Regular Session - February 24, 2025

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 24, 2025

11                      4:33 p.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  


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 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:   Reverend 

 9    Stephen Green, of the Greater Allen African 

10    Methodist Episcopal Church in Jamaica, Queens, 

11    New York, will deliver today's invocation.

12                 Reverend.  

13                 REVEREND GREEN:   I want to first 

14    thank Senator James Sanders for this gracious 

15    invitation, and Senator Leroy Comrie, and 

16    Majority Leader Senator Andrea Stewart-Cousins, 

17    for this privilege to be able to stand here 

18    today.  

19                 I am honored to be here today with 

20    my lovely wife, First Lady Braea Tilford Green, 

21    along with members of the Greater Allen Cathedral 

22    of New York -- and one of our members who is no 

23    stranger to this body, the first African-American 

24    Majority Leader, Senator Malcolm Smith.  

25                 Let us pray.  


                                                               664

 1                 (Applause.)

 2                 REVEREND GREEN:   Let us pray.  

 3                 Dear God, we are grateful for the 

 4    opportunity to gather in the hallowed halls of 

 5    this, the New York State Senate chambers, on this 

 6    historic day.  We thank you for guiding and 

 7    protecting these 63 servant leaders who serve the 

 8    20 million citizens of the State of New York with 

 9    wisdom and grace.  

10                 We are honored that this chamber 

11    remains a glimmer of hope in the midst of this 

12    dark moment in our nation, as we fight to 

13    preserve our democracy.  We know that these 

14    perilous times beckon for us to work together, 

15    with radical love and action, as modeled in this 

16    chamber, to counter the threats of fascism and 

17    authoritarianism that is wreaking its head across 

18    our country.  

19                 As we gather during this Black 

20    History Month, we are reminded of the sacrifices 

21    made by those who have come before us to foster a 

22    new vision of society that honors and respects 

23    the dignity of all human personality.  

24                 We remember New Yorkers like 

25    abolitionists Harriet Tubman and 


                                                               665

 1    Frederick Douglass and Sojourner Truth, who 

 2    fought to end slavery.  

 3                 We remember civil rights activists 

 4    like Bayard Rustin and Shirley Chisholm and 

 5    Malcolm X, who strategized to build a new 

 6    society.  

 7                 We remember the freedom vision of 

 8    culture architects like Zora Neal Hurston, 

 9    Langston Hughes, and James Baldwin, who taught us 

10    how to stand in the face of fear.  

11                 And now more than ever, we need the 

12    freedom dreams of these love warriors to guide us 

13    through so that children from Jamaica to 

14    Jamestown, from Harlem to the Hudson Valley, and 

15    from Brooklyn to Buffalo, will have a chance to 

16    achieve the American dream.  

17                 May we always hold on to the power 

18    of our faith to work together in the spirit of 

19    Ubuntu -- I am because we are -- until every 

20    New Yorker has access to excellent education, 

21    guaranteed housing, quality healthcare, a clean 

22    environment, and safe streets.  

23                 And when this becomes our reality, 

24    when this becomes the priority of our legislative 

25    agendas, then we will be able to sing:  


                                                               666

 1                 Lift every voice and sing 

 2                 Till earth and heaven ring 

 3                 Ring with the harmonies of liberty 

 4                 We will let our rejoicing rise 

 5                 High as the listening skies 

 6                 We will let it resound 

 7                 Loud as the rolling sea 

 8                 We will sing this song 

 9                 Full of the faith that the dark past 

10    has taught us 

11                 We will sing a song full of the hope 

12    that the present has brought us 

13                 Facing the rising sun of our new day 

14    begun

15                 Let us march on until victory is 

16    won.  

17                 Amen.  

18                 (Response of "Amen.")  

19                 (Applause from gallery.)

20                 ACTING PRESIDENT MAYER:   Reading of 

21    the Journal.

22                 THE SECRETARY:   In Senate, Friday, 

23    February 21, 2025, the Senate met pursuant to 

24    adjournment.  The Journal of Thursday, 

25    February 20, 2025, was read and approved.  On 


                                                               667

 1    motion, the Senate adjourned.

 2                 ACTING PRESIDENT MAYER:   Without 

 3    objection, the Journal stands approved as read.

 4                 Presentation of petitions.

 5                 Messages from the Assembly.

 6                 Messages from the Governor.

 7                 Reports of standing committees.

 8                 Reports of select committees.

 9                 Communications and reports from 

10    state officers.

11                 Motions and resolutions.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Good afternoon, 

14    Madam President.  

15                 I wish to call up Senator Krueger's 

16    bill, Print 1438, recalled from the Assembly, 

17    which is now at the desk.

18                 ACTING PRESIDENT MAYER:   The 

19    Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    102, Senate Print 1438, by Senator Krueger, an 

22    act to amend the Public Health Law.

23                 SENATOR GIANARIS:   I now move to 

24    reconsider the vote by which the bill was passed.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               668

 1    roll.

 2                 (The Secretary called the roll.)

 3                 THE SECRETARY:   Ayes, 60.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is restored to its place on the Third Reading 

 6    Calendar.

 7                 SENATOR GIANARIS:   I offer the 

 8    following amendments.

 9                 ACTING PRESIDENT MAYER:   The 

10    amendments are received, and the bill will retain 

11    its place on the Third Reading Calendar.

12                 SENATOR GIANARIS:   Please recognize 

13    Senator Sanders for an introduction.

14                 ACTING PRESIDENT MAYER:   Senator 

15    Sanders for the purpose of an introduction.

16                 SENATOR SANDERS:   Thank you, 

17    Madam President.  Thank you.  

18                 I want to thank the leader.  

19                 I want to -- on behalf of 

20    Senator Comrie and myself, I want to warmly 

21    welcome Pastor Stephen Green and the parishioners 

22    from the Allen -- from Greater Allen, of course, 

23    the African Methodist Episcopalian Church, to 

24    celebrate AME Day in Albany.  

25                 I appreciate that many of you have 


                                                               669

 1    traveled very far to get here.  This is the 

 2    191st anniversary of the Greater Allen AME 

 3    Church, but the AME Church as a whole has a proud 

 4    history in America.  

 5                 It's a history of faith over 

 6    resistance -- faith over failure, if you wish -- 

 7    where they came into being because some people 

 8    hiding under the garb of Christianity did not 

 9    understand the unity of the human family, and 

10    therefore the church was created.  And that 

11    started in 1834, and we are really proud of that.

