Regular Session - March 2, 2016
710
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 2, 2016
11 11:18 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by the Reverend Peter
11 G. Young, of the Mother Teresa Community here in
12 Albany.
13 Father Young.
14 REVEREND YOUNG: Thank you,
15 Senator.
16 Let us pray.
17 God has given us a marvelous
18 example of charity in the call to us to love one
19 another. Send down Your blessing on these
20 Senators who generously devote themselves to
21 helping our New York State citizens for a better
22 lifestyle.
23 O God, the Builder of all things,
24 that You have placed on us an obligation of
25 toil. Grant that the work that this Senate will
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1 begin today may strive to be able to better our
2 lives in New York State and to help us through
3 the goodness of again contributing to the spread
4 of this call to be Your people, the people of
5 God, on pilgrimage to our Father.
6 Amen.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Father.
9 The reading of the Journal.
10 THE SECRETARY: In Senate,
11 Tuesday, March 1st, the Senate met pursuant to
12 adjournment. The Journal of Monday,
13 February 29th, was read and approved. On
14 motion, Senate adjourned.
15 ACTING PRESIDENT GRIFFO: Without
16 objection, the Journal will stand approved as
17 read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 Secretary?
21 THE SECRETARY: On page 20,
22 Senator Carlucci moves to discharge, from the
23 Committee on Health, Assembly Bill Number 8671A
24 and substitute it for the identical Senate Bill
25 Number 6357B, Third Reading Calendar 183.
713
1 ACTING PRESIDENT GRIFFO: The
2 substitution is so ordered.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports of state
7 officers.
8 Motions and resolutions.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Could you
11 please take up previously adopted Resolution
12 Number 3311, by me, and would you read it in its
13 entirety, please.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read Resolution 3311, by Senator
16 DeFrancisco, in its entirety.
17 THE SECRETARY: Legislative
18 Resolution Number 3311, by Senator DeFrancisco,
19 congratulating the Liverpool Boys Varsity Cross
20 Country Team upon the occasion of winning the
21 2015 New York State Class A Cross Country
22 Championship.
23 "WHEREAS, Excellence and success in
24 competitive athletics can be achieved only
25 through rigorous training, mental and physical
714
1 discipline, and a dedicated coaching staff; and
2 "WHEREAS, It is the sense of this
3 Legislative Body to recognize those young
4 individuals within our midst, who by achieving
5 outstanding success in athletic competitions,
6 have inspired and brought great pride to their
7 school district and to their community; and
8 "WHEREAS, Athletic competition
9 enhances the moral and physical development of
10 the young people of this state, preparing them
11 for the future by instilling in them the value of
12 teamwork, encouraging a standard of healthy
13 living, imparting a desire for success, and
14 developing a sense of fair play and competition;
15 and
16 "WHEREAS, Attendant to such concern,
17 and in full accord with its long-standing
18 traditions, this Legislative Body is justly proud
19 to hereby recognize and congratulate the
20 Liverpool Boys Varsity Cross Country Team upon
21 the occasion of winning the 2015 New York State
22 Class A Cross Country Championship; and
23 "WHEREAS, On November 14, 2015, the
24 Liverpool Boys Varsity Cross Country Team
25 dominated the New York State Class A Cross
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1 Country Championship at Monroe-Woodbury High
2 School in Central Valley, New York, with an
3 overall final race time of 16:32, defeating eight
4 other seven-person teams which had qualified for
5 the race via sectional competitions; and
6 "WHEREAS, The course, located at
7 Monroe-Woodbury High School, had been carefully
8 crafted over the last 10 years with this specific
9 event in mind, and it delivered a challenging
10 running environment in front of an enthusiastic
11 crowd; and
12 "WHEREAS, The New York State
13 championship allowed the Liverpool Boys Varsity
14 Cross Country Team to participate at the Nike
15 Cross Nationals in Portland, Oregon, on December
16 5, 2015, at which the team finished strong,
17 placing an impressive 10th overall in the Nation;
18 and
19 "WHEREAS, No team can succeed
20 without hard work and collective talent, as is
21 the case for the Liverpool Boys Varsity Cross
22 Country Team members who participated in the
23 state competition, which include: Ben Petrella,
24 Ty Brownlow, Stevie Schulz, Ryan Comstock,
25 Terrell Coleman, Dan Hunt, and Gabe Albert; and
716
1 "WHEREAS, The athletic talent, and
2 drive to win, displayed by the Liverpool Boys
3 Varsity Cross Country Team is in great part due
4 to the efforts of Coach Tracey Vannatta and
5 Assistant Coach Andrew Dionne, who are both
6 respected mentors for their ability to develop
7 potential into excellence; and
8 "WHEREAS, Athletically and
9 academically, the outstanding members of the
10 Liverpool Boys Varsity Cross Country Team proved
11 to be a terrific combination of talent, skill and
12 dedication during the entire season; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to recognize and
16 congratulate the Liverpool Boys Varsity Cross
17 Country Team upon winning the 2015 New York State
18 Class A Cross Country Championship; and be it
19 further
20 "RESOLVED, That copies of this
21 resolution, suitably engrossed, be transmitted
22 to the aforementioned members of the Liverpool
23 Boys Varsity Cross Country Team, Coach Tracey
24 Vannatta, and Assistant Coach Andrew Dionne."
25 ACTING PRESIDENT GRIFFO: Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: Thank you,
3 Mr. President.
4 This great team is in the gallery,
5 and with their coaches. And I'm very proud that
6 they're from the school district which I share
7 with Senator Valesky, who I'm sure will be
8 speaking in a moment.
9 You know, it's a great
10 accomplishment -- a Class A championship and then
11 going to the nationals, it's an amazing thing.
12 My legs are too short, so I never could do the
13 cross country, cross country routine, and I
14 didn't have that long slender body.
