Regular Session - February 8, 2022
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 8, 2022
11 3:23 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Monday,
16 February 7, 2022, the Senate met pursuant to
17 adjournment. The Journal of Sunday, February 6,
18 2022, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Rivera
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1 moves to discharge, from the Committee on Health,
2 Assembly Bill Number 299B and substitute it for
3 the identical Senate Bill 1578B, Third Reading
4 Calendar 113.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 THE SECRETARY: Senator Kaplan
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 8764 and substitute it for
10 the identical Senate Bill 7842, Third Reading
11 Calendar 294.
12 ACTING PRESIDENT MAYER: So
13 ordered.
14 THE SECRETARY: Senator Kennedy
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 8770 and substitute it for
17 the identical Senate Bill 7887, Third Reading
18 Calendar 301.
19 ACTING PRESIDENT MAYER: So
20 ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 Senator Gianaris.
3 SENATOR GIANARIS: Madam President,
4 on behalf of Senator Sanders, on page 11 I offer
5 the following amendments to Calendar Number 112,
6 Senate Print 1374, and ask that said bill retain
7 its place on Third Reading Calendar.
8 ACTING PRESIDENT MAYER: The
9 amendments have been received, and the bill will
10 retain its place on the Third Reading Calendar.
11 SENATOR GIANARIS: Can we now adopt
12 the Resolution Calendar, with the exception of
13 Resolution 1788.
14 ACTING PRESIDENT MAYER: All those
15 in favor of adopting the Resolution Calendar,
16 with the exception of Resolution 1788, please
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT MAYER: Opposed,
20 nay.
21 (No response.)
22 ACTING PRESIDENT MAYER: The
23 Resolution Calendar is adopted.
24 Senator Gianaris.
25 SENATOR GIANARIS: Okay, at this
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1 time -- we'll return to motions and resolutions
2 shortly, but for now can we please take up the
3 reading of the calendar.
4 ACTING PRESIDENT MAYER: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 113, Assembly Print Number 299B, by
8 Assemblymember Gottfried, an act to amend the
9 Social Services Law.
10 ACTING PRESIDENT MAYER: Read the
11 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 MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Senator
19 Mannion to explain his vote.
20 SENATOR MANNION: Thank you,
21 Madam President.
22 I'd like to thank Senator Gustavo
23 Rivera for bringing this bill to the floor. And
24 it relates to a therapy that is very important to
25 me and my family, and it relates to Medicaid
745
1 coverage.
2 So if someone has diabetes and they
3 need testing or an insulin pump, that's going to
4 be covered. If someone has glaucoma and they
5 need surgery or eyedrops, that would be covered.
6 But when it comes to other certain let's say
7 conditions, like ADHD, autism, traumatic brain
8 injury or disruptive behaviors, these things,
9 certain therapies such as applied behavioral
10 analysis may not be covered.
11 We keep saying that mental health
12 and behavioral health is health. Then we should
13 be true to it, and we should make sure there's
14 not disparity in the coverage.
15 Applied behavioral analysis is often
16 used with children with autism. And it is not
17 for every child, but with some children it's
18 highly effective. And what happens and what it
19 shows is that children who receive this therapy,
20 it shows that they're capable of learning. It
21 helps them complete simple and complex tasks. It
22 helps reinforce positive behaviors, and often
23 that reinforcement is by the parents at home.
24 I'm trained in applied behavioral
25 analysis using discrete trials and appropriate
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1 reinforcements. Being trained in ABA made me a
2 better parent to all of my children, and I got to
3 see the positive benefits of ABA therapy as a
4 parent, a teacher, and a Senator.
5 Covering this therapy undoubtedly
6 saves the state and the federal government money
7 in the long run, and that's why it's so important
8 that this behavior is covered by Medicaid.
9 I wish to reference the New York
10 State Department of Health's Reference Guide for
11 Children with Autism. There's a number of
12 therapies that are listed in that reference
13 guide. And many of them, as a recommendation,
14 state that it cannot be recommended because of no
15 adequate evidence to support the therapy.
