Regular Session - February 5, 2024

                                                                   530

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 5, 2024

11                      3:10 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY A. COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               531

 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 to please rise and 

 5  recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.) 

 8                 ACTING PRESIDENT COONEY:   I'd like 

 9    to invite the Reverend Dr. Sabu Varghese, of the 

10    India Christian Assembly in Levittown, New York, 

11    to deliver today's invocation.

12                 Pastor.

13                 REVEREND DR. VARGHESE:   Let us 

14    pray.

15                 Our Father who art in heaven, 

16    hallowed be Thy name.  Your kingdom come, Your 

17    will be done, on earth as it is in heaven.  

18                 As we gather here today, we ask that 

19    You give our lawmakers here wisdom from above for 

20    the doing of Your will, so that this state may 

21    shine with justice, righteousness and peace.  

22                 As we read in Romans 13:1, everyone 

23    must submit himself to the governing authorities, 

24    for there is no authority except which God 

25    has established.  The authorities that exist have 


                                                               532

 1    been established by God.  

 2                 We acknowledge that Your divine 

 3    authority reigns over our government and its 

 4    people.  We pray that these servants of Yours 

 5    will be united in their decisions and always have 

 6    the good of the citizens at the forefront of 

 7    their minds.  May Your people be blessed by their 

 8    service to them.

 9                 We thank You for lending Your ears 

10    to our prayers, because we have asked these 

11    things in the name of Jesus Christ, our Lord and 

12    Savior.  Amen.

13                 (Response of "Amen.")

14                 ACTING PRESIDENT COONEY:   Reading 

15    of the Journal.

16                 THE SECRETARY:   In Senate, Sunday, 

17    February 4, 2024, the Senate met pursuant to 

18    adjournment.  The Journal of Saturday, 

19    February 3, 2024, was read and approved.  On 

20    motion, the Senate adjourned.

21                 ACTING PRESIDENT COONEY:   Without 

22    objection, the Journal stands approved as read.

23                 Presentation of petitions.

24                 Messages from the Assembly.

25                 The Secretary will read.


                                                               533

 1                 THE SECRETARY:   Senator O'Mara 

 2    moves to discharge, from the Committee on Rules, 

 3    Assembly Bill Number 8567 and substitute it for 

 4    the identical Senate Bill 8081, Third Reading 

 5    Calendar 63.

 6                 Senator Rivera moves to discharge, 

 7    from the Committee on Rules, Assembly Bill 

 8    Number 8522 and substitute it for the identical 

 9    Senate Bill 8056, Third Reading Calendar 191.

10                 Senator Cleare moves to discharge, 

11    from the Committee on Rules, Assembly Bill 

12    Number 8604 and substitute it for the identical 

13    Senate Bill 8063, Third Reading Calendar 193.

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 afternoon, 

24    Mr. President.  

25                 Let's begin by taking up the reading 


                                                               534

 1    of the calendar.

 2                 ACTING PRESIDENT COONEY:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Calendar Number 63, 

 5    Assembly Print Number 8567, by Assemblymember 

 6    Palmesano, an act to amend a chapter of the Laws 

 7    of 2023.

 8                 ACTING PRESIDENT COONEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 50.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    191, Assembly Bill Number 8522, by 

22    Assemblymember Paulin, an act to amend a chapter 

23    of the Laws of 2023.

24                 ACTING PRESIDENT COONEY:   Read the 

25    last section.


                                                               535

 1                 THE SECRETARY:   Section 2.  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, 50.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.  

11                 THE SECRETARY:   Calendar Number 

12    193, Assembly Bill Number 8604, by 

13    Assemblymember Clark, an act to amend the 

14    Judiciary Law.

15                 ACTING PRESIDENT COONEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT COONEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT COONEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 50.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               536

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    194, Senate Print 8067, by Senator Skoufis, an 

 4    act to amend the Parks, Recreation and Historic 

 5    Preservation Law.

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT COONEY:   Lay it 

 8    aside.

 9                 THE SECRETARY:   Calendar Number 

10    197, Senate Print 8074, by Senator Krueger, an 

11    act to amend the General Construction Law.

12                 ACTING PRESIDENT COONEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  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 COONEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT COONEY:   Announce 

21    the results.  

