Regular Session - March 1, 2023
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 1, 2023
11 11:32 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JEREMY A. COONEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT COONEY: 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 COONEY: Reverend
9 Kevin T. Taylor, pastor of Israel African
10 Methodist Episcopal Church in Albany, New York,
11 will deliver today's invocation.
12 Pastor.
13 PASTOR TAYLOR: Thank you.
14 Let us pray.
15 God, we thank You for this day, and
16 we thank You for this opportunity.
17 We thank You, Lord, for allowing us
18 to come together to do the work of the people of
19 New York State.
20 We pray, Lord, right now for each
21 and every Senator, for each and every staff
22 member, for each and every family that is
23 represented here today. And we are asking, God,
24 that this time that we have allotted to do the
25 people's work would be pleasing in Your sight.
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1 Lord, as we begin this session, this
2 budget season, Lord, we know that there are so
3 many priorities on the calendar, Lord, from
4 hunger to climate change, from healthcare to our
5 children. And, God, we're just asking that as
6 this body deliberates, that they would do their
7 work, Lord, without being disagreeable, that they
8 can disagree without being disagreeable, that
9 they can disagree and commit to doing what is
10 pleasing in Your sight.
11 We ask, God, right now that You
12 would help them to come together to be able to
13 work for Your glory.
14 And as we begin this Women's History
15 Month, we thank You, God, for the many women who
16 have served this institution well and are
17 continuing to make history today and always.
18 It's in Jesus' name we pray. Amen.
19 (Response of "Amen.")
20 ACTING PRESIDENT COONEY: Thank
21 you, Pastor.
22 Reading of the Journal.
23 THE SECRETARY: In Senate, Tuesday,
24 February 28, 2023, the Senate met pursuant to
25 adjournment. The Journal of Monday, February 27,
1129
1 2023, was read and approved. On motion, the
2 Senate adjourned.
3 ACTING PRESIDENT COONEY: Without
4 objection, the Journal stands approved as read.
5 Presentation of petitions.
6 Messages from the Assembly.
7 The Secretary will read.
8 THE SECRETARY: Senator
9 Scarcella-Spanton moves to discharge, from the
10 Committee on Investigations and Government
11 Operations, Assembly Bill Number 2902 and
12 substitute it for the identical Senate Bill
13 3364A, Third Reading Calendar 281.
14 ACTING PRESIDENT COONEY: So
15 ordered.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Gianaris.
23 SENATOR GIANARIS: Good morning,
24 Mr. President.
25 Can we begin by taking up previously
1130
1 adopted Resolution 478, have it read in its
2 entirety, and recognize Senator Webb on the
3 resolution.
4 ACTING PRESIDENT COONEY: The
5 Secretary will read.
6 THE SECRETARY: Senate Resolution
7 478, by Senator Stewart-Cousins, memorializing
8 Governor Kathy Hochul to proclaim March 2023 as
9 Women's History Month in the State of New York.
10 "WHEREAS, March is Women's History
11 Month; and
12 "WHEREAS, March 8th is International
13 Women's Day; and
14 "WHEREAS, Each year New York State
15 officially sets aside time to recognize the
16 unique contributions that New York women have
17 made to New York State and beyond; and
18 "WHEREAS, New York State has a
19 distinguished history of monumental achievements
20 in the area of women's rights; and
21 "WHEREAS, In 1826, New York State
22 opened one of the first public high schools for
23 girls, resulting in a future for women in which
24 they were no longer confined to the home, a
25 future in which they were educated and able to
1131
1 use this education to better their social and
2 economic status; and
3 "WHEREAS, In 1848 in New York, the
4 first women's rights convention was held at
5 Seneca Falls to secure for all women the right to
6 vote; and
7 "WHEREAS, In 1903, The Women's Trade
8 Union League of New York was formed to represent
9 working women, later becoming the nucleus for the
10 International Ladies' Garment Workers' Union; and
11 "WHEREAS, In 1917, New York
12 guaranteed women the right to vote in all
13 elections, and in the following year the first
14 two women, Ida Sammis and Mary Lilly, were
15 elected to the New York State Legislature and
16 became the first women to then serve in 1919; and
17 "WHEREAS, In 1955, Bessie Buchanan
18 was the first African-American woman to serve in
19 the New York State Legislature; and
20 "WHEREAS, In 1967, Muriel Siebert
21 became the first woman to own a seat on the
22 New York Stock Exchange, opening the door for
23 women to gain positions of greater economic
24 power; and
25 "WHEREAS, In 1968, New York State
1132
1 Assemblywoman Shirley Chisholm became the first
2 Black woman elected to Congress, and in 1972 she
3 ran for President of the United States, another
4 first for Black women; and
5 "WHEREAS, In 1970, New York City was
6 the site of the first Women's Strike for Equality
7 in which 50,000 people marched for equal rights;
8 and
9 "WHEREAS, In 1978, Olga Mendez
10 became the first Latina woman to serve in the
11 New York State Legislature; and
12 "WHEREAS, In 1983, New York State
13 women legislators established the Legislative
14 Women's Caucus to improve the participation of
