Regular Session - February 14, 2024

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 14, 2024

11                     11:11 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               729

 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:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection and/or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    February 13, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, February 12, 

18    2024, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   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.


                                                               730

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Serrano.

 6                 SENATOR SERRANO:   Thank you, 

 7    Mr. President.  

 8                 Is there a report of the 

 9    Judiciary Committee at the desk?  

10                 ACTING PRESIDENT BAILEY:   There is 

11    a report of the Judiciary Committee at the desk.

12                 SENATOR SERRANO:   Okay, can we 

13    please take that up.

14                 ACTING PRESIDENT BAILEY:   The 

15    Secretary will read.

16                 THE SECRETARY:   Senator 

17    Hoylman-Sigal, from the Committee on Judiciary, 

18    reports the following nomination:  

19                 As Interim Supreme Court Justice of 

20    the 8th Judicial District, John J. DelMonte.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Serrano.

23                 SENATOR SERRANO:   I move to accept 

24    the report of the Judiciary Committee.

25                 ACTING PRESIDENT BAILEY:   All those 


                                                               731

 1    in favor of accepting the report of the 

 2    Judiciary Committee signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT BAILEY:   Opposed, 

 5    nay.

 6                 (No response.)

 7                 ACTING PRESIDENT BAILEY:   The 

 8    report of the Judiciary Committee is accepted.

 9                 Senator Serrano.

10                 SENATOR SERRANO:   Please take up 

11    the report of the Judiciary Committee and call on 

12    Senator Hoylman-Sigal.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Hoylman-Sigal on the nomination.

15                 SENATOR HOYLMAN-SIGAL:   Thank you, 

16    Mr. President.  

17                 I rise to move the nomination of 

18    John J. DelMonte for Interim Justice of the 

19    Supreme Court in the 8th Judicial District.

20                 Yesterday, Mr. President, the 

21    Judiciary Committee considered his nomination and 

22    unanimously recommended his confirmation.  

23                 Mr. DelMonte is a graduate of 

24    Niagara University and South Texas College of Law 

25    and was admitted to the New York State Bar in 


                                                               732

 1    1980.  

 2                 As he shared during his appearance 

 3    before the Judiciary Committee yesterday, 

 4    Mr. DelMonte has 40 years of experience 

 5    practicing in New York's Supreme Court, handling 

 6    all areas of law, which was noted by our 

 7    committee members, including product liability, 

 8    real property law and litigation, corporate, 

 9    contract and commercial litigation, municipal and 

10    education law as well as divorce and matrimonial 

11    law.

12                 Mr. DelMonte has prized himself on 

13    being a person his friends, family and colleagues 

14    lean on for complex legal issues.  I guess you 

15    don't get paid for that.  

16                 For the last four years he has 

17    committed himself to providing legal aid in 

18    Buffalo, serving as the director of Neighborhood 

19    Legal Services since 2020.

20                 I want to thank Governor Hochul for 

21    nominating such a distinguished individual to 

22    serve on our judiciary, and Majority Leader 

23    Andrea Stewart-Cousins for prioritizing this 

24    confirmation.  

25                 I want to thank my colleagues from 


                                                               733

 1    Buffalo, in particular Senator Sean Ryan, for 

 2    helping shepherd this nomination through the 

 3    process, along with Senator Tim Kennedy.  

 4                 And I'm proud to move Mr. DelMonte's 

 5    nomination to the floor and encourage our 

 6    colleagues to vote aye.  

 7                 I ask that you please recognize any 

 8    Senator who wishes to speak on the nomination.

 9                 Thank you.

10                 ACTING PRESIDENT BAILEY:   Thank 

11    you, Senator Hoylman-Sigal.

12                 Senator Ryan on the nomination.

13                 SENATOR RYAN:   I stand in favor of 

14    the nomination of John DelMonte for 

15    Supreme Court.  

16                 I thank Governor Hochul for sending 

17    such a worthy candidate to us, and I thank 

18    Senator Hoylman for helping bring him through the 

19    proceedings yesterday.  

