Regular Session - January 31, 2024

                                                                   498

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 31, 2024

11                     12:24 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

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:   The 

14    reading of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    January 30, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, January 29, 

18    2024, 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                 The Secretary will read.

25                 THE SECRETARY:   Senator Rivera 


                                                               500

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 8523 and substitute it for 

 3    the identical Senate Bill 8055, Third Reading 

 4    Calendar 45.

 5                 Senator Sanders moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 8537 and substitute it for the identical 

 8    Senate Bill 8094, Third Reading Calendar 73.

 9                 Senator Cooney moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 8550 and substitute it for the identical 

12    Senate Bill 8023, Third Reading Calendar 177.

13                 Senator Webb moves to discharge, 

14    from the Committee on Rules, Assembly Bill 

15    Number 8563 and substitute it for the identical 

16    Senate Bill 8027, Third Reading Calendar 178.

17                 Senator Mannion moves to discharge, 

18    from the Committee on Rules, Assembly Bill 

19    Number 8546 and substitute it for the identical 

20    Senate Bill Number 8032, Third Reading Calendar 

21    180.  

22                 Senator Serrano moves to discharge, 

23    from the Committee on Rules, Assembly Bill 

24    Number 8527 and substitute it for the identical 

25    Senate Bill 8041, Third Reading Calendar 181.


                                                               501

 1                 Senator Hoylman-Sigal moves to 

 2    discharge, from the Committee on Rules, 

 3    Assembly Bill Number 8570 and substitute it for 

 4    the identical Senate Bill 8042, Third Reading 

 5    Calendar 182.

 6                 Senator Rivera moves to discharge, 

 7    from the Committee on Rules, Assembly Bill 

 8    Number 8497 and substitute it for the identical 

 9    Senate Bill 8047, Third Reading Calendar 186.

10                 ACTING PRESIDENT MAYER:   So 

11    ordered.

12                 Messages from the Governor.

13                 Reports of standing committees.

14                 Reports of select committees.

15                 Communications and reports from 

16    state officers.

17                 Motions and resolutions.

18                 Senator Serrano.

19                 SENATOR SERRANO:   Thank you, 

20    Madam President.  

21                 On page 16 I offer the following 

22    amendments to Calendar Number 113, Senate Print 

23    Number 7783A, by Senator Gianaris, and I ask that 

24    that bill retain its place on the Third Reading 

25    Calendar.


                                                               502

 1                 ACTING PRESIDENT MAYER:   The 

 2    amendments are received, and the bill will retain 

 3    its place on the Third Reading Calendar.

 4                 Senator Serrano.

 5                 SENATOR SERRANO:   On motions and 

 6    resolutions, Madam President, please take up 

 7    previously adopted Resolution 1742, by 

 8    Senator Webb, read the resolution title only, and 

 9    recognize Senator Webb.

10                 ACTING PRESIDENT MAYER:   The 

11    Secretary will read.

12                 THE SECRETARY:   Senate Resolution 

13    1742, by Senator Webb, memorializing 

14    Governor Kathy Hochul to proclaim January 2024 as 

15    Slavery and Human Trafficking Prevention Month in 

16    the State of New York.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Webb on the resolution.

19                 SENATOR WEBB:   Thank you, 

20    Madam President.  

21                 I rise to thank my colleagues here 

22    in the Senate for supporting this resolution 

23    memorializing Governor Kathy Hochul's 

24    proclamation to declare January 2024 as Slavery 

25    and Human Trafficking Prevention Month in the 


                                                               503

 1    State of New York.

 2                 This was first declared as Slavery 

 3    and Human Trafficking Prevention Month back in 

 4    2010, and January has been a time to acknowledge 

 5    those experiencing, still in this day, 

 6    enslavement, and those who have escaped.  

 7                 Although slavery is commonly thought 

 8    to be a thing of the past, human traffickers 

 9    continue to trap millions of people in horrific 

10    situations around the world and can target our 

11    communities.

12                 Human trafficking is a global 

13    phenomenon that generates $150 billion in annual 

14    profits.  And in the year 2021, an estimated 

15    25 million people were trafficked all over the 

16    world.

17                 There is a strong relationship 

18    between human trafficking and missing and 

19    murdered Black and Indigenous women and girls of 

20    color, an issue we have recently addressed here 

21    in New York with my legislation, the New York 

22    State BIPOC Task Force, which is now a law, which 

23    was recently signed.  

24                 And this task force will work in 

25    tandem with the Interagency Task Force on 


                                                               504

 1    Human Trafficking to develop policy changes with 

 2    the New York State government agencies to address 

 3    the lack of care and concern for trafficking 

 4    victims of color.