15 women in all areas of government, support issues
16 that benefit women, and provide a network of
17 support for women in the State Legislature; and
18 "WHEREAS, In 2007, Ellen Young was
19 the first Asian-American woman to serve in the
20 New York State Legislature; and
21 "WHEREAS, In 2009, New Yorker Sonia
22 Sotomayor became the first Hispanic Justice
23 appointed to the United States Supreme Court; and
24 "WHEREAS, In 2015, New Yorker
25 Loretta Elizabeth Lynch was appointed as
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1 Attorney General of the United States, becoming
2 the first African-American woman to serve in this
3 esteemed position; and
4 "WHEREAS, New York has been the home
5 of many extraordinary women who have led society
6 to a better future: Elizabeth Cady Stanton and
7 Susan B. Anthony led the campaign for women's
8 suffrage; Sojourner Truth spoke out for the
9 abolition of slavery and for suffrage for all
10 women; and
11 "WHEREAS, Carrie Chapman Catt
12 became the first president of the League of
13 Women Voters; Emma Willard opened the first
14 endowed institution for the education of women;
15 Civil War surgeon Dr. Mary E. Walker was the only
16 woman ever awarded the Congressional Medal of
17 Honor; Harriet Tubman was an abolitionist who led
18 slaves to freedom by way of the Underground
19 Railroad in the 19th century; and
20 "WHEREAS, Elizabeth Blackwell and
21 Belva Lockwood were the first women in the fields
22 of medicine and law; pioneer birth control
23 educator and advocate Margaret Sanger established
24 a research center in New York City; and
25 "WHEREAS, Emma Goldman founded the
1134
1 Free Speech League which led to the American
2 Civil Liberties Union; humanitarian Eleanor
3 Roosevelt served as United States Delegate to the
4 United Nations; and
5 "WHEREAS, New Yorker Edith Windsor
6 fought to expand marriage equality in the
7 United States prior to the Marriage Equality Act
8 of New York, which became law in 2011; and
9 "WHEREAS, Civil rights lawyer and
10 New York State Senator Constance Baker Motley
11 became the first Black woman to sit on the U.S.
12 District Court in New York; and there have been
13 so many more known and unknown women who
14 championed rights and opportunity for all; and
15 "WHEREAS, New York State has hosted
16 many conventions, campaigns and events of the
17 Women's Rights Movement, from the 1848 convention
18 at Seneca Falls to the 1999 Berkshire Conference
19 of Women Historians, which was held to improve
20 the status of women in history and in the
21 historical professions; and
22 "WHEREAS, 50 percent of statewide
23 elected officials are women, and for the first
24 time a woman has been elected Attorney General in
25 the State of New York; and
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1 "WHEREAS, 2023 marks the
2 103rd anniversary of the 19th Amendment, which
3 guaranteed women the right to vote in the
4 United States; and
5 "WHEREAS, Today, 73 women serve in
6 the New York State Legislature, making up
7 34 percent of the seats, holding leadership
8 positions in both houses and bringing the diverse
9 experiences of women into law and public policy;
10 now, therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to memorialize
13 Governor Kathy Hochul to proclaim March 2023 as
14 Women's History Month in the State of New York;
15 and be it further
16 "RESOLVED, That copies of this
17 resolution, suitably engrossed, be transmitted to
18 the Honorable Kathy Hochul, Governor of the State
19 of New York, and the Legislative Women's Caucus
20 of New York State."
21 ACTING PRESIDENT COONEY: Senator
22 Webb on the resolution.
23 SENATOR WEBB: Thank you.
24 I rise to thank my Senate
25 colleagues, and Mr. President, for supporting
1136
1 this resolution memorializing Governor
2 Kathy Hochul to proclaim the month of March as
3 Women's History Month in the State of New York.
4 As we gather here today in the
5 Senate chamber, we also are marking the end of
6 Black History Month -- though we celebrate Black
7 History Month every day in this chamber -- and
8 also commemorate the beginning of Women's History
9 Month. And as the Secretary read, we have such a
10 rich legacy of women leaders right here in our
11 State of New York.
12 And so we also continue that legacy
13 right here in the Senate chamber because we do
14 this under the leadership of Majority Leader
15 Andrea Stewart-Cousins, who is the first
16 Black woman to lead the New York State Senate,
17 and we do this also with a historic class of
18 freshmen Senators. We made women's history when
19 we were sworn in just two months ago -- though it
20 feels like it's been longer -- as the first
21 all-women class of incoming Senators in the
22 245-year history of the Senate.
23 I am inspired by the good work we
24 have already done for our communities, and I am
25 proud that we will pave the way for future
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1 generations of women leaders.
2 And I also want to share a quote
3 from one of my own personal sheroes and also a
4 former great leader here in New York and in our
5 country, Shirley Chisholm. And this particular
6 quote speaks to why it's important to lift up
7 historic months like this, because, as she said:
8 "At present our country needs women's idealism
9 and determination perhaps more in politics than
10 anywhere else."
