Regular Session - February 7, 2023

                                                                   756

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 7, 2023

11                      3:48 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  

24  

25  


                                                               757

 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, Monday, 

16    February 6, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Friday, February 3, 

18    2023, was read and approved.  On motion, the 

19    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                 The Secretary will read.

25                 THE SECRETARY:   Senator Cleare 


                                                               758

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 997 and substitute it for 

 3    the identical Senate Bill 1342, Third Reading 

 4    Calendar 110.

 5                 Senator Martinez moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 975 and substitute it for the identical 

 8    Senate Bill 2221, Third Reading Calendar 158.  

 9                 Senator Webb moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 976 and substitute it for the identical 

12    Senate Bill 2226, Third Reading Calendar 163.

13                 ACTING PRESIDENT PERSAUD:   So 

14    ordered.

15                 Messages from the Governor.

16                 Reports of standing committees.

17                 Reports of select committees.

18                 Communications and reports from 

19    state officers.

20                 Motions and resolutions.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Good afternoon, 

23    Madam President.  

24                 I move to adopt the 

25    Resolution Calendar, with the exception of 


                                                               759

 1    Resolutions 321 and 386.

 2                 ACTING PRESIDENT PERSAUD:   All 

 3    those in favor of adopting the Resolution 

 4    Calendar, with the exceptions of Resolutions 321 

 5    and 386, please signify by saying aye.

 6                 (Delayed response of "Aye.")

 7                 ACTING PRESIDENT PERSAUD:   Opposed, 

 8    nay.

 9                 (No response.)

10                 ACTING PRESIDENT PERSAUD:   The 

11    Resolution Calendar is adopted.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Can we begin 

14    with Resolution 386, by Senator Fernandez, read 

15    its title only, and recognize Senator Fernandez.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Secretary will read.

18                 THE SECRETARY:   Senate Resolution 

19    386, by Senator Fernandez, memorializing 

20    Governor Kathy Hochul to proclaim September 2023 

21    as Recovery Month in the State of New York.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Fernandez on the resolution.

24                 SENATOR FERNANDEZ:   Thank you, 

25    Madam President.  


                                                               760

 1                 There are over 260,000 New Yorkers 

 2    who identify with the recovery community and 

 3    recovery movement.  At this very moment, millions 

 4    of New Yorkers are suffering from substance abuse 

 5    addiction.  

 6                 I thank Dr. Angelia Smith-Wilson and 

 7    Friends of Recovery New York for bringing these 

 8    voices to Albany today in our State Capitol for 

 9    Recovery Day.

10                 It is my honor to chair the 

11    committee that I chair, Alcoholism & Substance 

12    Abuse.  But more importantly, it's to use my 

13    position of power to fight for those struggling 

14    with addiction.  The numbers of overdoses are 

15    soaring at an alarming rate.  Every 90 seconds a 

16    New Yorker dies from a overdose.  That is more 

17    than car accidents, suicide and homicides 

18    combined.  

19                 When dealing with addiction, 

20    historically the road to recovery has never been 

21    easy.  And to make matters worse, addiction is 

22    repeatedly met with denial, misunderstandings and 

23    stigma.  

24                 Of course one of our main goals is 

25    to combat drug addiction and prevent overdoses.  


                                                               761

 1    But what about those living on a daily basis with 

 2    substance abuse issues?  Our mission is also 

 3    about meeting people where they are and treating 

 4    them with dignity and respect and offering a path 

 5    to recovery through community resources, because 

 6    they are part of our community.

 7                 The services and support we see 

 8    today were hard-fought, but without a doubt there 

 9    is so much more to be done.  There is not one 

10    single solution to end addiction.  And our loved 

11    ones in the recovery community know that 

12    compassionate care is multifaceted, taking a 

13    great deal of research, investment and love.  

14                 This resolution recognizes the 

15    journey this community has endured on the road to 

16    recovery.  The path to healing has needed 

17    understanding, courage and a will to end the 

18    crisis that continues to plague our communities.  

