Regular Session - February 25, 2020
872
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
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8
9 ALBANY, NEW YORK
10 February 25, 2020
11 3:23 p.m.
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13
14 REGULAR SESSION
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16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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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 and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 February 24, 2020, the Senate met pursuant to
17 adjournment. The Journal of Sunday, February 23,
18 2020, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Martinez
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1 moves to discharge, from the Committee on
2 Investigations and Government Operations,
3 Assembly Bill Number 7331 and substitute it for
4 the identical Senate Bill Number 6172, Third
5 Reading Calendar 410.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 on behalf of Senator Carlucci, on page 6 I offer
17 the following amendments to Calendar Number 52,
18 Senate Print 1146, and ask that said bill retain
19 its place on Third Reading Calendar.
20 ACTING PRESIDENT BENJAMIN: The
21 amendments are received, and the bill shall
22 retain its place on the Third Reading Calendar.
23 SENATOR GIANARIS: On behalf of
24 Senator Skoufis, on page 24 I offer the following
25 amendments to Calendar Number 396, Senate Print
875
1 7300A, and ask that said bill retain its place on
2 the Third Reading Calendar.
3 ACTING PRESIDENT BENJAMIN: The
4 amendments are received, and the bill shall
5 retain its place on the Third Reading Calendar.
6 SENATOR GIANARIS: I now move to
7 adopt the Resolution Calendar, with the exception
8 of Resolution 2848.
9 ACTING PRESIDENT BENJAMIN: All in
10 favor of adopting the Resolution Calendar, with
11 the exception of Resolution 2848, please signify
12 by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT BENJAMIN:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT BENJAMIN: The
18 Resolution Calendar is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Mr. President,
21 can you at this time recognize Senator Kaplan for
22 an introduction, please.
23 ACTING PRESIDENT BENJAMIN:
24 Senator Kaplan for an introduction.
25 SENATOR KAPLAN: Thank you,
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1 Mr. President.
2 It is my great privilege this
3 afternoon to welcome several distinguished guests
4 to the Senate chamber from the Henry Viscardi
5 School, which is located in my district, and it
6 serves young people from across the region.
7 Joining us today we have Joseph
8 Slaninka, Andrew Cherico, Paul Navarro, Jr., Paul
9 Navarro, Sr., and also Angelo Zagerali.
10 The Viscardi School offers children
11 and young adults with severe disabilities a
12 traditional educational setting that provides
13 rigorous academics and an opportunity for
14 personal growth and leadership development.
15 It is a specialized, accessible
16 educational setting which provides a fully
17 enriched academic program, a variety of
18 therapies, assistive technology, and medical
19 supports to students who may otherwise need to
20 receive instruction in their homes or a hospital
21 setting.
22 I've been privileged to tour the
23 Viscardi School and meet with students, teachers,
24 and even their dog Sunny on numerous occasions,
25 and they've always been a source of immense
877
1 inspiration for me, not only for their incredible
2 individual achievements, but also for the warm,
3 embracing spirit of community that they have
4 created at the school.
5 Mr. President, I ask you to please
6 extend the courtesy and honor of the chamber to
7 these wonderful special guests today.
8 ACTING PRESIDENT BENJAMIN: To our
9 guests, I welcome you on behalf of the Senate.
10 We extend to you all of the privileges and
11 courtesies of this house.
12 Let us rise and recognize or guests.
13 (Standing ovation.)
14 ACTING PRESIDENT BENJAMIN: Senator
15 Gianaris.
16 SENATOR GIANARIS: Can we now
17 recognize Senator Little for another
18 introduction.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Little for an introduction.
21 SENATOR LITTLE: Thank you,
22 Mr. President.
23 It's my honor today to introduce
24 some students who are visiting here from Clinton
25 Franklin BOCES program, and they are part of the
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1 New Visions Program that BOCES has studying
2 government. So they have an interest in
3 government, they have been looking and visiting
4 the court system, the sheriffs, the police,
5 everything that has to do with local government
6 as well as county government, and today they're
7 here visiting us in state government.
8 So with them is Tracy Warren, who is
9 the director of their program and has been doing
10 this for a number of years.