11 Mr. President, as the chair of the
12 Women's Issues Committee, I would also like to
13 take a moment, as we mark the beginning of
14 Women's History Month here today, to applaud the
15 critical work we are doing in this Senate chamber
16 to protect the rights of women and ensure that
17 our state remains a sanctuary for reproductive
18 health in the wake of the Supreme Court's
19 decision to overturn Roe v. Wade.
20 It is also important that we
21 continue to work to improve outcomes from
22 maternal health for all women, but especially for
23 Black mothers and their babies, and also other
24 historically marginalized groups, because we know
25 that they experience the worst childbirth
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1 outcomes in the United States, regardless of
2 their socioeconomic status.
3 So again, as we mark the beginning
4 of Women's History Month, I hope you will join me
5 in reaffirming our commitment to equal rights,
6 representation, and full access to reproductive
7 health for all women and girls of New York.
8 I am very proud to be voting in
9 favor of this resolution, and I hope you all will
10 join me as colleagues in celebrating Women's
11 History Month by voting aye.
12 Thank you.
13 ACTING PRESIDENT COONEY: Thank
14 you, Senator Webb.
15 Senator May on the resolution.
16 SENATOR MAY: Thank you,
17 Mr. President.
18 I want to thank Senator Webb for
19 bringing this resolution, the Majority Leader,
20 and all of my colleagues who are giving us this
21 moment to recognize the importance of women's
22 history in New York.
23 The City of Auburn is new to my
24 district, and I have been trying to learn what I
25 can about the history there. They call it
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1 "History's Hometown." And one of the important
2 historical sites is the home of the Seward
3 family. William Henry Seward was a New York
4 State Senator and Governor, and then the
5 Secretary of State in the Lincoln administration,
6 and he was renowned for his abolitionist
7 tendencies and advocating the end of slavery.
8 But every time he waffled on this
9 issue, every time he backtracked, his wife
10 Frances was there, pushing and pushing and
11 pushing. And the more I learn about her and her
12 influence on her husband and on the -- what the
13 Lincoln administration eventually did, the more I
14 realize we -- there are a lot of unsung heroes
15 among the women of this state.
16 And I'm very proud to represent the
17 City of Auburn, and I hope everybody will come
18 and visit the Seward House, because it's an
19 amazing historical site here in New York State
20 and, I think, a place we can really celebrate
21 women's history, among many others in this state.
22 Thank you.
23 ACTING PRESIDENT COONEY: Thank
24 you, Senator May.
25 Senator Cleare on the resolution.
1140
1 SENATOR CLEARE: Thank you,
2 Senator Webb, for introducing this important
3 resolution.
4 And thank you to my colleagues for
5 celebrating this important month.
6 As was mentioned, Constance Baker
7 Motley was among the first, but she was among
8 many firsts. And I just wanted to speak on her
9 being the original author of the complaint in
10 Brown v. Board of Education. And she was the
11 first African-American Senator in New York State.
12 I walk in her footsteps. I am the
13 second from my district. But every day I think
14 about her, and because of her, there is me. And
15 there are others.
16 So I am very proud of our
17 achievements and our accomplishments, and I just
18 want us to uplift women at all times and keep
19 that door open.
20 So today I am very proud of Women's
21 History Month, and I vote aye. Thank you.
22 ACTING PRESIDENT COONEY: Thank
23 you, Senator Cleare.
24 The resolution was previously
25 adopted on February 28th.
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1 Senator Gianaris.
2 SENATOR GIANARIS: Thank you,
3 Mr. President.
4 Can we now move to previously
5 adopted Resolution 313, by Senator Griffo, read
6 that resolution's title, and recognize
7 Senator Griffo.
8 ACTING PRESIDENT COONEY: The
9 Secretary will read.
10 THE SECRETARY: Senate Resolution
11 313, by Senator Griffo, commemorating the
12 31st Anniversary of the Independence of Bosnia
13 and Herzegovina on March 1, 2023.
14 ACTING PRESIDENT COONEY: Senator
15 Griffo on the resolution.
16 SENATOR GRIFFO: Thank you,
17 Mr. President.
18 It's a pleasure to be joined today
19 by a distinguished group of citizens from our
20 community, the Bosnian community in the City of
21 Utica.
22 As you know, that we in this chamber
23 have traditionally celebrated and commemorated
24 the fight for independence. I know on Monday it
25 was Dominican Independence Day for the Dominican
1142
1 Republic, and today we -- it's a pleasure to have
2 so many people join us to commemorate and to
3 celebrate Bosnian Independence Day.
4 With us today in the audience in the
5 East Gallery are Hanka Grabovica, who is an
6 educator with the Utica Academy of Science and
7 also heads the Bosnian American Community
8 Association of Utica. She is joined by a number
9 of citizens, and I'll just identify a couple who
10 are here from various sectors: Osman Ruznic, who
11 is a distinguished businessman in the city of
12 Utica; and Mirza Tihic, who is from academia, a
13 professor at Syracuse University; and
14 Investigator Dino Jukic, who is with the
15 Utica Police Department, law enforcement.
16 Bosnia and Herzegovina became
17 independent from the former Yugoslavia with a
18 referendum held between February 29th and
19 March 1st of 1992. That independence was
20 officially declared on March 3rd, and Bosnia and
21 Herzegovina was then admitted as a member state
22 of the United Nations in May of 1992.
