Regular Session - January 25, 2022

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 25, 2022

11                      3:51 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT MAYER:   In the 

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

10    moment of silent reflection or prayer, in memory 

11    of Officer Jason Rivera and Officer Wilbert Mora, 

12    two NYPD officers who lost their lives in service 

13    to their city and to our state.  

14                 We offer our deepest condolences to 

15    their families and loved ones, and we have a 

16    moment of silence in their honor.  

17                 (Whereupon, the assemblage respected 

18    a moment of silence.)

19                 ACTING PRESIDENT MAYER:   The 

20    reading of the Journal.

21                 THE SECRETARY:   In Senate, Monday, 

22    January 24, 2022, the Senate met pursuant to 

23    adjournment.  The Journal of Sunday, January 23, 

24    2022, was read and approved.  On motion, Senate 

25    adjourned.


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 1                 ACTING PRESIDENT MAYER:   Without 

 2    objection, the Journal stands approved as read.

 3                 Presentation of petitions.

 4                 Messages from the Assembly.

 5                 The Secretary will read.

 6                 THE SECRETARY:   Senator Breslin 

 7    moves to discharge, from the Committee on Rules, 

 8    Assembly Bill Number 8698 and substitute it for 

 9    the identical Senate Bill 7768, Third Reading 

10    Calendar 141.

11                 ACTING PRESIDENT MAYER:   So 

12    ordered.

13                 THE SECRETARY:   Senator May moves 

14    to discharge, from the Committee on Rules, 

15    Assembly Bill Number 8799 and substitute it for 

16    the identical Senate Bill 7779, Third Reading 

17    Calendar 150.

18                 ACTING PRESIDENT MAYER:   So 

19    ordered.

20                 THE SECRETARY:   Senator Skoufis 

21    moves to discharge, from the Committee on Rules, 

22    Assembly Bill Number 8726 and substitute it for 

23    the identical Senate Bill 7785, Third Reading 

24    Calendar 154.

25                 ACTING PRESIDENT MAYER:   So 


                                                               365

 1    ordered.

 2                 THE SECRETARY:   Senator Sanders 

 3    moves to discharge, from the Committee on Rules, 

 4    Assembly Bill Number 8771 and substitute it for 

 5    the identical Senate Bill 7793, Third Reading 

 6    Calendar 160.

 7                 ACTING PRESIDENT MAYER:   So 

 8    ordered.

 9                 THE SECRETARY:   Senator Comrie 

10    moves to discharge, from the Committee on Rules, 

11    Assembly Bill Number 8763 and substitute it for 

12    the identical Senate Bill 7802, Third Reading 

13    Calendar 168.

14                 ACTING PRESIDENT MAYER:   So 

15    ordered.

16                 THE SECRETARY:   Senator Parker 

17    moves to discharge, from the Committee on Rules, 

18    Assembly Bill Number 8690 and substitute it for 

19    the identical Senate Bill 7815, Third Reading 

20    Calendar 179.

21                 ACTING PRESIDENT MAYER:   So 

22    ordered.

23                 THE SECRETARY:   Senator Comrie 

24    moves to discharge, from the Committee on Rules, 

25    Assembly Bill Number 8794 and substitute it for 


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 1    the identical Senate Bill 7822, Third Reading 

 2    Calendar 185.

 3                 ACTING PRESIDENT MAYER:   So 

 4    ordered.

 5                 Messages from the Governor.

 6                 Reports of standing committees.

 7                 Reports of select committees.

 8                 Communications and reports from 

 9    state officers.

10                 Motions and resolutions.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Madam President, 

13    on page 13 I offer the following amendments to 

14    Calendar Number 122, Senate Print 7453, by 

15    Senator Krueger, and ask that said bill retain 

16    its place on Third Reading Calendar.

17                 ACTING PRESIDENT MAYER:   The 

18    amendments are received, and the bill will retain 

19    its place on the Third Reading Calendar.

20                 SENATOR GIANARIS:   Madam President, 

21    on behalf of Senator Myrie, I wish to call up 

22    Senate Print 284A, recalled from the Assembly, 

23    which is now at the desk.

24                 ACTING PRESIDENT MAYER:   The 

25    Secretary will read.  


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 1                 THE SECRETARY:   Calendar Number 2, 

 2    Senate Print 284A, by Senator Myrie, an act to 

 3    amend the Election Law.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 THE SECRETARY:   Ayes, 62.  

 8                 SENATOR GIANARIS:   I take it that 

 9    that was the vote to reconsider the vote by which 

10    the bill was passed.  

11                 Madam President, I now offer the 

12    following amendments.

13                 ACTING PRESIDENT MAYER:   The 

14    amendments are received.

15                 SENATOR GIANARIS:   Now at this 

16    time, Madam President, I move to adopt the 

17    Resolution Calendar, with the exception of 

18    Resolutions 1716 and 1718.

19                 ACTING PRESIDENT MAYER:   All those 

20    in favor of adopting the Resolution Calendar, 

21    with the exception of Resolutions 1716 and 1718, 

22    please signify by saying aye.

23                 (Response of "Aye.")

24                 ACTING PRESIDENT MAYER:   Opposed, 

25    nay.


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 1                 (No response.)

 2                 ACTING PRESIDENT MAYER:   The 

 3    Resolution Calendar is adopted.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Thank you, 

 6    Madam President.

 7                 Can we now take up Resolution 1716, 

 8    by Senator Mannion, read that resolution's title 

 9    only, and recognize Senator Mannion.

10                 ACTING PRESIDENT MAYER:   The 

11    Secretary will read.

12                 THE SECRETARY:   Senate Resolution 

13    1716, by Senator Mannion, congratulating Susan 

14    Constantino upon the occasion of her retirement 

15    after 33 years of distinguished service to 

16    Cerebral Palsy Associations of New York State.  

17                 ACTING PRESIDENT MAYER:   Senator 

18    Mannion on the resolution.

19                 SENATOR MANNION:   Thank you, 

20    Madam President.  

21                 I rise to recognize the immeasurable 

22    contributions to the people of the State of 

23    New York by Susan Constantino.  She is retiring 

24    after 33 years of distinguished service to the 

25    Cerebral Palsy Associations of New York State and 


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 1    a lifetime of helping others and improving lives.  

 2                 Sue has long been one of the 

 3    fiercest and most effective advocates for people 

 4    with disabilities.  Her lifetime of service began 

 5    in Buffalo in the 1980s.  It was there that she 

 6    quickly recognized how technology and the dawn of 

 7    home computers could aid people with 

 8    disabilities, and the "Special Friends and 

 9    Computers" program was born.  

10                 She has served on countless 

11    commissions, councils and task forces, leaving a 

12    positive and indelible mark.  When you ask Susan 

13    Constantino for help for someone that has a 

14    disability, the answer is always yes.  

15                 Before the pandemic, she fought to 

16    bring telemedicine to the many New Yorkers who 

17    might have difficulty making doctor's 

18    appointments and needed other services.  And 

19    during the pandemic, Susan went well above and 

20    well beyond to ensure folks got the services that 

21    they needed, and that they were going to be okay.