11 And I thank Tracy for all of her
12 efforts, and thank the students for coming. But
13 really I thank you for your interest in
14 government, as obviously we're all interested in
15 government here, and glad to see that young
16 people are looking at it as a possible career for
17 them as well.
18 So, Mr. President, I present them.
19 ACTING PRESIDENT BENJAMIN: To our
20 guests, I welcome you on behalf of the Senate.
21 We extend to you all of the privileges and
22 courtesies of this house. Please rise be and be
23 recognized.
24 (Standing ovation.)
25 ACTING PRESIDENT BENJAMIN: Senator
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1 Gianaris.
2 SENATOR GIANARIS: Can we now take
3 up previously adopted Resolution 2557, by
4 Senator Rivera, read its title only, and
5 recognize Senator Rivera.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 2557, by Senator Rivera, memorializing Governor
10 Andrew M. Cuomo to proclaim March 2 through 8,
11 2020, as Eating Disorder Awareness Week in the
12 State of New York.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Rivera on the resolution.
15 SENATOR RIVERA: Thank you so much,
16 Mr. President.
17 As was read, this resolution, which
18 was previously adopted, is to recognize that we
19 have Eating Disorder Awareness Week. Now, the
20 theme this year is Come as You Are: Hindsight is
21 2020. The fact is that we need to talk about the
22 message of this year's week of eating disorder
23 awareness is to make sure that we take
24 self-acceptance and acceptance of others and keep
25 it as a core value.
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1 The fact is that there is a lot of
2 stigma for individuals that are suffering from
3 eating disorders, and there's a lot of work that
4 we still need to do, not only legislatively but
5 in the area of stigma, to make sure that we
6 eliminate it.
7 And there's one person in particular
8 that I'd like to point out, and I know that some
9 of my colleagues might be referring to this lady
10 earlier. That is a lady by the name of Katelin
11 Penner.
12 Well, Ms. Penner, much like our
13 colleague Peter Harckham, who very courageously
14 just a few weeks ago spoke about his struggles
15 with alcoholism -- in her case she has publicly
16 talked about her struggles with eating disorders.
17 And it has been her work which actually has led
18 to a piece of legislation that I know that my
19 colleague Senator Hoylman will speak about.
20 And it is precisely this type of
21 thing which we need to underline when we have
22 young people or people of all types that bring
23 ideas to us, talk about the struggles that they
24 face and things that we need to do in the states
25 to make sure that we change their condition for
881
1 the better. We want to make sure that we do what
2 we can in the state to change those conditions.
3 So today, again, we are speaking
4 about Eating Disorder Awareness Week. We will be
5 doing some legislation on this issue as well.
6 But for the moment I just want to recognize not
7 only that we have individuals all across the
8 state and the country that have this issue, but
9 that we can fight stigma, we can change
10 legislation to make their lives better, and we
11 can recognize particularly those that bring ideas
12 to us that then can turn into legislative issues
13 and solutions for the State of New York.
14 Thank you, Mr. President.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Hoylman on the resolution.
17 SENATOR HOYLMAN: Thank you,
18 Mr. President.
19 I wanted to thank Senator Rivera for
20 this resolution.
21 As he mentioned, I carry a bill,
22 S7094, with Senator Salazar and Assemblymember
23 Yuh-Line Niou, that would require schools to
24 provide age-appropriate instruction on the
25 prevention of eating disorders to all students in
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1 Grades 6 through 12.
2 We introduced this bill together,
3 Senator Salazar and I, thanks to the advocacy of
4 Katelin Penner, as Senator Rivera mentioned.
5 She's a member of the Zoomers Caucus. I don't
6 know if you know what a Zoomer is; I didn't until
7 I met Katelin. But it's anyone who was born in
8 the late '90s and early 2000s -- some of whom
9 probably serve in this chamber, which is kind of
10 hard to believe.
11 But a remarkable thing, and it's a
12 remarkable thing that young New Yorkers are
13 getting involved in actually drafting important
14 legislation like this that will make an enormous
15 difference to school-age children across the
16 State of New York.
17 So thank you, Senator Rivera. Thank
18 you, Katelin Penner. And let's make certain that
19 we stamp out the affliction of eating disorders
20 for all young people.