19    This resolution honors all the brave individuals 

20    who took the first step on the road to recovery.  

21                 But the road to recovery is not one 

22    you take alone.  Recovery day belongs to the 

23    entire recovery community:  Treatment providers, 

24    medical professionals, sponsors, friends, family 

25    members and loved ones who give so much of their 


                                                               762

 1    lives to helping those find that first step to 

 2    recovery and to stay on it.  

 3                 I feel fortunate to be with you all 

 4    today and on behalf of the recovery community in 

 5    the State of New York, throughout the country, 

 6    and around the world.  I am honored to submit 

 7    this resolution on the Senate floor for the 

 8    Governor of New York to sign into law, honoring 

 9    this Recovery Day and proclaiming September to be 

10    officially Recovery Month in the State of 

11    New York.  

12                 Thank you.

13                 ACTING PRESIDENT PERSAUD:   The 

14    question is on the resolution.  All in favor 

15    signify by saying aye.

16                 (Response of "Aye.")

17                 ACTING PRESIDENT PERSAUD:   Opposed, 

18    nay.

19                 (No response.)

20                 ACTING PRESIDENT PERSAUD:   The 

21    resolution is adopted.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Can we now move 

24    to Resolution 321, by Senator Hinchey, read it in 

25    its entirety, and recognize Senator Hinchey.


                                                               763

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Secretary will read.

 3                 THE SECRETARY:   Senate Resolution 

 4    321, by Senator Hinchey, memorializing 

 5    Governor Kathy Hochul to proclaim February 18-25, 

 6    2023, as National FFA Organization Week in the 

 7    State of New York.

 8                 "WHEREAS, It is the sense of this 

 9    Legislative Body to support and promote the 

10    historic and significant observance of National   

11    FFA Organization, formerly know as Future Farmers 

12    of America (FFA), Week in the State of New York; 

