Regular Session - March 21, 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 21, 2023
11 3:28 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Monday,
16 March 20, 2023, the Senate met pursuant to
17 adjournment. The Journal of Friday, March 17,
18 2023, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Good afternoon,
7 Madam President.
8 Amendments are offered to the
9 following Third Reading Calendar bills:
10 By Senator Thomas, Calendar Number
11 325, Senate Print 358;
12 By Senator Mayer, Calendar Number
13 417, Senate Print 2299;
14 And by Senator Webb, Calendar Number
15 506, Senate Print 4266.
16 ACTING PRESIDENT MAYER: The
17 amendments are received, and the bills will
18 retain their place on the Third Reading Calendar.
19 Senator Gianaris.
20 SENATOR GIANARIS: I now move to
21 adopt the Resolution Calendar.
22 ACTING PRESIDENT MAYER: All those
23 in favor of adopting the Resolution Calendar
24 please signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT MAYER: Opposed?
2 (No response.)
3 ACTING PRESIDENT MAYER: The
4 Resolution Calendar is adopted.
5 Senator Gianaris.
6 SENATOR GIANARIS: Madam President,
7 let's begin by taking up previously adopted
8 Resolution 541, by Senator Breslin, have that
9 resolution read in its entirety, and recognize
10 Leader Stewart-Cousins on the resolution.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 541, by Senator Breslin, mourning the death of
15 James E. Long, former Commissioner of the
16 New York State Legislative Bill Drafting
17 Commission, renowned attorney, and devoted public
18 servant.
19 "WHEREAS, There are certain
20 outstanding members of our community who, through
21 their selfless commitment and dedication, have
22 served to better the quality of life in our
23 community and have had a measurable positive
24 impact on the lives of its residents; James E.
25 Long was one such individual; and
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1 "WHEREAS, It is with profound sorrow
2 and deep regret that this Legislative Body
3 records the passing of James E. Long, noting the
4 significance of the loss of a man whose
5 altruistic spirit will be greatly missed; and
6 "WHEREAS, James E. Long of Albany,
7 New York, died on Tuesday, March 7, 2023, at the
8 age of 71; and
9 "WHEREAS, Born on November 15, 1951,
10 James Edward Long was the son of the late Edward
11 J. Long and Antonia Bruno Long; and
12 "WHEREAS, James E. Long received his
13 bachelor's degree from the State University of
14 New York at Albany in 1974; he went on to earn
15 his law degree from the University of
16 New Hampshire Franklin Pierce School of Law in
17 1978, and was admitted to the New York State Bar
18 in 1979; and
19 "WHEREAS, James 'Jim' Long began
20 his illustrious career with the New York State
21 Legislative Bill Drafting Commission after his
22 appointment by the leader of the Senate as a
23 commissioner on January 11, 2010, serving until
24 January 11, 2011; he was reappointed commissioner
25 of the Legislative Bill Drafting Commission by
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1 Senate Leader Andrea Stewart-Cousins on
2 January 2, 2019, where he remained until his
3 official retirement on January 5, 2023; and
4 "WHEREAS, In addition to his work
5 with the New York State Legislative Bill Drafting
6 Commission, James E. Long served as the Albany
7 County Public Defender and as a former special
8 counsel to the New York State Senate Democratic
9 Conference; he also served as law clerk for late
10 New York State Supreme Court Justices the
11 Honorable Paul Cheeseman and the Honorable Daniel
12 Prior, as well as Albany County Surrogate
13 Raymond Marinelli; and
14 "WHEREAS, Furthermore, James E. Long
15 served as an attorney in private practice for
16 more than 45 years, specializing in criminal
17 defense, election law, labor law, and trial
18 practice, and for many years he represented the
19 Construction and General Laborers Local 190
20 (LIUNA); and
21 "WHEREAS, Having tried over
22 100 cases to verdict in state and federal court,
23 James E. Long developed an impeccable reputation
24 for his balanced temperament, noble dedication,
25 and superior litigation skills; and
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1 "WHEREAS, Widely respected and
2 greatly admired for his unremitting commitment to
3 the field of law, James E. Long was cited on a
4 number of occasions for his prolific
5 contributions, including his selection to
6 Super Lawyers (2011-2013), a peer designation
7 awarded only to a select number of accomplished
8 attorneys in each state; and
9 "WHEREAS, James E. Long was a
10 tireless advocate for those in recovery for
11 alcohol and substance use issues and he was
12 especially passionate in assisting those in the
13 legal profession navigating sobriety while
14 balancing their careers; and
15 "WHEREAS, James E. Long's spirit and
16 zest for life was apparent by his embrace of
17 culture through worldly travels, time spent
18 reading historical novels, mentoring countless
19 loved ones, and fueled by his passion for
20 convertibles; and
21 "WHEREAS, Throughout James E. Long's
22 many endeavors, his daughter Darcy, son-in-law
23 Mike, and granddaughter Madeline consistently
24 remained the most fundamental, supportive, and
25 cherished part of his life; and
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1 "WHEREAS, James E. Long served the
2 Legislative Bill Drafting Commission and the
3 New York State Senate with dependability, honor
4 and integrity, earning him the respect and
5 affection of his staff and peers, while
6 effectively fulfilling the duties of his position
7 and contributing significantly to the legislative
8 process of this great Empire State; and
9 "WHEREAS, Every person in New York
10 State has most certainly benefited, in one way or
11 another, from the deep dedication, intelligence
12 and commitment that James E. Long brought to his
13 work as an attorney, commissioner, and public
14 servant; a loyal friend and trusted advisor who
15 had a profound effect on the many lives he
16 touched, he will be deeply missed and truly
17 merits the grateful tribute of this Legislative
18 Body; and
19 "WHEREAS, Armed with a humanistic
20 spirit, and imbued with a sense of empathy,
21 James E. Long's life was a portrait of service, a
22 legacy which will long endure the passage of time
23 and will remain as a comforting memory to all who
24 were privileged to have known and loved such an
25 amazing man; now, therefore, be it
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1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to mourn the
3 death of James E. Long, and express its deepest
4 condolences to his family; and be it further
5 "RESOLVED, That a copy of this
6 resolution, suitably engrossed, be transmitted to
7 the family of James E. Long."