20                 John is here today with us.  He's 

21    joined by his sister Francine, who I will note 

22    served in the State Assembly for over a decade.  

23    It's good to see both of you here today.  

24                 John has a long and distinguished 

25    legal career.  He's a consummate lawyer.  And 


                                                               734

 1    from my perspective, that means somebody who 

 2    practices many areas of law.  John's the 

 3    neighborhood attorney you go to when you're 

 4    buying a house.  You have a Family Court problem, 

 5    a divorce, a brush with the law, you call 

 6    John DelMonte, because he's a firm member of our 

 7    community.

 8                 But the broadness of his career also 

 9    means that he brings trials to verdict, he 

10    represents school districts and complex 

11    commercial transactions, he brings PLAs together.  

12    So this broad experience is really what we want 

13    out of judges who come to the bench.  So John's 

14    experience is going to serve him well.  

15                 And I'd be remiss if I didn't note 

16    his humble personality and his integrity is 

17    really what's going to make him a fantastic 

18    judge.  He does what he says, and he says what he 

19    does.  And he comes to this body, you know, 

20    humbly seeking his confirmation for his 

21    nomination.

22                 So I could not be more pleased and 

23    stand today in favor of this nomination.

24                 Thank you.

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               735

 1    you, Senator Ryan.

 2                 The question is on the nomination.  

 3                 Call the roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 50.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    nominee is confirmed.

10                 Senator Serrano.

11                 SENATOR SERRANO:   Thank you, 

12    Mr. President.  

13                 Can we return to motions and 

14    resolutions.

15                 We can take up -- let's please take 

16    up previously adopted Resolutions 1585 and 1587, 

17    by Senator Tedisco, read both resolutions title 

18    only, and recognize Senator Tedisco.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Serrano, prior to Senator Tedisco's resolutions, 

21    if Mr. DelMonte could just please rise and be 

22    recognized on his nomination. 

23                 (Standing ovation.)

24                 ACTING PRESIDENT BAILEY:   The 

25    Secretary will read the resolutions.


                                                               736

 1                 SENATOR TEDISCO:   Mr. President and 

 2    my colleagues -- 

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Tedisco, the Secretary needs to read the titles 

 5    of the resolutions.

 6                 THE SECRETARY:   Resolution 1585, by 

 7    Senator Tedisco, congratulating the Burnt 

 8    Hills-Ballston Lake Girls Varsity Volleyball Team 

 9    upon the occasion of capturing the 2023 New York 

10    State Class A Championship.

11                 Senate Resolution 1587, by 

12    Senator Tedisco, congratulating the 

13    Burnt Hills-Ballston Lake High School Boys 

14    Cross Country Team and Head Coach Chip Button 

15    upon the occasion of capturing the 2023 New York 

16    State Class B Cross Country Championship.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Tedisco on the championship resolutions.

19                 SENATOR TEDISCO:   Thank you, 

20    Mr. President.

21                 Mr. President and my colleagues, let 

22    me wish you all a very happy Valentine's Day and 

23    a good Ash Wednesday to you and everyone who is 

24    in earshot.  

25                 First of all, I want to say we have 


                                                               737

 1    some outstanding and great schools and 

 2    school districts in the 44th Senatorial District, 

 3    primarily because we have some outstanding 

 4    students and pupils and great leadership with the 

 5    administration and staff and great community 

 6    support.  

 7                 Today I'm proud to welcome not one 

 8    but two state champions to the New York Senate 

 9    chamber, both from Burnt Hills-Ballston Lake 

10    High School, an outstanding school in the 

11    44th Senate District, where I like to say all 

12    good things emanate from.  

