Regular Session - January 17, 2023

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 17, 2023

11                      4:10 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

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25  


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 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   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 PERSAUD:   The 

14    reading of the Journal.

15                 THE SECRETARY:   In Senate, Sunday, 

16    January 15, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, 

18    January 14, 2023, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


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 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good afternoon, 

 7    Madam President.  

 8                 There is a privileged resolution at 

 9    the desk.  Please take that up, read it in its 

10    entirety, and recognize Leader Stewart-Cousins on 

11    the resolution.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Secretary will read.

14                 THE SECRETARY:   Senate Resolution 

15    274, by Senator Stewart-Cousins, commemorating 

16    the observance of the 38th Annual Martin Luther 

17    King, Jr., Day in the State of New York, on 

18    January 16, 2023.

19                 "WHEREAS, From time to time we take 

20    note of certain individuals whom we wish to 

21    recognize for their valued contributions and to 

22    publicly acknowledge their endeavors which have 

23    enhanced the basic humanity among us all; and 

24                 "WHEREAS, Attendant to such concern, 

25    and in full accord with its long-standing 


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 1    traditions, it is the custom of this 

 2    Legislative Body to join the people of this great 

 3    Empire State in proudly observing the 38th Annual 

 4    Martin Luther King, Jr., Day in the State of 

 5    New York, on January 16, 2023, taking note of his 

 6    many accomplishments and contributions to 

 7    mankind; and 

 8                 "WHEREAS, Dr. Martin Luther King, 

 9    Jr., was born the grandson of a slave into a 

10    segregated society in Atlanta, Georgia, on  

11    January 15, 1929, and was instrumental in 

12    formulating a policy which ultimately destroyed 

13    legal apartheid in the southern states of our 

14    nation; and 

15                 "WHEREAS, In February of 1968, 

16    Dr. Martin Luther King, Jr., spoke about the 

17    inevitability of his death and hoped that when we 

18    spoke of his life, we would not concentrate on 

19    his academic achievements: that he graduated from 

20    Morehouse College, that he attended the Crozer 

21    Theological Seminary and Boston University, where 

22    he earned a doctorate in systematic theology; and 

23                 "WHEREAS, After returning from 

24    Crozer, Dr. Martin Luther King, Jr., delivered 

25    his first sermon at Ebenezer Baptist Church in 


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 1    Atlanta and became the church's co-pastor with 

 2    his father; and 

 3                 "WHEREAS, Dr. Martin Luther King, 

 4    Jr., a truly humble man, also did not find it 

 5    important that we mention that he won the 

 6    Nobel Peace Prize and over 300 other awards; and 

 7                 "WHEREAS, Dr. Martin Luther King,  

 8    Jr.'s  finest legacy of greater social justice 

 9    for all Americans was truly reflected in his 

10    devotion to serve and respect others, and in his 

11    steadfast love for all humanity; and 

12                 "WHEREAS, Standing in a long line of 

13    great American black leaders, Dr. Martin Luther 

14    King, Jr., represents the historical culmination  

15    and the living embodiment of a spirit of united 

16    purpose rooted in Black African culture and the 

17    American Dream; and 

18                 "WHEREAS, An apostle of peace, 

19    Dr. Martin Luther King, Jr., fought unrelentingly  

20    for the civil rights of all Americans and taught 

21    us that, through nonviolence, courage displaces 

22    fear, love transforms hate, acceptance dissipates 

23    prejudice, and mutual regard cancels enmity; and 

24                 "WHEREAS, Dr. Martin Luther King, 

25    Jr., manifestly contributed to the cause of 


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 1    America's freedom, and his commitment to human 

 2    dignity is visibly mirrored in the spiritual, 

 3    economic and political dimensions of the civil 

 4    rights movement; and 

 5                 "WHEREAS, In addition, Dr. Martin 

 6    Luther King, Jr.'s life was devoted to the 

 7    liberation of his people, and his courage 

 8    transcended the advocates of mindless 

 9    retrenchment; and 

10                 "WHEREAS, It is the sense of this 

11    Legislative Body that the common and shared 

12    responsibility of governance demands an 

13    irrevocable commitment to the preservation and 

14    enhancement of human dignity as exemplified by 

15    Dr. Martin Luther King, Jr.; and 

16                 "WHEREAS, Upon the occasion of the 

17    celebration of the birthday of Dr. Martin Luther 

18    King, Jr., it is the practice of this Legislative 

19    Body to commemorate the heroic efforts of 

20    Dr. King, who loved and served humanity, and who 

21    was a drum major for peace, justice and 

22    righteousness; and 

23                 "WHEREAS, The 2023 Dr. Martin Luther 

24    King, Jr., holiday observance marks the 

25    94th anniversary of his birth, and the 


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 1    38th annual holiday celebrated in the State of 

 2    New York in his honor; now, therefore, be it 

 3                 "RESOLVED, That this Legislative 

 4    Body pause in its deliberations to memorialize 

 5    and pay tribute to the legendary life and 

 6    achievements of Dr. Martin Luther King, Jr., upon 

 7    the occasion of the anniversary of his birth and 

 8    the celebration of Martin Luther King, Jr., Day 

 9    in the State of New York and throughout the 

10    nation; and be it further 

11                 "RESOLVED, That a copy of this 

12    resolution, suitably engrossed, be transmitted to 

13    the Black, Puerto Rican, Hispanic and Asian  

14    Legislative Caucus."

15                 ACTING PRESIDENT PERSAUD:   Leader 

16    Stewart-Cousins on the resolution.

17                 SENATOR STEWART-COUSINS:   Thank 

18    you, Madam President.  

19                 I always look forward to this 

20    weekend as kind of a reset, I think for all of 

21    us, in terms of how we manage to sit in this 

22    amazing place doing the things that Dr. King 

23    quite honestly could only dream of.  It's a 

24    holiday of enduring hope.  

25                 As we commemorate the 


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 1    40th anniversary of the King Holiday being signed 

 2    into law by President Reagan in 1983, let's not 

 3    forget that when the idea of this day was brought 

 4    to the floor of the House of Representatives, 

 5    only two other individuals had federal holidays 

 6    reserved for them:  George Washington and 

 7    Christopher Columbus.

 8                 It took more than a decade after 

 9    Dr. King's death in 1968 for lawmakers to 

10    appreciate the fabric-changing nature of his 

11    life.  But it still wasn't until 2000 that all 

12    50 states in the nation celebrated M.L. King Day.  

13    And still he stands alone as having the only 

14    federal holiday designated for a Black person.

15                 The fight to recognize Dr. Martin 

16    Luther King, Jr., Day serves as an important 

17    reminder that change never comes easily and 

18    progress itself is often contested.  Although 

19    we've made tremendous gains in the fight that 

20    Dr. King championed, we must always remember the 

21    immortal saying "The past is never dead even if 

22    it's passed."

23                 Today we continue to reckon with the 

24    systemic hardships and deeply rooted injustices 

25    that still impact Americans throughout our state 


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 1    and our nation.  We remain committed to advancing 

 2    in these chambers legislation that helps every 

 3    individual gain a foot on the ladder, while 

 4    undoing policies which kept them off the ladder 

 5    in the first place.

 6                 We will model grace and integrity in 

 7    our positions and bear in mind that the good 

 8    fight is often a difficult one and it's often a 

 9    lonely one.  

10                 It's worth remembering that Dr. King 

11    himself wasn't really popular as he waged this 

12    battle.  We remember his legacy with great 

13    endearment now, but just two years before his 

14    murder, two-thirds of Americans disagreed with 

15    his message.

16                 But he didn't embark on the mission 

17    because it was easy, he did it because it was 

18    right.  Whether it be championing the beliefs 

19    that we are all indeed created equal, rooting out 

20    our racist laws and policies, marching with 

21    leaders and activists in the face of brutality, 

22    standing with brothers and sisters everywhere, 

23    including those in labor, offering dignity to the 

24    many victims of the fight, Dr. King remained 

25    steadfast in his principles.  


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 1                 To be only 39 years old and endowed 

 2    with such courage -- not only to stand up to 

 3    centuries of codified violence, but to do so with 

 4    the whole nation against you -- exemplifies a 

 5    labor of bravery that is so few and far between.

 6                 When I look at certainly my 

 7    conference, and I see so many firsts of their 

 8    kind, including the youngest Senators, people who 

 9    I have to tell that Stevie Wonder's birthday 

10    anthem is really about Dr. King -- 

11                 (Laughter.)

12                 SENATOR STEWART-COUSINS:   How many 

13    people knew that?  Did you know that?  Yes, I 

14    mean, like they just think it's like the Black 

15    Happy Birthday song.  No.  

16                 (Laughter.)

17                 SENATOR STEWART-COUSINS:   It really 

18    was, because they were trying to -- Steve wanted 

19    to push the issue about Dr. King deserving a 

20    birthday.

21                 But this -- this amazing, this 

22    amazing group of people embodies the vigor and 

23    the desire to not only fulfill the dream, but to 

24    take action in those spaces where injustice has 

25    so long resided.  


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 1                 It's a pressing reminder that we 

 2    don't do this work because it's easy.  We don't 

 3    take these battles head-on because we think other 

 4    people will join us.  We do it because it's the 

 5    right thing to do.  And in a generation's time, 

 6    when our grandchildren receive the world that we 

 7    made for them, we must leave it better for them 

 8    than the way we found it.

 9                 That's exactly what Dr. King did.  

10    He fought for justice not only in the moment, but 

11    for the dignity and well-being of the future 

12    Americans.  We live today in the wake of his 

13    dream, and again, we're better for it.  

14                 But obviously there's still more 

15    work to do, and we can't expect that doing things 

16    exactly the way they've always been done will 

17    yield the necessary progress.  It takes bold, 

18    thoughtful action to change the powers that be 

19    and deliver greater equity, fairer 

20    representation, and true accountability for 

21    people.