16 But when it comes to applied
17 behavioral analysis, what the reference guide
18 says is that it is recommended that principles of
19 applied behavioral analysis and behavior
20 intervention strategies be included as important
21 elements in any intervention program for young
22 children with autism.
23 Therefore, I stand here in support
24 of this bill that this therapy should be covered.
25 It's essential to the children who need it and
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1 the families who have those children, and it
2 saves the state and the federal government money
3 in the long run.
4 Thank you, Madam President. I
5 proudly support this legislation.
6 ACTING PRESIDENT MAYER: Senator
7 Mannion to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 158, Assembly Print Number 8739, by
14 Assemblymember Hevesi, an act to amend the
15 Family Court Act.
16 SENATOR LANZA: Lay it aside.
17 ACTING PRESIDENT MAYER: The bill
18 is laid aside.
19 THE SECRETARY: Calendar Number
20 234, Senate Print 660, by Senator May, an act to
21 amend the Highway Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 120th day after it
748
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 234, those Senators voting in the
9 negative are Senators Lanza and Ortt.
10 Ayes, 61. Nays, 2.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 243, Senate Print 334A, by Senator Myrie, an act
15 to amend the Mental Hygiene Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
749
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 251, Senate Print 5304A, by Senator
5 Reichlin-Melnick, an act to amend the
6 State Finance Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 251, those Senators voting in the
18 negative are Senators Ortt and Palumbo.
19 Ayes, 61. Nays, 2.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 294, Assembly Print Number 8764, by
24 Assemblymember Rosenthal, an act to amend a
25 chapter of the Laws of 2021.
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1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the same date and in the
5 same manner as a chapter of the Laws of 2021.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 301, Assembly Print Number 8770, by
16 Assemblymember Clark, an act to amend the
17 Executive Law and the Public Authorities Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
751
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 309, Senate Print 4207, by Senator Addabbo, an
7 act to amend the Mental Hygiene Law and the
8 Racing, Pari-Mutuel Wagering and Breeding Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 315, Senate Print 7852, by Senator Addabbo, an
24 act to amend the Racing, Pari-Mutuel Wagering and
25 Breeding Law.
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1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 319, Senate Print 720, by Senator Hoylman, an act
15 to amend the Estates, Powers and Trusts Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: Ayes, 63.
753
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 325, Senate Print 235A, by Senator Mayer, an act
5 to amend the General Municipal Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 329, Senate Print 4610, by Senator Comrie, an act
21 to amend the Public Authorities Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
754
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 368, Senate Print 1477A, by Senator Krueger, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar Number 368, voting in the negative:
23 Senator Salazar.
24 Ayes, 62. Nays, 1.
25 ACTING PRESIDENT MAYER: The bill
755
1 is passed.
2 THE SECRETARY: Calendar Number
3 399, Senate Print 1137, by Senator Liu, an act to
4 amend the Education Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 400, Senate Print 1407A, by Senator Parker, an
19 act to amend the Education Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect December 1, 2022.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
756
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 Senator Gianaris, that completes the
8 reading of today's calendar.
9 SENATOR GIANARIS: Can we now take
10 up the controversial calendar, please.
11 ACTING PRESIDENT MAYER: The
12 Secretary will ring the bell.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 158, Assembly Print Number 8739, by
16 Assemblymember Hevesi, an act to amend the
17 Family Court Act.
18 ACTING PRESIDENT MAYER: Senator
19 Lanza.
20 SENATOR LANZA: Madam President, I
21 believe there is an amendment at the desk. I
22 waive the reading of that amendment and ask that
23 you recognize Senator Helming to be heard.
24 ACTING PRESIDENT MAYER: Thank you,
25 Senator Lanza.
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1 Upon review of the amendment, in
2 accordance with Rule 6, Section 4B, I rule it
3 nongermane and out of order at this time.
4 SENATOR LANZA: Accordingly,
5 Madam President, I appeal the ruling of the chair
6 and ask that Senator Helming be recognized.
7 ACTING PRESIDENT MAYER: The appeal
8 has been made and recognized, and Senator Helming
9 may be heard.