8 ACTING PRESIDENT MAYER: Leader
9 Stewart-Cousins on the resolution.
10 SENATOR STEWART-COUSINS: Thank you
11 so much, Madam President.
12 And I want to thank Senator Breslin
13 for bringing this resolution before this body.
14 It is a very sad day that we have to
15 mourn the death of one of our family members, and
16 that's how we considered James Long. He was here
17 for many of us in so many ways, and it was a
18 privilege for me to be able to appoint this
19 amazing man as our bill draft commissioner.
20 A lot of times in that role you
21 never saw him, but everything went just as it had
22 to go in order to make sure that the people of
23 New York were served.
24 But as they say in the Bible, you
25 know them by their fruit. And James Long left a
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1 lot, a lot, a lot of wonderful, wonderful,
2 wonderful mentees who have gone on to carry on
3 the spirit of his compassion, his passion for the
4 law, his passion for justice, his passion for
5 just making sure he could make someone else's
6 life a little better.
7 When I talked to the Secretary of
8 the Senate, Ale Paulino, and we talked about her
9 experiences as a young lawyer and how, no matter
10 what, he could give her direction or say, Look,
11 you need a little something, come work for me.
12 If it was there was a lawyer that
13 was a little down on their luck, he would make
14 sure that cases went their way. There was no
15 distance that was too far for James Long to go.
16 And so you've got, I think as
17 evidence, in the gallery so many who have come to
18 hear us pay tribute. We can only hope that on
19 this floor we articulate what is in your hearts
20 and your minds as we remember this great
21 individual, as we send condolences to his family,
22 but also in this body let his family know that he
23 will never be forgotten, that we are all the
24 beneficiaries of what he had to teach.
25 And the other thing that he tried to
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1 teach us is that, you know, try and make time for
2 yourself, make time for family, make time, try
3 and grab a little time and sit by that seaside.
4 It didn't work out for him. I mean, he left at
5 the end of January, he retired, and before we
6 knew it, he had fallen ill and has departed.
7 So he meant to spend that moment,
8 but the fact is some people just have a life of
9 service. And the life of James Long is a life of
10 service, and we are forever grateful that he
11 shared his life with us.
12 Thank you so much, Madam President.
13 ACTING PRESIDENT MAYER: Thank you,
14 Madam Majority Leader.
15 Senator Breslin on the resolution.
16 SENATOR BRESLIN: Thank you very
17 much, Madam Chairman. And those are hard words
18 to follow.
19 Jim Long was a special friend who --
20 I'll fill in some of the blanks -- who has a
21 background being from Albany, Irish neighborhood
22 much like the one I was in. We went to the same
23 high school. I was somewhere a little bit behind
24 him. But he became an orphan when he was 17
25 years old, and he had at that time a little older
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1 brother and a little younger brother. So he was
2 in high school when that happened.
3 He worked so many different jobs to
4 get through the University at Albany, to get
5 through law school, to come back and start a life
6 as a lawyer. And boy, did he start a life that's
7 memorable.
8 He worked for three of the best
9 judges in the area as a law clerk. And for the
10 lawyers in the room, they know what a law clerk
11 is. We know why judges hire them. We hire them
12 to write decisions, because some judges know that
13 they might even be smarter than the judge
14 themself. And so for those three judges, he
15 became a law clerk.
16 And while I'm at it, I should
17 recognize a number of people in the audience,
18 many of whom are judges, including Carmelo
19 Loquidara; Will Little, who worked in here as our
20 counsel; Ryan Donovan; Christina Ryba; Mike
21 Mackey; Richard McNally; Tom Marcelle; Pat and
22 Laura Jordan; Allison Polemeropolous; Francisco
23 Calderon -- and it doesn't end there, if I can
24 turn the page.
25 Don Boyajian, who he practiced law
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1 with; Matt Hauf; Mary Pat Donnelly, the district
2 attorney of Rensselaer County; District Attorney
3 David Soares and his former staff; members of the
4 Bill Drafting Commission; and finally, Assembly
5 and Senate Revision Committee.
6 And I'm sure there are others who
7 are here that we acknowledge you and thank you
8 for your attendance at this very, very special
9 occasion.
10 And after his law clerk days he
11 worked in various jobs, but he became a very,
12 very important part of the fabric of our
13 community. You know, election law -- I always
14 think of election law as being a phenomenon that
15 has 50 elected officials, and only one knows
16 anything about election law. The other 49 went
17 to Jim Long.
18 (Laughter.)
19 SENATOR BRESLIN: And just so you
20 understand, both sides, Democrats and
21 Republicans, Jim Long was responsible for the
22 election of Republican judges, Republican DAs.
23 He never, ever, ever, to me or anyone I know,
24 turned around and said, I'm not helping him.
25 And he wasn't a millionaire by any
1696
1 means, and the people went without being charged
2 for their help in those political situations. I
3 know many times I'd call him on the phone just to
4 ask a question about it. He was always there.
5 And the number of lawyers and judges
6 who have called me in the last few days to talk
7 about the fabric and character and love that he
8 had for the law and for his fellow man was unlike
9 anyone you had ever met.
10 And he went then to work for the
11 New York State Senate. The same thing happened.
12 He was always trying to help somebody, and he had
13 the heart to help them. Unfortunately he did
14 help them with his heart, but his own suffered
15 for the last number of years, including a very
16 advanced procedure at the Cleveland Clinic about
17 two years ago.
18 And all he longed for, all he longed
19 for in his life -- remember, he was -- you know,
20 he became an orphan at 17. His two brothers
21 predeceased him. He had one daughter. And that
22 one daughter -- who was also a former chief of
23 staff in the New York State Senate, and I enjoyed
24 her working for me. But one daughter and one
25 grandchild who lived in South Carolina. And all
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1 he could think of, time after time again, all he
2 could think of was his ability to retire.