23 Unfortunately, as we all recall
24 through history, there was a political upheaval
25 that would eventually turn into a bloody and
1143
1 brutal war, and there was no doubt that that war
2 had a devastating effect on the country's
3 population and no doubt that it's still felt to
4 this day.
5 There were major efforts undertaken
6 with refugee programs, and the United States and
7 our communities here in New York benefited from
8 receiving a number of individuals from Bosnia.
9 Studies have concluded that the
10 death toll from that war unfortunately was over
11 100,000 individuals. More than 2 million were
12 displaced during that conflict.
13 So today we're provided with an
14 opportunity to remember and to reflect on all
15 those who lost their lives in their quest for
16 freedom, and to recognize the significance and
17 the many contributions that Bosnians have made to
18 communities throughout this state since their
19 arrival here.
20 I see these contributions each and
21 every day in my Senate district, especially in
22 the City of Utica, where over 8,000 refugees from
23 Bosnia and Herzegovina have been resettled.
24 These individuals and their families have helped
25 to rebuild our community, to reenergize our
1144
1 community and the region. They are great
2 examples of putting forth hard work,
3 determination, and resolve, and they have done so
4 much to improve the quality of life for the
5 Mohawk Valley, Central New York, and New York
6 State as a whole.
7 So it is my pleasure to have all
8 these guests join us from the Bosnian community
9 today. And I would ask, Mr. President, that we
10 give to them all of the privileges and courtesies
11 of this house, and thank them for their many
12 contributions and recognize the significance of
13 what this day means relative to commemorating and
14 recognizing their independence.
15 ACTING PRESIDENT COONEY: Thank
16 you, Senator Griffo.
17 To our guests, I welcome you on
18 behalf of the Senate. We extend to you the
19 privileges and courtesies of this house.
20 Please rise and be recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT COONEY: The
23 resolution was previously adopted on
24 January 31st.
25 Senator Gianaris.
1145
1 SENATOR GIANARIS: And now can we
2 move to previously adopted Resolution 459, by
3 Senator Stec, read that resolution's title, and
4 recognize Senator Stec, please.
5 ACTING PRESIDENT COONEY: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 459, by Senator Stec, mourning the death of
9 Sue Montgomery Corey, distinguished citizen,
10 caring family member and devoted member of her
11 community.
12 ACTING PRESIDENT COONEY: Senator
13 Stec on the resolution.
14 SENATOR STEC: Thank you very much
15 for allowing me to briefly interrupt our
16 proceedings to recognize and mourn the death of a
17 great North Country citizen who passed away in
18 January of this year: Sue Montgomery Corey.
19 I had the good fortune of knowing
20 Sue since my entry into politics up north. And
21 she was many things. She was certainly a mother
22 and a grandmother and well thought of in her
23 community.
24 But as we kick off the beginning of
25 Women's History Month, I think it's important to
1146
1 note and recognize that Sue Montgomery Corey was
2 elected the first female town supervisor of the
3 Town of Minerva in Essex County back in 2009.
4 She was a Democratic elections
5 commissioner for Essex County. She spent a lot
6 of time mentoring young people in the local
7 schools.
8 She was born and raised in the
9 North Country. It's amazing that she touches
10 just about every corner of my Senate district.
11 She was born in Potsdam. She attended
12 Altona Central School and graduated from
13 Northern Adirondack Central High School. She was
14 educated at St. Lawrence University. She also
15 got a degree from Rensselaer Polytechnic
16 Institute.
17 But again, the first female
18 supervisor of the Town of Minerva. A friend to
19 everyone in Essex County. A hard worker. She
20 spent the last eight years of her life in
21 Indian Lake as the director of the Indian Lake
22 Theater.
23 And just wonderful to recognize her,
24 especially today when we wanted to pause because
25 I also know that there's a connection that she
1147
1 has to this chamber, in that her daughter Emma
2 works for one of our colleagues, Senator Skoufis.
3 And I believe Senator Skoufis would like to also
4 speak on the resolution.
5 But on behalf of myself and my
6 Senate district and I'm sure the entire chamber
7 here, we certainly mourn the loss of Sue
8 Montgomery Corey's life, and we certainly extend
9 our condolences and sympathies to her family and
10 especially her daughter Emma, who works with us.
11 Thank you.
12 ACTING PRESIDENT COONEY: Thank
13 you, Senator Stec.
14 Senator Skoufis on the resolution.
15 SENATOR SKOUFIS: Thanks very much,
16 Mr. President.
17 And I first want to extend my
18 gratitude to my colleague for his kind words for
19 the family and for introducing this resolution.
20 Yes, Sue Montgomery Corey -- I've
21 never met her, but by everything I've heard and
22 everything I've read and certainly what we just
23 heard on the floor, she was a remarkable woman in
24 not just her specific community but the entire
25 North Country region.
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1 And she was taken from her
2 family and her community at the far too early age
3 of 64, after a long battle with cancer.
4 Everyone that knew her characterized
5 her as a woman of immense kindness and wisdom.