13                 Because they won the coin toss, I 

14    will begin with the Varsity Girls Volleyball Team 

15    and Coach Gary Bynon, whose team captured the 

16    2023 New York State Class A Championship with an 

17    impressive 25-13, 25-19, 23-25 and 25-22 four-set 

18    victory over Williamsville South High School on 

19    Sunday, November 19, 2023, at Cool Insuring Arena 

20    in Glens Falls.

21                 This was the program's ninth state 

22    title in school history, preceded by 

23    36 consecutive Suburban Council titles and 

24    21 consecutive Section 2 championships.

25                 These outstanding athletes have 


                                                               738

 1    clearly demonstrated their acumen on the 

 2    volleyball court, but their success carries over 

 3    into the classroom as well, with a collective 

 4    96.7 percent grade point average.

 5                 We're also joined today by the 

 6    Burnt Hills-Ballston Lake Boys Cross Country Team 

 7    and Head Coach Chip Button, who has been a yearly 

 8    guest dating back to my time across the hall in 

 9    the New York State Assembly.  And I wouldn't 

10    recommend it of the coach, but Coach Button could 

11    probably drive here blindfolded at this point.

12                 The Burnt Hills-Ballston Lake Boys 

13    Cross Country Team once again captured the 

14    New York State Class B Cross Country Championship 

15    on Saturday, November 11, 2023, at Vernon Verona 

16    Sherrill High School in Verona.  

17                 As I have chronicled, these are not 

18    uncharted waters for the Burnt Hills-Ballston 

19    Lake Boys Cross Country Team, who have now won 

20    seven -- yes, seven straight New York State Class 

21    B Cross Country Team Championships.  

22    Unprecedented.

23                 Furthermore, this is the program's 

24    24th -- and 10th consecutive -- Section 2 

25    Championship, and their 12th New York State 


                                                               739

 1    Championship overall.

 2                 Like their fellow classmates, these 

 3    scholar athletes also excelled in the classroom, 

 4    garnering a teamwide grade point average of 

 5    94.05 percent.

 6                 It is both an honor and a privilege 

 7    to bring two championships from the same school 

 8    here to the Capitol, and that is due in large 

 9    part to the school's coaches, the assistant 

10    coaches, and the school Y programs at Ballston 

11    Lake High School, Burnt Hills-Ballston Lake 

12    High School.  

13                 I want to commend Athletic Director 

14    Joe Scalise, who also joins us in the chamber 

15    today.  He is the common denominator to the 

16    success of these two outstanding programs.

17                 Mr. President, I would ask you to 

18    welcome them, congratulate them, and offer all of 

19    them the cordialities of this august Senate body, 

20    and tell them how much we appreciate the 

21    unprecedented achievements they've sought in the 

22    past years and last year as New York State 

23    champions.  

24                 ACTING PRESIDENT BAILEY:   Thank 

25    you, Senator Tedisco.  


                                                               740

 1                 To our championship, incredible 

 2    student athletes and their coaches, we welcome 

 3    you on behalf of the Senate.  We extend to you 

 4    all of the privileges and courtesies of this 

 5    house.  

 6                 Please rise and be recognized.

 7                 (Standing ovation.)

 8                 ACTING PRESIDENT BAILEY:   Those 

 9    resolutions were adopted on January 9th.

10                 Senator Serrano.

11                 SENATOR SERRANO:   At the request of 

12    the sponsor, the resolutions are open for 

13    cosponsorship.

14                 ACTING PRESIDENT BAILEY:   The 

15    resolutions are open for cosponsorship.  Should 

16    you choose not to be a cosponsor, please notify 

17    the desk.

18                 Senator Serrano.

19                 SENATOR SERRANO:   Thank you.  

20                 Please take up the reading of the 

21    calendar.

22                 ACTING PRESIDENT BAILEY:   The 

23    Secretary will read.  

24                 THE SECRETARY:   Calendar Number 

25    157, Senate Print 1189, by Senator Persaud, an 


                                                               741

 1    act to amend the Criminal Procedure Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect on the 120th day after it 

 6    shall have become a law.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.  