3 And he had a special house right
4 down the street from his daughter. And what
5 happened? He got to Carolina, his troubles
6 began, and within a month he passed.
7 It's unfair. I say it out loud,
8 it's unfair that he's not here with us. And I
9 can tell you from the bottom of my heart, this
10 has been one of the most trying couple of days
11 getting up to speak about my friend Jim Long. It
12 isn't as -- it's pretty easy if you're standing
13 up and you're talking about a general who you've
14 never met and giving him a great deal of praise.
15 When it's someone who's been next to you for --
16 and he practiced over 40 years and did so much,
17 just so much in between.
18 And when Ale talked about Jim -- Ale
19 became like a daughter to Jim Long. And everyone
20 was his friend.
21 He never, ever, ever gave any
22 indication that I or anyone else owed him for the
23 work that he had done. And how many of our
24 legislators and people in government treat us
25 that way? They expect, if you do something, many
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1 of us expect a favor in return. Jim didn't
2 operate that way. He didn't operate politically
3 that way.
4 And to me, it's such a tremendous,
5 tremendous loss. And I pray and grieve for his
6 daughter; I pray and grieve for his son-in-law,
7 Michael. I pray and grieve for their daughter,
8 Madeline. It's a special, special tribute to
9 Jim Long, my dear friend who I will always
10 remember.
11 And he had some little side thing.
12 He did so much for people in recovery. And there
13 are literally -- I know hundreds, I think
14 hundreds of people who he voluntarily helped in
15 recovery, never asking for anything. And his
16 only -- only reward was helping them get back to
17 a normal life.
18 And as you know, recovery acts I
19 think among lawyers to a greater extent than it
20 might happen to other professions because of the
21 pressure we're under.
22 I never saw Jim under pressure. I
23 never saw Jim get upset and mad. I always saw
24 Jim Long trying to do the best.
25 And, you know, I always remember,
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1 with someone like a Jim Long, George Bernard Shaw
2 saying: People say things that they see, he
3 dreams things that never will be.
4 And so I hold my head up high when I
5 say Jim is watching down on us. He knows that we
6 were there for him at every step of the way and
7 that he gave his heart to all of us, both
8 physically, literally, absolutely.
9 Thank you very much.
10 ACTING PRESIDENT PERSAUD: Thank
11 you, Senator.
12 Senator Gianaris on the resolution.
13 SENATOR GIANARIS: Thank you,
14 Madam President.
15 It is a rare individual in this
16 business that we're in who is universally beloved
17 by friend and foe alike. And that was Jim Long.
18 When I think of Jim, the picture
19 that comes to mind is one that Senator Breslin
20 just referenced -- just calm. In the face of a
21 storm, when everyone else is pulling their hair
22 out, you go and ask Jim a question and all of a
23 sudden you feel like everything's going to be
24 okay.
25 He was involved in so many of our --
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1 of our political combats here in this chamber.
2 You know, it took us a while to get here to the
3 majority, as many of my colleagues know. And he
4 was involved in the what sometimes felt like
5 hand-to-hand combat of these court battles after
6 elections. We've had races decided by 18 votes.
7 We've had one decided by 10 votes.
8 And when you're in those kinds of
9 situations, you're looking at every piece of
10 paper, you're arguing about a little tear or a
11 mark on the paper. And Jim was always the one
12 who would center us and say "It's going to come
13 out the way it's supposed to come out. The will
14 of the voters will be respected." And you end up
15 just finding a way to get through it all.
16 He brought that with him to his work
17 here in the Senate as well. Someone who was a
18 role model for many of us. And I daresay, at
19 least speaking for myself, I don't live up to the
20 standard that Jim Long set. I say that with a
21 chuckle because many of my colleagues know that
22 many of us fall short of that ideal of working
23 for the people without getting caught up in the
24 combat.
25 And so I will always remember Jim
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1 for that. I will always appreciate him for that.
2 And I will always try and remember, as we do our
3 best to set policy in this state, how would Jim
4 react and how would he want us to react.
5 And so I thank him for that example
6 and give my condolences and best wishes to his
7 family.
8 And thank you for the opportunity to
9 speak, Madam President.
10 ACTING PRESIDENT PERSAUD: Thank
11 you, Senator.
12 Senator Mayer on the resolution.
13 SENATOR MAYER: Thank you,
14 Madam Leader.
15 I have the distinguished privilege
16 of theoretically having Jim Long work for me when
17 I became the counsel to the Senate Minority in
18 the early 2007s and '08s. But really I worked
19 for Jim Long. Because Jim Long had both the
20 actual knowledge of how every detail of courts
21 worked and how our laws would apply in real life,
22 and he brought that to us.
23 And also the equanimity that you
24 described, Senator Breslin. This incredible
25 sense of calm and that we all play by the rules.
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1 The rules are the things that govern us. Our job
2 is to be fair. Our job is to be decent. Our job
3 is to treat each other with respect.
4 And he taught me so much. In the
5 first place, he taught me about how this
6 legislature worked, which really, you know, to
7 someone who comes here, is a pretty up uphill
8 battle. And so he taught me that.
9 Then he also taught me about how the
10 laws we adopt would work out in City Court, in
11 Supreme Court, in Surrogate's Court -- all the
12 real life implications, based on his real
13 experience.
14 And then, third, he set such a high
15 bar for ethical standards. Really for the
16 highest practice of law, that practicing law was
17 something that you held in high regard, both
18 personally and you expected others to do so.
19 That there was this sense of calm and that
20 fairness would prevail. And at the end of the
21 day that we were involved in a very esteemed
22 profession here, being lawmakers, something that
23 he personally respected greatly and took so
24 seriously.
25 Yes, he was involved in all of our
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1 partisan fights, but he did it with remarkable
2 skill as well as calmness that very few people,
3 as Senator Gianaris said, actually exhibit in
4 these combats that we sometimes engage in.
