Regular Session - March 21, 2023

Download PDF

 1                NEW YORK STATE SENATE








 9                  ALBANY, NEW YORK

10                   March 21, 2023

11                      3:28 p.m.



14                   REGULAR SESSION




18  SENATOR SHELLEY B. MAYER, Acting President









 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:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, Monday, 

16    March 20, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Friday, March 17, 

18    2023, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good afternoon, 

 7    Madam President.  

 8                 Amendments are offered to the 

 9    following Third Reading Calendar bills:  

10                 By Senator Thomas, Calendar Number 

11    325, Senate Print 358;

12                 By Senator Mayer, Calendar Number 

13    417, Senate Print 2299;

14                 And by Senator Webb, Calendar Number 

15    506, Senate Print 4266. 

16                 ACTING PRESIDENT MAYER:   The 

17    amendments are received, and the bills will 

18    retain their place on the Third Reading Calendar.  

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   I now move to 

21    adopt the Resolution Calendar.

22                 ACTING PRESIDENT MAYER:   All those 

23    in favor of adopting the Resolution Calendar 

24    please signify by saying aye.

25                 (Response of "Aye.")


 1                 ACTING PRESIDENT MAYER:   Opposed?  

 2                 (No response.)

 3                 ACTING PRESIDENT MAYER:   The 

 4    Resolution Calendar is adopted.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Madam President, 

 7    let's begin by taking up previously adopted 

 8    Resolution 541, by Senator Breslin, have that 

 9    resolution read in its entirety, and recognize 

10    Leader Stewart-Cousins on the resolution.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will read.

13                 THE SECRETARY:   Senate Resolution 

14    541, by Senator Breslin, mourning the death of 

15    James E. Long, former Commissioner of the 

16    New York State Legislative Bill Drafting 

17    Commission, renowned attorney, and devoted public 

18    servant.

19                 "WHEREAS, There are certain 

20    outstanding members of our community who, through 

21    their selfless commitment and dedication, have 

22    served to better the quality of life in our 

23    community and have had a measurable positive 

24    impact on the lives of its residents; James E. 

25    Long was one such individual; and 


 1                 "WHEREAS, It is with profound sorrow 

 2    and deep regret that this Legislative Body 

 3    records the passing of James E. Long, noting the 

 4    significance of the loss of a man whose 

 5    altruistic spirit will be greatly missed; and 

 6                 "WHEREAS, James E. Long of Albany, 

 7    New York, died on Tuesday, March 7, 2023, at the 

 8    age of 71; and 

 9                 "WHEREAS, Born on November 15, 1951, 

10    James Edward Long was the son of the late Edward 

11    J. Long and Antonia Bruno Long; and 

12                 "WHEREAS, James E. Long received his 

13    bachelor's degree from the State University of 

14    New York at Albany in 1974; he went on to earn 

15    his law degree from the University of 

16    New Hampshire Franklin Pierce School of Law in 

17    1978, and was admitted to the New York State Bar 

18    in 1979; and 

19                 "WHEREAS,  James 'Jim' Long began 

20    his illustrious career with the New York State 

21    Legislative Bill Drafting Commission after his 

22    appointment by the leader of the Senate as a 

23    commissioner on January 11, 2010, serving until  

24    January 11, 2011; he was reappointed commissioner 

25    of the Legislative Bill Drafting Commission by 


 1    Senate Leader Andrea Stewart-Cousins on 

 2    January 2, 2019, where he remained until his 

 3    official retirement on January 5, 2023; and

 4                 "WHEREAS, In addition to his work 

 5    with the New York State Legislative Bill Drafting 

 6    Commission, James E. Long served as the Albany 

 7    County Public Defender and as a former special 

 8    counsel to the New York State Senate Democratic 

 9    Conference; he also served as law clerk for late  

10    New York State Supreme Court Justices the 

11    Honorable Paul Cheeseman and the Honorable Daniel 

12    Prior, as well as Albany County Surrogate  

13    Raymond Marinelli; and 

14                 "WHEREAS, Furthermore, James E. Long 

15    served as an attorney in private practice for 

16    more than 45 years, specializing in criminal 

17    defense, election law, labor law, and trial  

18    practice, and for many years he represented the 

19    Construction and General Laborers Local 190 

20    (LIUNA); and 

21                 "WHEREAS, Having tried over 

22    100 cases to verdict in state and federal court, 

23    James E. Long developed an impeccable reputation 

24    for his balanced temperament, noble dedication, 

25    and superior litigation skills; and 


 1                 "WHEREAS, Widely respected and 

 2    greatly admired for his unremitting commitment to 

 3    the field of law, James E. Long was cited on a  

 4    number of occasions for his prolific 

 5    contributions, including his selection to 

 6    Super Lawyers (2011-2013), a peer designation 

 7    awarded only to a select number of accomplished 

 8    attorneys in each state; and 

 9                 "WHEREAS, James E. Long was a 

10    tireless advocate for those in recovery for 

11    alcohol and substance use issues and he was 

12    especially passionate in assisting those in the 

13    legal profession navigating sobriety while 

14    balancing their careers; and 

15                 "WHEREAS, James E. Long's spirit and 

16    zest for life was apparent by his embrace of 

17    culture through worldly travels, time spent 

18    reading historical novels, mentoring countless 

19    loved ones, and fueled by his passion for 

20    convertibles; and 

21                 "WHEREAS, Throughout James E. Long's 

22    many endeavors, his daughter Darcy, son-in-law  

23    Mike, and granddaughter Madeline consistently 

24    remained the most fundamental, supportive, and 

25    cherished part of his life; and 


 1                 "WHEREAS, James E. Long served the 

 2    Legislative Bill Drafting Commission and the 

 3    New York State Senate with dependability, honor 

 4    and integrity, earning him the respect and 

 5    affection of his staff and peers, while 

 6    effectively fulfilling the duties of his position 

 7    and contributing significantly to the legislative 

 8    process of this great Empire State; and 

 9                 "WHEREAS, Every person in New York 

10    State has most certainly benefited, in one way or 

11    another, from the deep dedication, intelligence 

12    and commitment that James E. Long brought to his 

13    work as an attorney, commissioner, and public 

14    servant; a loyal friend and trusted advisor who 

15    had a profound effect on the many lives he 

16    touched, he will be deeply missed and truly 

17    merits the grateful tribute of this Legislative  

18    Body; and 

19                 "WHEREAS, Armed with a humanistic 

20    spirit, and imbued with a sense of empathy, 

21    James E. Long's life was a portrait of service, a 

22    legacy which will long endure the passage of time 

23    and will remain as a comforting memory to all who 

24    were privileged to have known and loved such an 

25    amazing man; now, therefore, be it 


 1                 "RESOLVED, That this Legislative 

 2    Body pause in its deliberations to mourn the 

 3    death of James E. Long, and express its deepest 

 4    condolences to his family; and be it further 

 5                 "RESOLVED, That a copy of this  

 6    resolution, suitably engrossed, be transmitted to 

 7    the family of James E. Long."

