Regular Session - February 27, 2014
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 27, 2014
11 11:27 a.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR DAVID CARLUCCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT CARLUCCI: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT CARLUCCI: In the
9 absence of clergy, may we please bow our heads in
10 a moment of silence.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT CARLUCCI: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Wednesday, February 26, the Senate met pursuant
18 to adjournment. The Journal of Tuesday,
19 February 25, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT CARLUCCI: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
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1 THE SECRETARY: On page 13, Senator
2 Perkins moves to discharge, from the Committee on
3 Health, Assembly Bill Number 8611 and substitute
4 it for the identical Senate Bill Number 6470,
5 Third Reading Calendar 103.
6 ACTING PRESIDENT CARLUCCI:
7 Substitution ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Libous.
15 SENATOR LIBOUS: Thank you,
16 Mr. President.
17 At this time could we please adopt
18 the Resolution Calendar, with the exception of
19 Resolution Numbers 3514, 3608, 3615 and 3658.
20 ACTING PRESIDENT CARLUCCI: All in
21 favor of adopting the Resolution Calendar, with
22 the exception of Resolutions 3514, 3608, 3615,
23 and 3658, signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT CARLUCCI: Opposed,
407
1 nay.
2 (No response.)
3 ACTING PRESIDENT CARLUCCI: The
4 Resolution Calendar is adopted.
5 Senator Libous.
6 SENATOR LIBOUS: Thank you,
7 Mr. President.
8 Would you call on Senator Gianaris,
9 please, for a motion.
10 ACTING PRESIDENT CARLUCCI: Senator
11 Gianaris.
12 SENATOR GIANARIS: On behalf of
13 Senator Squadron, I move that the following bill
14 be discharged from its respective committee and
15 be recommitted with instructions to strike the
16 enacting clause: Senate Bill 5862.
17 ACTING PRESIDENT CARLUCCI: So
18 ordered.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 I believe there's a resolution at
23 the desk by Senator Klein, Number 3658. I ask
24 that it be read in its entirety, and could you
25 please call on Senator Klein before its adoption.
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1 ACTING PRESIDENT CARLUCCI: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 3658, by Senator Klein,
5 commemorating the 100th Anniversary of The Manor
6 Club in Pelham, New York.
7 "WHEREAS, It is the sense of this
8 Legislative Body to recognize that the quality
9 and character of life in the communities across
10 New York State are reflective of the concerned
11 and dedicated efforts of those organizations and
12 individuals who would devote themselves to the
13 welfare of the community and its citizenry; and
14 "WHEREAS, Attendant to such concern,
15 and in full accord with its long-standing
16 traditions, this Legislative Body is justly proud
17 to commemorate the 100th Anniversary of The Manor
18 Club, to be celebrated at a Centennial Gala on
19 March 1, 2014, in Pelham, New York; and
20 "WHEREAS, The Manor Club is a
21 nonprofit center for cultural, educational and
22 philanthropic events with a proud history of
23 community service to Pelham, New York, and the
24 surrounding areas; and
25 "WHEREAS, The Manor Club was
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1 originally an all-male group incorporated in
2 1883; after facing declining membership and
3 financial troubles, the all-female members of the
4 Tuesday Afternoon Club were asked if they would
5 be interested in taking over the club; an
6 agreement was made in 1914, and these very
7 capable women set the cornerstone for the
8 ever-growing 300-member cultural venue it is
9 today; and
10 "WHEREAS, Over the years, The Manor
11 Club has raised funds for community outreach
12 through holding fashion shows, bridge parties,
13 dances, concerts, and white elephant sales; and
14 "WHEREAS, The Manor Club Scholarship
15 Awards were established in 1944, helping
16 numerous Pelham Memorial High School students to
17 further their education; and
18 "WHEREAS, The Manor Club is actively
19 involved in a number of charitable programs
20 including a fall coat drive, fundraisers, and the
21 Manor Club Shares, a program allowing other
22 philanthropic organizations use of its clubhouse
23 as a venue for meetings; and
24 "WHEREAS, The club's youth group,
25 the Do-Its, enlists the services of members'
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1 daughters in 5th to 10th grade to assist with
2 projects such as the Children's Center Benefit,
3 the Victorian Christmas Party for children, and
4 the Mary and The Boys Concert, as well as a
5 planned fundraiser for the New Rochelle Humane
6 Society; and
7 "WHEREAS, One of the greatest assets
8 of The Manor Club is its professional-level
9 theater productions and concerts, which are open
10 to the public; these productions have played a
11 key role in enriching the life and culture of the
12 overall community; and
13 "WHEREAS, To celebrate The Manor
14 Club's centennial anniversary, playwright and
15 club member Rosemary Foley is writing a skit
16 about the club's early history, and director and
17 actor Paul Romanello will present a musical
18 production of the story of the club's 100-year
19 journey from the Silver Age of the Flapper to the
20 sophistication of the 21st century; and
21 "WHEREAS, It is the custom of this
22 Legislative Body that when organizations of such
23 noble aims and accomplishments are brought to
24 our attention, they should be celebrated and
25 recognized by all the citizens of this great
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1 Empire State; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to commemorate
4 the 100th Anniversary of The Manor Club, to be
5 celebrated at a Centennial Gala on March 1,
6 2014, in Pelham, New York; and be it further
7 "RESOLVED, That a copy of this
8 resolution, suitably engrossed, be transmitted to
9 The Manor Club, Pelham, New York."
10 ACTING PRESIDENT CARLUCCI: Senator
11 Klein.
12 SENATOR KLEIN: Thank you,
13 Mr. President.
14 It's certainly my pleasure to
15 present this resolution honoring the
16 100th anniversary of the Pelham Manor Club.
17 I want to acknowledge that we have
18 with us today in our chamber the club president,
19 Joan Cornell, as well as distinguished members of
20 the club with us today. I thank you for joining
21 us today here in our State Capitol.
22 This is something that's very
23 important in the Pelham community because this is
24 certainly a milestone. This Saturday the Pelham
25 Manor Club will celebrate their Centennial Gala
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1 and honor the cultural philosophic and
2 educational contributions that the club has made
3 through generations.
4 The Pelham Manor Club has a rich and
5 notable history, as was outlined previously,
6 dating back to the early 1870s. Its earliest
7 members included Tom DeWitt and Henry Taft, the
8 brother of President Taft.
9 But I think what really sets this
10 club apart is that back in the 1870s it was
11 founded by men. And when it went into financial
12 hardship and potential bankruptcy, the men of
13 Pelham turned to the women to take over the club
14 back in 1914, and it prospered. And I think it
15 proves the old adage that our former First Lady
16 Eleanor Roosevelt once said, that "If you want
17 something said, get a man. But if you want
18 something done, get a woman to do it." So
19 clearly that's what was accomplished. And this
20 long history of the Pelham Manor Club is because
21 of the great work of the great ladies of Pelham.
22 So I thank you. This is a very
23 important day in our community of Pelham. And I
24 look forward to seeing everyone this Saturday
25 night at the gala.
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1 Thank you all.
2 ACTING PRESIDENT CARLUCCI: The
3 question is on the resolution. All in favor
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT CARLUCCI:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT CARLUCCI: The
10 resolution is adopted.
11 Senator Libous.
12 SENATOR LIBOUS: Thank you,
13 Mr. President.
14 I believe there's a resolution by
15 Senator Peralta, Number 3608, at the desk. I ask
16 that the title be read and then we will open it
17 up for cosponsorship.
18 ACTING PRESIDENT CARLUCCI: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 3608, by Senator Peralta,
22 commemorating the 170th Anniversary of the
23 Dominican Republic Independence, to be celebrated
24 on February 27, 2014.
25 ACTING PRESIDENT CARLUCCI: All in
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1 favor of adopting the resolution signify by
2 saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT CARLUCCI:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT CARLUCCI: The
8 resolution is adopted.
9 Senator Libous.
10 SENATOR LIBOUS: We opened that up,
11 right, to the membership? And as the policy
12 goes, Mr. President -- I always like to repeat it
13 just so the members are clear -- all members will
14 be put on the resolution. If for some reason you
15 choose not to be put on the resolution, let the
16 desk know.
17 ACTING PRESIDENT CARLUCCI: The
18 resolution is open for cosponsorship. If you do
19 not wish to be a cosponsor, please notify the
20 desk.
21 Senator Libous.
22 SENATOR LIBOUS: I believe Senator
23 Kennedy has a resolution, Number 3615, at the
24 desk. I ask that the title be read and I believe
25 that Senator Kennedy would then like to speak on
415
1 the resolution before its adoption.
2 ACTING PRESIDENT CARLUCCI: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 3615, by Senator Kennedy,
6 mourning the death of business leader Lumon Ross,
7 distinguished citizen and devoted member of his
8 community.
9 ACTING PRESIDENT CARLUCCI: Senator
10 Kennedy.
11 SENATOR KENNEDY: Thank you,
12 Mr. President.
13 I rise today to pay tribute to the
14 life of Lumon Ross, who passed away on January 7,
15 2014, at the age of 75.
16 Lumon dedicated his life to
17 enhancing the quality of life in his beloved
18 hometown of Buffalo, New York. A native of
19 Buffalo, Lumon Ross earned a bachelor's degree
20 from Buff State College. He went to work as a
21 social worker and later served as a supervisor
22 with the New York State Division of Youth before
23 opening the Kensington Experience restaurant on
24 Kensington Avenue in the early 1990s.
25 A long-time champion of black-owned
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1 businesses, Lumon understood firsthand the value
2 of small businesses in rebuilding Buffalo's East
3 Side community and creating job opportunities for
4 the neighborhood.
5 In the 1990s, Lumon Ross cofounded
6 the Black Chamber of Commerce, serving as its
7 president and proudly representing the
8 organization throughout the business community.
9 He made sure the Black Chamber of Commerce was
10 accessible to all and was at the forefront of
11 teaching the principles of business to members of
12 the community.
13 Additionally, Mr. Ross was the
14 chairman of the Millions More Movement's Ministry
15 of Trade and Commerce.
16 Mr. Ross lived his life with dignity
17 and grace, always demonstrating a deep and
18 genuine concern for his fellow human beings and
19 inspiring others around him to do the same.