22                 THE SECRETARY:   In relation to 

23    Calendar Number 197, those Senators voting in the 

24    negative are Senators Griffo, Helming, Lanza, 

25    Mattera, Oberacker, Ortt, Stec, Tedisco and Weik.


                                                               537

 1                 Ayes, 43.  Nays, 9.

 2                 ACTING PRESIDENT COONEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    204, Senate Print 3385A, by Senator Brisport, an 

 6    act to establish a task force on educator 

 7    diversity in New York State.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT COONEY:   Lay it 

10    aside.

11                 THE SECRETARY:   Calendar Number 

12    258, Senate Print 1032, by Senator Jackson, an 

13    act to amend the Arts and Cultural Affairs Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT COONEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT COONEY:   Senator 

22    Jackson to explain his vote.

23                 SENATOR JACKSON:   Thank you.

24                 My colleagues, I stand in front of 

25    you today to advocate for this bill that enhances 


                                                               538

 1    the mission of the Amistad Commission.  The bill 

 2    number is 1032.  It was established by the 

 3    Legislature in 2005, the commission's role to be 

 4    pivotal in integrating the history of chattel 

 5    slavery into our state curriculum.  

 6                 Despite its initial placement within 

 7    the State Department, a 2016 report recommended a 

 8    strategic shift, proposing its integration into 

 9    the State Education Department, a move aligning 

10    more closely with its educational objectives.  

11                 Named after the historic 1839 

12    Amistad uprising led by enslaved Africans on a 

13    Spanish vessel, the commission embodies a story 

14    of courage and justice.  This uprising, which 

15    remarkably led to their liberation by the U.S. 

16    Supreme Court, stands as a symbol of resistance 

17    and rights.  

18                 In times when influential figures 

19    and groups attempt to underplay the significance 

20    of Black history, the necessity to amplify this 

21    fundamental aspect of our past becomes even more 

22    pressing.  It's a critical moment to reexamine 

23    and bolster the commission's mandate.  

24                 My bill, S1032, advocates for a 

25    logical and widely endorsed shift of the 


                                                               539

 1    Amistad Commission under the Department of 

 2    Education purview.  And this move not only 

 3    enhances its effectiveness, but also aligns with 

 4    our commitment to educate the next generation 

 5    about the harrowing history and enduring impact 

 6    of slavery upon systemic racism.  

 7                 So I call upon my colleagues to 

 8    support this pivotal legislation.  Let us heed 

 9    the timeless warning:  "Those who do not learn 

10    history are doomed to repeat it."  In unity, 

11    let's collectively ensure our educational system 

12    becomes a powerful tool for learning.

13                 Thank you.

14                 ACTING PRESIDENT COONEY:   Senator 

15    Jackson to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   Ayes, 56.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    261, Senate Print 1192, by Senator Persaud, an 

22    act to amend the Education Law.

23                 ACTING PRESIDENT COONEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               540

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT COONEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT COONEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 261, voting in the negative are 

 9    Senators Helming, Lanza, Oberacker and Ortt.

10                 Ayes, 52.  Nays, 4.

11                 ACTING PRESIDENT COONEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    264, Senate Print 1988, by Senator Jackson, an 

15    act to amend the Education Law.

16                 ACTING PRESIDENT COONEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT COONEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT COONEY:   Senator 

24    Jackson to explain his vote.

25                 SENATOR JACKSON:   Thank you, 


                                                               541

 1    Mr. President.

 2                 My colleagues, I stand before you 

 3    today to advocate for Bill 1988, a measure I'm 

 4    proud to sponsor.  

 5                 In the diverse landscape of 

 6    New York's public schools, New York faces a 

 7    teacher diversity problem.  In public schools 

 8    across New York the number of minority students 

 9    significantly exceeds half the total student 

10    population, especially in central urban 

11    districts, where nine out of ten students are not 

12    white.

13                 Being a teacher from an 

14    underrepresented racial or ethnic group can 

15    isolate, making it challenging for performance 

16    regarding the job effectively.

17                 However, the percentage of educators 

18    of color has remained stagnant, despite a growing 

19    body of research demonstrating that a diverse 

20    teacher workforce has a positive impact on the 

21    entire student body.

22                 This imbalance not only places an 

23    undue burden on these educators, who become 

24    inadvertent role models and mentors for students 

25    of color, but also leads to a feeling of 


                                                               542

 1    alienation among their peers.  

