Regular Session - May 13, 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 May 13, 2025
11 3:43 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 present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: The
9 Reverend Joy Howard, executive pastor at
10 Sweet Pilgrim Missionary Baptist Church here in
11 Albany, New York, will deliver's invocation.
12 Reverend.
13 REVEREND HOWARD: Most holy and
14 gracious Father. First and foremost, God, we
15 want to thank You for giving us this beautiful
16 day.
17 O God, we thank You for allowing us
18 to gather, O God, in this chamber, O God.
19 Lord God, I thank You for an
20 opportunity, O God, to just put this blessing
21 upon today's session.
22 Lord God, we thank You for the Women
23 of Distinction, O God. We thank You for this
24 space that will allow women to be highlighted,
25 O God, as pillars of strength and love through
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1 their community.
2 Lord God, we thank You for what will
3 take place. We pray right now in the name of
4 Jesus that You'll continue to reign on us with
5 Your peace and Your love and security.
6 And we thank You, O God, for how You
7 allow today's session to be a blessing to all
8 those throughout our state, O God.
9 We thank You for this session. We
10 thank you for the Senators, O God. We thank You
11 for the decisions that are made. We thank You
12 right now that You are in command of all of it,
13 that You have orchestrated this day.
14 It is in Jesus' name I pray, amen.
15 (Response of "Amen.")
16 ACTING PRESIDENT MAYER: Reading of
17 the Journal.
18 THE SECRETARY: In Senate, Monday,
19 May 12, 2025, the Senate met pursuant to
20 adjournment. The Journal of Friday, May 9, 2025,
21 was read and approved. On motion, the Senate
22 adjourned.
23 ACTING PRESIDENT MAYER: Without
24 objection, the Journal stands approved as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 The Secretary will read.
3 THE SECRETARY: Senator Jackson
4 moves to discharge, from the Committee on
5 Civil Service and Pensions, Assembly Bill
6 Number 2123A and substitute it for the identical
7 Senate Bill 1165A, Third Reading Calendar 554.
8 ACTING PRESIDENT MAYER: So
9 ordered.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Liu.
17 SENATOR LIU: I move to adopt the
18 Resolution Calendar, with the exception of
19 Resolution 989.
20 ACTING PRESIDENT MAYER: All those
21 in favor of adopting the Resolution Calendar,
22 with the exception of Resolution 989, please
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT MAYER: Opposed,
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1 nay.
2 (No response.)
3 ACTING PRESIDENT MAYER: The
4 Resolution Calendar is adopted.
5 Senator Liu.
6 SENATOR LIU: Please recognize
7 Senator Fernandez for an introduction.
8 ACTING PRESIDENT MAYER: Senator
9 Fernandez for an introduction.
10 SENATOR FERNANDEZ: Thank you so
11 much, Madam President.
12 I am honored to give this
13 introduction in recognition to some dear friends,
14 advocates and great New Yorkers.
15 Today in Albany, with my colleague
16 in the State Assembly representing the
17 80th Assembly District, we celebrated Yemeni
18 Heritage Day, the first time ever we're doing so
19 in our state's Capitol. And long overdue,
20 because for the last 10 years of my career, of
21 the Bronx's growth, the Yemeni community,
22 including in Brooklyn, has done amazing things
23 for New York City.
24 And today we have guests from the
25 community, from the Bronx. With the Yemeni
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1 American Merchants Association, we have
2 Zaid Nagi. And from the Alliance of Yemeni
3 American Businesses, we have founders Yahay Obeid
4 and Labeb Nasher.
5 So I recognize my individuals today
6 because this is a stepping stone to again showing
7 the growth of New York, the amazing contributions
8 of this community to our state and to our
9 country, and the potential that exists, the
10 examples that have been set forward as to how you
11 can coalesce community, grow businesses, become a
12 new beacon of economic growth in places like the
13 Bronx, home of now Little Yemen.
14 It's on Google Maps, you will find
15 it there. And we're making strides to make sure
16 that it can be a recognized cultural district.
17 But the Yemen community is much like
18 all of ours, with a lifetime of strength and
19 strife and fighting for independence and rights.
20 They have really made their mark in proving to be
21 a community that has endured but that is
22 supportive of one another, that has space
23 struggles but has been able to celebrate great
24 successes.
25 So I am so honored that we have been
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1 able to start a new tradition in Albany, and
2 thank my friends for coming out here today and I
3 hope that we can all welcome them to the floor of
4 the chambers.
5 Thank you.
6 ACTING PRESIDENT MAYER: Thank you,
7 Senator Fernandez.
8 To our guests from the Yemeni
9 American community, we welcome you on behalf of
10 the Senate. We extend to you the privileges and
11 courtesies of the house. We will rise and grant
12 you courtesies.
13 (Standing ovation.)
14 ACTING PRESIDENT MAYER: Senator
15 Liu.
16 SENATOR LIU: Madam President,
17 please take up Resolution 989, by
18 Leader Stewart-Cousins, read the resolution in
19 title only, and recognize Senator Webb.
20 ACTING PRESIDENT MAYER: The
21 Secretary will read.
22 THE SECRETARY: Resolution 989, by
23 Senator Stewart-Cousins, congratulating the
24 2025 New York State Senate Women of Distinction.
25 ACTING PRESIDENT MAYER: Senator
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1 Webb on the resolution.
2 SENATOR WEBB: Thank you,
3 Madam President.
4 I rise proudly today, as the chair
5 of Women's Issues in the Senate, with the
6 distinct honor of recognizing the incredible and
7 remarkable women being celebrated as our
8 2025 New York State Senate Women of Distinction.
9 Each year this program reminds us of
10 the extraordinary women whose leadership, service
11 and accomplishments have not only elevated our
12 communities but have enriched the fabric of life
13 across our great state.
14 Since its creation in 1998, the
15 Women of Distinction program has stood as a
16 beacon shining a light on women whose work may
17 too often, quite frankly, go unrecognized. But
18 they do the work because they genuinely care
19 about our communities. And their impact is
20 deeply felt by all who have had the privilege to
21 know them.
22 Our honorees come from every region
23 of our great state, every profession, every walk
24 of life. And they bring with them diverse
25 stories of dedication, compassion and excellence.
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1 They are educators, advocates, entrepreneurs,
2 caregivers, artists and public servants, and so
3 many more titles often that are unpaid, but most
4 certainly are impactful.
5 Some are quiet forces for change;
6 others are bold trailblazers. But all of them
7 share one essential truth: They have and
8 continue to make a difference. And they lift up
9 others, and they have lifted all of us up.
10 At a time when our state and our
11 nation continue to reckon with issues of equity
12 and inclusion, and even grappling with even using
13 the term "women" and writing women out of our
14 history books, these women show us what
15 resilience, compassion and true leadership looks
16 like in human form.
17 They have broken barriers, redefined
18 what's possible, and created new pathways so that
19 all may thrive.
20 What distinguishes this year's
21 Women of Distinction cohort is not only their
22 individual accomplishments, but their unwavering
23 commitment to the common good. Whether by
24 leading grassroots organizations or mentoring the
25 next generation or advocating for those who are
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1 often rendered voiceless, they remind us that
2 leadership is not about titles, but in fact it is
3 about impact.
4 So today let us not only celebrate
5 these women, let us learn from them. Let us
6 carry their stories and their lessons into the
7 work that we do right here in this chamber. And
8 let us ensure that their examples continue to
9 inspire future generations of women and girls
10 across the Empire State.
11 I proudly vote aye.
12 And also now, Madam President, it is
13 my privilege and honor, personal honor, to
14 recognize an extraordinary woman from my
15 district, Ms. Denise Castalia Dendtler Lee, also
16 known as Ms. Lee, as the 2025 Woman of
17 Distinction from Senate District 52.
18 She is a proud graduate of
19 Cornell University, Class of 1973, where she
20 earned a bachelor's of science in child
21 development and family studies. And her journey
22 didn't stop there. She went on and continued her
23 education, earning several other master's
24 degrees.
25 And her learning was not confined to
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1 a classroom, nor her teaching. For nearly
2 50 years, Ms. Lee has poured her heart and soul
3 into the children of the Ithaca City School
4 District, where she began her career at Central
5 Elementary School, now Beverly J. Martin
6 Elementary School, and has served in numerous
7 capacities across the district.
8 Her presence in the classroom has
9 been one of excellence, stability, compassion and
10 a beacon for a generation of students. She has
11 earned countless honors, including the New York
12 State African Studies Association Educator's
13 Award, the Africana Studies Center Cornell
14 University Recognition Award, the Tompkins County
15 Human Rights Commission Honor, and most recently
16 her image was entered into a mural at Beverly J.
17 Martin Elementary School, a permanent and
18 well-deserved tribute to her legacy.
19 Ms. Lee is also a proud member, like
20 myself, of Delta Sigma Theta Sorority, Inc., and
21 the Eastern Stars of New York, an organization --
22 both organizations are rooted in service,
23 leadership and sisterhood.
24 Lastly, Madam President, Ms. Lee
25 lives by the principles of "each one teach one"
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1 and "reach back and pull someone up." And she is
2 the very embodiment of those ideals. Her life
3 and work remind us that when one person commits
4 themselves to fully servicing others, they can
5 transform the community.
6 Please join me in applauding Ms. Lee
7 and all of our 2025 Women of Distinction honorees
8 for their lifelong commitment and continued
9 efforts to make our state better. They are all
10 shining examples of what it means to lead with
11 love, strength, and purpose.
12 Thank you, Madam President.
13 (Applause.)
14 ACTING PRESIDENT MAYER: Thank you
15 so much, Senator Webb.
16 Senator Helming on the resolution.
17 SENATOR HELMING: Thank you,
18 Madam President.
19 As I have the honor of standing up
20 today to celebrate Women of Distinction from
21 across our state, I can't help but think that all
22 of us are here because at some point in our
23 history a brave woman stood up.
24 I've talked often about Susan B.
25 Anthony, who stood up for the women's voting
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1 rights. Her trial and her subsequent conviction
2 of voting illegally as a woman took place in the
3 Ontario County Courthouse within my district.
4 Also in my district,
5 Elizabeth Blackwell was the first woman in
6 America to receive a medical degree. It was at
7 Geneva Medical College, the precursor to
8 Hobart and William Smith Colleges, where there is
9 now a beautiful bronze statue of Dr. Blackwell.
10 When I was reading about
11 Dr. Blackwell, some of the historians had written
12 that Elizabeth Blackwell's acceptance letter was
13 intended as a joke. But guess who had the last
14 laugh? Dr. Blackwell. She became a pioneer in
15 preventive medicine and forged the path for women
16 in medicine.
17 Also in my district, a little bit
18 down the road from the Ontario County Courthouse,
19 in Dansville, Livingston County, Clara Barton
20 founded the American Red Cross. During the
21 Civil War, Clara was one of the first volunteers
22 to care for wounded soldiers. She earned the
23 nickname "Angel of the Battlefield" for risking
24 her life to deliver supplies and support to
25 soldiers on the field.