20 Polite, pleasant and always persistent,
21 Lumon Ross was devoted to his faith, his family,
22 and to his community. His passing leaves a void
23 in the City of Buffalo that can never be filled.
24 On behalf of a grateful community
25 that is better because of his life and his many
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1 contributions, I rise to honor Lumon Ross, who
2 was a true pillar in the City of Buffalo and in
3 the State of New York. Our thoughts and prayers
4 continue to be with the Ross family and to all
5 who mourn him.
6 Thank you, Mr. President.
7 ACTING PRESIDENT CARLUCCI: Thank
8 you, Senator Kennedy.
9 The question is on the resolution.
10 All in favor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT CARLUCCI:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT CARLUCCI: The
16 resolution is adopted.
17 Senator Libous.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 I believe there's another
21 resolution, I believe by Senator Parker,
22 Resolution Number 3514, at the desk. I ask that
23 the title be read and that Senator Tkaczyk be
24 allowed to speak on the resolution before its
25 adoption.
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1 ACTING PRESIDENT CARLUCCI: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 3514, by Senator Parker,
5 memorializing Governor Andrew M. Cuomo to
6 proclaim March 2014 as Early Intervention Month
7 in the State of New York.
8 ACTING PRESIDENT CARLUCCI: Senator
9 Tkaczyk.
10 SENATOR TKACZYK: Thank you,
11 Mr. President.
12 I rise in support of this
13 resolution, and I want to thank Senator Parker
14 for bringing it to the floor. This is a
15 resolution that recognizes March as Early
16 Intervention Month.
17 And as the resolution states, the
18 early years of a child's life are critical to
19 development. And during their infant and toddler
20 years, children grow quickly and have much to
21 learn. Some children and families face
22 challenges and need extra help. And it's
23 acknowledged that early help makes a tremendous
24 difference.
25 Some children are born with
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1 developmental delays and disabilities. It is
2 crucial that these children receive immediate and
3 therapeutic intervention based upon acceptable
4 norms and proper treatment upon diagnosis.
5 The New York State Department of
6 Health Bureau of Early Intervention is authorized
7 to provide early intervention services for more
8 than 75,000 infants and toddlers with
9 developmental delays and disabilities, and their
10 families, throughout the state. Research
11 reflects that for every dollar we invest in early
12 intervention, $7 is saved in future costs in
13 special education. We are getting kids ready for
14 life and ready for school.
15 However, because of a snafu that
16 happened in last year's budget, we've changed how
17 early intervention providers are paid. And it's
18 caused tremendous difficulty to those providers
19 in their ability to provide services to this very
20 vulnerable population.
21 Early intervention providers are,
22 frankly, not getting paid timely and they're
23 going out of business. Why do I care? Because
24 so many of these providers are working in my
25 communities, in my district, and in rural areas
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1 where I have providers who are typically
2 one-person businesses, typically women working
3 out of their homes providing this service.
4 They're going out of business because they can't
5 get paid.
6 We think this is an important
7 service. We need to continue to provide it. And
8 as we recognize this Early Intervention Program,
9 we also have to recognize that we need a
10 legislative fix to resolve this problem. It's
11 been brought up in hearings. I introduced
12 legislation last October. It was discussed a lot
13 in the budget hearing.
14 I'm waiting every day for that
15 legislative fix to come to the floor.
16 Please get this legislative fix to
17 the floor so we can continue to provide early
18 intervention services to our very vulnerable
19 New York residents.
20 Thank you.
21 ACTING PRESIDENT CARLUCCI: Thank
22 you, Senator Tkaczyk.
23 Senator Stavisky.
24 SENATOR STAVISKY: Yes, I too thank
25 Senator Parker for introducing this resolution,
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1 but I particularly thank Senator Tkaczyk for her
2 comments.
3 Because I have worked with many of
4 the EI, the early intervention providers, and
5 they are not getting paid. And they do save us
6 so much money. It's a lot cheaper for us to
7 provide the intervention services now than the
8 remediation services at a later date.
9 There are institutions in the county
10 where I live, Queens County, one in particular, a
11 large hospital for chronically ill children,
12 St. Mary's, that had to discontinue their early
13 intervention service because of the funding or
14 the lack of reimbursement that they have
15 received.
16 This is a critical issue for young
17 people, and I hope that as we resolve budget
18 issues that this issue is also resolved by
19 April 1st.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CARLUCCI: Thank
22 you, Senator Stavisky.
23 The question is on the resolution.
24 All in favor signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT CARLUCCI:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT CARLUCCI: The
5 resolution is adopted.
6 Senator Libous.
7 SENATOR LIBOUS: Thank you,
8 Mr. President.
9 At this time could we please move to
10 the noncontroversial reading of the calendar,
11 please.
12 ACTING PRESIDENT CARLUCCI: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 103, substituted earlier by Member of the
16 Assembly Glick, Assembly Print Number 8611, an
17 act to amend Chapter 192 of the Laws of 2011.
18 ACTING PRESIDENT CARLUCCI: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT CARLUCCI: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT CARLUCCI:
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1 Announce the results.
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT CARLUCCI: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 124, by Senator Martins, Senate Print 6409, an
7 act to amend the Local Finance Law.
8 ACTING PRESIDENT CARLUCCI: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT CARLUCCI: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT CARLUCCI:
16 Announce the results.
17 THE SECRETARY: Ayes, 57. Nays, 1.
18 Senator Maziarz recorded in the negative.
19 ACTING PRESIDENT CARLUCCI: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 132, by Senator Maziarz, Senate Print 1058, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT CARLUCCI: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT CARLUCCI: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT CARLUCCI:
7 Announce the results.
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT CARLUCCI: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 151, by Senator Ball, Senate Print 2801, an act
13 to amend the Election Law.
14 SENATOR GIANARIS: Lay it aside.
15 ACTING PRESIDENT CARLUCCI: The
16 bill is laid aside.
17 Senator Libous, that completes the
18 noncontroversial reading of the calendar.
19 SENATOR LIBOUS: Mr. President,
20 since we've done that, we will go to the
21 controversial reading of the calendar.
22 ACTING PRESIDENT CARLUCCI: The
23 Secretary will ring the bell.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 151, by Senator Ball, Senate Print 2801, an act
2 to amend the Election Law.
3 SENATOR KRUEGER: Explanation.
4 ACTING PRESIDENT CARLUCCI: There
5 is an explanation requested.
6 Senator Ball.
7 SENATOR BALL: So this piece of
8 legislation will allow individuals the
9 opportunity to register to vote --
10 SENATOR LIBOUS: Excuse me,
11 Mr. President, I'm having a difficult time
12 hearing.
13 ACTING PRESIDENT CARLUCCI: Senator
14 Ball.
15 SENATOR BALL: This bill will allow
16 those the opportunity to register to vote at the
17 same time as they apply for a hunting license,
18 fishing license, or a combination of both.
19 SENATOR LIBOUS: Excuse me,
20 Mr. President, I can't hear the Senator.
21 ACTING PRESIDENT CARLUCCI: Senator
22 Libous.
23 SENATOR LIBOUS: If we could just,
24 the next time the Senator speaks, check the
25 audio. I had a very hard time. And I know that
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1 I am getting older, and I know that the hearing
2 isn't what it was when I was a spry 30 like
3 yourself.
4 (Laughter.)
5 SENATOR LIBOUS: However, if they
6 could just check that the next time Senator Ball
7 gets up. Because I do want to hear the inspiring
8 debate between Senator Krueger and Senator Ball.
9 ACTING PRESIDENT CARLUCCI: So
10 ordered.
11 Senator Krueger.
12 SENATOR KRUEGER: If the sponsor
13 would please yield to an inspiring question.
14 (Laughter.)
15 ACTING PRESIDENT CARLUCCI: Will
16 the sponsor yield to questions?
17 SENATOR BALL: Sure.
18 SENATOR KRUEGER: Thank you.
19 In this bill it clarifies that it's
20 expanding the offices that will be accepting
21 voter registration with fishing and hunting
22 licenses to private businesses. Could the
23 sponsor please explain to me what these
24 offices are and where they are and how many there
25 are?
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1 ACTING PRESIDENT CARLUCCI: Senator
2 Ball.
3 SENATOR BALL: So I don't know the
4 exact number, but DEC supplies forms to local
5 businesses, you know, throughout the state.
6 SENATOR KRUEGER: Through you,
7 Mr. President, if the sponsor would continue to
8 yield.
9 SENATOR BALL: Sure.
10 ACTING PRESIDENT CARLUCCI: The
11 sponsor yields.
12 SENATOR KRUEGER: Thank you.
13 Would the sponsor confirm that this
14 would include sporting good stores, gun and
15 archery stores, fishing supply stores, bait and
16 tackle shops?
17 SENATOR BALL: Yup.
18 SENATOR KRUEGER: If the sponsor
19 would continue to yield.
20 SENATOR BALL: Sure.
21 ACTING PRESIDENT CARLUCCI: The
22 sponsor yields.
23 SENATOR KRUEGER: And would this
24 also include things like Walmart, Dick's Sporting
25 Goods, other big box stores?
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1 SENATOR BALL: If they have those
2 DEC forms, sure.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would continue to
5 allow me to ask inspiring questions.
6 SENATOR BALL: Sure.
7 ACTING PRESIDENT CARLUCCI: The
8 sponsor yields.
9 SENATOR KRUEGER: Thank you.
10 So I believe I already asked if we
11 knew how many new locations this would expand
12 accepting voter registration through DEC
13 licensing. Would the sponsor be surprised if I
14 told him it appears to be 1500 additional
15 locations, mostly in private stores?
16 ACTING PRESIDENT CARLUCCI: And
17 will the sponsor direct the answers to the chair.
18 Continue.
19 SENATOR KRUEGER: I'm sorry, I
20 didn't hear the answer.
21 ACTING PRESIDENT CARLUCCI: Will
22 the sponsor direct the answers to the chair.
23 SENATOR BALL: Whether it be 1500
24 new opportunities to register to vote or whether
25 it be 2,000 or 3,000, it's allowing every
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1 opportunity for citizens to register to vote and
2 engage in civic discourse and their civic duty.
3 These are all great opportunities. The more
4 people that register to vote would be our goal.
5 And I would hope it's yours.
6 SENATOR KRUEGER: Through you,
7 Mr. President, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT CARLUCCI: Does
10 the sponsor yield?