15 But you do resemble in a certain way
16 some of the Senators in this chambers, namely
17 Senator Hamilton and -- well, Peralta doesn't
18 have his bow tie on today. But you've got your
19 bow ties on today, so you follow the fashion of
20 many members of the Senate. And it's a pleasure
21 seeing you here.
22 And I understand you're also good
23 students. So congratulations, first, and best of
24 success in everything you do.
25 ACTING PRESIDENT GRIFFO: Thank
718
1 you, Senator DeFrancisco.
2 Senator Valesky.
3 SENATOR VALESKY: Thank you,
4 Mr. President.
5 I'm happy to join my colleague
6 Senator DeFrancisco in sponsoring this resolution
7 and, most importantly, in representing all of you
8 in the Liverpool Central School District here in
9 the New York State Senate.
10 I want to share my sentiments of
11 congratulations to all of you not only on your
12 state championship, but obviously that made you
13 eligible to participate in the nationals in
14 Portland, Oregon. And I think it says a lot
15 about your drive and determination.
16 My understanding is that you
17 finished 10th in the nation at the nationals, so
18 that certainly is a pretty impressive feat. And
19 I know that the lessons of teamwork and hard work
20 that you have learned through this process, those
21 are lifelong lessons and I'm sure they will serve
22 you well in the future.
23 So congratulations and best of luck.
24 Thank you.
25 ACTING PRESIDENT GRIFFO: Thank
719
1 you, Senator Valesky.
2 As noted, this resolution was
3 adopted on January 21, 2016.
4 We want to welcome the Boys Cross
5 Country Team from Liverpool. Congratulations.
6 We extend the courtesies of the house to the boys
7 that are in attendance today.
8 (Applause.)
9 ACTING PRESIDENT GRIFFO: Could I
10 have some order in the house, please.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Now could you
13 take up the formerly adopted Resolution 3250 and
14 read the title only. And call on Senator Golden
15 first, please.
16 ACTING PRESIDENT GRIFFO: Before I
17 do that, Senator DeFrancisco, at your request,
18 the previous resolution was opened for
19 cosponsorship.
20 If you choose not to be a cosponsor,
21 please notify the desk.
22 The Secretary will read Resolution
23 Number 3250.
24 THE SECRETARY: Legislative
25 Resolution Number 3250, by Senator Golden,
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1 commemorating SUNY Downstate Medical Center's
2 50th Anniversary of the College of Health Related
3 Professions, College of Nursing, School of
4 Graduate Studies, and University Hospital of
5 Brooklyn.
6 ACTING PRESIDENT GRIFFO: Again,
7 I'm going to ask for some order in the house. If
8 you can take your conversations outside the
9 chamber, please.
10 Senator Golden.
11 SENATOR GOLDEN: Thank you,
12 Mr. President.
13 SUNY Downstate Medical Center is
14 celebrating its 50th anniversary. It has been an
15 outstanding graduating class over the last
16 50 years. It is ranked number seven in the
17 nation, and over 50 percent of the doctors in
18 Brooklyn were trained and got their degrees and
19 became doctors out of Downstate SUNY Medical
20 Center.
21 And its nursing programs are equal
22 to none. They are on top of their game when it
23 comes to not only their doctoring, but their
24 midwife program is among the best and it serves
25 the most minorities in the country.
721
1 This University Hospital of
2 Brooklyn, UHB, was built in 1966, and it's the
3 primary clinical training site for medical,
4 allied health and nursing students --
5 ACTING PRESIDENT GRIFFO: Senator
6 Golden -- Senator Golden -- Senator Golden,
7 excuse me.
8 (Gaveling.)
9 SENATOR GOLDEN: Brooklyn's only
10 kidney transplant service and the pediatric
11 dialysis program are signature programs of UHB.
12 And the New York State Department of Health has
13 certified UHB as an AIDS center and stroke center
14 as well as a regional prenatal center.
15 This school has done so much for the
16 graduates that it's put forward into the
17 industry, both in doctoring and in nursing.
18 They've made a difference not only in our County
19 of Kings, but they've made a difference -- one in
20 three in the State of New York are doctors that
21 are taught at this great hospital, and it has
22 done an outstanding job not just for this city
23 and state, but for the nation and for the world.
24 Many of these doctors go around the world.
25 Congratulations for their great
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1 success. Congratulations on their 50th
2 anniversary. Continue to do the great work that
3 you do and graduating the great students and
4 putting these great doctors and these great
5 nurses into the field. Thank you, and God bless
6 you.
7 Let's give them a round of applause,
8 ladies and gentlemen, please.
9 (Applause.)
10 SENATOR DeFRANCISCO: Please open
11 that for cosponsorship as well.
12 ACTING PRESIDENT GRIFFO: The
13 resolution is also opened to cosponsorship.
14 Should you choose not to be a cosponsor, notify
15 the desk.
16 As indicated, the resolution was
17 previously adopted on January 12th of this year.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: Would you
20 please read the noncontroversial calendar.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read, starting with Calendar
23 Number 99.
24 THE SECRETARY: Calendar Number 99,
25 by Senator Golden, Senate Print 692, an act to
723
1 amend the Public Authorities Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 99, those recorded in the negative are
13 Senators Hassell-Thompson, Hoylman, Krueger,
14 Montgomery, Perkins, Persaud, Rivera, Sanders,
15 Serrano, Squadron and Stavisky. Also Senator
16 Comrie.
17 Ayes, 45. Nays, 12.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 103, by Senator LaValle, Senate Print 2810, an
22 act to amend the Education Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
724
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 113, by Senator Ritchie, Senate Print 1835B, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56. Nays, 1.
19 Senator Krueger recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Also Senator
23 Espaillat recorded in the negative.
24 Ayes, 55. Nays, 2.
25 ACTING PRESIDENT GRIFFO: The bill
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1 is passed.
2 Okay, we're taking results on
3 Calendar Number 113. The Secretary will
4 reannounce.
5 THE SECRETARY: In relation to
6 Calendar 113, those recorded in the negative are
7 Senators Dilan, Espaillat, Hoylman, Krueger and
8 Sanders.
9 Ayes, 52. Nays, 5.
10 ACTING PRESIDENT GRIFFO: The bill
11 still passes.
