Regular Session - May 6, 2019
3306
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 6, 2019
11 3:20 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
23
24
25
3307
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise as the Civil Air Patrol presents the colors.
6 Color Guard, parade the colors.
7 (Whereupon, the Color Guard entered
8 the chamber, proceeded to the front, and posted
9 the colors).
10 (Whereupon, the assemblage recited
11 the Pledge of Allegiance to the Flag.)
12 ACTING PRESIDENT BENJAMIN: In the
13 absence of clergy, let us bow our heads in a
14 moment of silent reflection or prayer.
15 (Whereupon, the assemblage respected
16 a moment of silence.)
17 ACTING PRESIDENT BENJAMIN: Please
18 remain standing as the colors are retired.
19 Color Guard, please retire the
20 colors.
21 (Whereupon, the Color Guard
22 retrieved the colors and exited the chamber
23 through the rear doors).
24 ACTING PRESIDENT BENJAMIN: The
25 reading of the Journal.
3308
1 THE SECRETARY: In Senate, Sunday,
2 May 5, 2019, the Senate met pursuant to
3 adjournment. The Journal of Saturday, May 4,
4 2019, was read and approved. On motion, Senate
5 adjourned.
6 ACTING PRESIDENT BENJAMIN: Without
7 objection, the Journal stands approved as read.
8 Presentation of petitions.
9 Messages from the Assembly.
10 The Secretary will read.
11 THE SECRETARY: On page 31, Senator
12 Hoylman moves to discharge, from the Committee on
13 Judiciary, Assembly Bill Number 795 and
14 substitute it for the identical Senate Bill 4155,
15 Third Reading Calendar 432.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 THE SECRETARY: On page 31,
19 Senator Harckham moves to discharge, from the
20 Committee on Judiciary, Assembly Bill Number 3486
21 and substitute it for the identical Senate Bill
22 4222, Third Reading Calendar 434.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 THE SECRETARY: On page 32, Senator
3309
1 Carlucci moves to discharge, from the Committee
2 on Health, Assembly Bill Number 212 and
3 substitute it for the identical Senate Bill 474,
4 Third Reading Calendar 453.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: On page 33, Senator
8 Ramos moves to discharge, from the Committee on
9 Health, Assembly Bill Number 4988 and substitute
10 it for the identical Senate Bill 3353, Third
11 Reading Calendar 456.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: On page 33,
15 Senator Biaggi moves to discharge, from the
16 Committee on Insurance, Assembly Bill Number 1619
17 and substitute it for the identical Senate Bill
18 Number 3101, Third Reading Calendar 463.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
3310
1 Motions and resolutions.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 on behalf of Senator Carlucci, I move the
5 following bill be discharged from its respective
6 committee and recommitted with instructions to
7 strike the enacting clause: Senate Bill 133.
8 ACTING PRESIDENT BENJAMIN: It is
9 so ordered.
10 SENATOR GIANARIS: On behalf of
11 Senator Serrano, I wish to call up Senate Print
12 1558, recalled from the Assembly, which is now at
13 the desk.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 334, Senate Print 1558, by Senator Serrano, an
18 act to amend the Parks, Recreation and Historic
19 Preservation Law.
20 SENATOR GIANARIS: I move to
21 reconsider the vote by which this bill was
22 passed.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will call the roll on reconsideration.
25 (The Secretary called the roll.)
3311
1 THE SECRETARY: Ayes, 50.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is restored to its place on the Third
4 Reading Calendar.
5 SENATOR GIANARIS: I offer the
6 following amendments.
7 ACTING PRESIDENT BENJAMIN: The
8 amendments are received.
9 SENATOR GIANARIS: On behalf of
10 Senator Kaplan, I wish to call up Senate Print
11 2960, recalled from the Assembly, which is now at
12 the desk.
13 ACTING PRESIDENT BENJAMIN: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 407, Senate Print 2960, by Senator Kaplan, an act
17 to amend the Vehicle and Traffic Law.
18 SENATOR GIANARIS: I move to
19 reconsider the vote by which the bill was passed.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will call the roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 50.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is restored to its place on the Third
3312
1 Reading Calendar.
2 SENATOR GIANARIS: I offer the
3 following amendments.
4 ACTING PRESIDENT BENJAMIN: The
5 amendments are received.
6 SENATOR GIANARIS: Mr. President,
7 amendments are offered to the following Third
8 Reading Calendar bills:
9 By Senator Hoylman, page 15,
10 Calendar Number 73, Senate Print 1475;
11 By Senator Sanders, page 16,
12 Calendar Number 141, Senate Print 2224;
13 By Senator Sanders, page 21,
14 Calendar Number 221, Senate Print 2884A;
15 By Senator Metzger, page 31,
16 Calendar Number 433, Senate Print 4206;
17 By Senator Persaud, page 33,
18 Calendar Number 454, Senate Print 1092B; and
19 By Senator Benjamin, page 29,
20 Calendar Number 413, Senate Print 4688.
21 Mr. President, I ask that these
22 bills retain their place on the Third Reading
23 Calendar.
24 ACTING PRESIDENT BENJAMIN: The
25 amendments are received, and the bills shall
3313
1 retain their place on the Third Reading Calendar.
2 Senator Gianaris.
3 SENATOR GIANARIS: Can we now call
4 on Senator Martinez for an introduction.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Martinez, for an introduction.
7 SENATOR MARTINEZ: Good afternoon,
8 Mr. President.
9 And thank you for allowing me to
10 introduce a special group of young men and women
11 who are here from ASEZ. It is a group of Church
12 of God university student volunteers who on a
13 regular basis go out and clean up the
14 neighborhoods all across the State of New York.