11 SENATOR BALL: Sure.
12 ACTING PRESIDENT CARLUCCI: The
13 sponsor yields.
14 SENATOR KRUEGER: Would the
15 up-to-1500 potential stores have the right to say
16 "No, we don't want to do this, we just want to do
17 the hunting and fishing licenses, we don't want
18 to get involved with handling voter
19 registration"?
20 SENATOR BALL: So these forms that
21 are provided, this would actually be part of that
22 form. So, you know, it's up to the individual
23 who wants the right to vote -- who has the right
24 to vote to exercise that right to fill out that
25 form.
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1 I think you're making it a little
2 more complicated than it is. Which isn't
3 surprising.
4 ACTING PRESIDENT CARLUCCI: Will
5 the sponsor please direct the answers to the
6 chair.
7 SENATOR KRUEGER: Through you,
8 Mr. President, just to clarify my question.
9 So right now I am a store and I have
10 an arrangement with DEC that I'm assuming I
11 voluntarily went into, as opposed to being
12 mandated to accept the paperwork for hunting and
13 fishing licenses. I believe that's the current
14 law. If Senator Ball's bill were to become law,
15 then those license documents would also include
16 voter registration material.
17 So my question was, would these
18 private stores have to agree to handle the voter
19 registration documents as well as the hunting or
20 fishing license?
21 SENATOR BALL: So the form right
22 now, if you go and you're going to get a fishing
23 or hunting license, what we're saying is that on
24 that form you can check a box that you also want
25 to register to vote. And it's that simple.
431
1 SENATOR KRUEGER: Through you,
2 Mr. President.
3 ACTING PRESIDENT CARLUCCI: Does
4 the sponsor continue to yield?
5 SENATOR BALL: I will.
6 ACTING PRESIDENT CARLUCCI: Senator
7 Krueger.
8 SENATOR KRUEGER: Thank you.
9 So if I understand correctly, the
10 stores, having accepted taking hunting and
11 fishing licenses, would have to now also agree to
12 handle voter registration forms or get out of the
13 business of handling any licenses. It would be
14 all or nothing; is that correct?
15 ACTING PRESIDENT CARLUCCI: Senator
16 Ball.
17 SENATOR BALL: That is not
18 correct --
19 ACTING PRESIDENT CARLUCCI: Hold
20 on. Can we get Senator Ball's mic on?
21 SENATOR BALL: -- shutting mine
22 off.
23 (Laughter.)
24 SENATOR KRUEGER: I certainly
25 didn't.
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1 ACTING PRESIDENT CARLUCCI: Senator
2 Ball, if you continue, your mic is on.
3 SENATOR BALL: Okay. No, that's
4 not the purpose of the bill. This is to simply
5 allow on the form for fishing and hunting
6 licenses for you to check off and say that you'd
7 also like to register to vote.
8 So this doesn't create an undue
9 burden upon businesses in any way. We're just
10 allowing, at the time of registration, for a
11 fishing or a hunting license or a combination
12 thereof to also exercise your right as a citizen
13 to register to vote. It's that simple.
14 This is not complicated. And it's
15 simply allowing people another opportunity to
16 register to vote, which I think everybody can
17 agree is a good thing and is not dissimilar to
18 efforts instituted by President Bill Clinton in
19 1993 as part of the National Voter Registration
20 Act, the Motor Voter Act that we all know about.
21 So pretty simple stuff.
22 ACTING PRESIDENT CARLUCCI: Senator
23 Krueger.
24 SENATOR KRUEGER: Through you,
25 Mr. President, I love helping people register to
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1 vote. That's not the reason for my questions on
2 this bill.
3 ACTING PRESIDENT CARLUCCI: Does
4 the sponsor continue to yield?
5 SENATOR BALL: Yes.
6 SENATOR KRUEGER: Thank you.
7 ACTING PRESIDENT CARLUCCI: The
8 sponsor yields.
9 SENATOR KRUEGER: So again, if this
10 bill became law, if you were a private store that
11 was handling the licenses for hunting and
12 fishing, you must also handle the voter
13 registration documents, as I read the bill.
14 The law existing says that you are
15 supposed to help people with their voter
16 registration if they have any questions or
17 confusion. So under this bill, would we be
18 requiring private stores to assist people with
19 the filling out of their voter registration
20 forms?
21 ACTING PRESIDENT CARLUCCI: Senator
22 Ball.
23 SENATOR BALL: So all this does is
24 right now these same businesses, entities, have
25 these license forms. All this is doing is
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1 changing that license form so you can also
2 register to vote. That's what this does.
3 And I understand that it's suggested
4 that we all support allowing for greater voter
5 registration, and that's what this does. And I
6 hope that there isn't a concern that hunters and
7 fishermen and sportsmen would be registering to
8 vote. I hope that that's not the basis of any
9 concern here.
10 ACTING PRESIDENT CARLUCCI: Senator
11 Krueger.
12 SENATOR KRUEGER: Through you,
13 Mr. President, that's not my concern at all. I'm
14 perfectly delighted to have sportsmen register --
15 ACTING PRESIDENT CARLUCCI: Does
16 the sponsor continue to yield?
17 SENATOR KRUEGER: Well, I haven't
18 gotten to the question yet. I'm sorry, I was
19 just clarifying that no, I am not opposed to
20 hunters or fishermen voting. I think everybody
21 should register to vote.
22 My questions are more in the path of
23 the new responsibilities being applied, perhaps
24 for the first time in state law, to private
25 entities to handle voter registration. And the
435
1 fact that we do have a precedent in law of things
2 you must do if you're handling voter
3 registration, including assist people in the
4 process.
5 The next question, if the sponsor
6 will yield.
7 ACTING PRESIDENT CARLUCCI: Will
8 the sponsor yield?
9 SENATOR BALL: Yes.
10 ACTING PRESIDENT CARLUCCI: The
11 sponsor yields.
12 Senator Krueger.
13 SENATOR KRUEGER: Thank you.
14 Will the store understand the
15 responsibilities -- and how will we make sure
16 they do -- to in a timely fashion move the voter
17 registration applications to the correct
18 location?
19 Because there's a time limit of how
20 long you have to move a voter registration form
21 to the Board of Election. Will that all be --
22 it's not clear it's in the law. But will that
23 all be laid out and ensure that private
24 companies, perhaps up to 1500 sites, will
25 understand there's new protocols that may require
436
1 training to make sure they meet the obligations
2 under our Election Law to assist people with
3 their voter registration and ensure the proper
4 transfer of the papers in a timely manner to the
5 Board of Election?
6 ACTING PRESIDENT CARLUCCI: Senator
7 Ball.
8 SENATOR BALL: One of my greatest
9 attributes, I believe, is that I'm not an
10 attorney. And this conversation reminds me of
11 why I didn't become an attorney.
12 This is very simple. These forms
13 right now, these businesses right now allow men
14 and women to register for a fishing or hunting
15 license. We are going to change that application
16 so you can also register to vote. Those forms
17 then go to the DEC. And the DEC, according to
18 Subdivision 7, states "The completed application
19 forms received by the DEC are then transmitted by
20 such department to the appropriate Board of
21 Elections."
22 So it's the DEC, in coordination
23 with the State Board of Elections. And then
24 Subdivision 9 states: "The Board of Elections
25 processes the application and sends appropriate
437
1 notice of approval or rejection."
2 So there seems to be a clear
3 misunderstanding and trying to create a debate
4 where there is no debate. The State Board of
5 Elections will do their job. The DEC will
6 process and do their job. And there will be
7 forms at these entities, as there are now. The
8 only difference is that the forms will also allow
9 somebody the right to register to vote.
10 The very concept of trying to create
11 the illusion that this somehow ensnares these
12 entities into a role of the State Board of
13 Elections is not only spurious, it's absolutely
14 incorrect and, in my opinion, is being portrayed
15 here today for no other reason than to throw an
16 illusion and to thwart efforts to allow sportsmen
17 the right to register to vote. And that's what's
18 really happening today.
19 So unless there's a deeper question,
20 I think it's time now to let this debate rest.
21 Unless there's a deeper question there.
22 ACTING PRESIDENT CARLUCCI: Senator
23 Krueger.
24 SENATOR KRUEGER: Through you,
25 Mr. President, I don't think anything spurious is
438
1 happening. I didn't go to law school either, but
2 I have figured out we're in the business of
3 making laws, making sure people can follow the
4 laws, and we need to understand the laws we pass.
5 Paragraph 8 of the Senator's bill
6 affirms that "Disclosure of voter registration
7 information by the DEC, its agent or employees
8 for other than voter registration purposes shall
9 be deemed an unwarranted invasion of personal
10 privacy under the Public Officers Law."
11 Can the Public Officers Law apply to
12 employees of private businesses in this manner?
13 Because in fact in this bill we would be applying
14 those requirements to private company employees.
15 And there's a whole chain of command -- excuse
16 me, chain of custody issue in privacy rights with
17 voter registration.
18 So the Senator does seem to
19 recognize that in paragraph 8 of his bill. But I
20 just don't know whether it actually does apply to
21 private businesses and private employees of
22 private businesses, so I'm not sure our laws
23 would jibe would each other.
24 Can the Senator answer that, please?
25 ACTING PRESIDENT CARLUCCI: Does
439
1 the sponsor yield?
2 SENATOR BALL: Yes.
3 ACTING PRESIDENT CARLUCCI: The
4 Senator yields.
5 SENATOR BALL: Subdivision 8
6 specifically applies to employees and the DEC,
7 and it prohibits the disclosure of voter
8 registration information for any other purpose
9 than voter registration by DEC or its employees.
10 ACTING PRESIDENT CARLUCCI: Senator
11 Krueger.
12 SENATOR KRUEGER: Through you,
13 Mr. President, if the sponsor will continue to
14 yield.
15 ACTING PRESIDENT CARLUCCI: Does
16 the sponsor yield?
17 SENATOR BALL: Sure.
18 ACTING PRESIDENT CARLUCCI: The
19 sponsor yields.
20 SENATOR KRUEGER: Thank you.
21 Yes, I understand that part. But
22 the Public Officers Law, I don't know if that
23 applies to a Walmart clerk. But this law appears
24 that it would require it of the Walmart clerk, so
25 I'm trying to get a clarification. Have we
440
1 figured out whether the standards and laws that
2 apply under the Public Officers Law would apply
3 now, if this became law, to all employees who
4 might be handling voter registration in any one
5 of these 1500 stores?