12 The Secretary will continue.
13 THE SECRETARY: Calendar Number
14 124, by Senator Ritchie, Senate Print 518A, an
15 act to amend the Highway Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 135, by Senator O'Mara, Senate Print 1150, an act
3 to amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect on the first of November.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: In relation to
12 Calendar 135, those recorded in the negative are
13 Senators Comrie, Krueger, Montgomery and Perkins.
14 Also Senator Hassell-Thompson.
15 Ayes, 53. Nays, 5.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 148, by Senator Perkins, Senate Print 6699, an
20 act to amend the Administrative Code of the City
21 of New York.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 155, by Senator Akshar, Senate Print 6604, an act
9 to amend the Election Law.
10 SENATOR GIANARIS: Lay it aside.
11 ACTING PRESIDENT GRIFFO: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 183, substituted earlier by Member of the
15 Assembly Zebrowski, Assembly Print 8671A, an act
16 to amend the Public Health Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the same date and in the
21 same manner as a chapter of the Laws of 2015.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58.
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1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 214, by Senator Valesky, Senate Print 627, an act
5 to amend the General Business Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 And, Senator DeFrancisco, that will
17 conclude the noncontroversial reading of today's
18 active-list calendar.
19 SENATOR DeFRANCISCO: Can we now
20 take up the controversial reading.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will ring the bell.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 155, by Senator Akshar, Senate Print 6604, an act
729
1 to amend the Election Law.
2 ACTING PRESIDENT GRIFFO: Senator
3 Gianaris.
4 SENATOR GIANARIS: Thank you,
5 Mr. President. On the bill --
6 ACTING PRESIDENT GRIFFO: Senator
7 Gianaris, hang on a minute.
8 Can I have some order, please, again
9 in the chamber. Thank you.
10 Senator Gianaris.
11 SENATOR GIANARIS: Thank you,
12 Mr. President. On the bill.
13 ACTING PRESIDENT GRIFFO: On the
14 bill.
15 SENATOR GIANARIS: This legislation
16 purports to deal with a problem that's costing
17 the state $50 million due to an example of
18 gridlock that is plaguing the Capitol.
19 Due to a court order, the primary
20 date for congressional primaries had to be moved
21 from the traditional date in September. And
22 because the two houses were unable to agree on an
23 alternate date, the court mandated a date in
24 June.
25 So as we see this year, especially
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1 in a presidential year, we have a primary in
2 April for the presidency, we have a primary in
3 June for Congress, and we have the primary in
4 September for the state offices, in addition to
5 the general election.
6 The folly of having four election
7 days in one year is obvious to everyone. On the
8 one hand, it's a tremendous waste of money that
9 can be put to use helping the people of this
10 state who desperately need it. And on the other,
11 it reduces turnout of people who are voting
12 because you're asking them to come out on four
13 separate occasions within the same year.
14 This bill, however, is not the
15 answer. It suggests that we should move the
16 primary date and consolidate the federal and
17 state primaries to a date in the middle of
18 August.
19 Now, I can't imagine -- perhaps
20 other than the week between Christmas and
21 New Year's -- a worse week of the year to
22 discourage people from voting. August is a time
23 when people are away from their homes, some on
24 vacation, some seasonal workers who are traveling
25 for temporary work during the summer months. And
731
1 it is just about the worst time of the year to
2 actually have people casting their votes, unless
3 the goal is to have fewer people voting.
4 And unfortunately, if we look at the
5 pattern of this majority, I'm led to the
6 conclusion that that may in fact be the goal.
7 Depending on how far back you want to go, we
8 could start with the last redistricting process,
9 which draws our lines in such a way as to
10 predetermine the outcome, so that races are less
11 competitive and people have no incentive to go
12 out and cast a vote because the outcomes are
13 already known before Election Day.
14 Or we can talk about the majority's
15 opposition to early voting, which would
16 dramatically increase the ability of people to go
17 and cast their votes. Or we could talk about, at
18 least so far, their opposition to automatic voter
19 registration, which is a bill I carry and the
20 Governor has put into this budget. Hopefully
21 we'll see some progress on that one at least, but
22 I'm skeptical, given the history.
23 But it's no surprise that New York
24 has one of the lowest voter participation rates
25 in the country when these are the policies we
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1 enact. And to suggest that the third week of
2 August is a time when we should get people out to
3 vote is laughable to anyone who's thinking about
4 this and speaking about it honestly and
5 seriously.
6 There's a reason the court picked
7 June. In the absence of agreement, the court
8 looked at the various options available. The
9 court could have picked August, if for some
10 reason that was such a great date, but the judge
11 realized that doing it in the middle of summer
12 was not the best option and scheduled it for June
13 for the federal elections. That was a choice
14 that was made by the judge, June being better
15 than August in his mind.
16 Our leader, Senator Stewart-Cousins,
17 carries a bill that would consolidate the
18 primaries onto that date in June. The State
19 Assembly passes a bill every year that would
20 consolidate the primaries to that date in June.
21 And that seems to be the easiest answer.
22 Now, what could the explanation
23 possibly be for not going in that direction other
24 than wanting to actively discourage people from
25 participating in the electoral process by picking
733
1 a date at which fewer people are at home than
2 ever?
3 We might hear an excuse that, well,
4 the session is concluding at the end of June and
5 it would be difficult for members to campaign and
6 to go educate voters about their stances and so
7 on.
8 The session calendar is within our
9 control, my colleagues. If that's the issue, we
10 can consider other options -- we can break the
11 session and return, like they do in Congress.
12 But that cannot be the reason why we're going to
13 try and pick a date for primaries where we know
14 that we will have a dearth of voters present and
15 continue our embarrassing record of having one of
16 the lowest voter participation rates in the
17 country.
18 So for these reasons, I encourage
19 everyone to vote no on this. There's no way this
20 is going to become law, so let's be clear about
21 that. The Assembly will not move to August.