12                 THE SECRETARY:   Ayes, 51.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    168, Senate Print 5815A, by Senator Mannion, an 

17    act to amend the Public Health Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect June 1, 2025.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               742

 1    the results.

 2                 THE SECRETARY:   Ayes, 51.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    170, Senate Print Number 5018, by 

 7    Senator Scarcella-Spanton, an act to amend the 

 8    Veterans' Services Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect on the 120th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Scarcella-Spanton to explain her vote.

19                 SENATOR SCARCELLA-SPANTON:   Thank 

20    you, Mr. President.  

21                 The purpose of this bill is to 

22    require the director of the Division of 

23    Veterans Affairs to collaborate with SUNY and 

24    CUNY to develop a Veteran Career Assistance 

25    Program.  We know SUNY and CUNY do so much for 


                                                               743

 1    our veterans already, but it's crucial to be able 

 2    to translate their military skills into civilian 

 3    life.

 4                 I'm a proud CUNY graduate, as is my 

 5    husband, who is a veteran and graduate of 

 6    Brooklyn College.  I am the College of 

 7    Staten Island, so we've got both sides of the 

 8    bridge covered.  I'm really proud to sponsor this 

 9    legislation, and thank you to my colleagues for 

10    passing it today.  

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Scarcella-Spanton to be recorded in the 

13    affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 51.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    208, Senate Print 6617, by Senator Addabbo, an 

20    act to amend the Correction Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               744

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 208, those Senators voting in the 

 7    negative are Senators Borrello, 

 8    Canzoneri-Fitzpatrick, Griffo, Oberacker, O'Mara, 

 9    Rhoads, Stec, Weber and Weik.

10                 Ayes, 42.  Nays, 9.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    209, Senate Print 6975, by Senator Salazar, an 

15    act to amend the Executive Law.

16                 SENATOR LANZA:   Lay it aside.

17                 ACTING PRESIDENT BAILEY:   Lay it 

18    aside.

19                 THE SECRETARY:   Calendar Number 

20    294, Senate Print 5974A, by Senator Parker, an 

21    act to amend the General Municipal Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect immediately.


                                                               745

 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, 51.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    295, Senate Print 6310, by Senator Hinchey, an 

11    act to amend the Public Service Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar Number 295, those Senators voting in the 

23    negative are Senators Canzoneri-Fitzpatrick and 

24    Martins.

25                 Ayes, 49.  Nays, 2.


                                                               746

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.  

 3                 THE SECRETARY:   Calendar Number 

 4    321, Senate Print 5516A, by Senator Brouk, an act 

 5    to amend the Mental Hygiene Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 51.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    325, Senate Print 1290, by Senator Hinchey, an 

20    act to amend the State Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               747

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 51.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    330, Senate Print 3406, by Senator Skoufis, an 

10    act to amend the Public Officers Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the 90th day after it 

15    shall have become a law.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 51.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 Senator Serrano, that completes the 

25    reading of today's calendar.


                                                               748

 1                 SENATOR SERRANO:   Please go to the 

 2    reading of the controversial calendar.  

 3                 ACTING PRESIDENT BAILEY:   The 

 4    Secretary will ring the bell.

 5                 The Secretary will read.

 6                 THE SECRETARY:   Calendar Number 

 7    209, Senate Print 6975, by Senator Salazar, an 

 8    act to amend the Executive Law.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Lanza, why do you rise?

11                 SENATOR LANZA:   Mr. President, I 

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

13    waive the reading of that amendment and ask that 

14    you recognize Senator Rolison.

15                 ACTING PRESIDENT BAILEY:   Thank 

16    you, Senator Lanza.  

17                 Upon review of the amendment, in 

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

19    nongermane and out of order at this time.

20                 SENATOR LANZA:   Accordingly, 

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

22    and ask that Senator Rolison be heard on that 

23    appeal.