22                 That's why, in the spirit of 

23    Dr. King, our legislative body often rebukes old 

24    systems that served maybe a privileged few 

25    instead of the deserving many.  We stand up to 


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 1    those who cloak themselves in false promises, 

 2    demand action over words from those with power to 

 3    make a difference.

 4                 Top of that agenda is continuing to 

 5    stand up for all the people, certainly working 

 6    people in New York, ensuring that our policies -- 

 7    our policies around unions, our policy around the 

 8    lowest-wage workers -- remain strong.

 9                 When we talk about the labor unions, 

10    Dr. King said the labor movement was the 

11    principal force that transformed misery and 

12    despair into hope and progress.  We cannot defend 

13    our basic humanity while large swaths of people 

14    are being pilfered.  I think of my own father, 

15    who after serving in the segregated Army during 

16    World War II -- I talk about him all the time:  

17    Purple Heart, Bronze Star.  When he came home 

18    after fighting on behalf of, you know, his 

19    nation, he was denied the opportunities that 

20    veterans who were his white counterparts had.  

21                 What made the difference for us, 

22    keeping a roof over our head after he'd served so 

23    valiantly, was by being able to join a union.  

24    Having that organized protection was the 

25    difference between a life of, you know, who knows 


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 1    what insecurity to a life of at least being able 

 2    to make sure that we had healthcare and food.  It 

 3    made a difference.

 4                 As elected leaders, we hold an 

 5    awesome responsibility to steer the ship in 

 6    accordance with the people's will.  It took our 

 7    state nearly 200 years to elect nonwhite men in 

 8    the highest levels of New York government.  And 

 9    yet Speaker Heastie, Governor Hochul, and myself 

10    still stand sort of unique and alone among U.S. 

11    states in our historic roles.

12                 I take my position here very 

13    seriously.  I know that it was made -- not in 

14    part, but in total -- by the people who came 

15    before me, including my parents.  Their great 

16    sacrifices -- those who gave up everything had 

17    nothing -- to move the needle just an inch.  

18    That's why in this office, leading the most 

19    diverse Senate conference in the history of our 

20    state, I'm committed to moving mountains for 

21    those who will come after us.

22                 As we gain momentum, we must 

23    continue extending a hand out to the margins of 

24    our community, to the people who too often get 

25    left behind in the winds of change.  We have to 


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 1    build coalitions on the ground who will rise up 

 2    through the ranks and assume their own rightful 

 3    place in power.  

 4                 We need good-faith actors, not 

 5    Trojan horses, who will fight for the best 

 6    interests of our communities and uphold the 

 7    values they were chosen by.  We need the right 

 8    people in the right places to make change happen 

 9    in perpetuity.

10                 Dr. King said it best himself, that 

11    "Human progress is neither automatic nor 

12    inevitable...  Every step towards the goal of 

13    justice requires sacrifice, suffering, and 

14    struggle; the tireless exertions and passionate 

15    concern of dedicated individuals."  That's who we 

16    are in this chamber.  That's what it takes to 

17    make change happen.

18                 I wish us all the tireless exertion, 

19    the passionate concern required in our 

20    legislative duties, and the courage to continue 

21    fighting for what's right over what's popular, as 

22    we build towards a more perfect New York and a 

23    more perfect union for us, for our children, and 

24    for our grandchildren, for the possibilities of 

25    really achieving the dream that Dr. King saw for 


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 1    each of us.

 2                 So Happy Post-King Day.  May we live 

 3    in that understanding of what his mission was for 

 4    this day and every day forward.

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Madam Leader.

 8                 (Applause.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Bailey on the resolution.

11                 SENATOR BAILEY:   Thank you, 

12    Madam President.  Although I don't know how you 

13    follow our leader.  Quite frankly, you don't, you 

14    just speak in your own steps.

15                 And because of the magnificent words 

16    that our leader said, sometimes when you speak 

17    and sometimes in the church, it comes to you and 

18    you've got to change direction.  So I'm just 

19    going to change direction a little bit and I'm 

20    going to begin with a Dr. King quote that "A 

21    genuine leader is not a searcher for consensus 

22    but a molder of consensus."  That is who we have 

23    in Andrea Stewart-Cousins.  Not just a searcher 

24    for consensus, a molder of consensus.  No matter 

25    what part of the state you may be from, no matter 


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 1    what your ideology may be, Leader Stewart-Cousins 

 2    hears what you have to say in a genuine and 

 3    earnest way.  That is the dream that Dr. King 

 4    wanted us to realize.

 5                 You see, I -- I've always had a 

 6    special relationship with this resolution because 

 7    it is the very first time that I spoke on the 

 8    floor as a freshman.  And I have not stopped 

 9    speaking since, Madam President.  

10                 (Laughter.)

11                 SENATOR BAILEY:   I am -- I am a 

12    little verbose from time to time.

13                 But it always strikes me as 

14    something worth celebrating.  

15                 The Book of James, too, tells us 

16    that faith without works is dead.  I come 

17    directly from the Book of James.  My grandfather 

18    James was born in 1929, the same year as 

19    Dr. King.  So I come from the Book of James, you 

20    see.  

21                 And the faith that Dr. King had was 

22    the same faith that my Teamster grandfather had.  

23    Speaking about that labor piece, that dignity, 

24    the March on Washington was the March on 

25    Washington for Jobs and Freedom, Madam President.  


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 1    That's what Dr. King was speaking about, economic 

 2    justice and empowerment as well.  

 3                 So this would have been his 

 4    94th birthday -- 94.  A long way away from the 

 5    age of 39 that he was taken from us.  And I 

 6    always marvel at that.  I think I reference it in 

 7    my speech every year, that as I got closer to 39, 

 8    I wonder what was I doing to level up to what 

 9    Dr. King -- and now that I'm on the other side of 

10    39, I look back and I see a Nobel Prize winner, I 

11    see a civil rights leader, I see an iconic figure 

12    at 39 years.  But what I've learned, having that 

13    4 in front of my age, Madam President, is that 

14    it's not about what I'm doing in relation to 

15    Dr. King, it's what am I doing with the message 

16    that Dr. King has given to us.  

17                 You know, my favorite Dr. King quote 

18    is "Life's most persistent and urgent question 

19    is, What are you doing for others?"  You know, 

20    and I see the world through the lens of my 

21    daughters.  And it's always amazing to see what 

22    they're learning in school now.  Giada's in third 

23    grade, for those of you who haven't heard about 

24    her in a while, Carina's in first grade.  

25                 And they're learning different 


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 1    things but they're becoming more rooted and 

 2    stronger in their convictions about what they're 

 3    seeing and how important Dr. King was.  It's no 

 4    longer about this is just some dude who we have a 

 5    day off about.  This was somebody who inspired my 

 6    dad, my family, inspires me.

 7                 You know, I realized something about 

 8    Dr. King this year, is that he is the greatest 

 9    example that I can think of, of a phrase called 

10    nominative determinism.  Your name determines 

11    your destiny.  Usain Bolt was born to be a track 

12    star, like he just had to be.  Martin Luther King 

13    was born to be a king of kings.  Nominative 

14    determinism.  He was sort of like a maestro, that 

15    drum major for justice that you heard of.  

16                 Speaking of music, there's a 

17    conversation that comes from -- in the hip-hop 

18    world we talking about sampling, right?  When you 

19    sample an original track, those of us who are 

20    fans of hip-hop, you've heard an original song 

21    and then you hear a different version of it 

22    afterwards, right?  That's sampling, right?  

23                 We all know about sampling.  It is 

24    technically the reuse of a portion of a sound 

25    recording in another recording.  That's the 


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 1    technical definition of it.  Right?  Jay-Z says, 

 2    "Yeah, I sampled your voice, you was using it 

 3    wrong.  You made it a hot line; I made it a hot 

 4    song."

 5                 So sometimes sampling doesn't always 

 6    work out.  What do I mean by that?  Don't sample 

 7    his voice, don't sample his message, don't sample 

 8    his quotes if you're not living -- if you're not 

 9    willing to live by it.  Don't quote him if you're 

10    not standing up for economic justice and civil 

11    rights and labor rights and voting rights and 

12    justice.  Don't quote him, don't use his voice 

13    wrong, because his hot line won't be your hot 

14    song.  I guarantee that, Madam President.

15                 You know, other sampled works last 

16    the test of generations.  Those of us who are 

17    hip-hop fans, we know that "Good Times" became 

18    "Rapper's Delight," "Footsteps in the Dark" 

19    became Ice Cube's "It Was a Good Day."  Dido's 

20    "Thank You" became "Stan" from Eminem.  The Isley 

21    Brothers -- too many hits -- "Between the Sheets" 

22    to "Big Poppa."  

23                 But my favorite sample of all time 

24    is a song from Tom Scott and the California 

25    Dreamers, called "Today."  It was sampled by 


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 1    Pete Rock & CL Smooth -- from "Money Earnin' 

 2    Mount Vernon," Madam President -- and their song 

 3    was "They Reminisce Over You."

 4                 We reminisce over the memory of 

 5    Dr. King.  We reminisce -- shall I say date 

 6    back -- 94 years ago, to keep it on track.

 7                 Now, the message that some critics 

 8    of sampling used to have was that nothing can 

 9    stand up to the original, Madam President.  And 

10    it -- it's okay.  But the original is the 

11    blueprint.  The original is the original 

12    greatness of these songs, of these people, of the 

13    culture.

14                 It's okay if you like the sample 

15    better, though.  Right?  Because it's your 

16    generation.  It's the ear that you listen from.  

17    It's the place that you grew up.  It's okay to 

18    like the sample better, but you have to know the 

19    original song.

20                 Now, it's important to clear a 

21    sample, right, by giving the original artist 

22    credit.  And by giving the original artist 

23    credit -- Dr. King -- we all owe him credit.  We 

24    would not be here if not for Reverend Dr. Martin 

25    Luther King, Jr., make no mistake about it.  From 


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 1    ASC to Z, from Heastie to Hakeem, we all live the 

 2    dream.  