6 ACTING PRESIDENT CARLUCCI: Senator
7 Ball.
8 SENATOR BALL: Okay, so to say this
9 once again on this point. Subdivision 8
10 specifically applies to the DEC or its employees.
11 It prohibits the disclosure of voter registration
12 information for any other purpose than voter
13 registration by the DEC and its employees.
14 Walmart is not listed in there,
15 Dick's Sporting Goods is not listed in there, my
16 uncle's Shot Shop in Dutchess County is not
17 listed there. It's the DEC or its employees.
18 ACTING PRESIDENT CARLUCCI: Senator
19 Krueger.
20 SENATOR KRUEGER: Thank you,
21 Mr. President. If the sponsor would continue to
22 yield.
23 ACTING PRESIDENT CARLUCCI: Does
24 the sponsor yield?
25 SENATOR BALL: Yes.
441
1 ACTING PRESIDENT CARLUCCI: Yes,
2 the sponsor yields.
3 Senator Krueger.
4 SENATOR KRUEGER: So the sponsor
5 and I have both agreed we are big supporters of
6 expanded voter registration. If I'm a customer
7 at any of these stores but I don't wish a
8 hunting/fishing license but I would like to
9 register to vote, will his bill require they
10 assist me to register to vote even if I'm not
11 looking for the hunting or fishing license?
12 ACTING PRESIDENT CARLUCCI: Senator
13 Ball.
14 SENATOR BALL: These separate
15 questions you are reading and trying to create a
16 problem where there is none. This is a piece of
17 legislation that will allow those individuals who
18 are registering to get a fishing or hunting
19 license or a combination to also register to
20 vote. That's specifically what it does. It's
21 simply what it does. And it will simply allow
22 more people the right to register to vote and to
23 engage in the civic process.
24 ACTING PRESIDENT CARLUCCI: Senator
25 Krueger.
442
1 SENATOR KRUEGER: Mr. President, if
2 the sponsor would continue to yield.
3 ACTING PRESIDENT CARLUCCI: Does
4 the sponsor yield?
5 SENATOR KRUEGER: So the sponsor
6 has argued he wants to make sure that people who
7 are registering for hunting and fishing licenses
8 to be able to register to vote at the same time.
9 I have told him I agree, everybody who's a hunter
10 or fisherman should be encouraged and supported
11 to register to vote.
12 I don't understand why all the other
13 clients of these 1500 stores shouldn't have equal
14 rights to take advantage of the right to register
15 to vote at these locations. Is the sponsor
16 actually opposed to non-hunters-and-fishermen
17 being able to register to vote?
18 ACTING PRESIDENT CARLUCCI: Senator
19 Ball.
20 SENATOR BALL: So I guess by that
21 suggestion we could say that the Motor Voter Act
22 of 1993, that those people that did not have a
23 driver's license or do not go to the Motor
24 Vehicles, that in some way that we tried to
25 infringe upon their rights.
443
1 So that's not -- that's not the
2 intent in any way. And I can continue to repeat
3 myself, but I'm not going to. I think my
4 previous points stand.
5 ACTING PRESIDENT CARLUCCI: Senator
6 Krueger.
7 SENATOR KRUEGER: Through you,
8 Mr. President, I will speak on the bill because
9 my colleague doesn't wish to answer more
10 questions.
11 ACTING PRESIDENT CARLUCCI: Senator
12 Krueger on the bill.
13 SENATOR KRUEGER: Thank you.
14 I want people to be able to register
15 to vote. I want them to get help where they
16 register to vote when they need it; it can be
17 confusing. I would like more access to voter
18 registration. I think that's a good thing for
19 every citizen of the state to be able to easily
20 register to vote.
21 I am fundamentally concerned with
22 our mandating this activity onto private
23 businesses without requiring training or even
24 specific criteria of making sure they understand
25 what new legal obligations they would be taking
444
1 on upon themselves if they handled voter
2 registration.
3 I in fact don't know, if we were to
4 ask any of these 1500 stores if they want to be
5 responsible for the voter registration of the
6 citizens of New York, whether they would say
7 "Yes, I want to do that."
8 I still don't have an answer that I
9 understand to the question of if I'm a store that
10 currently handles DEC licenses, can I say "No,
11 thank you, I think it's a step too far to handle
12 the voter registration"? So why would I actually
13 have to give up my right to handle hunting and
14 fish license because I don't want to take on the
15 responsibility, under Public Officers Law, and
16 the liability of handling voter registration?
17 I am concerned that an unintended
18 consequence of this bill could be hundreds of
19 stores saying "No, we're not in the voter
20 registration business, I guess we just won't be
21 able to do hunting and fishing licenses." I
22 don't think that is the sponsor's intent, but I
23 think that is open to debate as to whether that
24 would happen.
25 I also feel fundamentally that if
445
1 you're going to agree to take on the
2 responsibility of voter registration, you
3 shouldn't be able to say no to someone because
4 they don't wish a hunting and fishing license.
5 Right now other places where voter
6 registration forms are attached to other kinds of
7 applications for other activities -- and it's
8 absolutely true, there's lots of models like
9 that. If you apply for social services, if you
10 go to DMV, if you go online with DMV. But
11 there's nothing that says unless you are going to
12 also do this you can't voter register.
13 And so I'm very concerned that
14 there's not a clarification that if I'm just the
15 mom going to Walmart to buy my groceries, that I
16 might not have the right to register to vote in
17 this store, even though other people have the
18 right because they choose to get a hunting/
19 fishing license -- which has a cost, as I
20 believe. They're not free.
21 So I am very concerned that we would
22 be setting up a two-tiered model not discouraging
23 hunting/fishing licenses from those people from
24 voting -- excuse me, not trying to discourage
25 people who hunt and fish from registering to
446
1 vote, but rather putting up a new wall preventing
2 people who don't hunt and fish from being able to
3 register to vote at the same locations as their
4 neighbors.
5 So I have many concerns about this
6 bill that have not been answered today. I don't
7 think this is something we should be rushing
8 through. I think we should be having discussions
9 with the stores, in particular, because they're
10 the ones being handed all this new
11 responsibility, and I haven't heard from any of
12 them they're rushing to take on this
13 responsibility.
14 I know that DEC is in the process of
15 computerizing many of their licenses, I believe
16 including hunting/fishing. I don't know what the
17 impact would be on that program if we were to
18 open up paper registration in 1500
19 nongovernmental facilities.
20 I'm actually not convinced that this
21 bill wouldn't have the reverse outcome of what I
22 believe the sponsor and I both want: more
23 ability to register to vote in more locations in
24 an easier, fair way throughout the state.
25 I urge my colleagues to vote no.
447
1 Thank you.
2 ACTING PRESIDENT CARLUCCI: Thank
3 you, Senator Krueger.
4 Senator Gianaris.
5 SENATOR GIANARIS: Would the
6 sponsor yield for a few questions, Mr. President?
7 ACTING PRESIDENT CARLUCCI: Does
8 the sponsor yield?
9 SENATOR BALL: Yes. How are you?
10 ACTING PRESIDENT CARLUCCI: The
11 sponsor yields.
12 Senator Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President.
15 I'm curious if the sponsor thinks
16 that hunters and fishermen in particular have
17 been disenfranchised in this state as a group, as
18 opposed to other residents or the state.
19 ACTING PRESIDENT CARLUCCI: Senator
20 Ball.
21 SENATOR BALL: So 1993, that
22 ultraconservative Bill Clinton passed the Motor
23 Voter Act allowing more people to engage in the
24 process. This simply follows up on that. And we
25 have 700,000 folks, sportsmen, fishing licenses,
448
1 hunting licenses, and we want to provide them the
2 opportunity to also register to vote similar to
3 what was done at the federal level in 1993 by
4 President Clinton. So that's what we're doing
5 here.
6 SENATOR GIANARIS: Would the
7 sponsor continue to yield, Mr. President.
8 SENATOR BALL: Sure.
9 ACTING PRESIDENT CARLUCCI: Senator
10 Gianaris.
11 SENATOR GIANARIS: I think there's
12 a distinction between the Motor Voter Law, which
13 applied to millions of people and dealt with
14 people applying for driver's licenses, or even
15 non-driver IDs, which covers millions and
16 millions of people throughout this state, and
17 what might be called a niche group in terms of
18 hunters and fishermen -- that's not my term,
19 that's Citizens Union's term. And I'm curious
20 why the sponsor is focused on hunters and
21 fishermen only among the many people that
22 interact with state agencies that might benefit
23 from the ability to register to vote.
24 ACTING PRESIDENT CARLUCCI: Senator
25 Ball.
449
1 SENATOR BALL: So what I think
2 should happen is some of the members that have
3 concerns on the piece of legislation but suggest
4 that they also support enhanced voter
5 registration, they should join me, cosponsor the
6 bill, and let's expand the categories in the
7 future. I don't see any problem with having
8 input into this to even expand the efforts.
9 But this is a very specific piece of
10 legislation. We have people that are currently
11 filling out hunting and fishing licenses, and
12 it's an easy way, a quick way to allow those same
13 people the right to register to vote.
14 ACTING PRESIDENT CARLUCCI: Senator
15 Gianaris.
16 SENATOR GIANARIS: Would the
17 sponsor yield, Mr. President?
18 ACTING PRESIDENT CARLUCCI: The
19 sponsor yields, Senator Gianaris.
20 SENATOR GIANARIS: I think the
21 sponsor pointed out correctly this is a very
22 specific piece of legislation and it applies to a
23 very specific group of people. And I'll ask my
24 original question again. Is it his position that
25 the universe of people addressed in this
450
1 legislation is particularly disenfranchised, as
2 opposed to people who don't fall within that
3 category?
4 SENATOR BALL: I answered that
5 question previously.
6 ACTING PRESIDENT CARLUCCI: Senator
7 Gianaris.
8 SENATOR GIANARIS: Would the
9 sponsor continue to yield?
10 ACTING PRESIDENT CARLUCCI: Does
11 the sponsor yield?