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1 My honoree this year is Karen Dewar,
2 and she named Clara Barton one of her
3 inspirations. Karen is the director of emergency
4 medical services for Livingston County. She said
5 her longtime career as both an RN and an EMT was
6 also inspired by her mother, who was one of the
7 first female EMTs in the Geneseo Fire Department.
8 As I mention these firsts, I think
9 we should all recognize that we don't have to
10 look into the history books for examples of women
11 breaking ground or shattering those glass
12 ceilings. Sometimes we just need to look right
13 around us.
14 At a press conference I held last
15 Friday, I stood with two women who recently made
16 history in my district: Christine Callanan, the
17 first woman elected district attorney in
18 Wayne County, and Ashley Williams, the first
19 woman elected district attorney in
20 Livingston County.
21 And as cool as it is to make
22 history, these women, past and present, I've
23 mentioned today, they didn't seek to make
24 history. They sought to make a difference. And
25 I think the same is true for this year's Women of
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1 Distinction.
2 We celebrate them and we celebrate
3 all women making a difference in our communities,
4 inspiring all of us and the next generation of
5 female leaders in our state. Excelsior -- ever
6 upward! New York's motto and the spirit that's
7 embodied by each of this year's honorees.
8 So in closing, Madam President, we
9 are all here -- women especially, but men too --
10 because throughout our history, and indeed every
11 single day, women are standing up. And guess
12 what? We have no plans to sit down.
13 (Laughter.)
14 SENATOR HELMING: Yup. On behalf
15 of our Republican Conference, thank you, and
16 congratulations to all of our Women of
17 Distinction honorees.
18 Madam President, I proudly support
19 this resolution.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator Helming.
22 To our guests, the many Women of
23 Distinction honored by the Senate this year, we
24 welcome you on behalf of the Senate. We extend
25 to you the privileges and courtesies of the
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1 house.
2 Please rise and be recognized.
3 (Extended standing ovation.)
4 ACTING PRESIDENT MAYER: The
5 question is on the resolution. All those in
6 favor please signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT MAYER: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT MAYER: The
12 resolution is adopted.
13 Senator Liu.
14 SENATOR LIU: Madam President, a
15 special guest has joined us today: Former
16 Senator Betty Little.
17 Please welcome Senator Little back
18 to the chamber.
19 ACTING PRESIDENT MAYER: Senator
20 Little, please rise and be recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Little. A wonderful colleague. We're so
24 pleased to have you back. Thank you for joining
25 us today.
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1 Senator Liu.
2 SENATOR LIU: Madam President,
3 please call on Senator May for an introduction.
4 ACTING PRESIDENT MAYER: Senator
5 May for an introduction.
6 SENATOR MAY: Thank you,
7 Madam President.
8 About 25 years ago I started having
9 a bunch of worrisome symptoms, including
10 headaches and joint aches and trouble sleeping
11 and occasionally fuzziness in my head. And
12 doctors had no idea what to make of it. But
13 eventually the diagnosis coalesced into a single
14 diagnosis called fibromyalgia.
15 Many people suffer from
16 fibromyalgia. I'm fortunate that mine seems to
17 be in remission. But a lot of people experience
18 fibromyalgia as a chronic illness.
19 Because most people who suffer from
20 fibromyalgia are women of a certain age, for a
21 very long time doctors would tell us it was all
22 in our minds, they would dismiss these symptoms.
23 But that is no longer true because
24 of the work of organizations like the
25 Fibromyalgia Task Force of New York State. They
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1 have been working for years to raise awareness
2 about fibromyalgia and to promote treatments and
3 cures for it, including working toward the vision
4 of creating a Center of Excellence for
5 Fibromyalgia here in the Capital District.
6 We are joined by six people from the
7 Fibromyalgia Task Force. Because we're so rich
8 in guests right now, they are not in the chamber,
9 they're out in the lobby. But I want to
10 introduce them in any case.
11 Dr. Sue Shipe, Mr. Brian Hart,
12 Ms. Erica Shipe, Ms. Lisa Nelson, Ms. Minda
13 Conroe, and Ms. Julia Valentine. And I hope that
14 we can at least acknowledge the important work
15 that they do.
16 Thank you.
17 ACTING PRESIDENT COONEY: Thank
18 you, Senator May.
19 So that they can hear us out in the
20 lobby, we'll give them a roaring round of
21 applause.
22 (Standing ovation.)
23 ACTING PRESIDENT COONEY: Senator
24 Liu.
25 SENATOR LIU: Mr. President, please
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1 recognize Senator Webb for an introduction.
2 ACTING PRESIDENT MAYER: Senator
3 Webb for an introduction.
4 SENATOR WEBB: Thank you,
5 Mr. President.
6 I rise proudly again. And if folks
7 are wondering why there's a lot of red in the
8 chamber today, it is because today is Delta Day
9 here in the Capitol. And I'm so elated because
10 my sorority, Delta Sigma Theta Sorority, Inc., is
11 here advocating and continuing the great work
12 that we do as an organization internationally and
13 nationally.
14 And so a little bit about Delta and
15 my special guests that are here today. For those
16 who may not be familiar with our great sorority,
17 founded in 1913 by 22 visionary women on the
18 campus of Howard University, Delta Sigma Theta
19 Sorority, Inc., has committed itself to promoting
20 academic excellence, providing scholarships,
21 supporting the underserved, and actively
22 participating in the establishment of positive
23 public policy.
24 Their relentless dedication to
25 educating and promoting participation in our
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1 democracy and addressing community issues through
2 thoughtful solutions has been instrumental and
3 continues to be instrumental in fostering social
4 change.
5 The annual Delta Days, which was
6 established by the National Social Action
7 Commission in 1989, symbolizes the sorority's
8 proactive engagement in the national public
9 policymaking process. It is a time when members
10 from across this great state of ours and our
11 State Capitol gather to underscore the
12 significance of collective action and civic
13 engagement in advancing the well-being of our
14 communities.
15 With over 350,000 members worldwide,
16 Delta Sigma Theta Sorority, Inc., implements its
17 mission through a five-point programmatic thrust
18 addressing economic development, educational
19 development, international awareness and
20 involvement, physical and mental health, and
21 political awareness and involvement.
22 The impact of these initiatives is a
23 testament to the power of unity and dedication in
24 creating sustainable change.
25 The legacy of this great
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1 organization is also marked by distinguished
2 leaders like Dorothy Height, who was a beacon of
3 civil rights and whose leadership and advocacy
4 has paved the way for future generations.
5 As a member of the Delta Sigma Theta
6 Sorority, Inc., I am continually inspired by the
7 examples of these dynamic women and countless
8 members, including New Yorkers like the late
9 United States representative and former New York
10 State Assemblymember Shirley Chisholm, who have
11 used their voices and platforms to advocate for
12 justice and equality.
13 In recognizing this important day at
14 the Capitol, it is not only a recognition of the
15 sorority's past and present achievements, but
16 also a commitment to future endeavors. It
17 reaffirms our dedication to the principles of
18 service, leadership and advocacy that Delta Sigma
19 Theta Sorority, Inc., embodies.
20 And so in acknowledging my special
21 guests today and the vital role that they play,
22 it is my hope that we will continue to work
23 together to foster community well-being, advocate
24 for social justice, and empower individuals to
25 lead and to serve.
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1 And I am profoundly grateful to our
2 Senate Majority Leader for her continued support.
3 I thank my colleagues for your
4 support of this great organization.
5 Mr. President, please extend the
6 privileges of the floor to my distinguished
7 guests, the sisters of Delta Sigma Theta
8 Sorority, Inc.
9 Thank you.
10 ACTING PRESIDENT COONEY: Thank
11 you, Senator Webb.
12 To the Deltas, I welcome you on
13 behalf of our Senate. We extend to you the
14 privileges and courtesies of this house.
15 Please rise and be recognized.
16 (Standing ovation.)
17 ACTING PRESIDENT COONEY: Senator
18 Liu.
19 SENATOR LIU: Mr. President, please
20 take up previously adopted Resolution 523, by
21 Senator Fernandez, read the resolution's title
22 only, and recognize Senator Fernandez.
23 ACTING PRESIDENT COONEY: The
24 Secretary will read.
25 THE SECRETARY: Resolution 523, by
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1 Senator Fernandez, memorializing Governor Kathy
2 Hochul to proclaim May 12-18, 2025, as Prevention
3 Week in the State of New York.
4 ACTING PRESIDENT COONEY: Senator
5 Fernandez on the resolution.
6 SENATOR FERNANDEZ: Thank you so
7 much, Mr. President.
8 Yesterday we passed a bill to make
9 May 9th Opioid Awareness Day. And this week I'm
10 so proud that we could pass a resolution to
11 recognize Prevention Week.
12 As we know, there is a crisis in
13 New York with substance use and with overdoses,
14 and ultimately too many deaths. And to have this
15 week is so important because it really stabilizes
16 the work that we do. It keeps us aware of what
17 it is the issue and what we can do, and the many
18 ways that we can do something to prevent abusive
19 drug use and to prevent deaths, ultimately.
20 Today I was so fortunate to have
21 a -- I hosted students from all over the state,
22 from everybody's district. And these students
23 are doing just that. They're coming up here,
24 they're speaking on behalf of their loved ones,
25 of people they don't know, but speaking on the
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1 crisis -- that is, about how we can prevent
2 deaths and overdose.
3 And it was inspiring to hear from my
4 colleagues -- thank you for those that came to
5 visit the students -- but more so inspiring from
6 students that see it themselves, what is
7 happening and what we can do and how brave we
8 need to be to speak on this topic.
9 We spoke of many different moments
10 in history. I was mentioning how hard it must
11 have been for the first conversation to say let's
12 give clean needles to people that are using so
13 they don't get diseases and they don't die. I'm
14 sure that's still controversial to many people.
15 But it was an act of bravery and courage at that
16 moment, to speak up to say that this is a tool
17 that will keep people alive and it will prevent
18 diseases from spreading.
19 It was another enlightening moment
20 to talk about ideas of what more we can to
21 prevent deaths and to prevent abuse.
22 And I am just so enthralled that we
23 have young people that see it now, that are
24 willing to come up here to speak to us and to be
25 agents of change. And all of us can be agents of
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1 change, whether you are in the fight, doing the
2 research and advocating on the cause, or you're
3 there for somebody that is struggling after
4 losing someone, or you're there to hear someone
5 in their time of despair.
6 There are so many ways that we can
7 prevent the worst. And we must take every way,
8 whether it's putting out curriculum to have
9 education be a part of prevention, letting our
10 young people know what is out there, what are the
11 risks, and having systems in place to reduce
12 harm, to reduce deaths, to stop deaths. It's all
13 so important.