15 And what they are doing is that they
16 are using the power of belief, the power of
17 strength to make sure that our communities are
18 safe. And what they have concluded is that when
19 we all work together against hate and crime, that
20 we will have great communities surrounding one
21 another.
22 And I just want to say thank you to
23 all of them, because cleaning up the streets of
24 Albany at times is not an easy task, as they have
25 shown me. And even though I've tried to work
3314
1 with them a couple of times, but I'm never here
2 when they are cleaning up. But I have promised
3 that I will do that one day with them.
4 But I also want to draw special
5 attention to Yulitsa, who was an intern of mine
6 here at the Senate. And it is through her
7 efforts that she made me aware of this
8 organization.
9 And I'm so proud of these young men
10 and women who are doing great work in our state.
11 And I know that they're going to do such great
12 things. And you are definitely effectuating the
13 change that is so much needed in this world.
14 Congratulations, and thank you for being here
15 today.
16 ACTING PRESIDENT BENJAMIN: To our
17 guests, I welcome you on behalf of the Senate.
18 We extend to you all of the privileges and
19 courtesies of this house. Please be recognized.
20 (Standing ovation.)
21 ACTING PRESIDENT BENJAMIN: Senator
22 Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 can we now please take up previously adopted
25 Resolution 1324, by Senator Martinez, read that
3315
1 resolution in its entirety, and recognize
2 Senator Martinez.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will read.
5 THE SECRETARY: Senate Resolution
6 1324, by Senator Martinez, commending the
7 Civil Air Patrol-New York Wing Suffolk Cadet
8 Squadron 10 Color Guard upon the occasion of
9 presenting the colors at the start of the session
10 of the New York State Senate.
11 "WHEREAS, It is the custom of this
12 Legislative Body to recognize that the quality
13 and character of life in the communities across
14 New York State are reflective of the concerned
15 and dedicated efforts of those organizations and
16 individuals who are devoted to the welfare of the
17 community and its citizenry; and
18 "WHEREAS, Attendant to such concern,
19 and in full accord with its long-standing
20 traditions, this Legislative Body is justly proud
21 to commend the Civil Air Patrol-New York Wing
22 Suffolk Cadet Squadron 10 Color Guard upon the
23 occasion of presenting the colors at the start of
24 the session of the New York State Senate, to be
25 held at the New York State Capitol in Albany,
3316
1 New York; and
2 "WHEREAS, The Civil Air Patrol
3 enjoys a proud legacy of selfless sacrifice and
4 service to country and community that spans
5 decades; the organization was born one week prior
6 to the Japanese attack on Pearl Harbor, and those
7 members who served in World War II were awarded
8 the Congressional Gold Medal; and
9 "WHEREAS, Thousands of volunteer
10 members of the Civil Air Patrol answered
11 America's call to national service and sacrifice
12 by accepting and performing critical wartime
13 missions; and
14 "WHEREAS, On July 1, 1946, President
15 Harry S. Truman signed Public Law 476,
16 incorporating the Civil Air Patrol as a
17 benevolent, nonprofit organization; on May 26,
18 1948, Congress passed Public Law 557 permanently
19 establishing the Civil Air Patrol as the
20 auxiliary of the new United States Air Force; and
21 "WHEREAS, Three primary mission
22 areas were set forth at the inception of the
23 Civil Air Patrol: aerospace education, cadet
24 programs, and emergency services; and
25 "WHEREAS, Today, the Civil Air
3317
1 Patrol handles 90 percent of inland search and
2 rescue missions, with approximately 75 lives
3 saved each year; its members are generally the
4 first on the scene transmitting satellite digital
5 images of the damage within seconds around the
6 world and providing disaster relief and emergency
7 services following natural and manmade
8 disasters, including such phenomena as 9/11,
9 Hurricane Katrina, Texas and Oklahoma wildfires,
10 tornadoes in the south and central United States,
11 North Dakota flash flooding, and the October 2006
12 earthquake in Hawaii, as well as humanitarian
13 missions along the United States and Mexican
14 border; and
15 "WHEREAS, In response to the
16 devastating effects of Hurricane Sandy, the Civil
17 Air Patrol's New York Wing promptly reacted by
18 flying 373 damage assessment sorties and
19 providing 143,360 aerial photographs to New York
20 disaster relief organizations, FEMA and the Army
21 Corps of Engineers; providing air transportation
22 throughout the affected region for disaster
23 response teams; deploying 30 volunteers to assist
24 with shelter operations conducted by the New York
25 City Office of Emergency Management; and
3318
1 installing 40 volunteers to assist the Red Cross
2 with the logistics of relief supplies; and
3 "WHEREAS, In addition, Civil Air
4 Patrol members are dedicated to counterdrug
5 reconnaissance and to teaching a new generation
6 about aerospace and its impact on our future; its
7 cadet programs ensure our youth receive the
8 finest leadership training the nation has to
9 offer; and
10 "WHEREAS, The members of the Civil
11 Air Patrol-New York Wing Suffolk Cadet
12 Squadron 10 Color Guard include: David Ricca,
13 Cadet Captain; Deven Shah, Second Lieutenant;
14 Jonathan Ricca, Cadet Chief Master Sergeant;
15 Karan Shah, Cadet Senior Master Sergeant;
16 Kyle McGuire, Cadet Technical Sergeant;
17 Andrew Balistreri, Lieutenant Colonel;
18 Joseph Volpe, Captain; Benjamin Nodar, Lieutenant
19 Colonel; John Jones, Lieutenant Colonel;
20 Patrick Magee, Lieutenant Colonel; and
21 Thomas Carello, Lieutenant Colonel; and
22 "WHEREAS, The Civil Air Patrol makes
23 a huge impact each and every day, going above and
24 beyond to make a profound difference in America's
25 communities; and
3319
1 "WHEREAS, This occasion presents a
2 unique opportunity for this Legislative Body to
3 recognize and pay tribute to the members of the
4 Civil Air Patrol-New York Wing Suffolk Cadet
5 Squadron 10 Color Guard; and
6 "WHEREAS, It is the sense of this
7 Legislative Body that when organizations of such
8 noble aims and accomplishments are brought to
9 our attention, they should be recognized by all
10 the citizens of this great Empire State; now,
11 therefore, be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to commend the