 2                 Bill 1988 is a step toward 

 3    rectifying this imbalance.  Its aim is to provide 

 4    resources for mentorship and networking 

 5    opportunities for underrepresented teachers, 

 6    enabling them to share best practices and 

 7    experiences.  

 8                 It directs NYSED, the New York State 

 9    Education Department, to organize annual 

10    statewide and five regional conventions for 

11    underrepresented teachers.  By doing so, we are 

12    allocating resources to enhance the support 

13    network for these teachers, ultimately improving 

14    the education provided to the diverse children of 

15    New York State.

16                 So let's pave the way for greater 

17    diversity in New York State's educational system, 

18    and I hope you will join me in voting aye on this 

19    bill.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Jackson to be recorded in the affirmative.

22                 Senator May to explain her vote.

23                 SENATOR MAY:   Thank you, 

24    Mr. President.

25                 I'm very pleased to support this 


                                                               543

 1    package of bills that are promoting recruitment 

 2    and retention of underrepresented teachers.  

 3                 I had the opportunity last year to 

 4    visit a school in my district that has about -- 

 5    really, 99 percent of the students are Black or 

 6    brown.  And I went from class to class, and the 

 7    teachers were working hard to engage the 

 8    students.  And the students were mostly paying 

 9    attention.  

10                 But then we went into a classroom 

11    that was taught by a young Black teacher who 

12    literally had the kids in the palm of her hand.  

13    They -- they were so excited and wanted to answer 

14    every question.  They were falling all over 

15    themselves to answer her questions.

16                 And it was mostly because she was a 

17    very gifted teacher, but it was also clearly 

18    because she looked like them, and they could 

19    imagine being like her someday.

20                 And it made me realize not just how 

21    important it is for kids to have role models that 

22    they can identify with in their classrooms, but 

23    how lonely the job of that teacher must have 

24    been.

25                 And so this -- this effort to bring 


                                                               544

 1    teachers together all across the state so that 

 2    they can support each other and help each other, 

 3    recruit additional people who look like them -- 

 4    this is a really important effort for the 

 5    teachers as well as for the students.

 6                 So I am proud to vote aye.

 7                 Thank you.

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    May to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 264, voting in the negative:  

13    Senator Lanza.

14                 Ayes, 60.  Nays, 1.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    271, Senate Print 3408, by Senator Parker, an act 

19    to amend the Education Law.

20                 ACTING PRESIDENT COONEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT COONEY:   Call the 

25    roll.


                                                               545

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Parker to explain his vote.

 4                 SENATOR PARKER:   Thank you, 

 5    Mr. President.

 6                 We know that education is not simply 

 7    a key to open up the door of opportunity, but is 

 8    a sledgehammer to knock that door of opportunity 

 9    down.  So I'm happy to support this package and 

10    want to thank the leadership for bringing this 

11    package of bills that actually addresses the 

12    issues around diversity and equity and inclusion, 

13    and by retaining teachers that in fact fit the 

14    model of not just looking like the people in the 

15    classroom but also providing a cultural 

16    competency that those students need in order for 

17    them to best learn.  

18                 This bill coming to the floor is a 

19    testament to the idea that the slow and the 

20    steady win the race.  I was a cosponsor of this 

21    bill with now Congressman but at the time 

22    Assemblyman Espaillat back in 2005, when I first 

23    started in this body the Democratic Task Force on 

24    New Americans.  And the idea is to create a space 

25    in which inclusion was a necessity.  


                                                               546

 1                 When you look at some school 

 2    districts, especially in places like Queens, when 

 3    you have literally schools where like 50, 60, 

 4    70 languages -- more than that, okay, 90, 100 

 5    languages being spoken in school districts and in 

 6    individual schools, this bill is really necessary 

 7    because it provides the kind of economic 

 8    incentive and boost that teachers need in order 

 9    to make sure that bilingual teachers are 

10    available in our schools.  

11                 We must continue to push to make 

12    sure that we create every opportunity for our 

13    young people to be educated, because they are the 

14    future, and the better we educate them, the 

15    better our society will be going forward.

16                 I vote aye and encourage my 

17    colleagues to vote aye as well.

18                 ACTING PRESIDENT COONEY:   Senator 

19    Parker to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 271, voting in the negative:  

23    Senator Oberacker.

24                 Ayes, 60.  Nays, 1.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               547

 1    is passed.