10 SENATOR HELMING: Thank you,
11 Madam President.
12 We appeal the ruling of the chair
13 because the proposed amendment is clearly germane
14 to Senate Bill 7789 because it, like the bill at
15 hand, Senate Bill 7789, makes changes to the
16 Raise the Age legislation.
17 Currently the law allows a case to
18 stay in criminal court when a minor displays a
19 firearm in furtherance of a violent felony. This
20 amendment that's before you would close a
21 loophole that currently exists that allows minors
22 charged with felony possession of a weapon to
23 have their case handled as juvenile delinquents
24 in Family Court.
25 More specifically, Raise the Age
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1 passed with bipartisan support in 2017. This was
2 an important and transformative piece of
3 legislation. It ensured that only the most
4 dangerous minors who commit violent crimes would
5 be prosecuted in criminal court. I think we can
6 probably all agree this law has led to more just
7 and appropriate outcomes for nonviolent 16- and
8 17-year-olds who get arrested.
9 But now that we've had this system
10 in place for four years, we have the ability to
11 see where there are opportunities to make
12 improvements to help ensure the safety of all
13 New Yorkers.
14 Under the current system, a 16- or
15 17-year-old arrested for a violent felony that
16 involves the possession of a firearm will only
17 remain in youth part of criminal court if the
18 youth displays the firearm, causes substantial
19 physical injury, or if there are extraordinary
20 circumstances justifying criminal prosecution.
21 Otherwise the case is removed to Family Court and
22 handled as a juvenile delinquency case.
23 The extraordinary circumstances
24 requirement is incredibly difficult to meet. For
25 instance, minors arrested for the Class C violent
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1 felony of criminal possession of a weapon in the
2 second degree because they are illegally
3 possessing a loaded firearm cannot meet that
4 threshold. This means those cases will be
5 handled in Family Court without any chance of
6 criminal consequences. This is a loophole that
7 jeopardizes public safety, and it's a
8 loophole that we need to close.
9 With growing crime rates,
10 particularly among violent and gun-related
11 crimes, it makes sense to reform Raise the Age
12 legislation by amending the current laws to allow
13 a case to stay in youth part where the minor is
14 accused of possessing a firearm. This is a
15 tremendous improvement over the current law,
16 which requires that the minor actually display a
17 firearm.
18 Now, the Majority members of this
19 chamber seem to refuse to acknowledge that the
20 changes to the criminal justice programs passed
21 during the last couple of years -- those
22 programs, we know them well. Cashless bail,
23 limiting judicial discretion, less is more parole
24 changes, and the HALT Act have created an
25 environment where criminals are emboldened, and
760
1 they're empowered, and New Yorkers across the
2 state feel less safe. Members of our Republican
3 Minority Conference are proposing real reforms
4 like this amendment that's before this body right
5 now.
6 We're also willing to support and
7 propose tweaks to the legislation that the Senate
8 Democrats were instrumental in passing if it will
9 reduce violent crime and keep New Yorkers safe.
10 It's worth noting, Madam President,
11 that this amendment that is before this chamber
12 right now has been proposed by law enforcement
13 officials as well as New York City Mayor Eric
14 Adams.
15 For these reasons, Madam President,
16 I strongly urge you to reconsider your ruling.
17 And I encourage all of my colleagues in this
18 chamber to vote in favor of this amendment.
19 Thank you.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator.
22 I want to remind the house that the
23 vote is on the procedures of the house and the
24 ruling of the chair.
25 Those in favor of overruling the
761
1 chair, signify by saying aye.
2 SENATOR LANZA: Request a show of
3 hands.
4 SENATOR GIANARIS: Madam President,
5 we've agreed to waive the showing of hands and
6 record each member of the Minority in the
7 affirmative.
8 ACTING PRESIDENT MAYER: Without
9 objection, so ordered.
10 Announce the results.
11 THE SECRETARY: Ayes, 20.
12 ACTING PRESIDENT MAYER: The ruling
13 of the chair stands, and the bill-in-chief is
14 before the house.
15 Senator Palumbo, why do you rise?
16 SENATOR PALUMBO: Thank you,
17 Madam President. Will the sponsor yield for a
18 few questions, please.
