Regular Session - February 12, 2024
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 12, 2024
11 3:15 p.m.
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14 REGULAR SESSION
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18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: Rabbi
9 Meir Pape, of Congregation Tifereth Israel,
10 Jackson Heights, Queens, will deliver today's
11 invocation.
12 Rabbi?
13 RABBI MEIR PAPE: Senators have a
14 very difficult task in a world where upholding
15 justice and morality is difficult because there
16 is so much confusion. It's never been like this,
17 where the questions are asked, What is justice?
18 What is morality?
19 They have to establish laws to
20 distinguish good behavior from bad behavior, when
21 the line between good behavior and bad behavior
22 has become so blurred and unclear.
23 And it's a big responsibility.
24 Their decisions can have -- can cause great
25 benefits to humanity, to society, and can have
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1 negative ramifications. And always on this
2 threshold between causing good and causing harm.
3 How can they deal with this responsibility? How
4 can one be confident in making the right
5 decisions?
6 But God gave you the task. God
7 gives you the strength to fulfill the task. Not
8 only the strength and the courage, but also the
9 guidance, the clarity, the moral compass to
10 discern between right and wrong, between good and
11 bad.
12 Fortunately, God gave to Moses at
13 Mt. Sinai seven laws known as the Noahide Laws,
14 universally applicable to all of humanity, which
15 provide a solid foundation and a clear framework
16 for any legislative system.
17 In fact, this very session held
18 right here in the Senate is actually the
19 fulfillment of one of these seven laws: That is
20 the commandment to establish a legislative body,
21 to form courts of justice and law enforcement
22 which will uphold justice and peace, promote
23 goodness and kindness.
24 And this is the sacred duty that
25 lawmakers have, to be good caretakers of God's
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1 world, to make it a good place, a civilized and
2 harmonious place, a place where people can create
3 and contribute.
4 We pray that God give you the
5 strength and the ability to carry out this task
6 in the best way possible. And we pray that we
7 shall soon see the day when there will be no more
8 hunger and no more war, no more jealousy and no
9 more selfish competition. For there will be good
10 and abundance. There will be enough for
11 everyone.
12 And instead, humanity will occupy
13 their energy, devote their energy to pursuing a
14 higher goal. Individuals will seek a connection
15 with their Creator and pursue acts of goodness
16 and kindness among one another.
17 ACTING PRESIDENT BAILEY: Reading
18 of the Journal.
19 THE SECRETARY: In Senate, Sunday,
20 February 11, 2024, the Senate met pursuant to
21 adjournment. The Journal of Saturday,
22 February 10, 2024, was read and approved. On
23 motion, the Senate adjourned.
24 ACTING PRESIDENT BAILEY: Without
25 objection, the Journal stands approved as read.
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1 Presentation of petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: Senator Palumbo
5 moves to discharge, from the Committee on Rules,
6 Assembly Bill Number 8559 and substitute it for
7 the identical Senate Bill 8052, Third Reading
8 Calendar 190.
9 ACTING PRESIDENT BAILEY: So
10 ordered.
11 Messages from the Governor.
12 Reports of standing committees.
13 Reports of select committees.
14 Communications and reports from
15 state officers.
16 Motions and resolutions.
17 Senator Gianaris.
18 SENATOR GIANARIS: Good afternoon,
19 Mr. President.
20 Let's return to motions and
21 resolutions later. And let's begin by taking up
22 the reading of the calendar, please.
23 ACTING PRESIDENT BAILEY: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number 19,
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1 Senate Print 8010, by Senator Brisport, an act to
2 amend the Family Court Act.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the same date and in the
7 same manner as a chapter of the Laws of 2023.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 19, voting in the negative:
15 Senator Oberacker.
16 Ayes, 54. Nays, 1.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number 59,
20 Senate Print 8076, by Senator Parker, an act to
21 amend the Mental Hygiene Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 55.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 184, Senate Print 8045, by Senator Walczyk, an
11 act to amend the Highway Law.
12 ACTING PRESIDENT BAILEY: 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 BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 190, Assembly Print Number 8559, by
2 Assemblymember Thiele, an act to amend the
3 Environmental Conservation Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect on the same date and in the
8 same manner as a chapter of the Laws of 2023.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 192, Senate Print 8058, by Senator Hoylman-Sigal,
19 an act to amend the Family Court Act.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 10. This
23 act shall take effect on the same date and in the
24 same manner as a chapter of the Laws of 2023.