5 So I was incredibly just so
6 fortunate to have had Jim Long as a leader, as a
7 teacher, and as someone who set the highest
8 example of the ethical standards that we as
9 lawmakers should strive for. May his memory be a
10 blessing.
11 And I send my love and condolences
12 to his family and to all those who are here today
13 to honor his memory.
14 Thank you, Madam President.
15 ACTING PRESIDENT PERSAUD: Thank
16 you, Senator.
17 Senator Mannion on the resolution.
18 SENATOR MANNION: Thank you,
19 Madam President.
20 I want to make some brief comments
21 regarding being involved in three close
22 elections.
23 One great thing about running for
24 political office when you're not a part of the
25 political world is that you meet great people and
1704
1 you establish new friendships. Well, Jim Long
2 was there for me when I needed him.
3 And most people don't want an
4 election lawyer around in almost any
5 circumstance, but I needed one and he was there.
6 And as Senator Gianaris said, he was the calm in
7 the face of a storm. And for somebody new to the
8 political world, he was very reassuring to me and
9 my wife, who he referred to as my bride.
10 And with that, God bless you, Jim,
11 and thank you.
12 ACTING PRESIDENT PERSAUD: Thank
13 you, Senator.
14 The resolution was previously
15 adopted on March 15th.
16 Senator Gianaris.
17 SENATOR GIANARIS: Thank you,
18 Madam President. We're now going to move on to
19 previously adopted Resolution 544, by Senator
20 Hinchey. Please read that resolution's title and
21 recognize Senator Hinchey.
22 ACTING PRESIDENT MAYER: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 544, by Senator Hinchey, memorializing
1705
1 Governor Kathy Hochul to proclaim March 20-24,
2 2023, as Agriculture Week in the State of
3 New York.
4 ACTING PRESIDENT MAYER: Senator
5 Hinchey on the resolution.
6 SENATOR HINCHEY: Thank you,
7 Madam President.
8 I want to start first just sending
9 my condolences for Jim Long and to his family. A
10 long legacy that will not be forgotten. Thank
11 you to my colleagues for their beautiful words.
12 But I rise today to wish everyone a
13 Happy Ag Day and Ag Week.
14 When people think about New York,
15 they don't necessarily think about agriculture.
16 And yet New York is an ag state. Many of my
17 colleagues have heard me say that before. And
18 looking to the future, our agriculture here is
19 going to be more important than ever.
20 With the impacts of the climate
21 crisis, we are going to continue to see major
22 agricultural production states across our
23 country -- Florida, California and states in the
24 midwest -- underwater and facing severe droughts.
25 And that sets up New York to become the
1706
1 breadbasket of our country once again. And so
2 making sure that we are supporting our
3 agricultural businesses and our farmers is
4 paramount.
5 Here in New York we have over
6 9 million acres of farmland -- 54 percent of that
7 is nationally significant farmland. And these
8 farm businesses produce $44 billion of economic
9 stimulus.
10 We are number one in dairy here in
11 New York. Our farms are primarily small and
12 mid-sized family-owned farms. And we are really
13 leading the way across the country in making sure
14 that we are leading on the climate crisis and
15 that we are actually protecting our natural
16 resources, stewarding our land, protecting our
17 water, and sequestering carbon.
18 We have so much more to do to
19 support our agricultural businesses. And for
20 this Ag week and Ag Day today, I am rising to say
21 thank you to our farmers and to support them in
22 everything they need to do here across New York.
23 Thank you.
24 ACTING PRESIDENT MAYER: Senator
25 Borrello on the resolution.
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1 SENATOR BORRELLO: Thank you,
2 Madam President.
3 I'd like to start off by thanking
4 the chair of Agriculture, Senator Hinchey, for
5 this resolution today. And Happy Agriculture
6 Day, Happy Agriculture Week here in New York
7 State.
8 You know, I am the grandson of grape
9 farmers. My grandfather supplied grapes to
10 household names like Welch's and others. We are
11 proud of our history here of agriculture in
12 New York State.
13 Ninety-eight percent of the farms in
14 New York State are family-owned farms, some of
15 them for hundreds of years, dating back to the
16 Revolution. New York State is an agriculture
17 state, and New York State is driven, our economy
18 is driven by agriculture.
19 We are number one in so many things,
20 like dairy. We are number one in the production
21 of things like yogurt and cottage cheese and
22 other dairy products. We are number two for
23 maple and snap peas.
24 We produce thousands of jobs,
25 billions of dollars in economic impact, and it is
1708
1 indeed the backbone of our economy.
2 The bottom line, folks, is without
3 farms, there is no food. No farms, no food. So
4 if you ate today, thank a farmer.
5 And let's continue to make New York
6 State a strong agricultural state and support
7 them with good legislation that strengthens our
8 agriculture industry.
9 Happy Agriculture Week,
10 Madam President.
11 ACTING PRESIDENT MAYER: Thank you,
12 Senator Borrello.
13 The resolution was previously
14 adopted on March 15th.
15 Senator -- Serrano, I'm sorry. A
16 change of course here.
17 SENATOR SERRANO: Yes. Thank you,
18 Madam President.
19 Let's please take up previously
20 adopted Resolution 463, by Senator Kennedy, let's
21 read the resolution title only, and recognize
22 Senator Kennedy on the resolution.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
1709
1 463, by Senator Kennedy, memorializing
2 Governor Kathy Hochul to proclaim March 2023 as
3 Irish American Heritage Month in the State of
4 New York.
5 ACTING PRESIDENT MAYER: Senator
6 Kennedy on the resolution.
7 SENATOR KENNEDY: Thank you,
8 Madam President.
9 It is on this emotional day that we
10 share in this chamber that I stand to celebrate
11 March as Irish American Heritage Month here in
12 the great State of New York.