 8                 ACTING PRESIDENT MAYER:   Leader 

 9    Stewart-Cousins on the resolution.

10                 SENATOR STEWART-COUSINS:   Thank you 

11    so much, Madam President.  

12                 And I want to thank Senator Breslin 

13    for bringing this resolution before this body.

14                 It is a very sad day that we have to 

15    mourn the death of one of our family members, and 

16    that's how we considered James Long.  He was here 

17    for many of us in so many ways, and it was a 

18    privilege for me to be able to appoint this 

19    amazing man as our bill draft commissioner.

20                 A lot of times in that role you 

21    never saw him, but everything went just as it had 

22    to go in order to make sure that the people of 

23    New York were served.

24                 But as they say in the Bible, you 

25    know them by their fruit.  And James Long left a 


 1    lot, a lot, a lot of wonderful, wonderful, 

 2    wonderful mentees who have gone on to carry on 

 3    the spirit of his compassion, his passion for the 

 4    law, his passion for justice, his passion for 

 5    just making sure he could make someone else's 

 6    life a little better.

 7                 When I talked to the Secretary of 

 8    the Senate, Ale Paulino, and we talked about her 

 9    experiences as a young lawyer and how, no matter 

10    what, he could give her direction or say, Look, 

11    you need a little something, come work for me.  

12                 If it was there was a lawyer that 

13    was a little down on their luck, he would make 

14    sure that cases went their way.  There was no 

15    distance that was too far for James Long to go.

16                 And so you've got, I think as 

17    evidence, in the gallery so many who have come to 

18    hear us pay tribute.  We can only hope that on 

19    this floor we articulate what is in your hearts 

20    and your minds as we remember this great 

21    individual, as we send condolences to his family, 

22    but also in this body let his family know that he 

23    will never be forgotten, that we are all the 

24    beneficiaries of what he had to teach.

25                 And the other thing that he tried to 


 1    teach us is that, you know, try and make time for 

 2    yourself, make time for family, make time, try 

 3    and grab a little time and sit by that seaside.  

 4    It didn't work out for him.  I mean, he left at 

 5    the end of January, he retired, and before we 

 6    knew it, he had fallen ill and has departed.  

 7                 So he meant to spend that moment, 

 8    but the fact is some people just have a life of 

 9    service.  And the life of James Long is a life of 

10    service, and we are forever grateful that he 

11    shared his life with us.

12                 Thank you so much, Madam President.

13                 ACTING PRESIDENT MAYER:   Thank you, 

14    Madam Majority Leader.  

15                 Senator Breslin on the resolution.

16                 SENATOR BRESLIN:   Thank you very 

17    much, Madam Chairman.  And those are hard words 

18    to follow.  

19                 Jim Long was a special friend who -- 

20    I'll fill in some of the blanks -- who has a 

21    background being from Albany, Irish neighborhood 

22    much like the one I was in.  We went to the same 

23    high school.  I was somewhere a little bit behind 

24    him.  But he became an orphan when he was 17 

25    years old, and he had at that time a little older 


 1    brother and a little younger brother.  So he was 

 2    in high school when that happened.  

 3                 He worked so many different jobs to 

 4    get through the University at Albany, to get 

 5    through law school, to come back and start a life 

 6    as a lawyer.  And boy, did he start a life that's 

 7    memorable.

 8                 He worked for three of the best 

 9    judges in the area as a law clerk.  And for the 

10    lawyers in the room, they know what a law clerk 

11    is.  We know why judges hire them.  We hire them 

12    to write decisions, because some judges know that 

13    they might even be smarter than the judge 

14    themself.  And so for those three judges, he 

15    became a law clerk.  

16                 And while I'm at it, I should 

17    recognize a number of people in the audience, 

18    many of whom are judges, including Carmelo 

19    Loquidara; Will Little, who worked in here as our 

20    counsel; Ryan Donovan; Christina Ryba; Mike 

21    Mackey; Richard McNally; Tom Marcelle; Pat and 

22    Laura Jordan; Allison Polemeropolous; Francisco 

23    Calderon -- and it doesn't end there, if I can 

24    turn the page.  

25                 Don Boyajian, who he practiced law 


 1    with; Matt Hauf; Mary Pat Donnelly, the district 

 2    attorney of Rensselaer County; District Attorney 

 3    David Soares and his former staff; members of the 

 4    Bill Drafting Commission; and finally, Assembly 

 5    and Senate Revision Committee.  

 6                 And I'm sure there are others who 

 7    are here that we acknowledge you and thank you 

 8    for your attendance at this very, very special 

 9    occasion.

10                 And after his law clerk days he 

11    worked in various jobs, but he became a very, 

12    very important part of the fabric of our 

13    community.  You know, election law -- I always 

14    think of election law as being a phenomenon that 

15    has 50 elected officials, and only one knows 

16    anything about election law.  The other 49 went 

17    to Jim Long.  

18                 (Laughter.)

19                 SENATOR BRESLIN:   And just so you 

20    understand, both sides, Democrats and 

21    Republicans, Jim Long was responsible for the 

22    election of Republican judges, Republican DAs.  

23    He never, ever, ever, to me or anyone I know, 

24    turned around and said, I'm not helping him.  

25                 And he wasn't a millionaire by any 


 1    means, and the people went without being charged 

 2    for their help in those political situations.  I 

 3    know many times I'd call him on the phone just to 

 4    ask a question about it.  He was always there.  

 5                 And the number of lawyers and judges 

 6    who have called me in the last few days to talk 

 7    about the fabric and character and love that he 

 8    had for the law and for his fellow man was unlike 

 9    anyone you had ever met.  

10                 And he went then to work for the 

11    New York State Senate.  The same thing happened.  

12    He was always trying to help somebody, and he had 

13    the heart to help them.  Unfortunately he did 

14    help them with his heart, but his own suffered 

15    for the last number of years, including a very 

16    advanced procedure at the Cleveland Clinic about 

17    two years ago.

