Regular Session - March 13, 2024

                                                                   1249

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 13, 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  


                                                               1250

 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 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 COONEY:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT COONEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    March 12, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, March 11, 

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

19    Senate adjourned.

20                 ACTING PRESIDENT COONEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.  

25                 THE SECRETARY:   Senator Jackson 


                                                               1251

 1    moves to discharge, from the Committee on Cities, 

 2    Assembly Bill Number 8876 and substitute it for 

 3    the identical Senate Bill 8216A, Third Reading 

 4    Calendar 378.

 5                 ACTING PRESIDENT COONEY:   So 

 6    ordered.

 7                 Messages from the Governor.  

 8                 Reports of standing committees.  

 9                 Reports of select committees.  

10                 Communications and reports from 

11    state officers.

12                 Motions and resolutions.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Good afternoon, 

15    Mr. President.  Let's begin by taking up 

16    previously adopted Resolution 1871, by 

17    Senator Kennedy, read its title and recognize 

18    Senator Kennedy.

19                 ACTING PRESIDENT COONEY:   The 

20    Secretary will read.

21                 THE SECRETARY:   Resolution 1871, by 

22    Senator Kennedy, honoring St. Patrick and all 

23    persons of Irish descent upon the occasion of the 

24    2024 celebration of St. Patrick's Day on Sunday, 

25    March 17, 2024.


                                                               1252

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Kennedy to be heard on the resolution.

 3                 SENATOR KENNEDY:   Thank you very 

 4    much, Mr. President.

 5                 Good afternoon, everybody.  It is a 

 6    great day here in the Senate chamber.  It's a 

 7    great day to be Irish.  And it's a great day to 

 8    celebrate Irish Heritage Month here in the State 

 9    of New York.

10                 I want to thank our leader for 

11    bringing this resolution to be adopted.  And I 

12    just want to say a few words about this month 

13    that we celebrate the great Irish Heritage.  This 

14    weekend, Sunday, March 17th, we'll celebrate 

15    St. Patrick's Day.  St. Patrick, one of the 

16    patron saints of Ireland.  We all know what 

17    St. Patrick's Day means on that day and how all 

18    communities across the country -- really, across 

19    the globe -- that share in this wonderful Irish 

20    tradition come together in revelry and in spirit.  

21                 But St. Patrick's Day is much more 

22    than just celebrating being Irish on one day.  

23    Quite frankly, it's about celebrating Irish 

24    traditions that brought us here to America and to 

25    the tens of millions of Irish diaspora across the 


                                                               1253

 1    globe.  

 2                 And one word that I believe really 

 3    encapsulates the Irish spirit more than any other 

 4    is perseverance -- perseverance through the most 

 5    difficult days of oppression, of injustice, and 

 6    on to greater days of victory and celebration.

 7                 So when we think about celebrating 

 8    together with family and friends and community in 

 9    national recognition of this wonderful day -- as 

10    President Biden on Sunday will accept a 

11    traditional bowl of shamrocks from the Irish  

12    Taoiseach, the leader of Ireland, as he does on 

13    an annual basis going back decades here in this 

14    country -- we're reminded that this country's 

15    foundation is built on the leadership and the 

16    blood of the Irish, off the boat, hundreds of 

17    years ago, that helped to create this amazing 

18    democracy that shines as a beacon of hope and 

19    light of freedom across the world.

20                 And you think about how these values 

21    we stand for as a nation and espouse to, and the 

22    incredible American tradition, are based in 

23    humanity.  And one thing that I hold near and 

24    dear to my heart is oftentimes the reminder of 

25    where I come from.  As we often say -- not just 


                                                               1254

 1    myself and the folks that are of the Irish 

 2    tradition, but I think each and every one of us, 

 3    regardless of our own heritage -- is we're all 

 4    immigrants and descendants of immigrants in this 

 5    great country.  You never forget where you come 

 6    from.

 7                 Well, on St. Patrick's Day we're 

 8    reminded that we, the Irish, come from just about 

 9    3200 miles across the Pond, over the Atlantic.  

10    You know, back in the 1840s there was a potato 

11    blight, An Gorta Mór, the Great Hunger, the 

12    famine that led to a third of the population of 

13    the island of Ireland starving to death; another 

14    third of the population of Ireland fleeing for 

15    opportunity and refuge elsewhere, and freedom 

16    elsewhere.  At the same time that that Great 

17    Hunger took over the land, there were food -- 

18    fresh food and supplies that were sent out of the 

19    island of Ireland to other places.  