22                 For Susan Constantino it was always 

23    personal.  It was never just a job.  That's why 

24    she spearheaded the opening of five federally 

25    qualified health centers in New York City, and 


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 1    that's why she is the epitome of doing more with 

 2    less.

 3                 Despite cuts and inadequate funding, 

 4    she developed and grew programs, including 

 5    community living opportunities, early 

 6    intervention, special education, and family 

 7    support services.

 8                 Her decades of advocacy laid the 

 9    groundwork and highlighted the need for a 

10    separate Senate Standing Committee on 

11    disabilities that I am honored to chair.

12                 Madam President, if we had more Sue 

13    Constantinos in the world, it surely would be a 

14    better place.  

15                 My most heartfelt congratulations to 

16    Sue on her retirement, and my deep, deep thanks 

17    for all of her wise counsel and friendship.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT MAYER:   The 

20    question is on the resolution.  All in favor 

21    signify by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT MAYER:   Opposed?  

24                 (No response.)

25                 ACTING PRESIDENT MAYER:   The 


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 1    resolution is adopted.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Can we now move 

 4    to Resolution 1718, by Senator Myrie, read that 

 5    resolution's title only, and recognize Senator 

 6    Myrie.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Senate Resolution 

10    1718, by Senator Myrie, mourning the death of 

11    former New York State Senator Dr. Waldaba H. 

12    Stewart, Jr., dedicated political leader, adjunct 

13    professor, distinguished citizen and devoted 

14    member of his community.

15                 ACTING PRESIDENT MAYER:   Senator 

16    Myrie on the resolution.

17                 SENATOR MYRIE:   Thank you, 

18    Madam President.  

19                 To his family, his friends, his 

20    colleagues, his community, to his students, our 

21    deepest condolences for the profound loss of a 

22    great man, Dr. Waldaba Hamilton Stewart, Jr.  

23                 Dr. Stewart was a Panamanian, a 

24    Brooklynite, a Garveyite, an economist, a 

25    professor and a former member of this 


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 1    State Senate.  He was a champion for justice and 

 2    equity.  He cared about healthcare justice.  Many 

 3    people don't know, but when this Senate took up 

 4    and affirmed a woman's right to choose, the 29th 

 5    and deciding vote was Senator Stewart's vote.  

 6                 But he also cared about healthcare 

 7    provision in the community.  Kings County 

 8    Hospital in Brooklyn would not be what it is 

 9    today without his dedication.  And when the 

10    Rockefeller administration cut treatment for drug 

11    addiction, Senator Stewart stood up and said "Our 

12    community deserves better."  And he did so when 

13    it wasn't popular.

14                 He cared about economic justice -- 

15    proposed business corridors in Brooklyn, but also 

16    agricultural opportunities particularly for 

17    people of African descent, because he recognized 

18    that without economic autonomy we could not 

19    prosper.

20                 And of course he was a racial 

21    justice champion.  He called for accountability 

22    and transparency in the Attica uprising.  He 

23    called out law enforcement corruption where 

24    appropriate.  And when Black kids from his 

25    district attended what was then a mostly white 


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 1    Erasmus High School and had rocks thrown at their 

 2    bus, Senator Stewart stepped in, made peace and 

 3    said "This is not what Brooklyn is about."

 4                 He once said that simple solutions 

 5    cannot be applied to complex problems, and he 

 6    lived his life to exemplify that phrase.  So for 

 7    that, he will be missed forever.  But he will 

 8    never, ever be forgotten.

 9                 Dr. Stewart, may you rest in peace, 

10    may your family be blessed, and may your memory 

11    forever live in this great State of New York.

12                 Thank you, Madam President.

13                 ACTING PRESIDENT MAYER:   The 

14    question is on the resolution.

15                 All in favor signify by saying aye.

16                 (Response of "Aye.")

17                 ACTING PRESIDENT MAYER:   Opposed?

18                 (No response.)

19                 ACTING PRESIDENT MAYER:   The 

20    resolution is adopted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   At the request 

23    of the sponsors, those resolutions are open for 

24    cosponsorship.

25                 ACTING PRESIDENT MAYER:   The 


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 1    resolutions are open for cosponsorship.  Should 

 2    you choose not to be a cosponsor of the 

 3    resolutions, please notify the desk.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Please take up 

 6    the reading of the calendar.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 83, 

10    Senate Print 6791A, by Senator Kaplan --

11                 SENATOR LANZA:   Lay it aside.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is laid aside.

14                 THE SECRETARY:   Calendar Number 

15    141, Assembly Print Number 8698, by 

16    Assemblymember Hunter, an act to amend the 

17    Insurance Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

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

22    same manner as a chapter of the Laws of 2021.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


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 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 62.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    142, Senate Print 7771, by Senator Hinchey, an 

 8    act to amend the Agriculture and Markets Law and 

 9    the Public Health Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 5.  This 

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

14    same manner as a chapter of the Laws of 2021.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 62.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    150, Assembly Print 8799, by Assemblymember Cruz, 

25    an act to amend the Elder Law.


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 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.  

 3                 THE SECRETARY:   Section 9.  This 

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

 5    same manner as a chapter of the Laws of 2021.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 62.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    152, Senate Print 7783, by Senator Addabbo, an 

16    act to amend the Agriculture and Markets Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    same manner as a chapter of the Laws of 2021.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


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 1    the results.

 2                 THE SECRETARY:   Ayes, 62.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    154, Assembly Print Number 8726, by 

 7    Assemblymember Jacobson, an act to amend the 

 8    Workers' Compensation Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    same manner as a chapter of the Laws of 2021.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 154, those Senators voting in the 

21    negative are Senators Akshar, Borrello, Boyle, 

22    Gallivan, Griffo, Jordan, Oberacker, O'Mara, 

23    Ortt, Rath, Ritchie, Serino, Stec, Tedisco and 

24    Weik.

25                 Ayes, 47.  Nays, 15.


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 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    160, Assembly Print Number 8771, by 

 5    Assemblymember Perry, an act to amend the 

 6    Banking Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

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

11    same manner as a chapter of the Laws of 2021.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 160, those Senators voting in the 

19    negative are Senators Akshar, Borrello, Boyle, 

20    Gallivan, Griffo, Helming, Jordan, Lanza, 

21    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

22    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

23    Weik.

24                 Ayes, 42.  Nays, 20.

25                 ACTING PRESIDENT MAYER:   The bill 


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 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    161, Senate Print 7794, by Senator Mannion, an 

 4    act to amend the Domestic Relations Law and the 

 5    Family Court Act.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

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

10    same manner as a chapter of the Laws of 2021.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 62.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    163, Senate Print 7797, by Senator Sanders, an 

21    act to amend the Insurance Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

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


                                                               380

 1    same manner as a chapter of the Laws of 2021.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 62.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    168, Assembly Print Number 8763, by 

12    Assemblymember Paulin, an act to amend the 

13    Public Service Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    same manner as a chapter of the Laws of 2021.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 168, those Senators voting in the 


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 1    negative are Senators Akshar, Borrello, Gallivan, 

 2    Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt, 

 3    Ritchie and Serino.

 4                 Ayes, 51.  Nays, 11.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    175, Senate Print 7811, by Senator Mayer, an act 

 9    to amend the Labor Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    same manner as a chapter of the Laws of 2021.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Senator 

19    Oberacker to explain his vote.

20                 SENATOR OBERACKER:   Thank you, 

21    Madam President.  

22                 You know, one of the first services 

23    that I use of any municipality is the roads.  And 

24    to speak on some of the numbers that come into 

25    play as we look at how these roads are 


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 1    maintained, how they're resurfaced and how 

 2    they're repaired, as a former chair of 

 3    Public Works for Otsego County, I've come with a 

 4    desire to bring these numbers up so we understand 

 5    sometimes what these pieces of legislation 

 6    actually mean at a lower municipal level.