18                 And all he longed for, all he longed 

19    for in his life -- remember, he was -- you know, 

20    he became an orphan at 17.  His two brothers 

21    predeceased him.  He had one daughter.  And that 

22    one daughter -- who was also a former chief of 

23    staff in the New York State Senate, and I enjoyed 

24    her working for me.  But one daughter and one 

25    grandchild who lived in South Carolina.  And all 


 1    he could think of, time after time again, all he 

 2    could think of was his ability to retire.  

 3                 And he had a special house right 

 4    down the street from his daughter.  And what 

 5    happened?  He got to Carolina, his troubles 

 6    began, and within a month he passed.

 7                 It's unfair.  I say it out loud, 

 8    it's unfair that he's not here with us.  And I 

 9    can tell you from the bottom of my heart, this 

10    has been one of the most trying couple of days 

11    getting up to speak about my friend Jim Long.  It 

12    isn't as -- it's pretty easy if you're standing 

13    up and you're talking about a general who you've 

14    never met and giving him a great deal of praise.  

15    When it's someone who's been next to you for -- 

16    and he practiced over 40 years and did so much, 

17    just so much in between.  

18                 And when Ale talked about Jim -- Ale 

19    became like a daughter to Jim Long.  And everyone 

20    was his friend.  

21                 He never, ever, ever gave any 

22    indication that I or anyone else owed him for the 

23    work that he had done.  And how many of our 

24    legislators and people in government treat us 

25    that way?  They expect, if you do something, many 


 1    of us expect a favor in return.  Jim didn't 

 2    operate that way.  He didn't operate politically 

 3    that way.

 4                 And to me, it's such a tremendous, 

 5    tremendous loss.  And I pray and grieve for his 

 6    daughter; I pray and grieve for his son-in-law, 

 7    Michael.  I pray and grieve for their daughter, 

 8    Madeline.  It's a special, special tribute to 

 9    Jim Long, my dear friend who I will always 

10    remember.  

11                 And he had some little side thing.  

12    He did so much for people in recovery.  And there 

13    are literally -- I know hundreds, I think 

14    hundreds of people who he voluntarily helped in 

15    recovery, never asking for anything.  And his 

16    only -- only reward was helping them get back to 

17    a normal life.

18                 And as you know, recovery acts I 

19    think among lawyers to a greater extent than it 

20    might happen to other professions because of the 

21    pressure we're under.

22                 I never saw Jim under pressure.  I 

23    never saw Jim get upset and mad.  I always saw 

24    Jim Long trying to do the best.

25                 And, you know, I always remember, 


 1    with someone like a Jim Long, George Bernard Shaw 

 2    saying:  People say things that they see, he 

 3    dreams things that never will be.  

 4                 And so I hold my head up high when I 

 5    say Jim is watching down on us.  He knows that we 

 6    were there for him at every step of the way and 

 7    that he gave his heart to all of us, both 

 8    physically, literally, absolutely.

 9                 Thank you very much.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 Senator Gianaris on the resolution.

13                 SENATOR GIANARIS:   Thank you, 

14    Madam President.  

15                 It is a rare individual in this 

16    business that we're in who is universally beloved 

17    by friend and foe alike.  And that was Jim Long.  

18                 When I think of Jim, the picture 

19    that comes to mind is one that Senator Breslin 

20    just referenced -- just calm.  In the face of a 

21    storm, when everyone else is pulling their hair 

22    out, you go and ask Jim a question and all of a 

23    sudden you feel like everything's going to be 

24    okay.

25                 He was involved in so many of our -- 


 1    of our political combats here in this chamber.  

 2    You know, it took us a while to get here to the 

 3    majority, as many of my colleagues know.  And he 

 4    was involved in the what sometimes felt like 

 5    hand-to-hand combat of these court battles after 

 6    elections.  We've had races decided by 18 votes.  

 7    We've had one decided by 10 votes.  

 8                 And when you're in those kinds of 

 9    situations, you're looking at every piece of 

10    paper, you're arguing about a little tear or a 

11    mark on the paper.  And Jim was always the one 

12    who would center us and say "It's going to come 

13    out the way it's supposed to come out.  The will 

14    of the voters will be respected."  And you end up 

15    just finding a way to get through it all.

16                 He brought that with him to his work 

17    here in the Senate as well.  Someone who was a 

18    role model for many of us.  And I daresay, at 

19    least speaking for myself, I don't live up to the 

20    standard that Jim Long set.  I say that with a 

21    chuckle because many of my colleagues know that 

22    many of us fall short of that ideal of working 

23    for the people without getting caught up in the 

24    combat.

25                 And so I will always remember Jim 


 1    for that.  I will always appreciate him for that.  

 2    And I will always try and remember, as we do our 

 3    best to set policy in this state, how would Jim 

 4    react and how would he want us to react.

 5                 And so I thank him for that example 

 6    and give my condolences and best wishes to his 

 7    family.  

 8                 And thank you for the opportunity to 

 9    speak, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 Senator Mayer on the resolution.

13                 SENATOR MAYER:   Thank you, 

14    Madam Leader.

15                 I have the distinguished privilege 

16    of theoretically having Jim Long work for me when 

17    I became the counsel to the Senate Minority in 

18    the early 2007s and '08s.  But really I worked 

19    for Jim Long.  Because Jim Long had both the 

20    actual knowledge of how every detail of courts 

21    worked and how our laws would apply in real life, 

22    and he brought that to us.

23                 And also the equanimity that you 

24    described, Senator Breslin.  This incredible 

25    sense of calm and that we all play by the rules.  


 1    The rules are the things that govern us.  Our job 

 2    is to be fair.  Our job is to be decent.  Our job 

 3    is to treat each other with respect.  

 4                 And he taught me so much.  In the 

 5    first place, he taught me about how this 

 6    legislature worked, which really, you know, to 

 7    someone who comes here, is a pretty up uphill 

 8    battle.  And so he taught me that.  

 9                 Then he also taught me about how the 

10    laws we adopt would work out in City Court, in 

11    Supreme Court, in Surrogate's Court -- all the 

12    real life implications, based on his real 

13    experience.

14                 And then, third, he set such a high 

15    bar for ethical standards.  Really for the 

16    highest practice of law, that practicing law was 

17    something that you held in high regard, both 

18    personally and you expected others to do so.  

19    That there was this sense of calm and that 

20    fairness would prevail.  And at the end of the 

21    day that we were involved in a very esteemed 

22    profession here, being lawmakers, something that 

23    he personally respected greatly and took so 

24    seriously.  

25                 Yes, he was involved in all of our 


 1    partisan fights, but he did it with remarkable 

 2    skill as well as calmness that very few people, 

 3    as Senator Gianaris said, actually exhibit in 

 4    these combats that we sometimes engage in.