14 And so I'm so grateful that we are
15 able to do this in its actual, you know, week --
16 sometimes resolutions don't fall on the day that
17 we do it -- but more grateful for the students
18 that came up here.
19 And please all say hello to them
20 because they are fires of change, agents of what
21 we can do. And I'm grateful for their support
22 and yours on this resolution to continue to
23 change the future and to fight the crisis, fight
24 overdoses, and prevent every single death.
25 Thank you.
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1 ACTING PRESIDENT COONEY: Thank
2 you, Senator Fernandez.
3 To our guests, I welcome you on
4 behalf of the Senate. We extend to you the
5 privileges and courtesies of this house.
6 Please rise and be recognized.
7 (Standing ovation.)
8 ACTING PRESIDENT COONEY: The
9 resolution was adopted on March 25th.
10 Senator Liu.
11 SENATOR LIU: Mr. President, please
12 take up previously adopted Resolution 142, by
13 Senator Gallivan, and read the resolution title
14 only and recognize Senator Gallivan.
15 ACTING PRESIDENT COONEY: The
16 Secretary will read.
17 THE SECRETARY: Resolution 142, by
18 Senator Gallivan, memorializing Governor Kathy
19 Hochul to proclaim May 11-17, 2025, as
20 Police Week in the State of New York.
21 ACTING PRESIDENT COONEY: Senator
22 Gallivan on the resolution.
23 SENATOR GALLIVAN: Thank you,
24 Mr. President.
25 I very proudly rise today in support
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1 of Police Week in New York State and across the
2 country.
3 As many of you know, my background's
4 in law enforcement. I came from a law
5 enforcement family, where so many were willing to
6 stand up for their community as so many others
7 are across our state and across our nation.
8 In 1962, this week was set aside and
9 recognized as Police Week in the United States,
10 as a time to recognize those law enforcement
11 offers who have lost their lives in the line of
12 duty.
13 Many of us attended ceremonies just
14 last week to recognize officers across New York
15 State who gave their lives in service to their
16 fellow New Yorkers. It's a reminder, of course,
17 of the dangers police officers face every single
18 day.
19 But despite this risk, despite the
20 challenges of the job, the challenges of our
21 time, despite the emotional toll they and their
22 families often face, there are still roughly
23 900,000 law enforcement officers across New York
24 State and across the country serving their
25 communities.
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1 Let's take a moment, Mr. President,
2 to thank all who serve as we honor and remember
3 those who have fallen.
4 Thank you.
5 ACTING PRESIDENT COONEY: Thank
6 you, Senator Gallivan.
7 Senator Rolison on the resolution.
8 SENATOR ROLISON: Thank you,
9 Mr. President.
10 And I want to thank my colleague and
11 retired member of law enforcement, like myself,
12 Senator Gallivan, to recognize this week.
13 And May 15th is actually Police
14 Officers Memorial Day here in the country.
15 I want to talk about three
16 individuals from this state who lost their lives,
17 going back to 1983 when I was first on the job.
18 The very first police officer
19 funeral I attended was in East Meadow,
20 Long Island, for PO James Rowley of
21 NYPD Aviation. He and his partner were
22 patrolling the East River and became involved in
23 a collision with a seaplane out of New Jersey.
24 They crashed into the Borough of Brooklyn, in the
25 Red Hook section, and they both lost their lives.
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1 I remember going to that funeral
2 wide-eyed, wondering what it was going to be
3 like. Of course I saw them on TV as a young man
4 growing up. But to be there in that, quote,
5 unquote, sea of blue was something that I have
6 never forgotten. And I have never forgotten
7 every single funeral after that.
8 And unfortunately, there were many.
9 I was assigned to the honor guard unit of the
10 Town of Poughkeepsie Police Department, and we
11 traveled the tristate area to pay our respects.
12 And I will say of course the majority were
13 members of the NYPD.
14 I retired in 2008, then three years
15 later we lost a member of the City of
16 Poughkeepsie Police Department, where I've lived
17 for 35 years. And that's Police Officer John
18 Falcone, who was killed in the line of duty in a
19 domestic violence incident by the Poughkeepsie
20 Train Station right after lunchtime, during the
21 week.
22 And I traveled to Carmel, New York,
23 in Putnam County, where he grew up, to attend his
24 funeral. And again, thousands of the police
25 officers from the tristate area were there to pay
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1 respects to John.
2 And then the last police funeral I
3 attended was in 2022, for PO Jason Rivera. He
4 and his partner from the NYPD were killed in the
5 line of duty on January 25th of that year,
6 responding to a domestic violence incident.
7 And that was in front of
8 St. Patrick's Cathedral. Thousands upon
9 thousands of police officers were there. I
10 daresay the largest motorcycle escort I have ever
11 seen in my life -- in the pouring rain. In the
12 pouring rain, for Jason Rivera and his family.
13 And what made that special that day
14 was that my son Christopher attended that funeral
15 with me, and the members of the New Castle Police
16 Department, where he serves as a sergeant.
17 And in closing, Mr. President, we
18 honor the members of our law enforcement
19 community who went out that door to protect us,
20 who did not come back. But in that home or that
21 apartment, behind that door is a family that saw
22 them leave but did not see them come back.
23 And we need to pray for the lost.
24 We also need to pray for the current members of
25 or our police community who are doing that job.
3457
1 And unfortunately we'll be having this
2 conversation again next year during Police Week,
3 because we will continue to lose police officers
4 in a very, very difficult and dangerous job.
5 So when we think about the members
6 that have come to serve and who have not come
7 home, let's remember their families, who really
8 make a sacrifice for us as a community to give
9 their loved ones to our communities to protect
10 us.
11 Thank you, Mr. President.
12 ACTING PRESIDENT COONEY: Thank
13 you, Senator.
14 Senator Borrello on the resolution.
15 SENATOR BORRELLO: Thank you,
16 Mr. President.
17 I want to thank the sponsor,
18 Senator Gallivan, for bringing this forward, and
19 associate myself with his comments and also
20 Senator Rolison.
21 I rise today to recognize and
22 remember the Genesee County Sheriff's Deputy
23 Sergeant Thomas Sanfratello, who lost his life
24 last year while on duty at Batavia Downs with two
25 unruly patrons. He succumbed to his injuries
3458
1 from that fight.
2 This is a dangerous job, folks, and
3 it gets more and more dangerous, not less. We
4 need to remember that. Less and less people want
5 to do this job as a result. We need people in
6 law enforcement. And today we recognize those
7 who lost their lives and gave their lives to
8 protect others.
9 God bless Sergeant Sanfratello and
10 all who serve.
11 Thank you, Mr. President.
12 ACTING PRESIDENT COONEY: Thank
13 you, Senator.
14 Senator Chan on the resolution.
15 SENATOR CHAN: Thank you,
16 Mr. President.
17 Having been a police officer and a
18 police supervisor for 27 years myself, I've
19 experienced many, many -- too many -- wakes and
20 funerals of my fellow officers.
21 The last one to hit home really,
22 really hard -- and I got up close and personal to
23 it, very personal, was Detective Wenjian Liu of
24 the NYPD about 10 years ago, when he was
25 assassinated along with his partner, Detective
3459
1 Rafael Ramos.
2 In the first hours after his
3 assassination, I was in Detective Wenjian Liu's
4 house with his parents. Subsequently I spent
5 weeks, months and years with those two folks,
6 those two fine folks. And even today, just last
7 week, I represented them, the family of Detective
8 Wenjian Liu, in attending our memorial service
9 for the police officers here.
10 In the first days after he died, I
11 was the one -- and nobody knows this, I was the
12 one that brought food to his family every day.
13 But, you know what, nobody can eat it. I can't
14 remember the Lius eating a single bite of food
15 for 10 days, 15 days. I had to make them eat it.
16 I saw his wife, his widow, his
17 parents losing their only kid. And that one hit
18 home especially hard for me, and I've witnessed
19 dozens. I was at 9/11. I lost friends. I lost
20 fireman friends as well, other first responders.
21 But Detective Wenjian Liu really hit home.
22 And it is, I guess, a blessing that
23 modern medicine was able to bring a child to his
24 family after his death. And today I watch
25 Angelina grow up, and I'm just in awe every day
3460
1 in contact with the family. And they come up
2 here often too, Mr. and Mrs. Liu.
3 So I want to thank Senator Gallivan
4 for bringing forth this resolution. I want to
5 thank Senator Rolison and Senator Borrello for
6 speaking on behalf, in support. And I support
7 this resolution.
8 Thank you very much.
9 ACTING PRESIDENT COONEY: Thank
10 you, Senator.
11 Senator Canzoneri-Fitzpatrick on the
12 resolution.
13 SENATOR CANZONERI-FITZPATRICK:
14 Thank you, Mr. President.
15 I'd like to thank the sponsor for
16 bringing this resolution to the floor. Because
17 as you said, it's important that we stop and
18 think about those who have given the ultimate
19 sacrifice for our well-being.
20 I want to just remember
21 Officer Steven McDonald, who lived in my district
22 and was a dear friend. He was shot, paralyzed,
23 and lived for 30 years as a paraplegic in a
24 wheelchair.
25 He made such great use of his
3461
1 30 years after he was shot, preaching
2 forgiveness, preaching for -- and speaking to
3 many police officers about suicide, and making
4 sure that they knew that if their worst day was
5 getting them down, to think of him and to have
6 hope that there is purpose in your life and to
7 continue and not to succumb to those thoughts.
8 What I think is even more remarkable
9 is that his son, Conor McDonald, even though he
10 watched his dad and only knew his dad in that
11 wheelchair, became an NYPD officer and is now a
12 captain. And he's also my constituent and a dear
13 friend.
14 The McDonald family is truly
15 inspirational and shows us what you can do in the
16 face of great adversity, and continue to give
17 service to your community. And they have never
18 lost their faith to know that there was purpose
19 in what they had to deal with. And they've
20 always been somebody that inspires me to
21 continue.
22 So thank you, Mr. President, for
23 allowing me to speak about the McDonald family.
24 ACTING PRESIDENT COONEY: Thank
25 you, Senator.
3462
1 Senator Scarcella-Spanton on the
2 resolution.
3 SENATOR SCARCELLA-SPANTON: Thank
4 you, Mr. President.
5 And thank you, Senator Gallivan, for
6 introducing this important resolution in support
7 of National Police Week.
8 You know, just last week so many of
9 us were at the Police Memorial. I have the honor
10 and privilege of speaking at that memorial every
11 year on behalf of the Senate.
12 And I always make sure that when I
13 look out, I look at the families' faces. I think
14 one year we saw a woman there who lost her
15 husband in a line-of-duty accident who was about
16 nine months' pregnant at the memorial.
17 It's devastating to see the impacts
18 on these families. And this is a really hard
19 job. I have family who are in the NYPD. And
20 whether it's 9/11-related illnesses, line-of-duty
21 deaths or just accidents, we want to make sure
22 that we always honor their service.
