Regular Session - May 23, 2024

                                                                   4318

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 23, 2024

11                     11:46 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4319

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will come to order.  

 4                 I ask everyone to please rise and 

 5    recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT MAYER:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, May 22, 2024, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, May 21, 

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

19    Senate adjourned.

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Thomas 


                                                               4320

 1    moves to discharge, from the Committee on Codes, 

 2    Assembly Bill Number 7495 and substitute it for 

 3    the identical Senate Bill 6239, Third Reading 

 4    Calendar 550.

 5                 Senator Gonzalez moves to discharge, 

 6    from the Committee on Transportation, 

 7    Assembly Bill Number 8029C and substitute it for 

 8    the identical Senate Bill 7647B, Third Reading 

 9    Calendar 603.

10                 Senator Stewart-Cousins moves to 

11    discharge, from the Committee on Cities 2, 

12    Assembly Bill Number 9466 and substitute it for 

13    the identical Senate Bill 8899, Third Reading 

14    Calendar 1027.

15                 ACTING PRESIDENT MAYER:   So 

16    ordered.

17                 Messages from the Governor.

18                 Reports of standing committees.

19                 Reports of select committees.

20                 Communications and reports from 

21    state officers.

22                 Motions and resolutions.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Good morning, 

25    Madam President.  


                                                               4321

 1                 On behalf of Senator Gonzalez, on 

 2    page 66 I offer the following amendments to 

 3    Calendar 969, Senate Print 6803A, and ask that 

 4    said bill retain its place on the Third Reading 

 5    Calendar.  

 6                 ACTING PRESIDENT MAYER:   The 

 7    amendments are received, and the bill will retain 

 8    its place on the Third Reading Calendar.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   I also wish to 

11    call up the following bills, which were recalled 

12    from the Assembly and are now at the desk:  

13                 Senate 1001, 643D, and 8708.

14                 ACTING PRESIDENT MAYER:   The 

15    Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    898, Senate Print 8708, by Senator Rhoads, an act 

18    in relation to authorizing the John Theissen 

19    Children Foundation, Inc. to receive retroactive 

20    real property tax exempt status.  

21                 Calendar Number 164, Senate Print 

22    1001, by Senator Hoylman-Sigal, an act to amend 

23    the Public Health Law.

24                 Calendar Number 533, Senate Print 

25    643D, by Senator Kavanagh, an act to amend the 


                                                               4322

 1    Environmental Conservation Law.

 2                 SENATOR GIANARIS:   Move to 

 3    reconsider the vote by which these bills were 

 4    passed.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Secretary will call the roll on reconsideration.

 7                 (The Secretary called the roll.)

 8                 THE SECRETARY:   Ayes, 52.

 9                 ACTING PRESIDENT MAYER:   The bills 

10    are restored to their place on the Third Reading 

11    Calendar.

12                 SENATOR GIANARIS:   I offer the 

13    following amendments.

14                 ACTING PRESIDENT MAYER:   The 

15    amendments are received.

16                 SENATOR GIANARIS:   Can we now 

17    recognize Senator Cooney for an introduction.  

18                 ACTING PRESIDENT MAYER:   Senator 

19    Cooney for an introduction.

20                 SENATOR COONEY:   Good morning and 

21    thank you, Madam President.  

22                 Today I want to take a moment and I 

23    want to honor a legend in New York State and in 

24    my home City of Rochester.  Belen Colon devoted 

25    her life to giving a voice to the voiceless.  


                                                               4323

 1    Whether it was civil rights, voting rights or 

 2    human rights, Belen was a true community hero.  

 3                 It takes a special kind of 

 4    selflessness to commit oneself to the betterment 

 5    of their community, and nobody embodies that 

 6    selflessness better than Belen.  The "Mayor of 

 7    North Clinton Avenue," Belen began organizing the 

 8    Latino movement in Rochester as soon as she 

 9    arrived from Puerto Rico.  She was a role model 

10    to so many, and we are truly indebted to her 

11    work.  

12                 Belen sadly passed away at the age 

13    of 84 just a couple of years ago, leaving behind 

14    so many loving family, friends and community 

15    members.  A few of those family and community 

16    members have joined us today here in the Senate, 

17    including the vice president of the Monroe County 

18    Legislature and her daughter, Mercedes 

19    Vazquez-Simmons; Brittany Young; Matilda Cruz; 

20    Ida Burgos; and Luis Sierra.  

21                 I want to thank those who made the 

22    trip to Albany today to recognize Belen's 

23    commitment to New York State.  I'm so proud to 

24    honor her legacy here in the New York State 

25    Senate, and ask that you afford them our 


                                                               4324

 1    privileges.

 2                 ACTING PRESIDENT MAYER:   To our 

 3    guests, the family of Belen Colon and her guests 

 4    that are here, we welcome you on behalf of the 

 5    Senate.  We extend to you the privileges and 

 6    courtesies of the house.  

 7                 Please rise and be recognized.

 8                 (Standing ovation.)

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Next let's take 

12    up previously adopted Resolution 2463, by 

13    Senator May, read that resolution's title and 

14    recognize Senator May.

15                 ACTING PRESIDENT MAYER:   The 

16    Secretary will read.

17                 THE SECRETARY:   Resolution 2463, by 

18    Senator May, memorializing Governor Kathy Hochul 

19    to proclaim May 22, 2024, as International Day 

20    for Biological Diversity in the State of 

21    New York.

22                 ACTING PRESIDENT MAYER:   Senator 

23    May on the resolution.

24                 SENATOR MAY:   Thank you, 

25    Madam President.  


                                                               4325

 1                 Last year we were honored to have 

 2    Tadodaho Sid Hill of the Onondaga Nation share 

 3    with us a short version of the Haudenosaunee 

 4    Thanksgiving address.  

 5                 The people of the Six Nations open 

 6    their meetings, large and small, with an 

 7    expression of gratitude to the multitude of 

 8    natural beings and forces without which we cannot 

 9    thrive -- the waters, the winds, the sun, moon, 

10    plants, animals, soils and human beings that we 

11    share the earth with.  

12                 They don't normally use the word 

13    "biodiversity," but that's what they're talking 

14    about:  The idea that every creature and natural 

15    system is interconnected and interdependent.  

16                 Biodiversity is under threat on our 

17    beloved planet.  As more and more species go 

18    extinct, our ecosystems become less robust, less 

19    resilient, and less healthy, not to mention less 

20    beautiful and less awe-inspiring.

21                 The good news is that humans are 

22    getting the message.  We are more aware of the 

23    need to protect pollinators if we want to have 

24    food, to protect wetlands and ocean buffers if we 

25    want to survive storms, and to protect distant 


                                                               4326

 1    rainforests if we want to keep a livable 

 2    atmosphere.

