Regular Session - March 8, 2022
1093
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 8, 2022
11 3:41 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
1094
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.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Monday,
16 March 7, 2022, the Senate met pursuant to
17 adjournment. The Journal of Sunday, March 6,
18 2022, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: 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 Gaughran
1095
1 moves to discharge, from the Committee on Health,
2 Assembly Bill Number 7886 and substitute it for
3 the identical Senate Bill 7012, Third Reading
4 Calendar 446.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Good afternoon,
15 Madam President.
16 On behalf of Senator Rivera, on
17 page 23 I offer the following amendments to
18 Calendar Number 449, Senate Print 6522, and ask
19 that said bill retain its place on Third Reading
20 Calendar.
21 ACTING PRESIDENT MAYER: The
22 amendments are received, and the bill will retain
23 its place on the Third Reading Calendar.
24 Senator Gianaris.
25 SENATOR GIANARIS: On behalf of
1096
1 Senator Hinchey, I move to amend Senate Bill
2 4082A by striking out the amendments made on
3 March 7th and restoring it to its original print
4 number, 4082.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 SENATOR GIANARIS: On behalf of
8 Senator Kaplan, I wish to call up Senate Print
9 536, recalled from the Assembly, which is now at
10 the desk.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 100, Senate Print 536, by Senator Kaplan, an act
15 to amend the Real Property Law.
16 SENATOR GIANARIS: Move to
17 reconsider the vote by which the bill was passed.
18 ACTING PRESIDENT MAYER: Call the
19 roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is restored to its place on the Third Reading
24 Calendar.
25 SENATOR GIANARIS: I now offer the
1097
1 following amendments.
2 ACTING PRESIDENT MAYER: The
3 amendments are received, and the bill will retain
4 its place on the Third Reading Calendar.
5 SENATOR GIANARIS: I now move to
6 adopt the Resolution Calendar, with the exception
7 of Resolutions 1958 and 1959.
8 ACTING PRESIDENT MAYER: All those
9 in favor of adopting the Resolution Calendar,
10 with the exception of Resolutions 1958 and 1959,
11 please signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MAYER: Opposed?
14 (No response.)
15 ACTING PRESIDENT MAYER: The
16 Resolution Calendar is adopted.
17 Senator Gianaris.
18 SENATOR GIANARIS: At this time
19 let's take up Resolution 1958, by Senator Cooney,
20 read its title only and recognize Senator Cooney.
21 ACTING PRESIDENT MAYER: The
22 Secretary will read.
23 THE SECRETARY: Senate Resolution
24 1958, by Senator Cooney, commending the
25 Eastman School of Music of the University of
1098
1 Rochester upon the occasion of celebrating its
2 100th Anniversary.
3 ACTING PRESIDENT MAYER: Senator
4 Cooney on the resolution.
5 SENATOR COONEY: Thank you,
6 Madam President.
7 I rise in support of today's
8 resolution, which celebrates the centennial
9 anniversary of the Eastman School of Music at the
10 University of Rochester. For 100 years, the
11 Eastman School has set the standard for
12 leadership in music and has touched the lives of
13 countless students and faculty members.
14 As someone who grew up in the City
15 of Rochester, the Eastman School is more than
16 just an educational and cultural institution.
17 For me, it's like a second home. I grew up as a
18 student studying voice, I studied in the studio
19 of Pat Alexander as part of the Community
20 Education Division, where I got a scholarship to
21 take lessons during my high school years.
22 I'm so proud to have had that time
23 in the Eastman School -- and to now celebrate
24 100 years is personally very meaningful to me.
25 The Eastman School continues to
1099
1 invest in enriching our entire Finger Lakes
2 region, through their community focus -- music
3 lessons and workshops, as well as free tuition
4 offerings to local students. Eastman is
5 committed to creating access to music and leaving
6 a lasting impression for the next generation of
7 New York musicians.
8 So congratulations to the
9 Eastman School of Music on their centennial
10 celebration, and we look forward to continuing to
11 build upon many future years of success.
12 Thank you, Madam President.
13 ACTING PRESIDENT MAYER: Thank you,
14 Senator Cooney.
15 The question is on the resolution.
16 All in favor signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT MAYER: Opposed,
19 nay.
20 (No response.)
21 ACTING PRESIDENT MAYER: The
22 resolution is adopted.
23 Senator Gianaris.
24 SENATOR GIANARIS: Now let's move
25 on to Resolution 1959, by Senator Gaughran, read
1100
1 that resolution's title, and recognize
2 Senator Gaughran.
3 ACTING PRESIDENT MAYER: The
4 Secretary will read.
5 THE SECRETARY: Senate Resolution
6 1959, by Senator Gaughran, congratulating
7 Roger Clayman upon the occasion of his retirement
8 as Executive Director of the Long Island
9 Federation of Labor after many years of
10 distinguished service.
11 ACTING PRESIDENT MAYER: Senator
12 Gaughran on the resolution.
13 SENATOR GAUGHRAN: Thank you,
14 Madam President.
15 Today it is my great honor to speak
16 about our friend Roger Clayman, who recently
17 retired as executive director of the Long Island
18 Federation of Labor after many distinguished
19 years.