12                 In the 1840s, when most of the 

13    nation was trying to decide where they would go, 

14    this church was a leader in the Underground 

15    Railroad.  In fact, a church not far from here, 

16    walking distance, was one of the stops of the 

17    Underground Railroad, where they have a tunnel -- 

18    on Hamilton Street, they have a tunnel to the 

19    river so that people could escape.  So a real 

20    impressive history here.

21                 On June 16, 2024, Reverend Stephen 

22    A. Green was appointed senior pastor, and he 

23    ushered in -- he is ushering in a new era of that 

24    historic church.  Of course he could not do this 

25    alone.  The First Lady, of course, doesn't walk 


                                                               670

 1    behind him, walks side by side with him, to 

 2    ensure that this is going to go the way it's 

 3    supposed to.

 4                 I know they have traveled long.  I 

 5    have further words to say, but I will not say 

 6    them today.  I look forward to coming to the 

 7    church to bring the resolution -- that we will 

 8    vote on, on another day here -- and present it to 

 9    the church.  

10                 I will come around to you in a 

11    moment, but on behalf of all of my colleagues 

12    here, we want to thank you for coming.  

13                 And Madam President, if you would 

14    give the courtesies of the Senate, I would be 

15    much obliged.

16                 ACTING PRESIDENT MAYER:   Thank you.  

17    Thank you very much, Senator Sanders.

18                 To our guests from the Greater Allen 

19    AME Church, Reverend Green and First Lady Green, 

20    to Senator Malcolm Smith and our guests, we 

21    welcome you on behalf of the Senate.  We extend 

22    all of the privileges and courtesies of the 

23    house.  

24                 Please rise and be recognized.

25                 (Standing ovation.)


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 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Gianaris.

 3                 SENATOR GIANARIS:   Thank you, 

 4    Madam President.

 5                 Let's take up previously adopted 

 6    Resolution 235, by Senator Sepúlveda, read that 

 7    resolution's title and recognize 

 8    Senator Sepúlveda.

 9                 ACTING PRESIDENT MAYER:   The 

10    Secretary will read.

11                 THE SECRETARY:   Resolution 235, by 

12    Senator Sepúlveda, commemorating the 

13    181st Anniversary of the Independence of the 

14    Dominican Republic to be celebrated on 

15    February 27, 2025.

16                 ACTING PRESIDENT MAYER:  Senator 

17    Sepúlveda on the resolution.

18                 SENATOR SEPÚLVEDA:   Thank you, 

19    Madam President, for allowing me to present this 

20    resolution.

21                 To my colleagues and honored 

22    distinguished guests, it's an honor for me to 

23    welcome prominent Dominican personalities to the 

24    State of New York here in the Senate to celebrate 

25    Dominican Heritage Month.


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 1                 I am deeply honored to stand before 

 2    you today to commemorate a significant event in 

 3    the history of the country, the 181st anniversary 

 4    of its national independence.  This day not only 

 5    invites us to remember the sacrifices of our 

 6    national heroes, but also to renew our commitment 

 7    to the ideals of freedom, justice, sovereignty 

 8    that have inspired the creation of the 

 9    Dominican Republic.

10                 More than a century and a half ago, 

11    a brave group of Dominican patriots, guided by a 

12    profound love for their homeland, fought to 

13    defend their right to be free.  Today we are 

14    standing here thanks to the courage and 

15    determination of such men as Juan Pablo Duarte, 

16    Juan Isidro Pérez, Pedro Alejandro Pina, and 

17    Félix María Ruiz.  They, along with other heroes, 

18    sowed the seeds of independence that would later 

19    flourish in the Dominican Republic that we now 

20    know.

21                 I'm filled with pride when I see 

22    how, over the years, Dominicans have shown an 

23    unwavering tenacity and a unique ability to excel 

24    in any corner of the new world, especially here 

25    in New York, where in my district I have the 


                                                               673

 1    honor of representing one of the largest 

 2    communities of Dominicans in the city and in the 

 3    state.

 4                 The Dominican community in New York 

 5    has grown significantly over the decades.  This 

 6    increase not only reflects the population growth 

 7    but also the consolidation of a very strong 

 8    Dominican identity and culture in the city.  

 9    According to the 2020 Census, there are 

10    842,307 Dominicans in New York City, and they are 

11    the second-largest ethnic group in our city after 

12    non-Hispanic whites.  

13                 To commemorate this historic day, I 

14    would like to recognize those who, through their 

15    dedication, effort and passion, have witnessed 

16    the transformative impact of their community.  

17    Their work not only strengthens their cultural 

18    identity, but also builds a bridge between the 

19    Dominican community and the rest of our society.

20                 Thanks to their efforts, our voice 

21    is heard more strongly in all spheres of society.  

22    Journalists, with their dedication, not only 

23    inform but also aspire and educate, ensuring that 

24    Dominican voices continue to be heard, traditions 

25    are preserved, and new generations have a sense 


                                                               674

 1    of belonging and pride in their cultural 

 2    heritage.

 3                 Today I want to recognize several of 

 4    those leading Dominican figures:  Dominican 

 5    journalists and members of the Dominican press.  

 6                 We start with recognizing Violeta 

 7    Bastardo, who is a well-known journalist and 

 8    communicator recognized for her hard work and 

 9    dedication in the world of news.  Since arriving 

10    in New York in 2007, Violeta has shown unwavering 

11    commitment to covering community news, politics 

12    and culture, especially for the Hispanic 

13    audience.  She has become an influential figure 

14    in the Hispanic media.  

15                 We're also going to recognize 

16    today -- bear with me one second -- 

17    Ramon Tolentino, who is a journalist known for 

18    his involvement in police investigations in the 

19    neighborhoods of the Dominican capital.  He has 

20    worked in various media outlets, including 

21    television, radio and digital platforms.  On 

22    "Esto No Es Radio," his approach seems to be to 

23    generate relevant and up-to-date content for the 

24    audience, with a direct, critical and uncensored 

25    style.


                                                               675

 1                 Darling Burdiez is a journalist and 

 2    news anchor from the Dominican Republic with over 

 3    20 years of experience in journalism.  She 

 4    currently works at Telemundo 47 New York, where 

 5    she presents the news at various times.  Before 

 6    joining Telemundo, Ms. Burdiez worked at several 

 7    television and radio stations in the 

 8    Dominican Republic.  Throughout her career, she 

 9    has received several awards, including an Emmy in 

10    2020 for "Breaking News."  She has also been 

11    recognized for her contributions to 

12    communications and has an active presence on 

13    social media.