13    and 

14                 "WHEREAS, Attendant to such concern, 

15    and in full accord with its long-standing  

16    traditions, this Legislative Body is justly proud 

17    to memorialize Governor Kathy Hochul to proclaim 

18    February 18-25, 2023, as National FFA 

19    Organization Week in the State of New York; and 

20                 "WHEREAS, The National FFA 

21    Organization motto:  'Learning to Do, Doing to  

22    Learn, Earning to Live, Living to Serve,' gives 

23    direction and purpose to those students who take 

24    an active role in succeeding in agricultural 

25    education and leadership; and 


                                                               764

 1                 "WHEREAS, The National FFA 

 2    Organization develops members' potential and 

 3    helps them to discover their talent through 

 4    hands-on experiences, giving the tools to achieve 

 5    real-world success; these members are future 

 6    chemists, veterinarians, government officials, 

 7    entrepreneurs, bankers, international business 

 8    leaders, teachers and premier professionals in 

 9    many career fields; and 

10                 "WHEREAS, New York FFA has 161 

11    chapters across New York and over 9,000 active 

12    students involved; and 

13                 "WHEREAS, The U.S. Department of 

14    Education provides leadership and helps set 

15    direction for the National FFA Organization as a 

16    service to state and local agricultural education 

17    programs; and 

18                 "WHEREAS, In accomplishing its 

19    mission, National FFA Organization has made a 

20    positive difference in the lives of students by 

21    developing their potential for premier 

22    leadership, personal growth and career success 

23    through agricultural education, promoting 

24    citizenship, volunteerism, patriotism and 

25    cooperation; and 


                                                               765

 1                 "WHEREAS, Agricultural education and 

 2    National FFA Organization ensure a steady supply 

 3    of young professionals to meet the growing needs 

 4    in the science, business and technology of 

 5    agriculture; and 

 6                 "WHEREAS, Agricultural education in 

 7    New York affects and instructs students in all 

 8    parts of the state, and through their efforts,  

 9    the officers and members of New York FFA are 

10    achieving increased levels of national 

11    recognition for themselves, and their schools and  

12    communities, as well as New York agriculture; and 

13                 "WHEREAS, It is the custom of this 

14    Legislative Body to recognize and applaud the 

15    leaders of commerce and industry whose 

16    accomplishments contribute to the economic health 

17    and prosperity of the communities of the State of 

18    New York and to the quality of life of its  

19    people; now, therefore, be it 

20                 "RESOLVED, That this Legislative 

21    Body pause in its deliberations to memorialize 

22    Governor Kathy Hochul to proclaim February 18-25,  

23    2023, as National FFA Organization Week in the 

24    State of New York; and be it further 

25                 "RESOLVED, That a copy of this  


                                                               766

 1    resolution, suitably engrossed, be transmitted  

 2    to the Honorable Kathy Hochul, Governor of the 

 3    State of New York."

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Hinchey on the resolution.

 6                 SENATOR HINCHEY:   Thank you, 

 7    Madam President.  

 8                 I rise today in support of my 

 9    resolution proclaiming February 18th through 25th 

10    National FFA Organization Week here in the State 

11    of New York.

12                 Representing a rural district has a 

13    lot of incredible opportunities, but one that I 

14    am the most proud of is seeing our young people 

15    step up and step into a life of protecting our 

16    resources and protecting our agricultural lands 

17    and continuing the tradition that we have here in 

18    New York to make sure that we have a local food 

19    supply.

20                 In their motto "Living to serve" is 

21    a phrase that I believe everybody in this body 

22    lives by as well.  And so to see an organization 

23    filled with incredible, inspiring young people, 

24    starting out with that motto, dedicated to their 

25    communities, dedicated to the future of our 


                                                               767

 1    communities, is incredibly important and 

 2    inspiring to me personally.

 3                 I want to welcome members of our FFA 

 4    chapters here in New York specifically with a 

 5    special shout out to two in my district, 

 6    Greenville and Pine Plains, and recognize that 

 7    there are over 9,000 students participating in 

 8    161 chapters of FFA across our state.  And in 

 9    just the last five years, 70 new FFA chapters 

10    have started.  

11                 This is an incredible tradition and 

12    something that we need to make sure we are 

13    supporting here in New York.  Because as we see 

14    the future of the climate crisis and we see 

15    what's happening across our country, here in the 

16    State of New York we are going to be the bread 

17    basket of our country once again.  And making 

18    sure that we have young people who understand the 

19    importance of agriculture, who are stepping in to 

20    make sure we have that next generation protecting 

21    our food supply, supporting our animals, and 

22    really working to protect our environment through 

23    regenerative agriculture and climate-resilient 

24    farming, that is the way that we survive -- not 

25    just here in New York but we support our entire 


                                                               768

 1    country.  And that's the work that members of the 

 2    FFA are doing across our state every day.  

 3                 And so I rise to say thank you to 

 4    the teachers who support our students in this 

 5    incredible, important work, and thank you to our 

 6    students for your leadership in this incredibly 

 7    important space.  

 8                 With that, Madam President, I vote 

 9    aye.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator Hinchey.

12                 Senator Walczyk on the resolution.

13                 SENATOR WALCZYK:   Thank you, 

14    Madam President.  

15                 The FFA was founded almost a hundred 

16    years ago, and since then generations of young 

17    leaders have utilized FFA to not only become 

18    agriculturalists and environmentalists, but 

19    leaders of all sorts.  They're much more than 

20    future farmers of America.  They are future 

21    biologists and future chemists, future 

22    veterinarians, future engineers, future 

23    entrepreneurs in America.  There's 140 chapters 

24    here in New York State with over 7,000 active 

25    members.


                                                               769

 1                 FFA's motto is "Learning to Do, 

 2    Doing to learn, Earning to Live, and Living to 

 3    Serve."

 4                 It is because of students like them 

 5    in the gallery -- Sarah Downey, Luke Peck, their 

 6    advisor from Carthage, Jen Phelps, and the 

 7    advisor from Beaver River, Jarret Jacobs, along 

 8    with Sutton Barrett and Hanna Lighthall -- that 

 9    we should have hope for our future.  