12 SENATOR BALL: Sure.
13 ACTING PRESIDENT CARLUCCI: Senator
14 Gianaris, the sponsor yields.
15 SENATOR GIANARIS: Does the sponsor
16 agree with Citizens Union, which in their memo on
17 this very bill said that "To ensure that laws are
18 actually enacted removing barriers to voter
19 registration, it will require that Democrats and
20 Republicans put aside efforts to gain electoral
21 advantage and instead agree to combine proposals
22 or pass multiple bills that enable New Yorkers to
23 more easily register regardless of which party
24 they are more likely to vote for"?
25 And I think the point Citizens Union
451
1 is trying to make is that arguably the intent of
2 this legislation is to get people who are more
3 likely to skew towards a certain political
4 persuasion more ability to register to vote. And
5 why would we not do something, such as a bill
6 that I have proposed, which is open up all state
7 agencies and all interactions with state agencies
8 to the same benefit, as opposed to picking just
9 one category of people?
10 ACTING PRESIDENT CARLUCCI: Senator
11 Ball.
12 SENATOR BALL: And I applaud those
13 efforts and wish you the best of luck with that
14 piece of legislation, but that's not the piece of
15 legislation before us today.
16 The one before us today is a simple
17 piece of legislation, and sportsmen are not
18 Democrat, Republican, independent, vegetarian,
19 vegan. They're sportsmen. That there's no way
20 to figure out how they're going to vote or what
21 their inclination is, and that's not what this
22 legislation is about.
23 This legislation says that out of
24 the 700,000 people that have fishing licenses and
25 hunting licenses, that we also offer them the
452
1 opportunity to register at the same time to vote.
2 It does not put an undue burden on the
3 businesses. The process is in place, and the
4 coordination is between DEC and the State Board
5 of Elections. And it's clear.
6 ACTING PRESIDENT CARLUCCI: Senator
7 Gianaris.
8 SENATOR GIANARIS: On the bill,
9 Mr. President.
10 ACTING PRESIDENT CARLUCCI: Senator
11 Gianaris on the bill.
12 SENATOR GIANARIS: I think the
13 sponsor's last point was well-taken. There are
14 in fact people who are hunters and fishermen who
15 fall under any political persuasion.
16 And in fact when we dealt with an
17 important piece of legislation last year that
18 regulated firearms, we did have bipartisan
19 support. And I want to thank Senator Skelos and
20 the Republicans for allowing us to vote on the
21 SAFE Act last year, because it was in fact an
22 important accomplishment for our state.
23 But nonetheless, I agree with
24 Citizens Union's point, which is if we're going
25 to open up pathways to voter registration, which
453
1 I wholeheartedly support and have for my entire
2 career, it's important that we do so in a uniform
3 fashion so that not only people who are
4 interacting with one particular agency get this
5 benefit, but people that interact with all the
6 state agencies get this benefit, whether they're
7 seeking a hunting license or housing assistance
8 or social services or any of a variety of
9 opportunities that the state provides.
10 And so for that reason, I will vote
11 no on this legislation, as I have in the past,
12 but will continue working with the sponsor to
13 broaden the approach.
14 ACTING PRESIDENT CARLUCCI: Senator
15 Ball.
16 SENATOR BALL: So would -- is it
17 true at this point in time that those
18 registering --
19 SENATOR GIANARIS: Mr. President,
20 point of order.
21 ACTING PRESIDENT CARLUCCI: Point
22 of order, Senator Gianaris.
23 SENATOR GIANARIS: Is Senator Ball
24 speaking on the bill? Or I don't know what
25 status he has right now.
454
1 SENATOR BALL: Do you yield for a
2 question?
3 ACTING PRESIDENT CARLUCCI: Does
4 Senator Gianaris yield for a question?
5 SENATOR GIANARIS: Yes,
6 Mr. President.
7 ACTING PRESIDENT CARLUCCI: He
8 yields.
9 Senator Ball.
10 SENATOR BALL: I promise this won't
11 be as heated as Sean Hannity's show.
12 (Laughter.)
13 SENATOR BALL: So is it true that
14 right now those registering for social services
15 are offered the opportunity to register to vote?
16 SENATOR GIANARIS: I'm sorry, I
17 couldn't hear the question.
18 ACTING PRESIDENT CARLUCCI: Senator
19 Ball, will you please repeat the question.
20 SENATOR BALL: Those folks who are
21 registering for social services, are they
22 afforded the opportunity to register to vote?
23 ACTING PRESIDENT CARLUCCI: Senator
24 Gianaris.
25 SENATOR GIANARIS: Mr. President, I
455
1 believe in certain instances they are, yes.
2 SENATOR BALL: And does the speaker
3 support those efforts?
4 ACTING PRESIDENT CARLUCCI: Senator
5 Gianaris, do you continue to yield?
6 SENATOR GIANARIS: Yes, I do.
7 ACTING PRESIDENT CARLUCCI: Senator
8 Ball.
9 SENATOR BALL: Does the Senator
10 support those efforts?
11 ACTING PRESIDENT CARLUCCI: Senator
12 Gianaris.
13 SENATOR GIANARIS: Mr. President,
14 my point of view is that anyone that interacts
15 with a state agency should have the opportunity
16 to register to vote, whether it's opportunities
17 that are already afforded or opportunities that
18 we're proposing.
19 And I don't think -- let me answer
20 the question, please, Senator Ball. I believe
21 that we shouldn't try and balance the playing
22 field or level things out by picking one -- what
23 is called by Citizens Union a niche group, as
24 opposed to another that might be viewed by others
25 as another niche group.
456
1 Let's just open it to everyone at
2 every state agency and make sure that all people
3 in this state -- upstate, downstate, suburban,
4 Republican, Democrat and everything in between --
5 has the same opportunity to register to vote,
6 which is what the goal should be.
7 SENATOR BALL: Well, if --
8 ACTING PRESIDENT CARLUCCI: And
9 I'd just ask the Senators to address all their
10 questions and comments to the chair.
11 Senator Ball.
12 SENATOR BALL: Will the speaker
13 continue to yield.
14 ACTING PRESIDENT CARLUCCI: Does
15 the speaker yield?
16 SENATOR GIANARIS: Yes, sir.
17 ACTING PRESIDENT CARLUCCI: Senator
18 Ball.
19 SENATOR BALL: So to the extent
20 that you support everybody interacting with a
21 state agency to register to vote, I just have one
22 final question. Is the DEC a state agency?
23 ACTING PRESIDENT CARLUCCI: Senator
24 Gianaris.
25 SENATOR GIANARIS: I would think
457
1 the sponsor would know the answer to that, since
2 he's a state legislator. But yes, the DEC is a
3 state agency.
4 And if I can continue speaking on
5 the bill.
6 ACTING PRESIDENT CARLUCCI: Senator
7 Gianaris on the bill.
8 SENATOR GIANARIS: I think what's
9 clear is that DEC is one state agency, one of
10 dozens of state agencies. And why would we
11 single out a particular one in which to incur
12 this benefit, as opposed to broadening it to
13 apply to all state agencies with which people
14 interact?
15 And for the reasons I indicated,
16 I'll be voting no at this time, even though I do
17 support the goal of greater voter registration.
18 ACTING PRESIDENT CARLUCCI: Thank
19 you, Senator Gianaris.
20 Senator Sanders.
21 SENATOR SANDERS: On the bill.
22 ACTING PRESIDENT CARLUCCI: Senator
23 Sanders on the bill.
24 SENATOR SANDERS: I'm going to take
25 up my colleague's offer later to work with him on
458
1 it. I do have some concerns on the bill itself.
2 It strikes me as an unfunded mandate on business
3 that we should really watch doing.
4 And I personally favor registration
5 upon demand. I favor same-day registration
6 where, if a person comes and if they're an
7 American citizen 364 days out of the year, on the
8 365th day they should be able to register and
9 vote.
10 So I think that I like the direction
11 that the sponsor is going. I think that we need
12 to go even further. So I have every intention of
13 working with him, and perhaps we can figure a way
14 that we can write it in a way that it is not an
15 unfunded mandate on business.
16 Thank you very much.
17 ACTING PRESIDENT CARLUCCI: Thank
18 you, Senator Sanders.
19 Senator Squadron.
20 SENATOR SQUADRON: Thank you. If
21 the sponsor would yield.
22 ACTING PRESIDENT CARLUCCI: Does
23 the sponsor yield?
24 SENATOR BALL: Yes.
25 ACTING PRESIDENT CARLUCCI: The
459
1 sponsor yields.
2 Senator Squadron.
3 SENATOR SQUADRON: Thank you very
4 much.
5 And I want to thank my colleagues
6 for the debate here. This is -- I've really got
7 to tell you, my initial instinct was exactly what
8 I think many of ours are, which are let's expand
9 the ability to register to vote and participate
10 in the process. And thank goodness finally on
11 the Senate floor we have that opportunity after
12 so many bills that do that have not made it here
13 and not allowed this kind of conversation.
14 This is a little bit of a strange
15 one, though, and the debate has shown that, what
16 I've heard of the debate. As an inveterate
17 mumbler, I also appreciate the extent to which
18 this debate has been followed up through mumbles.
19 And so forgive me if the sponsor has answered any
20 of these questions before.
21 But I just want to really fully
22 understand, because I think the sponsor may have
23 said something that is different than my
24 understanding of the bill when I supported it in
25 the past.
460
1 The sponsor's view is that you
2 should not be allowed to register to vote at a
3 DEC-approved hunting/fishing license location
4 unless you are also getting a license?
5 ACTING PRESIDENT CARLUCCI: Senator
6 Ball.
7 SENATOR BALL: Well, I think back
8 to the misconception by -- back to some of the
9 previous misconceptions, this does not turn the
10 business in any way into an extended arm of the
11 State Board of Elections. The DEC will
12 coordinate specifically with the State Board of
13 Elections, and they will both contemporaneously
14 do their duties.
15 So all we're saying is right now if
16 you apply for a fishing license, you apply for a
17 hunting license or a combination, that on that
18 form you will also have the opportunity to
19 register to vote.
20 SENATOR SQUADRON: If the sponsor
21 will yield.
22 SENATOR BALL: Sure.
23 ACTING PRESIDENT CARLUCCI: The
24 sponsor yields.
