Regular Session - March 22, 2022
1491
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 22, 2022
11 3:47 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LIEUTENANT GOVERNOR BRIAN A. BENJAMIN, President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
1492
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 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 THE PRESIDENT: Rabbi Abraham
9 Cooper, of the Simon Wiesenthal Center and Museum
10 of Tolerance, will deliver today's invocation.
11 RABBI COOPER: (In Hebrew.) Our
12 God in heaven, I dedicate my remarks today in
13 honor and memory of Boris Romanchenko, a
14 96-year-old Holocaust survivor. Hitler couldn't
15 kill him, Nazi commandants of four death camps,
16 including Bergen-Belsen and Buchenwald, couldn't
17 kill him. But Vladimir Putin's troops killed
18 him. He died in his apartment, under assault in
19 the city of Kharkiv, Ukraine.
20 We're gathering today at a time of
21 raging antisemitism and the unbelievable invasion
22 of Ukraine by Russian forces.
23 Our kids are bombarded on TikTok and
24 in online games with pro-Nazi, antisemitic and
25 anti-Asian messaging. We're all subject to
1493
1 Holocaust denial from the Iranian regime,
2 Holocaust distortion from Putin's propaganda
3 machine, and the co-opting of Holocaust imagery
4 by some anti-vaxxers. And each of us has a
5 front-row seat as we watch evil unleashed against
6 innocent children, their parents, as we watch and
7 see cities reduced to rubble.
8 So let us use a moment of silent
9 prayer to awaken our conscience, to stiffen our
10 resolve, to inspire each of us to action on
11 behalf of our families, of our neighbors, and on
12 behalf of millions of innocent people suffering
13 at the hands of tyranny.
14 Amen.
15 (Response of "Amen.")
16 THE PRESIDENT: Reading of the
17 Journal.
18 THE SECRETARY: In Senate, Monday,
19 March 21, 2022, the Senate met pursuant to
20 adjournment. The Journal of Sunday, March 20,
21 2022, was read and approved. On motion, the
22 Senate adjourned.
23 THE PRESIDENT: Without objection,
24 the Journal stands approved as read.
25 Presentation of petitions.
1494
1 Messages from the Assembly.
2 The Secretary will read.
3 THE SECRETARY: Senator Rivera
4 moves to discharge, from the Committee on Health,
5 Assembly Bill Number 289C and substitute it for
6 the identical Senate Bill 2121C, Third Reading
7 Calendar 274.
8 THE PRESIDENT: So ordered.
9 THE SECRETARY: Senator Skoufis
10 moves to discharge, from the Committee on Codes,
11 Assembly Bill Number 1713A and substitute it for
12 the identical Senate Bill 1735A, Third Reading
13 Calendar 460.
14 THE PRESIDENT: So ordered.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 Senator Gianaris.
22 SENATOR GIANARIS: Good afternoon,
23 Mr. President.
24 I move to adopt the Resolution
25 Calendar, with the exception of Resolution 2116.
1495
1 THE PRESIDENT: All those in favor
2 of adopting the Resolution Calendar, with the
3 exception of Resolution 2116, please signify by
4 saying aye.
5 (Response of "Aye.")
6 THE PRESIDENT: Opposed, nay.
7 (No response.)
8 THE PRESIDENT: The Resolution
9 Calendar is adopted.
10 Senator Gianaris.
11 SENATOR GIANARIS: Okay, we're
12 going to take up a few resolutions at this point,
13 Mr. President.
14 Let's begin with previously adopted
15 Resolution 1580, by Senator Akshar, read its
16 title only, and recognize Senator Akshar.
17 THE PRESIDENT: The Secretary will
18 read.
19 THE SECRETARY: Senate Resolution
20 1580, by Senator Akshar, memorializing
21 Governor Kathy Hochul to proclaim March 21, 2022,
22 as Down Syndrome Awareness Day in the State of
23 New York, in conjunction with the observance of
24 World Down Syndrome Day.
25 THE PRESIDENT: Senator Akshar on
1496
1 the resolution.
2 SENATOR AKSHAR: Mr. President,
3 thank you. Good to see you.
4 My thanks to the Floor Leader and
5 the Majority Leader for allowing me to bring this
6 resolution to the floor.
7 Today we recognize World Down
8 Syndrome Day, which in fact was yesterday, but we
9 recognize it on the floor today. We of course
10 celebrate the lives of millions and millions of
11 people across the world that live with Down
12 syndrome every day. This year's theme is
13 "Inclusion Means." Because depending on where
14 you live, where you're from, throughout the world
15 the definition of inclusion can mean different
16 things.
17 Sadly, around the world and frankly
18 even in our own country, there are still negative
19 attitudes, lower expectations, there is
20 discrimination, there is exclusion, there are
21 still people who look down upon those that have
22 Down syndrome -- which leads people who have
23 Down syndrome to feel as though they're being
24 left out or they're not equal.
25 I'm proud to say, Mr. President,
1497
1 that that is not the case in my hometown of
2 Binghamton, Senate District 52. I rise to do my
3 part in ensuring that all of us, not only in this
4 house but across this great state, recognize that
5 those with Down syndrome smile just like us, they
6 love just like us, they laugh just like us, and
7 they simply want to live a life of happiness and
8 be included.
9 Now, I have come to know so
10 many loving people throughout my district that
11 live with Down syndrome every day. Julianne
12 "Juice" Horton, whom you've all met on the very
13 floor of this house; Birdie, Austin, Katie,
14 Morgan, Chris, Jessica, Timmy, Grady, Cameron,
15 and so many more. Even Cooper Busch, who is no
16 longer with us.
17 My friend Birdie yesterday said that
18 "We may have Down syndrome, but in our hearts we
19 have Up syndrome, and we are proud of that." And
20 I rise in front of all my colleagues and the
21 people of this great state to say we too are
22 proud of you.
23 The people that I recognize this
24 afternoon are living proof that every single
25 person with Down syndrome deserves to be
1498
1 included. They deserve to be celebrated, to
2 love, to be loved, to be hugged and showered with
3 blessings, and they certainly deserve to have the
4 same opportunities that we do.
5 Allow this day to be a reminder that
6 we should cherish every single life and that we
7 are all God's children regardless of ability.
8 And every single life does in fact matter.
9 So I stand today very proud in
10 recognition and in celebration of the folks that
11 live in my district with Down syndrome, just to
12 let you know how incredibly proud I am that you
13 have allowed both me and my family and my team to
14 be part of your life.
15 Also, Mr. President, I want to give
16 a big shout out to a local not-for-profit in my
17 district, GiGi's Playhouse of the Southern
18 Tier -- a big shout out to the executive board
19 members as well as to the volunteers of that
20 organization, who are doing amazing work back in
21 my home district taking care of those with Down
22 syndrome.
