Regular Session - February 13, 2023

                                                                   841

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 13, 2023

11                      3:39 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               842

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

 2                 ACTING PRESIDENT BAILEY:   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 BAILEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection and/or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   The 

14    reading of the Journal.

15                 THE SECRETARY:   In Senate, Friday, 

16    February 10, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Thursday, 

18    February 9, 2023, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   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 Breslin 


                                                               843

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 2200 and substitute it for 

 3    the identical Senate Bill 836, Third Reading 

 4    Calendar 45.

 5                 Senator Breslin moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 973 and substitute it for the identical 

 8    Senate Bill 839, Third Reading Calendar 48.

 9                 Senator Kennedy moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 602 and substitute it for the identical 

12    Senate Bill 840, Third Reading Calendar 49.

13                 Senator Skoufis moves to discharge, 

14    from the Committee on Rules, Assembly Bill 

15    Number 971 and substitute it for the identical 

16    Senate Bill 844, Third Reading Calendar 53.

17                 ACTING PRESIDENT BAILEY:   So 

18    ordered.

19                 Messages from the Governor.

20                 Reports of standing committees.

21                 Reports of select committees.

22                 Communications and reports from 

23    state officers.

24                 Motions and resolutions.

25                 Senator Gianaris.


                                                               844

 1                 SENATOR GIANARIS:   Good afternoon, 

 2    Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Good 

 4    afternoon.

 5                 SENATOR GIANARIS:   We're going to 

 6    begin with an introduction.  Please recognize 

 7    Senator Kennedy.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Kennedy for the purposes of an introduction.

10                 SENATOR KENNEDY:   Thank you, 

11    Mr. President.  

12                 I am honored to welcome Rhonda 

13    Frederick to the chamber today.  I ask Rhonda to 

14    stand and be recognized.  

15                 Rhonda is joined today by many 

16    extraordinary leaders, advocates, and parents 

17    from Western New York, including my friends 

18    Kevin Horrigan, Mindy Cervoni, Renee Phillips, 

19    Kathy Bunce, Wendy McCarthy, Kim Kadzolka, and 

20    Ernie Heywood.  

21                 Rhonda is a Western New York native 

22    and someone who's dedicated her life to helping 

23    improve the lives of others, particularly those 

24    within the community of people with disabilities.

25                 She began her career at People Inc. 


                                                               845

 1    in 1980, working in group homes and dayhab 

 2    programs, and over the course of the last four 

 3    decades that commitment has never wavered.

 4                 In fact, her dedication has grown 

 5    exponentially.  She was appointed president and 

 6    CEO of People Inc., Western New York's largest 

 7    human service provider, in the fall of 2014.  

 8    Rhonda led more than 3400 employees and oversaw 

 9    residential day services, in-home support, senior 

10    services, program development, and so much more.

11                 She is the reason so many have 

12    access to the services that they need.  She is 

13    the vision behind so much of People Inc.'s growth 

14    and expansion into our community.  And she is the 

15    reason so many people feel empowered to use their 

16    voice and fight for more opportunities and better 

17    person-centered care.

18                 After all her years of service, 

19    Rhonda is entering the next chapter of her life, 

20    retirement.  And although we will deeply miss her 

21    advocacy and her dedication to our community, we 

22    will continue to see her impact in the lives she 

23    changed and the services that are here because of 

24    her tireless work.

25                 Rhonda, thank you for all that 


                                                               846

 1    you've done for so many across our community in 

 2    Western New York, and across our great state, 

 3    over so many years.  Thank you for your 

 4    compassion and your strength, and thank you for 

 5    always leading with your heart.  May the years 

 6    ahead bring you joy and some well-deserved rest.

 7                 Mr. President, I ask you to 

 8    acknowledge Rhonda Frederick's lifetime of 

 9    service and extend to her all of the privileges 

10    of this chamber.  

11                 Congratulations.  

12                 MS. FREDERICK:  Thank you.

13                 ACTING PRESIDENT BAILEY:   To 

14    Ms. Frederick, we welcome you.  I welcome you on 

15    behalf of the Senate.  We extend to you all of 

16    the privileges and courtesies of this house.  

17                 Please rise and be recognized.

18                 (Standing ovation.)