25 Senator Squadron.
461
1 SENATOR SQUADRON: And I know
2 there's a prohibition on using props on the
3 Senate floor, so I will not take out of my wallet
4 my fishing license. But I do have one in my
5 wallet because on my birthday I took my son to go
6 fishing for the first time, in Brooklyn. Went
7 down to Sheepshead Bay and got a little fishing
8 rod and had a fishing license. I got a fishing
9 license; my wife did not. And we are both
10 registered to vote, I know you'll be pleased to
11 hear.
12 But under this bill, if neither of
13 us were registered to vote, if we were new
14 citizens who had come to this country and just
15 gotten our citizenship, taking our son to fish
16 for the first time in the neighborhood -- we
17 caught nothing, as I'm sure you can imagine -- I
18 would be a registered voter at this point but my
19 wife wouldn't have had the same opportunity to
20 register to vote at that point that I got the
21 fishing license.
22 ACTING PRESIDENT CARLUCCI: Senator
23 Ball.
24 SENATOR BALL: There are probably a
25 myriad of different examples searching for a
462
1 problem that doesn't exist. If you get a fishing
2 license or a hunting license, under this
3 legislation you will also be afforded the
4 opportunity to register to vote. As we know,
5 there are many other ways that -- most people
6 probably in this chamber registered to vote and
7 didn't do so through a hunting and fishing
8 license. So there are many other ways.
9 In fact, just in the floor debate we
10 just heard that those that are registering for
11 social services are not only afforded the
12 opportunity but guided to register to vote.
13 That's a different state agency.
14 This is the DEC. It will expand
15 upon previous work, including the 1993
16 legislation and previous work in other chambers.
17 That's all it does. It continues to allow those
18 who want the right to vote to register and vote,
19 as other agencies do in this great state. That's
20 it.
21 SENATOR SQUADRON: If the sponsor
22 would continue to yield.
23 ACTING PRESIDENT CARLUCCI: Does
24 the sponsor yield?
25 SENATOR BALL: Yes.
463
1 ACTING PRESIDENT CARLUCCI: Senator
2 Squadron.
3 SENATOR SQUADRON: And I'm glad you
4 brought up the ability to register when you apply
5 for certain social services. Was that model the
6 one that was used in drafting this bill? In that
7 case, as in this bill, is there a -- is it on the
8 same form? Is there the prohibition, as there is
9 on this bill, in repeating information? Is that
10 how it works when you apply for social services?
11 Is that how this bill was formulated?
12 ACTING PRESIDENT CARLUCCI: Senator
13 Ball.
14 SENATOR BALL: This is based on the
15 DMV model.
16 ACTING PRESIDENT CARLUCCI: Senator
17 Squadron.
18 SENATOR SQUADRON: Just a
19 clarification of the question I asked. So if the
20 sponsor would continue to yield to clarify.
21 SENATOR BALL: Sure.
22 ACTING PRESIDENT CARLUCCI: The
23 sponsor yields.
24 Senator Squadron.
25 SENATOR SQUADRON: This model is
464
1 not based on the model of what happens when you
2 apply for social services.
3 ACTING PRESIDENT CARLUCCI: I'll
4 just remind the Senators to address all their
5 comments through the chair.
6 SENATOR SQUADRON: Through you,
7 Mr. President. Forgive me.
8 This is not based on the model of
9 what happens when you apply for social services,
10 just to clarify?
11 ACTING PRESIDENT CARLUCCI: Senator
12 Ball.
13 SENATOR BALL: That fact came out
14 in this debate. This is very specific
15 legislation, so . . .
16 SENATOR SQUADRON: If the sponsor
17 would continue to yield.
18 SENATOR BALL: Yeah.
19 ACTING PRESIDENT CARLUCCI: The
20 sponsor yields.
21 Senator Squadron.
22 SENATOR SQUADRON: We do have a
23 certain way in which you are offered a voter
24 registration form, I believe, when you apply for
25 social services that exists in the state. Why
465
1 not match this with the way that we ask people
2 applying for social services to register? And
3 why not align those two things so that they're
4 identical?
5 ACTING PRESIDENT CARLUCCI: Senator
6 Ball.
7 SENATOR BALL: You know, if you
8 look at the sections where it talks about the DEC
9 and the State Board of Elections, they will
10 still, within their confines and within their
11 regulations, do their job. And this will be
12 executed to the same level of excellency of any
13 other program, so . . .
14 ACTING PRESIDENT CARLUCCI: Senator
15 Squadron.
16 SENATOR SQUADRON: If the sponsor
17 would continue to yield. Again, to clarify,
18 because --
19 SENATOR BALL: Sure.
20 ACTING PRESIDENT CARLUCCI: The
21 sponsor yields.
22 SENATOR SQUADRON: I know there's a
23 relationship with the DMV that is the affirmative
24 relationship that was being considered here,
25 President Clinton's Motor Voter.
466
1 We've also had some talk, and in
2 fact the sponsor raised before I did the issue of
3 applying to register to vote when you apply for
4 social services. And I'm really curious here
5 whether we should align this registration with
6 that registration that already exists that's one
7 of the sponsor's examples of why this is
8 important.
9 ACTING PRESIDENT CARLUCCI: Senator
10 Ball.
11 SENATOR BALL: I just feel you're
12 trying to draw a connection. So if you want to
13 just state your point, flesh it out, and if you
14 want my opinion on that.
15 But you're searching for a windmill
16 in these conversations. There really isn't a
17 debate to be had here. I mean, this is simply
18 allowing for greater voter registration.
19 It's not an unfunded mandate in any
20 way. These businesses are already doing this.
21 They're going to work with the DEC, the DEC is
22 going to work with the State Board of Elections.
23 And this will allow people the opportunity to
24 exercise their right to vote.
25 If the fact is that some in this
467
1 chamber do not want to allow hunters, fishermen
2 and sportsmen in this state to have greater
3 access and to have the right to vote, just be
4 honest about that, state that on the floor, vote
5 no on the bill and collect a check.
6 But to try to create a false debate
7 and to try to create a thousand different
8 windmills of problems to hide the fact that maybe
9 at the end of the day you just don't want
10 sportsmen to have the right to register to vote
11 when they get their hunting and fishing license,
12 just be honest about it. No need to be
13 disingenuous and just spend 45 minutes creating
14 false illusions.
15 ACTING PRESIDENT CARLUCCI: Senator
16 Squadron.
17 SENATOR SQUADRON: Well, I don't
18 think I was asked to yield to a question there,
19 but there seemed to be a question about my
20 motives contained, so I will yield to the
21 question and respond to it.
22 ACTING PRESIDENT CARLUCCI: Senator
23 Squadron on the bill.
24 SENATOR SQUADRON: Thank you.
25 I think it's pretty clear to the
468
1 sponsor, or it should be, what we're trying to do
2 here. I actually am really concerned about
3 opening up access to register to vote. This is
4 the first bill that I recall that I've seen that
5 actually does that on the floor of this house,
6 though there are dozens, literally, that would
7 open up access to register to vote in a whole lot
8 of ways.
9 As I mentioned to the sponsor, I am
10 certainly not a serious fisherman by any stretch
11 of the imagination, but I do hold a fishing
12 license. And I do hold my right to vote and my
13 voter registration dear, simultaneously.
14 And it's strange that the sponsor,
15 rather than answer a simple question about the
16 mechanics of this bill, instead chooses to go on
17 the offensive, build up a straw man and not
18 explain why it is that we would create an
19 entirely new registration form in this context
20 when we haven't done it in the social services
21 context.
22 The truth is I've supported this
23 bill in the past because I want to open up
24 registration to vote in every way we possibly
25 can.
469
1 Here are the problems with this
2 bill, as it turns out, thanks to -- as has come
3 out during this debate. The first is you cannot
4 register to vote if you are not paying to apply
5 for a license.
6 That is completely different than
7 what happens when you apply for social services.
8 You have a tear-off, you can apply to register to
9 vote even if you don't apply for the social
10 services. That's about what happens when you go
11 to the DMV. If you go to the DMV and you don't
12 want to get a driver's license or you don't want
13 to get a nondriver ID, you can register to vote
14 at the DMV without paying the state money.
15 This would be, as far as I know --
16 I'm sure the sponsor would jump up if he knew of
17 a different example -- this is the first example
18 I know of where you had to purchase the product
19 in order to register to vote. That's problem
20 one. In the case of my wife, she wouldn't be
21 able to register.
22 The second is we're creating an
23 entirely new registration form here. Which is an
24 interesting concept, but which I worry about
25 doing it for one agency only, as opposed to for
470
1 all of the state agencies where you can register
2 to vote. Because if this is the way that we can
3 really ensure people interacting with state
4 agencies are more likely to register, we should
5 do it beyond this one.
6 And forgive me for being skeptical
7 of the fact that we're going to see another bill
8 on this floor that makes it more easy to vote
9 when over the last three years or so they have
10 been few and far between.
11 So there's a real concern here that
12 this bill is doing what it says it's doing --
13 which I do support -- and what the sponsor claims
14 is the goal here, which is to make it easier for
15 more people to register to vote when they
16 interact with state agencies, whether they're
17 getting hunting licenses, fishing licenses, food
18 stamps, public assistance or a driver's license.
19 Or become citizens. At any one of those points,
20 we want people to register to vote.
21 I want to be clear, I want every one
22 of those folks to register. I wish we had a
23 hundred percent registration among all of those
24 groups and many others. I wish we had a hundred
25 percent participation in actually voting. The
471
1 fact that we don't has been one of the major
2 issues that I've taken on in my time in the
3 Legislature.
4 This bill is designed to tighten it
5 and make it more difficult, not make it easier,
6 despite its stated aims. And I've in fact been
7 convinced of that despite the fact that -- and I
8 want to say very clear I support the mission.
9 Get people -- make it more easy to register to
10 vote when you get your hunting license. Make it
11 more easy to register to vote when you get your
12 food stamps. Make it more easy to register to
13 vote when my son and I go for a little fishing
14 license so that we can go fish off the pier in
15 Bay Ridge.
16 I support every one of those things.
17 I don't think this bill does that, as it turns
18 out. I would be happy to work with the sponsor
19 on a bill that did all of those things.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CARLUCCI: Thank
22 you, Senator Squadron.
23 Senator Stavisky.
24 SENATOR STAVISKY: Thank you,
25 Mr. President. Will the sponsor yield for a
472
1 couple of questions?