23 Mr. President, I thank you for your
24 indulgence.
25 THE PRESIDENT: Thank you.
1499
1 Senator Borrello on the resolution.
2 SENATOR BORRELLO: Thank you,
3 Mr. President.
4 I rise today also to honor World
5 Down Syndrome Day. I'd like to thank
6 Senator Akshar for bringing this resolution
7 forward, and certainly everyone on both sides of
8 the aisle for recognizing this.
9 I have a very special family in my
10 district, the Hotellings, Wayne and Elaine
11 Hotelling and their daughter Laurel. Back in
12 1997, in an effort to bring more awareness to
13 Down syndrome and those with special needs, they
14 created the Laurel Run. And this was not just in
15 honor of their daughter, but Laurel was an active
16 part of this -- in developing it, in raising so
17 much enthusiasm, support and funding for those
18 with special needs and special abilities.
19 This went on -- it was supposed to
20 be just one year, in 1997. Instead, it went on
21 in 1998 and continues on to this day. I walk
22 every year -- walk, not run -- in the Laurel Run,
23 and I find it not only exhilarating to see
24 everyone coming together, but at the end, we do
25 something called Laurel's Lap. And this is where
1500
1 all those folks who may not be able to do the
2 entire run have to do a lap around my hometown of
3 Silver Creek, New York. It's been an amazing
4 experience.
5 We lost Laurel a couple of years
6 ago, but her legacy lives on. And what she has
7 done for the community and for those with special
8 abilities lives on.
9 So today we honor those folks like
10 Laurel who have once again made a huge difference
11 in our lives and the lives of so many others.
12 So thank you, Mr. President.
13 THE PRESIDENT: Senator Oberacker
14 on the resolution.
15 SENATOR OBERACKER: Thank you,
16 Mr. President.
17 World Down Syndrome Day has a
18 special meaning for so many reasons. I'm
19 fortunate to represent Otsego County and the
20 small village of Edmeston, New York, in the
21 51st Senate District, home to Pathfinder Village.
22 The world-renowned residential home
23 and research facility is a leader in
24 community-based services for children and adults
25 with Down syndrome and other developmental
1501
1 disabilities. Originally established in 1922 as
2 a two-building school, Pathfinder now encompasses
3 300 acres, a dairy farm, a community youth soccer
4 field and a health center. There's a bakery, a
5 cafe, a fresh fruit and vegetable market. All of
6 these elements help showcase what individuals can
7 achieve when simply given the opportunity.
8 The devoted, caring teachers and
9 staff do an incredible job and are helping change
10 lives in a profound way. It is truly
11 inspirational.
12 It is my honor to rise and pay
13 tribute to everyone at Pathfinder Village and all
14 who are helping show just how much those with
15 Down syndrome can accomplish.
16 Thank you, Mr. President.
17 THE PRESIDENT: Senator Tedisco on
18 the resolution.
19 SENATOR TEDISCO: Thank you,
20 Mr. President.
21 Whenever this day comes around, it
22 brings back some tremendous memories for I think
23 those of us who have had a family member who was
24 faced with this particular challenge.
25 And I call it a challenge because
1502
1 there's nobody in this room that is not
2 challenged in one way or another. Their
3 challenge may be heightened a little bit and is
4 something that's more of an appearance thing, but
5 it brings back wonderful memories of my brother
6 Joesy, Joseph Tedisco, who at 15 years of age
7 succumbed to leukemia back in 1975, many years
8 ago.
9 And I think about him and if he was
10 alive today with childhood leukemia in the
11 direction we've taken with the scientific
12 knowledge, the medical knowledge and the
13 technical knowledge now -- my father wouldn't
14 have been with him, with us in the outer room,
15 stroking his head in the hospital as he suffered
16 this terrible, tragic death he had from leukemia
17 at the age of 15. I think about if he was here
18 today, if he had been born a little bit later.
19 But I think you have to be a family
20 member to understand how it impacts not only the
21 individual who has the Down syndrome, if they're
22 part of your family, but how that child can
23 impact you as a family member.
24 And I think I've mentioned this
25 before on this floor about my mom and my dad. My
1503
1 dad was a foundry worker for 30 years in the
2 foundry. And a terrible place to work -- you
3 wouldn't want to go down there. He succumbed to
4 stomach cancer because of inhaling the asbestos,
5 red-hot molten steel. And my mother spent all
6 those years at home with Joey. She was a
7 stay-at-home mom.
8 But I remember that they didn't have
9 the situation where you would bring somebody in
10 and they'd give a brief respite, where they could
11 go out to dinner or go to a movie -- 24/7, we all
12 had our duties, we all had to be there, my
13 brother Tom, myself.
14 But through it all, we learned a lot
15 about unconditional love. We learned a lot about
16 the ability of someone who, as has been mentioned
17 by the Senator, might have been looked upon, when
18 Joey was born -- because I remember when the
19 doctor came in to sit down with my mother, and he
20 said, "I'm very sorry to say this to you,
21 Mrs. Tedisco, but your son has Down syndrome."
22 And she said, "What does that mean?" "Well, it's
23 a genetic disorder. And maybe you don't want to
24 take Joey home. Maybe there's a place in Rome
25 where they have a community." And my mother I
1504
1 remember looking at him, and my father was there
2 with us, and she said, you know, "Stop right
3 there. This is an Italian family. We don't send
4 children to Rome, we take them home with us."
5 And we took Joey home with us, and
6 he taught us some tremendous lessons as a
7 family -- the sacrifices you have to make for
8 each other, but the gifts you get back from
9 learning from someone who probably today could
10 have had so much more enhanced skills because
11 we've come such a long distance in terms of
12 respecting diversity and differences in people.
13 We talk about that every day here --
14 cultural backgrounds, genders, sexual
15 orientation, all those things. But I don't think
16 we talk about enough maybe what we might call
17 disabilities. And I don't think we should even
18 use that word for people who are challenged.
19 Because Joey was challenged, and all those
20 children with Down syndrome are challenged, but
21 everyone in this room, if you want to say you're
22 challenged, you have a disability too.
23 So I think we've got to stop using
24 all those words and say that these are challenged
25 children, just like other children are
1505
1 challenged. But I see them acting on TV, I see
2 them doing jobs, as has been said now.
3 And Joey reminded me, when I got
4 into public service, what the role of all of us
5 is. And it's very simple role. I get a lot of
6 fifth-graders that come in to visit us, and they
7 say, Well, what do you do? What's your job? And
8 at first when they asked me that question I was
9 thinking all these things -- provide your
10 education -- it's pretty simple. We are here as
11 public servants on a local, on a state, on a
12 federal level, to do everything we can to remove
13 the obstacles, to help remove the obstacles that
14 are before every one of the constituents we
15 represent so they can be everything they can be
16 with the God-given talents they've been given.