6 But in addition to being a loving and caring
7 spouse and mother, she was also a dedicated
8 professional. And usually at the core of that
9 work was public service -- as we just heard,
10 first as the first woman supervisor of Minerva,
11 but also as an elections commissioner for her
12 county, also as the director of the local
13 community theater, and so many other roles.
14 She's survived by her husband, Mike;
15 her son, Eben, who's here, along with her
16 daughter -- who, as mentioned before, is my
17 office's director of communications -- Emma.
18 And it is just so wonderful to know,
19 as I'm sure it's wonderful for her family to
20 know, that so many of the qualities that
21 Sue possessed live on through her daughter Emma:
22 The love for creativity and the arts, the
23 intellect, the care, the thoughtfulness, and
24 certainly the -- at the core of Emma's
25 professionalism, and that's public service.
1149
1 And so I want to thank the sponsor,
2 my colleague. I want to thank you,
3 Mr. President. And I want to thank the chamber
4 for pausing to remember Sue Montgomery Corey.
5 And it's heartwarming for me to know
6 that Sue's legacy and her memory lives on through
7 her family, and especially Emma. May her memory
8 indeed be a blessing.
9 Thank you.
10 ACTING PRESIDENT COONEY: Thank
11 you, Senator Skoufis.
12 The resolution was previously
13 adopted on February 28th.
14 Senator Gianaris.
15 SENATOR GIANARIS: At the request
16 of the sponsors, all the resolutions we took up
17 today are open for cosponsorship.
18 ACTING PRESIDENT COONEY: The
19 resolutions are open for cosponsorship. Should
20 you choose not to be a cosponsor of the
21 resolutions, please notify the desk.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 there's a privileged resolution at the desk. Can
25 we please take that up, read its title, and
1150
1 recognize Senator Mayer on the resolution.
2 ACTING PRESIDENT COONEY: There is
3 a privileged resolution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Resolution 479, by
6 Senator Mayer, Concurrent Resolution of the
7 Senate and Assembly providing for the election of
8 three Regents of the University of the State of
9 New York.
10 ACTING PRESIDENT COONEY: Senator
11 Mayer on the resolution.
12 SENATOR MAYER: Thank you,
13 Mr. President.
14 It's my honor to rise in support of
15 this resolution by which the Legislature is
16 naming three members to the Board of Regents.
17 And everyone doesn't really
18 understand the importance of the Board of
19 Regents; they get it confused with the Regents,
20 the exam. But the Board of Regents is 17 members
21 who are elected by the State Legislature for
22 five-year terms, and each comes from one of the
23 state's 13 Judicial Districts, and four members
24 who serve at large.
25 This group is responsible for the
1151
1 vast majority of the education policy of New York
2 State as well as many areas of professional
3 responsibility that are handled by the State
4 Education Department.
5 They are people who are not paid for
6 their work, and yet their work impacts almost
7 every -- certainly every student and many, many
8 adults. It is one of the most important
9 institutions of New York State government.
10 So I'm pleased that today we are
11 voting to reappoint Judith Chin, who is the
12 current Regent from the 11th Judicial District in
13 Queens, and Aramina Vega Ferrer, who is currently
14 the Regent from the 12th Judicial District in the
15 Bronx; and one new Regent, Adrian Hale, from the
16 Seventh Judicial District in Rochester.
17 And these three individuals will
18 join the Board of Regents pursuant to this
19 Concurrent Resolution adopted by the Assembly and
20 the Senate. And under the direction of
21 Chancellor Lester Young, who is the chair of the
22 Board of Regents and Commissioner Betty Rosa,
23 they will help determine probably one of the most
24 important areas of state government, which is the
25 state's education policy.
1152
1 So I encourage all my colleagues to
2 vote in support of these three very fine members
3 who will join the Board of Regents and help us
4 move New York State forward.
5 I vote aye and encourage all my
6 colleagues to do the same.
7 ACTING PRESIDENT COONEY: Thank
8 you, Senator Mayer.
9 Senator Stavisky on the resolution.
10 SENATOR STAVISKY: Yes, thank you,
11 Mr. Chairman.
12 And I too rise in support of the
13 three candidates, two for reelection and one new
14 candidate.
15 I've spoken many times, both here
16 and when we were in the Assembly chamber with the
17 Concurrent Resolution, about the long history of
18 the Regents in New York State. It goes back to
19 the colonial period. And I used to enjoy reading
20 about former Regent Alexander Hamilton.
21 And I say to the three Regents -- in
22 fact, to the entire board -- you are continuing a
23 tradition that is unique to New York State. Very
24 few states elect their chief education officers
25 the way we do, by concurrent resolution or a
1153
1 joint resolution of the Legislature.
2 I particularly want to mention
3 Regent Chin, because she is a resident of my new
4 district. I've known her for many years, since
5 her days as superintendent in Community School
6 District 25. And she went on to other
7 supervisory positions.
8 And to Chancellor Lester Young,
9 who's also a constituent.
10 And I commend the entire Board of
11 Regents for volunteering, for doing the people's
12 work and continuing the tradition started by our
13 colonial leaders during the federal period.
