New York State SmartTranscripts:

[Acting President (Presiding Officer)]: The senate will come to order. I ask everyone to please rise and recite the pledge of allegiance. I pledge allegiance to the flag of The United States Of America and In the absence of clergy, let us please bow our heads in a moment of silent reflection or prayer. Reading of the journal.

[Secretary of the Senate (Reading Clerk)]: In senate Tuesday, 02/03/2026, the senate met pursuant to adjournment. Journal of Monday, 02/02/2026 was read and approved. A motion to senate adjourn.

[Acting President (Presiding Officer)]: Without objection, the journal stands approved as read. Presentation of petitions, messages from the assembly. The secretary will read.

[Secretary of the Senate (Reading Clerk)]: Senator Fernandez moves to discharge from the committee on labor, assembly bill number six eighteen, substituted for the identical senate bill four ninety six, third reading calendar one thirty. Senator Jackson moves to discharge from the committee on rules assembly bill number ninety four sixty four, substituted for the identical senate bill eighty eight thirty three, third reading calendar one fifty six. Senator O'Dowell moves to discharge from the committee on rules of senate bill number ninety four thirty three, a substituted for the identical senate bill eighty eight eighty six, third reading calendar one fifty eight.

[Acting President (Presiding Officer)]: So ordered messages from the governor, reports of standing committees, reports of select committees, communications and reports from state officers, motions and resolutions. Senator Gianaris.

[Senator Michael Gianaris]: Good afternoon, mister president. On behalf of majority leader Stuart Cousins, I hand up the following, conference assignments for the majority. Ask that they be filed in the journal, and ask that you recognize, majority leader, Andrea Stewart Cousins.

[Acting President (Presiding Officer)]: The hand up is received and shall be filed in the journal. Majority leader, Stewart Cousins.

[Senator Andrea Stewart-Cousins]: Thank you so much, mister president. And I rise to welcome two new, senators to our chamber. We are very, very pleased to to have them, and I wanted the body to to meet them, before we start doing our work. So I'd first like to introduce, senator Eric Butcher. Today, thank you for coming. He's a city council. He was up until an hour or two ago with the city. But he comes to the chamber with a lifetime of public service shaped by lived experience, resilience, and unwavering commitment to inclusion. From growing up in a small town in the Adirondacks to becoming a leader in New York City, Eric served on the city council for four years after serving for seventeen years as a staffer to the council. Eric's dedicated his career to lifting up communities that have too often been left behind. He's been a trailblazer in the LGBTQ plus community and a key voice in the historic fight for marriage equality. He's consistently focused on making government more responsive, more compassionate, more effective for the people it serves. He'll be strong, principled, and a great addition to our conference, and we certainly are glad to welcome you to the state senate, senator Eric Bacha. And wait, wait, there's more. Very I said this is this is something I don't normally when we have special elections, it's usually one at a time, but today we have two. So I'd like you to meet my other new senator, new to our chamber, senator Jeremy Zellner. And I always say, where? How does this happen? The two Zellners? But this is I know. I mean, I don't even have two Smiths. But but but this is Jeremy Zellner as opposed to Zellnor Myrie. So that's what we're gonna everybody has to get used to. But for in introducing, our new senator, Senator Zellner has deep roots in Western New York, lifelong commitment to working families and to strengthening working families throughout New York State, certainly in Western New York. He's raised in a union household. He understands firsthand the dignity of work and the importance of economic fairness. As chair of the Erie County Democratic Party and as commissioner of the board of elections, he's shown what it means to lead with integrity, how to build consensus, and to protect our democracy. His experience and steady leadership will make him an invaluable member of this chamber. Jeremy Zelner strengthens our conference with his experience, his values, and his strong connection to the people of Western New York. We're proud to welcome senator Zellner to the state senate, and we look forward to your contributions and, again, the value that you will bring to our conference, but to the entire body and to this entire state of New York. Congratulations.

[Acting President (Presiding Officer)]: Thank you, Majority Leader Senator Giannaris.

[Senator Michael Gianaris]: At this time, Mr. President, I move to adopt the resolution calendar.

[Acting President (Presiding Officer)]: All those in favor of adopting the resolution calendar, please signify by saying aye. Aye. Opposed, nay. The resolution calendar is adopted. Senator Gianaris.

[Senator Michael Gianaris]: And now there's a privilege resolution at the desk by Majority Leader Stuart Cousins. Please take that up, read it in its entirety, and recognize senator Bailey to speak on the resolution.

[Acting President (Presiding Officer)]: There is a privilege resolution at the desk. The secretary will read.

[Secretary of the Senate (Reading Clerk)]: Resolution fifteen thirty five by senator Stuart Cousins, memorializing governor Kathy Hochul to proclaim February 2026, is black history month in the state of New York. Whereas black history month serves as an opportunity to recognize and celebrate the ingenuity, achievements, contributions, and resilience of African Americans throughout history. And whereas it is essential to recognize some of the most integral parts of black history including the struggles. And whereas the civil war was a defining moment in American history fought over the issue of slavery leading to the eventual liberation of millions of African Americans. And whereas the Emancipation Proclamation signed by Abraham Lincoln on 01/01/1863 declared that all enslaved individuals in confederate held territories were to be free, marking a critical step toward abolition of slavery. And whereas the passage of the thirteenth amendment to The United States constitution on 12/06/1865, formally abolished slavery in The United States, securing the freedom of African Americans and paving the way for future future civil rights advancements. And whereas in the face of enslavement, segregation, and discrimination, black Americans built institutions, advanced knowledge, preserved culture, and generated ideas that have profoundly shaped economic, scientific, artistic, and moral foundation of this nation. And whereas black history month was originally established as Negro History Week in 1926 by Doctor. Carter G. Woodson, a historian and educator. Celebration was later expanded to a month long observance recognized nationally each February to honor the enduring and profound impact of African Americans on the history, culture, and progress of The United States. And whereas, black resilience has also been a driving force in the progress and expansion of democracy and civil rights in The United States. Civil rights movement stands as one of the greatest testaments of black ingenuity and determination as African Americans organized visionary legal strategies, build powerful grassroots coalitions, and employ innovative forms of resistance that have reshaped the moral and political landscape of The United States. And whereas the civil rights movements was propelled by the brilliance and determination of leaders such as the reverend doctor Martin Luther King Junior, whose moral vision and strategic nonviolent resistance galvanized a national movement. Rosa Parks, whose courageous refusal to surrender her seat ignited the Montgomery bus boycott. John Lewis, whose unwavering commitment to justice and leadership on the front lines of the freedom rides and the Selma marches expanded voting rights nationwide. Ella Barker whose visionary organizing models empowered grassroots leadership and fueled the civil rights movement. Bryant Rustin whose strategic mastery was central to the success of the nineteen sixty three march on Washington. A, Philip Rudolph, whose pioneering leadership in the labor movement and founding of the brotherhood of sleeping car porters linked economic justice to civil rights and helped lay the groundwork for national civil rights mobilization. Fannie Lou Hamer whose fearless advocacy for voting rights expanded democratic participation and inspired national reform. And whereas black ingenuity has always been a defining force in shaping this nation exemplified by innovators such as Garrett Morgan invented the three position traffic signal and the safety hood that saved countless lives. Doctor Charles Drew, who revolutionized modern medicine through his breakthroughs in blood banking and plasma storage. George Washington Carver, who developed hundreds of agricultural innovations and transformed American farming. Benjamin Banneker, who built one of the first American clocks and contributed to the surveying of Washington DC. Madam CJ Walker, the first woman to become a self made millionaire in The United States, created a national hair care enterprise and one of the earliest networks of black women entrepreneurs. Lonnie Johnson, a NASA engineer and prolific inventor known for the super soaker in more than 100 patents. All of these individuals and more embody the creativity, brilliance, and transformative impact of black Americans throughout history. And whereas the creativity of black Americans is equally reflected in the cultural, artistic, and musical contributions that have shaped the nation. Including the fact that jazz, one of America's most influential and enduring art forms, was created by black musicians as seen in the work of Louis Armstrong, whose music and talent and talent transformed the genre. And Duke Ellington who redefined orchestral composition, globalized black musical traditions. And whereas across generations, black artists have shaped every major genre of music from blues, gospel, and jazz to rock, pop, R and B, and soul. Black musicians continue to innovate, creating new musical forms including rap and hip hop, which emerged as transformative genres and global cultural movements pioneered by visionaries such as DJ Kuhurt, Grandmaster Flash, Africa Bambada, Sugarhill Gang, Run DMC, Public Enemy, Queen Latifah among others. And whereas in literature, the voices of black authors and literary giants have long served as the conscious of the nation, offering narratives that change, challenge, inspire, and reveal profound truths about American life, including the work of Zora Neale Hurston, whose literary brilliance preserved black folklore and reshaped American literature. James Baldwin, whose insightful essays, novels, and moral clarity challenged the nation to confront the realities of race, identity, and democracy. Maya Angelou, whose poetry, memoirs, and activism gave voice to black to the black experience and broadened the scope of American literature. And Toni Morrison, who made literary history as the first African American woman to win the Nobel Prize in Literature in 1993. And whereas in recent decades, black Americans have contributed to drive innovation and shape the modern world as demonstrated by Robert L. Johnson who became the first black black billionaire after founding black entertainment television, transforming representation in television and entertainment. Sheila Johnson, the co founder of BET and a pioneer and business leader in hospitality and sports. Doctor Kismikia Corbett, whose scientific expertise was central to the development of the Moderna COVID nineteen vaccine. And Rihanna, whose Fenty brands revolutionized beauty and fashion through inclusive design and became the youngest self made black female billionaire. And whereas black athletes has transformed American sports and global athletics. From Jesse Owens, who's four gold medals at the nineteen thirty six Olympics, defied racism on the world stage. Jackie Robinson who broke Major League Baseball's Culverberry in 1947, and boxing champion Muhammad Ali whose unmatched skill and moral courage made him one of the most influential and decorated athletes in history. This legacy of excellence continues through modern champions such as Serena Williams, of one the most dominant tennis players of all times. Simone Biles, the most decorated American gymnast in history. The contemporary stars across basketball, football, track, and beyond. Including LeBron James, Stephen Curry, Gabby Thomas, and Sydney McLaughlin LeVron who carry forward a tradition of athletic excellence, cultural impact, and leadership on and off the field. And whereas the legacy of trailblazers in civil rights, politics, science, and space have paved the way for new milestones in the arts, global culture, and sports demonstrating the enduring impact of black achievements across time. And whereas Black History Month affirmed that black history is American history and recognizes that the struggles, triumphs, and contributions of black Americans are deeply rooted in the American dream and woven is the very fabric of this nation's story. And whereas this legislative body commends the African American community for preserving for future generations, the centuries old traditions that benefits benefit us all and add to the color and beauty of the tapestry which is our American society. Now therefore be it resolved that this legislation pausing its deliberations to to memorialize governor Kathy Hochul to proclaim February 2026 as black history month in the state of New York. And be it further resolved that copies of this resolution suitably engrossed be transmitted to the honorable Kathy Hochul, governor of the state of New York, and to the events commemorating the black history month throughout New York state.