25 ACTING PRESIDENT BAILEY: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: In relation to
4 Calendar 192, those Senators voting in the
5 negative are Senators Ashby, Borrello,
6 Canzoneri-Fitzpatrick, Felder, Gallivan, Helming,
7 Lanza, Martins, Mattera, Murray, Oberacker,
8 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
9 Tedisco, Weber and Weik.
10 Ayes, 36. Nays, 20.
11 ACTING PRESIDENT BAILEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 207, Senate Print 5830, by Senator Salazar, an
15 act to amend the Correction Law.
16 ACTING PRESIDENT BAILEY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BAILEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BAILEY: Announce
24 the results.
25 THE SECRETARY: In relation to
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1 Calendar 207, those Senators voting in the
2 negative are Senators Borrello, Gallivan,
3 Helming, Murray, Oberacker, O'Mara, Ortt, Weber
4 and Weik.
5 Ayes, 47. Nays, 9.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 276, Senate Print 1081, by Senator Comrie, an act
10 to amend the Public Authorities Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 284, Senate Print 3546, by Senator Kennedy, an
25 act to amend the New York State Urban Development
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1 Corporation Act.
2 ACTING PRESIDENT BAILEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of April.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Senator
10 Kennedy to explain his vote.
11 SENATOR KENNEDY: Thank you,
12 Mr. President.
13 I rise to support this bill, the
14 FRESH Act, as it's called, which stands for the
15 Food Retail Establishment Subsidization for
16 Healthy Communities Act. I want to thank my
17 colleagues for passing this in this house year
18 after year.
19 This bill deals with the eradication
20 of food deserts in our communities across
21 New York. They're really exacerbated in urban
22 communities, we've found, but they're in every
23 community -- urban, rural, suburban. There's
24 millions, tens of millions of people that live in
25 food deserts across our country, hundreds of
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1 thousands across our state.
2 And while this bill isn't a fix-all,
3 it certainly moves us closer to closing the gap
4 in ensuring that individuals across all of our
5 communities have access to fresh, healthy food
6 options for themselves and their families.
7 Oftentimes these food deserts are in
8 underserved, low-income communities. They're at
9 risk for diabetes and obesity in those
10 communities. Those communities are oftentimes
11 reliant upon corner stores that don't have fresh
12 food. And so the options for individuals living
13 in those neighborhoods, in those food deserts,
14 are abysmal, to say the least.
15 Furthermore, we know that this is as
16 much of a civil rights issue as it is an issue
17 dealing with one's own personal health. On
18 May 14th of 2022, a domestic racist terrorist
19 went to Tops Friendly Markets on Jefferson Avenue
20 in Buffalo in the heart of my city, my district,
21 because it was the only full-service supermarket
22 in the community. That is where he massacred
23 10 individuals because of the color of their
24 skin. But he knew they would be there because it
25 was the only option.
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1 That should not have ever been, and
2 it should not be anywhere moving forward. All
3 New Yorkers deserve access to fresh foods
4 regardless of their zip code or socioeconomic
5 status.
6 Through the passage and the
7 implementation of this act we will incentivize
8 opportunities for supermarkets to put down roots
9 in urban and rural areas that currently lack
10 sufficient access to healthy food.
11 Mr. President, I vote aye.
12 Thank you.
13 ACTING PRESIDENT BAILEY: Senator
14 Kennedy to be recorded in the affirmative.
15 Senator Webb to explain her vote.
16 SENATOR WEBB: Thank you,
17 Mr. President. I rise to explain my vote.
18 I also would like to thank
19 Senator Kennedy for introducing this legislation.
20 In my district I have significant
21 challenges around food deserts. Many of my
22 constituents do not have access to healthy and
23 nutritious fresh produce. This means that many
24 of the residents in my district -- not
25 exclusively, but this is a statewide challenge --
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1 however, in my district, which includes Broome,
2 Cortland and Tompkins counties, have limited to
3 no access to grocery stores, whether it's through
4 public transportation or even in walking
5 distance.