20 It's a testament to Roger's keen
21 leadership skills that the Long Island Federation
22 of Labor remains the leading and really only
23 voice for 250,000 men and women on Long Island
24 and their families regionally.
25 And Roger has also been a national
1101
1 leader -- not just locally here in the state and
2 on Long Island. He received his bachelor's
3 degree from Oberlin College in Ohio, and then he
4 began to work with the national AFL-CIO, where he
5 worked organizing campaigns throughout the
6 United States.
7 Just a few of his accomplishments.
8 In 1978 he assisted the American Federation of
9 Teachers in successfully organizing 600
10 professionals at the University of Connecticut
11 Health Center.
12 1980, he helped organize a campaign
13 at Yale University for 2600 clerical and
14 technical employees joining the Hotel and
15 Restaurant Employees Union.
16 1997, he was the Northeast Regional
17 Coordinator for the Strawberry Campaign, fighting
18 on behalf of the United Farmworkers.
19 And he's also represented the
20 AFL-CIO in many high-profile newspaper strikes,
21 including the New York Daily News in 1991.
22 He joined the Long Island Federation
23 of Labor in 2005, and his tenacity on behalf of
24 the men and women he has represented has made our
25 community and our state a much greater place.
1102
1 So I want to congratulate Roger on
2 all his many years of service. I know he's going
3 to continue to do many great things, but I also
4 want to wish him a wonderful retirement.
5 And I vote in the affirmative,
6 Madam President. Thank you.
7 ACTING PRESIDENT MAYER: Thank you.
8 Senator Mattera on the resolution.
9 SENATOR MATTERA: Thank you,
10 Madam President.
11 This is a very, very special day,
12 but a sad day in a lot of ways because of a very,
13 very special union leader, Roger Clayman.
14 And I want to first thank Senator
15 Gaughran for sponsoring this resolution for a
16 very, very special man.
17 Roger is special to everybody. The
18 way Roger just comes about with his grace and
19 with his swagger, how he handles speaking to
20 people. Roger is respected, he's admired, he's
21 beloved, he's valued and he's appreciated.
22 So Roger has been a mentor to me.
23 When I first was brought up to run for the
24 New York State Senate, Roger's first words to me
25 was: "Mario, I am in your kitchen cabinet." I
1103
1 didn't understand that in a lot of ways. Kitchen
2 cabinet, what did that mean? Meaning that he's
3 there for me always.
4 I want to thank that Roger has been
5 the voice of labor for close to 50 years. And
6 there's a man that anytime that he walks into a
7 room, people gravitate to him.
8 He worked tirelessly protecting the
9 rights of all of his members. And for the
10 250,000 members -- you know, I represent close to
11 60,000 members with the Nassau-Suffolk Building
12 Trade, and Roger represents 250,000 members.
13 He made sure that he protected the
14 hardworking men and women of labor with their
15 wages, their healthcare, their pensions, to all
16 union affiliates in the whole State of New York.
17 Roger also is -- he has a partner
18 with another gentleman named John Durso. John
19 Durso and Roger Clayman would walk into a room,
20 and they would call them the dynamic duo for a
21 reason. Because you know what, they cared about
22 the hardworking men and women of labor.
23 You know, now Roger, leaving, of
24 course to put somebody in his place, that's a
25 hard -- those are tough shoes to fill. But with
1104
1 a man named Ryan Stanton that's been mentored by
2 Roger, we have somebody that's going to be great
3 to be a legislative director with the Federation
4 of Labor. Yes, but still very, very hard shoes
5 to fill.
6 So I want to congratulate really
7 Roger's wife, Lillian, his two children, David
8 and Rebecca. And there's Roger, with three
9 grandchildren that he will go and have fun with.
10 But I know Roger Clayman will not be
11 leaving, especially being a labor leader like
12 myself. It's just in your blood, that he cares
13 about -- again, I always say this, the
14 hardworking men and women of labor.
15 And I just want to say
16 congratulations to Roger and his family.
17 And Madam President, I just want to
18 say -- of course it's my honor to say "Let's pass
19 this resolution today."
20 Thank you so much.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Mattera.
23 Senator Kaplan on the resolution.
24 SENATOR KAPLAN: Thank you,
25 Madam President.
1105
1 It is a rare thing in this business
2 to meet someone as real and authentic as
3 Roger Clayman. But from the first time I met
4 Roger, I knew that he was the real deal.
5 His contributions to our community
6 and labor movement are extensive and well-known:
7 Leading numerous successful campaigns to organize
8 workers across the region; charting a course for
9 smarter, more sustainable development across Long
10 Island; and being a passionate voice for the
11 needs and interests of over 250,000 members of
12 the Long Island Federation of Labor.
13 I've been blessed to call Roger a
14 friend throughout my time as a public official,
15 and I'm standing in these chambers as a New York
16 State Senator thanks in no small part to his
17 encouragement and support.