[Acting President (Presiding Officer)]: Senator Gianaris.

[Senator Michael Gianaris]: Mister president, before we continue with this resolution, we have some important guests who have been waiting through the beginning of session. So please recognize Senator Ramos first for introduction and then Senator Bailey on the resolution.

[Acting President (Presiding Officer)]: Senator Ramos for an introduction.

[Senator Jessica Ramos]: Thank you, mister president. It is my distinct honor today to welcome to the floor the new consul general of Mexico in New York, Marcos Augusto Bucio Mujica, and his team Juanedi Briscanos Silva, political affairs adviser, and Francisco de la Parra, chief of staff. Consul Mujica is has now been elected president of the coalition of Latin American consuls in New York. Consul general Boussio brings nearly three decades of distinguished service from Mexico with experience spanning the Federal Electricity Commission, the ministries of agriculture and public education, and the Social Security Institute. He previously served as consul general in El Paso, Texas from '2 from 2016 to 2019. His leadership is vital for New York, and we're so thankful he's here. In in State senate district thirteen alone, Latinos compromise more than 60% of the population with the Mexican community forming a substantial and vibrant part of our neighborhoods like Corona, Jackson Heights, and Elmhurst. This year, the Mexican consulate is celebrating its two hundredth year in New York, And consul general Bussio and his team have already been an indispensable lifeline providing critical resources and protection for our Mexican community given significant political turmoil, particularly regarding immigration. And so we deeply appreciate his and his team's commitment to collaboration with our local government. We are grateful for his service and are delighted to have him and his team with us in the capital today. To

[Acting President (Presiding Officer)]: our guests, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of the house. Please rise and be recognized. Senator Bailey, on the privilege resolution.

[Senator Jamaal T. Bailey]: Thank you, mister president. Yes. Yes. It's black history month once again. Thank you to our leader, black history in motion, the great Andre Stewart Cousins, who was a part of black history. We are all parts of black history, and I'm honored to be able to speak on this resolution. Hundred years celebrating black history. The first 50 were Negro History Week, Black History Week. Since 1976, we've been having a whole month. Plenty of progress, but a lot more to be done, mister president. I'll talk about the black experience. I'll talk about my family group chat, which is the quintessential black experience. So this version this year, my aunt Barbara is doing a daily Black History Month question. And our family group chat has people from ages of when you are just getting your phone to ages well beyond. But it's a good reminder that there's so much about the rich history of African Americans that we do not know. It's interesting that in my family, people named Tony, Barbara, Esther, Gary, Stanley and Sherry had children named Rasan, Yousef, Jamal, and Ashika. The awakening of the diaspora. And you've heard me say it on this floor, I am so glad that God made me black. I love being black. I love us. I love everybody. I love us. I love the growing up black experience. I love how black folks rename songs. For the record, My Whole Life Has Changed is not the name of the song. The song is called Differences by Genuine. For the record, here's another one, Don't You Remember is not the name of the song by Luther Vandross, it's called Superstar. Any Are You Okay is not the name of the song. It is called Smooth Criminal. How Does It Feel by D'Angelo, may he rest in peace, is not the name of the song. It's called Untitled. But if you say to your Alexa, and there are black people that you know, they are saying this to their Alexa and they're getting the songs wrong all the time. It is part of the black experience. 07:00 on the Dot is not the name of the song, it's Nice and Slow by Usher. You see where we're going. It is okay for us to laugh through the pain, the collective pain that we have had as black folks Because when we get around each other there's just something special. Talked about the power of media and music, one of my favorite shows growing up, a little bit before my time, but it was called Good Times. And the theme song was keeping your head above water and making a way when you can. Temporary layoffs, good times. Easy credit ripoffs, good times. Scratching and surviving, good times. Now the good times was said in just in that song, but we have been able to make good times out of bad times. They gave us lemons, we made lemonade. That's nice. We made a dollar out of 15¢. Pac told us about that. I'm going talk to you about food, Mr. President. Soul food. Where does it come from? What does it mean? Soul food comes out of scarcity, enterprise, creativity, survival, and resilience. I'm going talk to you about my favorite food, collard greens in a minute. Talk to you about oxtail. Oxtail is is a is now a delicacy. It is now something that has sky high prices, but in the times of slavery it was literally cast away to give to the enslaved Africans. And we made something out of nothing, good times. Chicken was the only livestock that enslaved individuals were allowed to own, mister president. We made it our own. Good times. Collard greens, my favorite food. By the way, I'm top five dead or alive in collard greens ever. Ask about Whoever whoever you've had greens from, they made it a hotline, I made it a hot song, mister president. But collard greens, mister president, In the times of slavery, it was the one of the few vegetables that enslaved individuals were allowed to plant. And while collard greens do not come from Africa originally by origin, they come from the Mediterranean. The thing about collard greens is that

[Senator George Borrello]: they are

[Senator Jamaal T. Bailey]: resilient. Now you know in slavery, they weren't allowing, they weren't letting us till the soil. They weren't letting us fertilize the soil. So the greens themselves, in order to be able to grow in such a climate, in such a depraved soil, had to be extraordinary. They had to stand out. And with those greens, we took the ham hocks that they threw at us, literally threw at us. We took the pig's feet that they threw at us and the chitlins. I don't love chitlins myself, but they gave us lemons and we made lemonade. They gave us pieces of the pig and pieces of things that nobody else wanted to eat and we were able to utilize it in a manner to create delicacies, mister president. So a couple of years they said, a supermarket chain that will remain nameless said that collard greens are the new kale. Collard greens are not new to anybody. They are a staple of the diaspora. Now food is a really important part of the black experience. And I've seen things about reimagining collard greens, I don't know what that means. But sitting at the table and breaking bread from people that were broken means a big thing to me, mister president. Every New Year's, my family and many other African American families eat something called Hopin John, black eyed peas and collard greens. The black eyed peas represent good luck and the collard greens represent the wealth. And depending on if you eat pork or not, we throw some pork in there. Some of our folks have no pork on their their fork now, I respect it, but I still have a little bit of pork. And that's what we do every New Year's, that food, that table, that central place. Big mama's house, the kitchen, we bond around meals. Meals that are passed down through generations. Collard greens means a lot to me, mister president, because it is the first thing that I taught my daughters how to cook. At Thanksgiving, we'd buy the greens, you know you gotta wash them. And you know you gotta wash them again. And you got to wash them after that. And after you wash them, you take the you you the process of taking the greens, cleaning them, and ripping them, and turning them, however it is that you do. And my daughters and I, my son, we tried it this year with him, he's almost two and didn't really work out the way I planned it, but God's still working on us. But we were bonding through that experience, that recipe that we had, Mr. President. As I close, everybody has a special food, something that speaks to their soul. Whether you're of African descent or not, you have something that speaks to your soul. It is often said that we're losing the recipes. So colloquialism that we're saying because we were not passing the things down. The recipe that we have to continue to have is the prosperity that we have. Pass the recipe down. It came from a lineage. Respect the ancestors that traveled on dirt roads while we traveled on paved ones. We came from nothing. We came from soil that they wouldn't allow us to till. Now we've become some of the greatest gardeners in the world. So to my black people, continue to be the gardeners. May your blessings grow bountiful. May your harvest be full. And may we never forget how important black history is, because mister president, black history is American history. Happy black history month everybody.

[Acting President (Presiding Officer)]: Thank you, senator Bailey. Senator Baskin on the resolution.

[Senator April N. Baskin]: Thank you, mister president. Thank you to our esteemed leader and my colleagues for bringing the celebration of black history before our honorable body in its centennial year of being honored and celebrated in The United States Of America. Every time America enters a moment of fear, people say, we've never seen anything like this before. But nine times out of 10, whatever it is they're talking about, black Americans have seen it. Long before today's headlines, black communities lived under mass arrest, black communities live under family separation, under government surveillance, medical betrayal, voter suppression, and government sanctioned violence. What's happening in The United States today, mister president, may feel shocking and unthinkable in modern day society, modern day democracy. But what feels shocking to some in our nation actually feels very, very familiar to black Americans because every horrid headline in America today has a parallel chapter in black American history. Last week, we saw dozens of protesters arrested in Manhattan for staging a sit in inside of a hotel where federal immigration officers were staying. They were detained, loaded into buses, and charged for exercising their rights. Black history tells us that this is nothing new. During the civil rights movement, black Americans participating in sit ins at lunch counters and in public spaces were routinely arrested on bogus charges like loitering and disturbing the peace. Last month, the world watched as Alex Preti, a public servant who took care of America's veterans as a nurse, was fatally shot and murdered by federal officers. Black history teaches us that in 1962, Roman Duxworth Junior, a military police officer was going to visit his wife and his newborn baby at the hospital. He was ordered off of the bus that he was on and he was mistaken for a freedom rider and he was shot dead by police. Both men served this country. Both were killed by those sworn to uphold the law. Today, there are public health decisions being made without any scientific justification, restricting vaccines, crucial cutting to resources that help the research of HIV and cancer. Black history tells us that the federal government deliberately withheld treatment during the Tuskegee syphilis study, allowing more than a 100 black men to die so that their suffering could be documented. Today, reproductive rights are being rolled back. Roe versus Wade has been overturned. Access to IVF is being threatened. Women in low income communities across our country are losing access to care due to Medicaid cuts. This is not new to blacks. Black history teaches us that in the twentieth century, thousands of black women were forcibly sterilized without their consent in federally funded hospitals. Fannie Lou Hamer was one of those women who in 1961 was given a hysterectomy without her consent without her consent while undergoing surgery to remove a fibroid. This procedure was so common that it earned a disturbing nickname, a Mississippi appendectomy. On Sunday, five year old Liam Kanaho Ramos and his father returned home in many in Minneapolis twelve days after they were detained by immigration officers and held at an ICE facility in Texas. Black history shows us that during slavery, black families lived every day under the threat of having their children taken away from them. Family separation was a standard and deliberate practice of slave owners. Though today we are happy that Liam and his father are reunited and at home where they belong, we remember the black slaves who never ever got reunited with their families. Under Doge, the veteran affairs department cut 30,000 positions, many of them held by veterans. Black history teaches us that after World War two, black veterans were denied promises of the GI bill. They were locked out of home ownership and higher education opportunities while white families were built on generational wealth. Service at that time did not equal protection, and it often does not equal protection now. Last week, we saw a renewed effort to restrict the right to vote under the guise of election integrity. This is not new to black Americans. Black history teaches us that we, for generations, have faced literacy tests and poll taxes used as a way to exclude black voters from their right to choose who represents them. So when people approach me and say, senator Baskin, how do we decide how do we survive this moment? I tell them that black history answers. We already have. Black Americans endured slavery, lynching, segregation, medical abuse, family separation, voter suppression, and government sanctioned violence. Sometimes, we endured it all at the same time, and we did not survive these circumstances because the system protected us. We survived because we learned how to endure it when the system would not protect us. In closing, mister president, I believe that this year, this centennial year of the formal celebration of Black History Month in The United States can be more than just reflections or homage to the progress of black culture in this country. This year, I believe that black history must serve as a template for all Americans. It should remind us that even in our darkest hours of oppression, survival is possible. Now with the privilege provided to me by my ancestors, I proudly support this resolution. Thank you, mister president.