6 These families must rely heavily
7 upon corner and convenience stores, as
8 Senator Kennedy alluded to, which often charge
9 higher prices and do not offer fresh produce,
10 meat and dairy that families need to provide
11 healthy and nourishing meals at the dinner table.
12 By providing financial assistance
13 through this legislation, which is helping to
14 advance, to urban and rural supermarkets in
15 underserved communities such as mine, this
16 legislation will cut down on the number of food
17 deserts across New York, ensuring that we have
18 equitable access to fresh produce, meat and dairy
19 products.
20 Not only is this legislation good
21 for families, it will also help on the economic
22 development side as it pertains to our local and
23 regional farmers and producers. This also will
24 help with improving public health outcomes, as we
25 know that food access and lack thereof is an
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1 indicator of social determinants of health as it
2 pertains to chronic health issues.
3 Also, this legislation is good for
4 the planet because we can lower our greenhouse
5 gas emissions by making sure that the food we
6 grow and produce here in New York is sold and
7 enjoyed locally.
8 I thank again Senator Kennedy for
9 introducing this legislation. I proudly vote aye
10 and encourage my colleagues to do the same.
11 ACTING PRESIDENT BAILEY: Senator
12 Webb to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar 284, voting in the negative:
16 Senator Skoufis.
17 Ayes, 55. Nays, 1.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 322, Senate Print 532, by Senator Thomas, an act
22 to amend the Executive Law.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 322, those Senators voting in the
9 negative are Senators Borrello, Felder, Gallivan,
10 Griffo, Lanza, Oberacker, O'Mara, Ortt, Stec and
11 Tedisco.
12 Ayes, 46. Nays, 10.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 327, Senate Print 2449, by Senator Krueger, an
17 act to amend the Executive Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
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1 the results.
2 THE SECRETARY: In relation to
3 Calendar 327, those Senators voting in the
4 negative are Senators Ashby, Borrello,
5 Canzoneri-Fitzpatrick, Griffo, Helming, Lanza,
6 Mattera, Murray, Oberacker, O'Mara, Ortt,
7 Palumbo, Rhoads, Stec, Tedisco, Weber and Weik.
8 Also Senator Martins.
9 Ayes, 38. Nays, 18.
10 ACTING PRESIDENT BAILEY: The bill
11 is passed.
12 Senator Gianaris, that completes the
13 reading of today's calendar.
14 SENATOR GIANARIS: Thank you,
15 Mr. President.
16 Returning to motions and
17 resolutions, on page 30 I offer the following
18 amendments to Calendar 342, Senate Print 4198A,
19 by Senator Comrie, and ask that said bill retain
20 its place on the Third Reading Calendar.
21 ACTING PRESIDENT BAILEY: The
22 amendments are received, and the bill will retain
23 its place on the Third Reading Calendar.
24 Senator Gianaris.
25 SENATOR GIANARIS: I believe
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1 there's a privileged resolution at the desk. Can
2 we please take that up, read its title, and
3 recognize Senator Scarcella-Spanton.
4 ACTING PRESIDENT BAILEY: There is
5 a privileged resolution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Resolution 1689, by
8 Senator Scarcella-Spanton, commemorating the
9 16th Anniversary of Kosovo's Independence.
10 ACTING PRESIDENT BAILEY: Senator
11 Scarcella-Spanton on the resolution.
12 SENATOR SCARCELLA-SPANTON: Thank
13 you, Mr. President, and to my esteemed
14 colleagues.
15 I want to make a very warm welcome
16 to all our distinguished constituents and
17 everyone else who joins us today to celebrate
18 Kosovo's Independence Day in New York State.
19 Today marks a significant milestone
20 in recognizing Kosovo's history in New York and
21 their hard-won independence after years of
22 perseverance. Despite facing numerous challenges
23 along the way, the people of Kosovo have shown
24 remarkable resilience and determination, leading
25 to this occasion.
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1 The declaration of Kosovo's
2 independence in 2008 was a defining moment
3 representing not only the culmination of years of
4 struggle, but also a testament to the spirit of
5 its people. As we reflect on Kosovo's journey,
6 we are reminded of the sacrifices made and the
7 challenges overcome in the pursuit of freedom and
8 self-determination.