14 Civil Air Patrol-New York Wing Suffolk Cadet
15 Squadron 10 Color Guard and its members upon the
16 occasion of presenting the colors at the start of
17 the session of the New York State Senate; and be
18 it further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted
21 to Lieutenant Colonel Thomas Carello, New York
22 Wing Commander, Civil Air Patrol, and the
23 aforementioned members of the Civil Air
24 Patrol-New York Wing Suffolk Cadet Squadron 10
25 Color Guard."
3320
1 ACTING PRESIDENT BENJAMIN: Senator
2 Martinez on the resolution.
3 SENATOR MARTINEZ: Thank you,
4 Mr. President.
5 Once again, as a proud aunt of a
6 serviceman in the Air Force, I would like to
7 welcome you and thank you for all the work that
8 you are doing. Your dedication, your
9 selflessness, going out there when we are in
10 times of trouble, and knowing that we have you
11 behind us gives us more hope in this world
12 knowing that we are safe in your hands.
13 Thank you for always being there for
14 us. Thank you for coming here. I know this is
15 something that is a tradition for you. And we
16 are so happy that we can continue that here in
17 the New York State Senate chamber. And please
18 know that you are welcome every single year from
19 here on out.
20 And again, thank you for your
21 service and thank you for being here.
22 Mr. President, thank you once again.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Liu on the resolution.
25 SENATOR LIU: Thank you,
3321
1 Mr. President.
2 I proudly support this resolution.
3 I want to welcome our Civil Air Patrol cadets. I
4 am a proud member of Falcon Squadron-New York
5 Wing as well, and so welcome to these Senate
6 chambers.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Seward on the resolution.
9 SENATOR SEWARD: Thank you,
10 Mr. President.
11 I rise to say how pleased I am that
12 we have continued the tradition of having our
13 Civil Air Patrol cadet members present the colors
14 here in the Senate chamber as well as have a
15 number of leaders of the Civil Air Patrol here in
16 New York State.
17 This is a very special day. It
18 gives us an opportunity to highlight the great
19 work of Civil Air Patrol here in New York State,
20 helping to keep us safe, protected.
21 And one of the best features of
22 Civil Air Patrol is the cadet program, which
23 helps to shape and mold young people in a very,
24 very positive way to not only -- we see that on
25 display here today -- not only for the activities
3322
1 in Civil Air Patrol, but most importantly
2 providing lifelong skills and lessons which will
3 serve our cadets well throughout their life.
4 I'm remembering today Lieutenant
5 Colonel Andrew Little, who was from Oneonta.
6 Unfortunately, he passed away a few months ago.
7 But he was very active in the Civil Air Patrol.
8 In fact, he a number of years ago had approached
9 me about the possibility of having the cadets
10 present the colors here in the Senate chamber. I
11 was very pleased to make those arrangements.
12 And I'm remembering Lieutenant
13 Colonel Andy Little today. I'm sure he's looking
14 down with great pride because this great
15 tradition is continuing here in the State Senate.
16 So welcome, and thank you to our
17 Civil Air Patrol members.
18 ACTING PRESIDENT BENJAMIN: The
19 resolution was previously adopted on April 30th.
20 To our guests from the Civil Air
21 Patrol, I welcome you on behalf of the Senate.
22 We extend to you all of the privileges and
23 courtesies of this house. Please rise and be
24 recognized.
25 (Standing ovation.)
3323
1 ACTING PRESIDENT BENJAMIN: Senator
2 Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 please open this resolution for cosponsorship.
5 ACTING PRESIDENT BENJAMIN: The
6 resolution is open for cosponsorship. Should you
7 choose not to be a cosponsor of the resolution,
8 please notify the desk.
9 Senator Gianaris.
10 SENATOR GIANARIS: Can we now move
11 to previously adopted Resolution 138, by
12 Senator Jordan, read that resolution's title
13 only, and call on Senator Jordan.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will read.
16 THE SECRETARY: Senate Resolution
17 138, by Senator Jordan, congratulating Shea
18 Weilbaker upon the occasion of capturing the 2018
19 New York State Public High School Athletic
20 Association Class A Boys Cross Country
21 Championship on November 10, 2018.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Jordan on the resolution.
24 SENATOR JORDAN: Mr. President and
25 my colleagues, I rise to speak on my previously
3324
1 adopted legislative resolution congratulating
2 Shea Weilbaker on capturing the 2018 NYSPHSAA
3 Class A Boys Cross Country Championship.
4 It's a wonderful achievement. I'm
5 proud that Shea is joining us today in the Senate
6 visitors gallery as my special guest. Shea is
7 standing up to be recognized.
8 He's a stand-out runner for the
9 Saratoga Springs Cross Country Team. Shea earned
10 his third -- not just his first, but his third
11 state championship at the NYSPHSAA Cross-Country
12 Meet on Saturday, November 10, 2018, at Sunken
13 Meadow State Park in Kings Park. Shea won the
14 5,000 meter race with an incredible time of 15
15 minutes and 52 seconds. And to put that into
16 perspective, 5,000 meters is just a little bit
17 over 3.1 miles. So he's fast. His closest
18 opponent was behind him by 10 seconds.
