engagement by every key education stakeholder in 

 4    the state.  

 5                 I'm proud to say it reflects an 

 6    agreement about our teachers and school 

 7    communities about how to move forward with 

 8    teacher and principal evaluations in a way that 

 9    prioritizes growth and our students' well-being 

10    and success.  

11                 I want to thank the many 

12    stakeholders who negotiated with one another in 

13    good faith to reach a consensus on what has been 

14    a very contentious issue for many years:  

15    Commissioner Betty Rosa and her team in the 

16    State Education Department; NYSUT, the teacher's 

17    union; the school administrators; the school 

18    superintendents; the Conference of the Big Five; 

19    the PTA; the school boards; and the school 

20    business officials.  

21                 Over the next eight years this 

22    legislation will require every district to 

23    collectively bargain a new framework for teacher 

24    and principal evaluations.  Districts will be 

25    able to design an evaluation process that makes 


                                                               3964

 1    sense for the needs of their students and their 

 2    individual communities.  The evaluations must be 

 3    holistic, including observations, and prioritize 

 4    helping teachers and administrators grow in their 

 5    roles.  Teachers who receive lower ratings will 

 6    also receive a personalized professional 

 7    development plan to help them improve.  

 8                 And finally, evaluations will be 

 9    decoupled from decisions about tenure.  While 

10    districts may consider evaluations in deciding 

11    which teachers to permanently appoint, teachers 

12    will no longer have to achieve a specific rating 

13    during their probationary period, giving 

14    districts greater flexibility and letting parents 

15    know that teaching to the test will not be the 

16    determination of their teacher's future.

17                 Under this legislation, parents will 

18    have a right to know their child's teacher and 

19    building principal's most recent composite 

20    evaluation score, providing transparency and 

21    accountability.  

22                 This bill represents a thoughtful 

23    approach to evaluating our teachers and 

24    principals and to giving our parents the 

25    authority they need.  I am proud to vote aye and 


                                                               3965

 1    thank them all for reaching a consensus in an 

 2    extremely difficult issue.

 3                 Thank you, Mr. President.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Mayer to be recorded in the affirmative.

 6                 Senator Martinez to explain her 

 7    vote.

 8                 SENATOR MARTINEZ:   Good afternoon.  

 9                 Thank you, Mr. President.  

10                 And thank you to Senator Mayer for 

11    bringing this bill forward.

12                 As a former educator and school 

13    administrator and one who observed teachers on a 

14    regular basis, this is so needed.  This bill, 

15    which proposes an amendment to the Education Law, 

16    establishes a new framework of reviews for not 

17    only our teachers but our principals, and 

18    addresses the deficiencies of a process that fell 

19    short of its intended purposes.  

20                 For teachers, much of their 

21    evaluations has been influenced by circumstances 

22    well beyond the control that they have within 

23    their classrooms, sometimes clouded by the 

24    disposition of a child that extends far beyond a 

25    classroom as well, whether there's something 


                                                               3966

 1    going on personally in that child's life at home.  

 2    But teachers should not be held accountable for 

 3    something they cannot control, and to tie a test 

 4    to a teacher's performance is just not fair.

 5                 I was a teacher as well, and I know 

 6    that when those students were in my classroom 

 7    sometimes they did not have breakfast that day.  

 8    How do we expect a child to do well on a test 

 9    when they can't even have breakfast that day?  

10                 So this is a much-needed change to 

11    the educational law, and I am proud to vote aye.

12                 Thank you.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Martinez to be recorded in the affirmative.

15                 Announce the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    892, Assembly Bill Number 7041A, by 

21    Assemblymember Sillitti, an act in relation to 

22    authorizing the Saddle Rock Minyan to file an 

23    application for retroactive real property tax 

24    exemption.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               3967

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 892, voting in the negative:  

11    Senator O'Mara.

12                 Ayes, 59.  Nays, 1.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    968, Senate Print 4876A, by Senator Stec, an act 

17    to amend the Public Authorities Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               3968

 1    the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    976, Senate Print 1818A, by Senator Stavisky, an 

 7    act to amend the Education Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    977, Senate Print 2049, by Senator Felder, an act 

22    to amend the Education Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               3969

 1    act shall take effect on the first of April.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 60.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    982, Senate Print 5914B, by Senator Chu, an act 

12    to amend the Education Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 3.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               3970

 1                 THE SECRETARY:   Calendar Number 

 2    988, Senate Print 62, by Senator Harckham, an act 

 3    to amend the Public Health Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    shall have become a law. 