17 Then just get out of their way and let them
18 strive for it.
19 And that's something that we have an
20 obligation for for every single one of our
21 constituents that are challenged like Joey was.
22 And I'm happy we've come this distance, but I
23 think we've got miles to go right now. And when
24 we talk about what's happening with those
25 children, they're challenged just like everyone
1506
1 else is challenged, and we have to open the world
2 to them even more than it is opened up now.
3 And I thank the sponsor -- I'm proud
4 to be a sponsor -- and all the sponsors of this
5 resolution, because it's important to talk about
6 it.
7 Thank you very much Mr. President.
8 THE PRESIDENT: The resolution was
9 previously adopted on January 11th.
10 Senator Gianaris.
11 SENATOR GIANARIS: Can we now move
12 on to Resolution 2116, by myself, read that
13 resolution's title, and recognize me on the
14 resolution.
15 THE PRESIDENT: The Secretary will
16 read.
17 THE SECRETARY: Senate Resolution
18 2116, by Senator Gianaris, memorializing
19 Governor Kathy Hochul to proclaim March 2022 as
20 Greek History Month in the State of New York, in
21 conjunction with the commemoration of the 201st
22 anniversary of Greek independence.
23 THE PRESIDENT: Senator Gianaris on
24 the resolution.
25 SENATOR GIANARIS: Thank you,
1507
1 Mr. President.
2 We in New York, more than anywhere
3 anything else in the world, value our diversity
4 and the many contributions made to our state from
5 people that come from all over the world. And no
6 group deserves that recognition more than my own
7 heritage. Greek-Americans have done a tremendous
8 amount to help New York be what is -- indeed,
9 help the world be what it is. My parents,
10 immigrants themselves, like so many people in
11 New York, came here from somewhere else at a
12 difficult time to find a better life. And they
13 were fortunate enough now they get to vote for
14 their own son to represent them in the State
15 Senate.
16 And, you know, I remember it
17 wasn't -- I guess it was long ago. I was going
18 to say it wasn't too long ago when I was the
19 first Greek from New York City to get elected to
20 office. But it was a while ago now, going back
21 20 years. And of course I've been followed by my
22 colleague Senator Gounardes, in the Hudson Valley
23 by Senator Skoufis, and the rich tradition is
24 growing in the contributions to our government
25 here in New York.
1508
1 Our community is teased for taking
2 credit for everything under the sun. And it's
3 funny, and it's been in movies and all of that.
4 But the thing about it is, it's totally true.
5 (Laughter.)
6 SENATOR GIANARIS: So whether we're
7 talking about science or mathematics or
8 healthcare or politics or the very democracy we
9 practice here today, so much of it got started
10 back in ancient times in my parents' homeland and
11 the homeland of so many who have called New York
12 home over the years.
13 And so today, as we do every year,
14 we pause to acknowledge, as we get close to Greek
15 Independence Day -- it's actually on Friday --
16 recognize Greek history, appreciate all its
17 contributions to our state, and thank the people
18 of Greece and those who came before us for giving
19 us these opportunities.
20 So thank you, Mr. President.
21 THE PRESIDENT: Senator Jordan on
22 the resolution.
23 SENATOR JORDAN: Mr. President and
24 my colleagues, I rise to speak on the resolution
25 before us memorializing the Governor to proclaim
1509
1 March 2022 as Greek History Month in New York
2 City.
3 Speaking as a State Senator that's
4 deeply proud of her Greek heritage, I'm honored
5 to support this important bipartisan resolution
6 celebrating and recognizing the vital importance
7 of Greek history. This year marks the 201st
8 anniversary of Greek independence. Greeks
9 proudly trace our shared heritage and our
10 venerable history back thousands of years in
11 Europe. Greece established modern civilization,
12 rightfully credited as the birthplace of
13 democracy, which we practice and cherish and seek
14 to uphold in this very chamber and celebrate as a
15 nation.
16 Ancient Greece also laid the
17 foundations of modernity -- logic, science,
18 lyrics, philosophy and history. There is an
19 ancient Greek proverb: "Win by persuasion, not
20 by force." And yes, while Greeks pride
21 themselves on a persuasive argument, reason and
22 logic, Greeks have also stood strong fighting
23 against tyranny and oppression.
24 As noted in Senator Gianaris's
25 resolution, Winston Churchill famously said, in a
1510
1 BBC speech: "Until now we used to say that the
2 Greeks fight like heroes. And now we shall say
3 the heroes fight like Greeks."
4 New York State houses the Manhattan
5 headquarters of the Greek Orthodox Archdiocese of
6 America, and we continue to have strong
7 relationships and productive partnerships with
8 the Federation of Hellenic-American Societies.
9 My family has deep, strong, proud
10 roots in Greece, which I had the good fortune to
11 visit a few years ago. It was an incredible
12 journey and an incredible place, steeped in
13 culture, history and a genuine love of life
14 well-lived.
15 As further evidence of those strong
16 roots, my father's full name was Democritos
17 Demitri Venizelos Veras -- but he just went by
18 "Jim." And my father's parents, James from
19 Mytilene, and Mary from Evia, and my mother's
20 parents -- Leo, from Skoura, and his wife
21 Camille's family -- are from Kostania.
22 My grandparents entered the United
23 States in the early 1900s, each by themselves at
24 the age of 12 or in their early teens, and
25 quickly assimilated and became a patriotic part
1511
1 of our American mosaic.
2 Like everyone here, I'm proud of my
3 heritage. I recognize the countless cultural and
4 civic contributions made by Greeks to our country
5 and to our world. And I'm genuinely honored to
6 support this bipartisan resolution memorializing
7 March as Greek History Month here in New York to
8 celebrate our fellow Greek-Americans who call our
9 state home.
10 Zito Hellas! And thank you,
11 Mr. President, and my colleagues.
12 THE PRESIDENT: Senator Gounardes
13 on the resolution.
14 SENATOR GOUNARDES: Thank you,
15 Mr. President.
16 Thank you, Senators Gianaris and
17 Jordan for your remarks.
18 About 60 or so years ago,
19 Edith Hamilton wrote: "We think and feel
20 differently because of what a little Greek town
21 did during a century or two 2400 years ago."
22 This year we are celebrating the
23 201st anniversary of Greece's independence
24 after 400 years ago of subjugation and slavery by
25 the Ottoman Empire. On March 25, 1821,
1512
1 revolutionary fighters gathered together with
2 Metropolitan Germanos in the monastery of
3 Agia Lavra in the village of Kalavryta and
4 declared the beginning of the revolution against
5 Ottoman oppression.
6 What followed was a seven-year war
7 that ended with the creation of the Hellenic
8 Republic and would lead to the spread of
9 revolutionary fervor across the European
10 continent, and help remake the world.