21 Thank you.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Carlucci on the resolution.
24 SENATOR CARLUCCI: Thank you,
25 Mr. President.
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1 I want to thank the sponsors of the
2 legislation just talked about, and thank
3 Senator Rivera for putting this important
4 resolution forward.
5 Unfortunately, in the United States
6 we know over 30 million Americans are living with
7 a serious eating disorder. And unfortunately the
8 majority of Americans living with an eating
9 disorder will never be diagnosed and will never
10 get treatment. Even though treatment and
11 services and resources exist, there's still a
12 major stigma that faces mental health and eating
13 disorders.
14 Unfortunately, we know that eating
15 disorders, particularly anorexia, is the leading
16 cause of mortality of any of mental health issue.
17 In fact, unfortunately, 23 people on average die
18 every day in the United States directly related
19 to an eating disorder.
20 That's why it's so important that we
21 raise awareness, we make sure that we talk about
22 this, but we also have to have policies in place
23 that will help people that are living with eating
24 disorders.
25 I had the good fortune of meeting a
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1 young girl from Briarcliff who had experienced an
2 eating disorder. Unfortunately, she was living
3 with it probably from the time as young as
4 8 years old, and wasn't diagnosed until she was
5 15. She underwent treatment and is in recovery
6 and getting the help that she needs, but she's
7 spoken out about the need to make sure that our
8 pediatricians understand and screen our young
9 people for eating disorders.
10 We know if you're diagnosed at a
11 young age or if you're diagnosed at any age and
12 you know what the problem is, that you can get
13 the help and recover and live an independent,
14 productive life.
15 So this is a serious issue. It's
16 important that we address it here in this
17 chamber. We have to recognize Eating Disorder
18 Week and make sure that we end the stigma, but we
19 must go further to have policies in place to make
20 sure that anyone that is experiencing it gets the
21 help and treatment they need.
22 This is also about parity, to make
23 sure that someone that is experiencing an eating
24 disorder gets the treatment and that insurance
25 can't deny them for seeking that coverage and
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1 that treatment.
2 So, Mr. President, I thank my
3 colleagues for supporting this resolution, and
4 I'll be supporting it as well.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BENJAMIN: The
7 resolution was previously adopted on
8 January 22nd.
9 Senator Gianaris.
10 SENATOR GIANARIS: Actually, at the
11 request of the sponsor, the resolution we just
12 took up is open for cosponsorship, Mr. President.
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: Can we now take
19 up the reading of the calendar, please.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number 54,
23 Senate Print 3057, by Senator Gaughran, an act to
24 amend the Volunteer Firefighters' Benefit Law and
25 the Volunteer Ambulance Workers' Benefit Law.
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1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 (Pause.)
11 ACTING PRESIDENT BENJAMIN:
12 Calendar Number 52 was high and is laid aside for
13 the day, so we are on Calendar 54.
14 Announce the results.
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 142, Senate Print 2719, by Senator Krueger, an
20 act to amend the Civil Practice Law and Rules.
21 SENATOR GRIFFO: Lay it aside.
22 ACTING PRESIDENT BENJAMIN: Lay it
23 aside.
24 THE SECRETARY: Calendar Number
25 167, Senate Print 5421A, by Senator Ramos, an act
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1 to amend the Workers' Compensation Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
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 167, those Senators voting in the
14 negative are Senators Ortt, Lanza and Jacobs.
15 Ayes, 54. Nays, 3.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 326, Senate Print 2861, by Senator Parker, an act
20 to amend the Public Service Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day after it
25 shall have become a law.
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1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 326, those Senators voting in the
8 negative are Senators Akshar, Borrello, Funke,
9 Gallivan, Helming, Jacobs, Jordan, Ortt, O'Mara,
10 Ranzenhofer, Serino and Seward.
11 Ayes, 45. Nays, 12.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 366, Senate Print 7639, by Senator Addabbo, an
16 act to amend the Racing, Pari-Mutuel Wagering and
17 Breeding Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 166. 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:
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1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 366, voting in the negative:
4 Senator LaValle.
5 Ayes, 56. Nays, 1.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 410, Assembly Number 7331, substituted earlier by
10 Assemblymember Dilan, an act to amend the
11 Executive Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. 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: Senator
20 Mayer to explain her vote.
21 SENATOR MAYER: Thank you,
22 Mr. President.
23 I will be voting yes on this bill,
24 and this is an important step forward. But I
25 would hope that the Division of Human Rights --
890
1 this is a program bill of theirs -- can issue
2 some guidance. Because in multi-tenant buildings
3 like co-ops and rentals, the -- having a pet that
4 provides some kind of -- meets a need of a tenant
5 frequently may conflict with another tenant. And
6 I had such an example in my district.
7 And there's very little guidance to
8 say that a pet that is necessary for someone's
9 emotional health might not be a challenge to
10 another person's emotional health, and that's
11 what happened.