22 We've been through this for years now, at a cost
23 of $50 million per year.
24 Let's do it in June, there's no
25 reason not to, and let's end this debacle once
734
1 and for all.
2 Thank you.
3 ACTING PRESIDENT GRIFFO: Senator
4 Hoylman.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Hoylman on the bill?
9 SENATOR HOYLMAN: Thank you,
10 Mr. President.
11 Would the sponsor yield to a few
12 questions?
13 ACTING PRESIDENT GRIFFO: Will the
14 sponsor yield?
15 SENATOR AKSHAR: Happy to,
16 Mr. President.
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President.
21 Through you, who is the sponsor of
22 the Assembly bill equivalent to the legislation
23 before us today?
24 SENATOR AKSHAR: I'm not aware of
25 one. We're still -- I would encourage one to
735
1 step forward and join us.
2 SENATOR HOYLMAN: Thank you.
3 Would the sponsor continue to yield?
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR HOYLMAN: Through you,
7 Mr. President, could the sponsor describe the
8 findings from any hearings he's had on this very
9 important legislation which will change the date
10 of probably the most important civic enterprise
11 we have, which is voting?
12 SENATOR AKSHAR: While I haven't
13 held any public hearings, I have spoken to my
14 constituency and municipal leaders, and they are
15 of course in favor of consolidating the election
16 process.
17 SENATOR HOYLMAN: Through you,
18 Mr. President, if the sponsor would continue to
19 yield.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR HOYLMAN: Can the sponsor
23 point to consultations he's had maybe with
24 experts in the field of voter enfranchisement,
25 good government groups, individuals with whom
736
1 he's consulted for the proposed bill before us
2 today?
3 SENATOR AKSHAR: Mr. President,
4 again, I would say that this bill streamlines the
5 process. And if people want to vote, they'll
6 come out and vote.
7 SENATOR HOYLMAN: Through you,
8 Mr. President, would the sponsor continue to
9 yield?
10 SENATOR AKSHAR: Yes.
11 ACTING PRESIDENT GRIFFO: The
12 sponsor yields.
13 SENATOR HOYLMAN: So just to
14 clarify, the sponsor cannot name a single
15 individual outside of this chamber with whom he's
16 had a conversation regarding moving the primary
17 date to August?
18 SENATOR AKSHAR: Mr. President, as
19 I said, I've spoken to my constituency and
20 municipal leaders that I represent. Those people
21 are the most important.
22 SENATOR HOYLMAN: Through you,
23 Mr. President, if the sponsor would continue to
24 yield.
25 SENATOR AKSHAR: Of course.
737
1 ACTING PRESIDENT GRIFFO: Senator
2 Akshar yields.
3 SENATOR HOYLMAN: Can the sponsor
4 tell me any members of Congress and their staffs
5 with whom he might have spoken, given,
6 Mr. President, that this has a terrific impact on
7 members of Congress, since it will be moving
8 their primary date also?
9 SENATOR AKSHAR: Mr. President, I'm
10 happy to answer my colleague's questions if
11 they're a little bit different. My answer will
12 be the same if they're going to be the same, that
13 I've spoken to my constituency and municipal
14 leaders that I represent, and that's where I'm
15 coming up with our decision to move forward on
16 this bill.
17 ACTING PRESIDENT GRIFFO: Senator
18 Hoylman.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President. Would the sponsor continue to
21 yield?
22 SENATOR AKSHAR: Yes.
23 ACTING PRESIDENT GRIFFO: Senator
24 Akshar yields.
25 SENATOR HOYLMAN: Is the sponsor
738
1 aware of Chief Judge Sharpe's recommendation
2 dated January 27, 2012, for a new primary date?
3 SENATOR AKSHAR: Mr. President, I
4 certainly am. And I'm keenly aware of the fact
5 that Judge Sharpe had to rule because of the
6 bureaucracy that got in the way of progress.
7 And I would suggest to all of my
8 colleagues in the house that we move forward and
9 we not allow bureaucracy to stifle progress as we
10 have in the past.
11 SENATOR HOYLMAN: Mr. President,
12 would the sponsor continue to yield?
13 SENATOR AKSHAR: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR HOYLMAN: Thank you.
17 Through you, Mr. President, does the
18 sponsor know what date Judge Sharpe actually
19 recommended in his January 27, 2012, decision?
20 SENATOR AKSHAR: June 28th is my
21 understanding.
22 SENATOR HOYLMAN: Thank you.
23 Would the sponsor continue to yield?
24 SENATOR AKSHAR: Yes.
25 ACTING PRESIDENT GRIFFO: The
739
1 sponsor yields.
2 SENATOR HOYLMAN: Does the sponsor
3 have a rationale for choosing the date set forth
4 in August other than the cost savings which is
5 elucidated in the sponsor's memo? Is there
6 additional rationale for this date that he's
7 chosen?
8 SENATOR AKSHAR: No, I think where
9 I come from, the people I represent, the cost
10 savings is extremely important to the people that
11 I represent.
12 But let's talk about something else,
13 about the -- there needs to be a clear
14 distinction between the political season and the
15 work that we're expected to do in this house.
16 The people who send us here expect us to do their
17 work between January and June. And the thought
18 that we're going to be campaigning, extending the
19 political season while we're supposed to be here
20 passing an on-time budget, doing the people's
21 work, is something that I don't agree with.
22 SENATOR HOYLMAN: Would the sponsor
23 continue to yield?
24 SENATOR AKSHAR: Yes.
25 ACTING PRESIDENT GRIFFO: The
740
1 sponsor yields.
2 SENATOR HOYLMAN: Can the sponsor
3 explain to this body why an August date is more
4 cost-effective than a June date as the judge
5 recommended?
6 SENATOR AKSHAR: People are
7 accustomed now to voting in September. We picked
8 the closest date.