14                 Also I want to recognize several 

15    other journalists who couldn't make it, and one 

16    community activist, Nurys De Oleo, who is a 

17    community leader and recognized for her work in 

18    Manhattan and in the Bronx and in New York City.  

19                 I'd also like to recognize a 

20    journalist, a very well-known journalist, 

21    Alicia Ortega, from the Dominican Republic.  She 

22    is a news anchor and recognized for her massive 

23    work in media, and she's a prominent figure in 

24    investigative journalism and coverage on 

25    political issues.


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 1                 Lastly, I'd like to recognize 

 2    Julissa Céspedes, who is also a distinguished 

 3    Dominican journalist with 15 years of experience 

 4    in media.  She has participated in the most 

 5    prestigious platforms alongside prominent 

 6    figures, covering high-profile national and 

 7    international events.

 8                 I'm going to ask my three 

 9    journalists that are here to stand so we can 

10    recognize them.

11                 Thank you, Madam President, for 

12    giving them the recognition of the floor and for 

13    allowing me to speak on this resolution.  They 

14    are Ramon Tolentino, Darling Burdiez and, last 

15    but certainly not least, we have 

16    Violeta Bastardo.

17                 ACTING PRESIDENT MAYER:   Thank you, 

18    Senator Sepúlveda.  And we have additional 

19    speakers, so you can sit.

20                 (Laughter.)

21                 ACTING PRESIDENT MAYER:   Senator 

22    Jackson on the resolution.

23                 SENATOR JACKSON:   Thank you, 

24    Madam President.  

25                 My colleagues, I rise in order to 


                                                               677

 1    honor these individuals that have come to witness 

 2    democracy at its best here in New York State.

 3                 Knowing that my district, the 

 4    31st Senatorial District, outside of the 

 5    Dominican Republic is probably the most people 

 6    that live in Washington Heights, Inwood, 

 7    Marble Hill, and the Bronx, where Luis and I and 

 8    others of my colleagues represent many, many, 

 9    many people.  But obviously Dominicans are the 

10    highest number of people that I represent.

11                 And in fact, approximately 

12    67 percent of my district has individuals that 

13    are basically Spanish-speaking, and the majority 

14    of them are from the Dominican Republic.  

15                 But knowing that the journalists and 

16    the media people are all over the place, they 

17    definitely want to make sure that you hear the 

18    news and see the news.

19                 So I congratulate the three of them 

20    for being here today:  Ramon Tolentino, 

21    congratulations.  Alicia Ortega, good afternoon.  

22    And Violeta Bastardo, good afternoon.

23                 Congratulations, and welcome aboard.

24                 ACTING PRESIDENT MAYER:   Thank you, 

25    Senator Jackson.


                                                               678

 1                 Senator Bailey on the resolution.

 2                 SENATOR BAILEY:   Thank you, 

 3    Madam President.  

 4                 Thank you, Senator Sepúlveda, for 

 5    introducing this important resolution and always 

 6    commemorating Dominican Independence Day.  

 7                 I represent the Borough of the Bronx 

 8    and also the City of Mount Vernon.  In both 

 9    areas, there is a large and burgeoning Dominican 

10    population.  As we've heard from 

11    Senator Sepúlveda and many others, the 

12    Dominican community in the Bronx is the 

13    fastest-growing ethnic group in the borough.  

14                 Also in Westchester County, in the 

15    City of Mount Vernon, let's also make sure that 

16    we also recognize the Dominican community is 

17    making large strides in that community as well.  

18                 And so it's really important for me 

19    to recognize the community.  Senator Sepúlveda 

20    did not tell me about this resolution, or 

21    otherwise I would have had my De Lo Mio's on, my 

22    Nike Air Max 95 that say "De Lo Mio," which 

23    means -- you know, it's loosely translated to 

24    "One of Us."  

25                 And the warmth that I have felt from 


                                                               679

 1    the Dominican community is often personified in 

 2    that phrase, De Lo Mio.  It is a very insular and 

 3    prideful statement that means that, you know, 

 4    when you move, you're like one of us and we make 

 5    these movements together.  

 6                 So I just want to say 

 7    congratulations on 181 years of incredible -- you 

 8    know, incredible being.  And I'm trying to find 

 9    the words; is it Dios, Patria y Libertad?

10                 SENATOR SEPÚLVEDA:   There you go.

11                 SENATOR BAILEY:   So that comes from 

12    memory.  I just want to make sure that the 

13    Dominican community knows that we are incredibly 

14    proud of them and appreciative of them.  

15                 And I say thank you, 

16    Madam President, and I proudly support this 

17    resolution.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Bailey.

20                 Senator Fernandez on the resolution.

21                 SENATOR FERNANDEZ:   Thank you, 

22    Madam President.  

23                 And thank you, Senator Sepúlveda, 

24    for this very important resolution. 

25                 A hundred and eighty-one years is 


                                                               680

 1    not an easy feat.  And while I am not 

 2    Dominican -- no soy Dominicana -- the admiration 

 3    that I have for this community is so abundant.  

 4    The gratitude that I have for this community, as 

 5    a Latina in New York, is abundant.  And I thank 

 6    them for their contributions, for the vibrancy of 

 7    the culture, for expanding into every corner of 

 8    the state.  

 9                 Because I too represent a wonderful 

10    district in the East Bronx and Southern 

11    Westchester, and my Dominican community adds so 

12    much beauty to it.  

13                 So for this day, Felicidades.  And 

14    thank you again for our journalists, for 

15    reporting on the needed information that we have 

16    to know, the hard topics, the ones that are not 

17    easy to talk about or to defend.  But you do it, 

18    and you do it bravely, and I am incredibly 

19    thankful.  

20                 So thank you.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Fernandez.  

23                 Senator Cleare on the resolution.

24                 SENATOR CLEARE:   Thank you, 

25    Madam President.  


                                                               681

 1                 Thank you, Senator Sepúlveda, for 

 2    bringing forth this very important resolution.

 3                 I think it is important that we 

 4    recognize all our communities in New York City 

 5    which contribute to the great mosaic, as it's 

 6    called.  And the Dominican community has been a 

 7    fast and rapidly growing community contributing 

 8    so much to our food, to our music, and to the 

 9    culture in general.