 3                 The lesson of biodiversity is we 

 4    shouldn't be picking and choosing.  We need to 

 5    respect and defend the whole kaleidoscope of 

 6    natural diversity, from the spectacular to the 

 7    microscopic, for their own sakes and ours.  

 8                 I am proud to carry this resolution 

 9    declaring May 22nd Biological Diversity Day in 

10    New York, and I vote aye.

11                 Thank you.

12                 ACTING PRESIDENT MAYER:   Thank you, 

13    Senator May.

14                 The resolution was previously 

15    adopted on May 21st.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Next let's move 

18    on to previously adopted Resolution 2239, by 

19    Senator Ashby.  Let's read that resolution's 

20    title and recognize Senator Ashby.

21                 ACTING PRESIDENT MAYER:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 2239, by 

24    Senator Ashby, recognizing the Patriot Guard 

25    Riders of New York for their funeral escort 


                                                               4327

 1    services and flag lines for the memorials of 

 2    Chief Warrant Officer 2 Casey Frankoski and 

 3    Chief Warrant Officer 2 John Grassia III.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Ashby on the resolution.  

 6                 SENATOR ASHBY:   Thank you, 

 7    Madam President, for allowing me to bring this 

 8    resolution to the floor and recognize the 

 9    Patriot Guard Riders for their Honor Missions in 

10    March honoring the lives of Chief Warrant 

11    Officer 2 Casey Frankoski and Chief Warrant 

12    Officer 2 John Grassia III.

13                 My time -- I mentioned to these 

14    riders earlier my time and experiences being 

15    involved in ceremonies for service members who 

16    lost their lives mainly consisted of fallen 

17    soldiers' ceremonies, downrange and small places 

18    far from here.

19                 And this was the first opportunity 

20    that I had to be in a motorcade with the 

21    Patriot Guard Riders and see the overwhelming 

22    support of the Capitol District for these two 

23    heroes.

24                 And I want to thank you deeply for 

25    what you continue to do, not only for these two 


                                                               4328

 1    heroes but for servicemen and -women and families 

 2    around our country and our state.

 3                 The Patriot Guard Riders were 

 4    founded in 2005 to shield families of fallen 

 5    heroes from those that would disrupt the services 

 6    of their loved ones.  The organization has grown 

 7    to include thousands of members across all 

 8    50 states in the U.S.  New York State, being 

 9    organized in 2006, became a nonprofit corporation 

10    in 2010.

11                 The mission of the Patriot Guard 

12    Riders is to attend the funeral services and 

13    stand flag lines for military members, veterans, 

14    and first responders, as invited guests of the 

15    family to show respect and gratitude for those 

16    who served, as well as to support their families.

17                 The organization's flag lines may be 

18    present at airport arrivals, funeral homes, 

19    churches, dignified transfers, and at burials or 

20    internments.  

21                 Their countless endeavors also 

22    include raising funds for Reach Across America 

23    and, most importantly, organizing civilian 

24    volunteers to place wreaths in national 

25    cemeteries.  


                                                               4329

 1                 Patriot Guard Riders of New York 

 2    supports the military veterans' Blue and Gold 

 3    Star families through its help on the Home Front 

 4    Program.  This esteemed organization honors those 

 5    forgotten veterans who have no family to claim 

 6    their remains by securing a final resting place 

 7    and arranging for a full military funeral, 

 8    through its Veteran Recovery Program.  

 9                 Madam President, on the floor with 

10    me today is New York State Captain Bill Schaaf, 

11    Assistant State Captain Ray Sestak, as well as 

12    Paul Orzolek, Eugene Spicer and Martin Kaiser.

13                 In the gallery we are joined with 

14    Brett Larson, Shirley Gawlak, Barbara Ziarno, 

15    Kathy Orzolek, and John Mercier.  

16                 Thank you for allowing me to bring 

17    this resolution to the floor.  Please recognize 

18    them and afford them all the cordialities of the 

19    house.

20                 ACTING PRESIDENT MAYER:   Thank you, 

21    Senator Ashby.

22                 To our distinguished guests from the 

23    Patriot Guard Riders of New York, we thank you 

24    for your service.  We thank you for all you have 

25    done.  We welcome you on behalf of the Senate.  


                                                               4330

 1    We extend to you the privileges and courtesies of 

 2    the house.  

 3                 Please rise and be recognized.

 4                 (Standing ovation.)

 5                 ACTING PRESIDENT MAYER:   The 

 6    resolution was previously adopted on April 16th.

 7                 Senator Gianaris.  

 8                 SENATOR GIANARIS:   Let's stick with 

 9    Senator Ashby, and let's take up -- oh, I'm 

10    sorry, Stec.  Let's move on to Senator Stec, 

11    previously adopted Resolution 2003, read its 

12    title and recognize Senator Stec.

13                 ACTING PRESIDENT MAYER:   The 

14    Secretary will read.

15                 THE SECRETARY:   Resolution 2003, by 

16    Senator Stec, congratulating the Glens Falls 

17    High School Boys Varsity Basketball Team upon the 

18    occasion of capturing the New York State Public 

19    High School Athletic Association Basketball 

20    Class A Championship on March 16, 2024.

21                 ACTING PRESIDENT MAYER:   Senator 

22    Stec on the resolution.

23                 SENATOR STEC:   Thank you, 

24    Madam President.  

25                 And thank you for allowing me to 


                                                               4331

 1    introduce this fantastic state championship 

 2    basketball team that's with us here today.  

 3                 Glens Falls has a storied past of a 

 4    lot of fantastic basketball teams, and certainly 

 5    this year's team will go down among them.  They 

 6    finished the season with a perfect 27-and-0 

 7    record.  

 8                 I had the great privilege and 

 9    excitement to be in the Glens Falls Civic Center, 

10    sitting right behind the team bench, for their 

11    semifinal and final games.  Outstanding to have 

12    that inside view and listen to the coaches 

13    talking to the boys and keeping them focused and 

14    motivated.  

15                 And they truly ran up the score a 

16    little bit in the championship game.  They 

17    finished strong, just an absolutely impressive 

18    victory.  

19                 Again, it's a double privilege that 

20    it was a home game for the Black Bears, being in 

21    the Glens Falls Civic Center, the Cool Insuring 

22    Arena that's hosted many of our state 

23    championship basketball games.  Unfortunately, 

24    they'll lose that for the next couple of years, 

25    but hopefully the powers that be will realize the 


                                                               4332

 1    second time the error of their ways and return to 

 2    Glens Falls.  

 3                 But in the meantime, boys and your 

 4    coaches, congratulations on behalf of our 

 5    community that we live and love in, the 

 6    Glens Falls area.  Thank you for an exciting run 

 7    for all of us that live locally to be able to 

 8    watch this year.  You know, a truly, truly 

 9    impressive finish.  