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    990, Senate Print 985, by Senator Rivera, an act 

19    to amend the Public Health Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect on the first of January.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               3971

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 Senator Gianaris, that completes the 

 8    reading of the noncontroversial calendar.

 9                 SENATOR GIANARIS:   Let's move on to 

10    the controversial calendar, please.  

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will ring the bell.

13                 The Secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    477, Senate Print 2237B, by Senator Rivera, an 

16    act to amend the Social Services Law.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Murray, why do you rise?

19                 SENATOR MURRAY:   Thank you, 

20    Mr. President.  Will the sponsor yield for a few 

21    questions?  

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR RIVERA:   I do indeed.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3972

 1    sponsor yields.  

 2                 SENATOR MURRAY:   Thank you.  

 3                 Now, this bill proposes to authorize 

 4    the Commissioner of Health to modify the 1332 

 5    State Innovation Program to authorize coverage of 

 6    undocumented immigrants under the age of 65.  Do 

 7    you have an estimate of how many individuals 

 8    would be covered under this proposal?  

 9                 I know the sponsor's memo estimated 

10    about 400,000, but that number wasn't updated 

11    from last year.  Do you have a more recent 

12    number, or an idea?

13                 (Pause.) 

14                 SENATOR RIVERA:   Through you, 

15    Mr. President.  It is -- an undocumented 

16    population is hard to count in exact numbers, 

17    obviously, but we have pretty -- the numbers that 

18    you have are about what we're talking about.  

19    Between 370 and 400 grand is what we think.

20                 SENATOR MURRAY:   Would the sponsor 

21    continue to yield? 

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR RIVERA:   Yes.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3973

 1    sponsor yields.

 2                 SENATOR MURRAY:   Thank you.  

 3                 And Senator, last year we had 

 4    basically the same discussion, and you indicated 

 5    that this would not cost the state anything.  Is 

 6    that correct?  How would it be paid for?

 7                 SENATOR RIVERA:   Through you, 

 8    Mr. President.  To clarify, to actually take a 

 9    couple of steps back, what this bill would do is 

10    it would expand the 1332 waiver language that 

11    currently exists.  It would say that the state 

12    should seek from the federal government money 

13    that then we would use to expand the Essential 

14    Plan to undocumented folks.  

15                 And it is important to linger on 

16    this, Mr. President, because currently -- just so 

17    that we understand each other, in 2023 the most 

18    recent numbers tell us that individuals who were 

19    undocumented but because, as I've said on this 

20    floor many times, they're still people, so they 

21    will get sick and they will wind up, if they have 

22    no insurance or no other way to get medical 

23    coverage, they will wind up in emergency rooms.  

24    And they do wind up in emergency rooms.  

25                 So although not every single person 


                                                               3974

 1    that is -- that does not have insurance and winds 

 2    up in an emergency room is an undocumented 

 3    person, a whole bunch of them are.  

 4                 And just last year, in 2023, the 

 5    numbers say that in state share alone, if we're 

 6    going to talk just about that, we're talking 

 7    about $428 million of state expenditure.

 8                 So if we are to use federal money to 

 9    extend the Essential Plan, therefore providing 

10    basic health coverage to undocumented folks -- 

11    the same individuals who would potentially maybe 

12    wind up in an emergency room -- we would save 

13    ourselves all of those dollars.  So we're looking 

14    at a savings, potentially, of up to $428 million.

15                 SENATOR MURRAY:   Would the sponsor 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR RIVERA:   Indeed.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR MURRAY:   And, Senator, this 

23    proposal, if I remember correctly, was in the 

24    Senate one-house budget proposal with a price tag 

25    of about 175 million.  Was that about right?


                                                               3975

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President.  It was included in the one-house, 

 3    but I believe that the savings that we were 

 4    looking at in the one-house proposal was about 

 5    $428 million.

 6                 SENATOR MURRAY:   Would the sponsor 

 7    continue to yield.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield? 

10                 SENATOR RIVERA:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.  

13                 SENATOR MURRAY:   But to clarify, in 

14    the one-house budget, there was 175 million 

15    allocated in the one-house budget.