12 And I think I would ask the Division
13 of Human Rights to recognize and administratively
14 to make some guidance so that this balancing of
15 interests, which is essential for those of us who
16 live next to each other in apartment houses or in
17 rentals or in co-ops, find a way to live together
18 in peace, and that this is not a sort of
19 one-size-fits-all.
20 So I'll be voting yes, but again I
21 urge the division to address the inherent
22 conflicts in multi-unit buildings that occur when
23 animals may be present.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: Senator
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1 Mayer to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 410, those Senators voting in the
5 negative are Senators Borrello, Griffo, Jacobs,
6 Jordan, Lanza, Ortt, O'Mara, Ranzenhofer and
7 Seward.
8 Ayes, 50. Nays, 9.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 413, Senate Print 4142, by Senator Savino, an act
13 to amend the State Technology Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 414, Senate Print 6037A, by Senator Savino, an
3 act to amend the Economic Development Law, in
4 relation to the development and creation of
5 distributed ledger technology and business
6 entities.
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, 59.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 437, Senate Print 3654, by Senator Salazar, an
21 act to amend the General Business Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 437, voting in the negative:
8 Senator Flanagan.
9 Ayes, 58. Nays, 1.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 Senator Gianaris, that completes the
13 reading of today's calendar.
14 SENATOR GIANARIS: Mr. President,
15 can we return to motions and resolutions for a
16 moment and take up Resolution 2848, by Senator
17 May, read its title only, and recognize
18 Senator May.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 2848, by Senator May, honoring Deborah Carey for
23 her outstanding advocacy, education and
24 fundraising efforts for lymphedema awareness.
25 ACTING PRESIDENT BENJAMIN: Senator
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1 May on the resolution.
2 SENATOR MAY: Thank you,
3 Mr. President.
4 Lymphedema is a disease of the
5 lymphatic system that affects 10 million
6 Americans and up to 250 million people worldwide.
7 You can be born with it, but more commonly it
8 occurs as a result of treatment for cancer,
9 breast cancer in particular.
10 Sadly, it is a little-known disease
11 or it is -- it's something often that could be
12 preventable, but doctors either don't know how or
13 don't bother to do that. And so that the
14 Lymphatic Education and Research Network is doing
15 very important work to raise awareness about
16 this, and their great champion is Deborah Carey,
17 who is with us today.
18 We're honoring her for her
19 exceptional activism, education and service in
20 raising awareness and fundraising for lymphedema
21 research and education. In 2017, Deborah was
22 diagnosed with breast cancer, and she reached out
23 to the Lymphatic Education & Research Network, or
24 LE&RN, for guidance in helping to prevent
25 lymphedema from developing in herself as a side
895
1 effect of her cancer and treatment. But then
2 after that was successful, she started reaching
3 out to help other people get this kind of
4 treatment.
5 She was able to receive cutting-edge
6 surgery from a world-renowned Memorial Sloan
7 Kettering surgeon, Dr. Joseph Dayan, to treat her
8 cancer and mitigate her chances of developing
9 lymphedema. And she's remained fervently active
10 in fundraising and awareness since 2013,
11 alongside her husband.
12 The organization LE&RN that they
13 work so hard to promote has revealed a barrier to
14 lymphedema being a nationwide priority, in that
15 it has such a low profile among medical
16 practitioners and in medical schools it isn't
17 studied. And so they are working to make sure
18 that that changes.
19 After Deborah's 2017 breast cancer
20 diagnosis and her successful surgery, together
21 with the leadership of LE&RN, her motivation and
22 unrelenting commitment, she remains active in
23 volunteering in an upstate New York hospital,
24 continues to support the fight avidly. And she
25 is an incomparable role model to those who have
896
1 undergone lymphatic diseases and lymphedema.