 2                 Senator Gianaris, that completes the  

 3    reading of today's calendar.  

 4                 SENATOR GIANARIS:   In that case, 

 5    let's move to the reading of the controversial 

 6    calendar.  

 7                 ACTING PRESIDENT COONEY:   The 

 8    Secretary will ring the bell.

 9                 The Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    194, Senate Print 8067, by Senator Skoufis, an 

12    act to amend the Parks, Recreation and Historic 

13    Preservation Law.

14                 ACTING PRESIDENT COONEY:   Senator 

15    Lanza, why do you rise?

16                 SENATOR LANZA:   Mr. President, I 

17    believe there's an amendment at the desk.  I 

18    waive the reading of that amendment and ask that 

19    you recognize Senator Helming.

20                 ACTING PRESIDENT COONEY:   Thank 

21    you, Senator Lanza. 

22                 Upon review of the amendment, in 

23    accordance with Rule 6, Section 4B, I rule it 

24    nongermane and out of order at this time.

25                 SENATOR LANZA:   Accordingly, 


                                                               548

 1    Mr. President, I appeal the ruling of the chair 

 2    and ask that Senator Helming be heard on the 

 3    appeal.

 4                 ACTING PRESIDENT COONEY:   The 

 5    appeal has been made and recognized, and 

 6    Senator Helming may be heard.

 7                 SENATOR HELMING:   Thank you, 

 8    Mr. President.  

 9                 Mr. President, the proposed 

10    amendment is clearly germane as both the 

11    amendment and the bill before this chamber 

12    recognize the significant service and sacrifice 

13    of our veterans and propose eliminating fees for 

14    veterans.

15                 The bill before the chamber would 

16    allow veterans and Gold Star families to visit 

17    public campsites, parks and other places of 

18    recreation free of charge.  This is a fantastic 

19    proposal that I wholeheartedly support.

20                 Veterans and their families make 

21    tremendous sacrifices to serve our country, and 

22    this bill is just the beginning of the steps this 

23    body should take to acknowledge their sacrifice.

24                 I'm proposing an amendment that 

25    would further acknowledge our state's veterans 


                                                               549

 1    and provide another small benefit in return for 

 2    their great sacrifice.  This amendment, based on 

 3    Senate Bill 3205, would eliminate sporting 

 4    license fees for honorably discharged veterans 

 5    with a 40 percent or greater service-connected 

 6    disability.

 7                 Hunting, fishing and trapping are a 

 8    way of life for many New Yorkers and offer 

 9    residents the opportunity to experience our 

10    natural beauty and the abundance of our great 

11    state.  In addition, these outdoor activities 

12    have been shown to improve mental health and to 

13    help our veterans cope with posttraumatic stress 

14    disorder.

15                 A study by the United States 

16    Department of Veterans Affairs found that roughly 

17    7 percent of veterans will experience PTSD.  Even 

18    more staggering, 29 percent of the veterans of 

19    the wars in Iraq and Afghanistan will experience 

20    PTSD in their lifetime.  In many cases PTSD can 

21    lead to a disability determination for veterans 

22    returning to civilian life.  

23                 This is a reminder for this body we 

24    should take every step possible to provide 

25    outlets and opportunities for veterans suffering 


                                                               550

 1    from service-related disabilities, to improve 

 2    their mental health and take advantage of the 

 3    many recreational opportunities throughout our 

 4    state.

 5                 This is exactly what my proposed 

 6    amendment would accomplish by removing the 

 7    financial barrier that stands in the way for many 

 8    veterans hoping to pursue hunting, fishing or 

 9    trapping.

10                 For these reasons, Mr. President, I 

11    strongly urge you to reconsider your ruling.

12                 ACTING PRESIDENT COONEY:   Thank 

13    you, Senator Helming.  

14                 I want to remind the house that the 

15    vote is on the procedures of the house and the 

16    ruling of the chair.  

17                 Those in favor of overruling the 

18    chair signify by saying aye.

19                 (Response of "Aye.")

20                 SENATOR LANZA:  Show of hands.   

21                 ACTING PRESIDENT COONEY:   A show of 

22    hands has been requested and so ordered.  

23                 Announce the results.

24                 THE SECRETARY:   Ayes, 20.

25                 ACTING PRESIDENT COONEY:   The 


                                                               551

 1    ruling of the chair stands, and the bill-in-chief 

 2    is before the house.