 5                 So I was incredibly just so 

 6    fortunate to have had Jim Long as a leader, as a 

 7    teacher, and as someone who set the highest 

 8    example of the ethical standards that we as 

 9    lawmakers should strive for.  May his memory be a 

10    blessing.  

11                 And I send my love and condolences 

12    to his family and to all those who are here today 

13    to honor his memory.

14                 Thank you, Madam President.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 Senator Mannion on the resolution.

18                 SENATOR MANNION:   Thank you, 

19    Madam President.  

20                 I want to make some brief comments 

21    regarding being involved in three close 

22    elections.  

23                 One great thing about running for 

24    political office when you're not a part of the 

25    political world is that you meet great people and 


 1    you establish new friendships.  Well, Jim Long 

 2    was there for me when I needed him.  

 3                 And most people don't want an 

 4    election lawyer around in almost any 

 5    circumstance, but I needed one and he was there.  

 6    And as Senator Gianaris said, he was the calm in 

 7    the face of a storm.  And for somebody new to the 

 8    political world, he was very reassuring to me and 

 9    my wife, who he referred to as my bride.  

10                 And with that, God bless you, Jim, 

11    and thank you.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you, Senator.

14                 The resolution was previously 

15    adopted on March 15th.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Thank you, 

18    Madam President.  We're now going to move on to 

19    previously adopted Resolution 544, by Senator 

20    Hinchey.  Please read that resolution's title and 

21    recognize Senator Hinchey.

22                 ACTING PRESIDENT MAYER:   The 

23    Secretary will read.

24                 THE SECRETARY:   Senate Resolution 

25    544, by Senator Hinchey, memorializing 


 1    Governor Kathy Hochul to proclaim March 20-24, 

 2    2023, as Agriculture Week in the State of 

 3    New York.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Hinchey on the resolution.

 6                 SENATOR HINCHEY:   Thank you, 

 7    Madam President.  

 8                 I want to start first just sending 

 9    my condolences for Jim Long and to his family.  A 

10    long legacy that will not be forgotten.  Thank 

11    you to my colleagues for their beautiful words.

12                 But I rise today to wish everyone a 

13    Happy Ag Day and Ag Week.

14                 When people think about New York, 

15    they don't necessarily think about agriculture.  

16    And yet New York is an ag state.  Many of my 

17    colleagues have heard me say that before.  And 

18    looking to the future, our agriculture here is 

19    going to be more important than ever.  

20                 With the impacts of the climate 

21    crisis, we are going to continue to see major 

22    agricultural production states across our 

23    country -- Florida, California and states in the 

24    midwest -- underwater and facing severe droughts.  

25    And that sets up New York to become the 


 1    breadbasket of our country once again.  And so 

 2    making sure that we are supporting our 

 3    agricultural businesses and our farmers is 

 4    paramount.

 5                 Here in New York we have over 

 6    9 million acres of farmland -- 54 percent of that 

 7    is nationally significant farmland.  And these 

 8    farm businesses produce $44 billion of economic 

 9    stimulus.

10                 We are number one in dairy here in 

11    New York.  Our farms are primarily small and 

12    mid-sized family-owned farms.  And we are really 

13    leading the way across the country in making sure 

14    that we are leading on the climate crisis and 

15    that we are actually protecting our natural 

16    resources, stewarding our land, protecting our 

17    water, and sequestering carbon.

18                 We have so much more to do to 

19    support our agricultural businesses.  And for 

20    this Ag week and Ag Day today, I am rising to say 

21    thank you to our farmers and to support them in 

22    everything they need to do here across New York.

23                 Thank you.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Borrello on the resolution.


 1                 SENATOR BORRELLO:   Thank you, 

 2    Madam President.  

 3                 I'd like to start off by thanking 

 4    the chair of Agriculture, Senator Hinchey, for 

 5    this resolution today.  And Happy Agriculture 

 6    Day, Happy Agriculture Week here in New York 

 7    State.  

 8                 You know, I am the grandson of grape 

 9    farmers.  My grandfather supplied grapes to 

10    household names like Welch's and others.  We are 

11    proud of our history here of agriculture in 

12    New York State.  

13                 Ninety-eight percent of the farms in 

14    New York State are family-owned farms, some of 

15    them for hundreds of years, dating back to the 

16    Revolution.  New York State is an agriculture 

17    state, and New York State is driven, our economy 

18    is driven by agriculture.

19                 We are number one in so many things, 

20    like dairy.  We are number one in the production 

21    of things like yogurt and cottage cheese and 

22    other dairy products.  We are number two for 

23    maple and snap peas.  

24                 We produce thousands of jobs, 

25    billions of dollars in economic impact, and it is 


 1    indeed the backbone of our economy.  

 2                 The bottom line, folks, is without 

 3    farms, there is no food.  No farms, no food.  So 

 4    if you ate today, thank a farmer.  

 5                 And let's continue to make New York 

 6    State a strong agricultural state and support 

 7    them with good legislation that strengthens our 

 8    agriculture industry.

 9                 Happy Agriculture Week, 

10    Madam President.

11                 ACTING PRESIDENT MAYER:   Thank you, 

12    Senator Borrello.

13                 The resolution was previously 

14    adopted on March 15th.

15                 Senator -- Serrano, I'm sorry.  A 

16    change of course here.

17                 SENATOR SERRANO:   Yes.  Thank you, 

18    Madam President.  

19                 Let's please take up previously 

20    adopted Resolution 463, by Senator Kennedy, let's 

21    read the resolution title only, and recognize 

22    Senator Kennedy on the resolution.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Senate Resolution 


 1    463, by Senator Kennedy, memorializing 

 2    Governor Kathy Hochul to proclaim March 2023 as 

 3    Irish American Heritage Month in the State of 

 4    New York.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Kennedy on the resolution.  

 7                 SENATOR KENNEDY:   Thank you, 

 8    Madam President.  

 9                 It is on this emotional day that we 

10    share in this chamber that I stand to celebrate 

11    March as Irish American Heritage Month here in 

12    the great State of New York.

13                 Just this past Friday we celebrated 

14    St. Patrick's Day on the 17th.  And from New York 

15    City to Long Island to Buffalo and everywhere in 

16    between, we celebrated the great Irish culture, 

17    the Irish roots that we all have come to know and 

18    love -- something that I personally am very proud 

19    of in my own family ancestry.  

20                 But something that oftentimes is 

21    overlooked as we celebrate Irish American 

22    Heritage Month is the indelible, unique and 

23    intimate impact that the Irish have played in all 

24    of our lives throughout the course of history -- 

25    human history, dating back tens of thousands of 


 1    years, to American history over nearly 250 years 

 2    here, Madam President.