18 So today as we pause and recognize
19 Roger for everything he's done on behalf of the
20 State of New York, I want to thank Roger for
21 always standing up for what is right, giving a
22 voice to working families in our community, and
23 for always being in my corner too.
24 Thank you, Roger, and
25 congratulations in your retirement. I know
1106
1 you're retiring, but we know where to find you,
2 and you're not going far enough.
3 (Laughter.)
4 SENATOR KAPLAN: Thank you.
5 ACTING PRESIDENT MAYER: Thank you,
6 Senator Kaplan.
7 The question is on the resolution.
8 All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MAYER: Opposed,
11 nay.
12 (No response.)
13 ACTING PRESIDENT MAYER: The
14 resolution is adopted.
15 Senator Gianaris.
16 SENATOR GIANARIS: The sponsors of
17 the two resolutions we just took up would like to
18 open them for cosponsorship.
19 ACTING PRESIDENT MAYER: The
20 resolutions are open for cosponsorship. Should
21 you choose not to be a cosponsor of the
22 resolutions, please notify the desk.
23 Senator Gianaris.
24 SENATOR GIANARIS: Let's take up
25 the reading of the calendar, please.
1107
1 ACTING PRESIDENT MAYER: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number 81,
4 Senate Print 5065, by Senator Persaud, an act to
5 amend the Labor Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 30th day after it
10 shall have become a law.
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: In relation to
17 Calendar Number 81, those Senators voting in the
18 negative are Senators Akshar, Borrello, Boyle,
19 Gallivan, Griffo, Helming, Jordan, Lanza,
20 Martucci, Mattera, Oberacker, O'Mara, Ortt,
21 Palumbo, Rath, Ritchie, Stec, Tedisco and Weik.
22 Ayes, 44. Nays, 19.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1108
1 335, Senate Print 3920, by Senator Sanders, an
2 act to amend the Administrative Code of the City
3 of New York.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 346, Senate Print 1187A, by Senator Gianaris, an
18 act to amend the Insurance Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of January.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
1109
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 351, Senate Print 8054, by Senator Mannion, an
8 act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 120th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Senator
18 Mannion to explain his vote.
19 SENATOR MANNION: Thank you,
20 Madam President.
21 I rise in the spirit of good
22 government, thoughtful planning, and turning the
23 lessons of the pandemic into sound and meaningful
24 state policy.
25 The Disabilities Committee has
1110
1 closely examined OPWDD's COVID response. My job
2 as committee chair is to provide robust oversight
3 over OPWDD, and the lack of an emergency staffing
4 plan is glaring.
5 The pandemic exacerbated
6 long-standing workforce issues in the care
7 economy and has propelled us into a full-blown
8 crisis. It's now in a perpetual state of
9 emergency, which is a huge multipronged problem
10 that this body must address.
11 So one way we can start and continue
12 our work is by having a staffing plan, a real
13 blueprint on how to fortify this workforce during
14 this current day-to-day emergency we are living
15 in, and for any contingencies that may arise next
16 week or six months from now, or five years from
17 now.
18 This is smart, it's proven, and it
19 should have been done a long time ago. I believe
20 this type of emergency planning -- if this type
21 of emergency planning were in place already, we'd
22 be feeling much less pain across the system and
23 all of our offices would be receiving fewer phone
24 calls from concerned family members.
25 OPWDD must have an actionable
1111
1 emergency staffing plan, and for that reason I
2 vote in the affirmative.
3 Thank you, Madam President.
4 ACTING PRESIDENT MAYER: Senator
5 Mannion to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 384, Senate Print 1958, by Senator Krueger, an
12 act to amend the Executive Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect on the 90th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 384, voting in the negative:
25 Senator Helming.
1112
1 Ayes, 62. Nays, 1.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 388, Senate Print 5063, by Senator Jackson, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 90th day after it
11 shall have become a law.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Senator
16 May to explain her vote.
17 SENATOR MAY: Thank you,
18 Madam President.
19 This International Women's Day is an
20 appropriate day to be taking up this bill, which
21 guarantees to caregivers the same protections and
22 employment that other protected groups get.
23 Because women are typically the
24 caregivers, and women have been discriminated
25 against either for their childcare or senior-care
1113
1 responsibilities, it is really appropriate and
2 I'm grateful to Senator Jackson for bringing this
3 bill forward.
4 But this bill for me is personal.
5 On my 27th birthday my fiance, Frank, was
6 diagnosed with terminal brain cancer. It was the
7 middle of August, I was getting ready to go back
8 to work as a teacher at a private school in
9 Connecticut, and I called the dean of the faculty
10 to ask if Frank could come and live with me in
11 campus housing, where I was supposed to be
12 living, while he underwent radiation treatment at
13 a nearby hospital.
14 And the dean said, "No, he can't
15 live with you on campus housing. And moreover,
16 we don't think you should come back, because we
17 don't think that you will be able to give your
18 full attention to your students and your duties
19 here."
20 So in addition to being faced with
21 this kind of unimaginable tragedy, I also was out
22 of a job. And I had no recourse. I was not
23 married to Frank at the time. There was nothing
24 that I could do legally about this.