10                 I am blessed to represent these 

11    future leaders and so proud to support this 

12    resolution for the Future Farmers of America.

13                 I vote aye.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you, Senator.  

16                 Senator Helming on the resolution.

17                 SENATOR HELMING:   Thank you, 

18    Madam President.  

19                 I really appreciate the opportunity 

20    to welcome our FFA student ambassadors to the 

21    State Capitol.  I'd like to take a moment and 

22    extend a special welcome to the FFA members of 

23    the Marion, Marcus Whitman, Southern Cayuga and 

24    Tully school districts.  I really and truly 

25    enjoyed our meeting and our conversation this 


                                                               770

 1    morning.

 2                 This is one of those very special 

 3    days for me.  I look forward to it every year.  

 4    Hearing from our FFA members always fills me with 

 5    great hope and optimism for our future.  

 6                 Many people are very familiar with 

 7    FFA as an organization with a focus on 

 8    agriculture, as a workforce development pipeline 

 9    for farmers, and an entry into ag careers.  What 

10    many don't realize is FFA members are interested 

11    in a variety of career paths.  Former FFA 

12    students that I've had the privilege of working 

13    with are now pursuing careers as teachers, 

14    doctors, scientists, business owners, and some 

15    are even proudly serving as members of the 

16    United States armed forces.

17                 I want to take a moment to applaud 

18    the FFA organization for including encouraging 

19    the personal growth and success of individual 

20    members through ag education.  I also want to 

21    take a moment to thank the wonderful teachers and 

22    mentors for their dedication and hard work 

23    helping our next generation rise up and develop 

24    their own unique talents.

25                 To all of our FFA visitors, thank 


                                                               771

 1    you again for taking the time to visit with 

 2    individual legislators and sharing your views on 

 3    important issues.

 4                 Madam President, I am proud to 

 5    support this resolution.  Thank you.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.

 8                 To our guests, FFA members, I 

 9    welcome you on behalf of the Senate.  We extend 

10    to you the privileges and courtesies of this 

11    house.  Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT PERSAUD:   The 

14    question is on the resolution.  All in favor of 

15    the resolution signify by saying aye.

16                 (Response of "Aye.")

17                 ACTING PRESIDENT PERSAUD:   Opposed, 

18    nay.

19                 (No response.)

20                 ACTING PRESIDENT PERSAUD:   The 

21    resolution is adopted.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Madam President, 

24    Senators Fernandez and Hinchey would like to open 

25    today's resolutions for cosponsorship.


                                                               772

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    resolutions are open for cosponsorship.  Should 

 3    you choose not to be a cosponsor of the 

 4    resolutions, please notify the desk.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   At this time can 

 7    you please recognize Senator Sanders for an 

 8    introduction.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Sanders for an introduction.

11                 SENATOR SANDERS:   Thank you, 

12    Madam President.  

13                 I want to congratulate the FFA 

14    students here, but I also want to speak to all of 

15    us and to a wider group in whole.  I want to 

16    speak about an introduction that needs no 

17    introduction.  

18                 I want to speak of -- when we think 

19    of great names that have come against the issue 

20    of the oppression of humanity, several names 

21    quickly come to mind: Lech Walesa in Poland, 

22    Martin Luther King in America, Gandhi in India.  

23                 But we are blessed to have lived in 

24    the time of Mandela.  We are blessed to have been 

25    born and raised in a time when we had a hero who 


                                                               773

 1    we could look up to.  

 2                 You know the story.  Imprisoned for 

 3    27 years for struggling for what people in 

 4    America take for granted, the question of 

 5    freedom.  That struggle did not break him.  

 6    Indeed, he broke the oppressive system by his 

 7    struggle.  