20                 It was a forced starvation.  We were 

21    forced from our land.  We came here to seek 

22    refuge on the shores of this incredible great 

23    Empire State of New York and other areas across 

24    the Eastern Seaboard, in every part of the 

25    country of the United States of America and up 


                                                               1255

 1    into Canada and, again, all across the globe.

 2                 And that perseverance helped to 

 3    bring us to where we are today.  In the 

 4    traditions of the Irish spirit through Irish 

 5    enclaves in every corner of this state, from 

 6    Long Island to Woodlawn in the Bronx to 

 7    South Buffalo, New York, to Tipperary Hill in 

 8    Syracuse, to Troy in the great Capital Region, to 

 9    the Hudson Valley, to the Southern Tier, to the 

10    North Country, the Irish spread out and built 

11    this state and built this nation, both in the 

12    infrastructure and the foundation and in what we 

13    stand on today, the history we stand on today -- 

14    but also in the impact that we had on our people 

15    and the impact that we had on our laws.

16                 So I mentioned the fight for 

17    democracy.  When George Washington was fighting 

18    the English in the Revolutionary War, he was 

19    surrounded by the Irish.  And when you fast 

20    forward to all of the wars that this country has 

21    fought, both foreign and domestic, the Irish 

22    stood as champions for what was right.  

23                 And as we all remember where we come 

24    from and we think about those that persevered 

25    through the most difficult days in human history, 


                                                               1256

 1    to come to celebrate and champion what is right.  

 2    In every facet of society, from government to law 

 3    enforcement to public service to healthcare to 

 4    human services in every aspect that we all depend 

 5    upon to make society function, the Irish have 

 6    been at the tip of the sword in doing what is 

 7    right for this great nation and all of our 

 8    communities.

 9                 So this weekend in Buffalo, I'll be 

10    at the Irish Luncheon at the Irish Center, 

11    celebrating our heritage.  On Saturday I'll be in 

12    the Old First Ward in the Old Neighborhood 

13    parade, a parade that goes back over a century.  

14    And then on Sunday, people will revel in 

15    St. Patrick's and all the green and libations and 

16    pomp and circumstance and dancing and music and 

17    fun.  And we say everybody's Irish today, 

18    everybody's Irish on St. Patrick's Day.  

19                 What I say to you, Mr. President 

20    Cooney, is everybody's a little bit Irish every 

21    day, because of who we are, where we come from, 

22    and the impact that we have had on the global 

23    community -- a small little island off the coast 

24    of Western Europe in the Atlantic that is the 

25    heartbeat of it all across the globe.


                                                               1257

 1                 I'm proud to be Irish.  I'm proud of 

 2    where I come from.  I'm proud of those whose 

 3    shoulders I stand on, and we stand on, that have 

 4    made our communities, our state and our nation, 

 5    and the global community what it is today.

 6                 Now, I know many of you have been 

 7    here for my long, prolonged, extensive speeches 

 8    about the Irish.  

 9                 (Laughter.)

10                 SENATOR KENNEDY:   I'm going to 

11    leave you with this today.  

12                 (Laughter.)

13                 SENATOR KENNEDY:   Thank you, 

14    Mr. President.  Thank you to each and every one 

15    of you for your indulgence, not just today but 

16    over the years.  

17                 Because I know all of you understand 

18    the importance of St. Patrick's Day and 

19    celebrating the Irish heritage as we do every 

20    single year in this auspicious chamber.  And I'm 

21    proud to be a part of it.  

22                 And with that, Mr. President, 

23    God bless the Irish and God bless America.

24                 ACTING PRESIDENT COONEY:   Thank you 

25    Senator Kennedy, who never forgets where he comes 


                                                               1258

 1    from.  

 2                 (Laughter.)

 3                 ACTING PRESIDENT COONEY:   We now 

 4    recognize Senator Weber to speak on the 

 5    resolution.

 6                 SENATOR WEBER:   Thank you, 

 7    Mr. President.  

 8                 Thank you, Senator Kennedy, for this 

 9    great resolution today.  