19 ACTING PRESIDENT MAYER: Senator,
20 will you answer a few questions, please?
21 SENATOR BAILEY: Most certainly.
22 ACTING PRESIDENT MAYER: The
23 Senator yields.
24 SENATOR PALUMBO: Thank you.
25 Chairman, how are you?
762
1 SENATOR BAILEY: Very well.
2 SENATOR PALUMBO: Could you just
3 tell us generally why these technical amendments
4 were needed on the bill that -- the bill in
5 chief?
6 SENATOR BAILEY: Certainly.
7 So through you, Madam President, the
8 technical changes were made to align themselves
9 with a number of other changes made to -- with
10 other legislative bills, and to essentially make
11 technical cleanup and changes, again, that
12 comport themselves with other pieces of
13 legislation that were passed in this past
14 legislative session.
15 SENATOR PALUMBO: Will the sponsor
16 yield?
17 SENATOR BAILEY: Absolutely.
18 ACTING PRESIDENT MAYER: The
19 sponsor yields.
20 SENATOR PALUMBO: Thank you,
21 Senator.
22 So in that regard, regarding the
23 overall Raise the Age program, my understanding
24 was there was about $800 million, when this was
25 implemented in 2018, for the program to create
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1 the services that would be available for the
2 eligible offenders, and only about 270 million of
3 that has been spent so far.
4 Are you aware of those numbers?
5 SENATOR BAILEY: Through you,
6 Madam President, I am not certain about the
7 numbers.
8 I will say, to the comments that
9 Senator Helming made, the intention of the
10 original Raise the Age legislation was, as she
11 indicated, to make sure that younger individuals
12 were treated differently based upon the offenses
13 that they committed.
14 SENATOR PALUMBO: Will the sponsor
15 yield.
16 ACTING PRESIDENT MAYER: Do you
17 continue to yield?
18 SENATOR BAILEY: Absolutely.
19 ACTING PRESIDENT MAYER: The
20 Senator yields.
21 SENATOR PALUMBO: Thank you,
22 Senator.
23 And in that regard, regarding some
24 numbers and the effectiveness of Raise the Age --
25 the program bill itself, the New York City
764
1 Criminal Justice Agency provided some numbers
2 just for New York City. That the reoffending
3 rates for particular crimes and types of crimes
4 from before the Raise the Age was implemented to
5 after, one year after, the re-offense rate was up
6 37 percent for felony arrests of individuals that
7 fit in this class, and violent felony arrests
8 were up 53 percent.
9 So are you aware of those numbers,
10 sir?
11 SENATOR BAILEY: Through you,
12 Madam President, I would just -- as far as those
13 numbers go, we can get to that in a second.
14 But I want to remind the Senator
15 that the legislation, the underlying legislation,
16 raised the lower age. It was not the Raise the
17 Age legislation. The underlying legislation
18 raised the lower age from 7 to 12 years old, as
19 opposed to the legislation that was passed in
20 2017.
21 SENATOR PALUMBO: Does the sponsor
22 yield?
23 SENATOR BAILEY: The sponsor
24 yields. Sorry. Through you, Madam President,
25 yes, I yield.
765
1 SENATOR PALUMBO: So I thought that
2 this amendment also applied to -- 7171 was the
3 Senate bill that also applied or made some
4 changes with respect to adjournments in
5 contemplation of dismissal. Is that accurate?
6 SENATOR BAILEY: Through you,
7 Madam President, the technical changes on this
8 chapter amendment do not make any such changes.
9 SENATOR PALUMBO: Would the sponsor
10 yield for just one more question, please.
11 ACTING PRESIDENT MAYER: Senator,
12 will you yield?
13 SENATOR BAILEY: Most certainly.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR PALUMBO: Do you know,
17 Senator, if there were any increases in housing
18 for secure facilities to ultimately house, since
19 the implementation of either this or the other
20 Raise the Age legislation, that -- if they were
21 expanded for the purposes of providing services
22 for the eligible individuals?
23 SENATOR BAILEY: Through you,
24 Madam President. The effective date of the
25 underlying bill has yet to come, so we -- so such
766
1 information has not yet been received.