16                 (Pause.)

17                 SENATOR RIVERA:   That is correct, 

18    Mr. President.  Through you, Mr. President, that 

19    is correct because that refers to an 

20    implementation date.  

21                 So we calculated -- even though the 

22    overall cost, including federal share, would be 

23    about 800 million total annually, based on the 

24    date that it would potentially be implemented, we 

25    had proposed 175 million to be appropriated in 


                                                               3976

 1    that -- in the proposals that we put into the 

 2    one-house.

 3                 SENATOR MURRAY:   Thank you, 

 4    Senator Rivera.

 5                 Mr. President, on the bill, please.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Murray on the bill.

 8                 SENATOR MURRAY:   Thank you.

 9                 So as we -- I said earlier we had 

10    this discussion last year, kind of back and 

11    forth.  I understand where you're coming from.  

12    But I want to point out a couple of things here.  

13                 First, that Washington State -- and 

14    I brought this up last year as well -- Washington 

15    State had secured a 1332 waiver permitting 

16    undocumented immigrants to get the healthcare 

17    coverage.  However, federal law says they 

18    couldn't use federal money to do it.  So it ended 

19    up that they ended up spending about 55 million 

20    of state tax dollars on that proposal.

21                 I just want to remind everyone of 

22    one very, very important aspect here.  You know, 

23    we're throwing around numbers saying it's not 

24    going to cost us, it's going to save us, it's 

25    going to do this, it's going to do that.


                                                               3977

 1                 First and foremost, we have to 

 2    remember this.  Whether we're talking about 

 3    federal tax dollars through the 1332 waiver 

 4    program or whether we're talking about state tax 

 5    dollars, at the end of the day it is the 

 6    taxpayers' money we are spending here.  

 7                 Now, this problem we're trying to 

 8    address is mostly a federal immigration problem 

 9    that needs to be fixed.  With that said, though, 

10    we continually hit the taxpayers over and over 

11    again, as I said, whether it be federal -- on the 

12    federal side or in this case it will be on the 

13    state side as well.  

14                 And for that reason, I will be 

15    voting no.  Thank you.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Rhoads, why do you rise?

18                 SENATOR RHOADS:   Thank you, 

19    Mr. President.  Will the sponsor yield to a few 

20    questions.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield? 

23                 SENATOR RIVERA:   Do it.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               3978

 1                 SENATOR RHOADS:   Thank you.  

 2    Through you, Mr. President.  

 3                 Senator, do you have an estimate of 

 4    what the cost would be to the state without 

 5    federal financial participation?  In other words, 

 6    we're extending this first and then hoping to be 

 7    reimbursed by the state -- by the federal 

 8    government.

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President.  I have to remind my colleagues, 

11    they seem to forget, we are already spending this 

12    money.  The $800 million that we're speaking 

13    about, we're already spending it.  

14                 Unless the suggestion of any of my 

15    colleagues -- and I don't think that it is.  But 

16    if the suggestion of any of my colleagues is that 

17    if an undocumented person comes into an emergency 

18    room and has no health coverage then they should 

19    be left on the street to die, then we're going to 

20    spend this money.  

21                 So this is what I want to make sure 

22    that everybody that has voted no on this bill 

23    before, and will probably do so again today -- 

24    remember, we are already spending this money.  

25    We're already spending the state share.  So as 


                                                               3979

 1    opposed to that, we would ask the federal 

 2    government to give us -- yes, it is taxpayer 

 3    dollars at the federal level, but it is then to 

 4    extend the Essential Plan, which would at least 

 5    allow these individuals to not just rely on 

 6    emergency care, but potentially, Mr. President, 

 7    even perhaps get primary care so that they don't 

 8    have to go to the emergency room because they 

 9    have this pain in their stomach for the last 

10    couple of months.  

11                 So ultimately what we're saying is 

12    that we're already spending this money, over 

13    $800 million.  And instead of doing that and then 

14    putting it into our budget, we would say to the 

15    feds -- which they already said they would do it 

16    if we asked for it -- give us this money so we 

17    can extend the Essential Plan to these folks and 

18    provide them essential care.

19                 SENATOR RHOADS:   Will the sponsor 

20    continue to yield?