 3                 Read the last section.

 4                 THE SECRETARY:   Section 2.  This 

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

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

 7                 ACTING PRESIDENT COONEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT COONEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 61.

13                 ACTING PRESIDENT COONEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    204, Senate Print 3385A, by Senator Brisport, an 

17    act to establish a task force on educator 

18    diversity in New York State.

19                 ACTING PRESIDENT COONEY:   Senator 

20    Lanza, why do you rise?  

21                 SENATOR LANZA:   Mr. President, I 

22    believe there's an amendment at the desk.  I 

23    waive the reading of that amendment and ask that 

24    you recognize Senator Tedisco.

25                 ACTING PRESIDENT COONEY:   Thank 


                                                               552

 1    you, Senator Lanza.  

 2                 Upon review of the amendment, in 

 3    accordance with Rule 6, Section 4B, I rule it 

 4    nongermane and out of order at this time.

 5                 SENATOR LANZA:   Accordingly, 

 6    Mr. President, I appeal the ruling of the chair 

 7    and ask that Senator Tedisco be recognized to be 

 8    heard on the appeal.

 9                 ACTING PRESIDENT COONEY:   The 

10    appeal has been made and recognized, and 

11    Senator Tedisco may be heard.

12                 SENATOR TEDISCO:   Thank you, 

13    Mr. President.

14                 As I rise to appeal the ruling of 

15    the chair, it's clear the proposed amendment is 

16    germane to the bill at hand because the bill at 

17    hand creates an educational task force, which the 

18    amendment I have brought today also creates.  

19                 This task force is centered on the 

20    impact of pandemic learning loss on our children.  

21    The pandemic forced children out of classroom and 

22    onto iPads.  It put extra burdens on teachers, 

23    who had to come up with every avenue possible to 

24    educate students, many of whom were not engaged 

25    with their schooling as they would have been in a 


                                                               553

 1    classroom environment.  

 2                 It increased pressure on parents, 

 3    forcing them to take on the role of substitute 

 4    teacher.  It put masks on toddlers learning to 

 5    speak.

 6                 The setback this has created for 

 7    children of all ages is still unknown.  We do 

 8    know that many children, especially children of 

 9    color, are behind the curve on the very basics of 

10    education.  Math and reading scores are down, and 

11    we're losing a generation of talented students 

12    and kids.  

13                 We must take the steps necessary to 

14    identify how big the problem is and what we are, 

15    as a state, going to do to help those kids back 

16    on track.  Instead of cutting money for schools, 

17    as the Governor is proposing, we should put money 

18    back into the budget and help these kids move 

19    forward.  This is a start with that, creating a 

20    task force to help them help us move them 

21    forward.

22                 For these reasons, I strongly urge 

23    you to reconsider your ruling.

24                 ACTING PRESIDENT COONEY:   Thank 

25    you, Senator.  


                                                               554

 1                 I want to remind the house that the 

 2    vote is on the procedures of the house and the 

 3    ruling of the chair.  

 4                 Those in favor of overruling the 

 5    chair, signify by saying aye.  

 6                 (Response of "Aye.")

 7                 SENATOR LANZA:   Show of hands.  

 8                 ACTING PRESIDENT COONEY:   A show of 

 9    hands has been requested and so ordered.

10                 Announce the results.

11                 THE SECRETARY:   Ayes, 20.

12                 ACTING PRESIDENT COONEY:   The 

13    ruling of the chair stands, and the bill-in-chief 

14    is before the house.

15                 Senator Canzoneri-Fitzpatrick, why 

16    do you rise?

17                 SENATOR CANZONERI-FITZPATRICK:   

18    Thank you, Mr. President.  I was wondering if the 

19    sponsor would yield for a few questions.

20                 ACTING PRESIDENT COONEY:   Does the 

21    sponsor yield?  

22                 SENATOR BRISPORT:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.

25                 SENATOR CANZONERI-FITZPATRICK:   


                                                               555

 1    Thank you.  

 2                 Through you, Mr. President, I'd like 

 3    to know if the term "educators" is defined in 

 4    this bill.

 5                 SENATOR BRISPORT:   Through you, 

 6    Mr. President, "educators" is self-explanatory.

 7                 SENATOR CANZONERI-FITZPATRICK:  

 8    Through you, Mr. President, will the sponsor 

 9    continue to yield.