 7                 So Otsego County has 477 center lane 

 8    miles.  A center lane mile is calculated by the 

 9    number of miles in our county roads going one 

10    direction.  So in actuality we have over 

11    954 miles of road to maintain and to potentially 

12    pave and resurface.

13                 The cost was $110,000 per mile to 

14    pave those roads when I was seated as the chair 

15    of Public Works.  So the 954 times 110 gives us 

16    almost $105 million -- for one of the nine 

17    counties that I represent -- if we were to repair 

18    and/or pave those roads.

19                 On an average year, we would do 

20    approximately 30 miles.  And these are calculated 

21    at costs of at least three years ago.  So for us 

22    to do that, it would take almost 32 years to 

23    resurface those roads.  

24                 The hauling of the oil, the hauling 

25    of the stone, the hauling of the finished 


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 1    pavement are all going to increase per this piece 

 2    of legislation.  Our local municipalities simply 

 3    cannot, they simply cannot afford to have this 

 4    mandate pushed down on them.

 5                 Petrochemicals in general are on the 

 6    rise, and we know this.  So the cost not only to 

 7    haul but to produce the actual asphalt that will 

 8    be coming to our municipalities will increase.

 9                 One of the things we were very proud 

10    of was our shared services between the 

11    municipalities where we would get the department 

12    of works from certain municipalities to offer up 

13    their drivers to haul to make our paving that 

14    much more efficient.  That cost will now go up, 

15    per this legislation.  

16                 Budgets have already been put 

17    together and submitted without the increased 

18    cost, again, of this piece of legislation.  I 

19    think we can see where, when we use a top-down 

20    approach and we don't take in the stakeholders at 

21    the level that it most affects, these things can 

22    be extremely detrimental.

23                 You know, in my rural area -- and I 

24    traveled last month over 3,000 miles in my 

25    district -- I've been on many of these roads in 


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 1    various states of repair.  And I can tell you 

 2    unequivocally that this piece of legislation will 

 3    have dire, dire effects on maintaining these 

 4    roads.

 5                 And therefore, Madam President, I 

 6    will be voting in the negative and I urge all of 

 7    my colleagues to do the same.

 8                 Thank you.

 9                 ACTING PRESIDENT PERSAUD:  Senator 

10    Oberacker to be recorded in the negative.

11                 Senator Mayer to explain her vote.

12                 SENATOR MAYER:   Thank you, Madam 

13    President.  

14                 And I appreciate my colleague's 

15    comments, but I do want to clarify.

16                 One, we are voting on a chapter 

17    amendment of a bill that was previously adopted 

18    by this house and the Assembly, signed by the 

19    Governor, that does one very simple thing:  It 

20    says that on a prevailing wage project, which 

21    includes roads -- not limited to roads -- the 

22    person who drives what they call aggregate supply 

23    from, for example, a place in -- it could be 

24    5 miles away from the site, to the site, dumps 

25    the aggregate supply and then drives back, for 


                                                               385

 1    that drive to and from, that job is prevailing 

 2    wage as well as the guys who are working on the 

 3    site.  

 4                 That's all this bill did.  And in 

 5    fact the chapter amendment limited the concerns 

 6    that my colleague has raised by clarifying, for 

 7    example, coming from another state into New York 

 8    to bring this aggregate supply, that part of it 

 9    would not be covered by the bill.  

10                 But the bill says to our brothers 

11    and sisters who have these jobs, they are 

12    entitled to prevailing wage for their work 

13    related to a prevailing wage job.  And that's 

14    simply what the bill does.  

15                 I would point out that in Nassau and 

16    Suffolk, under regulations promulgated by the 

17    New York State Department of Labor, this traffic 

18    of aggregate supply is already covered by 

19    prevailing wage.  And I don't think that Nassau 

20    and Suffolk have gone bankrupt, or their towns 

21    and villages have, by complying with this 

22    requirement.  

23                 So this simply says let's have on a 

24    statewide basis what the Department of Labor 

25    already implemented for Nassau and Suffolk.  And 


                                                               386

 1    in passing this chapter amendment, we are saying 

 2    to our brothers and sisters who do this work, as 

 3    well as those that pay them, that it ought to be 

 4    fair across the board, everyone should be the 

 5    beneficiary of the prevailing wage if they're on 

 6    a prevailing wage job.  

 7                 So I urge my colleagues to vote yes.  

 8    And with that, thank you, Madam President.  

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Mayer to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 175, those Senators voting in the 

14    negative are Senators Akshar, Borrello, Gallivan, 

15    Griffo, Helming, Jordan, Oberacker, O'Mara, Ortt, 

16    Palumbo, Rath, Serino, Stec and Tedisco.

17                 Ayes, 48.  Nays, 14.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    179, Assembly Print Number 8690, by 

22    Assemblymember Cruz, an act to amend the 

23    Mental Hygiene Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               387

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 62.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    181, Senate Print 7817, by Senator Savino, an act 

13    to amend a chapter of the Laws of 2021.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    same manner as a chapter of the Laws of 2021.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 62.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               388

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    185, Assembly Print Number 8794, by 

 4    Assemblymember -- 

 5                 SENATOR LANZA:   Lay it aside.

 6                 ACTING PRESIDENT PERSAUD:   Lay it 

 7    aside.

 8                 THE SECRETARY:   Calendar Number 

 9    200, Senate Print 7843, by Senator Ramos, an act 

10    to amend the Workers' Compensation Law.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

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

15    same manner as a chapter of the Laws of 2021.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 200, those Senators voting in the 

23    negative are Senators Boyle, Gallivan, Helming, 

24    Jordan, Lanza, Martucci, Oberacker, O'Mara, Ortt, 

25    Palumbo, Rath, Serino, Stec and Tedisco.


                                                               389

 1                 Ayes, 48.  Nays, 14.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 Senator Gia -- Senator Liu, that 

 5    completes the reading of today's calendar.

 6                 SENATOR LIU:   Madam President, I'm 

 7    happy to answer for Senator Gianaris.  

 8                 (Laughter.)

 9                 SENATOR LIU:   Please go to the 

10    reading of the controversial calendar, 

11    Madam President.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Secretary will ring the bell.

14                 The Secretary will read.

15                 THE SECRETARY:   Calendar Number 83, 

16    Senate Print 6791A, by Senator Kaplan, an act to 

17    amend the Labor Law.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Lanza, why do you rise?  