13 Just this past Friday we celebrated
14 St. Patrick's Day on the 17th. And from New York
15 City to Long Island to Buffalo and everywhere in
16 between, we celebrated the great Irish culture,
17 the Irish roots that we all have come to know and
18 love -- something that I personally am very proud
19 of in my own family ancestry.
20 But something that oftentimes is
21 overlooked as we celebrate Irish American
22 Heritage Month is the indelible, unique and
23 intimate impact that the Irish have played in all
24 of our lives throughout the course of history --
25 human history, dating back tens of thousands of
1710
1 years, to American history over nearly 250 years
2 here, Madam President.
3 When we talk about American history,
4 we also talk about Irish history because the two
5 are intertwined. Many immigrants that poured
6 their blood, sweat and tears into the passion of
7 this country, from the very inception of this
8 country -- even before it, from the very earliest
9 days of the fight for freedom, as George
10 Washington's generals, 20 of which were
11 native-born Irish. A quarter of the American
12 Revolutionary Army was Irish-born.
13 It was on April 2, 1784 -- 239 years
14 ago, almost to the date -- that Lord Mountjoy on
15 the floor of the English Parliament stated that
16 America was lost by Irish immigrants, that it was
17 the Irish language spoken among the Revolutionary
18 Army just as much as the English language.
19 And it was in every successive war
20 over the course of American history that the
21 Irish have played an extraordinary role in,
22 including from the War of 1812 to the great
23 Civil War, where hundreds of thousands of Irish
24 off the boat went and fought for the Union Army
25 with the famed "Fighting 69th" Infantry of
1711
1 New York, who fought with courage and sacrifice
2 on the battlefields of that American Civil War.
3 I wear this tie here today. It is a
4 tie dedicated to the 69th Battalion, the
5 Fighting 69th, the Irish battalion. The Armory
6 down on Third and 28th in Manhattan has in it
7 incredible American history. That same brigade,
8 the Fighting 69th, was led by an individual, a
9 great American leader, Thomas Francis Meagher,
10 who in 1848, in the Rebellion, flew the first
11 tricolor, the green, white and orange -- the
12 green that represented the Irish Catholics, the
13 orange that represented the English Protestants,
14 and the white that represented the peace.
15 One hundred seventy-five years ago,
16 Thomas Francis Meagher led a rebellion against
17 the English Crown, was captured with others,
18 sentenced to death. His sentence was commuted.
19 He was sent to Tasmania, modern-day Australia,
20 escaped prison, came to New York and shortly
21 thereafter became a brigadier general of the
22 Union Army, of the Fighting 69th.
23 He became a confidant of
24 Abraham Lincoln and went on to become the first
25 appointed governor of the great State of Montana.
1712
1 Shortly after, he was murdered, thrown off a ship
2 in the Missouri River, in his early forties.
3 Just one example of Irish history and its impact,
4 not just on our great country here in the United
5 States, but on New York.
6 Fast forward, World War I. That
7 same battalion, the 69th, the same Armory. "Wild
8 Bill" Donovan, born in my neighborhood -- the
9 Old First Ward in South Buffalo -- a general in
10 World War I, took his soldiers into the fight on
11 the frontlines. Won the Congressional Medal of
12 Honor. And when he won that medal, he pinned it
13 up in the Armory down in Manhattan. It still
14 sits there today.
15 And he put a note on there, and it
16 said "This medal is for those soldiers that were
17 left behind." Every single Congressional Medal
18 of Honoree that's won that medal in the
19 69th Battalion has since pinned their
20 Congressional Medal of Honor underneath Bill
21 Donovan's.
22 World War II. All of those that
23 enlisted that made the ultimate sacrifice, that
24 came home, that set up roots that then became a
25 part of the fabric of our country in every way.
1713
1 That rose to the highest heights of our
2 government, like John Fitzgerald Kennedy, for
3 example, and all the Kennedy family. They came
4 over during the Great Hunger, An Gorta Mór, in
5 the mid-19th century. A manufactured famine by
6 the oppressors. And as he rose in the ranks to
7 the highest levels of government, so does his
8 family and became the great pride of the nation
9 across the pond.
10 Today, President Joe Biden, Joe
11 Finnegan Biden, represents our country as the
12 president of the United States, the second Irish
13 Catholic in the history of our country, the first
14 since John F. Kennedy. And on March 1st,
15 President Biden declared Irish Heritage Month
16 nationally.
17 In every single military event in
18 the United States history -- including recently
19 the conflict in Afghanistan, where Navy Seal
20 Lieutenant Michael P. Murphy of Smithtown,
21 New York, made the supreme sacrifice and received
22 the first Congressional Medal of Honor in that
23 conflict -- the Irish have played a pivotal role.
24 Make no mistake, our country exists
25 today, the United States of America, because of
1714
1 the Irish. But make no mistake, Ireland is the
2 land it is today because of America. And just
3 over a century ago, when Pádraig Pearse stood on
4 the front steps of the GPO and unfurled his
5 vision for peace and freedom for the Irish people
6 that had been oppressed for about 800 years,
7 since they were first invaded in 1166 by the
8 English occupiers -- the United States has played
9 an instrumental role to the extent, when
10 Pádraig Pearse read those words, he cited the men
11 and women of the great United States of America,
12 those that fled the homeland in Ireland.
13 It was the geography of Ireland that
14 has undoubtedly played this critical role in the
15 relationship between our two great lands:
16 Ireland, an island between Western Europe and the
17 Western Hemisphere. The Irish came over in a
18 great movement during The Hunger, but of course
19 before then and after then. Many of our
20 collective ancestors in this room, and throughout
21 the diaspora -- 32 million-plus across our
22 country, nearly 10 percent of our country's
23 population base some of their lineage back to
24 Ireland.
25 And what is it that makes us Irish?
1715
1 You know, you never forget where we come from,
2 right? All of us. You know, this auspicious
3 body is made up of an extraordinarily diverse
4 group of people. What we represent --
5 Democrat and Republican, men and women from all
6 across this great state -- is the diversity not
7 just of our state but of our nation.