[Acting President (Presiding Officer)]: Thank you, senator Baskin. Senator Sanders on the resolution.

[Senator James Sanders Jr.]: Thank you, mister president. I'm almost scared to go after senator Baskin. All of my colleagues have spoke well here today, and I want to thank the leader for, allowing this opportunity to speak. What you're hearing is an attempt to distill four hundred years into three minutes or something of that nature. It's of course impossible, but it's it's it's a worthy try, especially when we're living in a day where as a historian by training, I'm really worried about American history. I'm worried that we are erasing American history, that they are those who are attempting to take the history books and rip whole, not just pages, chapters out of it. This is a great disservice to the American people. And I guess on a day like this, we we take a moment to speak, for America, for its history, and highlight the contributions of the black people, but you cannot separate one from the other. It's it's it's like trying to take your heart out and keep a body alive. You can't do it. Allow me to make some small contribution and I I will stop. As a historian, I want to remind you of a guy named Arturo Schomburg. Arturo Schomburg. He lived he was born in Puerto Rico. And as a youth, he was told early that there was no there's no such thing as black history. Blacks have no history. There's nothing that you you there's there's absolutely nothing there worth talking about. So he spent his life documenting the Afro Latino experience, the African American experience, and the African experience. He spent his life gathering all of the materials, books, and manuscripts, all of the things that you can imagine so that he could show to the world and to himself and to his children and his children's children's children that there was a history. He was a major figure during the Harlem Renaissance, and he was an advocate of Puerto Rico's and Cuba's freedom from Spain at that time. He he spent all of his time grabbing the artworks, the manuscripts, the rare books, the slave narratives. He did it so well that he turned over his collection to New York City Library and it is the foundation of the Schaumburg Library, the Schaumburg Center. Arguably, the best library on African culture in the world or African American culture in the world. He has been honored in many different ways. He was honored with a postage stamp. This country name put him on a postage stamp and he, in fact, let me give you an insight. The Koran that may mayor, Mandani used during his swearing in was actually one that Arturo Schomburg got. He was the one who grabbed that Koran and and put it into the library that was used by the mayor in his swearing in. In 2002, Arturo Schomburg was listed as the, one of the hundredth greatest African Americans. He defined himself as an Afro Bora Bora Boraican. Oh, lord. I messed that up. Work with me. It saved me from myself. Thank you. But that's how he defined his self and that's important for us to understand. My last point that I want you to remember about this incredible individual is what was said about him. It is said that when he had money, he bought books. When he had extra money, he bought food. That was his commitment to this, and I encourage future generations to have the same commitment. Some of the best writers and historians on on black history have been white just incidentally. This is something we all can share and move. Having said that, I proudly and and as let me channel my inner baskam and say, I am on behalf of my ancestors, I also proudly vote yes. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator Sanders. Senator Scarcella Spanton on the resolution.

[Senator Jessica Scarcella-Spanton]: Thank you, mister president, and thank you, of course, to leader Stuart Cousins for bringing this resolution to the floor. Today, I want to focus on the black New Yorkers who built, shaped, and continue to lead our communities. On Staten Island and Coney Island, black history is woven into our neighborhoods, institutions, and movements. Staten Island has a long and rich history, including the presence of one of the oldest continuously settled free black communities in The United States, Sandy Ground. Founded in the eighteen hundreds by oyster fishermen who built churches, schools, and mutual aid networks. These were the first free free African Americans to purchase lands on Staten Island. And here on the island, black history is not only preserved, it's passed down. We see this legacy through modern leaders like Shawnee Dixon, who is the direct descendant of Sandy Grounds and whose work reflects the same tradition of community stewardship. Shawnee opened a hugely popular restaurant on Staten Island. It has some of the best soul food you would ever taste. It actually is on the top 100 restaurants in the New York Times. And she's created a soul food sanctuary providing a space for mentorship, advocacy, and like I said, some of the best food. On Coney Island, local historians preserve black history not just through dates and buildings, but through the voices of people who lived it. Led by Charlie Denton, the oral histories particularly document how black families and workers helped sustain Coney Island through the so called process of urban renewal, beginning in the nineteen fifties and proceeding out through the seventies, which displaced many long term residents. In response, black community leaders emerged as tenant organizers, youth advocates, and labor leaders, fighting to protect housing, services, and dignity. I think of leaders like brother, brother Ron, who was impacted by this renewal as a young boy, but who still fights for the voices of Coney Islanders every day and lives on the West End in Coney Island. Black History Month reminds us that black history is not just something we remember, but something we live rooted in the lives of each and every one of our constituents. I thank leader Stuart Cousins, history maker herself for bringing this resolution forward and I proudly vote aye and I wish my constituents a very happy Black History Month. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator. Senator Brisport on the resolution.

[Senator Jabari Brisport]: Thank you, mister president, and, thank you to majority leader Andrew Andrea Stewart Cousins for introducing this resolution. Today, I wanna read from the blueprints left by the architects of our liberation. These aren't just quotes. They are a set of instructions for economic survival in 2026. First, chairman Fred Hampton, who taught us that identity alone isn't a policy. He said we're going to fight racism, not with racism, but with solidarity. We say you don't fight capitalism with no black capitalism, you fight capitalism with socialism. We're going to fight with all of us together, and we're going to have a democratic control of the things we need to survive. Hampton knew that black faces in high places doesn't change a system that thrives on poverty. In 2026, economic justice isn't about just more black billionaires. It's about collective ownership. It's about communities having the power to decide how their resources and labor are used. Next, Claudia Jones, who was deported from this country from her radical ideas. She reminded us that the economy is felt most sharply by those at the bottom. She wrote, the liberation of the most oppressed, black women, would mean the liberation of everyone because as workers, as black people, and as women, they face not equality but super exploitation. Jones Jones saw that our economy depends on the super exploitation of black labor, particularly black women's labor. Today, when we stand with nurses, when we advocate for higher pay for childcare workers, we are continuing Claudia's fight to ensure that those who do the most work aren't the ones left with the least. Finally, Kwame Ture warned us that being liked is not the same as being free. He said, if a white man wants to lynch me, that's his problem. If he's got the power to lynch me, that's my problem. Racism is not a question of attitude, it's a question of power. That power to lynch wasn't just physical, it was economic. It was the power to redline neighborhoods and keep black families from building equity. It was the power to exclude black veterans from the GI bill. It was the power to build a banking system that charges more to those who have the least. When we talk about racism today, we aren't just talking about attitudes or feelings, we are talking about the power to deny a generation the right to advance. History isn't something that happened, it's something we are making. All power to the people. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator Brispore. Senator Parker on the resolution.