2 SENATOR PALUMBO: Thank you,
3 Senator.
4 On the bill, please.
5 ACTING PRESIDENT MAYER: On the
6 bill.
7 SENATOR PALUMBO: Thank you,
8 Madam President.
9 And these were obviously some
10 amendments that were technical. And these are
11 made from time to time, of course, when we review
12 previous legislation.
13 In light of the numbers and the lack
14 of success that we've seen in the Raise the Age
15 legislation, we should be considering making much
16 more significant changes to the Raise the Age
17 statute and to all those programs.
18 And those numbers, as I indicated --
19 there was a recent story that reviewed not only
20 that New York City report from the Criminal
21 Justice Agency, but it also reviewed and spoke
22 with other district attorneys throughout the
23 state.
24 In Albany County -- many probation
25 departments, including Albany, they don't track
767
1 rearrests of juvenile offenders or adolescent
2 offenders. So those numbers are even higher. So
3 the programs that were supposed to have been
4 implemented for these individuals to get the
5 services that were the intent of this legislation
6 to reintegrate and rehabilitate these young
7 juvenile offenders, it's not working.
8 In fact, 270 million of 800 million,
9 in a recent report from a few weeks ago, has only
10 been spent.
11 So we need to get those programs
12 under -- obviously we've had COVID, we've had
13 some issues that are quite significant.
14 However, this program is steaming
15 full steam ahead, and we have a higher incidence
16 of gun crimes, we have a higher incidence of all
17 crimes, and we have a 53 percent increase in
18 rearrests. That's an increase. Not saying that
19 they weren't getting arrested and rearrested
20 prior to the 2018 Raise the Age legislation.
21 It's up. In just one year, those statistics from
22 2019 have that many more of these individuals
23 reoffending.
24 So the program is broken. And many
25 of that, or a lot of that is a result of the fact
768
1 that we have not funded it.
2 So we need to look alive here. We
3 need to do this and make sure that we get those
4 programs in place, we provide the services for
5 these individuals so they don't continue to
6 terrorize our communities.
7 And for those purposes,
8 Madam President, I'll be voting in the negative.
9 Thank you.
10 ACTING PRESIDENT MAYER: Thank you,
11 Senator Palumbo.
12 Are there any other Senators wishing
13 to be heard?
14 Seeing and hearing none, debate is
15 closed. The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 13. This
18 act shall take effect on the same date and in the
19 same manner as a chapter of the Laws of 2021.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
769
1 Calendar Number 158, those Senators voting in the
2 negative are Senators Akshar, Borrello, Boyle,
3 Brooks, Gallivan, Gaughran, Griffo, Helming,
4 Jordan, Lanza, Martucci, Oberacker, O'Mara, Ortt,
5 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
6 Weik.
7 Ayes, 42. Nays, 21.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 Senator Gianaris, that completes the
11 reading of the controversial calendar.
12 SENATOR GIANARIS: Madam President,
13 let's return to motions and resolutions and now
14 take up Resolution 1788, by Senator Gounardes,
15 read its title only, and recognize Senator
16 Gounardes.
17 ACTING PRESIDENT MAYER: Motions
18 and resolutions.
19 The Secretary will read.
20 THE SECRETARY: Senate Resolution
21 1788, by Senator Gounardes, memorializing
22 Governor Kathy Hochul to proclaim February 10,
23 2022, as Students with Disabilities Advocacy Day
24 in the State of New York.
25 ACTING PRESIDENT MAYER: Senator
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1 Gounardes on the resolution.
2 SENATOR GOUNARDES: Thank you,
3 Madam President.
4 I rise today in support of this
5 resolution to declare February 10th as Students
6 with Disabilities Advocacy Day.
7 We do this every year because we
8 know how important it is to set aside a date to
9 really focus on students who need that extra
10 level of support and resources so that they can
11 continue to thrive academically.