14 Thank you, Mr. President. I vote
15 aye.
16 ACTING PRESIDENT COONEY: Thank
17 you, Senator Stavisky.
18 Senator Murray on the resolution.
19 SENATOR MURRAY: Thank you very
20 much.
21 I'd like to echo some of the
22 sentiments here about the importance of what
23 we're doing, of voting on the Regents, and the
24 service they provide.
25 I spent time in the Assembly, and in
1154
1 my time there I sat in on all of the interviews,
2 the entire interview process. It was long, but
3 it was -- it was very good. It was a good
4 process. They've done it again this time,
5 weeding through and picking out the best
6 candidates.
7 So why are we lumping them together
8 in one vote? These are three individual
9 candidates, individual resumes. There have been
10 individual interviews conducted. And yet we're
11 voting, one vote, three different candidates.
12 There may be one that we think is fantastic, one
13 maybe we could have chosen better. But our
14 choice today is up or down, yes or no on all
15 three.
16 I think it's ridiculous. We should
17 have the opportunity to vote on each individual
18 one, on their merits. And that would be the best
19 process to get the best people.
20 So I will not be supporting this.
21 ACTING PRESIDENT COONEY: Thank
22 you, Senator Murray.
23 The question is on the resolution.
24 The Secretary will call the roll.
25 (The Secretary called the roll.)
1155
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Resolution 479, those Senators voting in the
5 negative are Senators Ashby, Borrello,
6 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
7 Lanza, Martins, Mattera, Murray, Ortt, Palumbo,
8 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
9 and Senator Weik.
10 Ayes, 41. Nays, 19.
11 ACTING PRESIDENT COONEY: The
12 resolution is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Can we take up
15 the reading of the calendar, please.
16 ACTING PRESIDENT COONEY: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 183, Senate Print 201, by Senator Cleare, an act
20 to amend the Insurance Law.
21 ACTING PRESIDENT COONEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT COONEY: Call the
1156
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Senator
4 Cleare.
5 SENATOR CLEARE: Thank you.
6 Mr. President, when a woman is
7 pregnant, the ability to not only access but
8 receive comprehensive healthcare is vital -- not
9 only for the mother, but for the entire life
10 trajectory of the child upon birth.
11 New York wisely added pregnancy to
12 the special enrollment period in 2016, allowing
13 pregnant women to apply for insurance in an
14 expedient manner. However, this cannot be done
15 as easily as it should be, and applying is not
16 the same thing is receiving. It requires a
17 medical visit to certify the pregnancy, which can
18 mean fees, bills and charges. Then you have to
19 navigate the marketplace and find a plan, and
20 many plans charge premiums or require
21 contributions.
22 On top of these premiums, health
23 insurers have the discretion to charge fees to
24 pregnant women who exercise the special
25 enrollment period option.
1157
1 Women have shared with us that fees
2 and impediments exist, and we believe them.
3 Given that the law does not prohibit fees in this
4 instance and no health plan denies the right to
5 do so, preventive measures are required.
6 Accordingly, today we have the
7 foresight to remove one more barrier to care. I
8 urge my colleagues to support this legislation
9 and join me in voting aye.
10 ACTING PRESIDENT COONEY: Senator
11 Cleare to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 196, Senate Print 1733, by Senator Mayer, an act
18 to amend the Education Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This act
22 shall take effect on the first of July.
23 ACTING PRESIDENT COONEY: Call the
24 roll.
25 (The Secretary called the roll.)
1158
1 ACTING PRESIDENT COONEY: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 196, those Senators voting in the
5 negative are Senators Ashby, Borrello,
6 Canzoneri-Fitzpatrick, Griffo, Helming, Lanza,
7 Martins, Mattera, Murray, Ortt, Palumbo, Rhoads,
8 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
9 Ayes, 42. Nays, 18.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 234, Senate Print 2623, by Senator Parker, an act
14 to direct the Department of State and the
15 Public Service Commission to jointly study
16 consumer credit reporting.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Announce
25 the results.
1159
1 THE SECRETARY: In relation to
2 Calendar Number 234, voting in the negative:
3 Senator Ortt.
4 Ayes, 59. Nays, 1.
5 ACTING PRESIDENT COONEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 246, Senate Print 1451, by Senator Sanders, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT COONEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT COONEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT COONEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 248, Senate Print 1867, by Senator Brouk, an act
24 to amend the Public Health Law.
25 ACTING PRESIDENT COONEY: Read the
1160
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect six months after it shall
4 have become a law.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Senator
9 Brouk to explain her vote.
10 SENATOR BROUK: Thank you,
11 Mr. President.
12 I wanted to speak on this because I
13 wanted to make sure that we all understood the
14 importance of it, because sometimes in this
15 chamber we do really, really big things that
16 change the course of history, like passing the
17 Equal Rights Amendment consecutively in two
18 legislative sessions. And sometimes we do things
19 that are quite small, incremental changes that
20 maybe affect a few hundred people in a town or a
21 village in New York.
22 And then sometimes we do things that
23 seem small but that will actually have huge
24 implications for people in the State of New York.