19 Shea's overall record is incredibly
20 impressive. He won the 2018 indoor track state
21 title in the 3200 meters and the outdoor state
22 championship in the 3200 meter race.
23 Athletically and academically, Shea
24 has proven himself to be an unbeatable
25 combination of talents reflecting favorably on
3325
1 his school, to which he's made such a positive
2 contribution to the spirit of excellence.
3 On December 3, 2018, the Times Union
4 subheadline said the following about Shea:
5 "Saratoga Springs Senior Weilbaker found extra
6 gear in Class A races for sectionals and states."
7 I would say that he certainly turned it up a gear
8 and then some.
9 The paper also named him Athlete of
10 the Year and noted that Shea became the first
11 Section 2 runner to claim a Class A state
12 championship since 2016.
13 There's an adage about the
14 athleticism, intensity and challenge required of
15 cross-country running: In cross country there's
16 no half-times, no time outs, no substitutions.
17 It must be the only true sport.
18 This is truly a challenging sport.
19 And Shea, you are a true sportsman, champion and
20 genuine credit to Saratoga Springs High School.
21 Mr. President, please extend the
22 privileges of the house to Shea Weilbaker for his
23 excellence and achievement in capturing his third
24 state championship.
25 ACTING PRESIDENT BENJAMIN: To
3326
1 Shea, I welcome you on behalf of the Senate. We
2 extend to you all of the courtesies and
3 privileges of this house to you and your family.
4 Please -- well, you're rising, so
5 please be recognized for your hard work.
6 (Standing ovation.)
7 ACTING PRESIDENT BENJAMIN: The
8 resolution was previously adopted on
9 January 15th.
10 Senator Gianaris.
11 SENATOR GIANARIS: Mr. President,
12 please open this resolution for cosponsorship.
13 ACTING PRESIDENT BENJAMIN: The
14 resolution is open for cosponsorship. Should you
15 choose not to be a cosponsor of the resolution,
16 please notify the desk.
17 Senator Gianaris.
18 SENATOR GIANARIS: Let's now please
19 take up previously adopted Resolution 986, by
20 Senator Tedisco, read the resolution's title
21 only, and recognize Senator Tedisco.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 986, by Senator Tedisco, memorializing Governor
3327
1 Andrew M. Cuomo to proclaim May 2019 as
2 Neurofibromatosis Month in the State of New York.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Tedisco on the resolution.
5 SENATOR TEDISCO: Thank you,
6 Mr. President.
7 Every once in a while there's an
8 expanded and new word which becomes the longest
9 word in the Oxford English Dictionary. The
10 newest word is pneumonoultramicroscopicsilico-
11 volcanoconiosis. Probably none of us in this
12 room really understand what that relates to or
13 can spell it.
14 Unfortunately, in this resolution
15 there's a word that's not as long but probably
16 much more important. It's called, as you have
17 heard, neurofibromatosis.
18 I want to thank you, Mr. President,
19 and all my colleagues for supporting this
20 important resolution to provide education, to
21 provide understanding and knowledge as it relates
22 to this particular disorder and hopefully get
23 research to start working towards a cure or at
24 least best practices, which are enhanced to deal
25 with this. Because it is and can be devastating
3328
1 to individuals and many families across this
2 state.
3 Joining us in this chamber today are
4 advocates from FM Northeast, a group dedicated to
5 raising awareness and ultimately finding
6 treatments and a cure for NF. NF encompasses a
7 set of distinct genetic disorders that cause
8 tumors to grow along various types of nerves. It
9 also causes tumors to grow anywhere on or in the
10 body of an individual.
11 Tumors can cause significant damage
12 to nerves, leading to hearing loss, visual
13 impairment, balance issues and other functional
14 problems, depending upon the location of those
15 tumors. Treatment has been limited to surgery to
16 remove the tumors, often creating collateral
17 damage to the nerves and to the spinal cord.
18 NF research has focused on
19 nonsurgical therapies to reduce tumors and
20 prevent formation of new tumors. Research
21 overlaps significantly -- and this is
22 important -- with cancer research, and many drugs
23 that have been effective in treating cancer are
24 also being investigated for this potential in
25 helping NF patients. Conversely, NF research has
3329
1 significant potential for identifying new therapy
2 approaches to cancer.
3 Approximately 7,800 New York
4 families are affected by NF. And my colleagues
5 and Mr. President, this hits home for me in a
6 very special way. My deputy chief of staff,
7 Chris Rhodes, has been facing this challenge over
8 the course of his lifetime. He battles it every
9 single day. He's been able to battle it to the
10 extent that he does a unbelievable job as my
11 deputy chief of staff. He's gotten two master's
12 degrees. But it's always been a challenge and a
13 battle.
14 Today we have those individuals up
15 in the balcony who are helping to battle this
16 disorder -- some family members, some advocates.
17 And I'd like to introduce them to you and have
18 them stand up so we can welcome them and thank
19 them for what they're providing.
20 They are Vito Grasso, Peter Nobis,
21 Amelia Nobis, Nancy Nobis, Amanda Metott, Dalton
22 Metott, and Susan Benjamin.
23 Mr. President, I ask you to welcome
24 them, offer them all the cordialities of the
25 house, and thank them for facing this challenge
3330
1 and battling for those families and those
2 individuals across the State of New York on this
3 important disease that we have to address.
4 ACTING PRESIDENT BENJAMIN: To our
5 guests, I welcome you on behalf of the Senate.
6 We extend to you all the privileges and
7 courtesies of this house.