10                 You know, you wouldn't think someone 

11    with the name William Weber whose baptismal cake  

12    actually had "Wilhelm Weber" on it would be 

13    Irish, but my mother's grandparents emigrated 

14    from Ireland in the early 1900s.  My mother, last 

15    name McHugh {ph}, Patty McHugh, from Brooklyn.

16                 Moved to Pearl River, New York, in 

17    1969.  I looked it up recently and don't think 

18    it's any surprise to anyone, but according to 

19    IrishCentral, Pearl River has the most Irish than 

20    any town in New York State.  It's actually not a 

21    town, it's a hamlet, but it has the most Irish 

22    per capita of any town, hamlet, in New York 

23    State.  An area where traditional Irish Catholic 

24    values are embraced, whether it's at the Rockland 

25    GAA, at the AOH, whether it's last weekend going 


                                                               1259

 1    to the Friendly Sons of Saint Patrick event where 

 2    hundreds of proud Irishmen came together.

 3                 You know, my sister's husband is 

 4    from Killarney, and I had the honor of going to 

 5    Ireland a number of years ago to celebrate 

 6    traditional Irish weddings.  There was a funeral 

 7    thrown in the middle.  But it was a great country 

 8    to visit, a country that was great to see where 

 9    my mother's side of the family came from.

10                 You know, back in the early 1980s my 

11    mother would take in two children every year from 

12    Belfast through Project Children, kids that 

13    weren't going through and weren't having that 

14    great childhood experience in at the time 

15    war-torn Belfast.  And I remember keeping in 

16    touch with a lot of those kids, and they still 

17    keep in touch with my mother and are thrilled 

18    that they had the opportunity to come and spend a 

19    little time in at that time Pearl River, really 

20    getting out of an area that was in distress.

21                 You know, St. Patrick's Day is a big 

22    day in Pearl River.  I believe it's one of the 

23    largest parades on the East Coast.  We average 

24    about 50,000 spectators at the parade.  I'll be 

25    there marching on the Avenue with thousands of my 


                                                               1260

 1    friends and neighbors this Sunday, down 

 2    the Avenue.  If you haven't been there, it starts 

 3    at 1:30.  We line up at the Pfizer Laboratory 

 4    headquarters.  Everyone's welcome.  Everyone's 

 5    Irish today.  

 6                 Thank you, Senator Kennedy, for 

 7    bringing the resolution.  

 8                 Happy St. Patrick's Day, everyone.

 9                 Thank you.

10                 ACTING PRESIDENT COONEY:   Thank 

11    you, Senator.

12                 Senator Myrie on the resolution.

13                 SENATOR MYRIE:   Thank you, 

14    Mr. President.  

15                 And let me first thank 

16    Senator Kennedy for his steadfast dedication to 

17    introducing this resolution every single year.  

18                 I proudly represent Windsor Terrace 

19    in Brooklyn, a predominantly Irish neighborhood 

20    with a rich Irish history.  And I only rise to 

21    bring up something that I get to talk about when 

22    I'm in Windsor Terrace, and that is the 

23    relationship in history between Black people and 

24    the Irish people.  

25                 In fact, I think it's a little known 


                                                               1261

 1    fact that Frederick Douglass made a pilgrimage to 

 2    Ireland, and there he met someone who was called 

 3    the Irish Liberator, Daniel O'Connell, someone 

 4    who was against slavery and the enslavement of 

 5    human beings, and someone who Frederick Douglass 

 6    looked up to and said that he was inspired by.  

 7                 And so the relationship between our 

 8    peoples goes back centuries.  And I think it's 

 9    important certainly in these times, where we find 

10    things to easily divide us, that we think about 

11    the things that unite us.  

12                 And so I am proud to represent 

13    Windsor Terrace in the State Senate, and I'm 

14    proud to have colleagues upholding the rich 

15    history that we share in this country.

16                 I vote aye.  Thank you.

17                 ACTING PRESIDENT COONEY:   Thank 

18    you, Senator Myrie.

19                 Senator Bailey on the resolution.

20                 SENATOR BAILEY:   Thank you, 

21    Mr. President.

22                 I know what you're thinking.  Last 

23    name Bailey:  Irish.  It's actually a Scottish 

24    last name.  And within the ancestry DNA that I've 

25    done, I am sad to report that it did not find any 


                                                               1262

 1    actual evidence of Irish blood.  But I think that 

 2    Senator Kennedy alluded to it; I think we all 

 3    have a little bit of the Irish spirit in us.  