20                 SENATOR LANZA:   Madam President, I 

21    believe there's an amendment at the desk.  I 

22    waive the reading of that amendment and ask that 

23    you recognize Senator Stec to be heard.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you, Senator Lanza.  


                                                               390

 1                 Upon review of the amendment, in 

 2    accordance with Rule 6, Section 4B, I rule it 

 3    nongermane and out of order at this time.

 4                 SENATOR LANZA:   Accordingly, 

 5    Madam President, I appeal the ruling of the chair 

 6    and ask that Senator Stec be recognized and 

 7    heard.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    appeal has been made and recognized, and Senator 

10    Stec may be heard.

11                 SENATOR STEC:   Thank you, 

12    Madam President.  I rise to appeal that the 

13    amendment is germane to the bill-in-chief.  

14                 The cost to heat one's home this 

15    year is up 30 percent from last year.  Homeowners 

16    across the state are struggling to pay their 

17    bills, and inflation is at a 30-year high.  In 

18    fact in my district this past weekend it 

19    routinely got to 20 below zero.  This amendment 

20    would provide $300 to individuals and $600 to 

21    families of homeowners and renters to help pay 

22    for the additional cost to heat their homes, and 

23    provides much-needed financial relief.  

24                 This tax credit would be capped to 

25    $125,000 for individuals and $250,000 for married 


                                                               391

 1    couples.  And we feel that with the $7 billion 

 2    surplus, this money would be best spent returning 

 3    it to the taxpayers to help offset their home 

 4    heating costs this year.

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.  

 8                 I want to remind the house that the 

 9    vote is on the procedures of the house and the 

10    ruling of the chair.  

11                 Those in favor of overruling the 

12    chair, signify by saying aye.

13                 SENATOR LANZA:   Request a show of 

14    hands.

15                 SENATOR LIU:   By unanimous consent, 

16    please waive the showing of hands and record each 

17    member of the Minority in the affirmative.

18                 ACTING PRESIDENT PERSAUD:   Without 

19    objection, so ordered.

20                 Announce the results.

21                 THE SECRETARY:   Ayes, 20.

22                 ACTING PRESIDENT PERSAUD:   The 

23    ruling of the chair stands, and the bill-in-chief 

24    is before the house.  

25                 Senator Borrello.


                                                               392

 1                 SENATOR BORRELLO:   Madam President, 

 2    will the sponsor yield for a question.

 3                 SENATOR MAYER:   I'm not the 

 4    sponsor, Senator Borrello, but I'd be happy to 

 5    yield for questions on her behalf.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   Thank you.  I 

 9    guess the first question -- I appreciate you, 

10    Senator Mayer, taking these questions, but is the 

11    sponsor here to debate this bill?  

12                 SENATOR MAYER:   I believe the 

13    sponsor did not know this bill would be subject 

14    to a debate.  And since we can vote remotely, I 

15    believe that she is not present and therefore I 

16    am doing the bill.

17                 SENATOR BORRELLO:   Will the sponsor 

18    yield for another question.

19                 ACTING PRESIDENT PERSAUD:   Will the 

20    sponsor yield?

21                 SENATOR MAYER:   Yeah, sure.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.  

24                 SENATOR BORRELLO:   Yes, thank you 

25    again. 


                                                               393

 1                 Let me start off by saying that I am 

 2    certainly in favor of this bill.  I'll be 

 3    supporting this bill.  But I have some concerns 

 4    overall about unemployment insurance.  You know, 

 5    I'm a business owner myself.  I can tell you that 

 6    we all were quite surprised by the dramatic 

 7    increase in our unemployment insurance costs.  

 8                 So my first question is we passed 

 9    legislation last year to freeze the experience 

10    rating for unemployment insurance, yet myself and 

11    every other business owner in New York State 

12    opened up their unemployment insurance bill and 

13    saw dramatic increases.

14                 So why did that occur if we froze 

15    the experience rating?  

16                 SENATOR MAYER:   My understanding is 

17    that this bill -- in the first place let me say 

18    we all share the concern about the rise in these 

19    rates, and that's the reason for this bill.  And 

20    I'm glad that you'll be supporting it.

21                 My understanding is that this bill 

22    eliminates the consideration of the solvency of 

23    the trust fund for the next two years and allows 

24    us to freeze the increase in rates at least 

25    partially in Year 1 and also in Year 2.


                                                               394

 1                 SENATOR BORRELLO:   Madam President, 

 2    will the sponsor continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MAYER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   Thank you again.

 9                 So we had the opportunity last year 

10    to do this, and we didn't.  We froze the 

11    experience rating, but we didn't freeze the rate.  

12    So will the employers in New York State be 

13    receiving a rebate check for the gigantic bills 

14    that they just paid for unemployment insurance?  

15                 SENATOR MAYER:   The employers in 

16    New York are going to benefit by this legislation 

17    by reducing the amount they are going to have to 

18    pay every month as the impact of COVID goes on 

19    longer and hurts small businesses more than 

20    anyone could have anticipated.  

21                 So I think all small businesses, 

22    including the NFIB and the Business Council, 

23    support this legislation as being good for 

24    business.

25                 SENATOR BORRELLO:   Madam President, 


                                                               395

 1    will the sponsor continue to yield?

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR MAYER:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   I'm not trying 

 8    to be a pain here, but quite honestly I'm going 

 9    to get this question because I've had it asked of 

10    me by my own wife, who runs our businesses.  

11                 Will businesses that have already 

12    paid these unemployment insurance premiums get a 

13    rebate when this bill passes?  

14                 SENATOR MAYER:   There is nothing in 

15    this bill that orders a rebate, but I am 

16    confident, in the context of the budget 

17    conversations, if you or any other member wants 

18    to argue that a rebate should be issued, that is 

19    something to discuss.

20                 But as you know, the issue of the 

21    solvency of the fund poses substantial long-term 

22    problems.  But if we can get a rebate, I'm sure 

23    you'll have many colleagues agreeing that's a 

24    good thing.

25                 SENATOR BORRELLO:   Thank you.


                                                               396

 1                 Madam President, will the sponsor 

 2    continue to yield? 

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MAYER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   Are you aware 

 9    that I think 32 states now have taken their 

10    federal COVID relief money and they have applied 

11    it to their unemployment insurance funds?  

12                 As you may be aware, New York State 

13    used to have about a $2.6 billion surplus in the 

14    Unemployment Insurance Fund.  Keep in mind, 

15    that's paid by business owners like myself and 

16    every business owner in New York State, not by 

17    the government.  And now, thanks to bad 

18    government policy, essentially, we've got a 

19    $9 billion deficit.

20                 So would you or would the Majority 

21    in general be in favor of diverting some of the 

22    unallocated funds to filling that crater of our 

23    $9 billion Unemployment Insurance Fund deficit?  

24                 SENATOR MAYER:   In the first place, 

25    I would respectfully disagree with the reason for 


                                                               397

 1    the crater.  The reason for the crater is that we 

 2    had COVID and millions of New Yorkers were 

 3    dependent on unemployment insurance just to get 

 4    by.  And thankfully we had a system, while 

 5    imperfect -- and many of us complained about 

 6    it -- that did get us through that.