 3                 You know, and I think about the 

 4    notion of sampling, right, and I think about how 

 5    generations to come will learn something 

 6    different about Dr. King each and every year as 

 7    they study, not just the works that he's -- not 

 8    just his public work, his theological work as 

 9    well.  Because as a reverend he was also a very 

10    deep thinker in the theological world.  He said 

11    that "Ten thousand fools proclaim themselves into 

12    obscurity, while one wise man forgets himself 

13    into immortality."  

14                 Now, we've all sampled that legacy 

15    of Dr. King, from quotes to speeches to political 

16    philosophy to even the vibration of his voice 

17    when we try to nail what he said.  But he's the 

18    original.  But it's okay to sample, 

19    Madam President.  His immortality was noted.  He 

20    was certainly a wise man, but never to be 

21    forgotten.  That's one thing that we will never 

22    forget, his legacy.  

23                 Now, to close, I've vacillated 

24    between my favorite speeches from Dr. King.  It 

25    was once "I Have A Dream," but "I've Been to the 


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 1    Mountaintop" is now my favorite Dr. King speech, 

 2    because it was more than just a speech.  It was 

 3    prescient, in that it eerily predicted his sad 

 4    but too-soon departure from this earth.  

 5                 "Well, I don't know what will happen 

 6    now.  We've got some difficult days ahead.  But 

 7    it doesn't matter with me now, because I've been 

 8    to the mountaintop.  And I don't mind.  Like 

 9    anybody, I would like to live a long life. 

10    Longevity has its place.  But I'm not concerned 

11    about that now.  I just want to do God's will.  

12    And He's allowed me to go up to the mountain.  

13    And I've looked over, and I've seen the promised 

14    land.  I may not get there with you.  But I want 

15    you to know tonight, that we, as a people, will 

16    get to the promised land.  And I'm happy, 

17    tonight.  I'm not worried about anything.  I'm 

18    not fearing any man.  Mine eyes have seen the 

19    glory of the coming of the Lord."

20                 If you're going to quote Dr. King, 

21    you don't have to quote that speech.  But live by 

22    that proverbial mountaintop that he went to and 

23    that he saw the good in each and every one of 

24    us -- from 63 districts around the state, to the 

25    50 states in the country, to billions of people 


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 1    around the world.

 2                 Madam President, God bless the 

 3    legacy of Reverend Dr. Martin Luther King, Jr. 

 4                 ACTING PRESIDENT PERSAUD:   Thank 

 5    you, Senator.

 6                 Senator Kennedy on the resolution.

 7                 SENATOR KENNEDY:   Thank you, 

 8    Madam President.

 9                 First of all, let me start by 

10    thanking our leader, Majority Leader 

11    Stewart-Cousins, for bringing this important 

12    resolution to the floor today as we honor 

13    Dr. King, his life, his legacy.  I want to thank 

14    her for her leadership and her words.

15                 I want to second the sentiment of 

16    our colleague Senator Bailey.  I want to thank 

17    Senator Bailey for those powerful words.  

18                 And there's no doubt in my mind that 

19    if Dr. King were here today, he would tell us how 

20    proud he is of the leadership of this conference, 

21    the history-maker that we have among us -- not 

22    just what she has brought to this conference, to 

23    this state, to this nation, but also how she has 

24    done it.  So thank you again.

25                 I also think Dr. King would be proud 


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 1    of so many in this auspicious chamber, including 

 2    my colleague Senator Bailey.  And I think 

 3    Dr. King would be perplexed on how I'm supposed 

 4    to follow Senator Bailey and Majority Leader 

 5    Stewart-Cousins after those incredible speeches.  

 6                 But I rise today to honor the legacy 

 7    of Dr. King.  As many of you know, it's been a 

 8    very difficult year in Buffalo and Western 

 9    New York.  On top of the pandemic, which was 

10    incredibly heavy in and of itself, we had a 

11    racist massacre on Jefferson Avenue in Buffalo 

12    that stole 10 lives from us.  We had two massive 

13    snowstorms that claimed dozens of lives.  We had 

14    a fire around the holidays that claimed the lives 

15    of five precious young children.  

16                 And it's felt like blow after blow 

17    upon our city and our community.  But we are 

18    resilient, and we are strong, and this is a new 

19    year and a fresh start.  And no matter what comes 

20    our way, 2022 was proof that we can and we will 

21    get through anything together.

22                 I firmly believe that because I've 

23    seen the way we as a community -- not just in 

24    Western New York, but our state and really our 

25    nation and the global community -- comes together 


                                                               347

 1    amid tragedy, amid our darkest hours.  We respond 

 2    when people are in need.

 3                 The Reverend Martin Luther King said 

 4    it best:  "Darkness cannot drive out darkness, 

 5    only light can do that.  Hate cannot drive out 

 6    hate, only love can do that."  And I know that 

 7    very light and love will carry us forward, 

 8    uplifting each other regardless of race, creed, 

 9    color, social class or gender identity.  

10                 Dr. King has inspired so many of us 

11    to serve others, to fight for fairness and 

12    justice, and to stand up for what's right.  His 

13    words and his actions were never about himself; 

14    they were always about improving the lives of 

15    others.  He never spoke a word or led a fight in 

16    pursuit of personal acclaim.  He only spoke and 

17    thought so that others -- so that our nation -- 

18    could have freedom, equality and peace.  It's an 

19    example we all seek to emulate, a path we must 

20    all follow.  

21                 As we reflect on Dr. King's life, we 

22    reflect on his vision for our nation, his vision 

23    of that promised land that Senator Bailey spoke 

24    about, that promised land of peace, of equality, 

25    of justice.  We reflect on the progress we've 


                                                               348

 1    made and the road we've traveled, and we see 

 2    clearly that there's much more work that remains 

 3    on a long road ahead.  

 4                 When so many of New York's children 

 5    are living in poverty and are struggling to excel 

 6    in school because they're too hungry to worry 

 7    about reading, writing and arithmetic, it's clear 

 8    we have more work to do.

 9                 When our incarceration rates surge 

10    and disproportionately impact people of color, 

11    it's clear we have more work to do.

12                 When income inequality grows, 

13    economic mobility falls, and the middle class 

14    loses its footing, it's clear we have more work 

15    to do.

16                 Working men and women of all colors 

17    and creeds deserve a level playing field.  They 

18    deserve a chance to improve the lot of their 

19    family, and they deserve a shot at the American 

20    dream.  It's with this clarity and commitment 

21    that we all must unite and renew our pursuit of 

22    the promised land that Dr. King had envisioned 

23    for our nation.

24                 And I leave you with a few lasting 

25    words from Dr. King:  "Our lives begin to end the 


                                                               349

 1    day we become silent about things that matter."  

 2    May we never be silent, and may we always have a 

 3    vision for better days.

 4                 Thank you, Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you, Senator.

 7                 The question is on the resolution.  

 8    All in favor signify by saying aye.

 9                 (Response of "Aye.")

10                 ACTING PRESIDENT PERSAUD:   Opposed, 

11    nay.

12                 (No response.)

13                 ACTING PRESIDENT PERSAUD:   The 

14    resolution is adopted.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Thank you, 

17    Madam President.  At the request of the leader, 

18    the resolution is open for cosponsorship.

19                 ACTING PRESIDENT PERSAUD:   The 

20    resolution is open for cosponsorship.  Should you 

21    choose not to be a cosponsor of the resolution, 

22    please notify the desk.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   There will be an 

25    immediate meeting of the Rules Committee in 


                                                               350

 1    Room 332.

 2                 ACTING PRESIDENT PERSAUD:   There 

 3    will be an immediate meeting of the 

 4    Rules Committee in Room 332.

 5                 The Senate will stand at ease.

 6                 (Whereupon, the Senate stood at ease 

 7    at 4:43 p.m.)

 8                 (Whereupon, the Senate reconvened at 

 9    4:56 p.m.) 

10                 ACTING PRESIDENT BAILEY:   The 

11    Senate will return to order. 

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Mr. President, 

14    there's a report of the Rules Committee at the 

15    desk.  Please take that up.

16                 ACTING PRESIDENT BAILEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   Senator  

19    Stewart-Cousins, from the Committee on Rules, 

20    reports the following bills:  

21                 Senate Print 136, by 

22    Senator Krueger, an act to amend the 

23    Election Law; 

24                 Senate Print 242, by Senator May -- 

25    excuse me.  


                                                               351

 1                 (Pause.)