 4                 And I represent the neighborhood of 

 5    Woodlawn in the Bronx, which is a significantly 

 6    Irish population.  Incredible folks there that do 

 7    incredible work.  

 8                 But I rise to salute two members of 

 9    our body who this will be their last 

10    St. Patrick's Day in this chamber, both by their 

11    own choosing.  First you heard from Senator 

12    Kennedy, who at the end of the month of April 

13    will be going on to greener pastures.  Greener, 

14    no pun intended.  Or maybe it was intended.  

15                 (Laughter.)

16                 SENATOR BAILEY:   But either way, we 

17    will miss your steadfast support and deference 

18    for your community, which is our community.  

19                 And Neil Breslin, a steadfast 

20    Irishman when it wasn't popular.  He stood up for 

21    folks.  

22                 And the third, also going to be 

23    going on to greener pastures, the Mannion 

24    himself, John Mannion.  

25                 And so I don't know who's going to 


                                                               1263

 1    carry this resolution next year, Mr. President.  

 2                 (Laughter.)

 3                 SENATOR BAILEY:   I think it might 

 4    have to be you.  

 5                 (Laughter.)

 6                 SENATOR BAILEY:   It might have to 

 7    be a Bailey.  

 8                 But rest assured, gentlemen, that 

 9    the work that you have done in your respective 

10    communities is not lost on us, and that it is 

11    appreciated.  

12                 And I know on Sunday, while I will 

13    not be outside in the street -- full disclosure, 

14    I'll be at home -- just know that my heart is 

15    with you celebrating.  

16                 Erin Go Bragh.  Happy St. Patrick's 

17    Day.

18                 ACTING PRESIDENT COONEY:   Thank 

19    you, Senator Bailey.

20                 Senator Sanders on the resolution.

21                 SENATOR SANDERS:   Thank you, 

22    Mr. President.

23                 I would be remiss if I did not speak 

24    up for the incredible Irish population that I 

25    have in The Rockaways, Queens, where we had one 


                                                               1264

 1    of the greatest St. Patrick's Day marches, 

 2    parades there.  I was blessed to be part of that 

 3    roughly two weeks, or so it seems.  What a great 

 4    population.  What a great parade that we had.  

 5                 Anyone who cannot make the later 

 6    parade, I always invite them to the one in 

 7    The Rockaways.  We seem to do that first.  Maybe 

 8    it's because we're closer to Ireland than many 

 9    other places, right across the water.

10                 We too will miss Senators Kennedy 

11    and Breslin.  But I assure both of them that the 

12    spirit that they have left here will be the talk 

13    for generations.  We will be speaking of the 

14    great but brief speeches that our colleagues have 

15    been giving.  All too brief.  All too brief.  But 

16    we'll be speaking of them in reverent tones that 

17    I cannot do justice to here today.

18                 Thank you very much, Mr. President.  

19    Thank you.

20                 ACTING PRESIDENT COONEY:   Thank 

21    you, Senator Sanders.

22                 Senator Breslin on the resolution.

23                 SENATOR BRESLIN:   Thank you very 

24    much, Mr. Chairman.  

25                 And after the comments by my dear 


                                                               1265

 1    friend Senator Kennedy, I felt obligated to 

 2    stand, as this might be one of the last times I 

 3    will be able to do that.

 4                 And for some of you who don't know, 

 5    I grew up in the heart of Albany in a very 

 6    diverse neighborhood.  My house -- next door was 

 7    the Catholic grade school, and on the other side 

 8    were the Breslins and then the Mannings, then the 

 9    Quinns, then the Brennans, then the Hogans.  

10                 (Laughter.)

11                 SENATOR BRESLIN:   And the wonderful 

12    Slattery family.  And the McCloskeys.  And we 

13    had -- and it gets more diverse as we go along.

14                 (Laughter.) 

15                 SENATOR BRESLIN:   And we mentioned 

16    Dan O'Connell, the Great Liberator from Ireland.  

17    He was also a great liberator in Albany, as he 

18    was the Democratic chairman for almost 40 years.  

19                 And I might add, again, there was 

20    that ethnic and political diversity.  From 1921 

21    to 1960, there was never anyone but a Democrat 

22    elected in the City of Albany.  And there was 

23    never a primary.  That's the diversity we're all 

24    looking for.  

25                 (Laughter.)