10                 So I congratulate all of today's 

11    honorees, the people who are being recognized and 

12    those who did not make it here today.  And of 

13    course you do report the news, and that's so 

14    important to all of our communities, to make sure 

15    that they get that information correctly.  

16                 So thank you again, and thank you, 

17    Senator Sepúlveda.

18                 ACTING PRESIDENT MAYER:   Thank you, 

19    Senator Cleare.

20                 Senator Weber on the resolution.

21                 SENATOR WEBER:   Thank you.  

22                 And thank you to the sponsor, 

23    Senator Sepúlveda, for this very important 

24    resolution, a great resolution that you bring 

25    forward every year.


                                                               682

 1                 You know, as you know and as I've 

 2    spoken in the past, I have a -- my father 

 3    remarried when my parents divorced.  My father is 

 4    married to a Dominican woman from Bani, so it's 

 5    an island that I visited many times as a child.  

 6    So it's great to take that knowledge of the 

 7    island and actually be a Senator in 

 8    Rockland County, where we have a large, growing 

 9    Dominican community right there in Haverstraw, a 

10    community that has great leaders like 

11    Johnny Ortiz and Ramon Lopez.  We have 

12    Ramon Soto, who writes for El Sol magazine, who's 

13    also up there in Haverstraw as well.

14                 So it's great to really all 

15    celebrate the Dominican community.  We're going 

16    to have a flag -- I think a Dominican 

17    flag-raising ceremony in Haverstraw on Thursday 

18    that I'll be back to as well.  

19                 So congratulations and thank you for 

20    bringing this resolution forward as always.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Weber.

23                 Senator Hoylman-Sigal on the 

24    resolution.  

25                 SENATOR HOYLMAN-SIGAL:   Thank you, 


                                                               683

 1    Madam President.  

 2                 I want to thank Senator Sepúlveda 

 3    for recognizing these individuals, which I'd like 

 4    to point out is so important because community 

 5    and local news is more important than ever.  

 6                 Because of the consolidation of 

 7    major news outlets across our country, it's 

 8    crucial that New Yorkers, that members of 

 9    different communities are able to access news 

10    that informs them, because they're not getting it 

11    elsewhere.  And we need to support our local and 

12    community news.

13                 So thank you, Senator Sepúlveda.

14                 ACTING PRESIDENT MAYER:   Thank you.

15                 To our guests, distinguished 

16    journalists representing the Dominican Republic 

17    and the community, I welcome you on behalf of the 

18    Senate.  We extend to you the privileges and 

19    courtesies of the house.  

20                 Please rise and be recognized.

21                 (Standing ovation.)

22                 ACTING PRESIDENT MAYER:   The 

23    resolution was previously adopted on 

24    January 22nd.

25                 Senator Gianaris.


                                                               684

 1                 SENATOR GIANARIS:   Madam President, 

 2    Senator Sepúlveda would like to open that 

 3    resolution up for cosponsorship.

 4                 ACTING PRESIDENT MAYER:   The 

 5    resolution is open for cosponsorship.  Should you 

 6    choose not to be a cosponsor on the resolution, 

 7    please notify the desk.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Please take up 

10    the reading of the calendar.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 94, 

14    Senate Print 820, by Senator Hinchey, an act to 

15    amend the Real Property Law.

16                 ACTING PRESIDENT MAYER:   Read the 

17    last section.

18                 THE SECRETARY:   Section 28.  This 

19    act shall take effect immediately.

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:   In relation to 


                                                               685

 1    Calendar 94, those Senators voting in the 

 2    negative are Senators Borrello, 

 3    Canzoneri-Fitzpatrick, Chan, Cooney, Gallivan, 

 4    Griffo, Helming, Lanza, Martinez, Mattera, 

 5    Oberacker, O'Mara, Ortt, Rhoads, Skoufis, Stec, 

 6    Tedisco, Walczyk and Weik.

 7                 Ayes, 41.  Nays, 19.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    119, Senate Print 1610, by Senator Harckham, an 

12    act to amend the Environmental Conservation Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 119, voting in the negative:  

25    Senator Walczyk.


                                                               686

 1                 Ayes, 59.  Nays, 1.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 Can we have a little order.

 5                 Thank you.

 6                 THE SECRETARY:   Calendar Number 

 7    123, Senate Print 29, by Senator Harckham, an act 

 8    to amend the Public Health 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:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    124, Senate Print 195, by Senator Martinez, an 

24    act to amend the Public Health Law.

25                 SENATOR LANZA:   Lay it aside.


                                                               687

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is laid aside.

 3                 THE SECRETARY:   Calendar Number 

 4    197, Senate Print 2324, by Senator Comrie, an act 

 5    to amend the Public Authorities Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 4.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    223, Senate Print 378, by Senator Brouk, an act 

21    to amend the Education Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

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


                                                               688

 1    shall have become a law.

 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:   Ayes, 60.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    226, Senate Print 3029, by Senator Stavisky, an 

12    act to amend the Education Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 4.  This 

16    act shall take effect two years after it shall 

17    have become a law.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               689

 1                 THE SECRETARY:   Calendar Number 

 2    233, Senate Print 661, by Senator Gianaris, an 

 3    act to amend the Insurance Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect on the first of January.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    236, Senate Print 52, by Senator Liu, an act to 

18    amend the Tax Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               690

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 236, voting in the negative:  

 6    Senator Walczyk.  

 7                 Ayes, 59.  Nays, 1.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    266, Senate Print Number 2069, by 

12    Senator Scarcella-Spanton, an act to amend the 

13    Executive Law.

14                 SENATOR LANZA:   Lay it aside.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is laid aside.

17                 THE SECRETARY:   Calendar Number 

18    277, Senate Print 1057, by Senator Serrano, an 

19    act to amend the Parks, Recreation and Historic 

20    Preservation Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the first of January.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               691

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 277, voting in the negative are 

 7    Senators Helming and Walczyk.

 8                 Ayes, 58.  Nays, 2.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    283, Senate Print 1991, by Senator Sanders, an 

13    act to amend the Banking Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.  

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               692

 1                 THE SECRETARY:   Calendar Number 

 2    284, Senate Print 2027, by Senator Sanders, an 

 3    act to amend the Banking Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 60.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    288, Senate Print 417, by Senator Gianaris, an 

18    act to amend the Election Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT MAYER:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               693

 1                 ACTING PRESIDENT MAYER:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 288, voting in the negative:  

 5    Senator Ortt.  Also Senator Gallivan.

 6                 Ayes, 58.  Nays, 2.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    301, Senate Print 1186, by Senator Addabbo, an 

11    act to amend the Highway Law.