 8                 We live in a time when we were able 

 9    to look up and say, You know what?  Martin Luther 

10    King was right, nobody can ride your back if you 

11    stand up straight.  Nobody can do these things.  

12    And we had a living example of this in 

13    South Africa.

14                 So I am very honored today to have 

15    the grandson of the great leader in our presence.  

16    And not only is he in our presence, but he 

17    carries on the tradition.  He is an activist and 

18    a writer.  He understands that freedom is not 

19    free, that the struggle in South Africa is by no 

20    means over.  And he has taken that message around 

21    the world.  

22                 Madam President, I'm asking if we 

23    can give the courtesy of the Senate to our hero, 

24    the grandson of a great hero, Mr. Mandela, who is 

25    in our midst this afternoon.  With your 


                                                               774

 1    permission, Madam President.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you, Senator.

 4                 To our guest Mr. Mandela, I welcome 

 5    you on behalf of the Senate.  We extend to you 

 6    the privileges and courtesies of this house.  

 7                 Please rise and be recognized.

 8                 (Standing ovation.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    there will be an immediate meeting of the 

13    Rules Committee in Room 332.

14                 ACTING PRESIDENT PERSAUD:   There 

15    will be an immediate meeting of the 

16    Rules Committee in Room 332.

17                 The Senate will stand at ease.

18                 (Whereupon, the Senate stood at ease 

19    at 4:05 p.m.)

20                 (Whereupon, the Senate reconvened at 

21    4:13 p.m.)

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senate will come to order.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Madam President, 


                                                               775

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

 2    desk.  Can we take that up, please.  

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senator 

 6    Stewart-Cousins, from the Committee on Rules, 

 7    reports the following bills:

 8                 Senate Print 1032, by 

 9    Senator Jackson, an act to amend the Arts and 

10    Cultural Affairs Law; 

11                 Senate Print 1192, by 

12    Senator Persaud, an act to amend the 

13    Education Law;

14                 Senate Print 1988, by 

15    Senator Jackson, an act to amend the 

16    Education Law; 

17                 Senate Print 2140, by Senator Liu, 

18    an act to amend the Education Law; 

19                 Senate Print 2235, by Senator Mayer, 

20    an act to amend the Civil Rights Law;

21                 Senate Print 2621, by 

22    Senator Krueger, an act to amend the 

23    State Finance Law;

24                 Senate Print 2622, by 

25    Senator Rhoads, an act to amend a chapter of the 


                                                               776

 1    Laws of 2022; 

 2                 Senate Print 3385A, by 

 3    Senator Brisport, an act to establish a task 

 4    force on educator diversity in New York State; 

 5                 Senate Print 3408, by 

 6    Senator Parker, an act to amend the 

 7    Education Law.

 8                 All bills reported direct to third 

 9    reading.

10                 SENATOR GIANARIS:   Move to accept 

11    the report of the Rules Committee.

12                 ACTING PRESIDENT PERSAUD:   All 

13    those in favor of accepting the Rules Committee 

14    report signify by saying aye.

15                 (Response of "Aye.")

16                 ACTING PRESIDENT PERSAUD:   Opposed, 

17    nay.

18                 (No response.)

19                 ACTING PRESIDENT PERSAUD:   The 

20    report is adopted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Let's take up 

23    the reading of the calendar, please.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Secretary will read.


                                                               777

 1                 THE SECRETARY:   Calendar Number 99, 

 2    Senate Print 1331, by Senator Hoylman-Sigal, an 

 3    act to amend the Social Services Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    110, Assembly Print 997, by Assemblymember 

18    Forrest, an act to amend the Social Services Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

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

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

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               778

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    158, Assembly Print 975, by Assemblymember 

 9    Buttenschon, an act to amend the Penal Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 4.  This 

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

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

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Scarcella-Spanton to explain her vote.

20                 SENATOR SCARCELLA-SPANTON:   Thank 

21    you, Madam President.  