23 And we actually had, between
24 accidents and 9/11-related illnesses, 17 names on
25 the -- that were going up on the memorial last
3463
1 week from on or around my district. Both Senator
2 Lanza and I, I think, probably share a lot of
3 constituents who went up on that wall.
4 Most importantly, I'd like to
5 mention Port Authority Police Officer
6 Anthony Varvaro, who was killed by a wrong-way
7 driver while he was on his way to work. Every
8 single one of you were so incredibly instrumental
9 in helping to get his family the benefits that
10 they deserve last year.
11 And I looked out and I got to see
12 his widow, who has four children that he left
13 behind, and they are really a testament of
14 strength and what an NYPD family looks like.
15 So thank you, and I proudly vote
16 aye.
17 ACTING PRESIDENT COONEY: Thank
18 you, Senator.
19 The resolution was adopted on
20 January 14th.
21 Senator Liu.
22 SENATOR LIU: Mr. President, please
23 take up previously adopted Resolution 106, by
24 Senator Persaud, read the resolution title only,
25 and recognize Senator Persaud.
3464
1 ACTING PRESIDENT COONEY: The
2 Secretary will read.
3 THE SECRETARY: Resolution 106, by
4 Senator Persaud, memorializing Governor Kathy
5 Hochul to proclaim May 12-18, 2025, as Period
6 Poverty Awareness Week in the State of New York.
7 ACTING PRESIDENT COONEY: Senator
8 Persaud on the resolution.
9 SENATOR PERSAUD: Thank you,
10 Mr. President.
11 This week we will be acknowledging
12 Period Poverty Awareness Week. And many of you
13 have heard me speak of period poverty on this
14 floor over the past number of years. And each
15 year I've been hosting a webinar to inform the
16 community about what period poverty is and what
17 we should do.
18 Too often people are not aware of
19 period poverty. Period poverty is something that
20 happens in the United States and across the
21 world, but it's something that should not be
22 happening. Every day there are people who are in
23 need of period products, of menstrual products,
24 who are unable to afford it.
25 And because they're unable to afford
3465
1 it, we have students not attending school because
2 they can't. We have people going to school and
3 not being able to go out for lunch because they
4 have to sit in their seat all day because they're
5 afraid if they get up, what may be showing on
6 their clothing.
7 This is something that should not
8 happen. How do we eliminate period poverty in
9 the United States? We talk about our country
10 being such a rich country. We talk about us
11 being a powerful place for everything. But we
12 cannot afford to give people who are in need of
13 period products the products that they need. How
14 sad is that?
15 When we look at ourselves we should
16 be ashamed. No student should have to stay home
17 from going to school because they cannot have a
18 pad or a tampon to use, or a number of them to
19 use.
20 Over the years I've had legislation
21 passed where we've allowed for people who are
22 incarcerated to have those products because they
23 too were being denied those products.
24 Think of it. Somebody who's locked
25 away and being told they are -- and I'm going to
3466
1 be graphic -- they are having their menstrual
2 cycle and they are being told they cannot be
3 given a product to use. They have to sit in the
4 blood that they're sitting in because someone
5 thinks that giving them that product means that
6 we are giving someone something for free.
7 Everyone in here came from a person
8 who had to menstruate before they could have us.
9 So we should think about that when we try to deny
10 these products to people. A menstrual product
11 should not be denied to anyone.
12 I encourage my colleagues in your
13 districts to have these conversations. Encourage
14 people to have period product drives and
15 distribute them, to look at what I do. We will
16 be hosting our webinar tomorrow where we will be
17 talking about it. We have young kids who will be
18 on that webinar talking about their experiences
19 and why they were unable to attend school. We
20 are talking about young people who are sitting
21 there, they are not going to be playing sports
22 after school because they cannot, because they do
23 not have the products.
24 Encourage people in your communities
25 to have period product drives, and please
3467
1 distribute them. Because no one should have to
2 curtail activities because they do not have
3 access to period products. Period products
4 should be available to everyone in every place
5 across this state. And we should be that
6 example.
7 Again, we talk of ourselves as being
8 a great state, a great country, but we have
9 people in our country and in our state that
10 cannot have a basic item such as a period
11 product.
12 Please, think about it. When you go
13 to the store this week, just buy a product and
14 donate it to someone. Take it to the library and
15 give it to the library and tell them to give it
16 to someone who comes in there. That's all it
17 takes. It takes each of us making that decision
18 to work to eliminate that problem.
19 Thank you, Mr. President. I vote
20 aye. Thank you.
21 ACTING PRESIDENT COONEY: Thank
22 you, Senator Persaud.
23 Senator Webb on the resolution.
24 SENATOR WEBB: Thank you,
25 Mr. President.
3468
1 I rise to of course thank
2 Senator Persaud for her continued advocacy, and
3 most certainly her unapologetic advocacy, for
4 this very important issue.
5 As she mentioned, she's always doing
6 webinars to lift up just how pervasive this issue
7 is. And it impacts everyone across our great
8 state. And I am incredibly proud of the
9 championing that she has done, but also the work
10 that we've done in this chamber to address and
11 continue to shine a light on this important
12 issue. We have passed several bills in our house
13 with respect to trying to mitigate or eliminate
14 period poverty.
15 I just wanted to share a couple of
16 statistics that are relegated to New York to
17 further underscore the great words that Senator
18 Persaud shared, and call to action.
19 For far too many women and girls,
20 the cost of period supplies creates significant
21 barriers to attending school, going to work, and
22 fully participating in their daily lives. Here
23 in New York, a month's supply of period products
24 costs $15.56 -- the highest in the nation.
25 People who menstruate in New York
3469
1 will spend, on average, more than $7,282 over the
2 course of their lifetime on period products. And
3 we know it's not just about the cost. We know
4 that one in three low-income women in the U.S.
5 have either missed school, work or social outings
6 due to lack of access to these supplies.
7 This is about making sure that
8 people have their basic needs not only met, but
9 equitably addressed.
10 It is far beyond time for us to
11 eliminate period poverty, the embarrassment that
12 comes with it, and to ultimately remove resource
13 barriers that continue to add to this disparity.
14 I am deeply grateful to
15 Senator Persaud for bringing forward this
16 resolution, and I want to encourage all of us to
17 take a stand for equity to ensure that no woman
18 or girl or any person who is experiencing their
19 menstrual cycle here in the State of New York
20 should ever have to miss school or work because
21 of period poverty.
22 This resolution serves as an
23 important step towards ending the cycle of stigma
24 and inaccessibility. Period poverty is a real
25 challenge, but together we can make strides to
3470
1 ensure that dignity, equity, fairness for all
2 menstruating individuals is achieved.
3 I proudly vote aye, Mr. President.
4 SENATOR O'MARA: Thank you,
5 Senator.
6 Senator Hinchey on the resolution.
7 SENATOR HINCHEY: Thank you,
8 Mr. President.
9 I rise to also thank the sponsor of
10 this resolution for bringing it forward and for,
11 with just this sheer effort, helping to
12 destigmatize this conversation.
13 I know for me, growing up in high
14 school, this conversation was an embarrassing
15 conversation to have. It was one that people
16 shied away from actively.
17 And I want to take this moment to
18 actually uplift an organization in my district,
19 the TMI Project, which is actually a group of
20 students in Kingston High School who are actively
21 working not just to destigmatize the conversation
22 around periods in our communities, but to also
23 ensure that people have access to the products
24 that they need.
25 That is the grassroots work that we
3471
1 are all working to support. This chamber has
2 done, as my colleague has said, has done a lot of
3 work in not just repealing things like the
4 Pink Tax, which was an additional cost on women
5 and people who menstruate, but also making sure
6 that these products are available in our schools,
7 now in our SUNY system, and hopefully soon in all
8 of our public buildings.
9 But yet there are still schools that
10 are not abiding by the 2016 law that we passed in
11 this chamber almost a decade ago. We have to
12 uplift organizations like the TMI Project that we
13 each have in our districts to make sure that our
14 schools are actually providing the products that
15 they need to be providing to everyone who goes
16 into our school system.
17 I thank the sponsor again for
18 bringing forward this resolution, and I thank all
19 of our colleagues in this chamber for supporting
20 the bills that we continue to bring forward to
21 make sure that we can, one, remove the stigma and
22 make sure that no one has to worry about what the
23 day may bring, and that they can live a life with
24 equity and positivity in our communities.
25 Thank you, Mr. President.
3472
1 ACTING PRESIDENT COONEY: Thank
2 you, Senator Hinchey.
3 The resolution was adopted on
4 January 14th.
5 Before I recognize Senator Liu, let
6 me recognize Senator Addabbo, Senator Chan and
7 Senator Oberacker, who are all celebrating their
8 birthdays today.
9 (Applause.)
10 ACTING PRESIDENT COONEY: Senator
11 Liu.
12 SENATOR LIU: Mr. President, at the
13 request of the sponsors, the resolutions are open
14 for cosponsorship.
15 ACTING PRESIDENT COONEY: The
16 resolutions are open for cosponsorship. Should
17 you choose not to be a cosponsor on a resolution,
18 please notify the desk.
19 Senator Liu.
20 SENATOR LIU: Mr. President, on
21 page 36 I offer the following amendments to
22 Calendar Number 776, Senate Bill Number 7416, and
23 ask that said bill retain its place on Third
24 Reading Calendar.
25 ACTING PRESIDENT COONEY: The
3473
1 amendments are received, and the bill will retain
2 its place on the Third Reading Calendar.
3 Senator Liu.
4 SENATOR LIU: Please take up the
5 reading of the calendar.
6 ACTING PRESIDENT COONEY: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 169, Senate Print 871, by Senator Bailey, an act
10 to amend the Public Housing Law.
11 ACTING PRESIDENT COONEY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT COONEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT COONEY: Announce
19 the results.
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT COONEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 182, Senate Print 1985, by Senator Harckham, an
25 act to amend the Criminal Procedure Law.
3474
1 ACTING PRESIDENT COONEY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT COONEY: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT COONEY: Senator
9 Borrello to explain his vote.
10 SENATOR BORRELLO: Thank you,
11 Mr. President.
12 Here's the issue for me.
13 Unfortunately, thanks to bail reform, we release
14 the domestic abusers with an appearance ticket.
15 We're going to seize the weapons. It sounds like
16 a good idea. Except this bill has a flaw, and
17 that flaw is that the victim's firearm can also
18 be seized.
19 So we're going to release the
20 criminal and also take the weapon away from the
21 abused. That's a problem. We should just be
22 putting the criminals in jail where they belong,
23 not releasing them, and then we don't have to
24 worry about that.
25 So I'll be voting no. Thank you.
3475
1 ACTING PRESIDENT COONEY: Senator
2 Borrello to be recorded in the negative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 182, voting in the negative are
6 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
7 Chan, Gallivan, Griffo, Helming, Lanza, Mattera,
8 Murray, Oberacker, O'Mara, Palumbo, Rhoads,
9 Rolison, Stec, Tedisco, Walczyk, Weber and Weik.
10 Ayes, 37. Nays, 20.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 222, Senate Print 161, by Senator Ramos, an act
15 to amend the Education Law.