12                 SENATOR LANZA:   Lay it aside.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is laid aside.

15                 Senator Gianaris, that completes the 

16    reading of today's calendar.

17                 SENATOR GIANARIS:   Let's move to 

18    the controversial calendar, please.

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will ring the bell.

21                 The Secretary will read.

22                 THE SECRETARY:   Calendar Number 

23    124, Senate Print 195, by Senator Martinez, an 

24    act to amend the Public Health Law.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               694

 1    Lanza, why do you rise?

 2                 SENATOR LANZA:   Madam President, I 

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

 4    waive the reading of that amendment and ask that 

 5    you recognize Senator Helming.

 6                 ACTING PRESIDENT MAYER:   Thank you, 

 7    Senator Lanza.  

 8                 Upon review of the amendment, in 

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

10    nongermane and out of order.  

11                 SENATOR LANZA:   Accordingly, 

12    Madam President, I appeal the ruling of the chair 

13    and ask that Senator Helming be heard on that 

14    appeal.  

15                 ACTING PRESIDENT MAYER:   The appeal 

16    has been made and recognized, and Senator Helming 

17    may be heard.

18                 SENATOR HELMING:   Thank you, 

19    Madam President.  

20                 I rise to appeal the ruling of the 

21    chair.  The proposed amendment that I have before 

22    this body is germane to the bill at hand.  Both 

23    bills relate to preventing the spread of certain 

24    contraband.  The bill at hand addresses the 

25    spread of contraband among youth and within our 


                                                               695

 1    schools, while the amendment I put forward will 

 2    prevent the spread of dangerous contraband among 

 3    incarcerated individuals, our corrections 

 4    officers, civilians, and even visitors to our 

 5    state correctional facilities.  

 6                 And I want to point out something 

 7    that is really important to me, and that's that 

 8    those visitors to our correctional facilities 

 9    include young children.  So I do think that the 

10    bill is germane.  

11                 As corrections officers continue to 

12    protest in response to the unsafe conditions 

13    within our correctional facilities, it's beyond 

14    time for us to address the ongoing threat that 

15    prison contraband poses to everyone.

16                 We continue to read, report after 

17    report, about the hospitalizations due to the 

18    exposure of dangerous substances and weapons that 

19    are being introduced and spread throughout our 

20    state-run correctional facilities.

21                 To me, these reports make it quite 

22    clear that DOCCS and the state leaders have 

23    failed to provide the tools necessary to keep 

24    dangerous contraband out of state correctional 

25    facilities.


                                                               696

 1                 But today, with the amendment that 

 2    I've put forward, this body has an opportunity to 

 3    make a difference by making the changes needed to 

 4    ensure the safety of everyone, everyone within 

 5    our state correctional facilities.  

 6                 This amendment will help eliminate 

 7    dangerous contraband by requiring the use of 

 8    narcotics -- by requiring the use of narcotics 

 9    detecting canine patrols outside of every prison, 

10    establishing a secure vendor mail program, and 

11    allowing DOCCS facilities to deny entry to any 

12    person who refuses to pass through a body 

13    scanner.  

14                 And, Madam President, what is very 

15    appalling to me is that these body scanners are 

16    already present and available for use in many of 

17    our facilities.  When I tell people that these 

18    body scanners are currently optional, they cannot 

19    believe that that's true.

20                 New York State continues to face 

21    unprecedented challenges within the walls of our 

22    prisons because of deplorable conditions and 

23    horrible policies like the HALT Act.  We again 

24    have an opportunity today to begin to resolve the 

25    current crisis by coming together and 


                                                               697

 1    implementing commonsense policy like the 

 2    contraband screening amendment before this body.  

 3                 But we need to act now, before it's 

 4    too late.  Everyone is depending on us, whether 

 5    it's the incarcerated individuals, the civilians 

 6    who visit or work there, and our corrections 

 7    officers.

 8                 For these reasons and many more, 

 9    Madam President, I ask you to please reconsider 

10    your decision.

11                 ACTING PRESIDENT MAYER:   Thank you, 

12    Senator.  

13                 I want to remind the house that the 

14    vote is on the procedures of the house and the 

15    ruling of the chair.  

16                 Those in favor of overruling the 

17    chair, signify by saying aye.

18                 (Response of "Aye.")

19                 SENATOR LANZA:   Request a show of 

20    hands.

21                 ACTING PRESIDENT MAYER:   A show of 

22    hands has been requested and so ordered.  

23                 Announce the results.

24                 THE SECRETARY:   Ayes, 22.

25                 ACTING PRESIDENT MAYER:   The ruling 


                                                               698

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

 2    before the house.

 3                 Read the last section.

 4                 No, excuse me one minute.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Madam President, 

 7    we've agreed to restore this bill to the 

 8    noncontroversial calendar.  

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is restored to the noncontroversial calendar.  

11                 Read the last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

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, 60.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    266, Senate Print Number 2069, by 

24    Senator Scarcella-Spanton, an act to amend the 

25    Executive Law.


                                                               699

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Lanza, why do you rise?  

 3                 SENATOR LANZA:   Madam President, I 

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

 5    waive the reading of that amendment and ask that 

 6    you recognize Senator Stec.

 7                 ACTING PRESIDENT MAYER:   Thank you, 

 8    Senator Lanza.

 9                 Upon review of the amendment, in 

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

11    nongermane and out of order at this time.

12                 SENATOR LANZA:   Accordingly, 

13    Madam President, I appeal the ruling of the chair 

14    and ask that Senator Stec be heard on the appeal.

15                 ACTING PRESIDENT MAYER:   The appeal 

16    has been made and recognized, and Senator Stec 

17    may be heard.

18                 SENATOR STEC:   Thank you, 

19    Madam President.  

20                 I rise to appeal the ruling of the 

21    chair.  The proposed amendment is germane to the 

22    bill at hand, which relates to disaster 

23    preparedness.  And HALT has eroded conditions 

24    within our prisons, preventing DOCCS from 

25    adequately preparing for and responding to 


                                                               700

 1    disasters within prisons, including the current 

 2    disaster we're witnessing which has led us to 

 3    these strikes.  

 4                 Since the HALT Act went into effect 

 5    in March 2022, correction officers of the state 

 6    have been facing the horrors created by this law 

 7    every day.  In the two years since it took 

 8    effect, state prisons have seen a 32 percent 

 9    increase in assaults on staff, from 1,473 to 

10    1,938.  