 7                 So I am aware that other states have 

 8    used some of their federal money.  I think if we 

 9    do it right now, we don't have to wait for the 

10    budget.  We pass this now, we start immediately 

11    reducing the rate that small businesses and 

12    businesses have to pay.  So I think it's a wise 

13    choice.  

14                 If we want to argue in the budget 

15    about using some of those funds, then let's get 

16    it then.

17                 SENATOR BORRELLO:   Madam President, 

18    will the sponsor continue to yield? 

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MAYER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR BORRELLO:   So I'm assuming 

25    that obviously with that $9 billion hole still 


                                                               398

 1    being there that's owed to the federal 

 2    government, that eventually that's going to have 

 3    to be paid back with interest.  Do you know what 

 4    the impact on the Unemployment Insurance Fund 

 5    will be when that occurs?  

 6                 SENATOR MAYER:   No, I don't, 

 7    Senator Borrello.  

 8                 But I would add this.  This is a 

 9    bill before this house that would help small 

10    businesses today and allow us to do this in the 

11    face of the insolvency.  

12                 So we recognize there's insolvency.  

13    We'll have to deal with that.

14                 SENATOR BORRELLO:   Madam President, 

15    on the bill.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Borrello on the bill.

18                 SENATOR BORRELLO:   First of all, 

19    Senator Mayer, thank you very much for stepping 

20    in.  Appreciate it.  

21                 And I think you and I both share 

22    these concerns for our small businesses.  

23                 But I can tell you as a business 

24    owner myself that, you know, this was a 

25    devastating impact on all of our businesses.  And 


                                                               399

 1    to go from having to -- we've got businesses that 

 2    didn't lay off a single person, not a single 

 3    person during the pandemic that are seeing 

 4    dramatic increases in their unemployment 

 5    insurance rates.  

 6                 And what this bill really is doing, 

 7    as good as it is, is essentially kicking the can 

 8    down the road because it's not addressing the 

 9    fundamental problem of a $9 billion, with a B, 

10    deficit in our Unemployment Insurance Fund.

11                 Now, we may disagree on how that 

12    number came about, but I can tell you that 

13    New York State has still yet to address how much 

14    fraud was in our unemployment insurance.  I asked 

15    that question of the commissioner of the 

16    Department of Labor.  She danced around it and 

17    said that, well, we avoided about $2 billion in 

18    fraud.  But she wouldn't actually tell us, 

19    because I'm sure she doesn't know, how much fraud 

20    we actually experienced in our unemployment 

21    insurance.

22                 And that's really troubling because 

23    other states, including California, have 

24    identified that number.  And I think that would 

25    be justification for diverting the unspent 


                                                               400

 1    federal money that we have to that Unemployment 

 2    Insurance Fund, because that's what this is 

 3    really about.

 4                 This is a good step.  It will help 

 5    us.  But ultimately we are going to have to pay 

 6    that bill at some point.  And right now we're 

 7    kicking the can down the road as interest accrues 

 8    on that $9 billion that is on the backs of every 

 9    single employer in New York State.  That's the 

10    troubling part of this.

11                 So I really think we need to look at 

12    what we spend our money on here in New York 

13    State.  We have a huge budget surplus.  We have 

14    unspent federal relief money.  And we have yet to 

15    address the fundamental problem that every single 

16    employer in New York State is paying more in 

17    unemployment insurance than they ever have.  And 

18    according to the Business Council, it's going to 

19    take more than a decade to make up that 

20    $9 billion surplus if some of that money from the 

21    federal government isn't diverted to that fund.  

22    A decade on the backs of every single employer in 

23    New York State.

24                 So this is kind of like a bucket of 

25    water in the ocean, quite frankly.  Happy to have 


                                                               401

 1    it, glad we're doing it, but we need to step up 

 2    and we need to fill that crater and make sure 

 3    that that $9 billion deficit is not a burden on 

 4    our already overburdened businesses in New York 

 5    State.  

 6                 So Madam President, with that I will 

 7    be supporting the bill.  Thank you.

 8                 ACTING PRESIDENT PERSAUD:   Thank 

 9    you, Senator.

10                 Are there any other Senators wishing 

11    to be heard?

12                 Seeing and hearing none, debate is 

13    closed.  The Secretary will ring the bell.

14                 Read the last section.

15                 THE SECRETARY:   Section 3.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Mayer to explain her vote.

22                 SENATOR MAYER:   Thank you very 

23    much.  

24                 First I want to thank Senator Kaplan 

25    for bringing this very important bill to the 


                                                               402

 1    floor, and to our leader for making sure that we 

 2    put a bill on for a vote -- and I'm confident 

 3    that we'll have so many supporters -- that not 

 4    only reflects the challenges of our business 

 5    community but at the same time, in the same bill, 

 6    deals with the needs of our constituents to deal 

 7    with their continued unemployment.  

 8                 We didn't get to discuss this in the 

 9    debate, but the bill temporarily overrides the 

10    current freeze on increases to the maximum weekly 

11    benefit rate for unemployment.  So for districts 

12    like mine, particularly in the restaurant and bar 

13    sector and the hospitality sector, where my small 

14    bars and restaurants still suffer and yet are 

15    paying unemployment insurance tax rates that are 

16    too high -- and at the same time their employees 

17    are still eligible for and some are receiving 

18    unemployment.  This bill is a win/win.

19                 And I recognize we have challenges 

20    with a unemployment situation that was far in 

21    excess of anything New York State could have ever 

22    contemplated.  And it's imperfect, and many of us 

23    have complained about it and continue to fight 

24    for it to be better.

25                 But in the interim, we have a bill 


                                                               403

 1    that helps our small businesses and helps our 

 2    constituents who have been laid off or lost their 

 3    jobs.  I can't think of a more pressing and 

 4    important thing to do, and I urge my colleagues 

 5    to vote yes.  

 6                 Thank you to Senator Kaplan for her 

 7    leadership on behalf of small businesses and on 

 8    behalf of our constituents throughout the state.

 9                 I'll be voting yes.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Mayer to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   Ayes, 62.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    185, Assembly Print Number 8794, by 

18    Assemblymember Carroll, an act to amend the 

19    Public Authorities Law.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Lanza, why do you rise?

22                 SENATOR LANZA:   Madam President, I 

23    believe there's an amendment at the desk.  I 

24    waive the reading of that amendment and ask that 

25    you recognize Senator Palumbo to be heard.


                                                               404

 1                 ACTING PRESIDENT PERSAUD:   Thank 

 2    you, Senator Lanza.  

 3                 Upon review of the amendment, in 

 4    accordance with Rule 6, Section 4B, I rule it 

 5    nongermane and out of order at this time.

 6                 SENATOR LANZA:   Accordingly, 

 7    Madam President, I appeal the ruling of the chair 

 8    and ask that Senator Palumbo be recognized.  

 9                 ACTING PRESIDENT PERSAUD:   The 

10    appeal has been made and recognized, and 

11    Senator Palumbo may be heard.

12                 SENATOR PALUMBO:   Thank you, 

13    Madam President, for recognizing me for the 

14    purposes of this appeal.