 3                 When we talk about American history, 

 4    we also talk about Irish history because the two 

 5    are intertwined.  Many immigrants that poured 

 6    their blood, sweat and tears into the passion of 

 7    this country, from the very inception of this 

 8    country -- even before it, from the very earliest 

 9    days of the fight for freedom, as George 

10    Washington's generals, 20 of which were 

11    native-born Irish.  A quarter of the American 

12    Revolutionary Army was Irish-born.  

13                 It was on April 2, 1784 -- 239 years 

14    ago, almost to the date -- that Lord Mountjoy on 

15    the floor of the English Parliament stated that 

16    America was lost by Irish immigrants, that it was 

17    the Irish language spoken among the Revolutionary 

18    Army just as much as the English language.  

19                 And it was in every successive war 

20    over the course of American history that the 

21    Irish have played an extraordinary role in, 

22    including from the War of 1812 to the great 

23    Civil War, where hundreds of thousands of Irish 

24    off the boat went and fought for the Union Army 

25    with the famed "Fighting 69th" Infantry of 


 1    New York, who fought with courage and sacrifice 

 2    on the battlefields of that American Civil War.  

 3                 I wear this tie here today.  It is a 

 4    tie dedicated to the 69th Battalion, the 

 5    Fighting 69th, the Irish battalion.  The Armory 

 6    down on Third and 28th in Manhattan has in it 

 7    incredible American history.  That same brigade, 

 8    the Fighting 69th, was led by an individual, a 

 9    great American leader, Thomas Francis Meagher, 

10    who in 1848, in the Rebellion, flew the first 

11    tricolor, the green, white and orange -- the 

12    green that represented the Irish Catholics, the 

13    orange that represented the English Protestants, 

14    and the white that represented the peace.  

15                 One hundred seventy-five years ago, 

16    Thomas Francis Meagher led a rebellion against 

17    the English Crown, was captured with others, 

18    sentenced to death.  His sentence was commuted.  

19    He was sent to Tasmania, modern-day Australia, 

20    escaped prison, came to New York and shortly 

21    thereafter became a brigadier general of the 

22    Union Army, of the Fighting 69th.  

23                 He became a confidant of 

24    Abraham Lincoln and went on to become the first 

25    appointed governor of the great State of Montana.  


 1    Shortly after, he was murdered, thrown off a ship 

 2    in the Missouri River, in his early forties.  

 3    Just one example of Irish history and its impact, 

 4    not just on our great country here in the United 

 5    States, but on New York.

 6                 Fast forward, World War I.  That 

 7    same battalion, the 69th, the same Armory.  "Wild 

 8    Bill" Donovan, born in my neighborhood -- the 

 9    Old First Ward in South Buffalo -- a general in 

10    World War I, took his soldiers into the fight on 

11    the frontlines.  Won the Congressional Medal of 

12    Honor.  And when he won that medal, he pinned it 

13    up in the Armory down in Manhattan.  It still 

14    sits there today.  

15                 And he put a note on there, and it 

16    said "This medal is for those soldiers that were 

17    left behind."  Every single Congressional Medal 

18    of Honoree that's won that medal in the 

19    69th Battalion has since pinned their 

20    Congressional Medal of Honor underneath Bill 

21    Donovan's.

22                 World War II.  All of those that 

23    enlisted that made the ultimate sacrifice, that 

24    came home, that set up roots that then became a 

25    part of the fabric of our country in every way.  


 1    That rose to the highest heights of our 

 2    government, like John Fitzgerald Kennedy, for 

 3    example, and all the Kennedy family.  They came 

 4    over during the Great Hunger, An Gorta Mór, in 

 5    the mid-19th century.  A manufactured famine by 

 6    the oppressors.  And as he rose in the ranks to 

 7    the highest levels of government, so does his 

 8    family and became the great pride of the nation 

 9    across the pond.

10                 Today, President Joe Biden, Joe 

11    Finnegan Biden, represents our country as the 

12    president of the United States, the second Irish 

13    Catholic in the history of our country, the first 

14    since John F. Kennedy.  And on March 1st, 

15    President Biden declared Irish Heritage Month 

16    nationally.

17                 In every single military event in 

18    the United States history -- including recently 

19    the conflict in Afghanistan, where Navy Seal 

20    Lieutenant Michael P. Murphy of Smithtown, 

21    New York, made the supreme sacrifice and received 

22    the first Congressional Medal of Honor in that 

23    conflict -- the Irish have played a pivotal role.  

24                 Make no mistake, our country exists 

25    today, the United States of America, because of 


 1    the Irish.  But make no mistake, Ireland is the 

 2    land it is today because of America.  And just 

 3    over a century ago, when Pádraig Pearse stood on 

 4    the front steps of the GPO and unfurled his 

 5    vision for peace and freedom for the Irish people 

 6    that had been oppressed for about 800 years, 

 7    since they were first invaded in 1166 by the 

 8    English occupiers -- the United States has played 

 9    an instrumental role to the extent, when 

10    Pádraig Pearse read those words, he cited the men 

11    and women of the great United States of America, 

12    those that fled the homeland in Ireland.  

13                 It was the geography of Ireland that 

14    has undoubtedly played this critical role in the 

15    relationship between our two great lands:  

16    Ireland, an island between Western Europe and the 

17    Western Hemisphere.  The Irish came over in a 

18    great movement during The Hunger, but of course 

19    before then and after then.  Many of our 

20    collective ancestors in this room, and throughout 

21    the diaspora -- 32 million-plus across our 

22    country, nearly 10 percent of our country's 

23    population base some of their lineage back to 

24    Ireland.

25                 And what is it that makes us Irish?  


 1    You know, you never forget where we come from, 

 2    right?  All of us.  You know, this auspicious 

 3    body is made up of an extraordinarily diverse 

 4    group of people.  What we represent -- 

 5    Democrat and Republican, men and women from all 

 6    across this great state -- is the diversity not 

 7    just of our state but of our nation.

 8                 And so we all, in our own regard, in 

 9    our own ethnicity and ancestry, are often 

10    celebrating our ethnicity and where we come from.  

11    Being Irish, we've had a troubled past.  And I 

12    talk about the last 800-plus years of oppression.  

13    But you know, Ireland is the land of saints and 

14    scholars, an ancient land.  Over 30,000 years 

15    occupied by the human race; still today, across 

16    Ireland, they find ancient burial grounds or 

17    ancient cities that have been buried over time.