[Senator Kevin S. Parker]: Thank you, mister president. I rise today to add my voice with my colleagues in celebrating African American History Month. And let me also begin by thanking our intrepid leader, Andrea Stewart Cousins, who is a history maker within herself being the first African American woman to lead this illustrious body or any legislative body here in in the state. Couple of points that I wanted to just to to make that I've made several times before, and we've heard heard some very poignant and good points from a lot of my colleagues. But for me, one of the important things to always remember is that African American history starts in Africa, not in America. Right? And so we're not talking about a 100 of history, we're talking about a hundred years of the celebration of understanding and spending time that's dedicated towards understanding the life and the legacy of people of African descent. But the history of African people goes back to the beginning of time, and I've talked about that in in other times. One of the things that's important for us to understand is that African American history is not just American history, it's world history. That without that that that the people that you see standing here all descend from Africa. And you find a archaeological record that says not only do you find the oldest surviving humanoids on the Continent Of Africa, but you find the first evidence of the most common person, Homo sapiens sapien, on the continent Of Africa. And so that's a critical point in terms of understanding. So African American history comes out of a place in which it is the the history of the world. And it's important to remember in this place and this time because white supremacy attempted and continues to attempt to not just deny the history of African people, not just in America, but in the world, but to deny our very humanity. And connecting to senator Briskor's point, which I never thought I would do on this floor, but that's my guy, your Brooklyn guy. Right? Is that white supremacy begins as an economic understanding. Right? And frankly, doesn't even begin with people of African descent. It actually, you know, really if you really wanna go back, starts earlier than that. But in in more recent times, look at the relationship between Great Britain and Ireland. That became the prototype of of the relationship that then became with African with African people. And the and the development of racism was really a social and economic and religious justification for the exploitation of free labor from Africa. That in the very beginning, no one actually believed the things that they were saying. Right? They they were just saying it. Right? There's a book by Stephen J. Gould called The Mismeasure of Man that talks about cranial capacity. Actually, the whole field and discipline of anthropology actually becomes develops out of the need to create a scientific justification for the exploitation of African people and base it in science, literally. In the same way that the field and discipline of sociology comes out of one man, W. E. B. Du Bois, who creates the first sociological study with the Philadelphia Negro. And so all of those things become part of this archive and this understanding of African people. And so it becomes important to have this month because it's been denied. And the and one of the first thing you see in this whole movement politically is to erase the existence of of African people. We see it in the federal administration that daily attacks disproportionately people of African descent, whether it's been our attorney general or people on the Federal Reserve. And so this is not just something that used to happen. And we understand that this 10,000 year old history is a part of the the history of the world. You can't disconnect it from the other parts of our history. You can't be a doctor and study Herodotus and not understand that Herodotus gets his understanding of medicine from ancient Egypt, from the African people, the people of Kmet. KMT referring to the people of the black lands of Kmet. And if you've been to Egypt, those Arab tour guys are not the people who built the pyramids. We'll come back in another month and talk about that. But in 1926, Carter G. Woodson, the second African American to get a PhD from Harvard, the boys being the first. And I think I said this last year, was interesting about I'll never forget this about Carter G. Woodson. He's the second black person to get a PhD from Harvard, and he's a school teacher. He's not like he ain't the principal, he ain't the superintendent. He's teaching like eighth grade. Right? And he understands that there are people who are in fact saying that African people have not contributed anything in our society. And so similar to the law that you heard with Toto Schomburg, it is Carter G. Woodson who then begins this trek to create this organization of the study of Negro history and life. And that then becomes what we know now as becomes as Negro History Week, right, as a time to to reflect and study people of African descent, and then morphs into African American History Month. During that time, Carter G. Woodson was really wrote a book called The Miseducation of the Negro, this was one of his obsessions. He's just like, if you can we say the opposite. James is coming up. In the eighties, we would say, free your mind and your behind will follow. Right? And I'm being polite on the on the floor. Right? But he understood. He said that you didn't have to, like create a physical slavery for African people if you in fact could control their minds. And he said, if you educated them in the right way, you don't have to tell them to go to the back door. They will go to the back door themselves. And if there is no back door, they will make one for their own special use. Their education makes it necessary. And so this month was really a beginning of a conversation that he was having really in his own community to free them from the mental shackles of not understanding their own history and their own understandings. That history and culture are inextricably linked. History is the record of culture and culture is the byproduct of the historical developments of people. Let me just make this point about why February. Because I continue to get frustrated by people talking about why it's the shortest month and da da da da. February was chosen for two reasons. It's the same month that Lincoln is born in and the same month that Frederick Douglass is born in, period. Frederick Douglass was the most important and most well known person of African descent of his time. Right? Like, think of somebody really important in African American, you know, like Leroy Connery, and like, Dubois was bigger than that. Right? But Leroy, thought you were gonna sit in the cut and not Right? I mean, Dubois was a a a huge figure in that time. And the antecedents of what Carter G. Woodson gave us is not just here in The United States, but it has actually become a global phenomenon. Right? That you will find African American History Month being celebrated and observed in places like Canada, like The United Kingdom, like Ireland, Jamaica. Right? All celebrate in some form or another in African American History Month. So this is a global understanding, right, and I think that's important for folks to understand. And Senator Sanders is absolutely right that when we talk about Otto Schaumburg, who recently had a birthday, right, it was 01/24/2018, I think I wrote it down, '74. Born in Puerto Rico of a black Caribbean mother from Saint Croix and a German father, suffers a lot of racism because he's phenotypically, he looks black. So even in Puerto Rico, he is experiencing racism. Comes here, does not move to the Lower East Side where Puerto Ricans live early in those days. He moves to Harlem. That tells you something. Becomes a Prince Hall Mason and a member of Kappa Alpha Psi Fraternity Incorporated. I'm just saying. And become somebody as you heard Senator Sanders indicate who really is the reason why we know as much as we know really about the black experience. If it really isn't for his collection, collection, there really isn't anybody else who has that level of a collection at that time. At that time, people like Dubois would go to him because he was the one who had the record. There was no Schaumburg Center. He was the Schaumburg Center. Right? And so his presence was important. J. E. Rogers is another one. Right? Who was really important in terms of bringing forth this notion and understanding that African Americans did not arrive on the shores of Jamestown, Virginia in 1619 tabula rasa. Right? Latin for a blank slate. Right? But they came with cultural baggage. They came with historical baggage. They brought their history and their understanding and many of the things that we see now in our society have have come from them, including things that you heard in the resolutions, like jazz and hip hop and many of the foods you find in the South, jambalaya, gumbo, many these things come. The fact that anybody eating the candy goobers, the word goober actually refers to peanut, and it's a West African word. Right? So you didn't even know you was talking West African all these years. You've been in the movie theater eating goobers. As I take my seat, mister president, I want to remember this hundredth year of African American history, by reading you this libation statement. And it goes, our fathers and mothers came here. They lived, loved, struggled, and built here. At this place, their love and their labor rose like the sun and gave strength and meaning to the day. For them then, who so much has given in return, on the same soil we will sow our seed and liberate in a higher level of human life. May our eyes be the eagle, our strength be the elephant, and the boldness of our life be like the lion. And may we remember and honor our ancestors and the legacy they left for us as long as the sun shines and the waters flow. For our people everywhere then, for Shaka, Samurai, Nzinga, and all those others known and unknowns who defended our ancestral lands, history, and humanity from alien invaders, we say on this hundred year anniversary, Ashe. For Garvey, Mohammed, Malcolm, King, Harriet, Fannie Lou, Sojourner, Bethune, Nat Turner, all those others who dare to define, defend, and develop our interests as a people, we say on this hundred year anniversary, Ashe. For our our children and the fuller fear freer lives that they will live because we struggle, we say on this hundred year anniversary of Black History Month, For the Coweta and the Nguzu Saba and the new system of the views and values from which gives identity, purpose, and direction to our lives, we say in this hundred year anniversary of Black History Month, And for the new world we struggle to build and for the continued struggle throughout which we inevitably will rescue and reconstruct our history and humanity. And in the image and according to our own needs, we say, I share. And that's from doctor Milana Karenga. And I thank you, mister president.

[Acting President (Presiding Officer)]: Thank you, Thank you, senator Parker. Senator Ramos on the resolution.

[Senator Jessica Ramos]: Thank you, mister president. You know, every time every year during Black History Month, I usually rattle off the names of athletes and artists and luminaries who have called my district home, and that history matters. Our neighborhoods are rich with brilliance, resilience, and cultural power. But this year, I wanted to focus on just one person whose life helps me understand the struggle for black freedom more deeply, not just through his fame or achievement, but through his courage, conscience, and unwavering commitment to justice. Harry Belafonte lived in East Elmhurst for a time. He made his home in the 13th District among black families, Caribbean families, immigrants, artists, and working people who understood that freedom isn't abstract. It is lived, it's fought for, and it's protected every day. Belafonte is often remembered for his music, but his true legacy was his moral courage. He was the son of Jamaican immigrants shaped by the black diaspora, and he understood that black freedom in America was inseparable from freedom across the Caribbean, Latin America, Africa, and the world. And he acted on that belief. He funded the civil rights movement. He organized behind the scenes. He stood with workers and freedom fighters. He used his voice not for comfort, but for conscience. That legacy matters here. East Elmhurst Corona and Lefrak City are neighborhoods shaped by black Americans, Caribbean New Yorkers, and immigrants from around the world. Our communities know that democracy is not something you inherit automatically. It's something you have to defend. And as a Latina representing historic black neighborhoods, I want to say this plainly. We come in every shade, and we must confront colorism and anti blackness within our own communities. That work is part of black history too. Harry Belafonte also understood that history is not carried only by the famous. Across New York, black people raise children as domestic workers and caregivers. They teach in our classrooms. They heal us in our hospitals. They drive our buses and our taxis and our trains. They have built our neighborhoods and staffed our institutions. They've organized and legislated and led often without recognition. They carry democracy on their backs every day. Black New Yorkers fight for dignity through daily acts of care, discipline, and perseverance. They expand freedom not only for themselves, but for all of us. And I know that there are doors that have been own only opened to me because black people have walked through them first. So today, I wanna honor Harry Belafonte, but we also honor the millions whose names will never be read into this record and whose labor, love, and courage continue to hold this state together. The only way to honor that legacy is with responsibility and remembrance. In the laws we pass, the institutions we strengthen, and the dignity we extend to every black New Yorker known and unknown. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator Ramos. Senator May, on the resolution.

[Senator Rachel May]: Thank you, mister president. Last month, I had the privilege to witness a moment in black history when Sharon Owens became the first black mayor of Syracuse. And almost at the same time, my own, public affairs director became the first black majority leader of the Onondaga County legislature, Naidisia Hernandez. I have to say since election night, there has been a noticeable difference in Syracuse. Everywhere I go, my black neighbors and friends and constituents seem to have a sense of hopefulness and empowerment that is palpably different from what we you could feel even a few months ago. Representation matters. It matters in our civic life, and it matters in the way we depict our history, understand our history, write our history, teach our history. And I couldn't be more grateful to vote I on this resolution. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator May. Senator Clear on the resolution.

[Senator Cordell Cleare]: Thank you, mister president. First of all, I wanna thank our majority leader for bringing this very important resolution this year, especially on this hundredth anniversary. I don't wanna be long. You know, I always talk about Harlem that I represent one of the most historic black communities in the world with the likes of Charles b Rangel and Hazel Dukes, Constance Baker Motley, who sat in this seat, the only other woman, I'm number two. Malcolm x, Langston Hughes, Adam Clayton Powell, the list goes on, Percy Sutton, David Dinkins. But as I sit here today, my colleagues have just said many of the things that I feel and but one thing I really wanna highlight is the importance of black history. Yes, to black people, but also to the world. I thought about one of my earliest viewings of Alex Haley's roots. And one part that stuck out to me the most was the insistence that his ancestor, Kunta Kinte, give up his name. Give up your name. And he would not let it go. I am Kunta Kinte. He knew how important it was to know who you are. And they kept on fighting and fighting and fighting him and others. They wanted to do that. Why? To dehumanize. To really enslave a person. Take everything who they are. Take your name away. Make you say you're somebody else. That is why black history was important then and why it is important today. That erasure is beyond disrespectful. It's evil. It is evil to make people think they don't matter. They didn't contribute anything. They're worth nothing. They're beneath. They're inferior. So every year on Black History, Month, I do extra celebrations, especially for the younger generations. The family of Alex Haley, they met in secret and made sure those stories were passed on, made sure they never forgot who they were. Carter g. Woodson said those who have no record of what their forebears have accomplished lose the inspiration which comes from teaching of biography and history. It is inspiring to know who you are. It is inspiring to know the accomplishments of your people wherever you come from and whatever race you are and whatever color you are. And yes, it is evil to deny anyone their history. So I proudly vote I on this resolution and I proudly vote I on all of the things that we do to make sure that black history is respected. Black Americans paid a price like no other, like no other, but still love this country, still build this country, still serve this country in every way even here in this chamber. We ought to be celebrated. I proudly vote aye, mister president.

[Acting President (Presiding Officer)]: Thank you, senator Clear. The question is on the resolution. Before we get to that question, senator Comery will speak on the resolution.