 2                 THE SECRETARY:   Senate Print 101, 

 3    by Senator Ryan, an act to amend the Vehicle and 

 4    Traffic Law; 

 5                 Senate Print 177, by 

 6    Senator Gianaris, an act to amend the 

 7    Banking Law; 

 8                 Senate Print 492A, by 

 9    Senator Comrie, an act to amend the 

10    Public Authorities Law; 

11                 Senate Print 504, by Senator Rivera, 

12    an act to amend the Insurance Law; 

13                 Senate Print 564A, by 

14    Senator Kavanagh, an act to amend the 

15    Banking Law; 

16                 Senate Print 599, by 

17    Senator Salazar, an act to amend the 

18    Insurance Law; 

19                 Senate Print 604, by 

20    Senator Skoufis, an act to amend the 

21    Public Health Law; 

22                 Senate Print 608A, by 

23    Senator Salazar, an act to amend the 

24    General Business Law; 

25                 Senate Print 935, by 


                                                               352

 1    Senator Kennedy, an act to amend the 

 2    Real Property Tax Law; 

 3                 Senate Print 966, by Senator Rivera, 

 4    an act to amend the Elder Law; 

 5                 Senate Print 967, by Senator Ryan, 

 6    an act to amend the Real Property Tax Law; 

 7                 Senate Print 982, by Senator Brouk, 

 8    an act to amend the Education Law; 

 9                 Senate Print 1065, by Senator Mayer, 

10    an act to amend the Banking Law; 

11                 Senate Print 1144, by 

12    Senator Sanders, an act to amend the Banking Law;

13                 Senate Print 1242, by 

14    Senator Felder, an act to amend the Vehicle and 

15    Traffic Law;

16                 Senate Print 1267, by 

17    Senator Breslin, an act to amend the 

18    Insurance Law; 

19                 Senate Print 1317, by 

20    Senator Stewart-Cousins, an act to amend a 

21    chapter of the Laws of 2022; 

22                 Senate Print 1318, by 

23    Senator Breslin, an act to amend the 

24    Insurance Law; 

25                 Senate Print 1320, by 


                                                               353

 1    Senator Breslin, an act to amend the 

 2    General Business Law;

 3                 Senate Print 1321, by 

 4    Senator Rivera, an act to amend the Public 

 5    Health Law; 

 6                 Senate Print 1322, by 

 7    Senator Hoylman-Sigal, an act to amend the 

 8    Environmental Conservation Law; 

 9                 Senate Print 1323, by 

10    Senator Bailey, an act to amend the Elder Law; 

11                 Senate Print 1324, by 

12    Senator Krueger, an act to amend the Public 

13    Health Law;

14                 Senate Print 1325, by 

15    Senator Sanders, an act to amend the Penal Law; 

16                 Senate Print 1326, by Senator Ramos, 

17    an act to amend the Labor Law; 

18                 Senate Print 1327, by 

19    Senator Kavanagh, an act to amend the 

20    Election Law; 

21                 Senate Print 1328, by 

22    Senator Skoufis, an act to amend the 

23    Executive Law; 

24                 Senate Print 1329, by 

25    Senator Thomas, an act to amend the 


                                                               354

 1    General Business Law; 

 2                 Senate Print 1330, by 

 3    Senator Gounardes, an act to amend the 

 4    Insurance Law; 

 5                 Senate Print 1331, by 

 6    Senator Hoylman-Sigal, an act to amend the 

 7    Social Services Law; 

 8                 Senate Print 1332, by Senator May, 

 9    an act to amend the Real Property Actions and 

10    Proceedings Law; 

11                 Senate Print 1333, by 

12    Senator Comrie, an act to amend the 

13    Not-For-Profit Corporation Law; 

14                 Senate Print 1334, by 

15    Senator Cooney, an act to amend the Real Property 

16    Actions and Proceedings Law; 

17                 Senate Print 1335, by 

18    Senator Hoylman-Sigal, an act to amend the 

19    Real Property Law; 

20                 Senate Print 1336, by 

21    Senator Hoylman-Sigal, an act to amend a chapter 

22    of the Laws of 2022; 

23                 Senate Print 1337, by 

24    Senator Comrie, an act to amend the 

25    General Municipal Law; 


                                                               355

 1                 Senate Print 1338, by 

 2    Senator Comrie, an act to amend the 

 3    Administrative Code of the City of New York; 

 4                 Senate Print 1339, by 

 5    Senator Palumbo, an act to amend a chapter of the 

 6    Laws of 2022; 

 7                 Senate Print 1340, by Senator Brouk, 

 8    an act to amend the Environmental Conservation 

 9    Law; 

10                 Senate Print 1341, by Senator Ryan, 

11    an act to amend the Real Property Actions and 

12    Proceedings Law; 

13                 Senate Print 1342, by 

14    Senator Cleare, an act to amend the 

15    Social Services Law; 

16                 Senate Print 1343, by 

17    Senator Parker, an act to amend the State Finance 

18    Law; 

19                 Senate Print 1344, by 

20    Senator Parker, an act to amend the 

21    Public Service Law; 

22                 Senate Print 1345, by 

23    Senator Parker, an act to amend the Energy Law; 

24                 Senate Print 1346, by 

25    Senator Parker, an act to amend the State 


                                                               356

 1    Finance Law; 

 2                 Senate Print 1347, by 

 3    Senator Skoufis, an act to amend the 

 4    Executive Law; 

 5                 Senate Print 1348, by 

 6    Senator Rivera, an act to amend the 

 7    Social Services Law; 

 8                 Senate Print 1349, by 

 9    Senator Rivera, an act to amend the Public 

10    Health Law; 

11                 Senate Print 1350, by 

12    Senator Rivera, an act to amend the 

13    Insurance Law; 

14                 Senate Print 1351, by 

15    Senator Krueger, an act to amend the 

16    Criminal Procedure Law; 

17                 Senate Print 1353, by 

18    Senator Brisport, an act to amend the 

19    Social Services Law; 

20                 Senate Print 1354, by 

21    Senator Skoufis, an act in relation to requiring 

22    monthly status reports of community investments; 

23                 Senate Print 1355, by 

24    Senator Kennedy, an act to amend the 

25    Insurance Law; 


                                                               357

 1                 Senate Print 1356, by 

 2    Senator Sanders, an act to amend the 

 3    Urban Development Corporation Act.

 4                 All bills reported direct to third 

 5    reading.

 6                 SENATOR GIANARIS:   Move to accept 

 7    the report of the Rules Committee.

 8                 ACTING PRESIDENT BAILEY:   All those 

 9    in favor of accepting the report of the Rules 

10    Committee signify by saying aye.

11                 (Response of "Aye.")

12                 ACTING PRESIDENT BAILEY:   Opposed, 

13    nay.

14                 (No response.)

15                 ACTING PRESIDENT BAILEY:   The 

16    report is adopted.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Please take up 

19    the reading of the calendar.

20                 ACTING PRESIDENT BAILEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Calendar Number 17, 

23    Senate Print 644, by Senator Mannion, an act to 

24    amend the Election Law. 

25                 SENATOR LANZA:   Lay it aside.


                                                               358

 1                 ACTING PRESIDENT BAILEY:   Lay it 

 2    aside.

 3                 THE SECRETARY:   Calendar Number 18, 

 4    Senate Print 645, by Senator Mannion, an act to 

 5    amend the Election Law.  

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT BAILEY:   Lay it 

 8    aside.  Lay it aside.

 9                 THE SECRETARY:   Calendar Number 20, 

10    Senate Print 811, by Senator Breslin, an act to 

11    amend the Insurance Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect on the same date and in the 

16    same manner as a chapter of the Laws of 2022.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 62.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 21, 


                                                               359

 1    Senate Print 812, by Senator Ramos, an act to 

 2    amend the Social Services Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 4.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 62.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 22, 

16    Senate Print 813, by Senator Liu, an act to amend 

17    the Education Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the same date and in the 

22    same manner as a chapter of the Laws of 2022.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               360

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 22, those Senators voting in the 

 5    negative are Senators Ashby, Borrello, 

 6    Canzoneri-Fitzpatrick, Griffo, Helming, Lanza, 

 7    Martins, Mattera, Murray, Oberacker, O'Mara, 

 8    Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, 

 9    Weber and Weik.  

10                 Ayes, 43.  Nays, 19.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 23, 

14    Senate Print 814, by Senator Kennedy, an act to 

15    amend the State Finance Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 6.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 62.


                                                               361

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 25, 

 4    Senate Print 816, by Senator Hoylman-Sigal, an 

 5    act to amend the General Business Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect on the same date and in the 

10    same manner as a chapter of the Laws of 2022.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 25, those Senators voting in the 

18    negative are Senators Borrello, Gallivan, Griffo, 

19    Helming, Lanza, Oberacker, O'Mara, Ortt, Rhoads, 

20    Stec and Tedisco.

21                 Ayes, 51.  Nays, 11.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 Senator Gianaris, that completes the 

25    reading of today's calendar.


                                                               362

 1                 SENATOR GIANARIS:   Let's please 

 2    take up the supplemental calendar now.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Calendar Number 73, 

 6    Senate Print 504, by Senator Rivera, an act to 

 7    amend the Insurance Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 4.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 73, voting in the negative are 

19    Senators Gallivan and Walczyk.

20                 Ayes, 60.  Nays, 2.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 75, 

24    Senate Print 599, by Senator Salazar, an act to 

25    amend the Insurance Law.


                                                               363

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 75, those Senators voting in the 

12    negative are Senators Borrello, Gallivan, Griffo, 

13    Helming, Mattera, Murray, Oberacker, O'Mara, 

14    Rhoads, Rolison, Stec, Walczyk, Weber and Weik.

15                 Ayes, 48.  Nays, 14.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 76, 

19    Senate Print 604, by Senator Skoufis, an act to 

20    amend the Public Health Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT BAILEY:   Lay it 

23    aside.

24                 THE SECRETARY:   Calendar Number 77, 

25    Senate Print 608A, by Senator Salazar, an act to 


                                                               364

 1    amend the General Business Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 62.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 79, 

15    Senate Print 966, by Senator Rivera, an act to 

16    amend the Elder Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect on the first of April.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               365

 1                 THE SECRETARY:   Ayes, 62.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 81, 

 5    Senate Print 982, by Senator Brouk, an act to 

 6    amend the Education Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the 90th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Brouk to explain her vote.

17                 SENATOR BROUK:   Thank you, 

18    Mr. President.  

19                 I wanted to just outline why this 

20    bill was so important and why I'm happy that the 

21    leadership has chosen to bring it up again this 

22    year.  

23                 You know, during COVID we learned a 

24    lot through crisis and through tragedy, and in 

25    some cases we learned where we could do things 


                                                               366

 1    better.  One of those cases was the way we deal 

 2    with medications and prescription drugs.  

 3    Specifically, when there's someone in New York 

 4    who's in need and needs a specific medication for 

 5    their own health or to save their life, during 

 6    our Declaration of Emergency we were able to 

 7    better fulfill those needs by looking at 

 8    non-resident pharmacies.  