18                 But, you know, as history would have 

19    it, and as colonization happened across the 

20    globe, and oppression happened, over the 

21    centuries it was the denial of human rights, the 

22    human rights that we take for granted every 

23    single day today in this great state and in this 

24    great country that were denied of the Irish, in 

25    our homeland.  The right to free speech, speaking 


 1    our native language, practicing our religion, 

 2    celebrating our culture -- even dancing -- 

 3    outlawed.  And certainly we didn't even merely 

 4    consider the right to vote that was stripped 

 5    away.

 6                 But it was those injustices that 

 7    drove the Irish to rebel against the Crown.  And 

 8    as we moved across the globe, 80 million strong, 

 9    in the diaspora, it was that fight for human 

10    rights and for justice, the sense of justice, 

11    that drove us and drove us every day.  The very 

12    heart that millions of Irish arrived in New York 

13    City and Boston and up into Canada and across the 

14    Eastern Seaboard and down into South America, 

15    escaping that hunger and injustice in hopes of a 

16    better life.

17                 But here in America, building the 

18    United States brick by brick, laying railroads, 

19    building bridges, building the skyscrapers, 

20    building the infrastructure, investing in human 

21    capital, fighting for rights -- but celebrating 

22    the arts and science, sports, education, law -- 

23    every facet of American life has been impacted by 

24    the Irish, and dare I say even politics.

25                 We will continue to fight for those 


 1    human rights.  We will call out those that deny 

 2    those human rights.  

 3                 And Ireland over the years has 

 4    evolved as well.  And as we celebrate our 

 5    Irishness, we have to consider how Ireland has 

 6    evolved.  Ireland today is one of the most 

 7    progressive countries in the entire world.  Today 

 8    the LGBTQ community celebrates its rights with 

 9    great pride, and we stand with them.  Women in 

10    Ireland celebrate their rights to get their own 

11    healthcare, and we stand with them.  The Irish 

12    have directed not only us here in this state and 

13    in this country how to stand up for each other 

14    and human rights, but to stand up across the 

15    globe.

16                 When you think about Ireland, you 

17    also think about the difficult history that has 

18    cut the country in two:  The 26 counties in the 

19    Republic, the six counties in the North.  You 

20    know, I talk about that 800-year injustice of the 

21    occupation of the Crown in Ireland.  That was the 

22    independence and the fight back in 1916 through 

23    the early 1920s that resulted in the treaty that 

24    made the island broken into two, that resulted, 

25    throughout the many decades to come, in the 


 1    Troubles -- that were finally, finally put to 

 2    rest with the great Good Friday Peace Agreement 

 3    of 1998.

 4                 This year, just next month, we 

 5    celebrate 25 years of peace in the North.  And we 

 6    are on track to once and for all unify the island 

 7    for the first time in nearly a millennium.  We're 

 8    excited for that day, and that day will come.  

 9    And we will be standing there together as New 

10    Yorkers, as Americans, and as fellow Irish 

11    diaspora to celebrate how far the great island of 

12    Ireland has come, how far we've come together to 

13    as two great nations.  

14                 As the Taoiseach, Leo Varadkar, 

15    stood with President Biden on Friday night in the 

16    White House and they exchanged a bowl of 

17    shamrocks for the 75th year in a row since 1948, 

18    when Harry Truman was president, to recognize 

19    that incredible strength and power of our two 

20    countries coming together -- for love, for peace, 

21    for justice, for human rights.

22                 And as a proud Irish-American, 

23    Madam President, on this day and throughout this 

24    month I want to thank my colleagues for 

25    recognizing the impact Ireland and the Irish have 


 1    had on our state, on our nation, and on society 

 2    across the globe.  And I thank you for your 

 3    indulgence as we recognize right here in this 

 4    great chamber, here in the State of New York, 

 5    Irish American Heritage Month.

 6                 Thank you, Madam President.

 7                 (Applause.)

 8                 ACTING PRESIDENT MAYER:   Thank you, 

 9    Senator Kennedy.  

10                 The resolution was previously 

11    adopted on February 28th.  

12                 Senator Serrano.

13                 SENATOR SERRANO:   Thank you.  At 

14    the request of the sponsors, the resolutions are 

15    open for cosponsorship.

16                 ACTING PRESIDENT MAYER:   The 

17    resolutions are open for cosponsorship.  Should 

18    you choose not to be a cosponsor on the 

19    resolutions, please notify the desk.

20                 Senator Serrano.

21                 SENATOR SERRANO:   Thank you.  Let's 

22    please take up the reading of the calendar.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


 1    201, Senate Print 724, by Senator Serrano, an act 

 2    to amend the Environmental Conservation Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Senator 

11    May to explain her vote.

12                 SENATOR MAY:   Thank you, 

13    Madam President.  

14                 Yesterday we had a spirited 

15    discussion about the idea of green energy leasing 

16    on state forestlands.  And while I disagreed with 

17    some of the criticisms of my bill, I was thrilled 

18    to hear my colleagues across the aisle expressing 

19    enthusiasm for carbon sequestration as a way to 

20    promote -- or to combat global warming.

21                 And I'm thrilled to be able to 

22    support this bill, and I thank the sponsor, 

23    Senator Serrano, for this bill because it 

24    promotes carbon sequestration in two absolutely 

25    critical ways.  


 1                 The first, and by far the best way 

 2    to do carbon sequestration, is to keep fossil 

 3    carbon from ancient forests in the ground.  This 

 4    bill prevents leases of -- for gas exploration on 

 5    state forestlands, and so will keep fossil carbon 

 6    in the ground.

 7                 The other way that it's important 

 8    for carbon sequestration is because our living 

 9    forests today are under immediate threat from 

10    global warming -- threat from droughts and 

11    wildfires, from extreme weather, from the 

12    migration of pests that are killing off species 

13    like our ash trees and hemlock trees right now.  

14    Threats from acid rain from the burning of fossil 

15    fuels.  And just the gradual change in 

16    temperature that is threatening a lot of species.  

17                 In fact, our maple trees probably 

18    will not be able to survive in New York State.  

19    Certainly within some of our lifetimes we won't 

20    have -- we won't see maple trees anymore in 

21    New York State.

22                 So this bill is one piece of a big 

23    puzzle of trying to promote carbon sequestration 

24    and to reverse global warming.  And so I'm very 

25    proud to vote aye on this bill.


 1                 Thank you.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    May to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 201, those Senators voting in the 

 7    negative are Senators Oberacker, O'Mara and Ortt.