2 And she's joined here by her husband
3 Jim, by Colleen McGuire, the chief operating
4 officer of LE&RN, and William Repicci, the
5 president of LE&RN, and also Emma Detlefsen, who
6 is a youth ambassador about lymphedema and an
7 amazing young person who is bringing her energy
8 and awareness to this cause.
9 So I ask you to recognize our guests
10 in the gallery, please.
11 Thank you.
12 ACTING PRESIDENT BENJAMIN: To
13 Deborah, her family and to the team from LE&RN, I
14 welcome you on behalf of the Senate. We extend
15 to you all of the privileges and courtesies of
16 this house. Please rise, all of you, and be
17 recognized.
18 (Standing ovation.)
19 ACTING PRESIDENT BENJAMIN: Senator
20 Gianaris.
21 SENATOR GIANARIS: Senator May
22 would like to open that resolution for
23 cosponsorship.
24 ACTING PRESIDENT BENJAMIN: Sorry,
25 Senator.
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1 The question is on the resolution.
2 All in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT BENJAMIN:
5 Opposed?
6 (No response.)
7 ACTING PRESIDENT BENJAMIN: The
8 resolution is adopted.
9 Senator Gianaris.
10 SENATOR GIANARIS: Can you now
11 please open that resolution for cosponsorship.
12 ACTING PRESIDENT BENJAMIN: The
13 resolution is open for cosponsorship. Should you
14 choose not to be a cosponsor of the resolution,
15 please notify the desk.
16 Senator Gianaris.
17 SENATOR GIANARIS: Can we now take
18 up the reading of the controversial calendar.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will ring the bell.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 142, Senate Print 2719, by Senator Krueger, an
24 act to amend the Civil Practice Law and Rules.
25 ACTING PRESIDENT BENJAMIN: Senator
898
1 Griffo, why do you rise?
2 SENATOR GRIFFO: Mr. President, I
3 believe that there is an amendment at the desk.
4 I would waive the reading of that amendment and
5 ask that you recognize Senator Ortt.
6 ACTING PRESIDENT BENJAMIN: Thank
7 you, Senator Griffo.
8 Upon review of the amendment, in
9 accordance with Rule 6, Section 4B, I rule it
10 nongermane and out of order at this time.
11 SENATOR GRIFFO: Mr. President,
12 accordingly, I would appeal the ruling of the
13 chair and ask that Senator Ortt be heard on the
14 appeal of the amendment.
15 ACTING PRESIDENT BENJAMIN: The
16 appeal has been made and recognized, and Senator
17 Ortt may be heard.
18 SENATOR ORTT: Thank you,
19 Mr. President.
20 Obviously I feel this amendment is
21 germane, otherwise I wouldn't have had it brought
22 up.
23 But the reality is this deals with
24 clerks. And we know from the bill that was
25 passed through this chamber last year,
899
1 affectionately known as the Green Light Law,
2 which is driver's licenses for illegal
3 immigrants, that had an impact on the clerks, who
4 obviously are responsible for overseeing the DMVs
5 in this state.
6 But more importantly, not only are
7 county clerks being impacted, what we learned
8 yesterday from a briefing from the Department of
9 Homeland Security, from Customs and Border
10 Protection, and from our ICE -- a special agent
11 from ICE, is that this law has had very real and
12 negative public safety impacts on New Yorkers who
13 work for those agencies, who wake up every
14 morning -- of all political stripes -- and who
15 simply go to work and try to do the job they were
16 hired to do and enforce federal immigration
17 laws -- which this law specifically makes more
18 difficult and in some cases almost outright
19 prohibits.
20 It also not only impairs those
21 agents, but it also impairs New Yorkers who those
22 agents are tasked with protecting. My district
23 has three international border crossings with
24 Canada. The volume of traffic that comes through
25 there every day is very significant. In fact,
900
1 it's the largest border as far as goods and
2 services and traffic coming across anywhere in
3 the world.
4 And the reality is what we've seen
5 with this, by not allowing CBP and DHS and ICE to
6 share in that database, the DMV database -- which
7 goes further than any other law of this kind in
8 the country -- it has put these agents at risk,
9 it has put New Yorkers at risk.