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR RIVERA:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               3980

 1                 SENATOR RHOADS:   Through you, 

 2    Mr. President.  That wasn't my question, unless 

 3    the suggestion is that the $800 million that 

 4    we're currently spending would be entirely on 

 5    undocumented immigrants.

 6                 SENATOR RIVERA:   Through you, 

 7    Mr. President.  So the answer is no, the 

 8    Emergency Medicaid money that we spend on a 

 9    yearly basis is not totally for undocumented 

10    folks.  But a very big chunk of it is.

11                 SENATOR RHOADS:   Through you, 

12    Mr. President, will the sponsor yield to another 

13    question.  

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR RIVERA:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR RHOADS:   So what is the 

20    actual anticipated cost through this program if 

21    the federal government does not grant the waiver?

22                 SENATOR RIVERA:   Through you, 

23    Mr. President.  What we are spending now, which 

24    would be to the tune of 428 million state 

25    dollars.  Which is what we spent in 2023.


                                                               3981

 1                 SENATOR RHOADS:   Thank you.  Will 

 2    the sponsor continue to yield.  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR RIVERA:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR RHOADS:   Now, federal 

 9    administrations change.  You've indicated that 

10    you have gotten, I guess, preauthorization for a 

11    waiver.  Because to my knowledge we haven't 

12    applied for the waiver as of yet, nor has the 

13    waiver been granted to the state.  Right?  

14                 Is there any concern that if there 

15    is a change in administration, this agreement 

16    that we seem to have with the federal government 

17    might somehow change?

18                 SENATOR RIVERA:   Through you, 

19    Mr. President.  To be clear, we do not have an 

20    agreement.

21                 However, last year when we were 

22    having the conversation about this issue during 

23    the budget, we sent -- the Legislature -- I sent 

24    a letter to -- well, the administration, the 

25    Governor's office sent a letter to the federal 


                                                               3982

 1    administration, as did I.  And there was a 

 2    response that came both to them and to the letter 

 3    that I sent, stating very clearly that should -- 

 4    that this is an authority that they would grant 

 5    if we asked for it.  

 6                 And by the way, I should -- I should 

 7    say something to correct something that one of my 

 8    colleagues said earlier.  Washington did get this 

 9    waiver.  And Washington's waiver allowed the 

10    state to expand eligibility for qualified health 

11    plans, including dental coverage, to all state 

12    residents regardless of immigration status, and 

13    over 100,000 individuals within the state are 

14    currently excluded from coverage because of their 

15    immigration status, so that accounts for about 23 

16    percent of the state's uninsured population.  So 

17    that program is estimated to generate over 

18    $11 million in savings to Washington State.  

19                 So unlike what my colleague said 

20    earlier, they did get this waiver and they will 

21    have the savings.

22                 So again, in this case -- through 

23    you, Mr. President -- this is -- the savings that 

24    would come to us would be because we wouldn't be 

25    spending state dollars for it, we'd be getting 


                                                               3983

 1    federal money for it.

 2                 SENATOR RHOADS:   I think I followed 

 3    that.  Will the sponsor yield to another 

 4    question, Mr. President.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield? 

 7                 SENATOR RIVERA:   Yeah.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR RHOADS:   However, the money 

11    that Washington State received -- the 

12    authorization that Washington State received 

13    specifically excluded the undocumented 

14    population.  So Washington State, as I understand 

15    it, received no dollars for the same undocumented 

16    population that we're seeking to cover here, 

17    approximately 400,000 individuals.  Is that not 

18    correct?

19                 SENATOR RIVERA:   Through you, 

20    Mr. President, that is not correct.  They were 

21    granted pass-through authority.  

22                 And by the way, just to be clear, 

23    obviously the number that you're referring to as 

24    far as between 370,000 and 400,000 individuals, 

25    that would be the population that we -- that 


                                                               3984

 1    refers to New York State.  I'm pretty sure that 

 2    the Washington State population of undocumented 

 3    folks is way, way below that.

 4                 SENATOR RHOADS:   I'm sure it is.  

 5                 Will the sponsor yield to an 

 6    additional question.  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR RIVERA:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR RHOADS:   But I am correct 

13    in that we're estimating that it's between 

14    370,000 and 400,000 people.  We actually have no 

15    idea how many undocumented immigrants are 

16    actually here.