10                 And I want to recognize the members 

11    of the team, if I may just briefly:  Jacob 

12    Barber, Jake Burns, Kellen Driscoll, 

13    Brody Holcomb, Oscar Lilac, Ralphael Maldonado, 

14    Bryce McClenning, Cooper Nadler, Aiden Prunty, 

15    Collin Woodell; Team Managers Claire Cygan and  

16    Tyrell Gooden; and Head Coach Rob Girard and his 

17    coaching staff Cam Girard, Sonny McTiernan, 

18    Dan Hall, Jr., Stephen Zurlo, and Trent Girard, 

19    and of course Athletic Director Shane Jones.

20                 Again, thank you, Glens Falls 

21    Black Bears, for being here today.  

22                 And, Madam President, if you would 

23    please also join me in congratulating them and 

24    extend to them the cordialities of the house.

25                 ACTING PRESIDENT MAYER:   Thank you, 


                                                               4333

 1    Senator Stec.

 2                 To our guests from the Glens Falls 

 3    High School Boys Basketball Black Bears -- is 

 4    that right?  What?

 5                 SENATOR STEC:   Formerly the 

 6    Glens Falls Indians, and now the Glens Falls 

 7    Black Bears.

 8                 ACTING PRESIDENT MAYER:   Okay, I 

 9    got it.  

10                 We welcome you on behalf of the 

11    Senate.  We extend to you all the privileges and 

12    courtesies of the house.  Congratulations on your 

13    victory.  

14                 Please rise and be recognized.

15                 (Standing ovation.)

16                 ACTING PRESIDENT MAYER:   The 

17    resolution was previously adopted on March 26th.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Let's stick with 

20    Stec.  

21                 (Laughter.)

22                 SENATOR GIANARIS:   Previously 

23    adopted Resolution 2031, read its title, and 

24    recognize Senator Stec.

25                 ACTING PRESIDENT MAYER:   The 


                                                               4334

 1    Secretary will read.

 2                 THE SECRETARY:   Resolution 2031, by 

 3    Senator Stec, congratulating Piper Dock upon the 

 4    occasion of winning the New York State Public 

 5    High School Athletic Association Slalom 

 6    Championship on February 26, 2024.  

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Stec on the resolution.

 9                 SENATOR STEC:   Thank you, 

10    Madam President.  

11                 And thank you, Deputy Leader 

12    Gianaris.  I love hearing you say the phrase 

13    "Stick with Stec" on the floor.  I'm waiting to 

14    hear "Stick with Stec" when we're on the active 

15    list.  

16                 (Laughter.)

17                 SENATOR GIANARIS:   (Inaudible.)

18                 SENATOR STEC:   I'd like two 

19    back-to-back, please.

20                 But anyways, all kidding aside, more 

21    Black Bears in attendance today.  This time we're 

22    celebrating a ski champion.  And if you've never 

23    heard the name of a skier -- Piper Dock, if 

24    that's not the name of a skier, I don't know what 

25    is.  


                                                               4335

 1                 But Piper Dock finished the ski 

 2    championship, a state championship, also in the 

 3    45th Senate District -- not quite the home game 

 4    that her brother Black Bears had with the 

 5    basketball championship, but she was just up the 

 6    road, also in the Adirondacks, skiing at 

 7    Whiteface, which of course we all know and love, 

 8    and love to fund.  

 9                 But she did a fantastic job.  She's 

10    joined today by her parents, Jeff and Alicia 

11    Dock, and Jeff not only is her dad but Jeff is 

12    also her coach.  

13                 Again, Piper, congratulations to you 

14    on a fantastic ski season.  I don't have an 

15    appreciation for this number -- I mean, I can get 

16    my head around 27-and-0 for a basketball team, 

17    but her combined time in the state championship 

18    was 1.38.98, which I assume is very fast, 

19    apparently fast enough to be the state champion.  

20                 So, Piper, congratulations to you, 

21    and thank you and your parents for everything 

22    that you've done to bring honor to the 

23    Glens Falls Black Bears.  And thanks for coming 

24    down today.  

25                 And Madam President, if you would 


                                                               4336

 1    also please extend the cordialities of the house 

 2    to Piper Dock, ski champion, and her mom and dad.

 3                 ACTING PRESIDENT MAYER:   To 

 4    Piper Dock, state champion, your mother and 

 5    father, we welcome you on behalf of the Senate.  

 6    We extend to you the privileges and courtesies of 

 7    the house.  

 8                 Please rise and be recognized.

 9                 (Standing ovation.)

10                 ACTING PRESIDENT MAYER:   The 

11    resolution was previously adopted on March 26th.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   The resolutions' 

14    sponsors would like to open them for 

15    cosponsorship.

16                 ACTING PRESIDENT MAYER:   The 

17    resolutions are open for cosponsorship.  Should 

18    you choose not to be a cosponsor, please notify 

19    the desk.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   There is a 

22    report of the Finance Committee at the desk.  

23    Let's take that up, please.

24                 ACTING PRESIDENT MAYER:   The 

25    Secretary will read.


                                                               4337

 1                 THE SECRETARY:   Senator Krueger, 

 2    from the Committee on Finance, reports the 

 3    following nominations:  

 4                 As commissioner of the Department of 

 5    Corrections and Community Supervision, Daniel F. 

 6    Martuscello III.  

 7                 As a member of the State Commission 

 8    of Correction, Elizabeth A. Gaynes.  

 9                 As a member of the Board of Visitors 

10    of the Finger Lakes Developmental Disabilities 

11    Services Office, Wendy J. Cheplick.

12                 As members of the Justice Center 

13    Advisory Council:  Geno DeCondo, Kathleen 

14    Gaffney-Babb, Michael A. Agovino and Ijaz Ahmad.  

15                 As members of the Board of Visitors 

16    of the Home for Veterans and their Dependents at 

17    Batavia:  Daniel J. Burling, Laura A. Stradley, 

18    and Richard G. Oleksyn.  