2 ACTING PRESIDENT CARLUCCI: The
3 sponsor yields.
4 Senator Stavisky.
5 SENATOR STAVISKY: Mr. President,
6 through you. If a student turns 18 and is about
7 to graduate from high school, would you extend
8 your legislation to include, as a state agency,
9 the State Education Department, requiring them to
10 provide every student graduating from a high
11 school, public or private, in New York State with
12 a voter registration form?
13 SENATOR BALL: So the legislation
14 before us is specific to hunting and fishing
15 licenses. And that's a hypothetical question.
16 But I'm happy offline to meet and to
17 talk about any future legislation that you intend
18 to introduce or want to partner on.
19 But today we have a piece of
20 legislation that would allow those applying for
21 hunting and fishing licenses to register to vote,
22 so -- and I hope to have your support.
23 ACTING PRESIDENT CARLUCCI: Senator
24 Stavisky.
25 SENATOR STAVISKY: Let me rephrase
473
1 the question, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT CARLUCCI: Does
4 the sponsor continue to yield?
5 SENATOR BALL: Yes.
6 SENATOR STAVISKY: Then the only
7 way an 18-year-old graduating can receive a voter
8 registration form is if they get a hunting and
9 fishing license? You would not extend it to the
10 State Education Department under -- in the
11 purview of this bill?
12 SENATOR BALL: This legislation is
13 not restrictive. This legislation expands upon
14 current efforts to have greater voter
15 registration. To the extent that you want to see
16 it expanded even to more state agencies or
17 beyond, then that should be a legislative effort
18 that you take part in.
19 But this legislation, we've already
20 gone through some of the agencies, including
21 Social Services, that currently facilitate voter
22 registration. This simply allows a checkoff on a
23 document to register to vote.
24 SENATOR STAVISKY: If the sponsor
25 would --
474
1 ACTING PRESIDENT CARLUCCI: Senator
2 Stavisky.
3 SENATOR STAVISKY: -- continue to
4 yield.
5 SENATOR BALL: Sure.
6 ACTING PRESIDENT CARLUCCI: The
7 sponsor yields.
8 Senator Stavisky.
9 SENATOR STAVISKY: Wouldn't you
10 agree that one of the largest groups, one of the
11 largest cohorts of unregistered voters are people
12 from the age of 18 to 21?
13 ACTING PRESIDENT CARLUCCI: Senator
14 Ball.
15 SENATOR BALL: I certainly don't
16 have the numbers before me. But we have to do
17 everything we possibly can to engage all elements
18 of the populace, including the youngest, to
19 register to vote and engage in the democracy that
20 some of my friends are fighting and dying for
21 right now.
22 And to the extent that we do that,
23 those efforts are well-suited and well-placed.
24 And this is just one example, not dissimilar to
25 what has happened in other states that would
475
1 allow those that are applying for these licenses
2 the right to register to vote.
3 ACTING PRESIDENT CARLUCCI: Senator
4 Stavisky.
5 SENATOR STAVISKY: On a different
6 front --
7 ACTING PRESIDENT CARLUCCI: Senator
8 Stavisky on the bill?
9 SENATOR STAVISKY: All right, on
10 the bill.
11 On the bill, it seems to me that one
12 of our missions must be to encourage people to
13 register to vote. And there are so many areas
14 where to me the fertile field is not necessarily
15 in the hunting and fishing license area, but in
16 areas such as students graduating from high
17 school, certainly from college. We ought to
18 encourage SUNY and CUNY to provide voter
19 registration applications. I believe they do for
20 those students who are enrolled and not
21 registered to vote.
22 But there are so many other areas at
23 the county level. I know that the Senator is
24 interested in animal rights. And when an
25 individual registers a dog or a cat with the
476
1 county to obtain a license for that animal, they
2 too should be given the opportunity to register
3 to vote if they are not already doing so.
4 So I am going to vote no, very
5 reluctantly vote no on this bill because of
6 everything that has been expressed earlier. But
7 at the same time, we've got to do our best to
8 encourage people to register to vote. So
9 unfortunately, I will vote no.
10 Thank you.
11 ACTING PRESIDENT CARLUCCI: Thank
12 you, Senator Stavisky.
13 Senator Hoylman.
14 SENATOR HOYLMAN: Thank you,
15 Mr. President. On the bill.
16 My concern, Mr. President, is that
17 this bill will be seen by the public as really a
18 cynical attempt at good government when in fact
19 it's partisan politics. We know, Mr. President,
20 that this bill, from the sponsor's questions --
21 and I want to thank him for that discussion that
22 he's had with my colleagues -- this bill is
23 directed toward gun owners, pure and simple. And
24 gun owners of course represent a certain politic,
25 partisanship, in our state, and this bill is
477
1 tailored toward their needs.
2 My concern is that in fact we should
3 be looking at the universality of voting. We
4 should be looking at issues like same-day voter
5 registration, vote by mail, early voting,
6 no-fault absentee voting.
7 But in fact this bill is creating an
8 "us" and "them." In fact, it was described as
9 people who received social services had the
10 opportunity to vote, why not people who own guns.
11 And they do, they just shouldn't have a special
12 privilege when they apply for a license. You
13 might as well call this, Mr. President, the NRA
14 Voter Assistance Act, because I believe it is
15 targeted, it is tailored toward a certain
16 electorate. And it has the danger of imbuing the
17 public with the cynicism that I think so many of
18 us fight within our districts and here in this
19 chamber.
20 So I'll be voting no, Mr. President.
21 ACTING PRESIDENT CARLUCCI: Thank
22 you, Senator Hoylman.
23 Senator Rivera.
24 SENATOR RIVERA: Thank you,
25 Mr. President. Through you, if the sponsor would
478
1 yield for a few questions.
2 ACTING PRESIDENT CARLUCCI: Does
3 the sponsor yield?
4 SENATOR BALL: Sure.
5 ACTING PRESIDENT CARLUCCI: The
6 sponsor yields.
7 Senator Rivera.
8 SENATOR RIVERA: Thank you,
9 Mr. President. Through you.
10 I am not an attorney either. But
11 there are a couple of tenderness that have been
12 thrown around that I think would be important to
13 clarify. One of them is "chain of custody."
14 So through you, Mr. President, I
15 wanted to know if, in putting together this bill,
16 whether the idea of chain of custody of that
17 particular bit of information -- or I shouldn't
18 say particular bit of information, but the voter
19 registration information itself, whether there
20 was some thought given as to the process that
21 would happen with the chain of custody of that
22 particular information from the moment that the
23 individual signs up for voter registration and it
24 getting to the Board of Elections.
25 ACTING PRESIDENT CARLUCCI: Senator
479
1 Ball.
2 SENATOR BALL: So it's the same
3 process as now in returning the form. The form
4 will be sent to the DEC, and then the DEC will
5 send that form to the State Board of Elections
6 that will adhere to all the same standards and
7 practices that they do currently. And not
8 dissimilar to the return of forms every day that
9 happens in this state probably thousands and
10 thousands of times.
11 ACTING PRESIDENT CARLUCCI: Senator
12 Rivera.
13 SENATOR RIVERA: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 ACTING PRESIDENT CARLUCCI: The
17 sponsor yields.
18 Senator Rivera.
19 SENATOR RIVERA: Thank you,
20 Mr. President. I actually want to drill down a
21 little bit further.
22 Because under normal
23 circumstances -- again, through you,
24 Mr. President -- I would say, for example, when
25 we're talking about the DMV, we're certainly
480
1 talking about a government employee, so a state
2 employee in the case of New York State DMV, who
3 not only would be trained in the managing of this
4 information, but it would be probably just one
5 individual. Or, if there's various individuals,
6 they would be trained in making sure that they
7 protect this information.
8 Through you, Mr. President, in the
9 case of a hypothetical -- as Senator Ball stated
10 earlier about Dick's Sporting Goods or Walmart,
11 is there a sense of how many individuals would be
12 handling this information and whether they --
13 let's answer that question first because I have
14 another follow-up, Mr. President. But for now,
15 does the sponsor have any idea how many folks
16 would be responsible for this information?
17 ACTING PRESIDENT CARLUCCI: Senator
18 Ball.
19 SENATOR BALL: The same employees
20 that work with the state every day to handle the
21 hunting and fishing licenses and are qualified to
22 do so would be handling these forms. And
23 Subdivision 9 states: "The Board of Elections
24 will process the application and send appropriate
25 notice of approval or rejection." It's not
481
1 dissimilar in any way to what happens currently.
2 I mean, say that you have voter
3 registration forms in a guidance office at a
4 local school or you have voter registration
5 forms -- I've seen them at many different places,
6 including businesses. And those forms are filled
7 out and sent to a state agency. This process,
8 these forms that are now being administered are
9 sent to the DEC. They will continue to be sent
10 to the DEC. And the DEC will then send those
11 forms to the State Board of Elections.
12 You know, these initial
13 applications -- today, yesterday, months ago --
14 voter information forms are filled out in any
15 number of places currently. That's not going to
16 change. What this will allow is when somebody
17 applies for that hunting and fishing license,
18 they'll also be able to register to vote, and
19 then those forms will be appropriately sent to
20 the DEC, who will forward them to the State Board
21 of Elections. It's a streamlined process, and
22 there's not an issue with it.
23 SENATOR RIVERA: Through you,
24 Mr. President, if the sponsor would continue to
25 yield.
482
1 ACTING PRESIDENT CARLUCCI: Does
2 the sponsor yield?
3 SENATOR BALL: Yes.
4 ACTING PRESIDENT CARLUCCI: Senator
5 Rivera.
6 SENATOR RIVERA: Thank you,
7 Mr. President.
8 I certainly don't disagree with the
9 sponsor's idea that once it has been sent to the
10 Department of Environmental Conservation and then
11 to be handled by the Board of Elections, I don't
12 doubt that there will be a streamlined process,
13 as he describes it. There are thousands of
14 people that do it probably across our state every
15 day. If you go to a post office and pick up a
16 registration card, as an individual you'd pick it
17 up and fill it out.
18 But see, this is where the question
19 really -- we want to dig deeper, through you,
20 Mr. President. In the case of an individual
21 going into a post office, grabbing a voter
22 registration card and filling it out, it is him
23 or her that seals it, puts it in the mail, and
24 then it is out of their hands.