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Gianaris.

21                 SENATOR GIANARIS:   Mr. President, 

22    next we're going to move on for another 

23    introduction.

24                 Please recognize Senator Salazar.  

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               847

 1    Salazar for the purposes of an introduction.

 2                 SENATOR SALAZAR:   Thank you, 

 3    Mr. President.  

 4                 I would like to welcome several 

 5    guests who are joining us today, members of the 

 6    Williamsburg Shomrim visiting us from my 

 7    district.  

 8                 The Hasidic Jewish community in our 

 9    Senate district includes tens of thousands of 

10    people who have lived in Williamsburg for 

11    generations.  Many Hasidic Jews first moved to 

12    the neighborhood from what was at the time the 

13    10th Ward of the Lower East Side, which was very 

14    overcrowded, where Eastern European Jews lived in 

15    the years before World War II.  By the late 1940s 

16    and the early 1950s, the Williamsburg Hasidic 

17    community grew further as Holocaust survivors, 

18    many of whom were Hasidic Jews from rural areas 

19    of Hungary and Romania, settled in Brooklyn.

20                 The Williamsburg Shomrim was founded 

21    in 1977 by a Holocaust survivor named Rabbi Moshe 

22    Huffman, who gathered some volunteers to assist 

23    the neighborhood in response to a wave of violent 

24    muggings targeting Jewish residents.  

25                 Shomrim became a neighborhood 


                                                               848

 1    organization for safety and crime-related matters 

 2    in the community, which continues to be the 

 3    majority of calls taken by Shomrim today.  The 

 4    vast majority of Shomrim members work night 

 5    shifts as a portal unit for a few hours a week.  

 6                 Today, Shomrim of Williamsburg 

 7    consists of over 100 volunteer members, a fleet 

 8    of community patrol cars with a mobile 

 9    communication truck, and a command center.  

10    Shomrim also conducts weekly trainings as needed, 

11    led by the members on duty.

12                 In the face of acts of hate that 

13    have targeted Hasidic Jews in Williamsburg, the 

14    daily work of Shomrim is as crucial as ever.  

15    Many Hasidic residents in Williamsburg call 

16    Shomrim in an emergency because Shomrim is 

17    typically able to respond even more quickly than 

18    the police.  They know the neighborhood well, and 

19    they are able to speak Yiddish to meet residents' 

20    language access needs.  

21                 I ask you to please recognize the 

22    Shomrim members who have joined us today in the 

23    Senate and extend to them all the privileges of 

24    the house.  

25                 Thank you.


                                                               849

 1                 ACTING PRESIDENT BAILEY:   Thank 

 2    you, Senator Salazar.  

 3                 To our guests, I welcome you on 

 4    behalf of the Senate.  We extend to you all of 

 5    the privileges and courtesies of this house.  

 6                 Please rise and be recognized.

 7                 (Standing ovation.)

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Gianaris.

10                 SENATOR GIANARIS:   Please take up 

11    the reading of the calendar.

12                 ACTING PRESIDENT BAILEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar Number 44, 

15    Senate Print 835, by Senator Comrie, an act to 

16    amend the Public Health Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

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

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

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               850

 1    the results.

 2                 THE SECRETARY:   Ayes, 56.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 45, 

 6    Assembly Print 2200, by Assemblymember McDonald, 

 7    an act to amend the Insurance Law and the 

 8    Public Health Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 6.  This 

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

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

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 45, those Senators voting in the 

21    negative are Senators Borrello, Gallivan, 

22    Oberacker and O'Mara.

23                 Ayes, 53.  Nays, 4.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               851

 1                 THE SECRETARY:   Calendar Number 48, 

 2    Assembly Print 973, by Assemblymember Gunther, an 

 3    act to amend the Public Health Law and the 

 4    Insurance Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    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 48, voting in the negative:  

16    Senator Walczyk.

17                 Ayes, 56.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 49, 

21    Assembly Print 602, by Assemblymember Fahy, an 

22    act to amend the Highway Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               852

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

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

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 57.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 53, 

12    Assembly Print Number 971, by Assemblymember 

13    Santabarbara, an act to amend the Agriculture and 

14    Markets Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

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

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:   In relation to 


                                                               853

 1    Calendar Number 53, those Senators voting in the 

 2    negative are Senators Ashby, Oberacker, O'Mara 

 3    and Stec.