                                                               1266

 1                 SENATOR BRESLIN:   But fortunately 

 2    it's a diversity neither party will have any time 

 3    in the near future.

 4                 So I will miss this place.  I will 

 5    miss being reduced -- reducing the number of 

 6    Irish that speak in this hall.  And before I say 

 7    any more, I don't want to catch up to the time 

 8    that's been allotted to me -- part of which I 

 9    gave to Senator Kennedy -- 

10                 (Laughter.)

11                 SENATOR BRESLIN:   -- but I wish you 

12    a wonderful Happy St. Patrick's Day.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Breslin.

15                 Senator Liu on the resolution.

16                 SENATOR LIU:   Mr. President -- 

17    Senator Cooney -- Happy St. Patrick's Day to you 

18    and to all fellow New Yorkers.  

19                 Oh, and Senator Sanders wanted to 

20    mention he would miss John Mannion also.  

21                 (Laughter.)

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator Liu.  

24                 Happy St. Patrick's Day to all.

25                 The resolution was adopted on 


                                                               1267

 1    March 5th.  

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Thank you, 

 4    Mr. President.

 5                 Lest anyone be concerned about this 

 6    resolution next year, I think Senator Brian 

 7    Kavanagh and Senator Sean Ryan can figure out 

 8    which of them wants to carry it.  I know 

 9    Gallivan's going to get it in on it too.  We have 

10    plenty of Irish remaining in the Senate chamber.

11                 Can we now move on to previously 

12    adopted Resolution 1841, by Senator Hinchey, read 

13    that resolution's title and recognize 

14    Senator Hinchey.

15                 ACTING PRESIDENT COONEY:   The 

16    Secretary will read.

17                 THE SECRETARY:   Resolution 1841, by 

18    Senator Hinchey, commending New York Maple 

19    Producers during the Annual Maple Weekends on 

20    March 16 and 17, 2024, and March 23 and 24, 2024.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Hinchey on the resolution.

23                 SENATOR HINCHEY:   Thank you, 

24    Mr. President.

25                 New York has a rich agricultural 


                                                               1268

 1    history, and farmers love to share their 

 2    traditions and their products.  From farm tours 

 3    to agritourism to "pick your own" and tastings, 

 4    there are great ways to visit with local 

 5    agriculture.  

 6                 Another one is statewide Maple 

 7    Day. The first ever Maple Day was a single day in 

 8    1995 known as Maple Sunday.  Since then, it has 

 9    grown tremendously.  And now in 2024, in its 28th 

10    year, the event spans two weekends and four days, 

11    which is an incredible show and testament to the 

12    support that our maple producers have across the 

13    State of New York.

14                 New York is the second-largest maple 

15    producer in the country.  We are also the 

16    fastest-growing in specialty crops for maple.  

17    And we are home to more than 2,000 maple sugar 

18    makers.  

19                 If you happen to be across the 

20    Hudson Valley during Maple Weekends, if you 

21    happen to find yourself in Ulster County, make 

22    sure to check out Platte Creek Maple Farm in 

23    Saugerties or New Beginnings Farmstead in 

24    Kingston, or even Corey's Sugar Shack in 

25    Highland.  


                                                               1269

 1                 If you find yourself in Columbia 

 2    County, Maple Leaf Sugaring in Ghent is a great 

 3    place to visit.  

 4                 And in Dutchess County, Soukup Farms 

 5    in Dover Plains will be celebrating these 

 6    weekends.  

 7                 I know I am incredibly excited to 

 8    celebrate Maple Day over these two weekends, and 

 9    knowing that it is St. Patrick's Day, maybe we 

10    should all grab a Guinness and celebrate maple in 

11    the State of New York as we celebrate 

12    Maple Weekends.  

13                 Thank you very much, Mr. President.

14                 ACTING PRESIDENT COONEY:   Thank 

15    you, Senator Hinchey.  

16                 Senator Borrello on the resolution.

17                 SENATOR BORRELLO:   Thank you, 

18    Mr. President.  I want to thank Senator Hinchey 

19    for bringing this resolution and recognizing that 

20    New York State is one of the largest -- the 

21    second-largest maple producer in the nation.

22                 But it's not just about maple syrup.  

23    There are many other products produced with 

24    maple:  Maple candy, maple ice cream.  I know 

25    you're nodding your head; we've all tried it.  So 


                                                               1270

 1    many other things.  Even coffee that is made with 

 2    maple.  