17                 SENATOR RIVERA:   Through you, 

18    Mr. President.  We do have an idea.  

19                 It is true that we do not have a 

20    count of every single person -- much like, I 

21    should add, Mr. President, we do not have 

22    absolute certainty of every single citizen that 

23    lives in the United States of America.  Because 

24    even people who are citizens or who have legal 

25    status and are not undocumented don't all get 


                                                               3985

 1    counted during the Census.  So it's not a -- we 

 2    don't literally go into each house and county 

 3    every single -- we try to do that, but we don't 

 4    actually get everybody.

 5                 So yes, these are estimates, these 

 6    are educated estimates from folks who are far 

 7    smarter than me.

 8                 SENATOR RHOADS:   Thank you, 

 9    Senator.  

10                 On the bill.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Rhoads on the bill.

13                 SENATOR RHOADS:   Thank you, 

14    Mr. President.  I appreciate it.

15                 There are -- we're not the only 

16    state that has attempted to take this step.  

17    We've spoken about Washington.  Washington State 

18    actually secured a 1332 waiver permitting 

19    undocumented immigrants to enroll directly 

20    through the ACA Marketplace, but the waiver does 

21    not and cannot under federal law allow 

22    undocumented residents to receive federal 

23    Marketplace subsidies.

24                 As a result, the State of Washington 

25    is providing up to $250 per month in premium 


                                                               3986

 1    assistance for those with incomes up to 

 2    250 percent of the federal poverty level.  

 3                 You look at Colorado Connect, the 

 4    state-run marketplace, another state that 

 5    attempted to do this, separate from the state's 

 6    ACA marketplace.  In 2023, federal funding only 

 7    permitted 10,000 undocumented to enroll in a 

 8    plan.  In 2024, subsidized enrollment reached the 

 9    11,000-person cap in just the first two days of 

10    enrollment.  Those that enrolled after that date 

11    still receive coverage but had to pay full price 

12    for a plan.  

13                 We're talking about attempting to 

14    insure upwards of 370,000 to 400,000 individuals.  

15                 Illinois extended state-funded 

16    coverage to low-income individuals age 65 and 

17    over regardless of their immigration status 

18    through its Health Benefits for Immigrant Seniors 

19    program in December of 2020.  Coverage was 

20    extended to low-income immigrants age 42 to 64 

21    regardless of immigration status through their 

22    HBIA program in 2022.  But as of March 2024, this 

23    year, Illinois has paused enrollment for both the 

24    HBIS and HBIA programs due to funding constraints 

25    because the federal government did not follow 


                                                               3987

 1    through with the dollars.  

 2                 And so the concern here is that we 

 3    are making the same mistake that a number of 

 4    these states have already made, which is that 

 5    we're relying on promises -- and in this case I'm 

 6    not sure that we even have a promise; we have 

 7    correspondence that's gone back-and-forth without 

 8    a formal application ever having been made or a 

 9    formal response ever having been received -- we 

10    are taking this leap of faith to provide coverage 

11    to 400,000 undocumented immigrants without any 

12    realistic hope that we will receive full funding 

13    from the federal government.  

14                 At some point in time we have to be 

15    respectful of taxpayer dollars.  At some point in 

16    time we have to realize that we have a million 

17    New Yorkers who are paying taxes every single day 

18    who do not have health coverage while they will 

19    be paying to provide health coverage to 400,000 

20    illegal immigrants who do not have status in this 

21    country.

22                 That is why, Mr. President, I will 

23    again -- as I did last year, but this time with 

24    further evidence of the fallacy of this 

25    program -- I will be voting in the negative.


                                                               3988

 1                 Thank you.

 2                 ACTING PRESIDENT BAILEY:   Are there 

 3    any other Senators wishing to be heard?

 4                 Senator Rivera.  On the bill, or to 

 5    explain your vote, Senator Rivera?

 6                 SENATOR RIVERA:   I think I need 

 7    more than two minutes.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Rivera on the bill.

10                 SENATOR RIVERA:   Yeah.  Okay.  So  

11    I want -- there's a couple of things I want to 

12    make sure that I clarify.  

13                 So first of all, let's remember -- 

14    and this is something that I want to make sure 

15    that you do not forget -- we are already spending 

16    this money.  We are already spending this money.