11                 Inmate-on-inmate assault has 

12    increased a whopping 81 percent, from 1,489 to 

13    2,697.  This is the direct result of the HALT 

14    Act, which has deprived corrections officers of 

15    the essential tool they need to keep correctional 

16    facilities safe:  The ability to remove and 

17    segregate those violent inmates who assault 

18    others, including their fellow inmates.  

19                 Prior to HALT, violent and 

20    disruptive inmates could be segregated for a 

21    period of time deemed appropriate.  Under HALT, 

22    an inmate can't spend more than three consecutive 

23    days in segregate confinement, and longer than 

24    six total within a 30-day period.  Only in 

25    extreme cases can those time frames be expanded 


                                                               701

 1    up to 15 consecutive days, or 20 total days in a 

 2    60 day period.  

 3                 This has led to a severe staffing 

 4    crisis within our prisons.  Corrections officers 

 5    are leaving at alarming rates because of the 

 6    deplorable and unsafe conditions within prisons.  

 7                 COs are an important part of our law 

 8    enforcement community.  They risk their lives to 

 9    keep inmates safe, keep prisons orderly, and 

10    protect the surrounding communities from the 

11    danger that lies within prisons.

12                 But we can't keep or recruit 

13    corrections officers because of the disastrous 

14    policies enacted by this Majority.  

15                 The instability and danger has led 

16    us to where we are now:  COs at nearly every 

17    correctional facility in the state have gone on 

18    strike, finally standing up to oppose the 

19    inhumane conditions they have been forced to 

20    endure because of the HALT Act.  And all they're 

21    asking for is the ability to work in a safe 

22    environment where inmates know they can face 

23    consequences for their actions and can be 

24    separated when they pose a risk to the facility.

25                 In recent days, I've -- as many of 


                                                               702

 1    us have, I've had the opportunity -- and I've 

 2    taken it -- to visit our corrections facilities.  

 3    And we all recall that HALT, 21 years or younger, 

 4    55 years or older, are not eligible.  So older 

 5    inmates are using younger inmates, who are not 

 6    subject to HALT, to commit their assaults that 

 7    they want committed on behalf of them, so no one 

 8    faces any repercussions.  

 9                 Inmates, including Honor Block 

10    inmates, have told me personally over the years 

11    that they've felt safer before HALT -- let me 

12    repeat that.  I've had inmates, including Honor 

13    Block inmates, tell me that they felt safe prior 

14    to HALT, that special housing and RRU have more 

15    freedoms, more time out of the cell, more time 

16    with the tablet -- and insert here "phone," 

17    because that's what the tablet is -- than the 

18    general population or people on Honor Block.  

19                 HALT has incentivized bad, violent, 

20    disruptive, dangerous behavior in our prisons.  

21    Not just to staff -- some might be more concerned 

22    for staff -- but also for inmates -- some might 

23    be more concerned for the inmates.  

24                 I have seven remaining facilities in 

25    my Senate district, more than anybody else.  I've 


                                                               703

 1    seen video of these assaults, I've talked to the 

 2    COs with the injuries -- broken eye sockets, 

 3    broken bones, lacerations.  There are no 

 4    consequences for these attacks.  There is no 

 5    deterrent.

 6                 Inmates have stated that they've 

 7    decided to punch, quote, the first staff member 

 8    they encountered, just to get back into SHU, to 

 9    have more time with the tablet, more time having 

10    people serve them and bring them stuff, more time 

11    out of their cell than people in the general 

12    population.

13                 It's no wonder that our recruitment 

14    and retention have plummeted, and that has 

15    resulted in mandatory overtime, routinely forced 

16    24- or 36-hour shifts.  Dangerous.  We monitor 

17    how long a truck driver can drive on the road 

18    before they have to have rest.  You're asking -- 

19    you are requiring, your State Department of 

20    Corrections and Supervision is requiring our 

21    state employees to work well past 24 hours 

22    routinely.  

23                 Some of these guys make triple their 

24    salary in overtime.  Think about the math there, 

25    how much time they have to work in order to earn 


                                                               704

 1    that kind of salary.

 2                 New York State, as a $250 billion 

 3    corporation and employer, has a duty to provide a 

 4    safe work environment for all of our employees.  

 5    Where is the Department of Labor?  They'd be all 

 6    over any other employer for forcing employees to 

 7    work 24-hour shifts routinely.  

 8                 This strike has not been about 

 9    asking for more money.  It's about having a work 

10    environment free of having feces thrown at you -- 

11    how many of you would tolerate that in your work 

12    environment?  What would DOL say if any other 

13    employer had that kind of work conditions?  

14                 They want to be able to work where 

15    they're not routinely assaulted at work.  We have 

16    special protections that we voted for, for retail 

17    workers and for transit workers.  But where are 

18    the basic protections from assault for our 

19    workers that are in our correctional facilities?

20                 This strike has been about not being 

21    forced to work 24 to 36 hours straight routinely 

22    without notice, which is unsafe and unfair to 

23    them and their families.  

24                 And it's also about their exposure 

25    to chemicals, the drugs and poisons.  These 


                                                               705

 1    aren't just drugs that are being smuggled in as 

 2    contraband.  This is rat poison put in with wasp 

 3    killer and you name it.  They don't have tests 

 4    for this stuff yet.

 5                 And in my district just a couple of 

 6    weeks ago, Madam President, 25 staff members -- 

 7    not just NYSCOPBA members, nurses, civilian 

 8    staff -- 25 in one night at Upstate Correctional 

 9    had to be taken to the emergency room because 

10    they were exposed to something.  DOCCS never 

11    figured out what it was.  Some people actually 

12    had the audacity to suggest that it was all in 

13    their heads because somehow people that work in a 

14    prison were stressed out by seeing somebody 

15    overdose.  Overdoses are a routine occurrence in 

16    our prisons.  As a matter of fact, just the other 

17    day, last week when I was at Adirondack 

18    Correctional talking to the folks outside there, 

19    two inmates left the facility because an inmate 

20    had been exposed to something and a nurse had 

21    been exposed to something.

22                 There's a major contraband crisis in 

23    our facilities.  As has been mentioned 

24    previously, we bought $13 million worth of 

25    personal body scanners, the same ones that you 


                                                               706

 1    would use in the TSA.  If you want to get on a 

 2    plane in the United States of America, a 

 3    commercial jet, you're going to get on -- in that 

 4    body scanner or you're not getting on that plane, 

 5    period.  