19                 As members of the Board of Visitors 

20    of the Home for Veterans and their Dependents at 

21    Montrose:  Albert Zawiski, Susan Branam, 

22    Daniel Griffin, and Katherine A. Ward-Buckley.  

23                 As members of the Board of Visitors 

24    of the Home for Veterans and their Dependents at 

25    Oxford:  Cecelia D. Lange and Larry F. Bourque.  


                                                               4338

 1                 As members of the Board of Visitors 

 2    of the Home for Veterans and their Dependents at 

 3    St. Albans:  Ashton Stewart, Gregg Porter, and 

 4    Michael P. O'Kane.

 5                 As members of the Administrative 

 6    Review Board for Professional Medical Conduct:  

 7    Heidi B. Miller and Richard Milone.  

 8                 As members of the Continuing Care 

 9    Retirement Community Council:  Janet K. Schloat, 

10    Michelle Gramoglia, and J. Brian Nealon.  

11                 As members of the Council on Human 

12    Blood and Transfusion Services:  Rachel C. Elder 

13    and Philip L. McCarthy.  

14                 As members of the Health Equity 

15    Council:  Alberto Cardelle, John R. Pamplin, 

16    Mario R. Ortiz, Sara A. Boerenko, Mill Etienne, 

17    and Raul Vazquez.  

18                 As members of the Public Health and 

19    Health Planning Council:  Lindsay Farrell, 

20    Marcus Friedrich, Michelle T. Mazzacco, 

21    Stanfort J. Perry, Wendy C. Wilcox, Jeffrey A. 

22    Kraut, Lawrence E. Eisenstein, Gary E. Kalkut, 

23    Scott P. LaRue, Harvey Lawrence, Ann F. Monroe, 

24    and Mario R. Ortiz.  

25                 And as a member of the State Camp 


                                                               4339

 1    Safety Advisory Council, Michael R. Clarke.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the report of the Finance Committee, and ask that 

 4    you recognize Senator Krueger.

 5                 ACTING PRESIDENT MAYER:   All those 

 6    in favor of accepting the report of the 

 7    Finance Committee signify by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT MAYER:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT MAYER:   The report 

13    of the Finance Committee is accepted.  

14                 Senator Krueger on the nominations.

15                 SENATOR KRUEGER:   Thank you, 

16    Madam President.  

17                 So we just heard an extraordinarily 

18    long list of people that have been nominated by 

19    the Governor and confirmed.

20                 Just to clarify, the vast 

21    majority -- really, after the first two -- are 

22    people who are being confirmed to various 

23    commissions and councils and planning councils 

24    and review boards that are critically important 

25    to ensure the best agencies and work that can be 


                                                               4340

 1    done for the State of New York.  But those are 

 2    unpaid positions, primarily volunteer, sometimes 

 3    with per diems.

 4                 We are greatly appreciative that 

 5    people like this, very often in professional 

 6    positions themselves, are willing to give of 

 7    their time and their commitment to their issues, 

 8    that they agree to serve in these positions.  So 

 9    we don't want to give them short shrift, and we 

10    definitely appreciate all the work that they are 

11    willing to do on behalf of the 20 million 

12    New Yorkers.

13                 But I am going to highlight the two 

14    nominees that are being confirmed today to 

15    commissioner positions and paid positions.  One 

16    is Elizabeth Gaynes, State Commission of 

17    Correction.  

18                 And she I think will have several 

19    people speaking on her behalf, and so I'm just 

20    very delighted that she is joining this 

21    Commission of Correction.

22                 And she is well-known for her work 

23    in reentry programs on behalf of the people of 

24    New York for decades and decades.

25                 But also for the nomination and 


                                                               4341

 1    confirmation of Daniel Martuscello III to be the 

 2    commissioner of the Department of Corrections and 

 3    Community Supervision, what we often call DOCCS.  

 4                 I want to recognize first that he is 

 5    joined here today by his mother, Victoria; his 

 6    sister Katherine; his brother, Nicholas; and his 

 7    sister Victoria.  We double-checked; you have two 

 8    Victorias in the family.  And a baby with one of 

 9    the Victorias, very adorable.

10                 So I want to just quickly say if 

11    anybody hasn't seen his resume -- and he went 

12    through an in-depth hearing process with multiple 

13    committees.  He reached out and met with many of 

14    us individually before.  And if you look at his 

15    vitae, you would think he started as a young 

16    child with DOCCS.  I didn't think we hired young 

17    children.  But in fact he has been with the 

18    agency I believe 27 years, in pretty much every 

19    position you would think such a large agency 

20    could have.  

21                 And I say that because I think it 

22    reflects on the fact that all of us who did have 

23    the chance to meet with him and interview him 

24    privately or in the hearing process, there wasn't 

25    a question asked that he couldn't answer.  And he 


                                                               4342

 1    wasn't looking at notes.  And he gave answers to 

 2    very difficult questions.  And he laid out a 

 3    vision for leading the agency, and leading the 

 4    agency in some cases in different directions than 

 5    it has been led before.  

 6                 And he left everyone, at least in 

 7    our conference, after meeting with him and 

 8    talking to him, with the belief that there really 

 9    couldn't be a better candidate to be the 

10    commissioner of DOCCS.  

11                 And so I'm very proud to be able to 

12    urge everyone to vote for him, as well as Liz 

13    Gaynes, as well as everyone on the list.  

14                 But since every Senator understands 

15    how complicated the issues are within the DOCCS 

16    system, both for ensuring the protection and 

17    safety of people in our community and believing 

18    that people who are ending up being incarcerated 

19    are treated humanely and with respect within the 

20    incarceration system and, perhaps most important 

21    for them, see an opportunity upon leaving -- 

22    because the vast majority of people who go into 

23    our prisons do in fact get out and come back into 

24    our communities -- understanding what role the 

25    Department of Corrections can play in helping 


                                                               4343

 1    people learn new skills, deal with the perhaps 

 2    devils in them that got them there in the first 

 3    place, confront new opportunities for themselves 

 4    when they leave.  

 5                 And I truly believe that we are 

 6    going to see significant improvements in how 

 7    DOCCS handles things and how they will work with 

 8    our communities and everyone in them.

 9                 So I'm going to allow others to 

10    speak now, and just close by saying I do hope 

11    everyone will vote yes today.

12                 Thank you, Madam President.

13                 ACTING PRESIDENT MAYER:   Thank you, 

14    Senator Krueger.

15                 Senator Salazar on the nominations.

16                 SENATOR SALAZAR:   Thank you, 

17    Madam President.  

18                 I rise to express my strong support 

19    for the confirmation of Elizabeth -- Liz -- 

20    Gaynes as a member of the New York State 

21    Commission of Correction.  

22                 As chair of the Senate's Committee 

23    on Crime Victims, Crime and Correction, an 

24    important focus among others is to ensure that 

25    individuals incarcerated in New York State are 


                                                               4344

 1    treated with respect and dignity, are safe, and 

 2    that the correctional facilities are accountable 

 3    and abide by the laws that we pass.

