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.)

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