9 Now, look, we can have the argument
10 about the cost savings. We can save money
11 regardless of where we consolidate it. But I
12 would go back to my earlier point about making a
13 very clear distinction between campaign time and
14 the things that we're supposed to be doing in
15 this house.
16 SENATOR HOYLMAN: Would the sponsor
17 continue to yield?
18 SENATOR AKSHAR: Yes.
19 ACTING PRESIDENT GRIFFO: The
20 sponsor yields.
21 SENATOR HOYLMAN: Through you,
22 Mr. President, is the sponsor at all concerned
23 about turnout enfranchisement in the month of
24 August?
25 SENATOR AKSHAR: I think it's going
741
1 to be better in August. Again, the date is very
2 close to when we're -- people are accustomed to
3 voting.
4 ACTING PRESIDENT GRIFFO: Senator
5 Hoylman.
6 SENATOR HOYLMAN: Would the sponsor
7 continue to yield?
8 SENATOR AKSHAR: Yes.
9 ACTING PRESIDENT GRIFFO: The
10 sponsor yields.
11 SENATOR HOYLMAN: Does the sponsor
12 have any basis of fact in the statement he just
13 said, that he thinks it's going to be a higher
14 turnout in August? What statistics, factual
15 data, is he pointing to?
16 SENATOR AKSHAR: Common sense,
17 Mr. President.
18 SENATOR HOYLMAN: Would the sponsor
19 continue to yield?
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 Members, please.
23 SENATOR HOYLMAN: I'd argue that
24 most common sense is rooted in fact. And --
25 ACTING PRESIDENT GRIFFO: Are you
742
1 asking a question, Mr. Hoylman?
2 SENATOR HOYLMAN: I am, sir. And
3 would the sponsor continue to yield for another
4 question?
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields. Please direct.
7 SENATOR HOYLMAN: Is the sponsor
8 aware that statistics show that 36 percent of the
9 U.S. population actually take their summer
10 vacations in August? Is he aware of that fact?
11 SENATOR AKSHAR: I think more
12 people take their vacation in June,
13 Mr. President.
14 SENATOR HOYLMAN: Thank you,
15 Mr. President, would the sponsor continue to
16 yield?
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 Again, I'm going to caution the
20 membership.
21 SENATOR HOYLMAN: Is the sponsor
22 aware that the same study showed that actually
23 only 11 percent of Americans take their vacations
24 in June?
25 SENATOR AKSHAR: Mr. President, I'm
743
1 not aware of that statistic.
2 SENATOR HOYLMAN: Would the sponsor
3 continue to yield?
4 SENATOR AKSHAR: Certainly.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR HOYLMAN: Does the sponsor
8 know what the voter turnout was in New York in
9 2014?
10 SENATOR AKSHAR: Mr. President, I'm
11 not clear on that statistic either. I'm guessing
12 my colleague is going to give it to me.
13 ACTING PRESIDENT GRIFFO: Senator
14 Hoylman.
15 SENATOR HOYLMAN: Would the sponsor
16 continue to yield?
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR HOYLMAN: Does the sponsor
20 know that in 2014 New York had the fourth-lowest
21 voter turnout in the country at less than
22 30 percent, a civic embarrassment, as many
23 commentators noted?
24 SENATOR AKSHAR: I think,
25 Mr. President, this is why I'm excited about
744
1 consolidating the election process, so we can get
2 more people out to vote.
3 SENATOR HOYLMAN: Would the sponsor
4 continue to yield, Mr. President?
5 SENATOR AKSHAR: Certainly.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR HOYLMAN: Through you,
9 Mr. President.
10 Again, does the sponsor have any
11 basis in fact to make the assertion that voter
12 turnout will in fact increase in August under
13 this proposed plan?
14 SENATOR AKSHAR: I would have to
15 refer to my early comment about common sense.
16 SENATOR HOYLMAN: Would the sponsor
17 continue to yield?
18 SENATOR AKSHAR: Mr. President, I'm
19 happy to yield if we could talk about something
20 about the bill or outside of statistical
21 analysis.
22 ACTING PRESIDENT GRIFFO: Senator
23 Hoylman.
24 SENATOR HOYLMAN: On the bill,
25 Mr. President.
745
1 ACTING PRESIDENT GRIFFO: Senator
2 Hoylman on the bill.
3 SENATOR HOYLMAN: I think,
4 Mr. President, the sponsor has accurately summed
5 up my concerns about this legislation.
6 It seems that facts don't matter.
7 You can point to something -- you can pull a
8 figure out of the air and assert merely that
9 voter turnout will increase under this proposed
10 plan, but there's no basis in fact for that. In
11 fact, just the opposite, as we discussed. More
12 New Yorkers will be away in June, but even more
13 will be away in August.
14 August is called the dog days of
15 summer for a reason, and that's because people
16 aren't around. And it's not just people headed
17 for vacation homes. As my colleague pointed out,
18 it's seasonal workers, it's families with
19 schoolchildren, it's folks who have a break and
20 may not be available to cast a vote.
21 Mr. President, my concern is that we
22 aren't doing anything in this chamber to increase
23 voter turnout. We're pulling dates out of the
24 air, we have no basis in fact to support them,
25 we're ignoring a judge's recommendation, and
746
1 we're not working with the other house.
2 Talk about gridlock. Talk about
3 common sense. Common sense would be to march
4 over to the Assembly to have a public hearing, to
5 hash out the differences that both chambers have
6 on a date, and to come here with a bill that
7 everyone can support. Passing one-house bills is
8 not common sense, Mr. President. Passing
9 one-house bills is evidence of gridlock. That's
10 not what New Yorkers want.
11 This bill is a fig leaf, a fig leaf
12 that we can present to our constituents back home
13 and say, yeah, we're saving the state $25 million
14 or $50 million -- but the bill didn't pass. And
15 guess what? Most of those voters don't even
16 know.