 4                 The Commission of Correction 

 5    has limited oversight responsibilities relating 

 6    to state correctional facilities, but the primary 

 7    work of the SCOC relates to the oversight of 

 8    local jails and police lockups.  These are the 

 9    entry point for many people in the correctional 

10    system.  They house individuals convicted of 

11    misdemeanors, people convicted of felonies who 

12    may be heading to state prison, large populations 

13    of individuals who have not been convicted of any 

14    charge and are being held pending trial.  

15                 These facilities are run by county 

16    sheriffs in counties outside of New York City, of 

17    course, by local police departments, and in 

18    New York City by NYCDOC.  

19                 Many observers have concluded that 

20    the SCOC has not fully carried out its mission 

21    over a period of many years, and one result of 

22    that is the ongoing crisis in the jails on 

23    Rikers Island.  

24                 However, I am proud to support 

25    Liz Gaynes in becoming a member of the 


                                                               4345

 1    commission, as her lifework for more than 

 2    50 years has been to make jails and prisons more 

 3    humane and safe, to hold those who run such 

 4    facilities accountable.  

 5                 I also learned that when Ms. Gaynes 

 6    began law school at Syracuse University College 

 7    of Law, she was at the time one of only five 

 8    women enrolled in the entire law school.

 9                 She went on to become the leader of 

10    the Osborne Association for close to 40 years.  

11    Liz led that organization into becoming a leading 

12    provider of family-focused services and programs 

13    for New York's correctional facilities.  

14                 Liz Gaynes is a leading national and 

15    internationally recognized expert on conditions 

16    of confinement, on how to establish programs that 

17    assist incarcerated individuals and their 

18    families, on how to create meaningful and 

19    successful reentry programs, and on how to hold 

20    correctional agencies accountable.  

21                 Liz recently led the effort to 

22    convince New York State to turn over a closed 

23    prison in the Bronx to create the new 

24    Fulton Community Reentry Center, which recently 

25    opened and provides innovative transitional 


                                                               4346

 1    reentry housing for 140 people after they're 

 2    released from New York's prisons.

 3                 Liz is a leader and a visionary.  

 4    She also has shown, through 50-plus years of 

 5    work, her dedication and ability to make 

 6    meaningful change happen, which is critically 

 7    needed in the SCOC.  

 8                 I look forward to working with Liz 

 9    in her new capacity and to seeing the positive 

10    impact on our correctional system of having a 

11    person with her knowledge, her experience, her 

12    care and dedication in the role as a member of 

13    the New York State Commission of Correction.

14                 I vote in the affirmative on 

15    Ms. Gaynes' nomination as well as the nomination 

16    of Acting Commissioner Martuscello.  

17                 Thank you.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Salazar.

20                 Senator Bailey on the nominations.

21                 SENATOR BAILEY:   Thank you, 

22    Madam President.  

23                 I want to thank the Governor for 

24    these nominations.  And a number of qualified 

25    individuals; I want to make sure I specifically 


                                                               4347

 1    lift up the name of Commissioner -- soon-to-be- 

 2    Commissioner Martuscello, acting commissioner 

 3    currently.  

 4                 His work has been impressive.  And 

 5    it's important, you know, when you've done 

 6    multiple jobs within an administration, you know 

 7    how those jobs can be done, most importantly how 

 8    they should be done.  And Commissioner 

 9    Martuscello has done so many jobs within DOCCS -- 

10    as Senator Krueger alluded to, I don't know at 

11    what age he started working there -- but he's 

12    done them incredibly well.  

13                 And he came down to the district, 

14    spoke about a number of positions, reentry 

15    conversations.  But there was something striking 

16    that really came to me, and it's always said 

17    those who are closest to the pain are closest to 

18    the solution.  So when my friend Eddie Gibbs, the 

19    first formerly incarcerated member of the 

20    State Legislature, not only said that Dan is a 

21    good guy, but he's that guy, I take that 

22    seriously.

23                 And so with that, I look forward to 

24    continuing to work with you.  I look forward to 

25    making sure that our correctional system is truly 


                                                               4348

 1    rehabilitative and that we understand that no 

 2    human is disposable.  And I think that the work 

 3    that you've done in terms of creating a pathway, 

 4    pilot programs for SNAP, so that individuals that 

 5    are being released from incarceration can 

 6    actually eat when they leave.  A novel concept, 

 7    Madam President.  And that they no longer suffer 

 8    from isolation, making sure that they are able to 

 9    have contact with each other.  

10                 So I appreciate the work that you've 

11    done, and I think that when we get started 

12    we'll as a Legislature, as a State Senate under 

13    the leadership of Andrea Stewart-Cousins, we can 

14    and will and definitely will continue to be in 

15    great contact with you, but we look forward to 

16    the continued work.  And I will proudly vote aye 

17    on the nomination.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT MAYER:   Thank you, 

20    Senator Bailey.  

21                 Senator Rivera on the nominations.

22                 SENATOR RIVERA:   Thank you, 

23    Madam President.  

24                 I also stand to vote in the 

25    affirmative on both of these nominations.  


                                                               4349

 1                 Briefly, on Commissioner 

 2    Martuscello -- acting commissioner, soon to be 

 3    commissioner -- as we've had conversations over 

 4    the last couple of months, I've definitely come 

 5    to learn more about the vision that he has for 

 6    the agency.  And as much issues as I've had with 

 7    the agency over the years, I think it is 

 8    incredibly important to have somebody that 

 9    obviously recognizes how the agency functions, 

10    because he's been in there for so long, but has a 

11    vision of doing things a little bit differently.  

12                 I believe, as I've said many times 

13    on the floor of the Senate, Madam President, 

14    nobody should be judged by the worst thing that 

15    they have ever done.  And we should -- and 

16    considering that most of the people who are 

17    incarcerated are going to return to our 

18    communities, then we should make sure to have a 

19    corrections system that actually facilitates that 

20    and makes sure that these folks are ready to come 

21    back.  

22                 And I do believe that the 

23    commissioner will do his best to push the agency 

24    in that direction, and I thank him for it.

25                 But I also want to just speak 


                                                               4350

 1    briefly about my good friend Liz Gaynes.  When I 

 2    was first elected to the Senate in 2010, I was 

 3    the ranking member on the Crime Victims, Crime 

 4    and Corrections Committee.  And as I knew a 

 5    little bit about criminal justice, but certainly 

 6    not that much as a policy thing, I had started to 

 7    meet with a lot of organizations and individuals 

 8    that knew a lot more about it than I did.  And 

 9    one of the first folks that I met was Liz.  