8 Thank you for all the hard work
9 you're doing, and please be recognized at this
10 time.
11 (Standing ovation.)
12 ACTING PRESIDENT BENJAMIN: The
13 resolution was previously adopted on April 9th.
14 Senator Gianaris.
15 SENATOR GIANARIS: Please open that
16 resolution for cosponsorship.
17 ACTING PRESIDENT BENJAMIN: The
18 resolution is open for cosponsorship. Should you
19 choose not to be a cosponsor of the resolution,
20 please notify the desk.
21 Senator Gianaris.
22 SENATOR GIANARIS: Can we now take
23 up previously adopted Resolution 425, by
24 Senator Gallivan, read its title only, and
25 recognize Senator Gallivan.
3331
1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 425, by Senator Gallivan, memorializing Governor
5 Andrew M. Cuomo to proclaim May 5th through 11th,
6 2019, as Correctional Officers and Employees Week
7 in the State of New York.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Gallivan on the resolution.
10 SENATOR GALLIVAN: Thank you,
11 Mr. President.
12 As a former state trooper, a former
13 sheriff of Erie County, former member of the
14 Parole Board, and former chair of the Crime and
15 Corrections Committee, I've had occasion over
16 many years to visit many correctional facilities
17 across this state, and the privilege of meeting
18 with thousands of correction officers and
19 correction employees.
20 I believe those who work in our
21 jails and prisons have among the hardest jobs in
22 all of law enforcement. They face many
23 challenges. Their jobs are demanding, difficult
24 and often dangerous. They're certainly worthy of
25 our support.
3332
1 There's over 60,000 dedicated
2 correction officers and employees in New York
3 State responsible for the care, custody and
4 security of over 77,000 inmates. Many of those
5 men and women also work hard to help inmates
6 restore their lives and to become productive
7 members of society.
8 In accordance with the federal
9 government's recognition of the indispensable
10 contributions that correction officers make every
11 day to protect our citizens from harm, it's
12 proper and fitting for us in the State of
13 New York to honor all correction office and
14 employees this week.
15 And I'm proud to call upon the
16 Governor to proclaim this week as Correctional
17 Officers and Employees Week in the State of
18 New York.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Sepúlveda on the resolution.
22 SENATOR SEPÚLVEDA: Thank you,
23 Mr. President, for allowing me to also speak on
24 the resolution.
25 Since becoming chair of the
3333
1 committee in January, I too have visited prison
2 facilities and will continue to visit each and
3 every one of them throughout my tenure here and
4 see firsthand the difficult work that they
5 perform keeping the prisons safe but keeping
6 themselves safe, keeping the communities safe.
7 There is absolutely no doubt that
8 they have one of the most difficult jobs of any
9 public servant in the State of New York. And we
10 should continue to support them and honor them
11 and do whatever we can to make their jobs easier
12 and to recognize the difficulty in what they do.
13 So I join in this resolution and
14 also ask that the Governor declare this day in
15 support and acknowledgement of their work.
16 Thank you.
17 ACTING PRESIDENT BENJAMIN: The
18 resolution was previously adopted on
19 February 27th.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 please also open that resolution for
23 cosponsorship.
24 ACTING PRESIDENT BENJAMIN: The
25 resolution is open for cosponsorship. Should you
3334
1 choose not to be a cosponsor of the resolution,
2 please notify the desk.
3 Senator Gianaris.
4 SENATOR GIANARIS: Can we now take
5 up the reading of the calendar.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number 23,
9 Senate Print 1379, by Senator Bailey, an act to
10 amend the Correction Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Senator
19 Bailey to explain his vote.
20 SENATOR BAILEY: Thank you,
21 Mr. President. I rise in appreciation of this
22 being on today's calendar.
23 I want to thank Senator Sepúlveda,
24 the chair of the Crime Victims, Crime and
25 Corrections Committee, for moving this bill
3335
1 through the committee in January of this year,
2 brand-new -- early in the session, because this
3 is a very important bill. This is something that
4 can hopefully equalize things.
5 It could be a potential game
6 changer, as Senator Sepúlveda said. Being able
7 to give access to more individuals who are
8 incarcerated -- access of incarcerated
9 individuals to education will reduce recidivism
10 rates and will ultimately, I think, better our
11 society.
12 I am greatly appreciative of
13 Leader Stewart-Cousins for having this bill moved
14 to the floor, and I proudly vote aye,
15 Mr. President.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Bailey to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 23, those Senators voting in the
21 negative are Senators Akshar, Amedore, Boyle,
22 Gallivan, Griffo, Helming, Jacobs, Jordan, Lanza,
23 Ortt, Ranzenhofer, Robach and Tedisco.
24 Ayes, 48. Nays, 13.
25 ACTING PRESIDENT BENJAMIN: The
3336
1 bill is passed.
2 There is a substitution at the desk.
3 The Secretary will read.
4 THE SECRETARY: On page 22,
5 Senator Breslin moves to discharge, from the
6 Committee on Insurance, Assembly Bill Number
7 3214A and substitute it for the identical Senate
8 Bill 3505A, Third Reading Calendar 248.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 248, Assembly Print 3214A, by Assemblymember
14 Cook, an act to amend the Financial Services Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BENJAMIN: The
3337
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 262, Senate Print 21, by Senator Parker, an act
4 to amend the Public Service Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 262, Senator Akshar voting in the
16 negative.