 5                 The statistics are 

 6    disproportionately worse for BIPOC community 

 7    members nationwide, and here in New York is no 

 8    exception.  According to data from the National 

 9    Crime Information Center, of the more than 

10    250,000 women and girls that were reported 

11    missing across the country in the year 2020, 

12    40 percent were BIPOC, and with Black women and 

13    girls making up 30 percent of those numbers.

14                 Slavery and Human Trafficking 

15    Prevention Month was implemented to raise public 

16    awareness about this serious issue, one which we 

17    in this legislative body have taken significant 

18    actions to combat.  And I want to thank my 

19    colleagues for continuing to do the good work on 

20    this.

21                 Additionally, Madam President, on 

22    the occasion of this resolution I would like to 

23    welcome a distinguished guest to our chamber.  

24                 Dawn Rowe is the president and 

25    founder of Girl Vow, Incorporated, a nonprofit 


                                                               505

 1    organization dedicated to lifting up the voices 

 2    of Black women and girls and brown women and 

 3    girls.  

 4                 Under Dawn's leadership, Girl Vow 

 5    performs critical work fighting for justice for 

 6    the staggering number of missing and murdered 

 7    women and girls of color here in New York and 

 8    across the nation -- women and girls who are 

 9    often victims of human trafficking.

10                 Dawn's presence in our chamber today 

11    is a testament to her tireless work as an 

12    advocate for missing and murdered BIPOC women and 

13    girls.  I am humbled and proud to call Dawn not 

14    only a friend but an unwavering advocate.  And I 

15    am inspired by her work to help families and 

16    communities across our state and nationally to 

17    find missing loved ones so that they can heal.

18                 She inspires me and many others with 

19    her service.  She works tirelessly, especially to 

20    support marginalized women who, as we know, do 

21    not get the same care and concern when they go 

22    missing.  

23                 Earlier today we celebrated the 

24    signing of the task force legislation -- which is 

25    now law -- to address this epidemic of missing 


                                                               506

 1    and murdered BIPOC girls and women here in 

 2    New York.  I want to thank Dawn and Girl Vow for 

 3    their partnership and for their continued work to 

 4    make New York a safe and secure place for every 

 5    girl and every woman.  

 6                 And with that, Madam President, I 

 7    ask that you welcome Dawn to our chamber, and I 

 8    ask my colleagues to vote in favor of this 

 9    resolution by saying aye.

10                 Thank you so much.

11                 ACTING PRESIDENT MAYER:   Thank you, 

12    Senator Webb.

13                 To our guest, Ms. Dawn Rowe, we 

14    welcome you on behalf of the Senate.  We extend 

15    to you the privileges and courtesies of the 

16    house.  

17                 Please stand and be recognized.

18                 (Standing ovation.)

19                 ACTING PRESIDENT MAYER:   The 

20    resolution was previously adopted on 

21    January 30th.

22                 Senator Serrano.

23                 SENATOR SERRANO:   Thank you, 

24    Madam President.  

25                 At the request of the sponsor, the 


                                                               507

 1    resolution is open for cosponsorship.

 2                 ACTING PRESIDENT MAYER:   The 

 3    resolution is open for cosponsorship.  Should you 

 4    choose not to be a cosponsor on the resolution, 

 5    please notify the desk.

 6                 Senator Serrano.

 7                 SENATOR SERRANO:   Thank you.

 8                 Let's please take up the reading of 

 9    the calendar.  

10                 ACTING PRESIDENT MAYER:   The 

11    Secretary will read.

12                 THE SECRETARY:   Calendar Number 45, 

13    Assembly Print 8523, by Assemblymember Paulin, an 

14    act to amend the Public Health Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

19    same manner as a chapter of the Laws of 2023.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               508

 1    Calendar 45, those Senators voting in the 

 2    negative are Senators Borrello, Gallivan and 

 3    Oberacker.

 4                 Ayes, 49.  Nays, 3.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 73, 

 8    Assembly Bill Number 8537, by 

 9    Assemblymember Hunter, an act to amend the 

10    Banking Law and the New York State Urban 

11    Development Corporation Act.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 5.  This 

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

16    same manner as a chapter of the Laws of 2023.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 52.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               509

 1    172, Senate Print Number 8017, by 

 2    Senator Stavisky, an act to amend a chapter of 

 3    the Laws of 2023.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  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:   In relation to 

14    Calendar 172, voting in the negative:  

15    Senator Lanza.  

16                 Ayes, 51.  Nays, 1.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    177, Assembly Bill Number 8550, by 

21    Assemblymember Rajkumar, an act to amend the 

22    Executive Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               510

 1    act shall take effect immediately.