22                 For over a decade my predecessor, 

23    Senator Savino, worked on this legislation with a 

24    constituent of ours, Marty Wimmer, to make it a 

25    felony for cops, firefighters and EMTs to post 


                                                               779

 1    victim photos on the internet.  It took almost a 

 2    decade to get this passed and to make sure that 

 3    this would never happen to anybody else.  

 4                 This legislation rights the wrong 

 5    done to Marty's daughter Caroline and ensures 

 6    that victims of crime are treated with the 

 7    respect they deserve.  The bill, known as 

 8    Caroline's Law, will keep her memory alive and 

 9    protect the dignity of anybody who unfortunately 

10    faces this tragedy.  

11                 I'm so proud to stand here to vote 

12    in support of this today and finally see the 

13    dignity given to Caroline.  And I am so proud of 

14    the work that Marty Wimmer, our wonderful 

15    constituent -- who became like family to us 

16    through this process -- it's great to see it 

17    finally get done.  

18                 So thank you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Scarcella-Spanton to be recorded in the 

21    affirmative.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               780

 1                 THE SECRETARY:   Calendar Number 

 2    163, Assembly Print 976, by Assemblymember 

 3    Paulin, an act to amend the Public Health Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Webb to explain her vote.

13                 SENATOR WEBB:   Thank you, 

14    Madam President.  

15                 I rise today to explain my vote.  As 

16    the chair of the Senate Women's Issues Committee, 

17    I am proud that my first bill passed in the 

18    Senate will move forward with the implementation 

19    of the statewide electronic tracking system for 

20    evidence collection kits, more commonly known as 

21    rape kits.  

22                 I vote aye, and I encourage my 

23    colleagues to do the same.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Webb to be recorded in the affirmative.


                                                               781

 1                 Announce the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 163, voting in the negative:  

 4    Senator Walczyk.  

 5                 Ayes, 59.  Nays, 1.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Madam President, 

10    that was Senator Webb's first bill to pass the 

11    Senate.

12                 ACTING PRESIDENT PERSAUD:   

13    Congratulations, Senator.  

14                 (Standing ovation.)

15                 THE SECRETARY:   Calendar Number 

16    166, Senate Print 2229, by Senator Sanders, an 

17    act to amend the Banking Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 4.  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 PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               782

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    179, Senate Print 1419, by Senator Comrie, an act 

 8    to amend the Executive Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    shall have become a law.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 179, voting in the negative:  

21    Senator O'Mara.

22                 Ayes, 59.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               783

 1    180, Senate Print 1424, by Senator Bailey, an act 

 2    to amend the Executive Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

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

 7    shall have become a law.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 180, those Senators voting in the 

15    negative are Senators Borrello, Griffo, Helming, 

16    Murray, Oberacker, O'Mara, Ortt and Walczyk.

17                 Ayes, 52.  Nays, 8.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    181, Senate Print 1873, by Senator Webb, an act 

22    to amend the Executive Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               784

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Webb to explain her vote.

 7                 SENATOR WEBB:   Back again.  

 8                 I rise -- and thank you, 

 9    Madam President.  I am proud to stand today to 

10    speak in favor of my bill which will make it very 

11    easy for -- well, easier, rather, for minority- 

12    and women-owned businesses in New York State to 

13    access critical resources during a state disaster 

14    emergency.  

15                 New York is a leader in the nation 

16    in terms of providing economic empowerment and 

17    opportunities for MWBEs.  And because we 

18    understand that supporting our MWBEs not only 

19    ensures that we have a vibrant and diverse small 

20    business community, but by creating opportunity 

21    we also strengthen our economy.

22                 Madam President, I am very proud to 

23    tell you that we have continued to enact strong 

24    support and lift up MWBEs despite disruptions 

25    from the pandemic.


                                                               785

 1                 This legislation will ensure that 

 2    our MWBEs are able to access the support they 

 3    need in the event of a state disaster emergency, 

 4    so that they can continue to thrive, promote 

 5    economic development and opportunity, and 

 6    enabling them to grow and sustain our economy.