[Senator Leroy Comrie]: Trying to get me in trouble with my staff. Oh, man. Well Today, I rise to recognize Black History Month and to honor the extraordinary contributions of black Americans to the history, culture, and progress of New York State and this nation. As it's been said by so many of my colleagues and and the world, black history is American history. It's the story of resilience in the face of injustice, of innovation born from struggle, and leadership that has continually expanded the promise of democracy. From the fight to the end of slavery, to the civil rights movement, today's ongoing efforts for equality, opportunity, and black excellence, in the face of folk that are trying to erase history and eliminate the black presence in American history, we have to continue to fight. Here in New York and especially in Queens, black communities have helped build some of the most vibrant, diverse neighborhoods in the world. In Southeast Queens and throughout the state, black New Yorkers, African American, Caribbean, and African immigrant communities alike have strengthened our schools, created small businesses, run houses of worship, and have been major contributors to civic life. Their contributions are deeply woven into the fabric of our state. I'm proud of the fact that I was able since I've been here to pass a bill to make create the 400 commission so that we can look into all of the history of black Americans throughout New York State. And that commission is proudly working and hopefully we'll see some some results and some information and more history about the struggles of black Americans while they were here and while they came to New York. While we celebrate these achievements, Black History Month also reminds us of the work that remains. Persistent inequities in housing, health care, education, and economic opportunity demand our attention and our action. Honoring black history means committing ourselves to policies that promote fairness, dignity, and equal opportunity for all. As members of this esteemed body, we have a responsibility to ensure that the lessons of history inform the laws we pass and the future we build together, which is why one of the bills that I've been trying to get passed for a couple of years now is the bill to teach black history in schools throughout our state. What happened in Buffalo a few years ago would have never happened if there was a black history curriculum throughout our entire state so that people could understand the African American presence in our state. This should never have happened, and we should all be ashamed that we do not have a black history curriculum in every school in New York State. That we don't have a cultural curriculum in every school in New York State. In this in this state where we have such a diverse population, it's incredulous to me that we cannot get that done. And I hope that we get that done this year. So I wanna thank the leader. I wanna thank, for for for continuing to make sure that this is a major part of our yearly efforts to talk about black history. I wanna thank all of my colleagues who spoke today to talk about different aspects of black history because we have a responsibility to ensure that the lessons of history are never forgotten. That we also create more laws to help inform the public, to help remind people of the past, and to help people build a stronger future. So I'm proud to pass support this resolution not only as a time of reflection, but as a renewed commitment to justice, inclusion, and progress for all New Yorkers. Thank you, mister president.

[Acting President (Presiding Officer)]: Thank you, senator Comrie. The question is now on the resolution. All those in favor, please signify by saying aye. Aye. Opposed, nay. The resolution is adopted. Senator Giannaris.

[Senator Michael Gianaris]: Mister president, the, leader would like to open this resolution for cosponsorship. The resolution is open for cosponsorship.

[Acting President (Presiding Officer)]: Should you choose not to be a cosponsor, please notify the desk. Senator Giones. Please take up the calendar. The secretary will read. There's a substitution at the desk. Secretary will read.

[Secretary of the Senate (Reading Clerk)]: Senator Rivera, move to discharge from the committee of rules assembly bill number ninety five fifteen. A substitute for the identical senate bill eighty eight thirty five. The reading count of 49.

[Acting President (Presiding Officer)]: Substitute substitution. So substitution. Orders. Secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number 49, assembly number 9515 by assembly member Paul Pauline. Bill be laid aside. Number 87, senate print 8809 by senator Dabo, an act of civil practice law and rules.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section four, this act will take effect immediately. Call to roll. Dabo, GNR, Krueger, Ort, Strohcuttons, Zelner. Announce the results. Ayes, 62.

[Acting President (Presiding Officer)]: Bill has passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 118, senate print 373 by senator Gynar, synaptic from the Urban Development Corporation Act.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section five. This action will take effect immediately.

[Acting President (Presiding Officer)]: Call to roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, Gnarris Kruger, Ort, Sue Kudenzelner. Announce the results. I 62. The bill is passed. Convoy number 128, senate print thirty twenty nine by senator Staviski, an act of an education law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section four, this act of effect, two years after the Shabbatuma law.

[Acting President (Presiding Officer)]: Call the

[Secretary of the Senate (Reading Clerk)]: roll. Adabo, GNR Spooker, Ort, Stewart Cousins Zelman.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 62.

[Acting President (Presiding Officer)]: The bill has passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 130, assembly number 618, by assembly member Shimskaya, an act from the labor law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action took effect immediately.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. Genar Spuga, Ort, Stewart Cotton Zelner.

[Acting President (Presiding Officer)]: Amounts to results.

[Secretary of the Senate (Reading Clerk)]: Aye, 62.

[Acting President (Presiding Officer)]: The bail is passed.

[Secretary of the Senate (Reading Clerk)]: Counter number 136, senate print ten twelve a by senator Brooke, an act of public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this action took effect on the ninetieth day after Shabbat Kamala law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR Spooker, or Suhr Kunz Zellner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 62.

[Acting President (Presiding Officer)]: Bill has passed.

[Secretary of the Senate (Reading Clerk)]: Counter number 137, center print thirteen twenty seven by senator Parker, enactment of public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action should take effect on the thirtieth day, and shall become a law.

[Senator Michael Gianaris]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR's Kruger, Ort, Zuercad, and Zelner.

[Acting President (Presiding Officer)]: Senator Walzik to explain his vote.

[Senator Mark Walczyk]: Thank you, mister president. Today, we're gonna take up a number of bills in the energy sector that are pretending, to help the problem on another day. I'm sure as is the tradition of the majority, they'll bring us a number of energy bills that actually make the problem worse. Utility companies already have payment plans. Everybody knows this and this bill mandates what they already do. Utility companies are now holding a $1,800,000,000 bag in arrears payments. People have either chosen not to pay their utility bill or more often could not afford to pay their utility bill in the state of New York and there's nothing that will make that the energy bills more affordable in this bill or the others that are offered here today. Nothing that will reduce the cost of energy in New York. So voting for this bill doesn't really hurt. It's doing something that is already done, but it certainly doesn't help. And I will be voting no. Thank you, mister president.

[Acting President (Presiding Officer)]: Senator Walchik, to be recorded in the negative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar one thirty seven, vote in a negative. Senator Walzer, I 61, phase one.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number one thirty eight, center print thirteen twenty nine by senator Parker, enactment in the public service law.

[Acting President (Presiding Officer)]: Lay aside.

[Secretary of the Senate (Reading Clerk)]: The bill will be laid aside. Calendar number 141, senate print eighteen forty seven by senator Conroy, an action in the public service law. Bill will be laid aside. Calendar number one forty two, senate print eighteen ninety six by senator Mayor, an action in the public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this act should be kept one year after shall become a law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Davo, GNR's Kruger or Stuart Cuttin Zellner. Senator mayor, to explain her vote.

[Senator Shelley B. Mayer]: Thank you, mister president. You know, before the word affordability became the political word of the hour, this house, and particularly this majority, has passed a number of consequential bills to transform the way utility rates are set and the way people deal with their utility bills. Contrary to the assertions of some of my colleagues, our constituents are at wit's end with their utility bills and they have been for several years. And as a result, my colleagues have put together a package led by our majority leader to truly change the way these bills are set and to transform the process at the Public Service Commission, which I would add is absolutely impossible to navigate. This bill that we're voting on here and which we have passed multiple times changes the process by which the return on equity is determined for utility companies. It cannot be that the utility company's return on equity is four times greater than the rate of inflation because our constituents are paying bills based on what they earn and what they can do. And yet utility companies are paying rates based on a process that was set forty years ago and has not been changed. It's time for a radical transformation of the rate setting process. This bill is part of a package that does that. We owe it to every one of our constituents to change the way these rates are set and the way utilities operate and to put rate payers first and shareholders second. I proudly vote aye.

[Acting President (Presiding Officer)]: Senator Mayer, to be recorded in the affirmative. Senator Martins to explain his vote.

[Senator Jack M. Martins]: Thank you, mister president. You know, I'll be voting yes on this bill, and I thank the sponsor for, for, the bill. But I I do have concerns because we all all have heard from our constituents time and again at the increase in utility bills, the increase in energy, heating homes have come incredibly unaffordable, and less about process, less about bills, less about how bills are calculated, more about policies and the policies that have been passed on the floor of this chamber. Whether it's the CLCPA, whether it is adding and tacking on costs for each and every one of our rate payers, there comes a point where those costs are reflected in those bills. So let's be honest about where those costs are coming from. Let's be honest about the increase in costs to our constituents as their increased costs are absorbed each and every month when their utility bills come home. That's a direct reflection of the policies that are passed on this floor. Madam president, I'll be voting yes on this bill, but I am certainly aware of where those costs are coming from and they're the policies that have been passed in this chamber over time. Thank you. Senator Martins to

[Acting President (Presiding Officer)]: be recorded in the affirmative. Senator Tedesco to explain his vote.

[Senator Jim Tedisco]: Thank you. You know, what I'm seeing here is tremendous amount of hypocrisy. Yeah. We're getting the same calls that you're all getting about energy costs. And I presume when you get called by your constituents, you say, well, I'm not responsible for those rate increases, but the governor sent the messages over there here of who should be appointed to the public service commissioner. You ratified that. You put them in there. Now when they call you, you don't mention that to them. What you say to them is that those darn public service commissioners, those faceless bureaucrats are increasing your rates. We have to do something about it. You got a whole set of bills here which is doing nothing about it. You wanna do something about it? They are not elected officials. They are not the public servants they put here to protect their energy cost. You are their representatives. How about we bring the bill to the floor, which I have pending, says, when they make a decision, which they always do to make the rates go up, we ratify it here in the New York State Senate as public servants. We look at it. We research it. We say, no. That's too high. Send it back and give us a recommendation that makes sense or really show us why you want to increase rates five, ten, 20%. But you don't want to be those representatives. You want to say another rate increase? I'm gonna condemn those public service commissioners, which the governor sends to you, you've appointed, and now you pointed them in the blade. That's hypocritical. You wanna protect the energy cost for your consist constituents which you and I represent? Don't send them to a faceless bureaucrat. Look at what the information they give to you, evaluate it, and stand up for your constituents. Pass a bill that says we ratify any rate increase that the public service sends to us. You don't wanna do that because you don't want a rate payment protection act.

[Acting President (Presiding Officer)]: Talking about senate. Senator Todisco, how do you vote?

[Senator Jim Tedisco]: Is basically a tax on the people of New York State.

[Acting President (Presiding Officer)]: Senator Todisco, how do you vote?

[Senator Jim Tedisco]: Thank you. I'm gonna be voting no on this.

[Acting President (Presiding Officer)]: Senator Todisco is to be recorded in the negative. Senator Harkom to explain his vote.