11 As a fourth generation
12 Greek-American, I am incredibly proud of this
13 history. I think about the words of the Greek
14 national anthem, the Hymn to Liberty, by
15 Dionysius Solomos:
16 "I shall always recognize you by the
17 dreadful sword you hold, as the earth, with
18 searching vision, you survey with spirit bold.
19 "From the Greeks of old whose dying
20 brought to life our spirit free, now with ancient
21 valor rising, let us hail you, O Liberty."
22 Every time I hear that anthem -- and
23 I've heard it a lot, as someone who went to Greek
24 School for 10 years -- I swell with pride at that
25 poem's conclusion, a resounding ode to the price
1513
1 and cost of national freedom. How fitting is it
2 to reflect on these words as we see the people of
3 Ukraine fight for the survival of their country,
4 of their history, and paying for their liberty
5 with their lives.
6 It's not just the history of the
7 revolution and Greece's independence that I'm
8 proud to celebrate today, it is the contributions
9 of the Greek-American community to our nation
10 that are also worthy of praise and celebration.
11 For the past 100-plus years, Greeks
12 have emigrated to the United States in search of
13 peace, stability, and a better life for
14 themselves and their families. They came to
15 escape the persecutions of the Ottoman Empire.
16 They came to be spared the devastations of World
17 War One. They came to be saved from the terrors
18 of the Asian Minor Holocaust and the burning of
19 Smyrna. They came to be spared the horrors of
20 World War Two. They came to find peace during
21 the Greek Civil War. They came to seek the
22 safety and opportunity during the unrest of the
23 '60s and '70s. They came to find economic
24 prosperity during the stagnation of the '80s.
25 For 100-plus years, Greeks have
1514
1 sought out the light of freedom offered by
2 Lady Liberty and came to the United States in the
3 hope of a better life. They came here by the
4 thousands, and they came here by the tens of
5 thousands. They came here legally and, yes, they
6 came here illegally. When the United States
7 adopted immigration quotas in 1924, we would only
8 accept 100 immigrants from Greece a year. And
9 yet, still, Greeks would come over by the
10 thousands.
11 And let's not forget just how
12 unwanted Greeks were when they arrived in this
13 country. Greek immigrants endured decades of
14 harassment, intimidation, discrimination and
15 violence, all because they looked different than
16 other Americans, spoke a language different than
17 other Americans, and took low-paying jobs away
18 from other Americans.
19 In fact, the Ku Klux Klan viewed
20 Greek immigrants as a threat to the existence of
21 the United States. They attacked Greek
22 businesses, burned crosses on Greek lawns,
23 encouraged doctors to sterilize Greek women, and
24 beat and even in some cases murdered
25 Greek immigrants.
1515
1 All across the country,
2 Greek immigrants and Greek-American citizens were
3 discriminated against and harassed. It was not
4 uncommon to see "No Greeks Wanted" signs in store
5 windows, or even the flogging of Greek men who
6 had dared to date a white woman.
7 Greek immigrants were encouraged to
8 prove themselves as being equal to their white
9 counterparts by taking dirty jobs such as
10 building railroads, cleaning sewage, laying
11 pavement, and working in factories.
12 Yet they still came, enduring
13 injustice after injustice, all in the hopes of a
14 better life here. They didn't come here because
15 they were highly educated, worked great jobs or
16 spoke perfect English. They didn't come just for
17 themselves, but for their children and their
18 children's children. They came here so that one
19 day, a hundred years later, 75 years later,
20 50 years later there could be four
21 Greek-Americans elected to serve their community
22 in this august body.
23 And so as we stand here today
24 celebrating the 201st anniversary of Greek
25 independence and declare Greek History Month in
1516
1 the State of New York, I am ever-hopeful for the
2 future of our community here in America. And
3 this moment represents an opportunity for
4 reflection.
5 At a time when individuals across
6 our country are being subjected to violence,
7 bigotry and discrimination because they come from
8 a different country, speak a different language,
9 have different customs, eat different foods, it
10 is incumbent upon us, those of us whose ancestors
11 endured similar treatment, to stand up and
12 condemn the ugliness of racism wherever it rears
13 its head.
14 And we remember the struggles of our
15 forefathers, and we open our hands and we open
16 our doors and we open our hearts to all those
17 whose stories mirror our own and say: Come, you
18 are welcome here.
19 Zito Hellas! Thank you,
20 Mr. President.
21 THE PRESIDENT: The question is on
22 the resolution.
23 All in favor signify by saying aye.
24 (Response of "Aye.")
25 THE PRESIDENT: Opposed, nay.
1517
1 (No response.)
2 THE PRESIDENT: The resolution is
3 adopted.
4 Senator Gianaris.
5 SENATOR GIANARIS: Now let's move
6 on to previously adopted Resolution 2038, by
7 Senator Hinchey, read its title and recognize
8 Senator Hinchey.
9 THE PRESIDENT: The Secretary will
10 read.
11 THE SECRETARY: Senate Resolution
12 2038, by Senator Hinchey, memorializing Governor
13 Kathy Hochul to proclaim March 22, 2022, as
14 Agriculture Day in the State of New York, in
15 conjunction with the observance of National
16 Agriculture Day.
17 THE PRESIDENT: Senator Hinchey on
18 the resolution.
19 SENATOR HINCHEY: Thank you,
20 Mr. President.
21 I've said it before, and I will say
22 it again: New York is an ag state. A few stats
23 to prove that point.
24 Agriculture has a $44 billion total
25 economic impact in our state's economy. Dairy is
1518
1 our number-one agricultural sector statewide. We
2 are number one in production for yogurt, sour
3 cream, cottage cheese. We're number three in
4 production for milk. We are number four in
5 cheese manufacturing. We're the second-largest
6 producer of apples, maple syrup, cabbage, and
7 we're number three for grapes.
8 And one of my favorite statistics,
9 New York ranks in the top five states for craft
10 beverage. And something that's incredibly
11 exciting is just yesterday, the Governor opened
12 the portal for temporary permits for our craft
13 beverage manufacturers. That is a bill that I
14 was proud to sponsor that we passed here in this
15 Legislature to allow our small business, our
16 craft breweries, our craft cideries, distilleries
17 to have temporary permits to get their businesses
18 up and running, helping small businesses, helping
19 our small agricultural businesses thrive here in
20 New York State.
21 But the challenge is a lot of our
22 agricultural communities are struggling because
23 we have not done enough across our country to
24 support small and mid-sized family farms. I'm
25 really proud of the work that we have done here
1519
1 in this body to elevate agriculture, but it's
2 still not enough: 2.2 million people in New York
3 State are food-insecure; 1.1 million New York
4 City residents are food-insecure. That is a
5 number that when we in agriculture see -- when we
6 are producing so much good healthy, nutritious
7 food, those numbers are far too high.