17 Ayes, 60. Nays, 1.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 326, Senate Print 4133, by Senator Kavanagh, an
22 act to amend the Private Housing Finance Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
3338
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 326, those Senators voting in the
9 negative are Senators Boyle, Helming, Jordan,
10 O'Mara and Ortt.
11 Ayes, 56. Nays, 5.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 368, Senate Print 3952, by Senator Brooks, an act
16 to amend the Not-For-Profit Corporation Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
3339
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 377, Senate Print 4034, by Senator Skoufis, an
6 act to amend the General Municipal Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 378, Senate Print 1653, by Senator Skoufis, an
21 act to authorize the assessor of the Town of
22 Haverstraw, County of Rockland, to accept from
23 Hi Tor Animal Care Center.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
3340
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 378, those Senators voting in the
10 negative are Senators Akshar, Antonacci and
11 O'Mara.
12 Ayes, 58. Nays, 3.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 380, Senate Print 2877, by Senator Martinez, an
17 act authorizing the alienation of certain
18 parklands in the Town of Brookhaven, County of
19 Suffolk.
20 ACTING PRESIDENT BENJAMIN: There
21 is a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 6. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
3341
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 380, Senator O'Mara recorded in
7 the negative.
8 Ayes, 60. Nays, 1.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 381, Senate Print 3409, by Senator Harckham, an
13 act to amend the Town Law and the Public Officers
14 Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 3. This act
18 shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT BENJAMIN: The
3342
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 384, Senate Print 4092, by Senator Kaminsky, an
4 act authorizing the Village of Island Park to
5 retroactively apply for a real property tax
6 exemption for certain property.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 384, those Senators voting in the
18 negative are Senators Akshar, Antonacci and
19 O'Mara.
20 Ayes, 58. Nays, 3.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 385, Senate Print 4141, by Senator Kaplan, an act
25 to authorize the assessor of the County of Nassau
3343
1 to accept an application for exemption from real
2 property taxes.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 385, those Senators voting in the
14 negative are Senators Akshar, Antonacci and
15 O'Mara.
16 Ayes, 58. Nays, 3.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 388, Senate Print 4570A, by Senator Gaughran, an
21 act to authorize the Board of Fire Commissioners
22 of the East Northport Fire District.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
3344
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 388, those Senators voting in the
9 negative are Senators Akshar, Antonacci, Jacobs
10 and O'Mara.
11 Ayes, 57. Nays, 4.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 389, Senate Print 4670, by Senator Kaplan, an act
16 in relation to authorizing the assessor of the
17 County of Nassau.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
3345
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 389, those Senators voting in the
4 negative are Senators Akshar, Antonacci and
5 O'Mara.
6 Ayes, 58. Nays, 3.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 424, Senate Print 1817, by Senator Rivera, an act
11 to amend the Public Health Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 432, Assembly Print 795, substituted earlier by
3346
1 Assemblymember Abinanti, an act to amend the
2 Surrogate's Court Procedure Act.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 434, Assembly Print 3486, substituted earlier by
17 Assemblymember Paulin, an act to amend the
18 Civil Practice Law and Rules.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
3347
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 441, Senate Print 3012, by Senator Gaughran, an
8 act to amend the Navigation Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 453, Assembly Print 212, substituted earlier by
23 Assemblymember Galef, an act to amend the
24 Public Health Law.
25 ACTING PRESIDENT BENJAMIN: Read
3348
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Carlucci to explain his vote.
9 SENATOR CARLUCCI: Thank you,
10 Mr. President.
11 It's an absolute honor to be able to
12 have this bill on the floor today. And I want to
13 thank Senator Rivera for pushing it through the
14 Health Committee and recognizing this commonsense
15 piece of legislation.
16 Fortunately, we have with us today
17 the inspiration for this legislation, Dream
18 Shepherd, who is in the gallery today with her
19 mother Diana. And Dream unfortunately, nine
20 years ago, while battling sickle cell, had a
21 stroke at five years old. And while in the
22 hospital for many months, she received a stem
23 cell transplant. And upon being discharged from
24 the hospital, her mother learned that she had to
25 have a central venous line that her mother would
3349
1 now have to care for.
2 And knowing the complications with
3 that -- unfortunately, we have hundreds of
4 thousands of people each year in the United
5 States that their lines get infected and they
6 have to be rehospitalized, and many times that
7 could be something that's fatal.
8 So this legislation very simply will
9 help thousands of New Yorkers by making sure that
10 when someone is discharged, like Dream was, that
11 before that is done that the hospital engages the
12 caregiver and makes sure they know what they need
13 to do. And if that person says hey, I am not
14 comfortable keeping these lines clean and cared
15 for, that then the hospital has to make other
16 arrangements, and that can be to have a home
17 healthcare aide make sure that those lines are
18 kept, that it's a medical necessity, and that
19 they are kept clean and someone is kept healthy
20 and safe.
21 So I want to thank Dream for your
22 inspiration, for your advocacy, and thank your
23 mother, Diana, who's a force that said, Hey, I'm
24 going to turn this around. Some of the darkest
25 times in their life, they're shedding light so
3350
1 that others don't have to go through it. And
2 because of your work and your tenacity, I believe
3 thousands of people will be living healthier,
4 more productive lives and we will also save
5 lives.
6 So thank you, Dream. Thank you,
7 Mr. President. I want to thank my colleagues for
8 supporting this legislation.
9 Thank you.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Carlucci to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 456, Assembly Print 4988, substituted earlier by
18 Assemblymember Paulin, an act to amend the Public
19 Health Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
3351
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 459, Senate Print 2387, by Senator Persaud, an
9 act to amend the General Business Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day after it
14 shall have become a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Senator
19 Little to explain her vote.
20 SENATOR LITTLE: Thank you,
21 Mr. President.
22 This bill is like several others
23 that we have had which I believe should be taken
24 care of at the national level, the federal level.