[Senator Pete Harckham]: Thank you, madam president. First, I'd like to thank senator mayor for this bill. And before I comment on the bill, just respond to a private, personal, point of privilege about what a a prior speaker said was the CLPA is not responsible for the increase in utility rates. If you'd speak to utility executives in a moment of candor, they will tell you it's probably at most five to 7%. And a lot of the upgrades that we're making to our grid, need to make whether we put build another solar panel or not. Our grid is old and insufficient, and those upgrades need to be made. Kilowatt of solar energy is far cheaper than a kilowatt of natural gas and nuclear, and that's just a simple fact. But I I wanna speak on senator mayor's bill for a minute on on the equity portion because utilities are the only sector in our economy where we guarantee somebody a monopoly and then we guarantee them almost a double digit return on equity. One would think just having a monopoly enough would allow them to compete and succeed, but now they also get a guaranteed return on equity, 89%. None of our constituents have any investment vehicles where they can get an eight or 9% return. Last year, not to pick on Con Ed, but I will, the last two years, they have averaged over $2,000,000,000 in profits because of this formula. $2,000,000,000 in profits at the expense of our ratepayers, and it's time for the shareholders to absorb some of these costs, not our constituents time after time. So I thank senator mayor for this bill. I'll be voting aye.

[Acting President (Presiding Officer)]: Senator Harkom, to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar one forty two, voting in negative are senators Ashby Barello, O'Mara, Orpalumbo, Estette, Tedisco, Wozzek, and White. Ayes, 53 and ayes, nine.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Comment number one forty three, senate print fifty five fifty three c by senator Comrie, enactment of public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this act should take effect on the sixtieth day if it shall become a law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. Gnr. Spooker. Ort. Zellman.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to count of one forty three, voting negative, senator Barela. I 61, May's one.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Chairman number 144, senate print fifty five ninety three by senator mayor, enactment of public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section five, this acts of the defendant, one year of Shabbat Kamala. Call the roll. Adabo. GNR Skooker. Ortzu, Cuddin, Zoner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar one forty four voting in the negative are senators Ashby, Borrelo, Kizzaire Fitzpatrick, Chan, Galavan, Helman, Murray, Obraka, O'Mara, Ort Palumbo, Rhodes, Rollins, Steck, Tedisco, Walzwick, Robert and White. Ayes, 44. Nays, 18.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Number 146. Center print 7165 a by senator Henshee. Enacting on the public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three. This action will be conducted immediately.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter one forty six, voting in a negative r, senators Ashby, Barello, Cassadius Patrick Chan, Gallivan, Grifle, Helming, Lanza, Martins Mattera, Murray, O'Mara or Palumbo, Rhodes, Steck, Todisco, Walzwick, Webb, and White. Ayes, 42, nays, 20.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Account number 147, senate print seventy three twenty eight a by senator Henshee, an action on the public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this act shall be perfect immediately. Call to roll. Adabo. Gina R. Spruca, Oort, store cuttings wife.

[Acting President (Presiding Officer)]: Senator Hinchey to explain her vote.

[Senator Michelle Hinchey]: Thank you, madam president. I was incredibly pleased earlier to hear my colleague talk about the need to change the PSC commissioner structure and the PSC, because that's actually exactly what this bill does. And so if that's actually something that they wanted to do, they would be voting in favor of it. Our bill does three very simple things. The first is it actually codifies in statute affordability as part of the mandate of the PSC. The PSC's mandate talks about public safety, it talks about performance, but it doesn't actually talk about affordability. We are putting in statute that in rate cases, the PSC actually has to take into account affordability for the first time. The second thing our bill does is it adds a consumer advocate to the board of commissioners, to the PSC. That's a second consumer advocate to make sure that in these rate cases, they're actually looking out for the consumer. That's great. The third thing this bill does is it actually implements effectively a two year lobbying ban. Oftentimes, see people who wanna become PSC commissioners or who previous governors have put on the PSC in the past who come from the exact companies that they are then regulating through rate cases. Our bill says in the same way we all have here in this chamber and in the legislature a two year lobbying ban, you cannot join the PSC for two years if you come from one of those industries. Pretty simple bill, three important things that actually does exactly what our colleagues were talking about, and now that's what our bill is doing. Thank you to all my colleagues who are voting for this bill. I encourage our others our other colleagues to do that, and I vote aye. Thank you, madam president.

[Acting President (Presiding Officer)]: Thank you. Senator Hinchy to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar one forty seven voted in a negative are senators Ashby, Borrella, Kensari Fitzpatrick, Chan, Galvin, Grifle, Helming, Martins, Matera, Murray, Obraka, O'Mara, Ort, Rhodes, Rolls, Stet, Titusco, Walls, Robert, and White, eyes 42, nose 20.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Childhood number one forty eight, senate print seventy six ninety three by senate mayor, an enactment of public service law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act shall take effect on the one hundred and eighty of day of the trial become a law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. June Arms Kruger Ort, Sukad, and Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar January, voting in a negative r, senators Barrelo and O'Meara. Aye, 60 nays two.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 156, assembly number 9464 by assembly member Bronson, enactment of labor law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this act shall be conducted on the same date and in the same manner as a chapter of the law 2025.

[Acting President (Presiding Officer)]: For the role.

[Secretary of the Senate (Reading Clerk)]: Adabo, junior high school girl, Ort, sore cousins, Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar one fifty six voting and negative are senators Hellman and Walzer. Aye, 60 nays two.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number one fifty seven, senate print eighty eight thirty six by senator Serrano, an act of environmental conservation law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act should take effect on the same date and in the same manner as the chapter of the laws of thousand twenty five. Call the roll. Adabo. GNR, Spruger, Ort, Sukut, and Zelner.

[Acting President (Presiding Officer)]: Senator Martins, to explain his vote.

[Senator Jack M. Martins]: Madam president, you know, this is a chapter amendment on a bill that was passed last year, senate ten sixty nine. Ten sixty nine did not allow and would not allow gas or oil drilling on state forests, reforestation areas, and wildlife management areas. It's a great bill. Unfortunately, madam president, I was not here that day. I was excused, and so I wasn't able to vote yes on that bill that was sponsored by my friend and colleague, senator Serrano. But this bill, madam president, this bill does something different. This bill actually says, if you already have a lease in place that allows you to drill on state forest land, reforestation areas, and wildlife management areas, they can just go ahead and do it. You can continue to do it. You can transfer it. So let let's think about that for a second. I know that everyone who voted for the original bill and wanted to see that activity stopped in these areas, for sure, would also wanna vote against this bill, which would allow people to continue to do the very thing that the original bill said we shouldn't be doing. Because if we voted as a body not to do that originally, then to be consistent, we certainly would wanna not allow it to continue, madam president. So I'm curious. It's a it's a chapter amendment. I have to assume that someone made it a requirement in order to sign it into law. I think we all understand who that someone is, but it's wrong. It's wrong. Let's preserve our forests. Let's preserve our natural parks and forests and wildlife management areas and reforestation areas. Because, madam president, I know that all of us here in the room believe in the old proverb, we don't inherit the land from our parents. We borrow it from our children. I vote no.

[Acting President (Presiding Officer)]: Senator Martins to be recorded in the negative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter one fifty seven and voted in the negative are senators Martins, Obraka, O'Mara, and Ort. Ayes, 58. Nays four.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Counter number one fifty eight, assembly number ninety four thirty three by assembly member Werner, enactment of the general general municipal law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two. This action will be passed immediately.

[Acting President (Presiding Officer)]: Hold the

[Secretary of the Senate (Reading Clerk)]: roll. Adabo. Juniors, Kruger, or store cuttings, Zelner.

[Acting President (Presiding Officer)]: Senator Burrell to explain his vote.

[Senator George Borrello]: Thank you, madam president. I don't have an issue with trying to provide ways for many of these not for profits that are from being able to garnish some new revenue. What I oppose is the fact is the the fundamentally unfair situation we're in right now where the Seneca nation has still does not have a compact with the state of New York. That something like this may very well have a negative impact because of the lack of controls in place that would a system like this and the fact that they will be very much like a gaming machine inside of a club with no real protections from making sure that miners are using it and so forth. So we spent some time on this. I wish there was a better way to do to do this, to provide revenue to, some of these struggling not for profit clubs, fire halls and so forth. But the big picture is we've really ignored and the the governor has ignored the responsibility of negotiating and signing a fair compact for the Seneca Nation. So I'll be voting no. Thank you.

[Acting President (Presiding Officer)]: Senator Borrella to be recorded in the negative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter one fifty eight, voting in negative are senators Borrella, Orton, Scufus. Aye 59, ace three.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Counter number one sixty six, senate print five fifty five by senate approval, an act on the public health law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this action to defect immediately.

[Acting President (Presiding Officer)]: Called the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. G and R School of Ort, Swilcutt, Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Aye, 62.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Account number 189, senate print 8406 by senator Sanders, an act to win the banking law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act will take effect immediately. Call to roll. Adabo. GNR Spooker Ort, Swell Cotton, Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Relations to count of one eighty nine, vote in a negative. Senator Walzi. I 61, nays one.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Count number one ninety one, center print six eighty one by senator Martinez, enactment of labor law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action took effect immediately.

[Acting President (Presiding Officer)]: Hold the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, junior high schooler, or store cuttings, Zona.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter one ninety one voting in the negative are senators Fahey, Helmy, Obraker, O'Meara, Rhodes, Scufus, Walzi, Weberton, White, ayes 53 oh, excuse me. Also, senator Disco, ayes 52, nays 10.

[Acting President (Presiding Officer)]: The bill is passed. Senator Generis, that completes the reading of today's calendar.

[Senator Michael Gianaris]: Let's take up the controversial calendar, please.

[Acting President (Presiding Officer)]: Secretary will ring the bell. Secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number 49, assembly number 9515 by assembly member of parliament, enacting under public health law.

[Acting President (Presiding Officer)]: Senator Barrella, why do you rise?

[Senator George Borrello]: Madam president, good afternoon.

[Acting President (Presiding Officer)]: Good afternoon.

[Senator George Borrello]: Would the sponsor yield for a question?

[Acting President (Presiding Officer)]: Will the sponsor yield?

[Senator Gustavo Rivera]: Yes, mister president.

[Acting President (Presiding Officer)]: The sponsor yields. Thank

[Senator George Borrello]: you. Through you, madam president. I realize that this is making changes to the assisted suicide slash medical aid in dying bill the governor has yet to sign. But I have some questions on some of the new language. First of all, it requires now that essentially a recorded video testimony for someone who's going to be utilizing these suicide drugs and have to be kept on record. But the question is, who are these records being kept by and for how long?