 6                 But, however, we already bought 

 7    these in the 2023 budget, but we made them 

 8    optional for visitors and we made them optional 

 9    for inmates.  And we have contact visitation, 

10    where they're sharing food bags and touching each 

11    other, and that's where a lot of this contraband 

12    is being passed.  And they're exposing each other 

13    and our staff to God knows what poisons.  Body 

14    scanners should be mandatory.  

15                 Likewise, our secure vendor program 

16    is an absolute joke in this state.  Anyone with 

17    an Amazon box can ship something in, posing as 

18    Amazon, and any unscrupulous person that wants to 

19    create an LLC in order to ship drugs into our 

20    facilities, they can do it as a third-party 

21    vendor through Amazon or Walmart.  

22                 It's a joke.  We don't have to 

23    reinvent the wheel.  We have the tools to do 

24    this.  If we're serious about our inmates' safety 

25    and we're serious about our staffs' safety, then 


                                                               707

 1    we're going to fix the contraband problem, we're 

 2    going to fix the body scanner problem, we're 

 3    going to fix the secure vendor problem.  But most 

 4    importantly, we are going to repeal HALT.  

 5                 Since its implementation, HALT has 

 6    been a disaster for both staff and for our 

 7    inmates.  And, Madam President, for these reasons 

 8    I strongly urge you to -- for the love of God -- 

 9    reconsider your ruling and repeal HALT.  

10                 ACTING PRESIDENT MAYER:   Thank you, 

11    Senator.

12                 I want to remind the house the vote 

13    is on the procedures of the house and the ruling 

14    of the chair.  

15                 Those in favor of overruling the 

16    chair, signify by saying aye.

17                 (Response of "Aye.")

18                 SENATOR LANZA:   Show of hands.

19                 ACTING PRESIDENT MAYER:   A show of 

20    hands has been requested and so ordered.

21                 Announce the results.

22                 THE SECRETARY:   Ayes, 22.

23                 ACTING PRESIDENT MAYER:   The ruling 

24    of the chair stands, and the bill-in-chief is 

25    before the house.


                                                               708

 1                 SENATOR GIANARIS:   Madam President, 

 2    we've also agreed to restore this bill to the 

 3    noncontroversial calendar.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    has been restored to the noncontroversial 

 6    calendar.  

 7                 Read the last section.

 8                 THE SECRETARY:   Section 2.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 60.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    301, Senate Print 1186, by Senator Addabbo, an 

21    act to amend the Highway Law.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Lanza, why do you rise?

24                 SENATOR LANZA:   Madam President, I 

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


                                                               709

 1    waive the reading of that amendment and ask that 

 2    you recognize Senator Martins.

 3                 ACTING PRESIDENT MAYER:   Thank you, 

 4    Senator Lanza.  

 5                 Upon review of the amendment, in 

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

 7    nongermane and out of order at this time.

 8                 SENATOR LANZA:   Accordingly, 

 9    Madam President, I appeal the ruling of the chair 

10    and ask that you recognize Senator Martins on the 

11    appeal.

12                 ACTING PRESIDENT MAYER:   The appeal 

13    has been made and recognized, and Senator Martins 

14    may be heard.  

15                 SENATOR MARTINS:   Thank you, 

16    Madam President.

17                 I am hopeful the third time is a 

18    charm this afternoon.  But hope springs eternal.  

19                 Madam President, I rise to appeal 

20    the ruling of the chair.  The proposed amendment 

21    is germane, as the bill at hand deals with 

22    construction, congestion and safety on the City 

23    of New York streets, and the amendment I have 

24    brought today also deals with a program that 

25    claims to remedy vehicle safety and traffic 


                                                               710

 1    safety in New York City -- specifically, 

 2    Madam President, in Manhattan south 

 3    of 60th Street.

 4                 I think we've all seen the impact 

 5    that congestion pricing has had on our local 

 6    communities.  Those of us who live in the 

 7    suburbs, whether it's in Nassau or 

 8    Suffolk County, or those of us who live in the 

 9    suburbs, Madam President, north of New York City 

10    in Westchester, Orange, Dutchess and 

11    Rockland counties, or those who live in the 

12    outer boroughs -- the Bronx, Brooklyn, Queens, 

13    Staten Island -- we've all heard from our 

14    constituents on the impacts that congestion 

15    pricing has had on our communities.

16                 The congestion pricing plan has been 

17    deemed unlawful by the federal government, 

18    Madam President, and the Governor has refused to 

19    comply and turn off the tolls while so many 

20    New Yorkers bear the financial burden of the MTA.  

21    There are serious reservations by the people of 

22    New York, especially those in the MTA region and 

23    in many of our communities, and we've heard it 

24    all too often on both sides of the aisle.  

25                 In fact, Madam President, there was 


                                                               711

 1    a pause made to this entire program because of 

 2    the outcry that came from the communities.  And 

 3    the reason that that pause was put in place was 

 4    because, yes, people recognized -- and many 

 5    people in this chamber recognized, on the 

 6    record -- how devastating it would be to our 

 7    communities.  And then lo and behold, in late 

 8    November of this last year, after an election in 

 9    early November, the Governor decided to press 

10    "play."  And I did not hear nor did anyone else 

11    hear from anyone in this chamber with regard to 

12    those reservations that had been voiced before.

13                 So here's our opportunity, with the 

14    help of my dear colleague Senator Addabbo and the 

15    bill that he has offered, to allow the 

16    opportunity for us to rectify this mistake and to 

17    send a message to our communities that we're 

18    going to prioritize them.

19                 There is no plan to assist or exempt 

20    first responders, Madam President, and other 

21    essential workers with congestion pricing, 

22    despite their irregular hours and imminent need 

23    in the city.  Small trucks operating in the 

24    congestion zone are charged $14.40 and large 

25    trucks are charged $21.60, with a significant 


                                                               712

 1    impact on our building trades, those who go into 

 2    New York City just to do work.  

 3                 They can't -- we can't expect them 

 4    to go into the city and carry their tools on the 

 5    Long Island Rail Road with them, or the materials 

 6    that they need to actually do their job.  And yet 

 7    we're imposing this tax on them.

 8                 The MTA has not addressed their 

 9    losses or inability to stop fare evasion, 

10    Madam President, to this day.  They recognize 

11    that the MTA loses close to a billion dollars a 

12    year because people simply choose not to pay the 

13    fare on the subway, in our New York City buses.