17 You can put it in your newsletter,
18 but we know better here, Mr. President, that this
19 is not a realistic proposition, that we have a
20 viable date that the Assembly supports, and that
21 we should be working in tandem with them. We
22 should be holding public hearings. We should be
23 looking at the facts and the statistics. We
24 should be consulting with good government groups
25 and experts on how to increase voter turnout, not
747
1 picking a date out of the air that will in fact
2 do the opposite.
3 I'll be voting no, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Stavisky.
6 SENATOR STAVISKY: Thank you,
7 Mr. President.
8 Would the sponsor yield for a couple
9 of questions?
10 SENATOR AKSHAR: Certainly.
11 ACTING PRESIDENT GRIFFO: The
12 Senator yields.
13 SENATOR STAVISKY: I want to pick
14 up on something that was said a moment ago, the
15 fact that people are taking their vacations in
16 June. Are the children in Broome County in
17 school in June, or are they -- is that part of
18 their vacation period?
19 SENATOR AKSHAR: Senator, you know
20 what, I think this is a good bill that's going to
21 consolidate the election process and save
22 municipalities money.
23 SENATOR STAVISKY: Mr. President,
24 will the sponsor yield?
25 ACTING PRESIDENT GRIFFO: The
748
1 sponsor yields.
2 SENATOR AKSHAR: Yes.
3 SENATOR STAVISKY: That's not
4 really what I was asking. I was asking when
5 school ends in your district.
6 SENATOR AKSHAR: Mr. President,
7 that's my answer to my colleague's question.
8 SENATOR STAVISKY: All right. A
9 totally different issue, if the sponsor will
10 yield for another question.
11 SENATOR AKSHAR: Yes.
12 ACTING PRESIDENT GRIFFO: The
13 sponsor yields.
14 SENATOR STAVISKY: What is the
15 effective date on this legislation?
16 SENATOR AKSHAR: Immediately.
17 SENATOR STAVISKY: Will the sponsor
18 continue to yield?
19 SENATOR AKSHAR: Yes.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR STAVISKY: Would this
23 legislation impact elections for this year?
24 SENATOR AKSHAR: Yes.
25 SENATOR STAVISKY: In other
749
1 words -- if the sponsor would continue to yield.
2 SENATOR AKSHAR: Yes.
3 ACTING PRESIDENT GRIFFO: The
4 sponsor yields.
5 SENATOR STAVISKY: This legislation
6 would require a primary in August for this
7 election cycle?
8 SENATOR AKSHAR: Yes.
9 SENATOR STAVISKY: Good. Thank
10 you, Mr. President.
11 On the bill.
12 ACTING PRESIDENT GRIFFO: Senator
13 Stavisky on the bill.
14 SENATOR STAVISKY: For all of the
15 reasons that Senator Hoylman and Senator Gianaris
16 have outlined, I think this is not the solution.
17 I think we have a better solution,
18 and that would be Senator Stewart-Cousins'
19 version, which I think is a better answer, where
20 families can spend their time with their children
21 when they do go on vacation, not abandon them and
22 just take off in June.
23 I think it's a bad idea, and I will
24 vote no.
25 ACTING PRESIDENT GRIFFO: Senator
750
1 Gianaris.
2 SENATOR GIANARIS: Thank you,
3 Mr. President. Will the sponsor yield?
4 SENATOR AKSHAR: Happy to.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR GIANARIS: Mr. President,
8 did I understand the sponsor correctly earlier
9 that he had no interest in considering data,
10 statistical analysis, as it relates to a debate
11 on this bill?
12 SENATOR AKSHAR: Of course not. I
13 simply said that I was listening to my
14 constituency and municipal leaders that I
15 represent.
16 SENATOR GIANARIS: Would the
17 sponsor continue to yield?
18 ACTING PRESIDENT GRIFFO: Does the
19 sponsor yield?
20 SENATOR AKSHAR: Yes.
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR GIANARIS: So let me just
24 -- so I'm crystal-clear, I thought I heard
25 earlier, when Senator Hoylman asked the sponsor
751
1 to yield, the answer was only if we're not
2 discussing statistical analysis and we're
3 discussing the bill. Is that --
4 ACTING PRESIDENT GRIFFO: I think
5 it was pertinent to how and what he would yield
6 to. But he did answer the question, Senator
7 Gianaris.
8 So what is your question?
9 SENATOR GIANARIS: My question is,
10 is that still his position? Would he not
11 consider a discussion of statistical analysis as
12 it relates to this bill?
13 SENATOR AKSHAR: I'd be happy to
14 have that discussion.
15 SENATOR GIANARIS: Okay. So,
16 Senator Hoylman, would you like to reengage on a
17 statistical analysis, given that?
18 ACTING PRESIDENT GRIFFO: Senator
19 Gianaris.
20 SENATOR GIANARIS: I yield back my
21 time. Thank you, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Latimer.
24 SENATOR LATIMER: Thank you,
25 Mr. President. On the bill.
752
1 ACTING PRESIDENT GRIFFO: Senator
2 Latimer on the bill.
3 SENATOR LATIMER: There is no
4 rational reason to vote for this bill, period,
5 exclamation point.
6 I respect what my colleague had to
7 say. The constituents that I've spoken to cannot
8 wrap their heads around that we would be willing
9 to put primaries in the middle of August when
10 people are on vacation, kids are out of school,
11 and the likelihood of finding a certain
12 percentage of people at home is as low as it is.
13 They would not understand at all why
14 we would have a primary date at a time when the
15 weather is generally pretty miserable. Late
16 August is one of the worst temperature times, and
17 June is much more temperate. And there's no
18 reason to vote for this bill. If you look at
19 what we've said before, some of my colleagues
20 have pointed out that a federal judge has already
21 opined -- having looked at the options of going
22 to August or other dates, had picked a date in
23 June. We would be coordinating with that date
24 that has already passed muster from the
25 judiciary.