16 ACTING PRESIDENT COONEY: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect April 1, 2026.
20 ACTING PRESIDENT COONEY: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT COONEY: Announce
24 the results.
25 THE SECRETARY: In relation to
3476
1 Calendar 222, voting in the negative:
2 Senator Walczyk.
3 Ayes, 56. Nays, 1.
4 ACTING PRESIDENT COONEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 254, Senate Print 156, by Senator Salazar, an act
8 to amend the Executive Law.
9 ACTING PRESIDENT COONEY: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT COONEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT COONEY: Senator
17 Salazar to explain her vote.
18 SENATOR SALAZAR: Thank you,
19 Mr. President.
20 In addition to trauma and loss, the
21 financial impact that a crime can have on
22 survivors only exacerbates hardship. From
23 funeral and burial expenses, lost wages,
24 healthcare costs, relocation costs for stalking
25 victims, to the need to replace essential
3477
1 personal property, the monetary burdens can be
2 overwhelming and can jeopardize a victim's
3 recovery.
4 Together we've taken steps to
5 provide hundreds of thousands of crime victims
6 and survivors with critical support to help
7 ensure their long-term health, safety and
8 well-being.
9 For example, New York is the only
10 state in the nation that does not impose a legal
11 limit on reimbursement for medical bills or
12 counseling for those who qualify, which ideally
13 allows survivors to receive that form of support
14 for as long as they might need it.
15 However, crime victims still face
16 obstacles when it comes to victim compensation.
17 Victims who suffer physical injury or who lose
18 personal property, for example, as a result of a
19 crime may be reimbursed for their loss only up to
20 a total of $2500 under current law. An arbitrary
21 cap like this is simply inadequate in the case of
22 many crime survivors.
23 Additionally, for the property to be
24 reimbursable at all under current law, it must be
25 deemed necessary and essential to the health,
3478
1 safety and welfare of the victim. This makes it
2 difficult for the Office of Victim Services to
3 properly compensate these victims, as current law
4 does not provide a definition for what that
5 constitutes.
6 Today, we are once again taking this
7 step to increase the compensation that a crime
8 survivor could qualify for, and to clarify
9 examples of what property could be necessary and
10 essential for the welfare of a victim.
11 Thank you to my colleagues for your
12 support in seeking to provide crime victims and
13 survivors with tools that they need to recover
14 and to rebuild their lives.
15 I vote aye.
16 ACTING PRESIDENT COONEY: Senator
17 Salazar to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 256, Senate Print --
24 SENATOR LANZA: Lay it aside.
25 ACTING PRESIDENT COONEY: The bill
3479
1 will be laid aside.
2 THE SECRETARY: Calendar Number
3 381, Senate Print 2280A, by Senator Webb, an act
4 to amend the Executive Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect immediately.
9 ACTING PRESIDENT COONEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT COONEY: Senator
13 Webb to explain her vote.
14 SENATOR WEBB: I rise,
15 Mr. President, for the last time today.
16 (Laughter.)
17 SENATOR WEBB: But it's for a very
18 important reason, to explain my vote with regards
19 to my legislation that was inspired by the tragic
20 loss of Gabby Petito and other victims of
21 domestic violence whose lives would have been
22 saved by providing law enforcement with a very
23 important tool that was designed to help them to
24 identify victims who are most at risk for
25 intimate partner homicide.
3480
1 We found the assessment saves lives
2 by enabling law enforcement to identify victims
3 at high risk of serious injury or, unfortunately,
4 death by their intimate partners. In addition to
5 providing a lifesaving tool to law enforcement
6 statewide, the legislation ensures that
7 victims are empowered with resources to stay safe
8 and to help lessen the danger of their health and
9 safety. By focusing on prevention, we can save
10 the lives of victims before it's too late.
11 This legislation seeks to reduce
12 these statistics -- and I'll share a couple right
13 now.
14 According to a report in 2021, of
15 the estimated 4,970 female victims of murder and
16 non-negligent manslaughter in 2021, data reported
17 by law enforcement agencies indicate that
18 one-third, or 34 percent, were killed by an
19 intimate partner. By comparison, about 6 percent
20 of the 17,970 males murdered that year were
21 victims of intimate partner homicide.
22 This legislation seeks to reduce
23 these statistics but also, by supporting our law
24 enforcement officers as they respond to these
25 calls, the information that they collect is
3481
1 included in a tool that they currently use, which
2 is called a domestic incident report. And it
3 includes information about the victim, the
4 alleged offender, and the details of the
5 incident.
6 The officer, when responding, will
7 also provide victims with numbers to local
8 on-the-ground resources and agency supports with
9 regards to addressing domestic violence.
10 Based on the assessment, the officer
11 may also file for an extreme risk protection
12 order if there is credible information suggesting
13 a likelihood of serious harm.
14 There are other states who have
15 passed this legislation. Maryland was one of the
16 first states in 2005 to establish a statewide
17 lethality assessment. Florida and Utah have also
18 established this as a tool.
19 And it is my hope that our body and
20 most certainly in the Assembly -- I want to thank
21 my Assembly sponsor, Assemblymember Clark, for
22 advancing this legislation in the Assembly.
23 I proudly vote aye, and I encourage
24 my colleagues to do the same.
25 And I want to thank our Senate
3482
1 Majority Leader for continuing to lead on
2 important issues like this in our body.
3 Thank you.
4 ACTING PRESIDENT COONEY: Senator
5 Webb to be recorded in the affirmative.
6 Senator Rolison to explain his vote.
7 SENATOR ROLISON: Thank you,
8 Mr. President.
9 I want to thank Senator Webb for
10 bringing this bill back. This is a commonsense
11 bill that gives the tools, as Senator Webb has
12 alluded to, to law enforcement asking these
13 questions which determine risk, the risk factor
14 for a victim.
15 And I can tell you that when I was
16 in the county legislature in 2010, 2011, we
17 actually did this in Dutchess County. It was a
18 groundbreaking thing. A groundbreaking thing.
19 And it needs to be done everywhere,
20 because these questions determine risk that
21 sometimes victims of domestic violence and
22 personal intimate violence, they're not thinking
23 about that. And when you have the opportunity to
24 connect a victim with an advocate, to develop a
25 safety plan -- because ultimately many of these
3483
1 abusers are not going to be held forever, they're
2 going to be back in the community, and they can
3 victimize and unfortunately terrorize their
4 victims. Which causes trauma, which has a whole
5 other effect on someone's life and their family's
6 life.
7 And then yes, of course, there are
8 the domestic violence homicides that maybe if
9 these questions were asked, that victim would
10 know that they have to make a safety plan and
11 maybe they actually have to leave to go someplace
12 safe.
13 So thank you, Senator Webb, and I
14 proudly vote aye.
15 Thank you, Mr. President.
16 ACTING PRESIDENT COONEY: Senator
17 Rolison to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT COONEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 406, Senate Print 2416, by Senator Parker, an act
24 to amend the Public Service Law.
25 ACTING PRESIDENT COONEY: Read the
3484
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect immediately.
4 ACTING PRESIDENT COONEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT COONEY: Senator
8 Parker to explain his vote.
9 SENATOR PARKER: Thank you,
10 Mr. President.
11 I first want to thank our
12 illustrious leader, Andrea Stewart-Cousins, and
13 the staff for putting together this package of
14 legislation that deals with domestic violence and
15 intimate partner violence. A really, really
16 critical issue. Oftentimes these kinds of crimes
17 and -- and -- just against humanity are many
18 times not even reported. Right? And oftentimes
19 people feel stuck and don't know where to go.
20 And so it's important that in our
21 leadership that we recognize and be the voice for
22 those who don't have voices. And many times it's
23 not necessarily just the physical aspects of the
24 abuse that are important, it's things like being
25 able to track and intimidate people.
3485
1 This particular bill allows folks
2 who are in utility contracts or many times phone
3 contracts to break those contracts so that their
4 abusers cannot continue to track their movements
5 and terrorize them.
6 But this also speaks to the fact
7 that much of what we have to do still has not
8 gone done. And I really want to use this moment
9 to call upon not just the Senate but also the
10 Assembly and the Governor to bring forth
11 legislation on coercive control. I have really
12 important bills, the first one actually written
13 in any legislature in the country. We have still
14 failed to bring it to the floor here and pass it
15 and make it law.
16 But every single day we have victims
17 of domestic violence who are not being protected
18 simply because the abuse they're going through is
19 not physical but it's mental and psychological
20 and not necessarily behavioral.
21 And so we need to deal with that as
22 well as legislation I have called the
23 Phoenix Act, which is a comprehensive bill to
24 address some of these issues.
25 So as I'm happy that this bill is
3486
1 coming forward, and I want to thank my colleagues
2 for voting aye on it, there's still so much to be
3 done. Let's do coercive control, let's do the
4 Phoenix Act.
5 Thank you.
6 ACTING PRESIDENT COONEY: Senator
7 Parker to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT COONEY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 454, Senate Print 3236A, by Senator Cooney, an
14 act to amend the Education Law.
15 ACTING PRESIDENT COONEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT COONEY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT COONEY: Announce
23 the results.
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT COONEY: The bill
3487
1 is passed.
2 THE SECRETARY: Calendar Number
3 467, Senate Print 450, by Senator Hoylman-Sigal,
4 an act to amend the Real Property Tax Law.
5 ACTING PRESIDENT COONEY: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 60th day after it
9 shall have become a law.
10 ACTING PRESIDENT COONEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT COONEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 467, voting in the negative are
17 Senators Ashby, Borrello, Canzoneri-Fitzpatrick,
18 Chan, Gallivan, Griffo, Helming, Lanza, Martins,
19 Mattera, Murray, Oberacker, O'Mara, Palumbo,
20 Rhoads, Rolison, Skoufis, Stec, Tedisco, Walczyk,
21 Weber and Weik.
22 Ayes, 35. Nays, 22.
23 ACTING PRESIDENT COONEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3488
1 479, Senate Print 879A, by Senator May, an act to
2 amend the Agriculture and Markets Law.
3 ACTING PRESIDENT COONEY: Read the
4 last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect immediately.
7 ACTING PRESIDENT COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT COONEY: Senator
11 May to explain her vote.
12 SENATOR MAY: Thank you,
13 Mr. President.
14 I rise in gratitude to my colleagues
15 for voting for the Garden Protection Act. The
16 reality is that for a lot of us, the most
17 significant impact we may have on our local
18 ecosystem has to do with how we manage our lawns
19 and gardens. But it's also the case that in many
20 communities people have very little choice about
21 what they can do.
22 So this simply says that people
23 should have the right to grow food or to create
24 pollinator habitat in their yards around their
25 house, which is something that could be really
3489
1 important for people's food security but also for
2 pollinators all across the state.