[Senator Gustavo Rivera]: Through you, madam president. First of all, as although I'm I certainly am, I'm looking forward to the conversation I'll have with my colleague, I I must just strongly object to the notion that this should be just referred to This this is an important piece of legislation, madam madam president, because it makes us the thirteenth state in the nation where an individual who has who is in pain, who is fully of sound mind, but who considers, who is who is seriously ill and at the end of their life could choose to, on their own terms and with full dignity, choose to to bring that life to an end. And so as we talk about it, I just would like to just point that out that is that is an important bill. And as it relates to this particular, to this particular issue, as far as who keeps those records one second, madam president. Through you, madam president, first of all, the a a small correction to my to my colleague's statement. It, it is not only a video, but it can also be a recording, and the the physician, who is the attending physician would, would be responsible for maintaining this record much like any other medical record that they are responsible for maintaining in the case of caring for anybody else.

[Senator George Borrello]: Madam president, sponsor, continue to yield.

[Acting President (Presiding Officer)]: The sponsor yield? I will. The sponsor yields.

[Senator George Borrello]: Thank you. Through you, madam president. So, would this be then part of a Department of Health audit, of that physician to ensure? And The second part of my question was how long would that record be kept, have to be required to be kept for?

[Senator Gustavo Rivera]: Through you, madam president, first of all, the as far as as how long the records should be kept, the records would have the same standards as any other medical record as if you go to a dentist or you go to podiatrist, that physician keeps those records for the length of their practice, and they would probably maintain those records even after they stopped practicing. But it's but the the I will say through you, madam president, if I may ask my colleague to clarify, the first part of the question referred to something they referred to as the Department of Health audit. I'm not sure what, that was in reference to.

[Acting President (Presiding Officer)]: Senator, can you clarify?

[Senator George Borrello]: Thank you, president. It's my understanding the Department of Health, could audit those records from the doc you know, for for a doctor. In other words, the the Department of Health has certain, I guess, audit authority and would they be auditing those records to ensure that that recording is there as part of that I mean, ensuring the maintenance of that recording.

[Senator Gustavo Rivera]: Through you, madam president, I would I would argue that certainly the Department of Health has the authority to, I'm not sure we call it an audit, but there is certainly, the Department of Health would have the authority to determine any medical practitioners but what, you know, to to be able to look into any medical practitioners practice, if you will, to determine whether they are following the law and whether they're being ethical in the way that they conduct themselves. So I'm not sure that this would be any different from any other medical procedure. The Department of Health would have the authority to be able to look into any practitioners records, to determine whether they're following the law and whether they're, acting ethically.

[Senator George Borrello]: Thank you. Madam president, will sponsor continue to yield?

[Acting President (Presiding Officer)]: The sponsor yield? Yes, madam. The sponsor yields.

[Senator Michael Gianaris]: One of

[Senator George Borrello]: the most troubling parts of this bill for me is the fact that, we are allowing people to walk into a pharmacy and and, just pick up and walk out with deadly drugs that are designed to end someone's life. I'm very concerned about the chain of custody of those deadly drugs. Does this bill do these modifications in this bill do anything to address the chain of custody of these deadly drugs?

[Senator Gustavo Rivera]: Through you, madam president. First of all, it is incorrect to say that somebody could just waltz into a CVS and get suicide drugs. Wrong statement. Completely. This bill establishes even before the chapter amendments that we're discussing before, establishes a very clear set of guidelines and safeguards so that the person who is choosing to take this action, is we've established that that person is fully in their right mind, has has been not only not only has the condition been determined by an attending, but also a consulting physician that the person's, that the condition is terminal. Furthermore, the folks who are witnesses have to have no connection, and there's a very specific and lengthy, list, madam president, of standards that have to be fulfilled by the by the witnesses to determine that they are that they have no connection to the person so they would not benefit from the person's from the person's passing away. Then there has to be a five day waiting period. There has to be, and the person can then, has to has to, as as we established earlier, either leave a recorded, either an audio or a video message to be able to to go through his part. So I just wanna make sure that we that we go through all of this because over and over again, the the the the person the the folks who object to this bill seem to be discussing a bill that we're not actually discussing. Whether it's the bill that we passed last year or whether it's the chapter amendments in front of us, they seem to be talking about a bill that doesn't exist. I believe that this is a bill that, yes, goes farther than other other bills in other states because I'm sure that's the argument my colleague will make. But unlike the the argument that my colleague will make, it goes far beyond the safeguards that have been established in other states or other countries. And these safeguards have been negotiated, have been established so that we can be assured that there's not gonna be a situation in which somebody takes advantage of someone else or whether somebody can just waltz into a CVS and pick up drugs and then, as was suggested by my colleagues. So just I just wanted to correct that to say that for the record. There is a process that is lengthy, that is well established with all sorts of safeguards so that, ultimately, the person that makes this decision does it in a very specific way, and after much consideration with themselves and their family. And, ultimately, we wanna make sure that they can make this decision, and that so that they can pass away with dignity and in their own in their own time frame.

[Senator George Borrello]: Madam president, will sponsor continue to yield?

[Acting President (Presiding Officer)]: Does the sponsor

[Senator Gustavo Rivera]: yield? Yes, madam president.

[Acting President (Presiding Officer)]: The sponsor yields. So I didn't hear an answer

[Senator George Borrello]: to my question. Yes, once you go through the process, there's no denying that someone will walk in with a script or maybe was sent electronically and walk out with those deadly drugs. That's all I was saying. Because the problem is, after that moment, this bill, unless I miss something, doesn't address the chain of custody. Who, when that, once those drugs are gone, once they're in somebody's home or wherever they might be, at a hospice, wherever they might be, how are we ensuring that those drugs were actually utilized for the purpose of ending someone's life? When someone expires, someone passes away, who is checking to make sure that they passed away because they took those drugs? That's what I'm talking about. And what happens if they didn't? Is anybody gonna go out there and get those drugs back that can end someone's life? That's what they're designed to do.

[Senator Gustavo Rivera]: Madam president, through you, I'll refer my colleague to page 11 of the bill section two eight nine nine, which reads in part as follows, safe disposal of unused medication. A person who has custody or control of any unused medication prescribed under this article after the death of the qualified individual shall personally deliver the unused medication for disposal to the nearest qualified facility that properly disposes properly, I should say, disposes of controlled substances or shall dispose of it by lawful means in accordance with the regulation made by the commissioner, regulations made by or guidelines of the commissioner of education or guidelines of the federal drug enforcement administration approved take back program and there and it goes on to describe what a qualified facility is etcetera. So, other words, madam president, it is right in the bill. There is a legal requirement that the person that the that there is the that the person who has custody or control over this unused medication, in this case, very likely the physician would be responsible for actually disposing of it in the ways that are prescribed here in the bill in this section.

[Acting President (Presiding Officer)]: The president's sponsor continue to yield? Does the sponsor yield? Yes, madam president. The sponsor yields.

[Senator George Borrello]: I'm gonna have to say you're incorrect. That it's not a physician that is going to actually be administering that drug. In fact, that's not a requirement in the bill. And I would appreciate that actually if that was the case because then you could actually say, under penalty of potentially malpractice, you would lose your license if you didn't properly handle those drugs. But that's not what this bill does. What it says is, hey, you gotta take it somewhere to make sure it's properly disposed of. But there's no one that's actually going to check. So how are we going to ensure that someone who has issued these deadly drugs, who may have died of natural causes before the drugs were administered, that those drugs are not in the wrong hands? That that again, if there was a physician, if this was required to be in a hospice or in a hospital or a controlled environment with a medical professional, then you might be right. But that is not required by this bill.

[Senator Gustavo Rivera]: Madam president, through you, I will correct my colleague. In no time did I say that the person who would be administering the medications would be a physician. This is one of the one of the important parts of this bill. The person has to be able to do it themselves. What I said, and I repeat from the section two two eight nine nine in page 11, a person who has custody or control of any unused medication prescribed under this article after the death of a qualified individual shall personally deliver the unused medication, etcetera, etcetera, etcetera. So I am not referring, madam president, to the to the actual providing of the of the, of of the drugs to the individual. That is something that they must do themselves. Instead, we're talking about the folks who are I repeat again, who has custody a person who has custody or control of any unused medication prescribed under this article, etcetera, etcetera, etcetera.

[Acting President (Presiding Officer)]: Does the sponsor continue to yield? Does the sponsor yield? Yes, madam president. Sponsor yields.

[Senator George Borrello]: Okay. So we know that it's not necessarily a doctor that is responsible for the custody of that drug. We just clarified that. What is the penalty of someone who does not actually turn in those deadly drugs to somewhere to be properly disposed of? Is there a penalty in this bill?

[Senator Gustavo Rivera]: You, madam president. In the in the bill itself, there's no specific, there's no specific penalty that isn't different from any other public health law in a similar situation. So there are other instances in which a physician would be responsible for doing something and there are in that instance, there are penalties that that person could incur. So this bill does not create new penalties. Instead, it refers, you would be in reference to any of to to penalties that already exist in public health law for other similar situations.

[Acting President (Presiding Officer)]: Sponsor, continue to yield. Does the sponsor yield? I do. Sponsor yields.

[Senator George Borrello]: It's very common practice for insurance companies, life insurance companies, to not pay out for suicide. How does this bill protect someone? Will they be able to get a life insurance payout, should they, you know, choose to commit suicide? I think that's a real issue. So, how is that addressed? Because I'm told that somehow the the underlying bill would address that issue, but I'm really not clear how that would work.

[Senator Gustavo Rivera]: But, through you, if if this if the, if my colleague could repeat the question for you from the beginning.

[Senator George Borrello]: Life insurance companies often will not pay out for someone who's committed suicide. That's a very common practice for a life insurance company. However, the underlying bill, I was told, addressed that, that somehow those folks be guaranteed a payout if they commit suicide through, through this new law. How is that what what in what part of the structure does that actually mandate life insurance companies?

[Senator Gustavo Rivera]: President, I refer my colleague to, again, page 11, but a little bit, further up in the bill, section two no, three subsection A, a person and such person's beneficiary shall not be denied benefits under this under a life insurance policy for actions taken in accordance with this article.

[Acting President (Presiding Officer)]: The sponsor continue to yield? Does the sponsor yield?

[Senator Gustavo Rivera]: Yes.

[Acting President (Presiding Officer)]: The sponsor yields.

[Senator George Borrello]: So how is that being enforced with the life insurance company? How is, what is the state's role in ensuring that that is enforced?