8 We are also losing millions of acres
9 of good agricultural land every day here across
10 our state.
11 But again, I am incredibly proud
12 that we here in this body are finally
13 prioritizing agriculture. We are elevating our
14 small businesses. We are helping our farmers,
15 the farmers who stood up, who helped out during
16 the pandemic, who fed our communities for free.
17 When their produce and their food was quite
18 literally dying on the vine, they donated that
19 food to food banks and food pantries across the
20 state, to help those 2.2 million New Yorkers who
21 are food-insecure get healthy food when they
22 needed it most.
23 Because that's who farmers are.
24 They're people who support their community,
25 they're people who love their community, and
1520
1 they're people who love feeding other people.
2 So for that, I am incredibly proud
3 to sponsor the resolution proclaiming March 22nd
4 Ag Day here in New York. Thank you.
5 THE PRESIDENT: Senator Borrello on
6 the resolution.
7 SENATOR BORRELLO: Thank you,
8 Mr. President.
9 I'd like to thank the chairman of
10 our Agriculture Committee, Senator Hinchey, for
11 doing this resolution today. And as the ranking
12 member, I'm proud to stand up.
13 I'm also proud to stand up as the
14 grandson of Concord grape farmers in beautiful
15 Chautauqua County, where I'm from.
16 You know, it's a simple statement:
17 No farms, no food. But we found out how real
18 that was during this pandemic. We found out how
19 broken and fragile our food supply chain was.
20 And the farmers of New York State stepped up. As
21 Senator Hinchey mentioned, they donated their
22 crops when they themselves were suffering, when
23 they didn't know what the next day was going to
24 bring as far as their ability to not only provide
25 for their family, but to provide for others that
1521
1 depend on them. And yet they stepped up and
2 sacrificed. They were also essential workers.
3 Ninety percent of the farms in New
4 York State are family-owned farms -- 90 percent.
5 In my district alone there's over 4,000 family
6 farms, just in the 57th Senate District. We are
7 the bread basket of New York State. And it has
8 been a great challenge, a great challenge here in
9 New York State.
10 I often agree with Senator Hinchey
11 on a lot of things. The only thing I may
12 disagree on today is that she's saying we haven't
13 done enough. I agree with that statement. I
14 also agree that we have done far too much in this
15 chamber that harms agriculture. I'm not going to
16 dwell on that today. This is a day to celebrate
17 agriculture nationally. But it is an important
18 point that one of the biggest challenges that
19 New York farmers face is bad policy out of
20 Albany.
21 That being said, our farmers are
22 resilient. They've faced a lot -- the
23 uncertainty of this pandemic, the daily changes
24 in what was going to happen to them from a policy
25 standpoint, a weather standpoint. And the
1522
1 unpredictability of what it's like to farm every
2 single day, to care for animals, to care for the
3 land. They faced the inevitability of their
4 families eventually getting out of the business,
5 even some that have been in the business since
6 the 1800s and beyond.
7 This is a big challenge for us here
8 in New York State, because agriculture is the
9 number-one industry. It actually does mean
10 something when we don't have farms. Not only
11 will there be no more food, but also no economic
12 activity, all of the things that happen because
13 of New York agriculture.
14 So today we support it, we celebrate
15 it, but it's always a cautionary tale about what
16 happens without farms.
17 So, Mr. President, I proudly support
18 this resolution. Thank you.
19 THE PRESIDENT: Senator Tedisco on
20 the resolution.
21 SENATOR TEDISCO: Thank you very
22 much, Mr. President.
23 I was traveling, over this weekend,
24 across the beautiful 51st Senatorial District,
25 making several stops. I had the opportunity to
1523
1 stop at the Mud Road Sugar House in the great
2 County of Fulton, Town of Ephratah. And it's a
3 fifth-generation small family farm.
4 And I have to tell you, if you've
5 never tasted maple syrup cotton candy, you
6 haven't tasted anything. It melts in your mouth,
7 it is delicious. They have popcorn syrup, they
8 have every kind of product you could think of.
9 It was a tremendous day. It was an
10 open house. We had young people there, kids
11 there. The only concern I had was in discussing
12 with this small family farm was I was saddened by
13 the fact that they weren't quite sure if they
14 were going to be here next year, for much of what
15 Senator Borrello just said.
16 I'm excited and honored to be able
17 to be a sponsor of this particular resolution,
18 and to give my support to agriculture and
19 farming. But it takes more than a resolution to
20 show we truly want -- and you, the Majority of
21 this house, support -- our family farms.
22 Our family farms are a big part of
23 our economy, and the state needs to do more to
24 save them. Sadly, our family farms have been
25 under assault. One of the best ways we can
1524
1 support our farmers and save our local family
2 farms is to keep the overtime threshold at
3 60 hours. We have done a lot of things to
4 challenge them, but that's the number-one thing
5 challenging them right now. They're not sure if
6 they're going to be another family farm or
7 another solar farm next year or the year after or
8 the year after that.
9 As you know, a panel of unelected
10 bureaucrats have pushed through a crushing
11 overtime mandate, from 60 to 40 hours, that will
12 devastate our mom-and-pop family farms upstate
13 and actually across the State of New York.
14 I'm required to stand up here as a
15 public servant and say here's the reality that
16 the bureaucrats in their ivy towers who are
17 pushing this overtime mandate don't seem to get.
18 Mother Nature doesn't give our family farmers a
19 timetable for harvesting crops or marketing and
20 milking the milk from cows. With inflation at
21 its highest levels in four decades and prices for
22 a gallon of gasoline, groceries, and many other
23 consumer goods through the roof in this state,
24 this will hurt our small-business family farms
25 and no doubt lead to higher prices for everyone
1525
1 who goes to the grocery store, farm stand or
2 restaurant.
3 And our family farmers and farms are
4 challenged to the point where we may lose many of
5 them and force them completely out of the
6 business. This will lose jobs and the wonderful
7 products they provide for us.
8 Now, many of you have been here for
9 some years, but some of you are new here. I
10 haven't seen much of it over the last two years
11 because this pandemic has been taking place, but
12 some of you may have this plaque in your office.
13 This is one of the things I'm most proud of in my
14 office. I keep it displayed on my desk. You'll
15 see on here a number of years.
16 It's called the Circle of Friends,
17 Farm Bureau of New York. This is the highest
18 award you can get as a Senator or a public
19 servant for the State of New York, if they'll
20 designate you as a Circle of Friends for the
21 family farms. As you can see, there's not much
22 room left on this because it's covered with all
23 the years that I've been honored with this Circle
24 of Friends.
25 I hope some of you will get the
1526
1 Circle of Friends awards into the future on the
2 other side of the aisle, because we want you all
3 to be Circle of Friends and not a circle of
4 enemies. And if we continue to do the things
5 we've done to challenge them most recently, we're
6 not going to have these jobs, these family farms
7 or the wonderful products that they provide for
8 us. And it will not only affect them and their
9 families and those jobs, it will affect the
10 19 and a half million people of New York State.