10                 And during that conversation I 

11    remember just getting a sense that this was 

12    somebody who had a long knowledge of how the 

13    system works, a sense of what we need to do to 

14    make it different, and also a sense of how to, 

15    within the confines of a messed-up system, do the 

16    best that we can to serve the people who are in 

17    it, not only the individuals who are incarcerated 

18    but certainly their families.  

19                 Since then, and I'm glad that 

20    Senator Salazar mentioned this, there is one 

21    thing that we did very early in our relationship 

22    together, in our career together, was to find the 

23    Fulton Correctional Facility, to then transform 

24    it -- it was her idea, Madam President, back in 

25    2011 or 2012, to transform it into a reentry 


                                                               4351

 1    center.  

 2                 And just a few months ago -- and 

 3    Acting Commissioner Martuscello was there -- we 

 4    had the chance to go inside what was once a 

 5    depressing work release facility and instead 

 6    turned into a reentry center that's the first of 

 7    its kind in the country, that will welcome folks 

 8    coming back into the community in a place that 

 9    they can actually get all services in one place, 

10    and make sure that these folks transition back 

11    into fully productive members of society.  And 

12    the vision of how that came to be was from Liz.  

13                 And besides that, there are so many 

14    times when I've learned so much from her over the 

15    years.  She's somebody who is incredibly 

16    knowledgeable, incredibly kind, but she can be a 

17    pain sometimes when she needs to be.  And that's 

18    one of the things that I've really loved about 

19    her.  

20                 And the fact that the Governor has 

21    sent us this nomination, I just want to thank the 

22    Governor for doing that.  Because she served many 

23    years as the leader of the Osborne Society.  

24    Recognizing that the Osborne Society needed to 

25    have new leadership, she actually stepped down, 


                                                               4352

 1    still with all of her capacities, all of her -- 

 2    she could still be there, she could still be 

 3    running that place, but she decided to step back, 

 4    to let a woman of color lead the organization, to 

 5    now being led by a man of color.  

 6                 And this is something that now in 

 7    her retirement, we needed for her to -- you know, 

 8    to find something for her to do.  Because I know 

 9    that she was just enjoying too many pina 

10    coladas -- no, actually she was still working, 

11    working incredibly hard, and this will just give 

12    her even more purpose.  

13                 So I just -- I wanted to take all 

14    that time because I have such a great admiration, 

15    love and respect for the Honorable -- now she's 

16    going to be honorable, which is, you know, a 

17    little difficult for her to kind of comprehend.  

18    Now she's going to be a commissioner, she's going 

19    to be the Honorable Liz Gaynes.  

20                 But for me, she will always be my 

21    friend.  I adore you, my friend.  Congratulations 

22    on this.  

23                 And I vote in the affirmative.

24                 ACTING PRESIDENT MAYER:   Thank you, 

25    Senator Rivera.


                                                               4353

 1                 Senator Harckham on the nominations.

 2                 SENATOR HARCKHAM:   Thank you very 

 3    much, Madam President.  

 4                 First, a point of personal 

 5    privilege, if I may.  I want to congratulate 

 6    Justin Kirby, who is the young man who is 

 7    standing next to you as you are furiously 

 8    signing.  Just two weeks ago he was a session 

 9    assistant doing an amazing job in our office, and 

10    now he's doing an amazing job on the Senate desk.  

11    So congratulations, great to see you there.

12                 I too join my colleagues to first 

13    thank the Governor for this great set of 

14    nominees, and I too rise to speak on 

15    Commissioner Martuscello.  Soon to be 

16    Commissioner Martuscello.  Momentarily to be 

17    Commissioner Martuscello.  

18                 I have worked with him about some -- 

19    a number of issues back to when we first began 

20    integrating medication-assisted treatment into 

21    our correctional facilities, dealing with a few 

22    issues of constituents.  And I consider 

23    incarcerated individuals in my district to be 

24    constituents.  

25                 He has been very responsive, very 


                                                               4354

 1    helpful.  And as you mentioned earlier today, 

 2    Madam President, the Town of Bedford Prison 

 3    Advisory Committee and the work that he's done on 

 4    that -- and that's just but one community 

 5    throughout the state -- and he's certainly been 

 6    to more of those meetings than I have.  

 7                 So just his responsiveness is really 

 8    impressive.  And we as Senators, both publicly 

 9    and privately, acknowledge there are very 

10    responsive agencies, very responsive 

11    commissioners, and some who are not so.  And this 

12    commissioner will fall to the front of the former 

13    category.  

14                 And I believe the challenges we face 

15    as we go forward working with DOCCS, this is a 

16    very, very positive sign, to have somebody who's 

17    responsive and willing to engage on a regular 

18    basis.  

19                 So I am fully on board.  I will be 

20    voting aye.  And congratulations to all the 

21    nominees.

22                 Thank you.  

23                 ACTING PRESIDENT MAYER:   Senator 

24    May on the nominations.

25                 SENATOR MAY:   Thank you, 


                                                               4355

 1    Madam President.

 2                 I want to join my colleagues in 

 3    congratulating Commissioner Martuscello and 

 4    welcoming him.  

 5                 As the Senator from Auburn, also 

 6    known as Prison City, I look forward to working 

 7    together with you on behalf of both the employees 

 8    and the incarcerated individuals who are my 

 9    constituents.  

10                 It is a remarkable facility, a 

11    historic building, but desperately in need of 

12    modernization.  And I hope we can work together 

13    to get better working conditions and living 

14    conditions for the people of my district.

15                 Thank you.

16                 ACTING PRESIDENT MAYER:   Thank you, 

17    Senator May.

18                 The question is on the nominations.  

19                 Call the roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to the 

24    nominations, those Senators voting in the 

25    negative are Senators Ashby, Borrello, 


                                                               4356

 1    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 2    Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, 

 3    Palumbo, Ramos, Rhoads, Rolison, Tedisco, Weber 

 4    and Weik.

 5                 Ayes, 37.  Nays, 19.

 6                 ACTING PRESIDENT MAYER:   The 

 7    nominees are confirmed.

 8                 Let me congratulate Commissioner 

 9    Daniel Martuscello, commissioner of DOCCS, and 

10    Elizabeth Gaynes, member of the State Commission 

11    of Correction.

12                 (Standing ovation.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   Please take up 

16    the reading of the calendar.

17                 ACTING PRESIDENT MAYER:   The 

18    Secretary will read.

19                 THE SECRETARY:   Calendar Number 

20    244, Senate Print 5865, by Senator Murray, an act 

21    in relation to authorizing the assessor of the 

22    Town of Brookhaven to accept from the Post-Morrow 

23    Foundation, Inc. an application for exemption 

24    from real property taxes.  