 9                 It should be noted that this is 

10    something that large corporation pharmacies have 

11    always been able to do.  But what this 

12    declaration allowed during the state of emergency 

13    was what small, independent-owned pharmacies 

14    could do the same.  And what we should realize is 

15    that these small independent pharmacies are often 

16    serving some of our most underserved communities, 

17    whether in city, suburban or rural areas.  

18                 So that's what this bill would do.  

19    It is taking something that we learned during a 

20    tragic crisis, public health crisis in this 

21    state, and trying to codify it into law to make 

22    sure that more people don't suffer without having 

23    this in place.

24                 I want to end with just adding there 

25    is no going back to pre-COVID days.  As a mother 


                                                               367

 1    of a small child, I'm thinking about the 

 2    "tripledemic" we're dealing with that we've all 

 3    heard of, RSV -- and I'm seeing the nods -- RSV, 

 4    flu, COVID.  We've had one of the three and I'm 

 5    hoping not to get the other two.  

 6                 But the truth is we're never going 

 7    back to a time before COVID existed, and we're 

 8    going to continue to deal with supply chain 

 9    issues, we're going to continue to deal with new 

10    viruses and new bacterial infections that we know 

11    people are going to need help with.  

12                 And so a few days -- a few weeks 

13    ago -- I'm healthy, but I found myself in the 

14    hospital to deal with something, and the more 

15    important piece of this is I overheard the nurse 

16    in the emergency room telling a family of a 

17    4-year-old that "This is your prescription for 

18    amoxicillin, but I'm not sure you're going to be 

19    able to get it, so here's a few other things you 

20    should consider."  

21                 And I want us all to imagine being 

22    with our 3- or 4-year-old sick, in an emergency 

23    room, and being told that in the United States of 

24    America, in the State of New York, that we don't 

25    have every option possible to get you the 


                                                               368

 1    medicine that you need.

 2                 So I'm really proud to reintroduce 

 3    this bill.  I'm very proud to vote aye.  I thank 

 4    my colleagues for supporting this.  But as we 

 5    move forward and hopefully get this signed later 

 6    this year, let's remember that 3-year-old.  Let's 

 7    remember the people who are at stake when we 

 8    don't do everything possible to learn from the 

 9    tragedy that we just saw over the past couple of 

10    years, and do better by New Yorkers.  

11                 For those reasons, I vote aye.  

12    Thank you.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Brouk to be recorded in the affirmative.

15                 Announce the results.

16                 THE SECRETARY:   Ayes, 62.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 85, 

20    Senate Print 1267, by Senator Breslin, an act to 

21    amend the Insurance Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect immediately.  


                                                               369

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.  

 6                 THE SECRETARY:   In relation to 

 7    Calendar 85, those Senators voting in the 

 8    negative are Senators Borrello, Oberacker and 

 9    Walczyk.

10                 Ayes, 59.  Nays, 3.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 Senator Gianaris, that completes the 

14    reading of today's supplemental calendar.

15                 SENATOR GIANARIS:   At this time 

16    let's move on to the controversial calendar, 

17    please.

18                 ACTING PRESIDENT BAILEY:   The 

19    Secretary will ring the bell.

20                 The Secretary will read.

21                 THE SECRETARY:   Calendar Number 17, 

22    Senate Print 644, by Senator Mannion, an act to 

23    amend the Election Law.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Walczyk, why do you rise?


                                                               370

 1                 SENATOR WALCZYK:   Mr. President, 

 2    would the sponsor be willing to yield for some 

 3    questions.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR MANNION:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR WALCZYK:   In this 

10    legislation -- through you, Mr. President -- are 

11    we talking about staff at the State Board of 

12    Elections or are we talking about a mandate for 

13    our local county boards of elections?

14                 SENATOR MANNION:   Through you, 

15    Mr. President, this legislation is to establish 

16    criteria for minimum staffing at all boards of 

17    elections at the county level across the state.

18                 SENATOR WALCZYK:   Through you, 

19    Mr. President, if the sponsor would continue to 

20    yield.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR MANNION:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.  


                                                               371

 1                 SENATOR WALCZYK:   Is this 

 2    legislation at the request of the Association of 

 3    Counties in New York State?  

 4                 SENATOR MANNION:   No.

 5                 SENATOR WALCZYK:   Through you, 

 6    Mr. President, if the sponsor would continue to 

 7    yield.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR MANNION:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR WALCZYK:   Did we receive 

14    resolutions from any counties out of the 62 

15    counties in the State of New York supporting this 

16    legislation?

17                 SENATOR MANNION:   Through you, 

18    Mr. President, we received no opposition.

19                 SENATOR WALCZYK:   Through you, 

20    Mr. President, the -- the question was have we 

21    received any resolutions --

22                 ACTING PRESIDENT BAILEY:   Are you 

23    asking the Senator to yield?

24                 SENATOR WALCZYK:   Through you, 

25    Mr. President, if the sponsor would continue to 


                                                               372

 1    yield.

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR MANNION:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR WALCZYK:   Yeah, the -- the 

 8    question, Mr. President, through you, was have we 

 9    received any resolutions from any of New York's 

10    62 counties requesting this legislation or 

11    supporting it?  

12                 SENATOR MANNION:   Mr. President, 

13    through you, we received no resolutions 

14    supporting nor opposing.

15                 SENATOR WALCZYK:   And through you, 

16    Mr. President, if the sponsor would continue to 

17    yield.

18                 ACTING PRESIDENT BAILEY:   Does the 

19    sponsor yield?

20                 SENATOR MANNION:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.  

23                 SENATOR WALCZYK:   How did we arrive 

24    at the 4,000 level -- if there's 4,000 people in 

25    a county, that requires four full-time staffers?  


                                                               373

 1    And then the 2,000 -- or the two per 2,000 

 2    formula, how did -- how did you arrive at that?  

 3                 SENATOR MANNION:   Through you, 

 4    Mr. President, we arrived at the numbers of a 

 5    minimum of four staff members for every 

 6    40,000 active voters in a county as a result of 

 7    interpretation from the report of a statewide 

 8    elections hearing that occurred, run by Senator 

 9    Myrie, that I attended at SUNY ESF in 2021.  

10                 And as a result of that, we 

11    developed this legislation to make sure that we 

12    met minimum staffing criteria based on the number 

13    of things and the importance that elections have 

14    in this state.

15                 SENATOR WALCZYK:   And through you, 

16    Mr. President, if the sponsor would continue to 

17    yield.

18                 ACTING PRESIDENT BAILEY:   Does the 

19    sponsor yield?  Will the sponsor yield?

20                 SENATOR MANNION:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR WALCZYK:   So my 

24    understanding is that if -- and I just want to 

25    make sure that I have this math right.  If a 


                                                               374

 1    county has 4,000 residents currently, then they 

 2    are at the four level, but if they go to 40,000 

 3    and one, they would require six full-time 

 4    staffers at the boards of elections?  Is that -- 

 5    is that correct?

 6                 SENATOR MANNION:   Through you, 

 7    Mr. President, the number that applies is for 

 8    every 40,000.  Once the threshold of 40,000 

 9    active registered voters in a county occurs, that 

10    would require four full-time staff.

11                 Once the number of full-time 

12    active -- excuse me, the number of registered 

13    active voters hit 60,000, that's when it would 

14    require an additional two staff members, 

15    full-time staff members.

16                 SENATOR WALCZYK:   Thank you.  

17                 Through you, Mr. President, if the 

18    sponsor would continue to yield.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MANNION:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   And I know last 

25    week we had some discussions about Hamilton 


                                                               375

 1    County.  There is a practical impact here, and we 

 2    can get to the mandate of it in a moment.  

 3                 But take Oswego County, for example, 

 4    who has eight full-time staffers right now at 

 5    their boards of elections, in addition to their 

 6    two commissioners.  If Oswego County has a 

 7    population of 117,000, how many full-time 

 8    staffers will they have to add to their roster?

 9                 SENATOR MANNION:   Through you, 

10    Mr. President, zero.

11                 SENATOR WALCZYK:   Through you, 

12    Mr. President, if the sponsor would continue to 

13    yield.  

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR MANNION:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   So if Oswego 

20    County has eight full-time staff at their board 

21    of elections now, and they have 117,000, wouldn't 

22    that bring them up to needing a number of 12?

23                 SENATOR MANNION:   So through you, 

24    Mr. President, the important data point here is 

25    the number of active registered voters.  And that 


                                                               376

 1    number, after our analysis, would be that the 

 2    board of elections in Oswego County would have to 

 3    add zero full-time staff members.

 4                 SENATOR WALCZYK:   Thank you.  

 5                 Mr. President, on the bill.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Walczyk on the bill.

 8                 SENATOR WALCZYK:   So it's 

 9    interesting -- and I -- I appreciate my 

10    colleague's answers, and thank you for -- for 

11    answering the question on this bill.

12                 It's interesting to me, in 

13    reflecting, how we've decided to spend our first 

14    controversial bills in this chamber, and which 

15    ones we've brought to the floor, especially given 

16    the stakes in this chamber.  

17                 It's no surprise -- and I know my 

18    colleagues across the aisle will remind us a 

19    number of times that they have a two-thirds 

20    majority in this chamber.  And actually down the 

21    hall in the State Assembly, they also have a 

22    two-thirds majority in that chamber as well, 

23    tilted pretty one-sided to one party.  Down on 

24    the second floor, we have a Governor who is also 

25    of the same party.


                                                               377

 1                 So imagine being a board of 

 2    elections commissioner and continuing to see rule 

 3    changes from the same party that is enjoying 

 4    large victories and large majorities.  Imagine if 

 5    Commissioner Goodell in the NFL said, We're going 

 6    to change the rules for next season 200 times; 

 7    we're going to put in 200 new rules changes.  I 

 8    hope they're signed in the NFL.  And good luck, 

 9    coaches, trying to figure out what rules to play 

10    by this season.  I bet you would end up with a 

11    number of coaches, franchises that are pretty 

12    frustrated.  