11 I'm happy that we've brought this
12 resolution out, but words and resolutions can be
13 cheap compared to the actions that take place
14 here. And they're not lying, they're telling the
15 truth: They're on the margins right now. They
16 don't know if they're going to make it. And if
17 we lose a number of these family farms, we lose
18 an unbelievable part of the spirit of our
19 community as well as our economy.
20 So I hope we'll take a second
21 thought about some of the things we've done and
22 maybe, in the future, do a little bit better.
23 Resolutions are important; I'm happy we are doing
24 it. But we can't just talk the talk, we have to
25 walk the walk.
1527
1 Thank you, Mr. President.
2 THE PRESIDENT: Senator May on the
3 resolution.
4 SENATOR MAY: Thank you,
5 Mr. President.
6 I rise in support of this resolution
7 and to honor my colleague Michelle Hinchey, who
8 has done amazing work for agriculture in this
9 state.
10 I was particularly proud to work
11 with her on a bill about soil health and
12 sustainability in farming, which is incredibly
13 important. I'm the proud mother of a budding
14 young farmer who has learned everything she can
15 about regenerative agriculture and how the
16 agriculture system can be part of really
17 restoring our waters and our soils as well as
18 feeding us at the same time.
19 And I want to honor a lot of the
20 farmers in New York State who are doing this work
21 every day. I was able to tour farms in the
22 Catskills that are making all kinds of efforts to
23 protect the watershed of New York City from any
24 effluents that might be running off of their
25 farms and they're building vegetative buffers and
1528
1 all kinds of things around those waterways so
2 that their farming can be productive but also not
3 destructive of the waters of New York City.
4 So there is a lot going on between
5 our farms and our environmental protection sphere
6 that is really exciting and has the potential to
7 make our agriculture more productive at the same
8 time that it enables us to be protective of our
9 soils and our water.
10 And I want to honor the farmers who
11 are doing this work. There is one farm in
12 Central New York, E-Z Acres, that has won a
13 national award for sustainability and done some
14 really amazing work in dairy farming for more
15 sustainable farming methods.
16 And so I rise today to honor those
17 farms that are doing this cutting-edge work to
18 make the agriculture sector something that is
19 looking forward to protecting the environment
20 for the future as well as producing food for us
21 today.
22 Thank you.
23 THE PRESIDENT: The resolution was
24 previously adopted on March 15th.
25 Senator Gianaris.
1529
1 SENATOR GIANARIS: And now,
2 Mr. President, let's move to previously adopted
3 Resolution 1728, by Senator Kennedy, read its
4 title and recognize Senator Kennedy.
5 THE PRESIDENT: The Secretary will
6 read.
7 THE SECRETARY: Senate Resolution
8 1728, by Senator Kennedy, mourning the death of
9 Gerald Caci, distinguished citizen and devoted
10 member of his community.
11 THE PRESIDENT: Senator Kennedy on
12 the resolution.
13 SENATOR KENNEDY: Thank you,
14 Mr. President.
15 I rise today to honor the life of
16 Gerald "Jerry" Caci, a native of Buffalo,
17 New York, and a beloved member of our greater
18 region, state and nation. I'm deeply honored,
19 Mr. President, to recognize him here today on the
20 Senate floor on what would have been his
21 81st birthday.
22 To know Jerry was to love him. His
23 spirit, his kindness, his commitment to our
24 community was unmatched. Jerry grew up on the
25 West Side of Buffalo, a strong Italian
1530
1 neighborhood with rich traditions. His father
2 opened the first Italian Gardens in Buffalo, a
3 fact he was very proud of. It was there that
4 Jerry made lifelong friends early on in his life.
5 It was also there that his father instilled in
6 him the values he cherished of celebrating loyal
7 family and friends.
8 A graduate of Grover Cleveland High
9 School, Jerry went on to Hollywood in pursuit of
10 a career in the entertainment industry. It was
11 there that he became immersed in some of his
12 favorite pastimes -- acting, playing polo, riding
13 horses, and of course entertaining.
14 He told many stories of the
15 friendships he made with legendary actors and
16 entertainers from across the globe. He loved
17 hosting dinners in his family home, welcoming old
18 and new friends alike.
19 Jerry eventually returned to Western
20 New York and became an active member of civic and
21 charitable organizations, among many other
22 things. He served for many years on the board of
23 directors of the Federation of Italian-American
24 Societies of Western New York and the Good
25 Government Club of Western New York, and he was
1531
1 heavily involved in the newly established Italian
2 Cultural Center and the Canadian Italian Business
3 and Professional Association.
4 Jerry meticulously cared for the
5 monuments across Western New York dedicated to
6 the Italian heritage.
7 I met Jerry early in my public
8 service nearly two decades ago. He would seek me
9 out at events and make sure that I was introduced
10 to everyone he knew -- and he knew everyone.
11 His lifelong friends that he
12 introduced me to over many years have become my
13 very close friends because of Jerry. That's what
14 he did. He brought people in, he brought people
15 together.
16 Jerry made lifelong friends
17 everywhere he went, and he held those friends
18 close to heart, along with his true passion, his
19 family: His wife, Denise, his daughter,
20 Valentina; his two sons, Gino and Jerry; and his
21 four grandchildren -- Brooke, Ava, Matthew and
22 Ashley.
23 Jerry was taken from us unexpectedly
24 this past December. And while we mourn his
25 passing, we also take this moment here today,
1532
1 Mr. President, to celebrate his spirit, his life,
2 and the legacy that he leaves behind. He will
3 always be remembered for his generosity, forever
4 remembered for his character, his loyalty, his
5 integrity, and for his ability to live life to
6 the fullest.
7 Jerry Caci was one of a kind -- a
8 consummate gentleman. He was a giant. He was a
9 man of deep faith, Mr. President, and now he's
10 with the angels. May he rest in peace.
11 Thank you.
12 THE PRESIDENT: The resolution was
13 previously adopted on January 25th.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 at the request of the various sponsors, all the
17 resolutions we took up today are open for
18 cosponsorship.
19 THE PRESIDENT: The resolutions are
20 open for cosponsorship. Should you choose to not
21 be a cosponsor of the resolutions, please notify
22 the desk.
23 Senator Gianaris.
24 SENATOR GIANARIS: Let's take up
25 the calendar now, please.
1533
1 THE PRESIDENT: The Secretary will
2 read.
3 THE SECRETARY: Calendar Number
4 228, Senate Print 209A, by Senator Persaud, an
5 act to amend the Penal Law.