24                 ACTING PRESIDENT BAILEY:   The 

25    appeal has been made and recognized, and 


                                                               749

 1    Senator Rolison may be heard.

 2                 Senator Rolison.  

 3                 SENATOR ROLISON:   Thank you, 

 4    Mr. President.

 5                 I rise to appeal the ruling of the 

 6    chair because the proposed amendment is germane 

 7    to the bill at hand because it amends the bill to 

 8    include corrections officers and civilian staff.  

 9                 The violence that we have seen in 

10    our correctional facilities is unconscionable.  

11    It is of the utmost importance that every person 

12    within all correctional facilities in the state 

13    remain safe from harm.  Just as important are the 

14    mechanisms and procedures that are in place 

15    through which victims can seek recourse when 

16    affected by violence and misconduct within their 

17    facility.  

18                 Notably absent from this bill are 

19    the people who work all day, all year, to 

20    maintain safety and order within our correctional 

21    facilities.  These are our corrections officers 

22    and civilian staff, who work tirelessly, day and 

23    night, to ensure their facilities are maintained 

24    and incarcerated individuals are kept safe.

25                 While it's definitely laudable that 


                                                               750

 1    we enact a anonymous mechanism for reporting 

 2    sexual violence perpetrated against incarcerated 

 3    individuals, this mechanism should be available 

 4    to all employees working within these facilities.  

 5    This bill unfortunately offers none of those 

 6    protections for our corrections officers and 

 7    civilian staff.

 8                 If there are consequences for 

 9    violence between incarcerated individuals, there 

10    should be consequences for violence against 

11    employees.  It must follow that consequences 

12    exist for incarcerated individuals against 

13    employees.  

14                 We must address the issue of 

15    assaults on corrections officers and civilian 

16    staff.  The current staffing shortages at DOCCS 

17    will not alleviate if employees are afforded 

18    lesser protection than the incarcerated 

19    individuals they're tasked with protecting.

20                 This bill should not be limited to 

21    incarcerated individuals.  The bill should have 

22    encompassed everyone within that facility against 

23    violence and sexual violence within a 

24    correctional facility with the same level of 

25    concern.


                                                               751

 1                 Therefore, Mr. President, for those 

 2    reasons, I strongly urge you to reconsider your 

 3    ruling.

 4                 ACTING PRESIDENT BAILEY:   Thank 

 5    you, Senator Rolison.  

 6                 I want to remind the house that this 

 7    vote is on the procedures of the house and the 

 8    ruling of the chair.  

 9                 Those in favor of overruling the 

10    chair, signify by saying aye.

11                 (Response of "Aye.")

12                 SENATOR LANZA:  Show of hands.

13                 ACTING PRESIDENT BAILEY:   A show of 

14    hands has been requested and so ordered. 

15                 Announce the results.

16                 THE SECRETARY:   Ayes, 19.

17                 ACTING PRESIDENT BAILEY:   The 

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

19    is before the house.

20                 Senator Rolison.

21                 SENATOR ROLISON:   Through you, 

22    Mr. President, would the sponsor yield for a 

23    question.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               752

 1                 SENATOR SALAZAR:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR ROLISON:   What I tried to 

 5    attempt with the amendment was to include all 

 6    staff within a facility to have the same 

 7    reporting mechanism that will be afforded to the 

 8    incarcerated individuals.  

 9                 Why would you not want to include 

10    corrections officers and civilian staff within 

11    our facilities in this bill?

12                 SENATOR SALAZAR:   Through you, 

13    Mr. President, I really appreciate the spirit of 

14    what Senator Rolison is saying, that sexual 

15    violence is a serious problem in correctional 

16    facilities, both for incarcerated individuals and 

17    for staff, and we need to treat it seriously.  