8 And so we all, in our own regard, in
9 our own ethnicity and ancestry, are often
10 celebrating our ethnicity and where we come from.
11 Being Irish, we've had a troubled past. And I
12 talk about the last 800-plus years of oppression.
13 But you know, Ireland is the land of saints and
14 scholars, an ancient land. Over 30,000 years
15 occupied by the human race; still today, across
16 Ireland, they find ancient burial grounds or
17 ancient cities that have been buried over time.
18 But, you know, as history would have
19 it, and as colonization happened across the
20 globe, and oppression happened, over the
21 centuries it was the denial of human rights, the
22 human rights that we take for granted every
23 single day today in this great state and in this
24 great country that were denied of the Irish, in
25 our homeland. The right to free speech, speaking
1716
1 our native language, practicing our religion,
2 celebrating our culture -- even dancing --
3 outlawed. And certainly we didn't even merely
4 consider the right to vote that was stripped
5 away.
6 But it was those injustices that
7 drove the Irish to rebel against the Crown. And
8 as we moved across the globe, 80 million strong,
9 in the diaspora, it was that fight for human
10 rights and for justice, the sense of justice,
11 that drove us and drove us every day. The very
12 heart that millions of Irish arrived in New York
13 City and Boston and up into Canada and across the
14 Eastern Seaboard and down into South America,
15 escaping that hunger and injustice in hopes of a
16 better life.
17 But here in America, building the
18 United States brick by brick, laying railroads,
19 building bridges, building the skyscrapers,
20 building the infrastructure, investing in human
21 capital, fighting for rights -- but celebrating
22 the arts and science, sports, education, law --
23 every facet of American life has been impacted by
24 the Irish, and dare I say even politics.
25 We will continue to fight for those
1717
1 human rights. We will call out those that deny
2 those human rights.
3 And Ireland over the years has
4 evolved as well. And as we celebrate our
5 Irishness, we have to consider how Ireland has
6 evolved. Ireland today is one of the most
7 progressive countries in the entire world. Today
8 the LGBTQ community celebrates its rights with
9 great pride, and we stand with them. Women in
10 Ireland celebrate their rights to get their own
11 healthcare, and we stand with them. The Irish
12 have directed not only us here in this state and
13 in this country how to stand up for each other
14 and human rights, but to stand up across the
15 globe.
16 When you think about Ireland, you
17 also think about the difficult history that has
18 cut the country in two: The 26 counties in the
19 Republic, the six counties in the North. You
20 know, I talk about that 800-year injustice of the
21 occupation of the Crown in Ireland. That was the
22 independence and the fight back in 1916 through
23 the early 1920s that resulted in the treaty that
24 made the island broken into two, that resulted,
25 throughout the many decades to come, in the
1718
1 Troubles -- that were finally, finally put to
2 rest with the great Good Friday Peace Agreement
3 of 1998.
4 This year, just next month, we
5 celebrate 25 years of peace in the North. And we
6 are on track to once and for all unify the island
7 for the first time in nearly a millennium. We're
8 excited for that day, and that day will come.
9 And we will be standing there together as New
10 Yorkers, as Americans, and as fellow Irish
11 diaspora to celebrate how far the great island of
12 Ireland has come, how far we've come together to
13 as two great nations.
14 As the Taoiseach, Leo Varadkar,
15 stood with President Biden on Friday night in the
16 White House and they exchanged a bowl of
17 shamrocks for the 75th year in a row since 1948,
18 when Harry Truman was president, to recognize
19 that incredible strength and power of our two
20 countries coming together -- for love, for peace,
21 for justice, for human rights.
22 And as a proud Irish-American,
23 Madam President, on this day and throughout this
24 month I want to thank my colleagues for
25 recognizing the impact Ireland and the Irish have
1719
1 had on our state, on our nation, and on society
2 across the globe. And I thank you for your
3 indulgence as we recognize right here in this
4 great chamber, here in the State of New York,
5 Irish American Heritage Month.
6 Thank you, Madam President.
7 (Applause.)
8 ACTING PRESIDENT MAYER: Thank you,
9 Senator Kennedy.
10 The resolution was previously
11 adopted on February 28th.
12 Senator Serrano.
13 SENATOR SERRANO: Thank you. At
14 the request of the sponsors, the resolutions are
15 open for cosponsorship.
16 ACTING PRESIDENT MAYER: The
17 resolutions are open for cosponsorship. Should
18 you choose not to be a cosponsor on the
19 resolutions, please notify the desk.
20 Senator Serrano.
21 SENATOR SERRANO: Thank you. Let's
22 please take up the reading of the calendar.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
1720
1 201, Senate Print 724, by Senator Serrano, an act
2 to amend the Environmental Conservation Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Senator
11 May to explain her vote.
12 SENATOR MAY: Thank you,
13 Madam President.
14 Yesterday we had a spirited
15 discussion about the idea of green energy leasing
16 on state forestlands. And while I disagreed with
17 some of the criticisms of my bill, I was thrilled
18 to hear my colleagues across the aisle expressing
19 enthusiasm for carbon sequestration as a way to
20 promote -- or to combat global warming.
21 And I'm thrilled to be able to
22 support this bill, and I thank the sponsor,
23 Senator Serrano, for this bill because it
24 promotes carbon sequestration in two absolutely
25 critical ways.
1721
1 The first, and by far the best way
2 to do carbon sequestration, is to keep fossil
3 carbon from ancient forests in the ground. This
4 bill prevents leases of -- for gas exploration on
5 state forestlands, and so will keep fossil carbon
6 in the ground.
7 The other way that it's important
8 for carbon sequestration is because our living
9 forests today are under immediate threat from
10 global warming -- threat from droughts and
11 wildfires, from extreme weather, from the
12 migration of pests that are killing off species
13 like our ash trees and hemlock trees right now.
14 Threats from acid rain from the burning of fossil
15 fuels. And just the gradual change in
16 temperature that is threatening a lot of species.
17 In fact, our maple trees probably
18 will not be able to survive in New York State.