6 SENATOR LANZA: Lay it aside.
7 THE PRESIDENT: Lay it aside.
8 THE SECRETARY: Calendar Number
9 274, Senate Print 289C, by Assemblymember
10 Gottfried, an act to amend the Public Health Law
11 and the Insurance Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 17. This
15 act shall take effect on the first of January.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Announce the
19 results.
20 THE SECRETARY: In relation to
21 Calendar 274, those Senators voting in the
22 negative are Senators Jordan, Oberacker, O'Mara,
23 Ortt, Palumbo and Rath.
24 Ayes, 57. Nays, 6.
25 THE PRESIDENT: The bill is passed.
1534
1 THE SECRETARY: Calendar Number
2 344, Senate Print 907A, by Senator Sanders, an
3 act to amend the Civil Service Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: Announce the
11 results.
12 THE SECRETARY: Ayes, 63.
13 THE PRESIDENT: The bill is passed.
14 THE SECRETARY: Calendar Number
15 450, Senate Print 6807, by Senator Thomas, an act
16 to amend the Civil Practice Law and Rules.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE PRESIDENT: Senator Thomas to
24 explain his vote.
25 SENATOR THOMAS: Thank you,
1535
1 Mr. President.
2 Access to representation is a
3 necessary part of making the legal system fair
4 for everyone. With the costs of litigation
5 continually increasing, many low- and
6 moderate-income New Yorkers are choosing not to
7 seek professional legal help to deal with their
8 civil legal matters.
9 Justice systems that make quality
10 representation inaccessible to the majority of
11 people are unfair and ineffective. The practice
12 of law must adapt to meet the changing needs of
13 individuals in this new era. That is why it is
14 crucial for us to make solutions like
15 limited-scope representation more accessible to
16 New Yorkers.
17 Limited-scope representation is
18 quite simply where an attorney handles certain
19 aspects of the representation while the client
20 remains responsible for others.
21 Limited scope has been accepted by
22 the American Bar Association as a valid means of
23 providing representation for many years, and it
24 has been gaining momentum as a more common
25 practice throughout the states.
1536
1 In 2016 the Chief Administrative
2 Judge of the courts issued an initiative order
3 authorizing attorneys to provide limited-scope
4 legal assistance in order to enhance access to
5 legal services in New York State. My bill will
6 codify this administrative order.
7 Limited-scope representation has
8 been proven to be a vital solution to bridging
9 the justice gap. When you cannot afford to pay a
10 lawyer to handle your entire case, limited-scope
11 representation can be a great way for you to have
12 legal help with your case while keeping costs
13 down.
14 By codifying authorization of
15 limited-scope legal representation in civil
16 cases, we can ensure that all New Yorkers have
17 access to the services they need to protect their
18 rights.
19 As a former legal services attorney
20 who has done a great deal of limited-scope
21 representation for unserved communities in the
22 Bronx and in Queens, I am proud to sponsor this
23 legislation, which will go a long way to help
24 more New Yorkers access the legal services they
25 need and deserve. I vote in the affirmative.
1537
1 Thank you.
2 THE PRESIDENT: Senator Thomas to
3 be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 63.
6 THE PRESIDENT: The bill is passed.
7 THE SECRETARY: Calendar Number
8 460, Assembly Print Number 1713A, by
9 Assemblymember Pretlow, an act to amend the
10 General Business Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 30th day after it
15 shall have become a law.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Announce the
19 results.
20 THE SECRETARY: Ayes, 63.
21 THE PRESIDENT: The bill is passed.
22 THE SECRETARY: Calendar Number
23 478, Senate Print 6035A, by Senator Brooks, an
24 act in relation to authorizing the Bellmore Fire
25 District to file an application for exemption
1538
1 from real property taxes.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE PRESIDENT: Announce the
9 results.
10 THE SECRETARY: In relation to
11 Calendar Number 478, those Senators voting in the
12 negative are Senators Akshar and O'Mara.
13 Ayes, 61. Nays, 2.
14 THE PRESIDENT: The bill is passed.
15 THE SECRETARY: Calendar Number
16 538, Senate Print 7674, by Senator Mannion, an
17 act to amend the Not-For-Profit Corporation Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE PRESIDENT: Announce the
25 results.
1539
1 THE SECRETARY: Ayes, 63.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: Calendar Number
4 660, Senate Print 714, by Senator Breslin, an act
5 to amend the Insurance Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE PRESIDENT: Announce the
13 results.
14 THE SECRETARY: Ayes, 63.
15 THE PRESIDENT: The bill is passed.
16 THE SECRETARY: Calendar Number
17 666, Senate Print 6903, by Senator Kavanagh, an
18 act to amend the Real Property Tax Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE PRESIDENT: Announce the
1540
1 results.
2 THE SECRETARY: Ayes, 63.
3 THE PRESIDENT: The bill is passed.
4 THE SECRETARY: Calendar Number
5 667, Senate Print 7611, by Senator Gaughran, an
6 act to amend Section 3 of Chapter 233 of the
7 Laws of 2000.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Announce the
15 results.
16 THE SECRETARY: Ayes, 63.
17 THE PRESIDENT: The bill is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: And now the
21 controversial calendar, please.
22 THE PRESIDENT: The Secretary will
23 ring the bell.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
1541
1 228, Senate Print 209A, by Senator Persaud, an
2 act to amend the Penal Law.
3 THE PRESIDENT: Senator Lanza, why
4 do you rise?
5 SENATOR LANZA: Mr. President, I
6 believe there's an amendment at the desk. I
7 waive the reading of that amendment and ask that
8 you recognize Senator Akshar to be heard.
9 THE PRESIDENT: Thank you,
10 Senator Lanza.
11 Upon review of the amendment, in
12 accordance with Rule 6, Section 4B, I rule it
13 nongermane and out of order at this time.
14 SENATOR LANZA: Accordingly,
15 Mr. President, I appeal the ruling of the chair
16 and ask that Senator Akshar be recognized.
17 THE PRESIDENT: The appeal has been
18 made and recognized, and Senator Akshar may be
19 heard.
20 SENATOR AKSHAR: Mr. President,
21 thank you. I rise to appeal your ruling with
22 respect to the amendment.
23 Not only is this amendment germane
24 to the bill-in-chief before the house, this
25 amendment is germane in the eyes of millions of
1542
1 New Yorkers across this state that are yearning
2 for this Legislature to admit their public policy
3 failures and return to the day on which
4 New Yorkers once again can feel safe.
5 The bill before the house deals with
6 the theft of medical and health insurance
7 information. It adds those things to identity
8 theft. So in preparation of today, I asked
9 myself, What in fact does the bill aim to do as
10 authored by the sponsor?
11 The bill seeks to protect
12 New Yorkers. Well, so does the amendment,
13 Mr. President. By repealing bail reform, we are
14 seeking to protect New Yorkers.
15 The nature of the crimes included in
16 the bill-in-chief -- they are serious. So are
17 the crimes being committed against New Yorkers
18 every day.