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               4357

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 56.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    410, Senate Print 4321, by Senator Lanza, an act 

14    to amend the Mental Hygiene Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

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

19    shall have become a law.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 56.


                                                               4358

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    442, Senate Print 8323, by Senator Ramos, an act 

 5    to amend the Workers' Compensation Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    Ramos to explain her vote.

15                 SENATOR RAMOS:   Thank you, 

16    Madam President.  

17                 Last wednesday the Labor Committee 

18    held its first-ever Workers' Comp oversight 

19    hearing.  And I want to thank Senators Fernandez, 

20    Jackson, Rhoads and Martins for participating in 

21    that hearing with me.  I'm hoping that this 

22    becomes an annual occurrence.

23                 You know, for five hours my 

24    colleagues and I heard from stakeholders in this 

25    complicated and opaque industry.  In addition to 


                                                               4359

 1    NYSIF and the Workers' Comp commissioner, we 

 2    heard from attorneys, labor, pharmacists, doctors 

 3    and, most importantly, injured workers and their 

 4    loved ones.  

 5                 Today I want to point to the 

 6    testimony of Mrs. Barbara Miller, who spoke to 

 7    exactly why we need this legislation.  

 8    Mrs. Miller is the caretaker for her husband, who 

 9    was a self-employed electrician.  Mr. Miller 

10    suffered a traumatic brain injury at work that 

11    completely changed his and his family's life.  

12                 The experience of trying to navigate 

13    workers' comp, finding doctors, fighting with 

14    insurance providers, and trying to get answers 

15    from workers' comp left them feeling frustrated, 

16    hopeless and like their rights and dignity had 

17    been violated.  

18                 With this bill, we are making a 

19    simple and obvious fix that will make a world of 

20    difference.  Because believe it or not, attorneys 

21    for injured workers are not currently allowed to 

22    communicate directly with their client's doctors.  

23    This creates delays and opportunities for 

24    miscommunication that can have devastating 

25    consequences.  


                                                               4360

 1                 I dedicate this bill to Mr. and 

 2    Mrs. Miller and all the injured workers who 

 3    bravely shared their stories with the 

 4    Labor Committee.

 5                 I vote aye.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Ramos to be recorded in the affirmative.  

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 442, those Senators voting in the 

11    negative are Senators Borrello, 

12    Canzoneri-Fitzpatrick, Griffo, Helming, Murray, 

13    O'Mara and Weik.

14                 Ayes, 49.  Nays, 7.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    496, Senate Print 5262, by Senator Sanders, an 

19    act to amend the Administrative Code of the City 

20    of New York.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               4361

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 56.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    550, Assembly Bill Number 7495, by 

10    Assemblymember Lavine, an act to amend the 

11    Criminal Procedure Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 550, voting in the negative:  

23    Senator Stec.  

24                 Ayes, 55.  Nays, 1.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               4362

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    573, Senate Print 2731A, by Senator Sanders, an 

 4    act to amend the Insurance Law and the 

 5    Vehicle and Traffic Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 56.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    603, Assembly Bill Number 8029C, by 

20    Assemblymember Epstein, an act directing the 

21    Metropolitan Transportation Authority and the 

22    New York City Transit Authority to rename the 

23    23rd Street subway station.

24                 ACTING PRESIDENT MAYER:   Read the 

25    last section.


                                                               4363

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT MAYER:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT MAYER:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 603, voting in the negative:  

10    Senator Krueger.

11                 Ayes, 55.  Nays, 1.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    653, Senate Print 1050B, by Senator Cooney, an 

16    act to amend the Education Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               4364

 1                 THE SECRETARY:   Ayes, 56.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    656, Senate Print 5635A, by Senator Webb, an act 

 6    to amend the Education Law and the Public Health 

 7    Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 6.  This 

11    act shall take effect one year after it shall 

12    have become a law.

13                 ACTING PRESIDENT MAYER:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT MAYER:   Senator 

17    Webb to explain her vote.

18                 SENATOR WEBB:   Thank you, 

19    Madam President.  

20                 This legislation lifts up our 

21    continued efforts to address challenges around 

22    getting access to care.  And in this case, this 

23    legislation is specifically dealing with 

24    contraceptive care.  

25                 Over 25,000 women throughout 


                                                               4365

 1    New York live in what's called contraceptive 

 2    deserts, which means they lack access to single 

 3    clinics offering the full range of 

 4    contraceptives.  As a result, some women must 

 5    cross county lines to receive the contraceptive 

 6    of their choice.  

 7                 These barriers to access place 

 8    additional burdens on women and families 

 9    struggling to make ends meet.  Sixty percent of 

10    women who are of reproductive age currently are 

11    using a contraceptive method.  It is clear that 

12    access to contraception is a public health 

13    concern.  

14                 The Depo-Provera shot is a hormonal 

15    contraceptive injection that must be 

16    administered -- or received every three months.  

17    In New York it must be given by your healthcare 

18    provider.  This is an unnecessary barrier keeping 

19    women from the contraceptive of their choice.

20                 This bill will allow pharmacists to 

21    carry out scripts given by physicians allowing 

22    women to receive their hormonal injections from 

23    either their local pharmacist or their doctor's 

24    office every three months.  

25                 Pharmacies are convenient locations 


                                                               4366

 1    for accessing birth control, given their 

 2    prevalence in communities and their flexible 

 3    hours.  Pharmacists must comply with training 

 4    requirements.  They also, as part of this 

 5    legislation, will have to provide and assess 

 6    self-screening risk-assessment questionnaires to 

 7    patients and also provide other relevant 

 8    information.  

 9                 This legislation will help to remove 

10    barriers to access for marginalized communities 

11    of young people, rural communities, and other 

12    individuals who have historically experienced 

13    barriers to reproductive and contraceptive care.

14                 I want to thank the Majority Leader 

15    for bringing this legislation to the floor.  I 

16    vote aye and encourage my colleagues to do the 

17    same.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Webb to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 656, those Senators voting in the 

24    negative are Senators Borrello, 

25    Canzoneri-Fitzpatrick, Gallivan, Griffo, Lanza, 


                                                               4367

 1    Mattera, Murray, Oberacker, O'Mara, Ortt and 

 2    Stec.  Also Senator Tedisco.

 3                 Ayes, 44.  Nays, 12.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    684, Senate Print 7937, by Senator Harckham, 

 8    an act to amend the Correction Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    shall have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Senator 

18    Harckham to explain his vote.

19                 SENATOR HARCKHAM:   Thank you very 

20    much, Madam President.  