14                 And as we all know, the projected 

15    revenue from congestion pricing is just under a 

16    billion dollars.  And so if the MTA leadership 

17    took the opportunity to merely enforce the fares 

18    that they have on the books, there is no reason 

19    why people from our communities should be paying 

20    $9 or more because someone has been allowed to 

21    consistently avoid paying their fare.

22                 So, Madam President, the amendment I 

23    have brought today will ensure that congestion 

24    pricing is repealed and will ensure that the MTA 

25    is audited to ensure that the MTA and mass 


                                                               713

 1    transit continues to be sustainable for our 

 2    communities in the downstate region.  

 3                 And we have all recognized that the 

 4    lifeblood of our state runs through mass transit 

 5    and through the MTA.  And for the sake of 

 6    preserving mass transit and the MTA, let's all 

 7    agree.  Let's appeal -- let's repeal congestion 

 8    pricing, and let's ensure that the MTA is audited 

 9    once and for all to recover all of those losses.  

10                 Our residents deserve better, 

11    Madam President, and for those reasons I strongly 

12    urge you to reconsider your ruling.  

13                 ACTING PRESIDENT MAYER:   Thank you, 

14    Senator Martins.  

15                 I want to remind the house the vote 

16    is on the procedures of the house and the ruling 

17    of the chair.  

18                 Those in favor of overruling the 

19    chair, signify by saying aye.

20                 (Response of "Aye.")

21                 SENATOR LANZA:   Show of hands.

22                 ACTING PRESIDENT MAYER:   A show of 

23    hands has been requested and so ordered.

24                 Announce the results.

25                 THE SECRETARY:   Ayes, 22.


                                                               714

 1                 ACTING PRESIDENT MAYER:   The ruling 

 2    of the chair stands, and the bill-in-chief is 

 3    before the house.

 4                 SENATOR GIANARIS:   Madam President, 

 5    we have also agreed to restore this bill to the 

 6    noncontroversial calendar.

 7                 ACTING PRESIDENT MAYER:   This bill 

 8    has been restored to the noncontroversial 

 9    calendar.

10                 Read the 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:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 301, voting in the negative:  

21    Senator Walczyk.  

22                 Ayes, 59.  Nays, 1.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 Senator Gianaris.


                                                               715

 1                 SENATOR GIANARIS:   Madam President, 

 2    please recognize Senator Webb for a special 

 3    introduction.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Webb for an introduction.

 6                 SENATOR WEBB:   Thank you, 

 7    Madam President.  

 8                 I wanted to acknowledge that we will 

 9    be taking up a resolution that is memorializing 

10    Governor Kathy Hochul to proclaim February 24th 

11    as Domestic Violence Awareness and Prevention Day 

12    in the State of New York.

13                 I want to thank our Senate Majority 

14    Leader, Senator Andrea Stewart-Cousins, for her 

15    continued leadership on this important issue.

16                 We know -- and we talk about this in 

17    our chamber and most certainly actively advance 

18    policies around domestic violence.  It is a 

19    crisis that knows no boundaries.  It affects 

20    individuals regardless of race, gender, sexual 

21    orientation, zip code or socioeconomic status.  

22    It is not just a private matter.  It is a public 

23    health issue, an economic issue, and most of all 

24    a human rights issue that impacts families, 

25    communities, and our entire state.


                                                               716

 1                 Every minute 24 people in the 

 2    United States become victims of domestic 

 3    violence, sexual assault, or stalking.  That is 

 4    more than 12 million people every year.  And 

 5    that's our neighbors, our friends, our coworkers 

 6    and our loved ones.

 7                 We also know that domestic violence 

 8    disproportionately impacts Black women, LGBTQ+ 

 9    individuals, Native women, and communities of 

10    color.  Systemic barriers, such as lack of access 

11    to resources and institutional racism, compound 

12    the danger that these survivors face.

13                 Madam President, I want to at this 

14    time acknowledge some distinguished guests that 

15    we have in our chamber.  I am honored that 

16    advocates from the New York State Coalition 

17    Against Domestic Violence have joined us today, 

18    including the director of public policy and 

19    advocacy, Joan Gerhardt.  Also along with Joan is 

20    Connie Neal, Heather Campbell, Shannon Wong, 

21    Lorien Castelle, Jen Clark, Lauren Pence, 

22    Ashley Amidon, Abigail Murat, Esmeralda Pena, 

23    Jess Schafroth and Amanda Cavanaugh.  

24                 We thank all of the advocates and 

25    volunteers at NYSCADV for your tireless efforts 


                                                               717

 1    to provide not only training and technical 

 2    assistance for local domestic violence programs 

 3    across our state, but you also work with our 

 4    communities to change our culture into one that 

 5    doesn't condone violence, that in fact advocates 

 6    for policies to make sure that survivors across 

 7    our state are provided with the support that they 

 8    need to get safe and to heal and to ultimately 

 9    thrive.

10                 And with that, Madam President, I 

11    ask that we welcome these amazing advocates to 

12    our chamber and extend the privileges of our 

13    house.  Thank you.

14                 ACTING PRESIDENT MAYER:   Thank you 

15    very much.

16                 To our guests from the New York 

17    State Coalition Against Domestic Violence, we 

18    welcome you to our chamber.  Thank you for being 

19    present here today.

20                 Please rise and be recognized.

21                 (Standing ovation.)

22                 ACTING PRESIDENT MAYER:   Senator 

23    Gianaris, that completes the reading of today's 

24    calendar.  

25                 SENATOR GIANARIS:   Thank you, 


                                                               718

 1    Madam President.  One final bit of business.  

 2                 On behalf of Majority Leader 

 3    Stewart-Cousins, in consultation with 

 4    Senator Ortt, I hand up the following committee 

 5    assignment of the Minority Conference and ask 

 6    that it be filed in the Journal.

 7                 ACTING PRESIDENT MAYER:   The handup 

 8    is received and shall be filed in the Journal.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Is there any 

11    further business at the desk?

12                 ACTING PRESIDENT MAYER:   There is 

13    no further business at the desk.

14                 SENATOR GIANARIS:   I move to 

15    adjourn until tomorrow, Tuesday, February 25th, 

16    at 3:00 p.m.

17                 ACTING PRESIDENT MAYER:   On motion, 

18    the Senate stands adjourned until tomorrow, 

19    Tuesday, February 25th, at 3:00 p.m.

20                 (Whereupon, at 5:25 p.m., the Senate 

21    adjourned.)

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