 3                 Experience it.  This is the time.  

 4    These weekends are the time to do this.  You can 

 5    go to Mapleweekend.com and find all locations 

 6    throughout New York State, including the 

 7    57th Senate District, where we have many places 

 8    and lots of maple trees.  Experience one of the 

 9    best products, one of the best agricultural 

10    products that comes out of New York State.  These 

11    two weekends are the time to do it.  

12                 I am proud to be the ranking member 

13    of the Ag Committee and proud to represent 

14    thousands of farmers in my district and 

15    throughout New York State.  New York State is an 

16    ag state, and this is your time to see how sweet 

17    it is.

18                 Thank you, Mr. President.

19                 ACTING PRESIDENT COONEY:   Thank 

20    you, Senator Borrello.

21                 Senator May on the resolution.

22                 SENATOR MAY:   Thank you, 

23    Mr. President.

24                 I want to just make sure that my 

25    colleagues understand what maple syrup is.  


                                                               1271

 1    Because the sap that comes out of a maple tree is 

 2    96 percent water, and you have to boil off almost 

 3    all of that water in order to get something that 

 4    tastes like maple syrup.  

 5                 When I was in my twenties, I had a 

 6    friend who had a farm and I used to go and help 

 7    with the maple sugaring.  And it involved lugging 

 8    heavy buckets of sap and then lots and lots and 

 9    lots of wood to burn to burn off the water in the 

10    maple sap to get down to maple syrup.  It was 

11    fun, but it was really hard work.

12                 Well, I visited Dutch Hill Maple 

13    Farm in my district last week, and they now use 

14    reverse osmosis that takes about 90 percent of 

15    the water out.  And so it's made it far more 

16    efficient in terms of the amount of wood or fuel 

17    you have to burn in order to get it down to 

18    actual maple syrup.  And they've also maintained 

19    the delicious flavor and the high quality of 

20    maple syrup in the process.

21                 So maple syruping is not what it 

22    used to be, but maple syrup is what it used to 

23    be.  And I hope people will be able to enjoy it 

24    this weekend.

25                 Thank you.


                                                               1272

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Senator May.

 3                 Senator Oberacker on the resolution.

 4                 SENATOR OBERACKER:   Thank you, 

 5    Mr. President.

 6                 Thank you to Senator Hinchey for 

 7    bringing this resolution to the floor.

 8                 You know, I think many maybe know or 

 9    don't know about my background in food and food 

10    production, being a food scientist and a chef by 

11    trade.  We've heard how maple is produced.  We've 

12    heard all the other products that maple goes 

13    into.  And I would just like to expand upon some 

14    of that, uses for maple that some may or may not 

15    know.  

16                 And for those of my colleagues that 

17    I know I'm intriguing at this moment across the 

18    aisle, I am always open to recipes.  And I would 

19    be more than happy to extend that during this 

20    maple fest that we are seeing.  And to that end:  

21    A barbecue sauce with maple that I actually have 

22    in possession.  A recipe for a soft maple 

23    Manhattan.  In light of it being really close to 

24    St. Paddy's Day, it kind of fits in.  Or more 

25    appropriately, a habanero maple old-fashioned.  


                                                               1273

 1                 And if any of you would care to want 

 2    to address me on that, I'd be more than happy 

 3    to -- as we say, in this light of being the Irish 

 4    of giving, I would be more than happy to extend 

 5    that to my colleagues from both sides of the 

 6    aisle.  

 7                 So thank you, Mr. President.  Thank 

 8    you, Senator Hinchey.  And let's all -- as the 

 9    Senator said, the sweetness of maple not to be 

10    undone.  So thank you.

11                 ACTING PRESIDENT COONEY:   Thank 

12    you, Senator Oberacker.  Bipartisanship abound!  

13                 (Laughter.)

14                 ACTING PRESIDENT COONEY:   The 

15    resolution was adopted on February 27th.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   I would like to 

18    add to Senator Oberacker's list the maple brown 

19    sugar oatmeal I had this morning.  It was quite 

20    good.

21                 (Laughter.)

22                 SENATOR GIANARIS:   Mr. President, 

23    please recognize Senator Lanza for a motion.