25 But with this bill, here in New York
1114
1 we are protecting people who are doing the
2 caregiving and also need to have a job. And I
3 think that is fundamental and basic, and I'm
4 really grateful for Senator Jackson's bill.
5 And I vote aye. Thank you.
6 ACTING PRESIDENT MAYER: Senator
7 May to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 388, those Senators voting in the
11 negative are Senators Akshar, Borrello, Lanza,
12 Oberacker, O'Mara, Ortt, Rath and Stec.
13 Ayes, 55. Nays, 8.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 446, Assembly Print Number 7886, by
18 Assemblymember Gottfried, an act to amend the
19 Public Health Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
1115
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Senator
3 Weik to explain her vote.
4 SENATOR WEIK: Thank you,
5 Madam President. I rise today to explain my vote
6 on this legislation.
7 Earlier today some of my colleagues
8 across the aisle attended a rally and held up a
9 sign that depicted a plane labeled "Climate
10 Change" and headed toward the Twin Towers.
11 My colleagues, for whatever sick and
12 twisted reason, thought it was appropriate to use
13 imagery from the worst attack this state has ever
14 seen, and use it as a prop to promote their
15 partisan agenda. Every New Yorker should be
16 disgusted at this shameful use of September 11th
17 imagery to promote their political agenda.
18 SENATOR GIANARIS: Madam
19 President. Madam President.
20 (Overtalk.)
21 ACTING PRESIDENT MAYER: Yes. Why
22 do you rise, Senator Gianaris?
23 (Overtalk.)
24 ACTING PRESIDENT MAYER: Excuse --
25 point of order.
1116
1 SENATOR GIANARIS: Madam President,
2 let's try and keep comments germane to the bills
3 before us. I understand there's a desire to
4 score political points, it's part of the job.
5 But what we do --
6 SENATOR WEIK: (Inaudible
7 overtalk.)
8 SENATOR GIANARIS: If I may. I
9 have the floor.
10 ACTING PRESIDENT MAYER: Senator --
11 Senator Weik, let Senator Gianaris finish,
12 please.
13 SENATOR GIANARIS: We take great
14 care, we use great latitude in letting our
15 colleagues express themselves. What Senator Weik
16 is talking about has absolutely nothing to do
17 with the bill before us right now. She's welcome
18 to go outside the chamber and have a press
19 conference if she chooses.
20 But let's try and talk about the
21 bill that's before the house. Otherwise, I would
22 ask the chair to rule her not germane.
23 ACTING PRESIDENT MAYER: Senator
24 Lanza, why do you rise?
25 SENATOR LANZA: Madam President, we
1117
1 have a tradition here on this floor that members
2 are permitted to stand up and explain to the
3 people in this house and to the people of the
4 State of New York their reason, which is personal
5 to them, with respect to why they are either
6 voting in the affirmative or in the negative on
7 any piece of legislation.
8 Now, I've heard for years
9 explanations that didn't seem to make sense to
10 me, but of course they made sense to the person
11 making their vote.
12 And so for Senator Weik, she is
13 telling the people on this floor and around
14 New York why she -- what her personal reason is
15 for voting -- for the way she is voting on this
16 piece of legislation. And we should not be
17 getting into the minds of our colleagues in terms
18 of why or why not they are voting for
19 legislation.
20 ACTING PRESIDENT MAYER: Senator
21 Weik, could you keep your comments as to your
22 explanation to your vote with respect to this
23 bill, S7012.
24 SENATOR WEIK: If I may continue.
25 Every New Yorker should be disgusted
1118
1 at this shameful September 11th imagery --
2 SENATOR GIANARIS: Madam President.
3 ACTING PRESIDENT MAYER: Yes,
4 Senator Gianaris.
5 SENATOR GIANARIS: I ask you to
6 please end Senator Weik's attempted explanation,
7 which has nothing to do with the legislation
8 before the house.
9 We are not going to tolerate a
10 circus in the chamber on a bill that has nothing
11 to do with what she is talking about.
12 I heard Senator Lanza. We often let
13 members speak on a wide variety of issues. We
14 give great latitude to allow that to happen.
15 But this is an outrageous display,
16 and I would ask Madam President to cut this off.
17 Thank you.
18 ACTING PRESIDENT MAYER: Senator
19 Weik, limit your comments to the bill-in-chief,
20 the bill -- and you are explaining your vote.
21 Otherwise I will rule it out of order.
22 SENATOR WEIK: Madam President, I
23 will say that if I could finish my comments,
24 you'll see how it's germane to the bill.
25 ACTING PRESIDENT MAYER: Well --
1119
1 SENATOR WEIK: And I would
2 appreciate that courtesy.
3 ACTING PRESIDENT MAYER: Well,
4 let -- let me remind you that you are explaining
5 your vote with respect to a bill. And rather
6 than finishing your prepared comments, in light
7 of the comments made here, please make your
8 comments relevant to the bill-in-chief and your
9 vote.