12 We know how impactful this pandemic
13 has been to all students everywhere. Every
14 single student should be taught to the best of
15 their ability, with no shortage of services or
16 resources. But we know that particularly
17 students who have disabilities, especially on our
18 college campuses, have been disproportionately
19 affected and impacted by the effects of this
20 pandemic -- the constant shift back and forth
21 between in-person and virtual learning, and not
22 having access to their on-campus resources.
23 We need to be removing the barriers
24 that exist that prevent reasonable accommodations
25 and support services that promote access and
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1 success for students with disabilities in higher
2 education.
3 And the population that we're
4 talking about servicing here is actually quite
5 large. Nearly 80,000 students, college-age
6 students in the State of New York attend New York
7 State degree-granting colleges and universities
8 and have some form of disability. SUNY alone
9 services about 40 percent of that population.
10 So we know that this community needs
11 dedicated resources and support services to allow
12 them to thrive academically. We declare this day
13 every year because it's a reminder to ourselves
14 just how important it is that we focus on these
15 students to give them every single tool available
16 to them.
17 And I'm incredibly hopeful that as
18 we continue the work of this legislative session
19 we can match our rhetoric today with this
20 resolution with the resources, with the
21 legislation, and with the funding necessary to be
22 able to be put them in a place where they can
23 thrive.
24 Thank you very much.
25 ACTING PRESIDENT MAYER: Thank you,
772
1 Senator Gounardes.
2 Senator Martucci on the resolution.
3 SENATOR MARTUCCI: Thank you,
4 Madam President.
5 I'm proud to rise today as the
6 ranking member of the Disabilities Committee and
7 want to thank Senator Gounardes for bringing this
8 important resolution to the floor to declare
9 February 10th as Students with Disabilities
10 Advocacy Day.
11 For many years -- decades, in
12 fact -- students with disabilities and their
13 needs were not at the forefront of public policy
14 or at the forefront of education. In fact, they
15 were marginalized and oftentimes completely
16 ignored.
17 Today we honor those pioneering
18 parents, those brave young people who changed all
19 of that. It's true today that New York has a
20 strong system of protections and programs for
21 kids with special needs. It's true that we now
22 have a collaborative process, with committees for
23 special education and a vibrant early
24 intervention system that I would like to see
25 continue to grow in this state.
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1 We've made a lot of progress. But
2 there's more work to do. And we can't ignore
3 those responsibilities in this budget, and I'm
4 confident that we won't.
5 It was and it is these parents and
6 students who come here to this chamber, who come
7 here to this building, who visit all of us in our
8 offices and who call us -- not only me and my
9 colleagues but our former colleagues who, through
10 their blood and sweat and tears, have made this
11 happen.
12 So it's more than just appropriate
13 that we pause and recognize these pioneers today;
14 it's necessary that we do that, in fact. Our
15 state is a better and stronger place because of
16 these advocates, and I'm proud that we're
17 honoring each and every one of them here today.
18 Madam President, I proudly support
19 this resolution and urge my colleagues to do the
20 same. Thank you.
21 ACTING PRESIDENT MAYER: The
22 question is on the resolution. All in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT MAYER: Opposed?
774
1 (No response.)
2 ACTING PRESIDENT MAYER: The
3 resolution is adopted.
4 Senator Gianaris.
5 SENATOR GIANARIS: Madam President,
6 at this time I believe there's a report of the
7 Finance Committee at the desk. Let's take that
8 up.
9 Before we do that, Madam President,
10 Senator Gounardes would like to open up that
11 resolution we just passed to cosponsorship.
12 ACTING PRESIDENT MAYER: 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: And now let's
18 take up the report of the Finance Committee.
19 ACTING PRESIDENT MAYER: The
20 Secretary will read.
21 THE SECRETARY: Senator Krueger,
22 from the Committee on Finance, reports the
23 following nominations.
24 As Commissioner of the Division of
25 Criminal Justice Services: Rossana Rosado.
775
1 ACTING PRESIDENT MAYER: Senator
2 Gianaris.
3 SENATOR GIANARIS: Madam President,
4 I move the nomination of Rossana Rosado to the
5 position of Commissioner of the Division of
6 Criminal Justice Services.
7 ACTING PRESIDENT MAYER: The
8 question is on the nomination.