25 And that's what I think this directory bill will
1161
1 do.
2 But to understand the importance of
3 this bill is also to understand what is a doula.
4 And doulas are nonclinical professionals who
5 provide informational, emotional and physical
6 support to birthing people before they give
7 birth, during the birthing process, and in the
8 postpartum time.
9 And when you look at the statistics
10 of what a doula can mean for someone, they make
11 it so that they decrease the overall Cesarean
12 rate, which can be dangerous procedures, by
13 50 percent. They can decrease the length of
14 labor by 25 percent. Anyone who's been in labor
15 knows that 25 percent is a real, real positive.
16 And when you think about where we
17 live in New York State and in this country, this
18 is the worst place in the developed world to give
19 birth to a child. Black women are five times
20 more likely in New York State to die in
21 childbirth, or thereafter. In New York City,
22 they're nine times more likely. And so when you
23 think about doula care, it truly is lifesaving
24 care.
25 The reason why this directory is so
1162
1 important is that it will actually make sure this
2 information is out there, because you can't have
3 doula care without making sure it's accessible to
4 those who need it.
5 But the truth is, our work is not
6 done with this bill. We must also act in this
7 budget session to actually make a Medicaid
8 reimbursement rate for doula care so that the
9 women and birthing people who need this care the
10 most -- and who often don't have two, three, four
11 thousand dollars to spend on it -- are able to
12 use doula care and to also, eventually, save
13 their own lives or their babies' lives.
14 With that, I want to say thank you
15 to this chamber. Thank you to leadership for
16 seeing the importance of doula care and for
17 pushing this legislation forward.
18 I'm proud to vote aye.
19 ACTING PRESIDENT COONEY: Thank
20 you, Senator Brouk. You will be recorded in the
21 affirmative.
22 Senator Scarcella-Spanton.
23 SENATOR SCARCELLA-SPANTON: Thank
24 you, Mr. President.
25 Thank you to my colleague and
1163
1 fellow mother, Senator Brouk, for this important
2 piece of legislation, another step closer to
3 making New York a safer place to give birth.
4 As we focus on ways to ensure that
5 we prioritize maternal health, the option of
6 utilizing a doula is a critical piece. New York
7 has made great strides in maternal health, as we
8 see certain legislation being pushed forward.
9 But I wanted to point out that a
10 doula is different than a midwife. A doula
11 supports your emotional growth in labor. A
12 midwife is a medical professional. I highlight
13 this because they both serve very vital but very
14 different roles in the birth process. While
15 doulas are nonmedical, they can be there for
16 women in ways that a midwife or a doctor may
17 traditionally not be able to.
18 As we start to highlight the
19 importance of maternal health, and as public
20 awareness increases, the demand for these
21 services will increase as well. Having community
22 doula directories for doulas serving Medicaid
23 patients will streamline the information process
24 for those who are looking to have a safer birth
25 experience that is covered by their insurance.
1164
1 I proudly vote aye for this
2 legislation, and again I thank my colleague for
3 her work on this.
4 Thank you.
5 ACTING PRESIDENT COONEY: Senator
6 Scarcella-Spanton to be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 281, Assembly Print Number 2902, by
14 Assemblymember Cunningham, an act to amend the
15 Alcoholic Beverage Control Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day after it
20 shall have become a law.
21 ACTING PRESIDENT COONEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT COONEY: Senator
25 Scarcella-Spanton to explain her vote.
1165
1 SENATOR SCARCELLA-SPANTON: Thank
2 you, Mr. President.
3 As our businesses continue to
4 recover from the initial restrictions that were
5 put in place during the pandemic, now more than
6 ever we need to do all we can to support our
7 local establishments with common-sense
8 legislation to make their operations easier.
9 There is no good reason that we
10 don't allow businesses to sell premixed drinks,
11 and I'm happy to see this bill being put forward
12 today. It's a simple fix that cuts some of the
13 red tape that our small businesses have to go
14 through, and something I hope we can all agree
15 on.
16 I urge my colleagues to vote aye,
17 and I of course vote aye as well.
18 Thank you.
19 ACTING PRESIDENT COONEY: Senator
20 Scarcella-Spanton to be recorded in the
21 affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT COONEY: The bill
25 is passed.
1166
1 THE SECRETARY: Calendar Number
2 335, Senate Print 2076, by Senator Addabbo, an
3 act to amend the Racing, Pari-Mutuel Wagering and
4 Breeding Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT COONEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT COONEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 338, Senate Print 3219, by Senator Cleare, an act
19 to amend the Public Health Law.
20 ACTING PRESIDENT COONEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 180th day after it
24 shall have become a law.
25 ACTING PRESIDENT COONEY: Call the
1167
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT COONEY: Announce
4 the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT COONEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 339, Senate Print 3609A, by Senator Webb, an act
10 to amend the Public Health Law.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the same date and in the
15 same manner as Chapter 137 of the Laws of 2022.