10 SENATOR WEIK: So as the wife and
11 mother of law enforcement, I can tell you that
12 New York -- I hail from a community that's lost
13 hundreds of brave men and women in the
14 September 11th attacks. And I cannot contain my
15 anger and disgust at the behavior of my
16 colleagues --
17 ACTING PRESIDENT MAYER: Senator
18 Weik, how do you vote on the bill?
19 SENATOR WEIK: I vote in the
20 affirmative.
21 ACTING PRESIDENT MAYER: Thank you.
22 Senator Weik is to be recorded in
23 the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 63.
1120
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 526, Senate Print 3083, by Senator Salazar, an
5 act to establish an LGBT youth and young adult
6 suicide prevention task force.
7 SENATOR LANZA: Lay it aside.
8 ACTING PRESIDENT MAYER: The bill
9 is laid aside.
10 THE SECRETARY: Calendar Number
11 556, Senate Print 4844B, by Senator Biaggi, an
12 act to amend the Labor Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
1121
1 (Off the record.)
2 ACTING PRESIDENT MAYER: Can we
3 re-read the results of the vote on the last bill.
4 THE SECRETARY: In relation to
5 Calendar Number 556, voting in the negative:
6 Senator Helming.
7 Ayes, 62. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 618, Senate Print 5031, by Senator Serrano, an
12 act to amend the Parks, Recreation and Historic
13 Preservation Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
1122
1 Senator Gianaris, that completes the
2 reading of today's calendar.
3 SENATOR GIANARIS: Let's now move
4 on to the controversial calendar, please.
5 ACTING PRESIDENT MAYER: The
6 Secretary will ring the bell.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 526, Senate Print 3083, by Senator Salazar, an
10 act to establish a LGBT youth and young adult
11 suicide prevention task force.
12 ACTING PRESIDENT MAYER: Senator
13 Borrello.
14 SENATOR BORRELLO: Madam President,
15 would the sponsor yield for a question.
16 ACTING PRESIDENT MAYER: Senator
17 Salazar, do you yield?
18 SENATOR SALAZAR: Yes.
19 ACTING PRESIDENT MAYER: The
20 Senator yields.
21 SENATOR BORRELLO: Thank you,
22 Senator Salazar. Good to see you.
23 I'm going to start off with a little
24 explanation. Last week, this bill was on our
25 calendar, and the bill right before this bill
1123
1 also dealt with suicide prevention. It was
2 S2877, Senator Ramos, Latina suicide prevention
3 task force.
4 That task force, created with seven
5 members -- one appointed by the Governor; one
6 appointed by the Temporary President, the
7 Majority Leader; one appointed by the Minority
8 Leader of the Senate; one appointed by the
9 Speaker of the Assembly; one by the Assembly
10 Minority Leader; and then two by the Commissioner
11 of Mental Health.
12 Now, your bill, which deals with
13 LGBT youth suicide, has seven appointments also:
14 One by the Governor, two by the Temporary
15 President of the Senate, two by the Speaker of
16 the Assembly, and two by the Commissioner of
17 Health. No appointments by the minorities.
18 And my simple question is, why not?
19 SENATOR SALAZAR: Through you,
20 Madam President. Frankly, we don't see this as a
21 partisan issue, the issue of LGBT youth suicide,
22 suicides and attempted suicides among young
23 people who identify as LGBTQ. We feel that it is
24 sufficient that the Temporary President of the
25 Senate, our Majority Leader, would appoint --
1124
1 would make two appointments. And likewise for
2 the Speaker in the Assembly.
3 Would certainly encourage all of our
4 colleagues, regardless of political party, to
5 recommend appointments for the Majority Leader to
6 make, and I imagine that she would consider them
7 as long as they are qualified given the
8 qualifications outlined in the bill for members
9 of the task force.
10 SENATOR BORRELLO: Madam President,
11 will the sponsor continue to yield?
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield, Senator Salazar?
14 Yes, the Senator yields.
15 SENATOR BORRELLO: So I heard your
16 explanation, yet I just explained the previous
17 bill that did indeed have Minority appointments.
18 And since you only have one per person in that
19 one -- you know, obviously two is still a small
20 number, but the bottom line is there's absolutely
21 no requirement for anyone representing the
22 millions of New Yorkers that are in
23 Republican-led districts.
24 So you're saying it's not a partisan
25 issue, but yet there is only one party that gets
1125
1 to appoint people to this.
2 So again, my question is, Why
3 wouldn't we give a diverse group of people the
4 opportunity to be present on this very important
5 issue? And I can tell you, representing a rural
6 community, that this is an issue even in our
7 rural communities.
8 SENATOR SALAZAR: Through you,
9 Madam President. Absolutely. I think that this
10 is an issue across the State of New York.
11 There is -- it is mentioned in the
12 legislation that geography should be considered,
13 that the members of the seven-member task force
14 should reflect the geographic diversity of our
15 state and represent the geographic diversity of
16 our state.
17 I do strongly feel that this is not
18 a partisan issue, in that the Majority Leader, in
19 making her two appointments -- and likewise with
20 the Assembly Speaker -- that they would certainly
21 consider people regardless of their political
22 party.