17                 What we're proposing here is, yes, 

18    certainly a potential -- I mean, we don't know -- 

19    I don't know if I'm going to wake up tomorrow.  

20    So certainly there's no guarantees in life.  

21                 So it is true that we don't have 

22    like a rock-hard like completely, absolutely 

23    1,000 percent security that we're going to get 

24    this money.  However, we have -- the fact that -- 

25    the way that this works, by the way, it refers to 


                                                               3989

 1    the waiver actually provides us with money that 

 2    accrues over time.  And the issue here is that we 

 3    need permission, we need special permission to be 

 4    able to use this money that accrues.  And I've 

 5    been told by some of the folks here that in a 

 6    five-year period we're looking at maybe a 

 7    $7 billion surplus.  So this is money that we 

 8    would have available to us, but to be able to use 

 9    it in creative ways we have to get permission, 

10    which is where the waiver comes from.  So that's 

11    number one.

12                 Number two, there is authority that 

13    is built into the bill that would give the 

14    Department of Health and the Commissioner of 

15    Health the ability to determine -- to limit how 

16    many folks it would actually be available to.  So 

17    it doesn't -- so yes, there are, we think, 

18    between 370,000 and 400,000 dollars -- I'm sorry, 

19    370,000 and 400,000 individuals who are 

20    undocumented who potentially could benefit from 

21    this.  

22                 But there is no -- there is nothing 

23    to say that every single one of those folks would 

24    be covered.  The Department of Health could make 

25    determinations as the program proceeds that if 


                                                               3990

 1    they make -- that they say that there's something 

 2    that we might need to be careful and we only need 

 3    to extend it to, say, 100,000 people, than that's 

 4    what they will do.  They have the authority to do 

 5    so.  So nothing says that they can't.

 6                 Furthermore, we have to remember 

 7    that ultimately what we're talking about here is 

 8    it is factual, yes, that there are many people 

 9    who are documented who don't have coverage.  I 

10    would encourage you, sir, that if you are truly, 

11    truly concerned about this, that you join me in 

12    making sure that we pass the New York Health Act, 

13    which would guarantee coverage to every single 

14    person, which would guarantee healthcare, period, 

15    to every single New Yorker and finally bring this 

16    state and hopefully the rest of the country 

17    eventually out of this darkness that we live in, 

18    in which we live in the grips of insurance 

19    companies, which is what happens -- you know, I 

20    won't go off on a tangent on that one.

21                 As it refers to this in particular, 

22    we're talking about individuals, hundreds of 

23    thousands of them, who are undocumented, who are 

24    winding up in emergency rooms because they're 

25    human, because they get sick, because they don't 


                                                               3991

 1    have insurance coverage so they can't go to a 

 2    dentist, they can't go to a primary care doctor.  

 3    If they did, if they had the money out of their 

 4    pocket -- but they don't.  They hold on to it 

 5    until the very end.  And when they're bleeding 

 6    out of some hole in their body, they wind up in 

 7    the emergency room, and we are already paying for 

 8    it.

 9                 So as opposed to that, 

10    Mr. President, as opposed to having hundreds of 

11    millions of state dollars go to that, the feds -- 

12    the federal government told us -- and again, not 

13    a thousand percent certainty, but they told us as 

14    much:  You can actually ask us for authority to 

15    use money that you already have left over to 

16    actually provide -- to extend the Essential Plan 

17    to these individuals.  

18                 And I believe that we should do 

19    that.  Even if we can save $10 million, even if 

20    the savings are that, that would be $10 million 

21    less in the enormous budget that we have in the 

22    State of New York.

23                 But I'm saying that I believe we can 

24    save hundreds of millions of dollars.  Why don't 

25    we try it?  So I'm saying not only to my 


                                                               3992

 1    colleagues, but certainly to our Governor, 

 2    Governor Hochul -- I've said it many times -- you 

 3    have it in your hands to actually seek this out.  

 4    So let's pass this bill, let's pass it with my 

 5    colleagues in the Assembly, let's get it signed, 

 6    and let's go see how much we can get.  Maybe we 

 7    can get only a couple of million dollars.  I bet 

 8    you, though, that we can get far more than that 

 9    point.  

10                 And regardless, we will then put 

11    less pressure on the state government's budget 

12    and still provide the essential care.  Because 

13    right now they're just getting emergency care, 

14    Mr. President.  It's not anything like an 

15    insurance plan.  It's just the bare minimum to be 

16    able to pay for it.