3 So I am proud that we are passing
4 this bill, and I vote aye.
5 ACTING PRESIDENT COONEY: Senator
6 May to be recorded in the affirmative.
7 Senator Martins to explain his vote.
8 SENATOR MARTINS: Thank you,
9 Mr. President.
10 I'll be voting no on this bill.
11 You know, I have some deep concerns
12 about the idea that every person can effectively
13 plant whatever they want on their front lawn,
14 their side yards or their rear yards in local
15 communities.
16 And I understand the sponsor's will
17 to have a bill that will preempt local
18 communities from being able to make those
19 decisions globally. But I grew up in a community
20 that is 40 by 100 and 50 by 100 lots. And when
21 you live in close proximity with other people in
22 houses in our suburban communities and some of
23 our less-dense urban communities, the reality is
24 we all have to live together.
25 And so we have to allow our local
3490
1 communities and our municipalities the ability to
2 determine when there's a nuisance or not. And
3 those decisions are made locally. And when we
4 take those rights away from a municipality to
5 maintain a certain order with regard to the
6 community, we're doing an injustice to the entire
7 community, and we're doing an injustice to the
8 members of the community who moved into that
9 community expecting that that would be there.
10 Now, the sponsor has said that each
11 community can pass laws to regulate that
12 individually. But just think about what that
13 means, Mr. President, when it comes to a
14 community having to define what can or can't be
15 planted and how far back from each setback that
16 has to be. One person's garden is another
17 person's tangle, and I'm concerned that we will
18 be prioritizing one and not the other.
19 I'll be voting no.
20 ACTING PRESIDENT COONEY: Senator
21 Martins to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 479, voting in the negative are
25 Senators Martins, C. Ryan and Walczyk.
3491
1 Ayes, 54. Nays, 3.
2 ACTING PRESIDENT COONEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 499, Senate Print 54, by Senator Fernandez, an
6 act to amend the Penal Law.
7 ACTING PRESIDENT COONEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT COONEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT COONEY: Senator
15 Fernandez to explain her vote.
16 SENATOR FERNANDEZ: Thank you,
17 Mr. President.
18 Right now New York law does not
19 protect people who are sexually assaulted while
20 voluntarily drunk or high. Unless they were
21 drugged without their knowledge, the law says
22 they could still consent even if they were too
23 impaired to stand or speak clearly.
24 This bill fixes this by saying that
25 if someone is too intoxicated to consent and a
3492
1 reasonable person should have known, it's still a
2 crime.
3 This change helps survivors get the
4 justice they deserve. Justice should not hinge
5 on how a survivor became incapacitated. Our laws
6 must reflect that a person who is too impaired to
7 consent, regardless of how they arrived at that
8 state, deserves protection and not dismissal.
9 This legislation corrects a
10 longstanding failure in our legal system and
11 affirms a basic principle that consent must be
12 knowing, clear and freely given.
13 I thank this conference for
14 continually supporting this bill and for
15 championing a critical package standing with
16 survivors across New York.
17 I proudly vote aye.
18 ACTING PRESIDENT COONEY: Senator
19 Fernandez to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 57.
22 ACTING PRESIDENT COONEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 536, Senate Print 1015, by Senator Brouk, an act
3493
1 to amend the Estates, Powers and Trusts Law.
2 ACTING PRESIDENT COONEY: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day after it
6 shall have become a law.
7 ACTING PRESIDENT COONEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT COONEY: Senator
11 Brouk to explain her vote.
12 SENATOR BROUK: Thank you,
13 Mr. President.
14 I stand here today to vote aye on my
15 bill, S1015, which concerns elder abuse.
16 I'd like to thank all of the
17 cosponsors who have helped carry this bill and
18 especially the Rochester residents who championed
19 this back home.
20 Elder abuse is a national concern.
21 It affects millions of people every year. And
22 according to the American Journal of Public
23 Health, nearly one in 10 older adults will
24 experience elder abuse. But it's often a silent,
25 hidden problem that robs older adults of their
3494
1 dignity and livelihoods.
2 It's because this abuse can take so
3 many different forms, ranging from physical abuse
4 to financial exploitation. And it can happen
5 anywhere by anyone. According to the National
6 Institute on Aging, the mistreatment of older
7 adults is just as common from family members or
8 caregivers as it is from strangers, and amounts
9 to a total loss of $28 billion each year from our
10 seniors.
11 This legislation seeks to restore
12 elder justice in this way because for too long
13 our older adults have suffered as victims of
14 fraud, exploitation and neglect. Passing this
15 bill will prohibit an individual convicted of a
16 crime involving elder abuse from inheriting their
17 victim's estate.
18 We can prevent elder abuse by making
19 it clear that those who stand to gain from the
20 death of an older adult will no longer be able to
21 do so in this way.
22 I proudly vote aye. Thank you.
23 ACTING PRESIDENT COONEY: Senator
24 Brouk to be recorded in the affirmative.
25 Announce the results.
3495
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT COONEY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 554, Assembly Bill Number 2123A, by
6 Assemblymember Berger, an act to amend the
7 Civil Service Law.
8 ACTING PRESIDENT COONEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT COONEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT COONEY: Announce
16 the results.
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT COONEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 555, Senate Print 596, by Senator Hinchey, an act
22 to amend the Executive Law.
23 ACTING PRESIDENT COONEY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3496
1 act shall take effect on the first of July.
2 ACTING PRESIDENT COONEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT COONEY: Senator
6 Murray to explain his vote.
7 SENATOR MURRAY: Thank you,
8 Mr. President.
9 I rise to thank the sponsor for
10 this. This is a bill that I'm just -- frankly,
11 I'm surprised it has not been signed into law
12 yet.
13 You know, we do enough things to
14 cause problems for our businesses in this state.
15 This is a small step where we can help. This
16 is women and minority-owned businesses -- I've
17 heard stories of -- I had a woman come up to me
18 who said, Listen, I got my designation, I got
19 certified as an MWBE. I came up for renewal.
20 There's been absolutely no change to my business,
21 no change in ownership, no change in management.
22 And yet I was denied recertification.
23 That makes absolutely no sense.
24 Just another obstacle thrown in the way of our,
25 many times, small businesses.
3497
1 Passing this bill will remove that
2 obstacle. It is a commonsense bill, and that's
3 why I'm proudly voting aye.
4 Thank you.
5 ACTING PRESIDENT COONEY: Senator
6 Murray to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT COONEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 679, Senate Print Number 3519, by Senator
13 Scarcella-Spanton, an act to amend the Penal Law.
14 ACTING PRESIDENT COONEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT COONEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT COONEY: Senator
22 Scarcella-Spanton to explain her vote.
23 SENATOR SCARCELLA-SPANTON: Thank
24 you, Mr. President.
25 Today we take an important step
3498
1 forward to protect New Yorkers from a growing and
2 dangerous form of harassment. As technology
3 continues to evolve, so do methods used by
4 predators to stalk, intimidate or control their
5 victims.
6 These people have exploited
7 loopholes in our laws using GPS devices,
8 cellphones, apps and other technologies to track
9 someone's movements or spy on their property,
10 often without the victim's knowledge or consent.
11 Today stalkers can follow you from your pocket,
12 your car, even your home without you ever
13 knowing.
14 This legislation updates New York's
15 definition of stalking in the fourth degree to
16 reflect this new digital age. With the passage
17 of this bill, we are clearly making it clear:
18 Using technology to terrorize someone is just as
19 serious and damaging as any other form of
20 harassment. And here in New York, it will not be
21 tolerated.
22 Until now there has been no clear
23 legal protections in place to stop this behavior,
24 and no path forward for justice. Many
25 perpetrators have faced no consequences. But we
3499
1 deserve better in New York. We're adapting our
2 laws to meet the moment and reaffirming our
3 commitment to protecting the privacy, safety and
4 peace of mind of all New Yorkers.
5 Thank you, and I proudly vote aye.
6 ACTING PRESIDENT COONEY: Senator
7 Scarcella-Spanton to be recorded in the
8 affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT COONEY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 746, Senate Print 561, by Senator Krueger, an act
15 to amend the Administrative Code of the City of
16 New York.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 30th day after it
21 shall have become a law.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Announce
3500
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 746, voting in the negative:
4 Senator Walczyk.
5 Ayes, 56. Nays -- also Senator
6 Borrello.
7 (Pause.)
8 ACTING PRESIDENT COONEY: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 746, voting in the negative are
12 Senators Borrello, O'Mara and Walczyk.
13 Ayes, 54. Nays, 3.
14 ACTING PRESIDENT COONEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 773, Senate Print 1353A, by Senator Cleare, an
18 act to amend the General Business Law.
19 ACTING PRESIDENT COONEY: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 90th day after it
23 shall have become a law.
24 ACTING PRESIDENT COONEY: Call the
25 roll.
3501
1 (The Secretary called the roll.)
2 ACTING PRESIDENT COONEY: Senator
3 Cleare to explain her vote.
4 SENATOR CLEARE: Thank you,
5 Mr. President.
6 The consequences that a survivor of
7 domestic violence, elder abuse or other forms of
8 exploitation must face are often complex,
9 deep-seated and extend to all areas of the
10 survivor's life, including their finances.
11 Almost every case of abuse has an
12 economic component to it, and the average
13 survivor is often put into thousands of dollars
14 of debt by their abusers. This bill sets up an
15 appropriate formalized process so that any
16 survivor who was the victim of a coerced debt may
17 apply to have the collection activities suspended
18 pending review of documentation that the debt was
19 in fact coerced.
20 In the ideal, after the review
21 process the survivor will no longer be
22 responsible for the debt in those cases where,
23 after review, a negative finding of coercion is
24 rendered, both an appeal and a private right of
25 action are possible avenues for redress for the
3502
1 survivor.
2 In all, this bill ultimately seeks a
3 balanced approach where survivors are allowed to
4 grow, heal and move on with their lives and are
5 not burdened for the rest of their lives by debt
6 incurred under coercion.
7 I proudly vote aye.
8 ACTING PRESIDENT COONEY: Senator
9 Cleare to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 773, voting in the negative are
13 Senators Borrello, Canzoneri-Fitzpatrick, Chan,
14 Gallivan, Lanza, Mattera, Oberacker, O'Mara,
15 Stec, Walczyk and Weik.
16 Ayes, 46. Nays, 11.
17 ACTING PRESIDENT COONEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 781, Senate Print 1665, by Senator Harckham, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT COONEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 180th day after it
3503
1 shall have become a law.
2 ACTING PRESIDENT COONEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT COONEY: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 781, voting in the negative are
9 Senators Borrello, Chan, Gallivan, Griffo and
10 Oberacker.
11 Ayes, 52. Nays, 5.
12 ACTING PRESIDENT COONEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 899, Senate Print 607, by Senator Stavisky, an
16 act to amend the Education Law.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 15. This
20 act shall take effect 18 months after it shall
21 have become a law.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Announce
3504
1 the results.