10 And remember, this was done -- this
11 was originally done by Governor Pataki as part of
12 an executive order after 9/11. This is a
13 pre-9/11 mindset in a post-9/11 world. And on
14 this floor, when that was raised, the sponsor of
15 this legislation, which is now law, took a lot of
16 heart in the fact that we would be able to
17 identify perpetrators of future 9/11s -- but we
18 wouldn't be able to stop them.
19 And so going even further, when you
20 look at what has happened now with the federal
21 government responding by suspending New Yorkers'
22 access to Trusted Traveler, NEXUS, Global Entry,
23 that impacts about 80,000 New Yorkers today,
24 Mr. President. But it is estimated by the
25 federal government that within five years it
901
1 could move up to around 800,000 New Yorkers who
2 will be negatively impacted because they will not
3 have access to NEXUS and Global Entry programs.
4 Now, why would the federal
5 government do that? Some would have us believe
6 it was a political vendetta. The truth is it was
7 no more of a political vendetta than this
8 legislation itself. This was a direct
9 response -- which was warned about on this floor,
10 that the federal government would take measures
11 to mitigate risk because we left them blind with
12 their lack of access to information. Information
13 which, I may add, includes sharing information
14 with DHS, who's involved with counterterrorism.
15 They no longer have access to this
16 information. People who investigate human
17 traffickers no longer have access to this
18 database.
19 So we're not just talking about
20 somebody who's going into an orchard and picking
21 up folks who have violated our federal
22 immigration law -- which is still a violation and
23 a crime -- but also going after people who are
24 involved in drug smuggling, human trafficking.
25 For all of those reasons we have
902
1 left New Yorkers less safe, and now we have
2 negatively impacted Western New York's economy
3 and New York State's economy, because there are a
4 number of business travelers for economic reasons
5 who are part of these programs who now this will
6 impact goods and services going across the
7 border.
8 That has a negative impact
9 economically, and it impacts business owners and
10 taxpayers and law-abiding everyday New Yorkers
11 and American citizens, at the expense of those
12 who have violated our immigration Laws.
13 So, Mr. President, I would ask you
14 to reconsider. And I would ask my colleagues
15 across the aisle, especially those who voted
16 against this legislation last year, to stand with
17 me and my colleagues on this side of the aisle in
18 supporting this amendment to repeal this
19 dangerous and flawed policy.
20 Thank you very much.
21 ACTING PRESIDENT BENJAMIN: Thank
22 you, Senator Ortt.
23 I want to remind the house that the
24 vote is on the procedures of the house and the
25 ruling of the chair.
903
1 Those in favor of overruling the
2 chair signify by saying aye.
3 (Response of "Aye.")
4 SENATOR GRIFFO: Can I have a show
5 of hands.
6 ACTING PRESIDENT BENJAMIN: A show
7 of hands has been requested and so ordered.
8 (Show of hands.)
9 THE SECRETARY: Ayes, 20.
10 ACTING PRESIDENT BENJAMIN: The
11 ruling of the chair stands, and the bill-in-chief
12 is before the house.
13 Are there any other Senators wishing
14 to be heard? Seeing and hearing none, debate is
15 closed.
16 The Secretary will ring the bell.
17 (Pause.)
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:
904
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 142, those Senators voting in the
4 negative are Senators Amedore, Borrello,
5 Gallivan, Griffo, Helming, Jacobs, Jordan,
6 Little, Ortt, Ranzenhofer and Seward.
7 Ayes, 49. Nays, 11.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 Senator Gianaris, that completes the
11 reading of the controversial calendar.
12 SENATOR GIANARIS: Is there any
13 further business at the desk?
14 ACTING PRESIDENT BENJAMIN: There
15 is no further business at the desk.
16 SENATOR GIANARIS: I move to
17 adjourn until tomorrow, Wednesday, February 26th,
18 at 3:00 p.m.
19 ACTING PRESIDENT BENJAMIN: On
20 motion, the Senate stands adjourned until
21 Wednesday, February 26th, at 3:00 p.m.
22 (Whereupon, at 3:57 p.m., the Senate
23 adjourned.)
24
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