17                 So how about we extend the Essential 

18    Plan to these individuals?  I believe we should 

19    do it.  And that's why I'll be voting in the 

20    affirmative.  Thank you.

21                 ACTING PRESIDENT BAILEY:   Are there 

22    any other Senators wishing to be heard? 

23                 Senator Krueger, why do you rise?

24                 SENATOR KRUEGER:   Would the sponsor 

25    please yield for a couple of questions.


                                                               3993

 1                 ACTING PRESIDENT BAILEY:   Will the 

 2    sponsor yield? 

 3                 SENATOR RIVERA:   I will.

 4                 SENATOR KRUEGER:   Thank you.  

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR KRUEGER:   So as I 

 8    understand it, you're explaining to us we have 

 9    this money from the federal government, we can't 

10    use it unless we pass this law.  If we pass this 

11    law, we still need them to give us a waiver.  But 

12    if they say yes -- and since we have letters 

13    saying they would, that we would then be able to 

14    use this money instead of other funds the state 

15    is spending on more expensive emergency care for 

16    people without documentation now.

17                 Am I understanding you correctly?  

18                 SENATOR RIVERA:   Through you, 

19    Mr. President.  And very much conceding that you 

20    are a far smarter fiscal person than me, the 

21    answer is yes.

22                 SENATOR KRUEGER:   Thank you.

23                 And through you, Mr. President, if 

24    the sponsor would continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               3994

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR KRUEGER:   As I understand 

 6    it, if they didn't give us the waiver and we 

 7    couldn't draw down that money, there's nothing in 

 8    this bill that obligates the State Department of 

 9    Health to put all these people on state-paid-for 

10    insurance plans, am I correct?

11                 SENATOR RIVERA:   Through you, 

12    Mr. President, that is also correct.

13                 SENATOR KRUEGER:   Thank you.  

14                 Through you, Mr. President, if the 

15    sponsor would continue to yield.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR RIVERA:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.  

21                 SENATOR KRUEGER:   Are there -- it 

22    was said on this floor that there are a million 

23    New Yorkers without health insurance, I'm 

24    assuming exclusive of undocumented.  Is that 

25    correct?  I was quite surprised to hear that 


                                                               3995

 1    number.

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, that is roughly a correct number, 

 4    yes.

 5                 SENATOR KRUEGER:   That we still 

 6    have a million New Yorkers who don't have health 

 7    insurance policies but have legal status.

 8                 SENATOR RIVERA:   Through you, 

 9    Mr. President, yes.

10                 SENATOR KRUEGER:   Okay, thank you.  

11    So we have more work to do.

12                 Through you, Mr. President, if the 

13    sponsor would continue to yield for another 

14    question.

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield?

17                 SENATOR RIVERA:   Yes.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.  

20                 SENATOR KRUEGER:   Do my 

21    constituents who are legally here, living here, 

22    face risk from people who don't get access to 

23    medical care and have to go in on an emergency 

24    basis after they've already been sick for a long 

25    time?


                                                               3996

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President.  The answer is absolutely yes.  

 3                 The reality is that there's -- that 

 4    we're not just talking about certainly the cases 

 5    that I think about most immediately are, say, a 

 6    condition where someone, God forbid, breaks a 

 7    limb or has some sort of heart attack or what 

 8    have you.

 9                 But there are plenty of conditions 

10    that could actually make everybody else's life 

11    worse, plenty of conditions that are -- where 

12    somebody might be contagious and situations that 

13    they don't have the ability to do anything but 

14    just wait until they can no longer withstand the 

15    pain or the discomfort and then go to the 

16    emergency room.

17                 So yes, having people among us in 

18    our society who are sick and don't have access to 

19    any type of care not only makes their life worse, 

20    it certainly makes the rest of our lives worse.

21                 SENATOR KRUEGER:   Through you, 

22    Mr. President, on the bill.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Krueger on the bill.

25                 SENATOR KRUEGER:   So we are sitting 


                                                               3997

 1    on federal money we can't use for anything else 

 2    and they would likely take back at some point if 

 3    we don't use.