21                 First I want to thank the 

22    Majority Leader for bringing this legislation 

23    forward.  

24                 I want to thank Senator Salazar for 

25    her care in shepherding this through her 


                                                               4368

 1    committee and her amazing job that she does as 

 2    chair of that committee.

 3                 It's appropriate that the 

 4    commissioner of Corrections and Community 

 5    Supervision was just here, because this bill 

 6    would require him to make water-testing results 

 7    known of correctional facilities to both the 

 8    incarcerated individuals and the staff who work 

 9    there.  

10                 And the reason this is so important, 

11    there's a study that was done:  More than a 

12    million incarcerated individuals are at risk for 

13    exposure to PFAS in their water.  That doesn't 

14    include the staff who work there, uniform and 

15    civilian, as well as those in the surrounding 

16    community.  So this is also a bellwether for 

17    surrounding communities.

18                 So I appreciate all involved for 

19    getting this bill to the floor.  This will 

20    protect public health.  It will protect the 

21    health of the staff and of incarcerated 

22    individuals.  

23                 And I vote aye.  Thank you very 

24    much.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               4369

 1    Harckham to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 684, voting in the negative:  

 5    Senator Ortt.

 6                 Ayes, 55.  Nays, 1.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    800, Senate Print 5896, by Senator Breslin, an 

11    act to amend the Insurance Law.

12                 ACTING PRESIDENT MAYER:   Read the 

13    last section.

14                 THE SECRETARY:   Section 3.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 56.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    950, Senate Print 6424C, by Senator Persaud, an 


                                                               4370

 1    act to amend the Social Services Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 56.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    966, Senate Print 1316A, by Senator Parker, an 

16    act to amend the Public Service Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT MAYER:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT MAYER:   Announce 

25    the results.


                                                               4371

 1                 THE SECRETARY:   In relation to 

 2    Calendar 966, voting in the negative are 

 3    Senators Borrello, Oberacker, Ortt and Stec.  

 4                 Ayes, 52.  Nays, 4.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1027, Assembly Bill Number 9466, by 

 9    Assemblymember Pretlow, an act to amend the 

10    Local Finance Law.

11                 ACTING PRESIDENT MAYER:   There is a 

12    home-rule message at the desk.

13                 Read the last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT MAYER:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT MAYER:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 56.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1057, Senate Print 8602, by Senator Ramos, an act 


                                                               4372

 1    to amend the Labor Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Ramos to explain her vote.

11                 SENATOR RAMOS:   Thank you.

12                 In 2021, minor league players came 

13    to me to share their stories.  These players, 

14    many of them immigrants, were working two to 

15    three jobs, sleeping on airport floors, and 

16    earning less than minimum wage, hoping the 

17    struggle would one day pay off.  

18                 I helped broker a meeting between 

19    these players and the owner of my hometown team, 

20    the Mets.  And in September 2022, the minor 

21    leaguers officially joined the Major League 

22    Baseball Players Association and started 

23    negotiating their very first contract.  

24                 I'm proud to say that this 

25    legislation is the final checkmark in that 


                                                               4373

 1    contract negotiation.  These minor league players 

 2    lifted 5,500 players out of extreme poverty.  And 

 3    I'm so proud to say that they courageously 

 4    stepped up, and now we're seeing the results. 

 5                 Ninety-nine percent of the players 

 6    voted to ratify a tentative contract that nearly 

 7    doubled base pay, earned them pay for spring 

 8    training -- which they had previously been doing 

 9    for free -- and grants the players just-cause 

10    provisions.  These workers now have a collective 

11    voice that allows them to focus on the game we 

12    love.  

13                 I vote aye.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Ramos to be recorded in the affirmative.  

16                 Announce the results.

17                 THE SECRETARY:   Ayes, 56.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1089, Senate Print 4340, by Senator SepĂșlveda, an 

22    act to amend the Civil Practice Law and Rules.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4374

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 1089, those Senators voting in 

 9    the negative are Senators Borrello, 

10    Canzoneri-Fitzpatrick, Griffo, Lanza, Murray, 

11    Oberacker, O'Mara, Rhoads, Stec, Tedisco and 

12    Weik.

13                 Ayes, 45.  Nays, 11.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1095, Senate Print 7517, by Senator SepĂșlveda, an 

18    act to amend the Civil Practice Law and Rules.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.  

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4375

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 56.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1115, Senate Print 6584C, by Senator Gianaris, an 

 8    act to amend the Executive Law.

 9                 ACTING PRESIDENT MAYER:   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 MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 56.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1125, Senate Print 1156, by Senator Skoufis, 

24    an act to amend the General Municipal Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               4376

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.  

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 56.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1139, Senate Print 9250, by Senator Serrano, an 

14    act to amend Chapter 138 of the Laws of 1998.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 56.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               4377

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1145, Senate Print 8781A, by Senator Cooney, an 

 4    act to amend the General Municipal Law.

 5                 ACTING PRESIDENT MAYER:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT MAYER:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT MAYER:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 56.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1222, Senate Print 9163A, by Senator Breslin, an 

19    act authorizing the Praise Tabernacle Church of 

20    God to receive retroactive real property tax 

21    exempt status.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               4378

 1                 ACTING PRESIDENT MAYER:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1222, voting in the negative:  

 8    Senator O'Mara.

 9                 Ayes, 55.  Nays, 1.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    1224, Senate Print 9486, by Senator Thomas, an 

14    act to amend the Real Property Tax Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.  

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 56.

25                 ACTING PRESIDENT MAYER:   The bill 


                                                               4379

 1    is passed.

 2                 Senator Gianaris, that completes the 

 3    reading of today's calendar.

 4                 SENATOR GIANARIS:   Returning to 

 5    motions, on behalf of Senator Kavanagh, on 

 6    page 77 I offer the following amendments to 

 7    Calendar 1105, Senate 2960, and ask that said 

 8    bill retain its place on Third Reading Calendar.

 9                 ACTING PRESIDENT MAYER:   The 

10    amendments are received, and the bills will 

11    retain their place on the Third Reading Calendar.  

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Is there any 

14    further business at the desk?

15                 ACTING PRESIDENT MAYER:   There is 

16    no further business at the desk.

17                 SENATOR GIANARIS:   Move to adjourn 

18    until Tuesday, May 28th, at 3:00 p.m., with the 

19    intervening days being legislative days.

20                 ACTING PRESIDENT MAYER:   On motion, 

21    the Senate stands adjourned until Tuesday, 

22    May 28th, at 3:00 p.m., with the intervening days 

23    being legislative days.

24                 (Whereupon, at 12:41 p.m., the 

25    Senate adjourned.)