 8                 Ayes, 59.  Nays, 3.

 9                 ACTING PRESIDENT MAYER:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    211, Senate Print 1979, by Senator Cleare, an act 

13    in relation to requiring the Empire State 

14    Development Corporation.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT MAYER:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT MAYER:   Senator 

23    Cleare to explain her vote.

24                 SENATOR CLEARE:   Thank you, 

25    Madam President.


 1                 The average cost of installing even 

 2    the simplest commercial kitchen can be $20,000 or 

 3    more, which is prohibitive for so many 

 4    entrepreneurs who have a unique product to bring 

 5    to the marketplace, especially in communities of 

 6    color.

 7                 It is proven that shared commercial 

 8    kitchens are a viable solution to this challenge, 

 9    but we do not have nearly enough of them, and 

10    access is not prioritized to those who need it 

11    the most.

12                 The purpose of this bill is to 

13    require a study and action plan concerning the 

14    transformative effects of locating small kitchen 

15    incubators on public and private college campuses 

16    and in public housing developments.  

17                 In addition, Empire State 

18    Development is charged with further developing 

19    comprehensive business and advisory services to 

20    fully complement kitchen incubator services to 

21    help ensure that start-ups have every opportunity 

22    to succeed.

23                 As we move as a state to push 

24    forward to recover from the various impacts of 

25    COVID, I believe that we must be smart and target 


 1    our investments in economic development, and this 

 2    bill represents the very best kind of concept, 

 3    utilizing existing community partners and proven 

 4    shared resources to further and support the 

 5    economic strength and viability of the residents 

 6    of our state.  

 7                 I proudly vote aye.

 8                 ACTING PRESIDENT MAYER:   Senator 

 9    Cleare to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 211, voting in the negative:  

13    Senator Skoufis.

14                 Ayes, 61.  Nays, 1.

15                 ACTING PRESIDENT MAYER:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    212, Senate Print 395, by Senator Cleare, an act 

19    to amend the Social Services Law.

20                 ACTING PRESIDENT MAYER:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Cleare to explain her vote.

 4                 SENATOR CLEARE:   One of the 

 5    critical pieces of information we've learned from 

 6    listening to experts and advocates and survivors 

 7    of human trafficking is that a tremendous amount 

 8    of victims are recruited via social media.  

 9                 This connection is demonstrable when 

10    you consider the following facts.  According to 

11    Human Trafficking Institute's 2020 report from 

12    2000 to 2020, at least 30 percent of sex 

13    trafficking victims were recruited online.  In  

14    2020 alone, at least 41 percent of victims were 

15    recruited online.  Online solicitation accounted 

16    for 81 percent of all federal sex trafficking 

17    prosecutions filed since 2000.

18                 We have focused this session on 

19    eradicating human trafficking through a number of 

20    pipelines such as transportation centers, and 

21    today we turn our proactive efforts to ending 

22    human trafficking at its most emergent source, 

23    social media.  This bill will require the 

24    New York State Interagency Task Force on 

25    Human Trafficking, which has existed since 2007, 


 1    to investigate the connection between social 

 2    media and human trafficking and issue an 

 3    actionable report thereon.

 4                 It is believed that a multi-agency 

 5    and multidisciplinary report will give us a 

 6    comprehensive blueprint to not only fight but 

 7    stop human trafficking through social media.

 8                 I proudly vote aye.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Cleare to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 62.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    213, Senate Print 799, by Senator Comrie, an act 

17    to amend the Social Services Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 213, those Senators voting in the 

 4    negative are Senators Borrello, Gallivan, Griffo, 

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

 6    Palumbo, Stec, Tedisco, Walczyk, Weber and Weik.

 7                 Ayes, 47.  Nays, 15.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    259, Senate Print 2518, by Senator Ramos, an act 

12    to amend the Labor Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT MAYER:  Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 62.

24                 (Discussion off the record.)

25                 THE SECRETARY:   In relation to 


 1    Calendar Number 259, voting in the negative:  

 2    Senator Palumbo.

 3                 Ayes, 61.  Nays, 1.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    266, Senate Print 1360, by Senator Kennedy, an 

 8    act to amend the Vehicle and Traffic Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect on the 30th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 62.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    324, Senate Print 1124, by Senator Cooney, an act 

24    in relation to conducting a study of public and 

25    private museums in New York State.


 1                 ACTING PRESIDENT MAYER:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT MAYER:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT MAYER:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar Number 324, voting in the negative:  

12    Senator Skoufis.

13                 Ayes, 61.  Nays, 1.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    403, Senate Print 1160, by Senator Skoufis, an 

18    act to amend the Education Law.

19                 ACTING PRESIDENT MAYER:   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 MAYER:   Call the 

25    roll.


 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 62.

 5                 ACTING PRESIDENT MAYER:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    421, Senate Print 1748, by Senator Sanders, an 

 9    act to amend the Banking Law.

10                 ACTING PRESIDENT MAYER:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

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

14    shall have become a law.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 421, those Senators voting in the 

22    negative are Senators Borrello, Gallivan, Griffo, 

23    Helming, Mattera, Murray, Oberacker, O'Mara, 

24    Ortt, Palumbo, Rolison, Stec, Tedisco, Walczyk, 

25    Weber and Weik.


 1                 Ayes, 46.  Nays, 16.

 2                 ACTING PRESIDENT MAYER:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    427, Senate Print 4305, by Senator Parker, an act 

 6    to amend the Public Service Law.

 7                 ACTING PRESIDENT MAYER:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Senator 

15    Walczyk to explain his vote.

16                 SENATOR WALCZYK:   Thank you, 

17    Madam President.  

18                 This Senate Bill 4305 will require 

19    cell providers or anyone who owns a cellphone 

20    tower to make a report to the Public Service 

21    Commission by 2025 on how they're going to fully 

22    electrify that tower.  And they have to do that 

23    by 100 percent renewable energy to power the 

24    cellphone tower by 2031.  

25                 On its face -- I know with a lot of 


 1    the goals that the Climate Action Council has 

 2    laid forward, on its face this may sound like 

 3    it's in line with where New York State is going.  

 4                 I don't believe that this is a 

 5    well-intentioned bill.  I think this is 

 6    actually -- and I know we often say that -- oh, 

 7    this bill has great intent, if only you changed a 

 8    couple of things.  In this case I think we've 

 9    missed it entirely.  We're once again missing the 

10    forest for the trees, and this is dangerous.