25 And we should -- if this is necessary to mention
3352
1 these products and things that are included, may
2 be included in this product, it should be done on
3 a federal level rather than on a state level.
4 Once we have New York only, as we
5 seem to be doing, it's going to make the product
6 more expensive in New York for separate packaging
7 and labeling and all of that.
8 Therefore, I vote no.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Little to be recorded in the negative.
11 Senator Persaud to explain her vote.
12 SENATOR PERSAUD: Thank you,
13 Mr. President.
14 This bill -- as we all know, where
15 New York goes, so does the rest of the country.
16 So we're stepping forward to let people know it's
17 important that women know what is in products
18 that they are using in intimate parts of their
19 bodies.
20 So I implore my colleagues to
21 support this legislation and understand the
22 importance of it. It's okay that we're leading
23 the charge in New York. It is okay. Sometimes
24 it is tough. Sometimes, yes, it may cost
25 something more. But in the long run, it's
3353
1 beneficial to everyone.
2 So where New York goes, the others
3 will see the importance of it and will follow.
4 So to all my colleagues, I implore you, please
5 support the legislation because it's an important
6 piece of legislation.
7 I thank you, Mr. President.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Persaud to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 459, those Senators voting in the
13 negative are Senators Akshar, Antonacci,
14 Flanagan, Gallivan, Griffo, Helming, Jacobs,
15 Jordan, Little, O'Mara, Ortt and Seward.
16 Ayes, 49. Nays, 12.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 463, Assembly Print 1619, substituted earlier by
21 Assemblymember Rozic, an act to amend the
22 Insurance Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 4. This
3354
1 act shall take effect on the 90th day after it
2 shall have become a law.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Jordan to explain her vote.
10 SENATOR JORDAN: While I believe
11 the bill's sponsor and all of us would like to
12 make sure that those who are affected with eating
13 disorders are able to be treated and covered by
14 health insurance, I believe that the passage of
15 this bill is premature at this time.
16 I think there needs to be public
17 hearings on this issue, as there are problems
18 with the bill in regard to how New York State
19 already provides for the treatment of eating
20 disorders. I'm all too familiar with this bill,
21 as former legislative director for my
22 predecessor, who sponsored the bill in the Senate
23 and wanted this to pass more than anything. We
24 had a lot of meetings with many stakeholders from
25 all sides of this issue. Time ran out before a
3355
1 close could be put to the bill in any way. So I
2 believe there are issues that need to be
3 discussed and reviewed in order for a real
4 solution to be found.
5 The bill before us is a bill being
6 delivered to every state by the National Eating
7 Disorders Association. Missouri was the first
8 state to pass this. However, Missouri and the
9 other states don't have the programs that
10 New York State has in place, and perhaps this
11 bill doesn't really fit with the law and the
12 program that we already have.
13 In 2004, eating disorders was a very
14 hot topic in New York, and Public Health Law at
15 that time in New York became like the gold
16 standard, and we were on the cutting edge
17 nationally for eating disorder health coverage.
18 New York State required that health plans cover
19 all eating disorders at Comprehensive Care
20 Centers for Eating Disorders.
21 And Comprehensive Care Centers are
22 organized for the common purpose of providing a
23 coordinated, individualized plan of care for an
24 individual with an eating disorder across the
25 continuum. That includes all necessary
3356
1 non-institutional, institutional and practitioner
2 services and treatments, from initial patient
3 screening and evaluation to treatment, follow-up
4 care and support. And that's from the
5 definition.
6 There are only three such centers in
7 the state, and the New York State budget provides
8 funding for these centers. I think we need to
9 eliminate the system we already have in place
10 before passing this bill and look at New York
11 State statistics, not just the national
12 statistics that this bill is based on.
13 We also need to look at why those
14 who aren't being treated aren't. Is everyone
15 aware of the Comprehensive Care Centers? Do we
16 need more of them strategically located
17 throughout our large and diverse state? Are the
18 three centers at capacity and thus unable to
19 treat all that need it? What isn't covered by
20 insurance for an eating disorder when a patient
21 is in fact being treated by a Comprehensive Care
22 Center? Because it's represented that all the
23 treatment is being covered.
24 We also need to take a look at the
25 Insurance Law in this regard. In New York State,
3357
1 self-funded and experience-rated groups, which
2 actually are mostly medium to large employer
3 groups, are exempt from state-mandated benefits.
4 So the burden of costs then shifts to the
5 small-group community markets, which will have
6 the hardest time affording higher premiums. And
7 this could have a negative effect on many of the
8 insurance policies that we all have.
9 This is a perfect instance where the
10 New York State Health Care Quality and Cost
11 Containment Commission, which was established in
12 2007 to analyze the impact of all proposed
13 mandates on health insurance cost and the quality
14 of care, should take action. But like so many
15 commissions and studies put forth, it never has
16 met and the funding was actually eliminated in
17 2017-2018 for that.
18 As I said before, I think the
19 passage of this bill is premature and we should
20 actually have public hearings and study the issue
21 from all angles before we pass this bill. And so
22 for these reasons, I'm voting no.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Jordan to be recorded in the negative.
25 Senator Carlucci to explain his
3358
1 vote.
2 SENATOR CARLUCCI: Thank you,
3 Mr. President.
4 I want to thank Senator Biaggi for
5 sponsoring this important legislation. As
6 chairman of the Mental Health Committee, we know
7 that eating disorders can be some of the most
8 fatal mental health disorders there are in this
9 nation. And now, in my ninth year in the Senate,
10 I'm sure we've all experienced residents that
11 have been given the runaround from insurance
12 companies. They have an eating disorder, and yet
13 they're not getting the service, the treatment,
14 the care that they need.