15                 With respect to germaneness, this 

16    proposed amendment would make pushing someone 

17    onto a subway track -- onto the tracks of a 

18    subway a Class C violent felony.  

19                 And the bill-in-chief, which I 

20    support, I previously supported, is an excellent 

21    bill, actually.  It provides rules and guidelines 

22    for the public as to what they should be doing in 

23    the event someone is pushed on the tracks.  So 

24    these are obviously -- almost mirror the same 

25    issue.  


                                                               405

 1                 Now, if I may, I'd like to just 

 2    discuss some of the statistics that we've seen 

 3    and why this is such a critical and important 

 4    bill.  I have from the Daily News, from 

 5    February 14th of last year, a little bit less 

 6    than a year ago -- the title is "Despite big 

 7    decrease in riders during COVID pandemic, 

 8    New York City seeing terrifying string of 

 9    straphangers shoved onto the subway tracks."

10                 If you look at the statistics, the 

11    average swipe of the turnstiles on a weekday 

12    prior to the pandemic was 5.5 million passengers.  

13    In 2020, 1.7 million riders were averaged a day.  

14    That's a 70 percent decline in ridership.

15                 So when you think about that 

16    ultimate decline, well, you know, that's 

17    unfortunate.  That's part of the pandemic issues 

18    that we've been dealing with.

19                 However, with millions and millions 

20    of riders -- less riders on the subway, there 

21    were still 26 individuals in the year 2020, 26 of 

22    them shoved onto the tracks.  That was a 

23    30 percent increase from 2019 -- 30 percent more 

24    than the year before, when they had 70 percent 

25    more individuals riding the subway.


                                                               406

 1                 And quite frankly, if I may suggest 

 2    to my colleagues, subway pushing is not a typical 

 3    type of crime because of the intent of it.  Now, 

 4    we have many people who are mentally ill, as 

 5    we've seen.  And unfortunately, because of some 

 6    of the reforms that we've seen in the past few 

 7    years, people are not in custody and they're not 

 8    getting the available services that they could 

 9    have otherwise gotten with mental health issues.  

10                 We have intentional acts where 

11    people certainly understand the nature and 

12    consequences of their actions.  And when it's an 

13    intentional act, my friends, it's an act of 

14    terrorism.  As we sit here today, with what we've 

15    just seen in the past few months, we have 

16    passengers standing on the stairway because 

17    they're terrified, because they're afraid to go 

18    to work.  

19                 And so now, if I push someone on the 

20    tracks -- we had an individual just recently 

21    pushed onto the tracks who sustained some 

22    injuries -- it's probably a misdemeanor.  If 

23    they're fortunate and lucky enough to get away 

24    with their life and climb back on the platform, 

25    it's a harassment.  It's not even a crime.


                                                               407

 1                 So what this bill would do, it would 

 2    create a new crime -- making it a serious crime, 

 3    of course, a Class C violent felony -- for the 

 4    mere act of pushing someone on the tracks where 

 5    they could lose their life.

 6                 We have seen Michelle Alyssa Go.  We 

 7    could go through many, many, many different names 

 8    and many of these victims that we've seen.  But 

 9    quite frankly, the individuals who were the 

10    actors, the bad actors, Madam President, were 

11    people who otherwise have seen -- without a 

12    terrible, terrible tragedy and loss of life, they 

13    otherwise just move through the criminal justice 

14    system, maybe get the mental help they need.  But 

15    not those individuals that I'm specifically 

16    speaking of, the ones with the mental health 

17    issues, the ones that are doing it to be 

18    malicious.  

19                 It's random, it's terrifying, and 

20    something needs to be done.

21                 So as such, Madam President, this 

22    bill is certainly germane to the underlying 

23    bill-in-chief.  And quite frankly it's something 

24    that we need to do now.  This is the time for it, 

25    it's very timely.  We're trying to get out of 


                                                               408

 1    this pandemic, we're trying to have our 

 2    businesses recover, and we're trying to let the 

 3    citizens of this state just go to work without 

 4    fear in their heart.

 5                 Thank you, Madam President.  

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator.  

 8                 I want to remind the house that the 

 9    vote is on the procedures of the house and the 

10    ruling of the chair.  

11                 Those in favor of overruling the 

12    chair, signify by saying aye.

13                 SENATOR LANZA:   Request a show of 

14    hands.

15                 SENATOR LIU:   By unanimous consent, 

16    Madam President, please waive the showing of 

17    hands and record each member of the Minority in 

18    the affirmative.

19                 ACTING PRESIDENT MAYER:   Without 

20    objection, so ordered.

21                 Announce the results.

22                 THE SECRETARY:   Ayes, 20.

23                 ACTING PRESIDENT MAYER:   The ruling 

24    of the chair stands, and the bill-in-chief is 

25    before the house.  


                                                               409

 1                 Are there any other Senators wishing 

 2    to be heard?

 3                 SENATOR JORDAN:   Yes.

 4                 ACTING SENATOR MAYER:   I apologize.  

 5                 Are you on the bill, Senator Jordan, 

 6    or to explain your vote?  

 7                 SENATOR JORDAN:   To explain my 

 8    vote.

 9                 ACTING PRESIDENT MAYER:   I'll get 

10    right to you.

11                 Seeing and hearing none, debate is 

12    closed.  The Secretary will ring the bell.  

13                 Read the last section.

14                 THE SECRETARY:   Section 3.  This 

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

16    same manner as a chapter of the Laws of 2021.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Jordan to explain her vote.

19                 SENATOR JORDAN:   Yes, thank you, 

20    Madam President.  

21                 I believe this is a good bill 

22    because it deals with safety, public safety -- 

23    specifically, subway traffic safety.  I'm going 

24    to be voting in the affirmative on this bill.  It 

25    mandates that the New York City Transit Authority 


                                                               410

 1    include instructions on how to react safely, 

 2    timely and effectively when a person falls onto 

 3    the subway tracks, as part of its ongoing safety 

 4    education package.

 5                 The thought of falling on the tracks 

 6    is horrifying.  This is good information to get 

 7    out there because, according to the NYPD, 

 8    461 felony assaults were reported on the subway 

 9    system in 2021, and 30 involved a person being 

10    pushed onto the subway tracks.  The thought of 

11    being pushed onto subway tracks is even more 

12    horrifying than just falling on them.

13                 We are still in the first month of 

14    the year, and already police know of five 

15    assaults this year in which a person was shoved 

16    onto the tracks.

17                 While this bill is an excellent 

18    solution for after the act, if we really want to 

19    help, we should be proactive in having less of 

20    these terrible accidents happening.  Repealing 

21    the bail reform law passed and lauded by the 

22    Majority would do just that.  I'll give you 

23    several instances where bail reform added to the 

24    number of shovings onto the subway tracks.

25                 In October of 2021, Anthonia 


                                                               411

 1    Egegbara was charged with attempted second degree 

 2    murder for allegedly pushing a 42-year-old woman 

 3    against the side of a No. 3 train who narrowly 

 4    avoided getting crushed under the train's wheels.  