 4                 Ayes, 53.  Nays, 4.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 61, 

 8    Senate Print 852, by Senator Skoufis, an act to 

 9    amend the Election Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  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 BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 57.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    284, Senate Print 1032, by Senator Jackson, an 

25    act to amend the Arts and Cultural Affairs Law.


                                                               854

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  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:   Ayes, 57.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    285, Senate Print 1192, by Senator Persaud, an 

15    act to amend the Education Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  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:   In relation to 


                                                               855

 1    Calendar Number 285, those Senators voting in the 

 2    negative are Senators Lanza, Oberacker, O'Mara 

 3    and Ortt.

 4                 Ayes, 53.  Nays, 4.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    286, Senate Print 1988, by Senator Jackson, an 

 9    act to amend the Education Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 286, voting in the negative:  

21    Senator Lanza.  

22                 Ayes, 56.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               856

 1    287, Senate Print 2140A, by Senator Liu, an act 

 2    to amend the Education Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

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

 7    shall have become a law.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Senator 

12    May to explain her vote.

13                 SENATOR MAY:   Thank you, 

14    Mr. President.

15                 I am proud to support this package 

16    of bills that's about teacher diversity in 

17    New York State.  

18                 I had the pleasure of touring a 

19    school in my district that was about 90 percent 

20    Black students and the rest mostly Latina 

21    students.  And I went from classroom to 

22    classroom, and the white teachers were having a 

23    lot of trouble keeping their kids engaged and 

24    spending a lot of time on discipline and less on 

25    content.  


                                                               857

 1                 And then the final classroom was a 

 2    young Black teacher who had been a teacher's aide 

 3    in this school and had come up through the ranks 

 4    to become a teacher.  She was teaching social 

 5    studies, and the kids were spellbound.  And they 

 6    were falling all over themselves to answer her 

 7    questions, because she was making it relatable to 

 8    her own life and to their lives.  

 9                 I -- it was just the perfect 

10    illustration of how important teacher diversity 

11    is in our schools, and I'm proud that we're 

12    passing this legislation.

13                 I vote aye.  Thank you.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    May to be recorded in the affirmative.  

16                 Announce the results.

17                 THE SECRETARY:   Ayes, 57.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    291, Senate Print 3385A, by Senator Brisport, an 

22    act to establish a task force on educator 

23    diversity in New York State.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               858

 1                 THE SECRETARY:   Section 4.  This 

 2    act shall take effect immediately.  

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 291, those Senators voting in the 

10    negative are Senators O'Mara and Weik.

11                 Ayes, 55.  Nays, 2.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    292, Senate Print 3408, by Senator Parker, an act 

16    to amend the Education Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               859

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 292, voting in the negative:  

 3    Senator Oberacker.

 4                 Ayes, 56.  Nays, 1.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 Senator Gianaris, that completes the 

 8    reading of today's calendar.

 9                 SENATOR GIANARIS:   Thank you, 

10    Mr. President.  If we could return for a moment 

11    to motions and resolutions.  

12                 On behalf of Senator Parker, on 

13    page 18 I offer the following amendments to 

14    Calendar 237, Senate Print 2935, and ask that 

15    said bill retain its place on the Third Reading 

16    Calendar.

17                 ACTING PRESIDENT BAILEY:   The 

18    amendments are received, and the bill will retain 

19    its place on the Third Reading Calendar.

20                 SENATOR GIANARIS:   Is there any 

21    further business at the desk?  

22                 ACTING PRESIDENT BAILEY:   There is 

23    no further business at the desk.  

24                 SENATOR GIANARIS:   Move to adjourn 

25    until tomorrow, Valentine's Day, Tuesday, 


                                                               860

 1    February 14th, at 3:00 p.m.

 2                 ACTING PRESIDENT BAILEY:   On 

 3    motion, the Senate stands adjourned until 

 4    tomorrow, February 14th, Valentine's Day, at 

 5    3:00 p.m.

 6                 (Whereupon, at 3:53 p.m., the Senate 

 7    adjourned.)

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