11                 In rural areas of New York State 

12    backup generators are often required exactly for 

13    the reasons that long transmission lines to a 

14    cellphone tower way out in a remote area, if they 

15    go down, they are way late on the priority list 

16    for emergency services who are concerned with 

17    urban areas where densely populated areas need to 

18    get the power back on.  They're not as concerned 

19    about sending power out to those areas.  And 

20    likely you, for your constituents, want them 

21    concerned about the urban areas before they're 

22    concerned about long transmission lines out into 

23    the woods to power a cellphone tower.  

24                 So the solution is already out 

25    there.  Backup generators already exist and, like 


 1    I said, in many areas are required.  Some of 

 2    these cellphone towers have somewhere between 

 3    four and 48 hours of backup batteries.  But as we 

 4    know, after long-term power outages, backup 

 5    generators are required.  Once again, these could 

 6    be diesel, they could be propane, they could be 

 7    natural gas depending on what the area has.

 8                 This bill has the unintended 

 9    consequence, I believe, of putting some of the 

10    forestlands in New York State in danger 

11    because -- look at the options.  Some towers are 

12    actually completely off-grid currently.  Members 

13    of this body, before they vote, might not know 

14    that.  But there are some completely detached 

15    from the grid.  

16                 So that means if it sits in a 

17    Forest Preserve area like the Adirondack Park, 

18    that tower will need transmission lines, which 

19    means you're going to require trees to be cut 

20    down to get to that tower in order to connect it.  

21    Or it will need to cut trees down in a larger 

22    footprint to allow for the renewable energy that 

23    may be required by 2031 in this legislation.

24                 This bill is much more than just a 

25    study on how to power cellphone towers.  It's 


 1    setting a very dangerous precedent.  You don't 

 2    want to mess with this.  Right now counties, 

 3    emergency services, cellphone towers are working 

 4    in concert to make sure that there's connectivity 

 5    for your emergency services and for constituents 

 6    that need to call those emergency services.

 7                 And, listen, when the power goes out 

 8    you want to make sure that your police officers, 

 9    your firefighters and your EMS can get connected 

10    to people who are in emergency situations.

11                 This is ill-advised and can be very 

12    dangerous for a lot of areas of New York State.  

13    So, Madam President, I'll be voting no, and I 

14    encourage my colleagues to do the same.

15                 ACTING PRESIDENT MAYER:   Senator 

16    Walczyk to be recorded in the negative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 427, those Senators voting in the 

20    negative are Senators Ashby, Borrello, Gallivan, 

21    Griffo, Helming, Lanza, Murray, Oberacker, 

22    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

23    Tedisco, Walczyk, Weber and Weik.  Also Senator 

24    Martins.  Also Senator Mattera.  

25                 Ayes, 42.  Nays, 20.


 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    431, Senate Print 3114, by Senator Mannion, an 

 5    act to amend the State Technology Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

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

10    shall have become a law.

11                 ACTING PRESIDENT MAYER:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT MAYER:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 62.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    442, Senate Print 4647, by Senator Kennedy, an 

21    act to amend the Vehicle and Traffic Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 7.  This 

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


 1    shall have become a law.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 62.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    467, Senate Print 2450, by Senator Krueger, an 

12    act to amend the Penal Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of November.

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.  

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Senator 

21    Scarcella-Spanton to explain her vote.

22                 SENATOR SCARCELLA-SPANTON:   Thank 

23    you, Madam President.  

24                 In today's modern world we need to 

25    be vigilant in protecting people against all 


 1    forms of harassment, especially when it comes to 

 2    electronic communication.  This commonsense 

 3    legislation will close the loophole that would 

 4    allow perpetrators to weaponize technology -- 

 5    whether it be harassing and threatening text 

 6    messages, unsolicited photos, or menacing 

 7    emails -- to face the penalty of aggravated 

 8    harassment in the second degree.  

 9                 This bill will further protect 

10    victims of harassment, especially those who are 

11    experiencing domestic violence.  As technology 

12    has advanced, so too has the means in which 

13    abusers use this tactic to maintain power and 

14    control of their victims.  Among phone calls, 

15    individuals who are intent on harassment will 

16    often use technology as a weapon to taunt, bully 

17    and monitor their victims.

18                 According to the National Network to 

19    End Domestic Violence survey of survivor 

20    networks, an alarming but unsurprising 96 percent 

21    of victims reported that their abusers were also 

22    harassing them via text.  

23                 Whether you are the victim of 

24    physical or emotional abuse, chances are you are 

25    being coercively controlled using technology in 


 1    the process.  

 2                 I thank and commend Senator Krueger 

 3    for introducing this legislation and proudly vote 

 4    aye.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Scarcella-Spanton to be recorded in the 

 7    affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 467 --

11                 ACTING PRESIDENT MAYER:   I'm sorry.  

12                 Senator Krueger to explain her vote.

13                 SENATOR KRUEGER:   Thank you, 

14    Madam President.  

15                 Well, I want to thank my colleague 

16    for getting up and giving the speech I intended 

17    to give.  So thank you very much.  

18                 And also would urge that all my 

19    colleagues vote for this commonsense bill that is 

20    truly critical in people's lives in this day and 

21    age.

22                 Thank you, Madam President.  I vote 

23    yes.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Krueger to be recorded in the affirmative.


 1                 Announce the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 467, those Senators voting in the 

 4    negative are Senators Brisport and Salazar.

 5                 Ayes, 60.  Nays, 2.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    468, Senate Print 2922, by Senator Cleare, an act 

10    to amend the Penal Law.  

11                 ACTING PRESIDENT MAYER:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect on the first of November.

15                 ACTING PRESIDENT MAYER:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT MAYER:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 468, voting in the negative:  

22    Senator Lanza.

23                 Ayes, 61.  Nays, 1.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


 1                 THE SECRETARY:   Calendar Number 

 2    479, Senate Print 4354, by Senator Breslin, an 

 3    act to amend the Insurance Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 62.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    481, Senate Print 623, by Senator Kavanagh, an 

18    act authorizing and directing the Committee on 

19    Open Government to study proactive disclosure as 

20    a means of increasing transparency.  

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT MAYER:   Call the 


 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 62.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 Senator Serrano, that completes the 

 9    reading of today's calendar.

10                 SENATOR SERRANO:   Thank you.

11                 Is there any further business at the 

12    desk?

13                 ACTING PRESIDENT MAYER:   There is 

14    no further business at the desk.

15                 SENATOR SERRANO:   Okay.  I move to 

16    adjourn until Wednesday, March 22nd, at 3:00 p.m.

17                 ACTING PRESIDENT MAYER:   On motion, 

18    the Senate stands adjourned until Wednesday, 

19    March 22nd, at 3:00 p.m.

20                 (Whereupon, at 4:30 p.m., the Senate 

21    adjourned.)