23 And there's nothing in the
24 legislation that bars anyone based on their
25 political party or whether they live in a rural
1126
1 area from participating -- or, rather, being
2 appointed as a member of the task force. And I
3 certainly would encourage Senator Borrello and
4 any of my colleagues to offer those
5 recommendations to be appointed.
6 SENATOR BORRELLO: Madam President,
7 on the bill.
8 ACTING PRESIDENT MAYER: Senator
9 Borrello on the bill.
10 SENATOR BORRELLO: Senator Salazar,
11 thank you very much.
12 My good friend Senator Rath often
13 says that Albany is the land of unintended
14 consequences, and I personally believe this is a
15 perfect example of that.
16 Regardless of the intent, this bill
17 doesn't have any appointments by the Republican
18 Minority. And what does that say? Well, what it
19 says, quite frankly, whether it's intended or
20 not, is that this isn't a problem for the
21 millions of New Yorkers that are represented by a
22 Republican member of the Senate or the Assembly.
23 But yet it is. I can tell you that
24 an LGBT youth growing up in a rural part of
25 New York faces many challenges and does need
1127
1 help. And a representative from someone in the
2 unique situation like that should be really, I
3 think, required. But yet we don't have that
4 opportunity to make that requirement.
5 And what it says is when that task
6 force is put together, Republicans don't think
7 this is a problem, this is not an issue. That's
8 the message that's being sent. And that's really
9 a sad message, because the easiest thing to do is
10 to do what the other bill did, and to give an
11 appointment to each side. For a topic that
12 should not be partisan, but yet here we are, with
13 what is a fundamentally partisan task force.
14 Will we send a recommendation?
15 Certainly. But to have our own appointment, for
16 us to submit names for the millions of
17 New Yorkers that we represent, I think that's
18 important. And I think if the situation was
19 reversed, my friends on the other side of the
20 aisle would be saying the exact same thing to us.
21 This is a topic that touches every
22 part of New York. Whether you come from a town
23 with one streetlight or the metropolis of
24 New York City, this is an issue. This should not
25 be a one-sided, partisan task force.
1128
1 I'm voting yes because I think it's
2 important, and I'm hopeful that perhaps somebody
3 will reconsider. But in the end, the unintended
4 consequence is what we have.
5 Thank you, Madam President.
6 ACTING PRESIDENT MAYER: Senator
7 Stec.
8 SENATOR STEC: Will the sponsor
9 please yield.
10 ACTING PRESIDENT MAYER: Senator,
11 do you continue to yield?
12 SENATOR SALAZAR: Yes.
13 ACTING PRESIDENT MAYER: The
14 Senator yields.
15 SENATOR STEC: Thank you,
16 Madam President.
17 Thank you, Senator Salazar.
18 Listening to the debate just a
19 moment ago, I want to highlight a few things and
20 then follow with one question.
21 Senator Borrello I think adequately
22 pointed out that there's -- we do a lot of these
23 bills where there's appointments, on a variety of
24 subjects. And they're inconsistent in how
25 they're put together, which makes one wonder why
1129
1 is there a difference.
2 And I suppose from subject to
3 subject, if I was in the Majority and I wanted to
4 make sure that a certain discussion went my way.
5 I might use that authority of the Majority to
6 make sure that the composition of that task force
7 or whatever reflected the group of people that
8 are going to get to the answer that I want to get
9 to.
10 It may not be wise, it may not be
11 fair, but that's the nature of democracy. It's
12 good to be king. It's good to be in the
13 majority.
14 But as my colleague pointed out,
15 recently we had two bills back to back, both
16 dealing with suicide. One might ask, Why not
17 just have one task force anyways? I mean,
18 suicide is a big problem. Let's focus -- I mean,
19 why are we going to fracture suicide?
20 But be that as it may, there were
21 two different bills side by side. One allowed
22 for appointments from the minorities, the other
23 did not.
24 Senator Salazar, the sponsor of
25 today's bill, was not present for that debate.
1130
1 The bill was laid aside with the promise that
2 there was going to be a conversation inquiring
3 about that. So there's been an opportunity to
4 consider this. And yet here we are voting on
5 this bill today.
6 And if there's one thing that I
7 agree completely with the sponsor on, it's that
8 suicide is not a partisan issue. Suicide affects
9 all of us. Gay, straight, male, female, Black
10 and white, Republican and Democrat, we all care
11 about the issue. All of us.
12 And I agree with my colleague that
13 it does send a message, a very subtle subtext
14 that Republicans aren't interested. They
15 don't -- people don't know why this is the way it
16 is. And that's why every once in a while, when
17 we see these bills come up that are squirrelly in
18 the way that they appoint members and who gets to
19 appoint members, some of us vote no. Not because
20 we don't believe in the issue, but because we see
21 a fundamental unfairness in the way that we are
22 operating the levers of our democracy here in
23 this chamber.
24 ACTING PRESIDENT MAYER: Senator
25 Stec, do you have a question?
1131
1 SENATOR STEC: My question is: If
2 suicide, we agree, is not a partisan issue, then
3 in the name of bipartisanship I would ask the
4 sponsor if she would be willing to lay this bill
5 aside today and make an amendment and we'd happy
6 to all vote on a bill that reflects all of our
7 interests on addressing the issue and plague of
8 suicide in the State of New York.