10                 ACTING PRESIDENT COONEY:   Does the 

11    sponsor yield? 

12                 SENATOR BRISPORT:   Yes.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.

15                 SENATOR CANZONERI-FITZPATRICK:   

16    Will the task force be permitted -- and will it 

17    be within the scope of the task force -- to look 

18    at administrators in addition to educators?

19                 SENATOR BRISPORT:   Through you, 

20    Mr. President, the task force is referred to as a 

21    task force on educator diversity.

22                 SENATOR CANZONERI-FITZPATRICK: 

23    Through you, Mr. President, will the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT COONEY:   Does the 


                                                               556

 1    sponsor yield? 

 2                 SENATOR BRISPORT:   Yes.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.

 5                 SENATOR CANZONERI-FITZPATRICK:     

 6    Thank you. 

 7                 Will this bill be limited to 

 8    educators in grades K through 12, or will it also 

 9    apply to colleges and universities?

10                 SENATOR BRISPORT:   Through you, 

11    Mr. President, this bill does not put 

12    stipulations on the grade levels.

13                 SENATOR CANZONERI-FITZPATRICK:    

14    Will the sponsor continue to yield.  

15                 ACTING PRESIDENT COONEY:   Does the 

16    sponsor yield? 

17                 SENATOR BRISPORT:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR CANZONERI-FITZPATRICK: In 

21    light of what has gone on at CUNY with the senior 

22    leadership, I'd like to know if the sponsor is 

23    aware of the Jewish representation on the CUNY 

24    senior leadership board.

25                 SENATOR BRISPORT:   Through you, 


                                                               557

 1    Mr. President, I don't have that in front of me.

 2                 SENATOR CANZONERI-FITZPATRICK:   

 3    Will the sponsor continue to yield.  

 4                 ACTING PRESIDENT COONEY:   Does the 

 5    sponsor yield?

 6                 SENATOR BRISPORT:   Yes.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.

 9                 SENATOR CANZONERI-FITZPATRICK:   So 

10    just last spring it was revealed that the two 

11    Jewish remaining members on CUNY's board were 

12    resigning or removed, leaving no Jewish members 

13    on the 80-member leadership board.  

14                 And I'm wondering if this task force 

15    could evaluate the representation of groups like 

16    Jewish educators in the confines of their task 

17    force.

18                 SENATOR BRISPORT:   Through you, 

19    Mr. President, this task force examines a 

20    comprehensive study on the presence of educator 

21    diversity, state actions taken to promote 

22    educator diversity, and how New York State can 

23    encourage new initiatives to enhance or promote 

24    educator diversity.

25                 SENATOR CANZONERI-FITZPATRICK:    


                                                               558

 1    Will the sponsor continue to yield.

 2                 ACTING PRESIDENT COONEY:   Does the 

 3    sponsor yield?

 4                 SENATOR BRISPORT:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR CANZONERI-FITZPATRICK:   So 

 8    is it the sponsor's position, then, that Jewish 

 9    educators are not considered in the concept of 

10    diversity?  

11                 SENATOR BRISPORT:   Through you, 

12    Mr. President.  No, I did not say that.

13                 SENATOR CANZONERI-FITZPATRICK:    

14    Will the sponsor continue to yield.  

15                 ACTING PRESIDENT COONEY:   Does the 

16    sponsor yield? 

17                 SENATOR BRISPORT:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR CANZONERI-FITZPATRICK:   Is 

21    the task force permitted to look at the 

22    representation of Jewish educators in the scope 

23    of their task force?

24                 SENATOR BRISPORT:   Through you, 

25    Mr. President, there is nothing that prevents the 


                                                               559

 1    task force from examining that in the bill.

 2                 SENATOR CANZONERI-FITZPATRICK:  

 3    Thank you.  

 4                 On the bill.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Canzoneri-Fitzpatrick on the bill.

 7                 SENATOR CANZONERI-FITZPATRICK:   In 

 8    light of what's gone on since the attack on 

 9    October 7th -- and in recent months we've seen an 

10    escalation in antisemitic activity, and we have 

11    to address it at the basic level of our 

12    educational system, because the students are 

13    getting their cues and their guidance from 

14    educators and administrators.