13                 Now imagine if it was Bill Belichick 

14    after a Super Bowl getting to decide what rule 

15    changes -- and by the way, there's going to be 

16    200 of them, and they're going to affect all the 

17    teams that play in the NFL.  

18                 Well, I'm glad that the NFL runs -- 

19    at least right now -- more fairly than this 

20    Legislature.  Go Bills!  I will vote no and 

21    encourage my colleagues to do the same.

22                 ACTING PRESIDENT BAILEY:   Are there 

23    any other Senators wishing to be heard?

24                 Seeing and hearing none, debate is 

25    closed.  The Secretary will ring the bell -- oh, 


                                                               378

 1    I'm sorry.  

 2                 Senator Rhoads.

 3                 SENATOR RHOADS:   I apologize.  

 4    Thank you.  Will the sponsor yield?

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield for a question?  

 7                 SENATOR MANNION:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR RHOADS:   Senator Mannion, 

11    what is the definition of an active registered 

12    voter?  

13                 SENATOR MANNION:   That is 

14    determined -- through you, Mr. President, that is 

15    determined by the -- someone that is on the 

16    rolls.  And if someone is inactive for a period 

17    of time because they have not voted, they come 

18    off the rolls.

19                 SENATOR RHOADS:   If the Senator 

20    will continue to yield.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR MANNION:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               379

 1                 SENATOR RHOADS:   You did indicate 

 2    that if a -- if a -- if you have a voter who is 

 3    inactive, they will eventually be purged from the 

 4    rolls.  Is there any -- anything within this bill 

 5    that would require that voter to be removed from 

 6    the rolls?

 7                 SENATOR MANNION:   Through you, 

 8    Mr. President, that is a different piece of 

 9    legislation than -- and there's nothing in this 

10    bill, as it sits silent on that.

11                 SENATOR RHOADS:   And if the sponsor 

12    will yield to one additional question.

13                 ACTING PRESIDENT BAILEY:   Will the 

14    sponsor yield?

15                 SENATOR MANNION:   Yes.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.

18                 SENATOR RHOADS:   Has there been a 

19    demonstrated problem with boards of elections and 

20    staffing that would require us at the state level 

21    mandating what could be an issue for local 

22    control for individual boards of elections, based 

23    upon their own needs?  

24                 SENATOR MANNION:   Through you, 

25    Mr. President, as I stated, I listened to 


                                                               380

 1    testimony at a statewide hearing on elections, 

 2    and a report was developed after that.  

 3                 And in my in-person witnessing of 

 4    the testimony that occurred on that day, several 

 5    times from -- commissioners who represented 

 6    boards of elections had expressed concerns over 

 7    staffing.

 8                 SENATOR RHOADS:   Through you, one 

 9    additional question.  Sorry.

10                 ACTING PRESIDENT BAILEY:   That's 

11    why I never say that, Senator.  

12                 Will the sponsor yield?  

13                 SENATOR RHOADS:   I never say one.  

14    I've got to learn that.

15                 ACTING PRESIDENT BAILEY:   Yes.

16                 SENATOR RHOADS:   I've got to learn 

17    that.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   Thank you.

21                 Was there any testimony as to why 

22    those commissioners of the boards of elections 

23    simply couldn't hire additional staff if they 

24    felt the need?  

25                 SENATOR MANNION:   Through you, 


                                                               381

 1    Mr. President.  My recollection is that at least 

 2    in one instance they were concerned with the 

 3    level of pay of their employees.

 4                 SENATOR RHOADS:   Will the sponsor 

 5    continue to yield?

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR MANNION:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR RHOADS:   What does this 

12    bill have anything to do with the pay that they 

13    would receive?

14                 SENATOR MANNION:   Well, through 

15    you, Mr. President, as many bills sit silent on 

16    certain other aspects of the law or certain other 

17    areas of local control, this bill does not 

18    reference the salary of individuals.

19                 However, that may be something that 

20    we pursue another day to assure that we have 

21    highly qualified staff within the boards of 

22    elections.

23                 SENATOR RHOADS:   Will the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               382

 1    sponsor yield? 

 2                 SENATOR MANNION:   Yes.  

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   But if the only 

 6    example that we're able to point to is the 

 7    testimony from one elections commissioner about 

 8    the pay that he's able to pay his employees, why 

 9    are we mandating a specific number of board of 

10    elections employees that has -- that has to be 

11    retained by individual boards of elections?

12                 SENATOR MANNION:   Through you, 

13    Mr. President, it was really the 

14    comprehensiveness of the report and the fact that 

15    that report occurred as a result of testimony 

16    across the state.  Errors can occur in elections.  

17    And when those errors do occur, it is often 

18    because of a lack of bandwidth of the boards of 

19    elections and the number of employees that they 

20    have.

21                 SENATOR RHOADS:   Thank you.  Thank 

22    you.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Rhoads.

25                 Are there any other Senators wishing 


                                                               383

 1    to be heard?  

 2                 Seeing and hearing none, debate is 

 3    closed.  The Secretary will ring the bell.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Gianaris to explain his vote.

12                 SENATOR GIANARIS:   Thank you, 

13    Mr. President.

14                 I was struck by my colleague Senator 

15    Walczyk's comments and point he was making, 

16    because I feel the need to educate him that in 

17    fact the NFL just changed their rules midstream 

18    not two weeks ago when they canceled the 

19    Bills-Bengals game and had a meeting of the 

20    owners and changed the rules as it relates to 

21    home field in the playoffs, something the 

22    Cincinnati Bengals were not too happy about.  

23                 So the fact is these bodies exist -- 

24    in the case of the NFL, their board; in the case 

25    of New York State, our Legislature -- to do 


                                                               384

 1    exactly what we're doing here, which is set the 

 2    parameters, set the rules, set the laws for how 

 3    the state is administered and how our elections 

 4    are administered.  

 5                 In fact, if Senator Walczyk had his 

 6    way, I guess there would be no laws, because the 

 7    law that's being amended was written by another 

 8    legislature at some point in history.  

 9                 And so this is the responsibility of 

10    this body.  This is why we are here.  And as 

11    Senator Myrie likes to say, our Majority has 

12    taken our election laws from worst in the nation 

13    under decades of Republican rule to first in the 

14    nation under our Majority.  

15                 I'm proud of that and proud to vote 

16    in support of this bill, Mr. President.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Gianaris to be recorded in the affirmative.

19                 Senator Rhoads to explain his vote.

20                 SENATOR RHOADS:   Thank you, 

21    Mr. President.

22                 We all want -- we want fair and we 

23    want accurate elections.  And I appreciate 

24    Senator Mannion's bill today.  But I fail to see 

25    and I failed to receive an explanation as to why 


                                                               385

 1    it is that we need to tell local boards of 

 2    elections their business.  There seems to be no 

 3    prohibition to local boards of elections, if they 

 4    feel as though they need additional staff, to be 

 5    able to hire that additional staff.  

 6                 And again, this is another example 

 7    of us sort of controlling from the top down and 

 8    dictating to local boards without knowledge of 

 9    specific instances in their own counties what 

10    they should be doing.  

11                 So I'll be voting in the -- in the 

12    negative.  Thank you, Mr. President.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Rhoads to be recorded in the negative.

15                 Senator Borrello to explain his 

16    vote.

17                 SENATOR BORRELLO:   Thank you, 

18    Mr. President.  

19                 Once again I rise to talk about the 

20    unfunded mandate that this will be on our local 

21    boards of elections.  

22                 I know our local board of elections 

23    commissioners and so forth.  In fact, they're in 

24    Albany this week to talk about how they can work 

25    together to find more efficient ways to deliver 


                                                               386

 1    those services, and they do an outstanding job.  

 2                 In Chautauqua County, my home, they 

 3    go so far to save money as to print their own 

 4    ballots because they don't want to spend the 

 5    money for an outside printer to do so.  

 6                 They work on shoestring budgets to 

 7    deliver elections that -- to the best of their 

 8    ability, that are fair and accurate.  And today 

 9    we take one step further by giving them another 

10    mandate without any funding behind it to actually 

11    deliver that mandate.  

12                 So I'll be voting no also.  

13                 Thank you.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Borrello to be recorded in the negative.  

16                 Senator Helming to explain her vote.

17                 SENATOR HELMING:   Thank you, 

18    Mr. President.  I rise to explain my vote.

19                 As Senator Rhoads said, I too 

20    support and want to see fair elections throughout 

21    our state.  

22                 Our current Election Law leaves 

23    staffing-level decisions -- how many staff are 

24    needed or required -- to local decisionmakers, 

25    and I fully support that.  I don't support 


                                                               387

 1    stripping away that decision-making from those 

 2    local officials.  That's one of the reasons why I 

 3    will be voting no.

 4                 And the other is something that 

 5    Senator Borrello just touched upon, that this 

 6    bill is clearly yet another unfunded mandate on 

 7    our local boards.

 8                 Now, last week when we talked about 

 9    Election Law, I heard several members of the 

10    Majority Conference indicate that they intend to 

11    provide funding in the upcoming budget.  But 

12    based on what I've heard from my commissioners 

13    and feedback from others, past funding has been 

14    sorely inadequate.  

15                 So this bill is likely to be a large 

16    expense for our localities, a large unfunded 

17    mandate.  And I've seen over and over again what 

18    happens when the state thinks things are so 

19    important and they don't fund them.  The 

20    responsibility for funding comes down to the 

21    property taxpayers.  The cost gets passed, it 

22    gets shifted to the county; the county shifts it 

23    to the property taxpayers.  

24                 So for those two reasons and others, 

25    I will be voting no.


                                                               388

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Helming to be recorded in the negative.