9 Thank you, Madam President.
10 ACTING PRESIDENT MAYER: Senator
11 Salazar.
12 SENATOR SALAZAR: Through you,
13 Madam President. First, I do want to note that
14 the reason that this task force does specifically
15 focus on LGBT youth suicides is because, based on
16 information we have from the CDC, suicide is the
17 second leading cause of death among young people
18 ages 10 to 24.
19 A study by the National Center for
20 Transgender Equality found that 40 percent of
21 transgender adults attempted suicide, and that
22 92 percent of those attempts actually happened
23 before those individuals were the age of 25.
24 So this is definitely an issue that
25 I'd say disproportionately impacts the specific
1132
1 demographic that this task force would be
2 researching and looking at the causes for.
3 You'll notice in this legislation
4 there is no explicit mention of political party,
5 whether Democrat, Republican, otherwise. And
6 that's because it is not relevant to creating
7 this task force.
8 And I truly would encourage
9 Senator Stec and all of my colleagues, if there
10 is anyone who you would want to see on a task
11 force like this who is qualified, who has
12 relevant experience in the field of mental
13 health, knowledge related to LGBT youth and young
14 adults, I'm sure that they would be considered
15 and perhaps appointed to the task force, without
16 any regard for their political party.
17 But beyond that, you know, I do want
18 to just point out that we passed this bill last
19 year, and every member of this body, both
20 political parties, voted to pass this bill. It
21 has not been amended since then.
22 ACTING PRESIDENT MAYER: Senator
23 Stec.
24 SENATOR STEC: Madam President, if
25 the sponsor would continue to yield.
1133
1 ACTING PRESIDENT MAYER: Do you
2 continue to yield?
3 SENATOR SALAZAR: Yes.
4 ACTING PRESIDENT MAYER: The
5 Senator yields.
6 SENATOR STEC: Thank you,
7 Madam President. Through you.
8 I asked a yes-or-no question, and I
9 did not hear a yes-or-no answer.
10 In the name of bipartisanship, on a
11 subject as delicate and important to every
12 New Yorker as suicide prevention, are you willing
13 to address the issue that's been laid in front of
14 you by making a simple amendment to allow the
15 Minority Leader of this chamber and the Assembly
16 chamber to have an appointment, just like the
17 previous bill that dealt with suicide that we
18 voted on just days ago?
19 SENATOR SALAZAR: Through you,
20 Madam President. No, I do not have any intention
21 of amending this bill that is on the floor.
22 I strongly feel that any political
23 representation could be represented in this task
24 force, because the truth is that political party
25 is not relevant to the qualifications.
1134
1 ACTING PRESIDENT MAYER: Senator
2 Stec.
3 SENATOR STEC: Madam President, on
4 the bill.
5 ACTING PRESIDENT MAYER: Senator
6 Stec on the bill.
7 SENATOR STEC: Every member of this
8 chamber is going to vote in favor of this bill
9 anyways, in spite of the lack of flexibility and
10 bipartisanship.
11 But my encouragement to every member
12 of this chamber -- and you're all good people.
13 And we may differ on many political ideologies,
14 but this is something that is near and dear to
15 all of us. We all know people that have taken
16 their lives. We all want to stop it.
17 Moving forward, I encourage all of
18 you to be fair, certainly on anything as delicate
19 as suicide and the creation of a simple task
20 force, and allowing all elected representation in
21 this chamber to have input into the composition
22 of this task force. Whether it's suicide or
23 anything else, I don't understand the
24 inconsistency. I don't see the value in it. All
25 I see is it continues to pour gas on the
1135
1 political flames that have created a gulf in
2 Albany, in our state and in our country.
3 This is beneath the Senate. We are
4 better people than this. And if we're not going
5 to fix this today, then I encourage you all to
6 bring it back in future legislation and do it the
7 right way.
8 Thank you, Madam President.
9 ACTING PRESIDENT MAYER: Are there
10 any other Senators wishing to be heard?
11 Seeing and hearing none, debate is
12 closed.
13 The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 60th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Senator
22 Hoylman to explain his vote.
23 SENATOR HOYLMAN: Thank you,
24 Madam President.
25 And thank you to my colleagues for
1136
1 their support of this legislation. Thank you,
2 Senator Salazar, for your defense of it and for
3 sponsoring it.
4 I want to state very clearly that we
5 are experiencing an epidemic of suicide among
6 young people in the LGBTQ community. As Senator
7 Salazar mentioned, suicide is the second leading
8 cause of death among those aged 10 to 24 years
9 old, and LGBTQ young people have an even higher
10 risk -- more than four times more likely than
11 their peers to attempt suicide.
12 According to The Trevor Project,
13 which is a suicide prevention organization
14 focused on LGBTQIA youth, they estimate that one
15 LGBTQ youth between the ages of 18 -- between the
16 ages of 13 and 24 attempts suicide every
17 45 seconds in the United States. So just while
18 we were speaking during this debate, there were a
19 half dozen or more young people contemplating and
20 attempting suicide here in the U.S.