19 Certainly within some of our lifetimes we won't
20 have -- we won't see maple trees anymore in
21 New York State.
22 So this bill is one piece of a big
23 puzzle of trying to promote carbon sequestration
24 and to reverse global warming. And so I'm very
25 proud to vote aye on this bill.
1722
1 Thank you.
2 ACTING PRESIDENT MAYER: Senator
3 May to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 201, those Senators voting in the
7 negative are Senators Oberacker, O'Mara and Ortt.
8 Ayes, 59. Nays, 3.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 211, Senate Print 1979, by Senator Cleare, an act
13 in relation to requiring the Empire State
14 Development Corporation.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Senator
23 Cleare to explain her vote.
24 SENATOR CLEARE: Thank you,
25 Madam President.
1723
1 The average cost of installing even
2 the simplest commercial kitchen can be $20,000 or
3 more, which is prohibitive for so many
4 entrepreneurs who have a unique product to bring
5 to the marketplace, especially in communities of
6 color.
7 It is proven that shared commercial
8 kitchens are a viable solution to this challenge,
9 but we do not have nearly enough of them, and
10 access is not prioritized to those who need it
11 the most.
12 The purpose of this bill is to
13 require a study and action plan concerning the
14 transformative effects of locating small kitchen
15 incubators on public and private college campuses
16 and in public housing developments.
17 In addition, Empire State
18 Development is charged with further developing
19 comprehensive business and advisory services to
20 fully complement kitchen incubator services to
21 help ensure that start-ups have every opportunity
22 to succeed.
23 As we move as a state to push
24 forward to recover from the various impacts of
25 COVID, I believe that we must be smart and target
1724
1 our investments in economic development, and this
2 bill represents the very best kind of concept,
3 utilizing existing community partners and proven
4 shared resources to further and support the
5 economic strength and viability of the residents
6 of our state.
7 I proudly vote aye.
8 ACTING PRESIDENT MAYER: Senator
9 Cleare to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 211, voting in the negative:
13 Senator Skoufis.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 212, Senate Print 395, by Senator Cleare, an act
19 to amend the Social Services Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
1725
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Senator
3 Cleare to explain her vote.
4 SENATOR CLEARE: One of the
5 critical pieces of information we've learned from
6 listening to experts and advocates and survivors
7 of human trafficking is that a tremendous amount
8 of victims are recruited via social media.
9 This connection is demonstrable when
10 you consider the following facts. According to
11 Human Trafficking Institute's 2020 report from
12 2000 to 2020, at least 30 percent of sex
13 trafficking victims were recruited online. In
14 2020 alone, at least 41 percent of victims were
15 recruited online. Online solicitation accounted
16 for 81 percent of all federal sex trafficking
17 prosecutions filed since 2000.
18 We have focused this session on
19 eradicating human trafficking through a number of
20 pipelines such as transportation centers, and
21 today we turn our proactive efforts to ending
22 human trafficking at its most emergent source,
23 social media. This bill will require the
24 New York State Interagency Task Force on
25 Human Trafficking, which has existed since 2007,
1726
1 to investigate the connection between social
2 media and human trafficking and issue an
3 actionable report thereon.
4 It is believed that a multi-agency
5 and multidisciplinary report will give us a
6 comprehensive blueprint to not only fight but
7 stop human trafficking through social media.
8 I proudly vote aye.
9 ACTING PRESIDENT MAYER: Senator
10 Cleare to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 213, Senate Print 799, by Senator Comrie, an act
17 to amend the Social Services Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
1727
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 213, those Senators voting in the
4 negative are Senators Borrello, Gallivan, Griffo,
5 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
6 Palumbo, Stec, Tedisco, Walczyk, Weber and Weik.
7 Ayes, 47. Nays, 15.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 259, Senate Print 2518, by Senator Ramos, an act
12 to amend the Labor Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 (Discussion off the record.)
25 THE SECRETARY: In relation to
1728
1 Calendar Number 259, voting in the negative:
2 Senator Palumbo.
3 Ayes, 61. Nays, 1.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 266, Senate Print 1360, by Senator Kennedy, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 30th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 324, Senate Print 1124, by Senator Cooney, an act
24 in relation to conducting a study of public and
25 private museums in New York State.
1729
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar Number 324, voting in the negative:
12 Senator Skoufis.
13 Ayes, 61. Nays, 1.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 403, Senate Print 1160, by Senator Skoufis, an
18 act to amend the Education Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
1730
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 421, Senate Print 1748, by Senator Sanders, an
9 act to amend the Banking Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 421, those Senators voting in the
22 negative are Senators Borrello, Gallivan, Griffo,
23 Helming, Mattera, Murray, Oberacker, O'Mara,
24 Ortt, Palumbo, Rolison, Stec, Tedisco, Walczyk,
25 Weber and Weik.
1731
1 Ayes, 46. Nays, 16.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 427, Senate Print 4305, by Senator Parker, an act
6 to amend the Public Service Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Senator
15 Walczyk to explain his vote.
16 SENATOR WALCZYK: Thank you,
17 Madam President.
18 This Senate Bill 4305 will require
19 cell providers or anyone who owns a cellphone
20 tower to make a report to the Public Service
21 Commission by 2025 on how they're going to fully
22 electrify that tower. And they have to do that
23 by 100 percent renewable energy to power the
24 cellphone tower by 2031.
25 On its face -- I know with a lot of
1732
1 the goals that the Climate Action Council has
2 laid forward, on its face this may sound like
3 it's in line with where New York State is going.
4 I don't believe that this is a
5 well-intentioned bill. I think this is
6 actually -- and I know we often say that -- oh,
7 this bill has great intent, if only you changed a
8 couple of things. In this case I think we've
9 missed it entirely. We're once again missing the
10 forest for the trees, and this is dangerous.