15 This is something that is long
16 overdue. And I think it will help thousands of
17 people in our community. I just met with a young
18 girl the other day who spent months in rehab.
19 And she knew that if she had access to treatment
20 early on, it could have mitigated many of the
21 problems that she saw in her life.
22 So this is important legislation.
23 Again, I want to thank the sponsor and all my
24 colleagues for supporting this. Let's let this
25 be the first step of many that we take to combat
3359
1 eating disorders, to end the stigma, to get
2 people the treatment, the help that they truly
3 need.
4 Thank you, Mr. President.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Carlucci to be recorded in the affirmative.
7 Senator Salazar to explain her vote.
8 SENATOR SALAZAR: Thank you,
9 Mr. President.
10 Like other serious health conditions
11 that disproportionately affect women, the
12 treatment for eating disorders is often very
13 expensive and often excluded from insurance
14 coverage due to technicalities like what
15 currently exists in the law.
16 I really want to thank Senator
17 Biaggi for introducing this legislation, because
18 group insurance policies currently are only
19 required to cover treatment for anorexia and
20 bulimia in New York, and someone whose diagnosis
21 is different but just as severe and potentially
22 fatal, as Senator Carlucci mentioned, those
23 people are unable to receive the treatment that
24 they need because it is expensive and because
25 insurance doesn't cover it.
3360
1 So I really -- I think it's really
2 important that we're passing this legislation and
3 that we're finally giving access to the care that
4 they need to so many New Yorkers who are
5 currently barred from it.
6 Thank you.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Salazar to be recorded in the affirmative.
9 Senator Biaggi to close.
10 SENATOR BIAGGI: Thank you,
11 Mr. President.
12 I want to begin by thanking our
13 leader for prioritizing this bill in this
14 legislative session, as well as the chair of the
15 Insurance Committee, Senator Breslin, for
16 prioritizing this bill in his committee and
17 making sure that it saw the light of day and now
18 is among us right now.
19 I appreciate the other sides of the
20 argument and I really do take it to heart. But
21 when we think about an issue that affects
22 30 million lives every year, that is the highest
23 cause of death amongst all mental health
24 illnesses, I don't think that we can spare
25 another second.
3361
1 And so while there is still more
2 work to do, I look forward to doing that to
3 making sure that every single person in the State
4 of New York who suffers from an eating disorder
5 can get the coverage that they need, that it
6 doesn't cost them upwards of $30,000 a month for
7 a specific cost, and that it's disruptive in
8 their day-to-day lives.
9 The current law only specifies
10 coverage for anorexia and bulimia. And so what
11 this law does is it clarifies that that
12 definition of an eating disorder includes a whole
13 range of other eating disorders that people
14 suffer from that they have to get treatment for
15 but have been shut out.
16 And so as someone who has suffered
17 from an eating disorder for over 15 years, I know
18 that it doesn't really ever go away, but being
19 able to access the treatment that I needed was a
20 key part of me becoming well.
21 So I vote in the affirmative. Thank
22 you very much, Mr. President.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Biaggi to be recorded in the affirmative.
25 Announce the results.
3362
1 THE SECRETARY: In relation to
2 Calendar Number 463, those Senators voting in the
3 negative are Senators Gallivan, Griffo, Helming,
4 Jacobs, Jordan, Little, Ortt and Seward.
5 Ayes, 53. Nays, 8.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 464, Senate Print 3159A, by Senator Harckham, an
10 act to amend the Insurance Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Senator
19 Harckham to explain his vote.
20 SENATOR HARCKHAM: Thank you very
21 much, Mr. President.
22 In New York we have -- like many
23 other states, many of our residents are afflicted
24 either through addiction or mental health
25 disorders. And I want to thank Senator Biaggi
3363
1 for the last piece of legislation and certainly
2 for your courage in standing up and coming
3 forward on this issue. I appreciate that
4 greatly.
5 And that's how we address these
6 challenges, one problem at a time as we discover
7 them. There's no blanket piece of legislation
8 that we can pass that will make addiction go
9 away, that will make eating disorders go away.
10 So what we do is we add to the patchwork of
11 repairs that we make. And the bill we just voted
12 on was no exception.
13 This was a story that was covered by
14 NPR, and then we started hearing from nurses that
15 they were being denied life insurance because
16 they carried a prescription for naloxone or
17 Narcan, which are opioid-blocking drugs. And
18 whether they were using them in the course of
19 their daily jobs, perhaps in a school or
20 somewhere else, or as a volunteer in the
21 community, they carried them with them to help
22 save lives.
23 And we should not be handcuffing and
24 inhibiting the good works of volunteers in our
25 community who are trained and prescribed and want
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1 to carry this.
2 So what this bill does is it simply
3 no longer allows insurance companies to look at
4 drugs like this on their screening when someone
5 is being looked at for the potential for life
6 insurance. This will enable people who want to
7 volunteer and encourage more volunteers without
8 the fear of being penalized. We want more people
9 carrying these life-saving drugs, not less.
10 So I vote in the affirmative, and I
11 thank colleagues for supporting it as well.
12 ACTING PRESIDENT BENJAMIN: Senator
13 Harckham to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Is there any
21 further business at the desk?
22 ACTING PRESIDENT BENJAMIN: There
23 is no further business at the desk.
24 SENATOR GIANARIS: I move to
25 adjourn until tomorrow, Tuesday, May 7th, at
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1 3:00 p.m.
2 ACTING PRESIDENT BENJAMIN: On
3 motion, the Senate stands adjourned until
4 Tuesday, May 7th, at 3:00 p.m.
5 (Whereupon, at 4:14 p.m., the Senate
6 adjourned.)
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