 3                 Senator Mannion to close.

 4                 SENATOR MANNION:   Thank you, 

 5    Mr. President.  

 6                 A couple of points here, which is 

 7    that as was articulated last week by Senator 

 8    Mayer, last year we fought for and secured 

 9    $2 million in the budget to help alleviate some 

10    of the pressures that were occurring at local 

11    boards of elections and, in some instances, some 

12    of the smaller counties.

13                 I will say also that just a few 

14    years ago I stood in front of a classroom of 

15    students -- in fact, it was 2020.  I probably 

16    wouldn't be here if it hadn't been for a previous 

17    election, which was in 2016.  And at that time I 

18    stood in front of a classroom of students who had 

19    witnessed a presidential election cycle unlike 

20    any I had ever seen in my lifetime.  

21                 One problem with that, in teaching a 

22    bunch of 16-year-olds and having children that 

23    were 16, was that was really the only 

24    presidential election that they had witnessed in 

25    their lifetime that they could comprehend.


                                                               389

 1                 And during that time a phrase was 

 2    used in 2016, which was that an election was 

 3    illegally stolen from a candidate.  It's the 

 4    first time I had heard that phrase and any 

 5    credibility or support behind it.  And it was 

 6    illegally stolen from Ted Cruz in the Iowa 

 7    caucuses.  

 8                 Here we sit, seven years later, with 

 9    secretaries of state being threatened to find 

10    11,000 votes, and vice presidents of the 

11    United States are threatened to be assassinated.  

12                 So I believe that setting a minimum 

13    staffing criteria for the boards of elections 

14    that hold up our democracy is not only necessary, 

15    it's essential.  And we can go along with passing 

16    this legislation.  I will vote aye.  I encourage 

17    everyone to do so.  

18                 And I also encourage everyone to 

19    push back against the false narrative that 

20    elections are not free and fair, and to reject 

21    the toxic messaging of voter fraud that is 

22    paralyzing our country.  

23                 I proudly vote aye.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Mannion to be recorded in the affirmative.


                                                               390

 1                 Announce the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 17, those Senators voting in the 

 4    negative are Senators Ashby, Borrello, 

 5    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 6    Lanza, Martins, Mattera, Murray, Oberacker, 

 7    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

 8    Tedisco, Walczyk, Weber and Weik.

 9                 Ayes, 41.  Nays, 21.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 The Secretary will ring the bell.

13                 The Secretary will read.  

14                 THE SECRETARY:   Calendar Number 18, 

15    Senate Print 645, by Senator Mannion, an act to 

16    amend the Election Law.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Walczyk, why do you rise?

19                 SENATOR WALCZYK:   Thank you, 

20    Mr. President.  Nice to speak to you again.  

21                 Would the sponsor yield for some 

22    questions.

23                 ACTING PRESIDENT BAILEY:   Long time 

24    no speak.  

25                 Senator Mannion, would you like -- 


                                                               391

 1    will the sponsor yield?

 2                 SENATOR MANNION:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR WALCZYK:   Through you, 

 6    Mr. President, how many people per capita in 

 7    New York State have demonstrated experience in 

 8    election administration or other public 

 9    management, operations, or administrative 

10    experience in the public, nonprofit, or private 

11    sector?  

12                 SENATOR MANNION:   Through you, 

13    Mr. President, this is the least popular game 

14    show in the history of the State of the New York 

15    Senate.  I have no idea.

16                 SENATOR WALCZYK:   Through you, 

17    Mr. President, if the sponsor would continue to 

18    yield.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MANNION:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   I asked the -- I 

25    asked the question because this is a 


                                                               392

 1    qualification written out in your bill between 

 2    lines 7 and 10.  And to shorten it up, you've 

 3    gotten a pretty narrow definition here for what 

 4    the qualifications are.  You're significantly 

 5    narrowing the definition for what's required of 

 6    an elections commissioner.  

 7                 I'm wondering if consideration was 

 8    given and if you can give anything back to this 

 9    body for how many New Yorkers exist that would 

10    meet the qualifications as you've -- as you've 

11    written them here.  

12                 SENATOR MANNION:   Through you, 

13    Mr. President, what's set forth in the bill is 

14    that the Board of Elections would establish 

15    criteria so that elections commissioners would be 

16    of a certain level, of a certain quality.  

17                 And those qualifications are not 

18    necessarily extensive.  All that is listed in the 

19    bill, if I understood the Senator's question 

20    correctly, would be that an individual would be a 

21    registered voter, they would be enrolled in a 

22    party, they would be a nonholder of public 

23    office.  Those who meet that criteria.  

24                 And then what the bill sets forth is 

25    that an individual that would serve as elections 


                                                               393

 1    commissioner would have some minimum level of 

 2    criteria that would be set by the Board of 

 3    Elections of New York State.

 4                 SENATOR WALCZYK:   Through you, 

 5    Mr. President, if the sponsor would continue to 

 6    yield.

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MANNION:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   Yeah, the narrow 

13    set of qualifications that I'm looking to zero in 

14    on here isn't something that we're giving over to 

15    the State Board of Elections to figure out at a 

16    narrow date.  It's what you've written in this 

17    bill here as a qualification:  Needing to 

18    demonstrate experience in election administration 

19    or other public management, operations, or 

20    administrative experience in the public, 

21    nonprofit, or private sector.

22                 I'm simply looking to get a feel for 

23    how many people have one of those things on their 

24    resume in New York State.

25                 SENATOR MANNION:   Through you, 


                                                               394

 1    Mr. President, if I'm understanding the correct 

 2    section of the bill, this would be qualifications 

 3    that a current elections commissioner would have, 

 4    and therefore allow them to continue in that 

 5    role, which they would be grandfathered in for 

 6    that term.  But beyond that, that would allow 

 7    them to meet that minimum criteria.

 8                 SENATOR WALCZYK:   Thank you.  And 

 9    through you, Mr. President, if the sponsor would 

10    continue to yield.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR MANNION:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   I -- I appreciate 

17    that -- that response.  And it's good to know 

18    that at least the -- the current commissioners 

19    that we have existing now have that on their 

20    resume and will still continue to qualify at 

21    least for that.  

22                 In line 15, what skills 

23    specifically -- and you -- you line out the 

24    skills required.  What skills would someone have 

25    to have in order to be a commissioner of a board 


                                                               395

 1    of elections in New York State?

 2                 SENATOR MANNION:   Through you, 

 3    Mr. President.  I should include that this list 

 4    are just -- this list is just examples of 

 5    possibilities of having administrative qualities.  

 6    But it's meant to be more expansive than that.  

 7    These are just a list of certain attributes that 

 8    may be helpful in showing that an individual 

 9    would be a good administrator.  

10                 And therefore, these also are 

11    examples that are set forth towards the New York 

12    State boards of elections in determining what 

13    criteria might be helpful for an individual that 

14    ends up being an elections commissioner.

15                 Remember that the New York State 

16    boards of elections are represented by both 

17    Democrats and Republicans, and they would have to 

18    come to a consensus, a reasonable consensus of 

19    the minimum criteria that individuals who would 

20    serve as elections commissioner would need.

21                 SENATOR WALCZYK:   Through you, 

22    Mr. President, if the sponsor would continue to 

23    yield.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               396

 1                 SENATOR MANNION:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR WALCZYK:   Yeah, I 

 5    understand this isn't a direct prescription.  

 6    Such qualifications shall -- shall be prescribed 

 7    by the board only after consideration of skills 

 8    and knowledge.

 9                 And it specifically -- through you, 

10    Mr. President, the definitions as you've written 

11    them here, with -- with a purpose, I would 

12    imagine -- the definition of skill, what skills 

13    did you have in mind for the Board of Elections 

14    to consider?

15                 SENATOR MANNION:   Through you, 

16    Mr. President, this is supposed to be expansive.  

17    We want people of quality who would be running 

18    boards of elections.  And I think by and large, 

19    if we went across the state right now, we would 

20    find that that is happening.  So it really is 

21    open-ended, and these are examples that are 

22    written.

23                 As far as the skills that go, I've 

24    already articulated that we need somebody who can 

25    manage a budget.  We need somebody who has 


                                                               397

 1    administrative skills, that can oversee staff.  

 2    And currently there is a process in case that 

 3    doesn't happen, but this sets the minimum 

 4    criteria.  And it would be set by the Board of 

 5    Elections.

 6                 SENATOR WALCZYK:   Through you, 

 7    Mr. President, would the sponsor continue to 

 8    yield.  

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR MANNION:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   In the same line, 

15    line 15, you mention knowledge.  What knowledge 

16    would someone have to display to the Board of 

17    Elections in order to become a commissioner in 

18    New York State?

19                 SENATOR MANNION:   Through you, 

20    Mr. President, that would be determined by the 

21    New York State Board of Elections in a bipartisan 

22    manner.  

23                 SENATOR WALCZYK:   And through you, 

24    Mr. President, if the sponsor would continue to 

25    yield.


                                                               398

 1                 ACTING PRESIDENT BAILEY:   Will the 

 2    sponsor yield? 

 3                 SENATOR MANNION:   Yes.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    sponsor yields.

 6                 SENATOR WALCZYK:   Do you imagine 

 7    there would be a -- a test of knowledge or of 

 8    skill?  

 9                 SENATOR MANNION:   Through you, 

10    Mr. President, that would be determined by the 

11    New York State Board of Elections in a bipartisan 

12    manner.

13                 SENATOR WALCZYK:   Through you, 

14    Mr. President, would the sponsor continue to 

15    yield.  

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR MANNION:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.

21                 SENATOR WALCZYK:   Why -- why would 

22    we want Board of Elections working on this with a 

23    deadline that is in an election year where this 

24    chamber is all up for reelection?

25                 SENATOR MANNION:   Through you, 


                                                               399

 1    Mr. President, I believe that there is no 

 2    correlation between the date that is set and an 

 3    election date.  It is merely to provide time 

 4    enough for the Board of Elections to develop that 

 5    criteria and also to allow current elections 

 6    commissioners, who probably would already meet 

 7    that criteria, to continue to serve.