16 ACTING PRESIDENT COONEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT COONEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar Number 339, those Senators voting in the
23 negative are Senators Ashby, Borrello,
24 Canzoneri-Fitzpatrick, Felder, Griffo, Gallivan,
25 Helming, Lanza, Mattera, Murray, Ortt, Palumbo,
1168
1 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
2 and Weik. Also Senator Martins.
3 Ayes, 40. Nays, 20.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 374, Senate Print 2208, by Senator Liu, an act to
8 amend the Education Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT COONEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT COONEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT COONEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 381, Senate Print 2125, by Senator Rivera, an act
23 to amend the Social Services Law.
24 ACTING PRESIDENT COONEY: Read the
25 last section.
1169
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT COONEY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT COONEY: Announce
7 the results.
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT COONEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 387, Senate Print 3605, by Senator Webb, an act
13 to amend the Executive Law.
14 SENATOR LANZA: Lay it aside.
15 ACTING PRESIDENT COONEY: Lay it
16 aside.
17 Senator Gianaris, that completes the
18 reading of today's calendar.
19 SENATOR GIANARIS: Can we now move
20 to the reading of the controversial calendar,
21 please.
22 ACTING PRESIDENT COONEY: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 387, Senate Print 3605, by Senator Webb, an act
1170
1 to amend the Executive Law.
2 ACTING PRESIDENT COONEY: The
3 Secretary will ring the bell.
4 Senator Murray.
5 SENATOR MURRAY: Thank you.
6 Through you, Mr. President, would
7 the sponsor yield for a few questions?
8 ACTING PRESIDENT COONEY: Will the
9 sponsor yield?
10 SENATOR WEBB: I will yield.
11 ACTING PRESIDENT COONEY: The
12 sponsor yields.
13 SENATOR MURRAY: Thank you very
14 much. Through you, Mr. President.
15 Can you tell us today -- we're
16 amending the annual report regarding MWBE, and
17 you're offering up some amendments and more
18 information. Can you tell us what amendments and
19 what additional information we're adding?
20 SENATOR WEBB: Through you,
21 Mr. President. What my bill is proposing to do
22 with regards to data collected, it looks at
23 several things, points, including the total
24 number of MWBEs per year, categorized by minority
25 group and any gender; whether an MWBE contract is
1171
1 for goods or for services; whether each MWBE
2 contract was awarded to a minority-owned business
3 or a woman-owned business, and which minority
4 group the business is reporting; the names and
5 business addresses of any prime contractors and
6 subcontractors providing services under each MWBE
7 contract; and the dollar value of each MWBE
8 contract.
9 SENATOR MURRAY: Through you,
10 Mr. President, would the sponsor continue to
11 yield.
12 ACTING PRESIDENT COONEY: Does the
13 sponsor yield?
14 SENATOR WEBB: I will yield.
15 ACTING PRESIDENT COONEY: The
16 sponsor yields.
17 SENATOR MURRAY: Is there anything
18 in here that we're adding to address the
19 certification and in fact, more importantly, the
20 recertification process?
21 SENATOR WEBB: Through you,
22 Mr. President, the bill as it currently stands
23 does not have that language explicitly.
24 However, it is the intent with this
25 legislation to create a much more expanded scope
1172
1 related to data collection, and most certainly
2 that is something that could be considered at a
3 separate time.
4 SENATOR MURRAY: Very good.
5 On the bill, Mr. President.
6 ACTING PRESIDENT COONEY: Senator
7 Murray on the bill.
8 SENATOR MURRAY: And thank you,
9 Senator.
10 That is an issue that I've heard
11 quite a bit. And in speaking to the sponsor off
12 to the side, we agree that that -- the
13 recertification process is a difficult process
14 and at times is a bit ambiguous.
15 And I think adding that information,
16 the recertification numbers, so that we can track
17 to see if there is a falling off of -- from the
18 certification to recertification, and maybe track
19 why, that would be very important.
20 So I appreciate your willingness to
21 work on this together. I'll be voting aye.
22 Thank you.
23 ACTING PRESIDENT COONEY: Thank
24 you, Senator Murray.
25 Are there any other Senators wishing
1173
1 to be heard?
2 Seeing and hearing none, the debate
3 is 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 COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 SENATOR GIANARIS: Mr. President.
11 ACTING PRESIDENT COONEY: Senator
12 Gianaris.
13 SENATOR GIANARIS: We have agreed
14 to restore this bill to the noncontroversial
15 calendar. So if we could do that and take it up
16 that way, please.
17 ACTING PRESIDENT COONEY: The bill
18 is restored to the noncontroversial calendar.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Announce
1174
1 the results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT COONEY: The bill
4 is passed.
5 Senator Gianaris, that completes the
6 reading of the calendar.
7 SENATOR GIANARIS: Is there any
8 further business at the desk?
9 ACTING PRESIDENT COONEY: There is
10 no further business at the desk.
11 SENATOR GIANARIS: I move to
12 adjourn until Wednesday, March 8th, at 3:00 p.m.,
13 intervening days being legislative days.
14 ACTING PRESIDENT COONEY: On
15 motion, the Senate stands adjourned until
16 Wednesday, March 8th, at 3:00 p.m., with the
17 intervening days being legislative days.
18 (Whereupon, at 12:18 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25