 4                 We could use it, with their 

 5    permission, to take care of people's health 

 6    concerns, which is a win for us because then we 

 7    won't be drawing down state money to take care of 

 8    them.  But it won't require us to overspend, 

 9    because that's not what this bill does.  It will 

10    increase the public's health to have fewer sick 

11    people, to have fewer people who have to go to 

12    emergency care, the most expensive kind of care, 

13    because we didn't provide them any kind of 

14    preventive care or care that prevents other 

15    illnesses from happening.

16                 I see this as a total win for all of 

17    our constituents and the State Budget and the 

18    improvement in state public health with frankly 

19    no risk.  I can't imagine why somebody would vote 

20    against this.  I will certainly vote for it.

21                 Thank you, Mr. President.

22                 ACTING PRESIDENT BAILEY:   Are there 

23    any other Senators wishing to be heard?

24                 Senator Borrello, why do you rise?  

25                 SENATOR BORRELLO:   On the bill, 


                                                               3998

 1    Mr. President.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Borrello on the bill.

 4                 SENATOR BORRELLO:   You know, 

 5    New York State unfortunately is bad at a lot of 

 6    things, but probably something that we are the 

 7    worst at is learning from other people's 

 8    mistakes.  

 9                 And what we hear here is that 

10    Washington, Illinois, other states did this, and 

11    Illinois just said we had to pause the 

12    enrollment.

13                 At what point do we say there's an 

14    issue here?  The issue is we continue to draw 

15    people from around the world to come to 

16    New York State because we continue to make it 

17    better and better for them to come here at the 

18    expense of the taxpayers.  

19                 Now, the argument was brought up 

20    that these people aren't going to go to the 

21    emergency room if they have healthcare coverage.  

22    Speak to any hospital, whether it's in New York 

23    City or in my district, and they will tell you 

24    that the biggest problem that they have is people 

25    on Medicaid using the emergency room as if it's 


                                                               3999

 1    their primary care physician.  It blocks up, it 

 2    clogs up our emergency rooms, it costs a lot of 

 3    money.  Because there is no constraint, they can 

 4    just walk in for the sniffles or a hangnail and 

 5    be treated.  Because it's Medicaid.  Because they 

 6    have no obligation to pay for it.  

 7                 At some point we have to say we're 

 8    going to roll up the welcome mat.  At some point 

 9    we have to say New York is not going to be the 

10    landing spot for anyone in the world that wants 

11    to come to the United States and live off the 

12    taxpayers.  That's what this bill will do, and 

13    that's why we have to vote no.

14                 Thank you.

15                 ACTING PRESIDENT BAILEY:   Are there 

16    any other Senators wishing to be heard?

17                 Seeing and hearing none, the debate 

18    is closed.

19                 The Secretary will ring the bell.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Mr. President, 

22    we've agreed to restore this to the 

23    noncontroversial calendar.

24                 ACTING PRESIDENT BAILEY:   Upon 

25    consent, we've agreed to restore it to the 


                                                               4000

 1    noncontroversial calendar.

 2                 Read the last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect on the same date and in the 

 5    same manner as Section 3 of Part H of Chapter 57.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.  

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 477, those Senators voting in the 

13    negative are Senators Ashby, Borrello, 

14    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

15    Helming, Lanza, Martins, Mattera, Murray, 

16    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

17    Rolison, Stec, Tedisco, Weber and Weik.

18                 Ayes, 40.  Nays, 21.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 Senator Gianaris, that completes 

22    reading of today's calendar.

23                 SENATOR GIANARIS:   Thank you.  

24                 Returning to motions for a moment, 

25    on behalf of Senator Addabbo, on page 56 I offer 


                                                               4001

 1    the following amendments to Calendar Number 886, 

 2    Senate 8553B, and ask that said bill retain its 

 3    place on the Third Reading Calendar.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    amendments are received, and the bill will retain 

 6    its place on the Third Reading.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Is there any 

 9    further business at the desk?

10                 ACTING PRESIDENT BAILEY:   There is 

11    no further business at the desk.

12                 SENATOR GIANARIS:   I move to 

13    adjourn until tomorrow, Thursday, May 16th, at 

14    11:00 a.m.

15                 ACTING PRESIDENT BAILEY:   On 

16    motion, the Senate stands adjourned until 

17    Thursday, May 16th, at 11:00 a.m.

18                 (Whereupon, at 5:18 p.m., the Senate 

19    adjourned.)

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