19 Let me tell you what else is
20 dangerous: The amount of overdose deaths that
21 are happening on a daily basis, the amount of
22 drug dealing that is happening that is allowing
23 those deaths to take place.
24 So think about this for a moment.
25 When those that peddle poison throughout this
1543
1 community -- they face a felony drug charge,
2 they're released without any bail, they can
3 continue their illegal drug business. They can
4 continue to target and sell drugs to the most
5 vulnerable people of our state who suffer from
6 substance use disorder.
7 Dealers know that there is little
8 risk to selling drugs in this state. Even if
9 they're arrested, they know that they're going to
10 get released back onto the street with little or
11 no disruption to their illicit business.
12 I'll take it a step further. The
13 reality is drug dealers don't only target those
14 that suffer from substance use disorder and put
15 them at risk. Drug dealing is an inherently
16 dangerous occupation. It is a violent
17 occupation. Drug dealers often have ties to
18 violent criminal gangs. And through bail reform,
19 drug dealers are able to continue their criminal
20 enterprise and the violence necessary to
21 perpetuate that enterprise.
22 You know who else has little risk in
23 the criminal world, they know that? Those who
24 illegally possess firearms and illegally use
25 firearms against our fellow New Yorkers.
1544
1 Twenty-nine people, 29 people shot in the City of
2 New York this weekend. The Daily News: "Guns
3 gone wild in the city." Why? Because criminals
4 know that there are little to no repercussions
5 for their actions.
6 Mr. President, for once,
7 respectfully, can we not acquiesce to the
8 political activists? Can we not make decisions
9 based on the way the political winds are blowing?
10 Can we please, Mr. President, put honest,
11 law-abiding New Yorkers first?
12 I strongly and respectfully ask you
13 to reconsider your position from the chair.
14 THE PRESIDENT: Thank you,
15 Senator Akshar.
16 I want to remind the house that the
17 vote is on the procedures of the house and the
18 ruling of the chair.
19 Those in favor of overruling the
20 chair, signify by saying aye.
21 SENATOR LANZA: Request a show of
22 hands.
23 SENATOR GIANARIS: Mr. President,
24 we've agreed to waive the showing of hands and
25 record each member of the Minority in the
1545
1 affirmative.
2 THE PRESIDENT: Without objection,
3 so ordered.
4 Announce the results.
5 THE SECRETARY: Ayes, 20.
6 THE PRESIDENT: The ruling of the
7 chair stands, and the bill-in-chief is before the
8 house.
9 Senator Weik.
10 SENATOR WEIK: Thank you,
11 Mr. President. Through you, would the sponsor
12 yield for some questions.
13 THE PRESIDENT: Does the sponsor
14 yield?
15 SENATOR PERSAUD: Yes.
16 THE PRESIDENT: The sponsor yields.
17 SENATOR WEIK: Thank you,
18 Senator Persaud. It's wonderful of you to take
19 some time to answer a couple of questions that I
20 have.
21 For this medical identity theft
22 bill, is this bill bail-eligible -- this crime?
23 SENATOR PERSAUD: Through you,
24 Mr. President, this bill is not about bail
25 reform. This bill is about a situation that's
1546
1 occurring in our communities where people's
2 information is being used.
3 I think, with all due respect to my
4 colleague, I am not here to debate bail reform.
5 SENATOR WEIK: Thank you,
6 Mr. President.
7 Would the sponsor yield for another
8 question.
9 THE PRESIDENT: Does the sponsor
10 yield?
11 SENATOR PERSAUD: Yes.
12 THE PRESIDENT: The sponsor yields.
13 SENATOR WEIK: Thank you so much.
14 So what I hear is that it's not a
15 bail-eligible crime. But it sounds like you have
16 a target in mind. Who would the target be? What
17 is the vulnerable group that seems to be targeted
18 by this crime.
19 SENATOR PERSAUD: It can be
20 anyone -- through you, Mr. President, it can be
21 anyone, anyone whose medical information can be
22 taken by someone who wants to use it, someone who
23 wants to buy prescription -- use it to get
24 prescription drugs.
25 So it's anyone. There is no
1547
1 specific population. But we know that many times
2 it's the elderly population whose information is
3 taken, but it can be anyone's information that's
4 taken.
5 SENATOR WEIK: Thank you very much.
6 On the bill, sir.
7 THE PRESIDENT: Senator Weik on the
8 bill.
9 SENATOR WEIK: This is a good bill
10 that identifies a problem specifically in our
11 Penal Law. And the sponsor finds this is a
12 serious problem. Medical identity theft is a
13 serious problem -- such a serious problem that
14 it's the fastest-growing crime over the last
15 seven years, costing New Yorkers over $6 billion.
16 And with a crime that serious that's
17 growing that quickly and costing New Yorkers so
18 much money, today we are here and we are amending
19 the Penal Law so that we can prosecute these
20 crimes.
21 Yet this crime is not even a
22 bail-eligible crime. Although I'm going to be
23 voting in favor of this bill, we need to give our
24 judges the discretionary power necessary to keep
25 our vulnerable communities safe and free from
1548
1 being targets.
2 Thank you.
3 THE PRESIDENT: Are there any other
4 Senators wishing to be heard?
5 Seeing and hearing none, debate is
6 closed. The Secretary will ring the bell.
7 Read the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE PRESIDENT: Senator Persaud to
14 explain her vote.
15 SENATOR PERSAUD: Thank you,
16 Mr. President.
17 Medical identity theft is a serious
18 issue, and that is why this legislation is so
19 important. Too often, when someone's identity is
20 stolen, they are not aware of it. And then when
21 they do find out, it is cumbersome for them
22 trying to have their information corrected.
23 That's why I thank my colleagues for
24 supporting this legislation.
25 I know my colleagues across the
1549
1 aisle may have questions about it pertaining to
2 other issues, but today this legislation is about
3 assisting those people whose identity is being
4 stolen from medical uses.
5 Thank you. I vote aye.
6 THE PRESIDENT: Senator Persaud to
7 be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 228, those Senators voting in the
11 negative are Senators Brisport, Rivera and
12 Salazar.
13 Ayes, 60. Nays, 3.
14 THE PRESIDENT: The bill is passed.
15 Senator Gianaris, that completes the
16 reading of the controversial calendar.
17 SENATOR GIANARIS: Is there any
18 further business at the desk?
19 THE PRESIDENT: There is no further
20 business at the desk.
21 SENATOR GIANARIS: Move to adjourn
22 until tomorrow, Wednesday, March 23rd, at
23 3:00 p.m.
24 THE PRESIDENT: On motion, the
25 Senate stands adjourned until Wednesday,
1550
1 March 23rd, at 3:00 p.m.
2 (Whereupon, the Senate adjourned at
3 4:48 p.m.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25