24                 ACTING PRESIDENT COONEY:   Senator 

25    Lanza.


                                                               1274

 1                 SENATOR LANZA:   Yes, Mr. President.  

 2                 On behalf of Senator Stec, I move to 

 3    recommit Senate Print Number 23, Calendar Number 

 4    658 on the order of first report, to the 

 5    Committee on Civil Service and Pensions, with 

 6    instructions to strike out the enacting clause.

 7                 ACTING PRESIDENT COONEY:   So 

 8    ordered.

 9                 SENATOR GIANARIS:   Mr. President, I 

10    neglected to indicate that the sponsors wanted 

11    the resolutions we took up today open for 

12    cosponsorship.

13                 ACTING PRESIDENT COONEY:   The 

14    resolutions are open for cosponsorship.  Should 

15    you choose not to be a cosponsor on the 

16    resolutions, please notify the desk.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Now let's take 

19    up the calendar, please.

20                 ACTING PRESIDENT COONEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Calendar Number 

23    109, Senate Print 362, by Senator Thomas, an act 

24    to amend the General Business Law.

25                 ACTING PRESIDENT COONEY:   Read the 


                                                               1275

 1    last section.

 2                 THE SECRETARY:   Section 6.  This 

 3    act shall take effect on the 60th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT COONEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT COONEY:   Announce 

 9    the results.  

10                 THE SECRETARY:   In relation to 

11    Calendar 109, those Senators voting in the 

12    negative are Senators Borrello, Helming, 

13    Oberacker, O'Mara, Ortt, Stec and Tedisco.

14                 Ayes, 51.  Nays, 7.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    136, Senate Print 1305, by Senator Comrie, an act 

19    to amend the Real Property Actions and 

20    Proceedings Law.  

21                 ACTING PRESIDENT COONEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT COONEY:   Call the 


                                                               1276

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT COONEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 136, voting in the negative:  

 7    Senator Lanza.

 8                 Ayes, 57.  Nays, 1.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    159, Senate Print 3236, by Senator Sepúlveda, an 

13    act to amend the Executive Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  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:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 58.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               1277

 1                 THE SECRETARY:   Calendar Number 

 2    166, Senate Print 3283, by Senator Rivera, an act 

 3    to amend the Public Health Law.

 4                 ACTING PRESIDENT COONEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 14.  This 

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

 8    shall have become a law.

 9                 ACTING PRESIDENT COONEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT COONEY:   Senator 

13    Canzoneri-Fitzpatrick to explain her vote.

14                 SENATOR CANZONERI-FITZPATRICK:   

15    Thank you, Mr. President.

16                 The current state of the law right 

17    now is that if a hospital can with reasonable 

18    efforts ascertain the identity of a parent or a 

19    guardian of an emancipated minor, the hospital 

20    shall notify the family.  It requires them to do 

21    so.

22                 Public Health Law Section 2994A 

23    defines what an emancipated minor patient is.  A 

24    minor patient is either, number one, the parent 

25    of a child -- which in essence is a teenage 


                                                               1278

 1    parent -- or, number two, a 16-year-old or older 

 2    who is living independently of his or her 

 3    parents.

 4                 The current bill before us will 

 5    prevent -- it does not -- excuse me.  It does not 

 6    require a hospital to seek out and find the 

 7    parent.  It says they need to use diligent 

 8    efforts.  What does that mean?  It's not defined.

 9                 The current law says that with 

10    reasonable efforts, if they can find them, they 

11    must notify them.

12                 In my opinion, this bill is 

13    anti-family.  It is not supporting -- that if a 

14    teenager is a parent of a child, that now the 

15    hospital's not required to notify their parent.  

16    And we can all think of a fact pattern where a 

17    teenager who might not be living at home or is an 

18    early parent, that they're not required to find 

19    that family.  Think about it.  A child who's been 

20    shot on the street, maybe is on life support, and 

21    they don't require them to find that family 

22    before they take them off life support.

23                 This, to me, is terrible 

24    legislation.  For that reason, it's anti-family.  

25    As a mom of four, I cannot support this because 


                                                               1279

 1    it's just not the way we should be doing things.  

 2    It should have been considered very strongly that 

 3    this definition could have disastrous effects.  