11 In rural areas of New York State
12 backup generators are often required exactly for
13 the reasons that long transmission lines to a
14 cellphone tower way out in a remote area, if they
15 go down, they are way late on the priority list
16 for emergency services who are concerned with
17 urban areas where densely populated areas need to
18 get the power back on. They're not as concerned
19 about sending power out to those areas. And
20 likely you, for your constituents, want them
21 concerned about the urban areas before they're
22 concerned about long transmission lines out into
23 the woods to power a cellphone tower.
24 So the solution is already out
25 there. Backup generators already exist and, like
1733
1 I said, in many areas are required. Some of
2 these cellphone towers have somewhere between
3 four and 48 hours of backup batteries. But as we
4 know, after long-term power outages, backup
5 generators are required. Once again, these could
6 be diesel, they could be propane, they could be
7 natural gas depending on what the area has.
8 This bill has the unintended
9 consequence, I believe, of putting some of the
10 forestlands in New York State in danger
11 because -- look at the options. Some towers are
12 actually completely off-grid currently. Members
13 of this body, before they vote, might not know
14 that. But there are some completely detached
15 from the grid.
16 So that means if it sits in a
17 Forest Preserve area like the Adirondack Park,
18 that tower will need transmission lines, which
19 means you're going to require trees to be cut
20 down to get to that tower in order to connect it.
21 Or it will need to cut trees down in a larger
22 footprint to allow for the renewable energy that
23 may be required by 2031 in this legislation.
24 This bill is much more than just a
25 study on how to power cellphone towers. It's
1734
1 setting a very dangerous precedent. You don't
2 want to mess with this. Right now counties,
3 emergency services, cellphone towers are working
4 in concert to make sure that there's connectivity
5 for your emergency services and for constituents
6 that need to call those emergency services.
7 And, listen, when the power goes out
8 you want to make sure that your police officers,
9 your firefighters and your EMS can get connected
10 to people who are in emergency situations.
11 This is ill-advised and can be very
12 dangerous for a lot of areas of New York State.
13 So, Madam President, I'll be voting no, and I
14 encourage my colleagues to do the same.
15 ACTING PRESIDENT MAYER: Senator
16 Walczyk to be recorded in the negative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 427, those Senators voting in the
20 negative are Senators Ashby, Borrello, Gallivan,
21 Griffo, Helming, Lanza, Murray, Oberacker,
22 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
23 Tedisco, Walczyk, Weber and Weik. Also Senator
24 Martins. Also Senator Mattera.
25 Ayes, 42. Nays, 20.
1735
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 431, Senate Print 3114, by Senator Mannion, an
5 act to amend the State Technology Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day after it
10 shall have become a law.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 442, Senate Print 4647, by Senator Kennedy, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 7. This
25 act shall take effect on the 90th day after it
1736
1 shall have become a law.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 467, Senate Print 2450, by Senator Krueger, an
12 act to amend the Penal Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of November.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Senator
21 Scarcella-Spanton to explain her vote.
22 SENATOR SCARCELLA-SPANTON: Thank
23 you, Madam President.
24 In today's modern world we need to
25 be vigilant in protecting people against all
1737
1 forms of harassment, especially when it comes to
2 electronic communication. This commonsense
3 legislation will close the loophole that would
4 allow perpetrators to weaponize technology --
5 whether it be harassing and threatening text
6 messages, unsolicited photos, or menacing
7 emails -- to face the penalty of aggravated
8 harassment in the second degree.
9 This bill will further protect
10 victims of harassment, especially those who are
11 experiencing domestic violence. As technology
12 has advanced, so too has the means in which
13 abusers use this tactic to maintain power and
14 control of their victims. Among phone calls,
15 individuals who are intent on harassment will
16 often use technology as a weapon to taunt, bully
17 and monitor their victims.
18 According to the National Network to
19 End Domestic Violence survey of survivor
20 networks, an alarming but unsurprising 96 percent
21 of victims reported that their abusers were also
22 harassing them via text.
23 Whether you are the victim of
24 physical or emotional abuse, chances are you are
25 being coercively controlled using technology in
1738
1 the process.
2 I thank and commend Senator Krueger
3 for introducing this legislation and proudly vote
4 aye.
5 ACTING PRESIDENT MAYER: Senator
6 Scarcella-Spanton to be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 467 --
11 ACTING PRESIDENT MAYER: I'm sorry.
12 Senator Krueger to explain her vote.
13 SENATOR KRUEGER: Thank you,
14 Madam President.
15 Well, I want to thank my colleague
16 for getting up and giving the speech I intended
17 to give. So thank you very much.
18 And also would urge that all my
19 colleagues vote for this commonsense bill that is
20 truly critical in people's lives in this day and
21 age.
22 Thank you, Madam President. I vote
23 yes.
24 ACTING PRESIDENT MAYER: Senator
25 Krueger to be recorded in the affirmative.
1739
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 467, those Senators voting in the
4 negative are Senators Brisport and Salazar.
5 Ayes, 60. Nays, 2.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 468, Senate Print 2922, by Senator Cleare, an act
10 to amend the Penal Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of November.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 468, voting in the negative:
22 Senator Lanza.
23 Ayes, 61. Nays, 1.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
1740
1 THE SECRETARY: Calendar Number
2 479, Senate Print 4354, by Senator Breslin, an
3 act to amend the Insurance Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 481, Senate Print 623, by Senator Kavanagh, an
18 act authorizing and directing the Committee on
19 Open Government to study proactive disclosure as
20 a means of increasing transparency.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
1741
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 Senator Serrano, that completes the
9 reading of today's calendar.
10 SENATOR SERRANO: Thank you.
11 Is there any further business at the
12 desk?
13 ACTING PRESIDENT MAYER: There is
14 no further business at the desk.
15 SENATOR SERRANO: Okay. I move to
16 adjourn until Wednesday, March 22nd, at 3:00 p.m.
17 ACTING PRESIDENT MAYER: On motion,
18 the Senate stands adjourned until Wednesday,
19 March 22nd, at 3:00 p.m.
20 (Whereupon, at 4:30 p.m., the Senate
21 adjourned.)
22
23
24
25