753
1 I heard comments that relate to,
2 Well, we want to do our work and pass our budget
3 on time. Yes, indeed. We pass our budget by
4 March 31st, not by June 31st.
5 I've heard us say that, you know,
6 the people that I represent are the people that
7 have dialogued with me. But there's 63 districts
8 in this state, and there's a variety of people
9 that live in urban districts, live in rural
10 districts, that live in suburban districts. And
11 we ought to find out what are the impacts in each
12 of those parts of the state before we gladly pass
13 a bill like this.
14 We have a bill on the table that's
15 been passed by the Assembly. We have a proposed
16 bill by Senator Stewart-Cousins that makes
17 logical sense.
18 And by having that primary done in
19 June, the argument over our legislative schedule,
20 which affects 200-some-odd elected officials and
21 our staffs, can easily be adjusted by the way we
22 deal with our calendar here. Nothing prevents us
23 from, at the end of the budget season on
24 March 31st, getting everything else done in one
25 month.
754
1 You know how much time we waste in
2 this Legislature, both houses, during this
3 ramp-up time. We waste time in February, leading
4 to March. We basically buzz off the month of
5 April waiting to get to something that usually
6 happens the last two weeks of June. We could
7 just as easily make that the last two weeks in
8 April if it was necessary, and then come back
9 after the primary in July if there was something
10 that was urgent that had to be dealt with.
11 So I hear the analysis of it. Many
12 times I say this, I understand where the votes
13 are. But we're not going to accomplish anything
14 today except make voters around this state
15 wonder, What the heck are they thinking putting a
16 primary in August?
17 With that, I will vote no.
18 ACTING PRESIDENT GRIFFO: Senator
19 Hoylman.
20 SENATOR HOYLMAN: Thank you,
21 Mr. President.
22 Would the sponsor yield to a few
23 questions on statistics?
24 SENATOR AKSHAR: Yes.
25 ACTING PRESIDENT GRIFFO: The
755
1 sponsor will yield.
2 SENATOR HOYLMAN: Thank you.
3 Through you, Mr. President, does the
4 sponsor know how many states hold their primaries
5 in June?
6 SENATOR AKSHAR: I'm not entirely
7 sure, Mr. President, but I do know that 14 other
8 states in this great nation have their primaries
9 in August.
10 ACTING PRESIDENT GRIFFO: Senator
11 Hoylman.
12 SENATOR HOYLMAN: Would the sponsor
13 continue to yield?
14 SENATOR AKSHAR: Yes.
15 ACTING PRESIDENT GRIFFO: The
16 sponsor yields.
17 SENATOR HOYLMAN: Has the sponsor
18 examined voter turnout and compared it to states
19 that have primaries in June versus primaries in
20 August?
21 SENATOR AKSHAR: Mr. President, I
22 think what I'd like to do, if my distinguished
23 colleague would be so kind, is I'd like take all
24 of his statistical data in my office and take it
25 into consideration, instead of having these
756
1 statistical conversations on the floor of this
2 great house. Because we haven't -- as I've said,
3 haven't reviewed this statistical data that he
4 speaks of.
5 ACTING PRESIDENT GRIFFO: You're
6 willing to do that, Senator Hoylman, to discuss
7 that with the member?
8 SENATOR HOYLMAN: Mr. President,
9 does that mean that the sponsor will take the
10 bill off of the floor today so we can review
11 data, as he suggested?
12 ACTING PRESIDENT GRIFFO: I think
13 he indicated that he'd be willing to have further
14 conversations with you to consider any potential
15 amendments.
16 SENATOR HOYLMAN: Would the sponsor
17 continue to yield?
18 SENATOR AKSHAR: Yes.
19 ACTING PRESIDENT GRIFFO: The
20 sponsor will yield.
21 SENATOR HOYLMAN: Would the sponsor
22 be willing to take the bill off the floor and
23 discuss the data, looking at statistics, looking
24 at voter turnout? Because I know the sponsor
25 wants the same thing I do, a big voter turnout in
757
1 our primaries.
2 SENATOR AKSHAR: I respectfully
3 decline my colleague's offer.
4 SENATOR HOYLMAN: Would the sponsor
5 continue to yield?
6 SENATOR AKSHAR: Yes.
7 ACTING PRESIDENT GRIFFO: The
8 sponsor yields.
9 SENATOR HOYLMAN: So can the
10 sponsor explain to me the benefit of discussing
11 the statistics that I've mentioned after we've
12 already voted on the bill?
13 SENATOR AKSHAR: Well,
14 Mr. President, as I've indicated, in coming to
15 this determination I've talked to the people that
16 I represent, municipal leaders, people from the
17 State Board of Elections. There are 14 other
18 states in this great nation that have their
19 primaries in August. And this is why we're
20 moving the bill forward.
21 So I'm not entirely sure what my
22 colleague's question was.
23 SENATOR HOYLMAN: Would the sponsor
24 continue to yield?
25 SENATOR AKSHAR: Sure.
758
1 ACTING PRESIDENT GRIFFO: The
2 sponsor yields.
3 SENATOR HOYLMAN: My question is,
4 why would we discuss improving this bill and
5 looking at statistics after having already voted
6 on it? What's the point?
7 SENATOR AKSHAR: Because,
8 Mr. President, I have a willingness to educate
9 myself on issues. I have educated myself on this
10 issue. I know that this bill ensures the fair
11 treatment for military personnel. It saves
12 municipalities money. And it draws a very clear
13 distinction between the political season and
14 legislative activities.
15 I'll go back to my earlier point.
16 The people that we represent in this great state
17 expect us to be in Albany, expect us to be doing
18 their work between January and June. This date
19 is the closest to the date now in September,
20 people are accustomed to voting in September.
21 And that's my position on the issue.
22 SENATOR HOYLMAN: Would the sponsor
23 continue to yield?
24 SENATOR AKSHAR: I think I'm all
25 through, Mr. President.