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to the
14 nomination of Rossana Rosado as Commissioner of
15 the Division of Criminal Justice Services, those
16 Senators voting in the negative are
17 Senators Borrello, Griffo, Jordan, Lanza,
18 Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath,
19 Ritchie, Serino, Stec, Tedisco and Weik.
20 ACTING PRESIDENT MAYER: The
21 nominee is confirmed.
22 The Secretary will continue to read.
23 THE SECRETARY: As Commissioner of
24 the Office of General Services: Jeanette Moy.
25 ACTING PRESIDENT BAILEY: Senator
776
1 Gianaris.
2 SENATOR GIANARIS: Mr. President, I
3 move the nomination of Jeanette Moy to the
4 position of Commissioner of the Office of General
5 Services.
6 ACTING PRESIDENT BAILEY: The
7 question is on the nomination.
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT BAILEY: The
14 nominee is confirmed.
15 The Secretary will continue to read.
16 THE SECRETARY: As Commissioner of
17 the Division of Human Rights: Maria Imperial.
18 ACTING PRESIDENT BAILEY: Senator
19 Gianaris.
20 SENATOR GIANARIS: Mr. President, I
21 move the nomination of Maria Imperial to the
22 position of Commissioner of the Division of
23 Human Rights.
24 Please recognize any Senator wishing
25 to speak.
777
1 ACTING PRESIDENT BAILEY: Senator
2 Mayer on the nomination.
3 SENATOR MAYER: Thank you,
4 Mr. President.
5 I rise to speak in favor of the
6 nomination of Maria Imperial to be commissioner
7 of the Division of Human Rights.
8 Ms. Imperial, who is a constituent
9 of mine -- but, more important, a true leader in
10 our community for the last long period of time,
11 as the chief executive officer of the YWCA of
12 White Plains and Central Westchester since
13 2007 -- has been a courageous leader who has led
14 by consensus and by insight into the issues and
15 challenges that affect women, children and the
16 issues of racism.
17 Ms. Imperial, through tumultuous
18 times in our community, has exerted her
19 leadership, steady hand and commitment to
20 justice. And I am very confident that as the
21 commissioner of the Division of Human Rights she
22 will create -- recreate an agency that was
23 intended to protect every New Yorker from any
24 allegations or indications of unlawful behavior
25 dealing with human rights and civil rights.
778
1 This is an agency of incredible
2 importance, and we need it to be invigorated and
3 strengthened. And I am very confident that under
4 Maria Imperial's leadership and her record -- a
5 distinguished record, including a graduate of
6 Harvard Law School, an MPA from the NYU Wagner
7 Graduate School of Public Service, and her
8 undergraduate degree from Harvard College -- she
9 has the credentials, the experience, the
10 demeanor, the good judgment and the character to
11 be an exceptional leader. And I look forward to
12 seeing her serve and serve with distinction.
13 I support her nomination, and I hope
14 everyone will do the same.
15 Thank you, Mr. President.
16 ACTING PRESIDENT BAILEY: Senator
17 Mayer to be recorded in the affirmative on the
18 nomination.
19 The question is on the nomination.
20 Call the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BAILEY: Announce
23 the results.
24 THE SECRETARY: In relation to the
25 nomination of Maria Imperial as commissioner of
779
1 the Division of Human Rights, those Senators
2 voting in the negative are Senators Borrello,
3 Griffo, Martucci, Oberacker, O'Mara, Ortt,
4 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
5 Weik.
6 ACTING PRESIDENT BAILEY: The
7 nominee is confirmed.
8 Senator Gianaris.
9 SENATOR GIANARIS: Is there any
10 further business at the desk, Mr. President?
11 ACTING PRESIDENT BAILEY: There is
12 no further business at the desk.
13 SENATOR GIANARIS: I move to
14 adjourn until tomorrow, Wednesday, February 9th,
15 at 11:00 a.m.
16 ACTING PRESIDENT BAILEY: On
17 motion, the Senate stands adjourned until
18 Wednesday, February 9th, at 11:00 a.m.
19 (Whereupon, at 3:56 p.m., the Senate
20 adjourned.)
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