15                 This task force is looking at 

16    diversity representation.  And I submit to this 

17    body that we should be looking at the 

18    representation of Jewish representatives in our 

19    educational system in order to deal with the 

20    antisemitic problem that we are faced with.

21                 So this bill is certainly well on 

22    the right path to addressing issues, but I think 

23    it could be expanded so that we address the other 

24    issues that we know that we're facing.

25                 Thank you.  I will be voting aye.


                                                               560

 1                 ACTING PRESIDENT COONEY:   Are there 

 2    any other Senators wishing to be heard?

 3                 Seeing and hearing none, debate is 

 4    now closed.

 5                 The Secretary will ring the bell.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 4.  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:   Senator 

13    Mayer to explain her vote.

14                 SENATOR MAYER:   Thank you, 

15    Mr. President.  I appreciate the opportunity.  

16                 And thank you to Senator Brisport 

17    and my colleagues for voting for this bill.

18                 And I just feel it's necessary to 

19    remind my colleagues -- and I appreciate the 

20    conversation that you had -- that we're not in a 

21    zero-sum issue here about diversity and equity.  

22                 I obviously share my colleague's 

23    great concern about issues regarding Jewish 

24    educators and Jewish students, particularly in 

25    higher ed.  And I'm sure I'll be working with our 


                                                               561

 1    chair of Higher Ed on these issues as they 

 2    continue to be real challenges throughout our 

 3    state and the nation.

 4                 But at the same time, that doesn't 

 5    mean that it isn't appropriate to have a task 

 6    force on educator diversity.  As someone who's 

 7    traveled around our K through 12 schools 

 8    throughout the state, we know the importance, as 

 9    Senator Brisport mentioned, of having a diverse 

10    educator pipeline.  And in fact the teachers' 

11    union has endorsed a pipeline as well, because 

12    this is an effective way for us to reach a 

13    growingly diverse body of students.

14                 So it's not one versus the other.  

15    Our job here is to advance equity, equality, 

16    opportunity and education for all.  And I'm 

17    confident we can do that.  

18                 I'll be voting aye and encourage my 

19    colleagues to do the same.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Mayer to record her vote in the affirmative.

22                 Senator Bailey to explain his vote.

23                 SENATOR BAILEY:   Thank you, 

24    Mr. President.  

25                 Again, thank you, Senator Brisport, 


                                                               562

 1    for this legislation.  Senator 

 2    Canzoneri-Fitzpatrick certainly illuminated some 

 3    important topics.  

 4                 But if you can't see it, you can't 

 5    be it.  I went to public schools my entire life, 

 6    and the first time I had a Black male teacher, I 

 7    was a junior in high school.  

 8                 So if we're talking about diversity 

 9    and talking about people that live within certain 

10    communities -- and again, it's important to make 

11    sure that all communities can see individuals 

12    that look like them and sound like them and where 

13    they're from.  

14                 To do that, I just want to make sure 

15    that we illuminate that fact and show that, 

16    again, you know, a public school system in a 

17    majority Black neighborhood where I went to 

18    school, I did not have a Black male teacher until 

19    I was a junior in high school.  

20                 So programs like this are critically 

21    important to promote in STEM and try to trigger 

22    diversity.  And diversity is not monolithic by 

23    any stretch of the imagination, but diversity is 

24    critically important.  

25                 And for those reasons I'll be voting 


                                                               563

 1    aye, Mr. President.  Thank you.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Bailey to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 204, those Senators voting in the 

 7    negative are Senators Lanza, Oberacker, O'Mara 

 8    and Ortt.

 9                 Ayes, 57.  Nays, 4.

10                 ACTING PRESIDENT COONEY:   The bill 

11    is passed.

12                 Senator Gianaris, that completes the 

13    reading of the controversial calendar.

14                 SENATOR GIANARIS:   Is there any 

15    further business at the desk?

16                 ACTING PRESIDENT COONEY:   There is 

17    no further business at the desk.

18                 SENATOR GIANARIS:   I move to 

19    adjourn until tomorrow, Tuesday, February 6th, at 

20    3:00 p.m.

21                 ACTING PRESIDENT COONEY:   On 

22    motion, the Senate stands adjourned until 

23    Tuesday, February 6th, at 3:00 p.m.

24                 (Whereupon, at 3:39 p.m., the Senate 

25    adjourned.)