 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, 52.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    178, Assembly Bill Number 8563, by 

12    Assemblymember Bichotte Hermelyn, an act to amend 

13    the Executive Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.  

16                 THE SECRETARY:   Section 2.  This 

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

18    same manner as a chapter of the Laws of 2023.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 52.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               511

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    179, Senate Print Number 8031, by 

 4    Senator Hoylman-Sigal, an act to amend the 

 5    Environmental Conservation Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 5.  This 

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

10    same manner as a chapter of the Laws of 2023.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator 

15    Borrello to explain his vote.

16                 SENATOR BORRELLO:   Thank you, 

17    Madam President.  

18                 I realize that this chapter 

19    amendment undoes some of the more damaging parts 

20    of the Birds and Bees Act, but I still can't in 

21    good conscience vote in favor of this bill.  

22                 We once again, as a body, as a 

23    State Legislature and a state government, have 

24    cut open a huge, gaping wound in our agricultural 

25    industry, and now we've handed them a Band-Aid 


                                                               512

 1    and we expect them to say thank you.  And that's 

 2    what this is.  

 3                 So I understand the Governor 

 4    negotiated, after signing the bill, some of these 

 5    changes.  That was certainly a leap of faith on 

 6    her part.  But again, she's been the arsonist 

 7    firefighter once again -- created a problem for 

 8    our agriculture industry and now wants a 

 9    thank-you for making it less bad, we'll say.

10                 The bottom line is this, folks.  We 

11    have taken huge, huge chunks out of our 

12    agricultural industry here in New York State.  

13    And I thought, after the pandemic, we saw the 

14    impact of a weak food supply chain on our state.  

15    And once again, we are not going to eliminate 

16    these coated seeds from the food supply chain, 

17    not here in New York State.  Instead, we're going 

18    to rely on other countries and other states for 

19    our agricultural needs, for our food, the things 

20    that we need every day to feed our families.  

21                 So we can stand here and pat 

22    ourselves on the back that we've done something, 

23    but in the end we've done nothing except for put 

24    another nail in the coffin of our agriculture 

25    industry.  


                                                               513

 1                 So I'll be voting no.  Thank you.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Borrello to be recorded in the negative.

 4                 Announce the results.  

 5                 THE SECRETARY:   In relation to 

 6    Calendar 179, those Senators voting in the 

 7    negative are Senators Borrello, Gallivan, Lanza, 

 8    Mannion, Oberacker, O'Mara, Ortt, Rolison, Stec 

 9    and Weber.  Also Senator Tedisco.

10                 Ayes, 41.  Nays, 11.

11                 ACTING PRESIDENT MAYER:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    180, Assembly Bill Number 8546, by 

15    Assemblymember Burdick, an act to amend the 

16    State Technology Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 3.  This 

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

21    same manner as a chapter of the Laws of 2023.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               514

 1    the results.

 2                 THE SECRETARY:   Ayes, 52.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    181, Assembly Bill Number 8527, by 

 7    Assemblymember O'Donnell, an act to amend the 

 8    Parks, Recreation and Historic Preservation Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

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

13    same manner as a chapter of the Laws of 2023.

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, 52.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    182, Assembly Bill Number 8570, by 

24    Assemblymember Lee, an act to amend the 

25    General Business Law.


                                                               515

 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

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

 5    same manner as a chapter of the Laws of 2023.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 182, those Senators voting in the 

13    negative are Senators Gallivan, Griffo, Helming, 

14    Lanza, Murray, Oberacker, O'Mara, Ortt, Palumbo, 

15    Stec and Tedisco.

16                 Ayes, 41.  Nays, 11.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    186, Assembly Bill Number 8497, by 

21    Assemblymember Paulin, an act to amend the 

22    Public Health Law and a chapter of the Laws of 

23    2023.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               516

 1                 THE SECRETARY:   Section 4.  This 

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

 3    same manner as a chapter of the Laws of 2023.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 52.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 Senator Serrano, that completes the 

13    reading of today's calendar.

14                 SENATOR SERRANO:   Thank you.  

15                 Is there any further business at the 

16    desk?

17                 ACTING PRESIDENT MAYER:   There is 

18    no further business at the desk.

19                 SENATOR SERRANO:   I move to adjourn 

20    until Monday, February 5th, at 3:00 p.m., with 

21    the intervening days being legislative days.

22                 ACTING PRESIDENT MAYER:   On motion, 

23    the Senate stands adjourned until Monday, 

24    February 5th, at 3:00 p.m, with the intervening 

25    days being legislative days.


                                                               517

 1                 (Whereupon, at 12:38 p.m., the 

 2    Senate adjourned.)

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