18                 However, the reason why this 

19    amendment would not be necessary is because in 

20    addition to having mechanisms for reporting 

21    sexual violence to their employer, a DOCCS 

22    employee does have the freedom to report sexual 

23    assault anonymously or confidentially to the 

24    inspector general.  But that option is just not 

25    currently accessible to incarcerated individuals.  


                                                               753

 1    So we feel that it would be redundant to do that.

 2                 SENATOR ROLISON:   Mr. President, 

 3    through you, would the sponsor continue to yield?  

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield? 

 6                 SENATOR SALAZAR:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR ROLISON:   Senator, would 

10    you consider amending this bill to include that?  

11    I know the amendment failed, but would you 

12    consider that?

13                 SENATOR SALAZAR:   Through you, 

14    Mr. President, I would not, respectfully, simply 

15    because I feel that it would be redundant.  

16                 And the purpose of this bill is 

17    actually to try to make sure that incarcerated 

18    individuals have adequate means of reporting 

19    sexual violence, which currently is often either 

20    ignored entirely or claims of sexual violence 

21    made by incarcerated individuals to DOCCS are 

22    investigated by their alleged assailants, 

23    colleagues or friends in OSI.  

24                 And that's why it's so important for 

25    us to create this mechanism for incarcerated 


                                                               754

 1    individuals specifically.

 2                 SENATOR ROLISON:   Mr. President, on 

 3    the bill.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Rolison on the bill.

 6                 SENATOR ROLISON:   Last year many of 

 7    us in the chamber and in the Assembly met with 

 8    and then held an event with numerous corrections 

 9    officers, female corrections officers from 

10    throughout the state, who told about their 

11    experiences to us and the others that were 

12    present, what they experienced within 

13    correctional facilities.  

14                 And I believe that that was a cry 

15    for help.  It was also a cry for "You need to 

16    listen to us, please take these matters 

17    seriously."  

18                 And I just believe, respectfully, to 

19    my colleagues, that prison violence cannot be 

20    tolerated, whether you're an incarcerated 

21    individual or you're a member of staff.  And 

22    these women deserve -- all staff members, but 

23    specifically that day, it was very disheartening 

24    to hear their stories of things that they have to 

25    encounter and endure within the correctional 


                                                               755

 1    facilities in this state.  

 2                 They should be getting the same 

 3    protections and mechanisms that our incarcerated 

 4    individuals get.

 5                 Thank you, Mr. President.

 6                 ACTING PRESIDENT BAILEY:   Thank 

 7    you, Senator Rolison.

 8                 Are there any other Senators wishing 

 9    to be heard?  

10                 Seeing and hearing none, debate is 

11    closed.

12                 Senator Serrano.

13                 SENATOR SERRANO:   Upon consent, 

14    we've agreed to restore Calendar 209 to the 

15    noncontroversial calendar.  So let's take it up 

16    that way.

17                 ACTING PRESIDENT BAILEY:   On 

18    consent, the bill is restored to the 

19    noncontroversial calendar.

20                 The Secretary will read the last 

21    section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect on the 180th day after it 

24    shall have become a law.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               756

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 209, those Senators voting in the 

 7    negative are Senators Oberacker and Weik.  

 8                 Ayes, 52.  Nays, 2.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 Senator Serrano, that completes the 

12    reading of today's calendar.

13                 SENATOR SERRANO:   Thank you, 

14    Mr. President.  

15                 Is there any further business at the 

16    desk?

17                 ACTING PRESIDENT BAILEY:   There is 

18    no further business at the desk.

19                 SENATOR SERRANO:   I move to adjourn 

20    until Monday, February 26th, at 3:00 p.m., with 

21    the intervening days being legislative days.

22                 ACTING PRESIDENT BAILEY:   On 

23    motion, the Senate stands adjourned until Monday, 

24    February 26th, at 3:00 p.m., with the intervening 

25    days being legislative.


                                                               757

 1                 Happy Valentine's Day.  

 2                 (Whereupon, at 11:34 a.m., the 

 3    Senate adjourned.)

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