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT COONEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 956, Senate Print --
7 SENATOR LIU: Lay it aside for the
8 day.
9 (Laughter.)
10 ACTING PRESIDENT COONEY: The bill
11 will be laid aside for the day.
12 With that, Senator Liu, that
13 completes the reading of today's calendar.
14 (Overtalk, laughter.)
15 ACTING PRESIDENT COONEY: Senator
16 Liu, with that, that completes the reading of
17 today's calendar.
18 SENATOR LIU: Mr. President, please
19 go to the reading of the controversial calendar.
20 ACTING PRESIDENT COONEY: The
21 Secretary will ring the bell.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 256, Senate Print 429, by Senator Salazar, an act
25 to amend the Executive Law.
3505
1 ACTING PRESIDENT COONEY: Senator
2 Lanza, why do you rise?
3 SENATOR LANZA: Mr. President, I
4 believe there's an amendment at the desk.
5 I waive the reading of that
6 amendment and ask that you recognize
7 Senator Stec.
8 ACTING PRESIDENT COONEY: Thank
9 you, Senator Lanza.
10 Upon review of the amendment, in
11 accordance with Rule 6, Section 4B, I rule it
12 nongermane and out of order.
13 SENATOR LANZA: Accordingly,
14 Mr. President, I appeal the ruling of the chair
15 and ask that Senator Stec be heard on that
16 appeal.
17 ACTING PRESIDENT COONEY: The
18 appeal has been made and recognized. Senator
19 Stec may be heard.
20 SENATOR STEC: Thank you,
21 Mr. President.
22 I rise to appeal the ruling of the
23 chair. The proposed amendment is germane to the
24 bill at hand because the bill at hand relates to
25 sexual assaults occurring within correctional
3506
1 facilities, and this amendment increases the
2 penalties for sexual assaults committed against
3 corrections officers.
4 Sexual assault is a serious issue,
5 and when it occurs in our prisons it must be
6 taken seriously and thoroughly investigated and
7 properly punished. That applies to all who are
8 in our correctional facilities, not just our
9 inmates. I wonder how many prosecutions of these
10 sexual assaults in prisons have occurred in the
11 last five years in New York State. I doubt very
12 many.
13 Since the implementation of the HALT
14 Act, violence has surged in our prisons and our
15 dedicated corrections officers staff has never
16 been or felt less safe. Inmates continue to
17 commit acts of sexual violence against correction
18 officers, and these inmates believe that there
19 will be no consequences for their conduct.
20 And I'd ask everyone to go and
21 review the press conference that was reported on
22 that occurred here, a bipartisan press
23 conference, May 9, 2023, where several female
24 corrections officers came and made their cases
25 and stories known.
3507
1 Instead of addressing the violent
2 crisis within our prisons, this Legislature
3 continues to coddle criminals, demonize the
4 corrections officers that risk their lives and
5 well-being to keep those criminals and our
6 communities safe, and ignore the valid pleas of
7 corrections staff to finally step up and do
8 something about the assaults and sexual violence
9 that is committed against them.
10 This proposed amendment seeks to
11 right that wrong by ensuring that there are very
12 real and severe punishments for inmates who
13 commit heinous acts of sexual violence against
14 our correction officers.
15 For that reason, Mr. President, I
16 strongly urge you to reconsider your ruling.
17 ACTING PRESIDENT COONEY: Thank
18 you, Senator.
19 I want to remind the house that the
20 vote is on the procedures of the house and the
21 ruling of the chair.
22 Those in favor of overruling the
23 chair, signify by saying aye.
24 (Response of "Aye.")
25 SENATOR LANZA: Show of hands.
3508
1 ACTING PRESIDENT COONEY: A show of
2 hands has been requested and so ordered.
3 announce the results.
4 THE SECRETARY: Ayes, 21.
5 ACTING PRESIDENT COONEY: The
6 ruling of the chair stands, and the bill-in-chief
7 is before the house.
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT COONEY: Senator
12 Stec, why do you rise?
13 SENATOR STEC: If the sponsor of
14 the bill would yield for a few questions, please,
15 Mr. President.
16 ACTING PRESIDENT COONEY: Will the
17 sponsor yield?
18 SENATOR SALAZAR: Yes.
19 ACTING PRESIDENT COONEY: The
20 sponsor yields.
21 SENATOR STEC: Thank you. Through
22 you, Mr. President.
23 The IG already has authorization to
24 conduct investigations of this sort. So why is
25 this bill necessary?
3509
1 SENATOR SALAZAR: Through you,
2 Mr. President. Right now there is not a
3 mechanism created by the Inspector General's
4 office that would allow for incarcerated
5 individuals to confidentially report sexual
6 misconduct or sexual violence and for the
7 Inspector General's office to actually
8 investigate those complaints.
9 SENATOR STEC: Will the sponsor
10 continue to yield?
11 ACTING PRESIDENT COONEY: Will the
12 sponsor yield?
13 SENATOR SALAZAR: Yes.
14 ACTING PRESIDENT COONEY: The
15 sponsor yields.
16 SENATOR STEC: Thank you,
17 Mr. President.
18 Why aren't corrections officers
19 included in this bill? Sexual assault occurs in
20 our prisons and is committed against both inmates
21 and corrections officers. So why are COs
22 omitted?
23 SENATOR SALAZAR: Through you,
24 Mr. President. It is always serious when sexual
25 assault is committed, regardless of who commits
3510
1 the sexual assaults, who the perpetrator is, and
2 who the victim is.
3 However, a fundamental difference
4 between incarcerated individuals and correction
5 officers, as well as between incarcerated
6 individuals and all of us in this chamber, is
7 that incarcerated individuals do not have their
8 liberty. Their communication with the outside
9 world is, because they are incarcerated,
10 controlled and monitored by DOCCS.
11 This is not true, rightly, of
12 correction officers. If they are a victim of a
13 crime, of a sexual assault or if they were to
14 witness a sexual assault, they have the ability
15 to report that crime to State Police. They also
16 could hypothetically report it to the
17 Inspector General's office, although I don't know
18 why they would. Because, again, they have the
19 ability to report the crime to State Police, and
20 as it has happened before, the State Police would
21 likely, you know, arrest the individual. Or if
22 the individual is incarcerated, they could be
23 charged and convicted, prosecuted, have time
24 added to their sentence.
25 SENATOR STEC: Will the sponsor
3511
1 continue to yield?
2 ACTING PRESIDENT COONEY: Will the
3 sponsor yield?
4 SENATOR SALAZAR: Yes.
5 ACTING PRESIDENT COONEY: The
6 sponsor yields.
7 SENATOR STEC: Okay. Well, again,
8 I highly doubt that this has been prosecuted very
9 often in this state. And as an aside, I've tried
10 to get this kind of information, this data, from
11 DOCCS. And while they seem to track everything
12 else, they don't seem to track sexual assaults
13 that occur in their facilities.
14 But our incarcerated individuals
15 already have a means to report incidents. So if
16 we're adding another path for them, then despite
17 the COs already having other mechanisms
18 themselves, why -- again, why not include
19 corrections officers here to make this a
20 parallel -- the issue is we want the
21 Inspector General to be tracking and
22 investigating what's happening in our prisons.
23 Why would we discriminate or
24 segregate incarcerated from corrections officers
25 if they're both suffering from sexual assaults?
3512
1 SENATOR SALAZAR: Through you,
2 Mr. President. Again, it is a fundamental
3 difference between incarcerated individuals and
4 correction officers that incarcerated individuals
5 do not have their liberty. They don't have the
6 liberty to simply contact the State Police if
7 they are a victim of a sexual assault.
8 I also just want to add that if we
9 were to pass this legislation, it would take a
10 step towards bringing DOCCS into actual
11 compliance with the Prison Rape Elimination Act,
12 PREA. It requires that incarcerated people be
13 provided at least one way to report abuse or
14 harassment to an entity that is not part of the
15 agency. So not just being able to report these
16 crimes to DOCCS' Office of Special
17 Investigations, OSI.
18 And they also need to be able to
19 report this abuse and have it be received and
20 forwarded to an agency that is not part of DOCCS
21 and allows the incarcerated person to remain
22 anonymous. That is not true under existing
23 policy or law. Incarcerated people may use
24 privileged correspondence, for example, to write
25 to the State Commission of Correction, informing
3513
1 them if there is an alleged assault. And of
2 course the SCOC is a separate entity from DOCCS.
3 However, if an incarcerated
4 individual were to do that, they are required to
5 write their name and return address on the
6 envelope that they use to contact the SCOC. And
7 in fact the superintendent of a facility can
8 authorize that that privileged correspondence be
9 read by staff.
10 So all of this is to say that right
11 now, without creating a mechanism for
12 incarcerated individuals to anonymously make
13 these reports to an entity that is independent
14 from DOCCS, New York is not in full compliance
15 with PREA.
16 SENATOR STEC: Will the sponsor
17 continue to yield.
18 ACTING PRESIDENT COONEY: Will the
19 sponsor yield?
20 SENATOR SALAZAR: Yes.
21 ACTING PRESIDENT COONEY: The
22 Senator yields.
23 SENATOR STEC: Thank you,
24 Mr. President.
25 Whether to assist in drafting this
3514
1 bill or in general as the chair of the
2 Crime Victims, Crime and Correction Committee, in
3 2022 you held a public hearing to investigate the
4 sexual assaults impacting incarcerated
5 individuals in DOCCS.
6 Your sponsor memo states: "Multiple
7 organizations and formerly incarcerated impacted
8 individuals testified at this hearing, detailing
9 specific incidents of sexual assault while
10 incarcerated, most of which never received
11 timely, appropriate or adequate care or responses
12 to grievances or reports filed against the
13 individuals who assaulted them."
14 Were sexual assaults impacting staff
15 investigated during this hearing?
16 SENATOR SALAZAR: Through you,
17 Mr. President. Yes, absolutely.
18 And in fact, correction officers,
19 both in local correctional facilities and
20 correction officers from state facilities
21 testified at the hearing.
22 SENATOR STEC: Will the sponsor
23 continue to yield?
24 ACTING PRESIDENT COONEY: Will the
25 sponsor yield?
3515
1 SENATOR SALAZAR: Yes.
2 ACTING PRESIDENT COONEY: The
3 Senator yields.
4 SENATOR STEC: So as the chair of
5 the Corrections Committee, have you ever met with
6 any COs to discuss their experiences with sexual
7 assault in correctional facilities?
8 SENATOR SALAZAR: Through you,
9 Mr. President, yes, I have.
10 SENATOR STEC: Will the sponsor
11 continue to yield?
12 ACTING PRESIDENT COONEY: Will the
13 sponsor yield?
14 SENATOR SALAZAR: Yes.
15 ACTING PRESIDENT COONEY: The
16 sponsor yields.