 7                 Thank you, Madam President, and 

 8    thank you to all my colleagues.  I proudly vote 

 9    aye.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Webb to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 181, voting in the negative:  

15    Senator Walczyk.

16                 Ayes, 59.  Nays, 1.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    187, Senate Print 702, by Senator Comrie, an act 

21    to amend the New York State Urban Development 

22    Corporation Act.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               786

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

 2    shall have become a law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    192, Senate Print 1862, by Senator Ryan, an act 

13    to amend the Urban Development Corporation Act.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 5.  This 

17    act shall take effect on the 180th day after it 

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Ryan to explain his vote.

24                 SENATOR RYAN:   Thank you, 

25    Madam President.


                                                               787

 1                 As we're coming out of the pandemic 

 2    and negotiating this era, we need to make sure 

 3    that our small businesses are strong.  And today 

 4    there's a package of bills that really reaffirms 

 5    our commitment to finding creative new ways to 

 6    support our small businesses and grow our 

 7    economy.  

 8                 Working to increase MWBE 

 9    participation in New York has the obvious benefit 

10    of making a more equitable economy.  But it's 

11    also a key strategy to ensure the continued 

12    growth of our economy.  An economy can only work 

13    if the economy is open to everyone in the state.  

14    And I thank my colleagues for putting forward 

15    these important pieces of legislation to promote 

16    the MWBE and the economic growth.

17                 Other bills in this package today 

18    include bills that assist businesses receiving 

19    grants from the federal government.  The federal 

20    government will do the work to vet the companies, 

21    to make sure that they have the most promising 

22    chances of growing, and the state will come in, 

23    they'll leverage that federal money with some 

24    state money.  So there's two bills on that.  

25                 The other one is the New York State 


                                                               788

 1    Innovation Voucher Program.  Often there's a 

 2    mismatch between the technology coming out of our 

 3    universities and small businesses who are trying 

 4    to apply that technology.  The research 

 5    facilities have the capability to help the small 

 6    businesses, but there's just no way for them to 

 7    interface.  This program will solve those 

 8    problems by helping to invest in projects that 

 9    will bring both groups closer together.

10                 What all these bills have in common 

11    is they're proven methods to spur innovation and 

12    economic growth while growing local small 

13    businesses, help create jobs throughout the 

14    state, and the jobs will be open to every 

15    New Yorker.  

16                 I'm thrilled to have the opportunity 

17    to bring these programs to New York, and I vote 

18    in the affirmative.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Ryan to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar Number 192, voting in the negative:  

24    Senator Skoufis.

25                 Ayes, 59.  Nays, 1. 


                                                               789

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    210, Senate Print 1824, by Senator Ryan, an act 

 5    to amend the Economic Development Law.

 6                 ACTING PRESIDENT PERSAUD:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect one year after it shall 

10    have become a law.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar Number 210, voting in the negative:  

18    Senator Skoufis.

19                 Ayes, 59.  Nays, 1.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 Senator Gianaris, that completes the 

23    reading of today's calendar.

24                 SENATOR GIANARIS:   Madam President, 

25    if we could return to motions for a moment, on 


                                                               790

 1    behalf of Senator Liu I offer the following 

 2    amendments to Calendar 287, Senate Print 2140, 

 3    and ask that said bill retain its place on Third 

 4    Reading Calendar.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    amendments are received, and the bill will retain 

 7    its place on the Third Reading Calendar.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Is there any 

10    further business at the desk?

11                 ACTING PRESIDENT PERSAUD:   There is 

12    no further business at the desk.

13                 SENATOR GIANARIS:   Move to adjourn 

14    until tomorrow, Wednesday, February 8th, at 

15    11:00 a.m.

16                 ACTING PRESIDENT PERSAUD:   On 

17    motion, the Senate stands adjourned until 

18    Wednesday, February 8th, at 11:00 a.m.

19                 (Whereupon, at 4:24 p.m., the Senate 

20    adjourned.)

21

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