 5                 Egegbara had previously been set 

 6    free without bail for an assault that left the 

 7    victim with injuries of a black eye, a broken 

 8    nose, and a knocked-out tooth.  She had been 

 9    surcharged with third-degree assault, a 

10    misdemeanor, that does not allow for a judge's 

11    discretion and for a judge to impose bail under 

12    the new bail reform.

13                 Then there was the repeat offender 

14    Bernardo Carbajal, who stabbed his victim eight 

15    times and then pushed him onto the subway tracks.  

16    If only Carbajal was held for bail for his 

17    previous two arrests in 2021 for two other 

18    stabbing incidents.

19                 We can also talk about Ricardo 

20    Hernandez, who tried to shove an undercover 

21    policeman onto subway tracks in Queens last 

22    April.  At Hernandez's arraignment, Queens 

23    Supreme Court Justice Louis Nock said the state's 

24    bail reform did not allow him to hold Hernandez 

25    in jail for that shoving.  


                                                               412

 1                 So these assaults bring me back to 

 2    the point I want to make.  While Senator Comrie's 

 3    bill will most certainly help those who fall -- 

 4    and maybe those who are pushed -- onto the subway 

 5    tracks, we can save many, many more lives by 

 6    repealing bail reform put in place by the 

 7    majorities of the Senate and the Assembly in 

 8    January of 2020 that allows repeat offenders to 

 9    walk free and recommit crimes.

10                 Thank you.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Jordan to be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   Ayes, 62.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 Senator Liu, that completes the 

18    reading of today's calendar.

19                 SENATOR LIU:   Madam President, 

20    there's a report of the Finance Committee at the 

21    desk.  Please take it up and recognize Senator 

22    Persaud on that report.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Senator Krueger, 


                                                               413

 1    from the Committee on Finance, reports the 

 2    following nominations:  

 3                 As commissioner of the Division of 

 4    Homeland Security and Emergency Services, 

 5    Jacqueline Bray.

 6                 As superintendent of the Department 

 7    of Financial Services, Adrienne Harris.

 8                 As commissioner of the Office of 

 9    Addiction Services and Supports, Dr. Chinazo 

10    Cunningham.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Persaud.

13                 SENATOR PERSAUD:   Thank you, 

14    Madam President.

15                 On behalf of Senator Krueger, chair 

16    of Finance, I'd like to move the nomination of 

17    Jacqueline Bray to the position of commissioner 

18    of the Division of Homeland Security and 

19    Emergency Services to the floor.

20                 Please recognize any Senator wishing 

21    to speak on this nomination.

22                 ACTING PRESIDENT MAYER:   I don't 

23    believe a Senator is going to speak, so the 

24    question is on the nomination of Jacqueline Bray 

25    to the position of commissioner of the Division 


                                                               414

 1    of Homeland Security and Emergency Services.  

 2                 Call the roll.

 3                 (The Secretary called the roll.)

 4                 THE SECRETARY:   Voting in the 

 5    negative on the nomination:  Senators Akshar, 

 6    Borrello, Boyle, Gallivan, Griffo, Jordan, Lanza, 

 7    Martucci, Mattera, Oberacker, Ortt, Palumbo, 

 8    Rath, Ritchie, Serino, Stec, Tedisco and Weik.

 9                 ACTING PRESIDENT MAYER:   Jacqueline 

10    Bray is confirmed to the position of commissioner 

11    of the Division of Homeland Security and 

12    Emergency Services.

13                 The Secretary will continue to read.

14                 THE SECRETARY:   As superintendent 

15    of the Department of Financial Services, 

16    Adrienne Harris. 

17                 ACTING PRESIDENT MAYER:   Senator 

18    Persaud.

19                 SENATOR PERSAUD:   Thank you, 

20    Madam President.  

21                 Again on behalf of Senator Krueger, 

22    I move the nomination of Adrienne Harris to the 

23    position of superintendent of the Department of 

24    Financial Services to the floor.

25                 Please recognize any Senator wishing 


                                                               415

 1    to speak on the nomination.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Sanders on the nomination.

 4                 SENATOR SANDERS:   Thank you, 

 5    Madam President.  It's good to see all of you as 

 6    much as I'm seeing you.

 7                 (Laughter.)

 8                 SENATOR SANDERS:   I am here to 

 9    speak on the nomination of Adrienne Harris to be 

10    the superintendent of the Department of Financial 

11    Services.  

12                 As the chair of Banks, I have a 

13    special responsibility here to make sure that we 

14    do due diligence on such a person.  And I became 

15    aware of concerns that some had on her relations 

16    with the fintech industry, so I set out to look 

17    into this matter very much.  

18                 And I actually viewed just about 

19    every video there is on this issue to see and 

20    hear for myself what these words are and what is 

21    the context that they were given.  Not only that, 

22    I went line by line with them with her.  Some of 

23    these things were troubling, and I actually did 

24    go line by line with her.

25                 I came away -- yes, I spoke of other 


                                                               416

 1    parts, not just that.  I spoke of her view on DFS 

 2    as a whole and the many things that it can do.

 3                 But I came away convinced that this 

 4    gifted person was the right one to be in charge 

 5    of the DFS, the Department of Financial Services.  

 6    I came away so convinced that I decided to come 

 7    to the floor today to make it as official as I 

 8    can that I did the due diligence that most people 

 9    are talking about.  

10                 And having heard and seen it, I am 

11    here to say that she will make a fine 

12    superintendent and I look forward to working with 

13    her, as all of us should, to ensure that she is 

14    the person that all of us need her to be.  

15                 So with that I vote yes, 

16    Madam President.  Thank you for the opportunity 

17    to speak.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Sanders.

20                 The question is on the nomination of 

21    Adrienne Harris to the position of superintendent 

22    of the Department of Financial Services.

23                 Call the roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               417

 1    the results.

 2                 THE SECRETARY:   In relation to the 

 3    nomination of Adrienne Harris, those Senators 

 4    voting in the negative are Senators Biaggi, 

 5    Boyle, Brisport, Gianaris, Liu, Oberacker, Ramos, 

 6    Stec and Tedisco.

 7                 ACTING PRESIDENT MAYER:   The 

 8    nominee Adrienne Harris is confirmed to the 

 9    position of superintendent of the Department of 

10    Financial Services.

11                 The Secretary will continue to read.

12                 THE SECRETARY:   As commissioner of 

13    the Office of Addiction Services and Supports, 

14    Dr. Chinazo Cunningham. 

15                 ACTING PRESIDENT MAYER:   Senator 

16    Persaud.

17                 SENATOR PERSAUD:   Thank you again, 

18    Madam President.  

19                 On behalf of Senator Krueger, I move 

20    the nomination of Dr. Chinazo Cunningham to the 

21    position of commissioner of the Office of 

22    Addiction Services and Supports to the floor.

23                 Please recognize any Senators 

24    wishing to speak on the nomination.

25                 ACTING PRESIDENT MAYER:   Senator  


                                                               418

 1    Rivera on the nomination.

 2                 SENATOR RIVERA:   Thank you, 

 3    Madam President.  

 4                 I stand up to speak on behalf of -- 

 5    certainly of myself, but of all of our colleagues 

 6    who are voting in the affirmative for this very 

 7    talented and skilled nominee.  I thank the 

 8    Governor for sending her up to us, and I 

 9    certainly will vote in the affirmative.