17 SENATOR STEC: Can you say when
18 those were or give a little background on what
19 and when?
20 SENATOR SALAZAR: Sure. Through
21 you, Mr. President, yes. I couldn't cite a date
22 at this moment. But in this current year I know
23 that my office has met with correction officers
24 about this issue and about other issues that they
25 deal with in their workplace.
3516
1 On multiple occasions I have met
2 with -- not just including the hearing that we
3 held in 2022, but since then, have met with
4 correction officers to talk about their
5 experiences. They were private meetings so, you
6 know, I shouldn't divulge more than that. But I
7 did meet with them.
8 SENATOR STEC: Will the sponsor
9 continue to yield?
10 ACTING PRESIDENT COONEY: Will the
11 sponsor yield?
12 SENATOR SALAZAR: Yes.
13 ACTING PRESIDENT COONEY: The
14 sponsor yields.
15 SENATOR STEC: On May 9th of 2023,
16 here at the Capitol, there was a bipartisan
17 majority-led press conference here in the Capitol
18 surrounding the issue of corrections officers
19 concerned about sexual assaults in prisons, where
20 again, as I mentioned previously, several female
21 corrections officers came and shared their
22 experiences.
23 Were you present at that press
24 conference or did you meet with those corrections
25 officers in the lead-up to that press conference?
3517
1 SENATOR SALAZAR: Through you,
2 Mr. President. While I don't know that this is
3 related to this bill in this way, I don't know
4 where I was in on May 9, 2023, other than
5 probably in the Capitol. I truly don't know if I
6 was in attendance at that press conference.
7 SENATOR STEC: Will the sponsor
8 continue to yield for two more questions?
9 ACTING PRESIDENT COONEY: Will the
10 sponsor yield?
11 SENATOR SALAZAR: Yes.
12 ACTING PRESIDENT COONEY: The
13 sponsor yields.
14 SENATOR STEC: Thank you.
15 So as the chair of the Corrections
16 Committee, are you open to holding a hearing to
17 investigate the impacts of sexual assaults on
18 corrections officers and civilian staff?
19 SENATOR SALAZAR: Through you,
20 Mr. President. As Senator Stec knows, in 2022 I
21 cochaired a hearing that addressed sexual
22 violence in correctional facilities, and included
23 testimony from correction officers who have been
24 subject to sexual violence in correctional
25 facilities. It was the first hearing of its kind
3518
1 that has ever been held in the history of the
2 New York State Senate.
3 I certainly wouldn't be opposed to
4 holding a hearing like it. I also wouldn't be
5 opposed to hearing testimony about this subject
6 tomorrow when we are holding a hearing right here
7 in the State Capitol to discuss violence in our
8 state prisons.
9 SENATOR STEC: Will the sponsor
10 continue to yield for that final question.
11 ACTING PRESIDENT COONEY: Will the
12 sponsor yield?
13 SENATOR SALAZAR: Yes.
14 ACTING PRESIDENT COONEY: The
15 sponsor yields.
16 SENATOR STEC: Thank you. Thank
17 you, Senator.
18 So the hostile amendment to this
19 bill today, this Senate Bill 3517, by
20 Senator Scarcella-Spanton, would make forcible
21 touching of a corrections officer a Class E
22 felony. Will you work with your colleague to see
23 that CO protections like the one in her bill
24 become law?
25 SENATOR SALAZAR: Through you,
3519
1 Mr. President, I will gladly discuss that with
2 Senator Scarcella-Spanton.
3 But I would argue that it is not
4 germane to this bill, which is related to
5 ensuring that incarcerated individuals who,
6 again, don't currently have the ability to
7 report -- at least freely and anonymously report
8 sexual violence committed against them, that they
9 would be able to do so.
10 So yes, beyond the context of the
11 bill before us today, I would certainly have that
12 discussion with my colleague.
13 SENATOR STEC: Thank you,
14 Mr. President.
15 On the bill.
16 ACTING PRESIDENT COONEY: Senator
17 Stec on the bill.
18 SENATOR STEC: You know, I'm not
19 even a member of the Corrections Committee, but I
20 do represent a lot of corrections officers.
21 I have seven correctional facilities
22 in my Senate district, and I've been in and out
23 of them a lot over the years, both as a Senator
24 and prior to that in the Assembly.
25 And the consistent drumbeat that
3520
1 I've heard over the years, and especially since
2 the passage and implementation of the HALT Act,
3 are about the concerns for their safety. And the
4 statistics and the stories and the injuries that
5 I've seen to our corrections officers and staff,
6 our employees, is astounding to me.
7 To the point, again -- and I
8 apologize to sound like a broken record, but it's
9 important. We're talking about people's lives
10 and safety and the dangerous job. These folks
11 violated the Taylor Act and took a
12 two-day-for-one penalty, and then on top -- under
13 law, for violating that act by going out on an
14 illegal strike, and then on top of that had its
15 own employer, the state government and the
16 executive, turn on it and retaliate and pile on
17 with unnecessary and beyond what's required in
18 the law punishments.
19 Where thousands of COs left because
20 they're concerned about their safety. And we've
21 been -- this was the first strike since 1979. It
22 lasted 22 days. It is literally unprecedented in
23 our state's history. It is certainly the most
24 significant incident that's happened in
25 corrections in the state since the riots at
3521
1 Attica.
2 And we've been talking about it and
3 we're spending a hundred million dollars a month,
4 according to the Governor's budget office, on
5 untrained, unqualified National Guard people
6 instead of rehiring COs. And they're still
7 working 12-hour shifts on and off and no end in
8 sight. You know, the staffing levels haven't
9 gotten any better. I wonder why.
10 And we've been talking about it. We
11 talked about it in the budget. We've had hostile
12 amendments on it. No one in this chamber can be
13 unaware of the failure of our correctional system
14 right now where inmate-on-inmate assaults have
15 doubled in the last couple of years,
16 inmate-on-staff have doubled in the last couple
17 of years.
18 And I just -- this bill, who's
19 against investigating and holding people
20 accountable for sexual assaults in prison? But
21 it doesn't go far enough. Because it addresses
22 part of the problem. It talks about
23 inmate-on-inmate assaults, but it ignores
24 inmate-on-COs-and-staff.
25 And to bring this bill forward in
3522
1 the context of what's going on today, in 2025,
2 with all these prison safety issues and strikes
3 and unprecedented problems in corrections, it
4 just astounds me, the Majority's continued
5 stubborn indifference to, and if not outright
6 disregard for the safety of our COs and civilian
7 staff. It's just deeply disturbing to me.
8 ACTING PRESIDENT COONEY: Are there
9 any other Senators wishing to be heard?
10 Seeing and hearing none, debate is
11 closed.
12 The Secretary will ring the bell.
13 Senator Liu.
14 SENATOR LIU: Upon consent, we've
15 agreed to restore this bill to the
16 noncontroversial calendar.
17 ACTING PRESIDENT COONEY: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 180th day after it
21 shall have become a law.
22 ACTING PRESIDENT COONEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT COONEY: Senator
3523
1 Helming to explain her vote.
2 SENATOR HELMING: Thank you,
3 Mr. President.
4 This bill fails to address the need
5 to conduct thorough and impartial investigations
6 into all reported incidents of sexual assaults
7 within our correctional facilities.
8 It was several months ago when the
9 bipartisan Legislative Women's Caucus held a
10 meeting and we heard from several female
11 corrections officers not only about the sexual
12 harassment and assaults they endured, but about
13 all of the assaults and attacks that they have
14 endured.
15 And these all happened, again, as
16 state employees in our state facilities. The
17 women shared how they have been traumatized and
18 scarred for life. That wasn't so surprising to
19 me based on what they have endured. But what was
20 surprising to me that came out of those meetings
21 is how their families, their children, have also
22 been traumatized by those attacks.
23 These women, they begged the female
24 legislators who are members of the Legislative
25 Women's Caucus, to take action to do something.
3524
1 But here we are months later, and before us
2 there's a bill that covers inmates only. This
3 bill should be expanded to include those who work
4 and serve in our state's correctional facilities.
5 And Mr. President, until it does, I
6 vote no.
7 ACTING PRESIDENT COONEY: Senator
8 Helming to be recorded in the negative.
9 Senator Salazar to explain her vote.
10 SENATOR SALAZAR: Thank you,
11 Mr. President.
12 After our state enacted the
13 Adult Survivors Act in 2022, more than 750 women
14 came forward to take legal action regarding
15 sexual assaults they experienced in New York
16 State prisons.
17 During just the following year-long
18 period in which survivors could file for civil
19 damages under the ASA, over 1,550 cases were
20 filed by formerly incarcerated individuals
21 alleging that they had suffered sexual abuse in
22 New York State prisons.
23 These assaults not only include
24 sexual violence but also severe retaliation and
25 threats when survivors attempted to report the
3525
1 abuse. In fact, the Sylvia Rivera Law Project
2 and TakeRoot Justice found that 75 percent of
3 formerly incarcerated respondents reported
4 experiencing or witnessing firsthand at least one
5 instance of sexual violence by a correction
6 officer when they were incarcerated. Two-thirds
7 of those who reported their assaults faced
8 retaliation including physical violence, property
9 destruction, being written up on false
10 challenges, and being denied meals.
11 As the data shows, the process of
12 relying on DOCCS OSI to investigate its own staff
13 when reports of sexual misconduct are made
14 against them is deeply ineffective. Complaints
15 are largely unaddressed and frequently result in
16 retaliation. We need an independent entity to
17 investigate these reports in New York instead.
18 Without meaningful accountability,
19 sexual violence will continue in our state
20 prisons.
21 Today I urge my colleagues to once
22 again vote in favor of this bill, which would
23 authorize the State Inspector General to
24 confidentially receive and investigate complaints
25 of sexual assault in DOCCS facilities.
3526
1 All survivors of sexual assault
2 deserve justice, regardless of where the assault
3 occurred. The feckless system that allows this
4 to continue must be changed. And this bill is
5 desperately needed in order to begin to achieve
6 that.
7 I vote aye.
8 ACTING PRESIDENT COONEY: Senator
9 Salazar to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 256, voting in the negative are
13 Senators Borrello, Helming, Walczyk and Weik.
14 Ayes, 53. Nays, 4.
15 ACTING PRESIDENT COONEY: The bill
16 is passed.
17 Senator Liu, that completes the
18 reading of today's calendar.
19 SENATOR LIU: Mr. President, is
20 there any further business at the desk?
21 ACTING PRESIDENT COONEY: There is
22 no further business at the desk.
23 SENATOR LIU: Then I move to
24 adjourn until tomorrow, Wednesday, May 14th, at
25 3:00 p.m.
3527
1 ACTING PRESIDENT COONEY: On
2 motion, the Senate stands adjourned until
3 Wednesday, May 14th, at 3:00 p.m.
4 (Whereupon, at 5:22 p.m., the Senate
5 adjourned.)
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