9 In conclusion, I am honored to
10 sponsor this resolution honoring Kosovo's
11 Independence Day.
12 And I want to just, from the bottom
13 of my heart, thank you for those who came from
14 near and far for this event. It's incredibly
15 special to have you all here. I hope you enjoyed
16 the celebration earlier. And thank you so much.
17 I commend the resilience and
18 determination of the Kosovar people. Thank you
19 for joining us today.
20 (Applause from the gallery.)
21 ACTING PRESIDENT BAILEY: Senator
22 Fernandez on the resolution.
23 SENATOR FERNANDEZ: Faleminderit
24 shumë {thank you very much}, Mr. President.
25 I stand to also speak on this
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1 resolution of 16 amazing years of resilience,
2 pride, freedom of the Kosovan and Albanian
3 communities.
4 I want to thank Senator
5 Scarcella-Spanton for the beautiful reception
6 today honoring our many leaders that for decades
7 have been speaking on the issue, 16 years ago
8 fighting, going to Washington and getting NATO,
9 under President Clinton, to finally help Kosovo
10 become the nation that it is entitled to be.
11 Today we did have a special guest,
12 and he isn't here -- he couldn't stay long enough
13 for me to give him a proper introduction and
14 welcome. But along with the many friends that
15 have come from near and far, I do want to give a
16 shout out to our former State Assemblymember,
17 former City Councilmember, the great Mark Gjonaj,
18 that came to celebrate this moment.
19 Because it is something to
20 appreciate that New York State can continue to be
21 a partner, the United States can continue to be a
22 partner in making sure that Kosovo is properly
23 recognized, protected, and that the struggles
24 that continue are seen and made in awareness.
25 I've had the honor and the privilege
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1 of visiting the beautiful country of Kosovo last
2 summer. I visited Pristina, where we saw the
3 State Capitol and spoke with the Assembly about
4 what is the relationship, the tight, beautiful
5 relationship of New York and Kosovo.
6 I visited Gjilan, which is a growing
7 city, still in economic boom, and you can see
8 everything is coming together while also looking
9 at what was there in the past and the destruction
10 that happened in the past not too long ago.
11 In addition, I visited Prizren, the
12 oldest city in the Balkans. It is important to
13 know that Kosovo, the youngest country that we
14 have 16 years, was actually the location and the
15 birthplace of the oldest civilization in Europe,
16 thousands of years ago. It is the birthplace of
17 Mother Teresa's parents.
18 And Mother Teresa, as we know, is a
19 woman of the Balkans, born in Montenegro, citizen
20 of Calcutta, and now is a saint in the Catholic
21 Church. She is an example of what has been
22 happening for generations and generations in the
23 land of Kosovo.
24 And it is only right that we stand
25 here and recognize it and show our support to the
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1 community, to the Albanian community, that we
2 will always protect and take pride in what is
3 happening in Kosovo and what will happen as it
4 continues to flourish into the beautiful country
5 that it is.
6 Thank you.
7 (Applause from the gallery.)
8 ACTING PRESIDENT BAILEY: To our
9 guests, let me first say "Urime"
10 {congratulations}. I welcome you on behalf of
11 the Senate. We extend to you the privileges and
12 the courtesies of this house.
13 Please rise and be recognized.
14 (Standing ovation.)
15 ("Thank you" from gallery.)
16 (Laughter.)
17 ACTING PRESIDENT BAILEY: Senator
18 Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 is there any further business at the desk?
21 ACTING PRESIDENT BAILEY: Oh,
22 excuse me. Wait, I'm sorry.
23 The question is on the resolution.
24 All those in favor please signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT BAILEY: The
2 resolution is adopted.
3 Senator Gianaris.
4 SENATOR GIANARIS: Is there any
5 further business at the desk?
6 ACTING PRESIDENT BAILEY: There is
7 no further business at the desk.
8 SENATOR GIANARIS: I move to
9 adjourn until tomorrow, Tuesday, February 13th,
10 at 3:00 p.m.
11 ACTING PRESIDENT BAILEY: Upon
12 motion, the Senate is adjourned until Tuesday,
13 February 13th, at 3:00 p.m.
14 (Whereupon, at 3:37 p.m., the Senate
15 adjourned.)
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