 8                 SENATOR WALCZYK:   Through you, 

 9    Mr. President, would the sponsor continue to 

10    yield.

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR MANNION:   Yes.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   So on line 3 of 

17    this bill, it says no later than December 31, 

18    2024.  That would be the year that we're all 

19    up -- I'll ask again.  Why would we want Board of 

20    Elections to be working on creating a process 

21    here that has new requirements for commissioners 

22    of the boards of elections in an election year 

23    where this chamber is all up for reelection?  

24                 SENATOR MANNION:   Through you, 

25    Mr. President.  That would be after the time of 


                                                               400

 1    the election in November.  So I'm not sure.

 2                 SENATOR WALCZYK:   Through you, 

 3    Mr. President, would the sponsor continue to 

 4    yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR MANNION:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR WALCZYK:   When would 

11    this -- if this is signed into law, when would 

12    this law go into effect?

13                 SENATOR MANNION:   Through you, 

14    Mr. President, I believe the law would go into 

15    effect immediately, if I remember correctly.  

16    That the Board of Elections would start to 

17    develop that criteria, and then it would -- the 

18    part regarding the minimum criteria that's 

19    established by the Board of Elections would be 

20    initiated in December of 2024.

21                 SENATOR WALCZYK:   Thank you, 

22    Mr. President.  On the bill.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Walczyk on the bill.

25                 SENATOR WALCZYK:   So on that last 


                                                               401

 1    piece, Mr. President, I think it's somewhat 

 2    problematic to talk about changing the rules or 

 3    the requirements for what a board of elections 

 4    commissioner -- what the qualifications are for a 

 5    board of elections commissioner in a year -- 

 6    which is 2024, and they would have to complete 

 7    this process, I understand, after Election Day in 

 8    2024.  No later than, so they're absolute.  

 9                 And not that government doesn't 

10    always move quickly; in this case, they may.  But 

11    no later than the end of December in 2024, which 

12    is the year that this chamber is up for 

13    reelection in our -- in our two-year term.  Which 

14    I think could be problematic.

15                 But I don't believe -- overall, I've 

16    got a problem with this piece of legislation 

17    because I don't believe that we should be 

18    creating a political class of boards of 

19    elections -- of individuals that are 

20    commissioners.

21                 We need public servants who have 

22    qualifications like integrity, enfranchisement in 

23    their heart, fairness in their soul.  And I 

24    reject the idea that county commissioners are 

25    unqualified, need to be better test takers, need 


                                                               402

 1    to meet requirements that Albany requires of 

 2    them.  

 3                 For over 200 years, this system has 

 4    worked well.  And I think if -- you know, hearing 

 5    the thoughts of my colleague in his -- in his 

 6    last speech about changing Election Law, yeah, I 

 7    think you're -- you're absolutely right to point 

 8    out that we need to encourage people to know that 

 9    there's a fair system.  

10                 One way that you can undermine the 

11    idea that our elections are free and fair 

12    currently is to say our board of elections 

13    commissioners in New York State are unqualified, 

14    and that's why we have to change the law, in 

15    order to make sure that they're fully qualified 

16    to do their job.  Well, that doesn't give people 

17    a lot of faith.  

18                 I have a lot of faith in the hard 

19    job that our elections commissioners do.  I think 

20    we'd make that job a lot easier if we didn't 

21    change the Election Law 200 times a year so 

22    they're always scrambling to figure it out.  And 

23    there's now a list of qualifications that we're 

24    going to prescribe in this chamber or we're going 

25    to delegate to the State Board of Elections 


                                                               403

 1    that's going to change that fact.

 2                 So with that said, Mr. President, 

 3    I'll be voting no, and I encourage my colleagues 

 4    to do the same.

 5                 ACTING PRESIDENT BAILEY:   Are there 

 6    any other Senators wishing to be heard?  

 7                 Seeing and hearing none, debate is 

 8    closed.  The Secretary will ring the bell.  

 9                 Read the last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 18, those Senators voting in the 

19    negative are Senators Borrello, 

20    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

21    Lanza, Martins, Mattera, Murray, Oberacker, 

22    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

23    Tedisco, Walczyk, Weber and Weik.

24                 Ayes, 42.  Nays, 20.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               404

 1    is passed.

 2                 The Secretary will ring the bell.

 3                 The Secretary will read.

 4                 THE SECRETARY:   Calendar Number 76, 

 5    Senate Print 604, by Senator Skoufis, an act to 

 6    amend the Public Health Law.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Ashby, why do you rise?

 9                 SENATOR ASHBY:   Thank you, 

10    Mr. President.  Will the sponsor yield?

11                 ACTING PRESIDENT BAILEY:   Will the 

12    sponsor yield?

13                 SENATOR SKOUFIS:   Of course.

14                 ACTING PRESIDENT BAILEY:   The 

15    sponsor yields.

16                 SENATOR ASHBY:   Through you, 

17    Mr. President, are there any active state 

18    importation programs up and running right now?

19                 SENATOR SKOUFIS:   Through you, 

20    Mr. President, I count seven states that have 

21    pending programs where the state legislatures 

22    have enacted similar importation programs that 

23    are waiting for federal approval.

24                 SENATOR ASHBY:   Through you, 

25    Mr. President, will the sponsor continue to 


                                                               405

 1    yield?

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR SKOUFIS:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR ASHBY:   What type of 

 8    funding does a program like this require?  And is 

 9    it enumerated in this bill?  

10                 SENATOR SKOUFIS:   Through you, 

11    Mr. President, this is cost-neutral to the 

12    taxpayers.  Any revenue that would be needed for 

13    the operations of this importation program would 

14    come from the wholesaler fees.

15                 SENATOR ASHBY:   Thank you, 

16    Mr. President.  Will the sponsor continue to 

17    yield?  

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield? 

20                 SENATOR SKOUFIS:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR ASHBY:   Through you, 

24    Mr. President, has DOH been consulted at all with 

25    the implementation of this bill?


                                                               406

 1                 SENATOR SKOUFIS:   Through you, 

 2    Mr. President, I have not personally had 

 3    conversations.  I can't speak for the other 

 4    stakeholders who have been involved.  

 5                 But I can point -- you know, context 

 6    is important here.  And I want to thank the 

 7    19 colleagues from across the aisle who supported 

 8    this bill last session.  

 9                 There's significant Republican 

10    history to this proposal in the sense that the 

11    U.S. Congress passed enabling legislation in 

12    2003, signed by then President George Bush.  The 

13    Trump administration actually were the ones that 

14    enacted the final rule-making to the federal 

15    program here.  

16                 And I'll point to a recent statement 

17    from the Florida secretary of health, the 

18    equivalent of what we have here at the DOH, who 

19    noted -- Republican-appointed -- in most if not 

20    all cases the drugs that we're looking at 

21    importing are at least 50 percent less expensive 

22    than prescriptions they could find in the 

23    United States.

24                 And so, you know, I would -- now, 

25    look, I would just point my colleague to what 


                                                               407

 1    could be the motivation of the opponents here, 

 2    and really there's only one, and that's the 

 3    domestic drug manufacturers.  One can only wonder 

 4    why they would oppose this bill.

 5                 SENATOR ASHBY:   Thank you, 

 6    Mr. President.  Will the sponsor continue to 

 7    yield?

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR SKOUFIS:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR ASHBY:   Through you, 

14    Mr. President.  To -- to that point, it's my 

15    understanding that the federal rule only allows 

16    for importation from Canada.  Is that correct?

17                 SENATOR SKOUFIS:   Through you, 

18    Mr. President.  As it stands right now, that is 

19    correct.

20                 There's nothing in the federal law 

21    that was enacted that limits the importation to 

22    strictly Canada.  That's what the FDA has -- the 

23    parameters they've set up.  As it stands right 

24    now, there's nothing that stops them from 

25    tomorrow or next month expanding that list of 


                                                               408

 1    eligible countries.

 2                 SENATOR ASHBY:   Through you, 

 3    Mr. President, will the sponsor continue to 

 4    yield?

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR SKOUFIS:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR ASHBY:   Through you, 

11    Mr. President.  Has Canada, to your knowledge, 

12    expressed any reserve or concern about their 

13    supply and being able to fulfill these orders?  

14                 SENATOR SKOUFIS:   Through you, 

15    Mr. President, it is my understanding that Canada 

16    has expressed some reservation about importation 

17    programs like this.  I -- I don't know exactly 

18    the details or what make up that reservation.  

19                 But certainly, you know, it's our 

20    job to look out for New Yorkers, and I respect 

21    that the Canadian government might have different 

22    priorities.

23                 SENATOR ASHBY:   Thank you, 

24    Mr. President.

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               409

 1    you, Senator Ashby.

 2                 Are there any other Senators wishing 

 3    to be heard?

 4                 Seeing and hearing none, debate is 

 5    closed.  The Secretary will ring the bell.  

 6                 Read the last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 76, those Senators voting in the 

16    negative are Senators Borrello, Gallivan, Lanza, 

17    Stec and Walczyk.

18                 Ayes, 57.  Nays, 5.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 Senator Gianaris, that completes the 

22    reading of the controversial calendar.

23                 SENATOR GIANARIS:    Is there any 

24    further business at the desk?

25                 ACTING PRESIDENT BAILEY:   There is 


                                                               410

 1    no further business at the desk.

 2                 SENATOR GIANARIS:   I move to 

 3    adjourn until tomorrow, Wednesday, January 18th, 

 4    at 11:00 a.m.

 5                 ACTING PRESIDENT BAILEY:   On 

 6    motion, the Senate stands adjourned until 

 7    Wednesday, January 18th, at 11:00 a.m. 

 8                 (Whereupon, at 5:45 p.m., the Senate 

 9    adjourned.)

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