 4                 For that reason, Mr. President, I 

 5    vote nay.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Canzoneri-Fitzpatrick to be recorded in the 

 8    negative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 166, those Senators voting in the 

12    negative are Senators Ashby, Borrello, 

13    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

14    Helming, Lanza, Martinez, Martins, Mattera, 

15    Murray, Oberacker, O'Mara, Ortt, Rhoads, Rolison, 

16    Skoufis, Stec, Tedisco, Weber and Weik.

17                 Ayes, 36.  Nays, 22.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    378, Assembly Bill Number 8876, by 

22    Assemblymember Pheffer Amato, an act to amend the 

23    Civil Service Law.

24                 ACTING PRESIDENT COONEY:   Read the 

25    last section.


                                                               1280

 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, 58.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    388, Senate Print 261, by Senator Serrano, an act 

13    to amend the Parks, Recreation and Historic 

14    Preservation 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, 58.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               1281

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    509, Senate Print 8557, by Senator Jackson, an 

 4    act to amend the Civil Service Law.

 5                 ACTING PRESIDENT COONEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  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:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 58.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    515, Senate Print 260, by Senator Serrano, 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.


                                                               1282

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Serrano to explain his vote.

 4                 SENATOR SERRANO:   Thank you, 

 5    Mr. President.

 6                 The arts provide a multitude of 

 7    benefits to our society.  The arts, music, really 

 8    are transformational in so many different ways, 

 9    but especially when it comes to education.  Arts 

10    music, theater, dance education has shown to be 

11    of tremendous benefit to students across the 

12    State of New York and everywhere.

13                 But sadly, a lot of data shows that 

14    we are not reaching the minimum threshold for 

15    arts education in our schools.  This bill, S260, 

16    will direct the Commissioner of Education to 

17    conduct a statewide audit of school districts to 

18    ensure that we are at least reaching our minimum 

19    standards for arts, music and theater education 

20    in our schools.

21                 This is an important step in 

22    ensuring that we have a robust arts education 

23    program in the State of New York.  I vote aye.

24                 ACTING PRESIDENT COONEY:   Senator 

25    Serrano to be recorded in the affirmative.


                                                               1283

 1                 Senator May to explain her vote.

 2                 SENATOR MAY:   Thank you, 

 3    Mr. President.

 4                 I want to applaud Senator Serrano 

 5    for this bill and his concern for making sure 

 6    that all of our children get the arts and music 

 7    education that they deserve.

 8                 We know that arts and music 

 9    education help to build character, build whole 

10    people, build the whole brain.  We find kids who 

11    study art and music in school are less likely to 

12    have disciplinary problems.  They're more likely 

13    to graduate, they're more likely to do well on 

14    the SATs and get into college.

15                 And arts and music education is in 

16    regulation in the state, but it is not in 

17    statute.  And I hope that this is a first step 

18    toward getting this in statute.  Because we know 

19    that when school districts feel the need to cut 

20    somewhere, the first thing that goes is arts and 

21    music education.  And that is not serving our 

22    children well.

23                 So thank you, Senator Serrano.  I 

24    vote aye.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               1284

 1    May to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 58.

 4                 ACTING PRESIDENT COONEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    590, Senate Print 485A, by Senator Comrie, an act 

 8    to amend the Public Authorities Law.

 9                 ACTING PRESIDENT COONEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect January 1, 2024.

13                 ACTING PRESIDENT COONEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT COONEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 58.

19                 ACTING PRESIDENT COONEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    595, Senate Print 6921, by Senator Chu, an act to 

23    amend the Railroad Law.

24                 ACTING PRESIDENT COONEY:   Read the 

25    last section.


                                                               1285

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT COONEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT COONEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 595, voting in the negative:  

11    Senator Oberacker.  

12                 Ayes, 57.  Nays, 1.

13                 ACTING PRESIDENT COONEY:   The bill 

14    is passed.

15                 Senator Gianaris, that completes the 

16    reading of today's calendar.

17                 SENATOR GIANARIS:   Is there any 

18    further business at the desk?

19                 ACTING PRESIDENT COONEY:   There is 

20    no further business at the desk.

21                 SENATOR GIANARIS:   Move to adjourn 

22    until tomorrow, Thursday, March 14th, at 

23    11:00 a.m.

24                 ACTING PRESIDENT COONEY:   On 

25    motion, the Senate stands adjourned until  


                                                               1286

 1    Thursday, March 14th, at 11:00 a.m.

 2                 (Whereupon, at 3:48 p.m., the Senate 

 3    adjourned.)

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