25 In the case of, say, John Smith
483
1 going to a Walmart in Putnam County and saying "I
2 want to register for a fishing license," and then
3 if the form is contemporaneous -- so if you have
4 the fishing license on the top portion and the
5 voting part on the bottom portion, as I believe
6 part of the bill would be that that's the way it
7 would be organized, then before the DEC gets
8 that, there would be an employee who is a private
9 employee, not a government employee, but a
10 private employee who is a Walmart employee, for
11 example, in this hypothetical, who would be
12 responsible for receiving that information and
13 then responsible for processing that information
14 before it gets to the Department of Environmental
15 Conservation.
16 So my question, through you,
17 Mr. President, to the sponsor is have we thought
18 about before it gets to the DEC, of the
19 individuals that might be handling it before and
20 the issues of chains of custody or chain of
21 custody at that level?
22 ACTING PRESIDENT CARLUCCI: Senator
23 Ball.
24 SENATOR BALL: So right now these
25 forms are being filled out and sent into the DEC.
484
1 Anything that's done illegally, whether it be a
2 year ago, today, or a year from now, if this
3 legislation were to pass --
4 SENATOR RIVERA: Mr. President, I
5 can't hear the sponsor, I apologize.
6 SENATOR BALL: So it would be dealt
7 with the same way it is now. And right now these
8 forms are being sent to the DEC. And the changes
9 that the DEC -- which will be, according to this
10 legislation, instructed and trained and informed,
11 thank you, by the State Board of Elections, they
12 will then send those forms over to the State
13 Board of Elections.
14 SENATOR RIVERA: Through you,
15 Mr. President, if the sponsor will continue to
16 yield.
17 ACTING PRESIDENT CARLUCCI: Does
18 the sponsor yield?
19 SENATOR BALL: Yes.
20 ACTING PRESIDENT CARLUCCI: Senator
21 Rivera.
22 SENATOR RIVERA: Mr. President, I
23 still find myself -- first of all, I'm finding it
24 difficult to hear myself, that's one thing. As
25 Senator Libous says --
485
1 ACTING PRESIDENT CARLUCCI: Can we
2 have some order in the chamber, just keep
3 conversations to a minimum. Thank you.
4 Senator Rivera.
5 SENATOR RIVERA: I find myself,
6 Mr. President, quoting Senator Libous, who
7 sometimes can't hear himself. Now I couldn't
8 hear myself.
9 But I continue to be confused,
10 because if we're talking -- we have no
11 disagreement that once it gets to the DEC, it
12 will be processed in the same way that these are
13 processed now. But if we're talking about the
14 process by which John Smith, walking into a
15 Walmart and signing up for a fishing license,
16 that individual who we're talking to, let's say
17 it's Jane Smith -- not his sister or his cousin,
18 but another Smith -- Jane Smith is actually
19 taking the thing in hand, and they're responsible
20 for it at that level to a different level of
21 responsibility, it seems to me, than just a
22 fishing license.
23 We're talking about other types of
24 sensitive information that would be on there.
25 And that individual, who is an employee of a
486
1 private business, has not been trained in any way
2 to handle that information, does not know how --
3 now they're responsible for doing that, for
4 carrying this information.
5 So my question still remains for the
6 sponsor -- through you, Mr. President -- has
7 there been any thought to that process when we're
8 talking about an individual in a private business
9 and the responsibility that now they're going to
10 have, which will be compounded, to borrow my
11 colleague's phrase, as an unfunded mandate on
12 this business, to be responsible for this
13 information which under normal circumstances we
14 would have with trained individuals as at the DEC
15 or the department -- I'm sorry, the voter --
16 voter -- help me out here. The voter department.
17 Why am I blanking out on something as simple --
18 thank you, the Board of Elections. Sometimes,
19 see, when I can't hear myself, sometimes my brain
20 kind of disconnects.
21 So to finish that question again, it
22 is very different from saying--
23 SENATOR LIBOUS: Is the Senator
24 talking to himself?
25 (Laughter.)
487
1 SENATOR RIVERA: Through you,
2 Mr. President, it seems at times that I am. At
3 this particular moment, through you,
4 Mr. President, I will finish the question, again,
5 just stating it clearly.
6 A Board of Elections employee or a
7 DEC employee is trained to handle this
8 information. My question to the sponsor is, has
9 there been thought put to the individual who is a
10 private citizen working for a private business
11 and is now responsible for this information?
12 ACTING PRESIDENT CARLUCCI: Senator
13 Ball.
14 SENATOR BALL: So this -- I think
15 now for probably like the twelfth time, this does
16 not change the process right now.
17 These employees are handling state
18 documents in the sense of these hunting and
19 fishing licenses. These individuals will take
20 that document that they currently send to the
21 DEC, and they will take that document and they
22 will send it to the DEC. These are the same
23 people right now that are handling these hunting
24 and fishing licenses.
25 ACTING PRESIDENT CARLUCCI: Senator
488
1 Rivera.
2 SENATOR RIVERA: Through you,
3 Mr. President, I have one more question.
4 ACTING PRESIDENT CARLUCCI: Does
5 the sponsor yield?
6 SENATOR BALL: Yes.
7 ACTING PRESIDENT CARLUCCI: The
8 sponsor yields.
9 Senator Rivera.
10 SENATOR RIVERA: Thank you,
11 Mr. President. On page 2, line 31, which is
12 Section 4, subsection F, there's a reference to a
13 helpline. Through you, Mr. President. And so I
14 wanted to -- it's obvious that it would be
15 necessary, according to what the bill language
16 states, just in case there are questions, there
17 will be a helpline established.
18 My question is, would there be a
19 fiscal impact for the creation of this helpline
20 at the Board of Elections, that agency that I
21 didn't remember earlier? Would there be a cost
22 attached to that?
23 ACTING PRESIDENT CARLUCCI: Senator
24 Ball.
25 SENATOR BALL: Can you just repeat
489
1 that question in 10 seconds or less?
2 ACTING PRESIDENT CARLUCCI: Senator
3 Rivera.
4 SENATOR RIVERA: Absolutely,
5 Mr. President.
6 On page 2, line 31 there is a
7 reference -- through you, Mr. President -- to a
8 helpline that voters could call if they have
9 questions about the bill or -- I think that
10 there's just a reference to a helpline at the
11 Board of Elections.
12 So my question is, is there --
13 because I do not believe that such a helpline
14 exists currently. So if it does not, then is
15 there a fiscal impact tied to the creation of
16 that helpline? And what would be that fiscal
17 impact?
18 ACTING PRESIDENT CARLUCCI: Senator
19 Ball.
20 SENATOR BALL: So before the debate
21 goes on too much longer, I think what we'll do is
22 we're going to lay the bill aside in a little
23 bit.
24 But that 1-800 number is currently
25 functioning, so there's no additional cost. And
490
1 they routinely take calls all day long.
2 ACTING PRESIDENT CARLUCCI: Thank
3 you.
4 Senator Rivera.
5 SENATOR RIVERA: Mr. President,
6 very briefly on the bill.
7 ACTING PRESIDENT CARLUCCI: Senator
8 Rivera on the bill.
9 SENATOR RIVERA: I want to thank
10 the sponsor for answering some of the questions.
11 Again, I think that concerns have
12 been brought up by a couple of my colleagues.
13 There are issues of unfunded mandates on private
14 businesses, there's issues of chain of custody
15 that I do not believe have been thought through.
16 I think that the idea of getting as
17 many people registered to vote is absolutely a
18 positive and should be encouraged. And we want
19 to make sure that every citizen in the State of
20 New York gets the opportunity to participate in
21 the political process. Unfortunately, I believe
22 that this is not the best way to be able to get
23 to do that. So I will be voting in the negative.
24 Thank you, Mr. President.
25 ACTING PRESIDENT CARLUCCI: Thank
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1 you, Senator Rivera.
2 Are there other members wishing to
3 be heard?
4 (No response.)
5 ACTING PRESIDENT CARLUCCI: Senator
6 Ball.
7 SENATOR BALL: I'd like to lay the
8 bill aside for the day.
9 ACTING PRESIDENT CARLUCCI: The
10 bill is laid aside for the day.
11 Senator Libous.
12 SENATOR LIBOUS: Thank you,
13 Mr. President. Is there any further business at
14 the desk?
15 ACTING PRESIDENT CARLUCCI: There
16 is no further business at the desk.
17 SENATOR LIBOUS: All right, at this
18 time, Mr. President -- this is very important.
19 Members will want to hear this. At this time the
20 Senate is going to stand at ease. We're not
21 going to adjourn quite yet. But members may do
22 what is important to them in their lives, and
23 they will not have to come back to the chamber.
24 I figured that would be important to all of you.
25 So the Senate will stand at ease at
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1 this time.
2 ACTING PRESIDENT CARLUCCI: The
3 Senate will stand at ease.
4 (Whereupon, the Senate stood at ease
5 at 12:52 p.m.)
6 (Whereupon, the Senate reconvened at
7 1:15 p.m.)
8 SENATOR LIBOUS: Mr. President.
9 ACTING PRESIDENT CARLUCCI: The
10 Senate will come to order.
11 Senator Libous.
12 SENATOR LIBOUS: At this time could
13 you accept a hand-up from the IDC, please.
14 ACTING PRESIDENT CARLUCCI: To be
15 filed in the Journal.
16 SENATOR LIBOUS: And,
17 Mr. President, at this time we have two hand-ups
18 we'd like to bring before the desk.
19 ACTING PRESIDENT CARLUCCI: Also to
20 be filed in the Journal.
21 SENATOR LIBOUS: Mr. President, is
22 there any further business at the desk?
23 ACTING PRESIDENT CARLUCCI: There
24 is no further business at the desk.
25 SENATOR LIBOUS: Mr. President,
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1 there being no further business at the desk, I
2 move that the Senate adjourn until Monday,
3 March 3rd, at 3:00 p.m., intervening days being
4 legislative days.
5 ACTING PRESIDENT CARLUCCI: On
6 motion, the Senate stands adjourned until Monday,
7 March 3rd, at 3:00 p.m., intervening days being
8 legislative days.
9 (Whereupon, at 1:17 p.m., the Senate
10 adjourned.)
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