[Senator Gustavo Rivera]: Madam president, it would be my sense. I'm certainly not an expert in insurance. They're my favorite though, as you know. Told you many times how they're my favorite. But it would seem to me that in a situation where there is a where there is a benefit that is that the insurance company is obligated by the contractual agreement of the of the, of the insurance product to provide and they're denying it, then there would probably be a legal process by which the family would seek, the benefits that they were that they were guaranteed under the initial agreement. So it would likely since it's very clear in the bill that this is not a suicide, it is medical aid in dying, and a person I will repeat again, section three subsection a or three a, a person and such person's beneficiary shall not be denied benefits under a life insurance policy for actions taken in accordance with this article. So I would I would I gather that there would probably be legal action that the, that these folks would have to take against the insurance company for for saying that they'll not provide the benefits based on the action that the individual took.

[Acting President (Presiding Officer)]: Sponsor continued yield. The sponsor yield?

[Senator Gustavo Rivera]: Yes, madam president.

[Acting President (Presiding Officer)]: Sponsor yields.

[Senator George Borrello]: So there is no real clear delineation as to how this will happen. Therefore, it will require the folk, the the, survivors, the beneficiaries to then probably enact legal action. They have to spend money to try to collect that. Because it's my understanding that the cause of death, that would be listed, most likely on the death certificate would be disease with which they are suffering and not the fact that the cause of death was suicide drugs. Isn't that correct?

[Senator Gustavo Rivera]: Through you, madam president, first of all, it is it is not in the same it is not a suicide in the way that someone sadly or tragically taking their own life early is that is a suicide if someone takes that action. This is not what this is. We keep referring to it that way, but that is not what this is. Right? This is an individual who has been in pain for a long time, has of attending physician and a and a consulting physician determining that they are that they are going to die from this condition. They have had a conversation with both of those physicians. They've had a conversation with a medical practitioner that is either a psychologist or a psych or a psychotherapist. They have recorded or either in video or in audio form that they have made this decision on their own accord through all those things. So first of all, that is a very different thing than somebody who is suffering immense pain that is a mental issue as opposed to this. Know that we try to that we'll try to conflate that you all try to conflate it. It is not. This is a different situation, a very different situation with a lot of safeguards that go in there. But regardless, this bill would establish that that action that was taken is not to be considered the same as a as a suicide. Number one. As far as the legal action that would be taken, we would actually not only would they seek, but would they could they seek legal legal recourse as stated in the bill specifically, they can't be denied benefits based on that action. But further, we could certainly talk to the agency that regulates that that insurance company because they would be taking an adverse action against one of their enrollees completely against the law that would be passed. So, again, the fact that there's no that there's not a play by play here of what would happen in a situation like this, it ignores the fact that in a situation currently, if there is someone who has a flood insurance product and something happens and they are not going to then the the company argues that they are not going to pay off for whatever reason, then there's a process that's already established in law where they can go and fight it, and sometimes they win, sometimes they don't. So very similarly, this is what we're talking about. So in this in that particular instance, since your question is about life insurance, I will read it one more time into the record. A person or such persons and such person's beneficiary shall not be denied benefits under a life insurance policy for actions taken in accordance with this article.

[Senator George Borrello]: Senator president, on the bill.

[Acting President (Presiding Officer)]: Senator Barrella, on the bill.

[Senator George Borrello]: Thank you, senator Rivera. Let me reiterate what I said when we first evade this bill. I have known many people, including very close family members and friends, who have had terminal illnesses and have died a death that quite frankly wasn't dignified. So I understand the purpose of this. I just don't agree with the method or even the fact, quite frankly, that the government should be involved in this. I will never agree with that. So there's no amount of changes to this bill that makes it better in my opinion. That being said, I have a lot of con I have still have a lot of concerns that even folks that are in favor of allowing people to end their life prematurely should still also have concerns about. The chain of custody that we discussed, despite what my colleague said, the bottom line is you will be issued drugs that can end someone's life. And there is no one, not a single person, not a pharmacist, not a doctor, not a, member of law enforcement, not a government, bureaucrat, no one is going to make sure that those drugs were actually taken by the person who they were prescribed to. Now we're not talking about cold medicine here. We're talking about life ending drugs. You know, when someone's going through a terminal illness, the family members suffer as well. And I can't imagine having life ending drugs in the homes of someone whose child is about to lose their parent. Maybe they're thinking of suicide. Maybe these pills would make it that much easier for them to do so. As far as ensuring that we know someone actually who is ill, terminally ill, took that medication themselves, well I can tell you, because I have unfortunately close personal experience with the disease ALS, that when you're at the end of your life, you're not physically able to put a pill in your mouth. How are we going to ensure that that person was not murdered by having someone else give them those drugs, even if it was a compassionate thing that they were trying to do? We cannot prove that because we're not doing this in a controlled environment. It's not being administered by a health care professional, and no one will be there when it happens. That's the problem with this bill. You know, after this bill passed last year, I had a meeting. I was requested a meeting by some self advocates, people with developmental disabilities at the resource center in my district. I went there thinking we're gonna have some donuts and coffee and chat like we always do. No. This time they turned into political self advocates. They asked me about this bill. They are frightened about the the results of this bill because in other countries, in other areas, people with developmental disabilities are being allowed to end their life. This is the slippery slope we're on, folks. Make no mistake about it. It's happening in Canada. It's happening elsewhere. It's a very slippery slope. It's devaluing life. Those self advocates, those people who everyday spend their life with horrible disabilities that have a good quality of life are worried that their friends, people that they know, may one day decide to choose to end their life even though really it doesn't qualify. And the last thing I'll say is this. Right now, doctors are telling someone that they only have six months to live or less. Those physicians are only right 20% of the time. 20%. I will bet you every single person in this room knows somebody that was told that they have six months or less to live that are still alive today, that live much longer than six months, that were there for their children, their grandchildren, their parents. And they would have ended that life prematurely with this bill. They wouldn't they would take themselves away from their family prematurely. This is not the role of government, folks. It's not. I'm gonna be voting now once again. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator. Are there any other senators wishing to be heard? Seeing and hearing none, debate is closed. Senator Generis?

[Senator Michael Gianaris]: Madam president, we've agreed to restore this bill to the non controversial calendar. Can we take it up that way, please?

[Acting President (Presiding Officer)]: Secretary will read. Read the the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this action will take effect immediately.

[Acting President (Presiding Officer)]: Call to roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR, Springer, Ort, Swilcut and Zelman.

[Acting President (Presiding Officer)]: Senator Rivera to explain his vote.

[Senator Gustavo Rivera]: Thank you, madam president. I I wanna thank the, for the first first of all, our colleague is not here, senator Brad Holman Siegel, who is, the person that got this over the finish line here in the senate, and certainly my colleague, in the assembly, Amy Paulin, who carried it over there. But, ultimately, I I wanna thank all of the advocates who have been coming up here for so many years because this ultimately, madam president, is about an individual choosing how they go out. And we're not talking about just any individual under any circumstance. We're talking about someone who, as section on page four, section four, no person shall qualify for medical aid in dying under this article solely because of age or disability. We're not talking about somebody who's just very old or a disabled person. No. We're talking about someone who is 18 years or older, someone who has a diagnosed life condition, a condition that will take their life. An attending physician and a consulting physician are making the determination that this person has less than six months to live. Then that person making the determination about their quality of life, they're the ones who decide. They're the ones who live with that pain every single day. And they want to be able to say, I I want to actually end this life on my own terms. And they do so clearly, madam president. The chapter amendments that we have before us not only create a waiting period so somebody has the time to talk with their family, talk with themselves, talk with their faith leaders, etcetera. We have an in person evaluation that has to happen for an attending and a consulting physician. We have mental health evaluations that are separate from the attending or consulting physician. We have the effective date so that there will be a period of six months after this bill is signed into law for regulations to be created, the residency requirement, the witnesses and interpreter interpreters, the records of request. All of these things are added safeguards because at the core of it, of course, all of us are concerned about creating a situation in which somebody would take advantage of any type of bill to actually say that somebody who is elderly or disabled should pass away. That is never what this bill has been about. It has always been about creating a set of conditions where someone on their own can make a decision about what their life needs to be. And many times, madam president, with their family there with them. There's many times when we have heard of individuals who sit next to their family members as they have passed away after a long and long protracted painful life or a painful illness. In this case, the decision can be made by someone to say, on Saturday at 4PM, surrounded by my family and friends, I will end my life on my own terms. That can happen, and it will happen with the bill that we're passing today and the governor will sign. So I thank advocates for bringing it to us. I thank my colleagues for voting for it, and I am very much proud to be the sponsor of this chapter amendment to make sure that it's a reality. Thank you, madam president. I vote in the affirmative.

[Acting President (Presiding Officer)]: Senator Rivera to be recorded in the affirmative. Senator Weber to explain his vote.

[Senator Bill Weber]: Thank you, madam president. I rise today not in anger, but in sorrow. Sorrow for where we're headed as a state if we allow the proposed assisted suicide bill to become law. I'm still very concerned with the dangerous road that we continue to head down today. I fear a road towards euthanasia being legalized, just as I was just concerned equally concerned last year. Supporters of this bill claim that is that it is that it is compassion, but compassion without transparency is not mercy. It is neglect and coercion cloaked in kindness. Thousands of my constituents have contacted my office to oppose this dangerous and reckless legislation. This bill abandons the vulnerable, our seniors, those living with disabilities, and those in their darkest moments. In fact, we've received more calls on this bill than any other issue since I've taken office three years ago. This bill may be well intentioned, but the minor changes to this bill that were debated in this chamber today and several months ago do little to address the opposition of the overwhelming majority of my constituents and me as their representative in this chamber. I will once again be voting no and encourage all my colleagues from across the aisle whom we had many last time to do the same. Let's protect let's protect the sanctity of life together. I vote no.

[Acting President (Presiding Officer)]: Senator Weber to re recorded in the negative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to count of 49 voting in negative are senators Ashby, Baskin, Barello, Vinyl, Kenser A. Fitzpatrick, Chan, Clear, Gallivan, Grifo, Hellman, Lanza, Martinez, Martins, Matera, Murray, Obrak, O'Mara, Ort, Palumbo, Prasad, Rose, Rawlinson, Steck, Sutton, Tedisco, Walzwick, Weberton, White, eyes 34 and age 28.

[Acting President (Presiding Officer)]: The bill is passed. Senator Generis?

[Senator Michael Gianaris]: Present, with respect to calendars 01/30/8141, we will be laying those aside for the day.

[Acting President (Presiding Officer)]: Calendars 01/30/8141 will be laid aside for the day.

[Senator Michael Gianaris]: And with that, is there any further business at the desk?

[Acting President (Presiding Officer)]: There is no further business at the desk.

[Senator Michael Gianaris]: I look to adjourn till tomorrow, Thursday, February 5 at 11AM.

[Acting President (Presiding Officer)]: On motion, the senate stands adjourned until Thursday, February 5 at Eleven. 11AM. Senator's adjourned.