21 And it's really no wonder why, if
22 you think about it, if you think about the
23 messages that are being sent by political leaders
24 all across this country. Just today in
25 Florida -- today -- lawmakers sent the so-called
1137
1 Don't Say Gay bill to the governor's desk, and
2 the Governor there is likely to sign it. And
3 this bill that is before the Florida legislature
4 is going to force teachers and students to
5 pretend that issues of sexual orientation and
6 gender identity don't exist, essentially erase
7 the LGBTQ community from the Florida curriculum.
8 And that stigma, I would proffer, is going to
9 lead students to bullying, depression and
10 suicide.
11 And in Texas the government is
12 investigating, investigating parents who love and
13 support their transgender children as child
14 abusers. Parents shouldn't be afraid to provide
15 the guidance, care and support their children
16 need and are asking for.
17 And right here in New York, there
18 was a former governor who gave comments before a
19 convention referring to the dilemma that
20 transgender New Yorkers face, and mocking their
21 desire to be referred by pronouns they're
22 comfortable with. And we have a mayor who has
23 appointed three well-known homophobes to high
24 levels of office in City Hall.
25 So it's no wonder that our kids are
1138
1 questioning their identity. And I would argue
2 that we all have to look at ourselves in this
3 chamber, our past votes -- don't forget, there
4 were 10 years in this chamber of LGBTQ efforts
5 that were blocked every step of the way. We even
6 tried to get money in the budget for a hate
7 crimes memorial; that was blocked by my
8 colleagues in this chamber.
9 We have to look at ourselves and our
10 actions, our colleagues in different states.
11 This task force is an important step forward to
12 begin that analysis. But let us all urge and
13 unite in supporting our LGBTQ youth.
14 So I want to thank all my colleagues
15 here, no matter what party, for their support of
16 this important initiative, and mostly Majority
17 Leader Stewart-Cousins and Senator Salazar.
18 I vote aye.
19 ACTING PRESIDENT MAYER: Senator
20 Hoylman to be recorded in the affirmative.
21 Senator Harckham to explain his
22 vote.
23 SENATOR HARCKHAM: Thank you,
24 Madam President.
25 A lot has been said, so I'll be very
1139
1 brief. But I would like to thank Senator Salazar
2 for this very important piece of legislation.
3 As we know, LGBTQ youth suicide is
4 the highest category of any suicide by far. And
5 we really need to get a handle on this. We look
6 to this in terms of homelessness, in terms of
7 substance use disorder. But this suicide rate is
8 staggeringly high. And a lot of it is due to the
9 stigma that Senator Hoylman just mentioned, not
10 to mention states cutting off healthcare to LGBTQ
11 youth, denying them access in sports, and banning
12 of books. As he said, this is happening in
13 New York State school districts, the desire to
14 burn certain books. This stigma right here in
15 New York has an impact on our LGBTQ youth.
16 So I applaud this decision. We need
17 to move forward rapidly. And we need to bring
18 all the resources to bear so that we can address
19 these issues and wrap our supports around LGBTQ
20 youth before we get to this crisis point.
21 I'll be voting aye.
22 ACTING PRESIDENT MAYER: Senator
23 Harckham to be recorded in the affirmative.
24 Senator Salazar to explain her vote.
25 SENATOR SALAZAR: Thank you again,
1140
1 Madam President.
2 And I also want to thank my
3 colleagues across the aisle and all of my
4 colleagues for your commitment to addressing the
5 serious problem of suicides among young people,
6 and particularly LGBTQ young people. We know
7 that LGBTQ youth are five times more likely to
8 have attempted suicide compared to their
9 heterosexual peers.
10 This is a very serious and tragic
11 problem in our state. And I'm grateful that
12 today we are taking this action to create this
13 task force and to come up with solutions that
14 focus on the needs of LGBTQ New Yorkers and
15 particularly young people.
16 I vote aye.
17 ACTING PRESIDENT MAYER: Senator
18 Salazar to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 Senator Gianaris, that completes the
24 reading of the controversial calendar.
25 SENATOR GIANARIS: Thank you,
1141
1 Madam President.
2 If we could just return to motions
3 for a moment.
4 On behalf of Senator Skoufis, on
5 page 26 I offer the following amendments to
6 Calendar 487, Senate Print 1843A, and ask that
7 said bill retain its place on Third Reading
8 Calendar.
9 ACTING PRESIDENT MAYER: The
10 amendments are received, and the bill will retain
11 its place on the Third Reading Calendar.
12 SENATOR GIANARIS: Thank you.
13 Is there any further business at the
14 desk?
15 ACTING PRESIDENT MAYER: There is
16 no further business at the desk.
17 SENATOR GIANARIS: Move to adjourn
18 until tomorrow, Wednesday, March 9th, at
19 3:00 p.m.
20 ACTING PRESIDENT MAYER: On motion,
21 the Senate stands adjourned until Wednesday,
22 March 9th, at 3:00 p.m.
23 (Whereupon, at 4:25 p.m., the Senate
24 adjourned.)
25