10                 There's a couple of things that I 

11    wanted to underline, Madam President, and the 

12    reason that I am so supportive of her nomination.  

13    It is because her entire life's work has been 

14    dedicated to the concept of harm reduction, harm 

15    reduction as a modality for how we deal with 

16    folks who are drug users.  

17                 And I wanted to linger on that for a 

18    second, Madam President, because not only do I 

19    think it is important to talk about how it's 

20    going to change the way that this agency does its 

21    business, but I believe that the way that she 

22    will change this agency will save many, many 

23    lives.  

24                 And I also, Madam President, wanted 

25    to underline, based on the comments of some of my 


                                                               419

 1    colleagues over the last couple of weeks in the 

 2    nomination of another nominee that we approved 

 3    just a few days ago, and the comments then about 

 4    a set of policies which at this moment the State 

 5    of New York is not pursuing, although many of us 

 6    are pushing for that to be the case -- but I 

 7    thought it was necessary to kind of just speak 

 8    for a second about it.  

 9                 In the case of Dr. Cunningham, she 

10    has dedicated her life to harm reduction as a 

11    modality.  Now, harm reduction, my colleagues, is 

12    a way to think about people who use drugs as 

13    people first.  They might use drugs, but they are 

14    people first.  And we must meet them where they 

15    are.  

16                 The fact of the matter is, 

17    Madam President, that criminalization and 

18    incarceration have not worked.  We have had not 

19    only thousands of people die from drug overdoses, 

20    but certainly during the pandemic, 

21    Madam President, the affliction has gotten worse.  

22    And we cannot arrest our way out of this.  We 

23    cannot put people in jail and think that they're 

24    going to get better.  We have to do something 

25    different.  And that is to say exactly what the 


                                                               420

 1    modality of harm reduction is.  

 2                 And, Madam President, one thing in 

 3    particular that, again, the State of New York has 

 4    not yet pursued -- although I have a couple of 

 5    pieces of legislation that deal with it, as well 

 6    as I am asking and talking with our Governor to 

 7    see if they would actually become a reality in 

 8    the rest of the state:  Overdose prevention 

 9    centers, places where people will use drugs under 

10    medical supervision.  

11                 And I've heard my colleagues talk 

12    about this.  And I will tell you just yesterday 

13    there was a piece of news that made me incredibly 

14    proud of the work that I have been doing to make 

15    this a reality.  In the City of New York, in the 

16    two months that the two facilities have been 

17    operating, 114 lives have been saved.  One 

18    hundred and fourteen individuals who will have an 

19    opportunity to get treatment, who will have an 

20    opportunity to get better, who will have an 

21    opportunity to recover because they are not in 

22    the ground.

23                 And that is precisely why this 

24    modality, Madam President, and the work that I 

25    believe that this incredible nominee, 


                                                               421

 1    Dr. Cunningham, will do with this agency, 

 2    ultimately that is what it's about.  It's about 

 3    saving lives.

 4                 So let's put the stigma to the side, 

 5    Madam President.  Let's not consistently think 

 6    about this as a way to arrest our way out of it, 

 7    to think that people that use drugs are 

 8    criminals.  That has not worked.  I want to save 

 9    lives of people all over the state, in every 

10    single part of the city, in every single part of 

11    the state.  Everybody deserves to live.  

12                 And that's why I'm very proud to 

13    vote for this nominee and very proud to work with 

14    her in the weeks, months and years to come to 

15    make sure that we save New Yorkers' lives.

16                 Thank you, Madam President.  I vote 

17    in the affirmative.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Rivera.

20                 Senator Lanza on the nomination.

21                 SENATOR LANZA:   Thank you, 

22    Madam President.

23                 You know, I agree with a lot of what 

24    my good friend Senator Rivera said about 

25    addiction.  And I respect the work he does in 


                                                               422

 1    that regard.  It is a horrific problem here in 

 2    the State of New York.  We have record numbers of 

 3    our citizens, especially young people, dying, 

 4    dying because of drug overdoses.  So whatever we 

 5    have done -- all of us, every one of us in this 

 6    state -- whatever we think we have done, it is 

 7    not working.

 8                 Where I disagree, and very 

 9    fundamentally, is on the issue of these centers 

10    where the State of New York, the City of New York 

11    is inviting citizens in and saying:  Sit down and 

12    do heroin.  That's where we have a fundamental 

13    disagreement.  It is that disagreement which 

14    requires that I vote my conscience and do not 

15    support Dr. Cunningham, who believes that's a 

16    good idea.

17                 And I take exception, civilly and 

18    respectfully, with the idea that 114 people have 

19    been saved in these centers because someone gave 

20    them Narcan.  I would argue that 114 people 

21    almost died because the City of New York and the 

22    State of New York said:  Here, do drugs.  Perhaps 

23    if they were not there and did not feel safe and 

24    sanctioned with all these supervisors, they may 

25    not have done drugs that day and they may not 


                                                               423

 1    have overdosed.

 2                 But I certainly do not consider it a 

 3    success to say while we were supervising 

 4    114 people, they almost died.  Doesn't sound like 

 5    supervision to me.  And I will say I know times 

 6    change and things change and we have to look at 

 7    things.  I agree with Senator Rivera.  I don't 

 8    believe people in addiction ought to be arrested.  

 9    That's not the answer.  We're not going to arrest 

10    our way out of addiction.  But we're not going to 

11    drug our way out of addiction either.

12                 And to me, I think back to what I 

13    thought was normal.  When I was a kid, doctors 

14    did not hand you a needle and tell you to pump 

15    poison in your body.  And because this doctor 

16    does, I cannot support her nomination.

17                 ACTING PRESIDENT MAYER:   The 

18    question is on the nomination of Dr. Chinazo 

19    Cunningham to the position of commissioner of the 

20    Office of Addiction Services and Supports.

21                 Call the roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to the 


                                                               424

 1    nomination of Dr. Chinazo Cunningham, those 

 2    Senators voting in the negative are 

 3    Senators Akshar, Borrello, Boyle, Gallivan, 

 4    Griffo, Jordan, Lanza, Martucci, Mattera, 

 5    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

 6    Serino, Stec, Tedisco and Weik.

 7                 ACTING PRESIDENT MAYER:   The 

 8    nominee, Dr. Chinazo Cunningham, is confirmed to 

 9    the position of commissioner of the Office of 

10    Addiction Services and Supports.

11                 Senator Liu.

12                 SENATOR LIU:   Madam President, is 

13    there any further business at the desk?

14                 ACTING PRESIDENT MAYER:   There is 

15    no further business at the desk.

16                 SENATOR LIU:   Then I move to 

17    adjourn until Wednesday, January 26th, at 

18    11:00 a.m.

19                 ACTING PRESIDENT MAYER:   On motion, 

20    the Senate stands adjourned until Wednesday, 

21    January 26th, at 11:00 a.m.

22                 (Whereupon, at 4:54 p.m., the Senate 

23    adjourned.)

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