759
1 ACTING PRESIDENT GRIFFO: Senator
2 Hoylman, would you like to speak on the bill?
3 SENATOR HOYLMAN: On the bill.
4 ACTING PRESIDENT GRIFFO: Senator
5 Hoylman on the bill.
6 SENATOR HOYLMAN: I wanted to thank
7 the sponsor for at least answering some of my
8 questions. I guess we'll be convening in his
9 office after we've already voted. It doesn't
10 seem to be a very common-sense approach to
11 passing good legislation.
12 I think the common-sense approach,
13 again, Mr. President, is working with our
14 colleagues on both sides of the aisle, having
15 public hearings, engaging with the public.
16 The fact of the matter is my
17 colleague just doesn't -- in passing this bill,
18 we're not just concerned about his constituents,
19 we're concerned about the entire State of
20 New York. We are here and we bear the solemn
21 responsibility to represent the entire state.
22 So it is of the utmost importance
23 that we weigh legislation like this incredibly
24 seriously. We should be looking at automatic
25 voter registration. We should be looking at
760
1 early voting and voting by mail. The goal is to
2 increase turnout, not to hold primaries in the
3 dog days of summer.
4 Once again, Mr. President, I
5 appreciate the sponsor answering some of my
6 questions. I'm disappointed he wouldn't take
7 them all. But I'll still be voting no.
8 Thank you.
9 ACTING PRESIDENT GRIFFO: Senator
10 Squadron.
11 SENATOR SQUADRON: Thank you very
12 much.
13 Would the sponsor yield?
14 SENATOR AKSHAR: Yes.
15 ACTING PRESIDENT GRIFFO: The
16 sponsor yields.
17 SENATOR SQUADRON: I appreciate
18 that. I know we've had a fair amount of
19 conversation on this, but I do think there are
20 further questions to answer.
21 Just so that I understand the
22 "accustomed" argument that we've heard today,
23 does the sponsor feel at some point in the
24 future, after we've had many years of the divided
25 primaries and the $50 million waste that comes
761
1 with that, at some point in the future voters may
2 have become accustomed sufficiently to the June
3 primary that we could align it there? And if so,
4 what year would that be?
5 SENATOR AKSHAR: Mr. President, I
6 have no idea what year that would be.
7 ACTING PRESIDENT GRIFFO: Senator
8 Squadron.
9 SENATOR SQUADRON: Would the
10 sponsor continue to yield?
11 SENATOR AKSHAR: Yes.
12 SENATOR SQUADRON: But the sponsor
13 does agree that at some point --
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 Senator Squadron, please direct
17 through the chair.
18 SENATOR SQUADRON: Thank you,
19 Mr. President. Through you.
20 So the sponsor does agree that at
21 some point in the future people will be
22 sufficiently accustomed for us to come to
23 agreement on a June primary?
24 SENATOR AKSHAR: I didn't say that,
25 Mr. President.
762
1 SENATOR SQUADRON: If the sponsor
2 would continue to yield.
3 ACTING PRESIDENT GRIFFO: The
4 sponsor yields.
5 SENATOR SQUADRON: Does the sponsor
6 feel that at no point in the future people will
7 be sufficiently accustomed for a June primary?
8 SENATOR AKSHAR: Mr. President,
9 what the sponsor feels is that -- I'm going to
10 reiterate my point again -- that this bill
11 advances democracy, it saves taxpayers money, it
12 calls for the fair treatment of our military
13 personnel, and it calls for the clear separation
14 between the political season and our legislative
15 responsibilities.
16 SENATOR SQUADRON: If the sponsor
17 would continue to yield.
18 SENATOR AKSHAR: Yes.
19 ACTING PRESIDENT GRIFFO: The
20 sponsor yields.
21 SENATOR SQUADRON: I noted in
22 Senator Hoylman's excellent questioning that
23 36 percent of folks take vacations in August -- I
24 was actually surprised to hear this, 36 percent
25 of people take vacations in August and
763
1 11 percent, I believe, take vacations in June.
2 My sense was that the sponsor was also surprised
3 by that really quite significant statistic.
4 Just to be absolutely clear here
5 before we go ahead and vote on this one-house
6 bill, does that statistic not change the
7 sponsor's view over the likelihood of driving
8 voter turnout in August versus June?
9 SENATOR AKSHAR: It does not change
10 my position, Mr. President.
11 SENATOR SQUADRON: Great. If the
12 sponsor would continue to yield.
13 SENATOR AKSHAR: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR SQUADRON: Just to make
17 sure we're clear on it, the sponsor agrees with
18 the analysis that it would be about a $50 million
19 a year savings to align the primaries?
20 SENATOR AKSHAR: Mr. President, my
21 understanding is it's $25 million. But -- I
22 mean, that's my understanding.
23 SENATOR SQUADRON: Thank you. If
24 the sponsor would continue to yield.
25 SENATOR AKSHAR: Yes.
764
1 ACTING PRESIDENT GRIFFO: The
2 sponsor yields.
3 SENATOR SQUADRON: Let's say it was
4 $25 million. Does the sponsor know how much
5 money is saved by passing a one-house bill?
6 SENATOR AKSHAR: My guess is none.
7 SENATOR SQUADRON: Thank you.
8 On the bill, Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 Squadron on the bill.
11 SENATOR SQUADRON: And I thank the
12 sponsor for continuing to answer questions. I
13 know it can be a tedious process, but the process
14 of having bills on the floor and having questions
15 asked and answered is an important one in this
16 house. It's one many of us have suffered
17 through. And so I really do appreciate the
18 sponsor's willingness to continue doing that.
19 I think the sponsor's point is
20 correct: one-house bills save the state no
21 money. They cost the state money. They cost the
22 state money in introduction, in the paper that's
23 used for the press release after they pass. But
24 they save the state no money at all.
25 And that's the problem here at its
765
1 core. I think that we saw some statistics from
2 Senator Hoylman that suggest this will not have
3 the desired effect, the stated desired effect of
4 increasing turnout, but it also won't have the
5 stated desired effect of saving money and
6 aligning the primary dates.
7 We have some folks accustomed to
8 going out in June, if they've had congressional
9 primaries in the last couple of years; some folks
10 accustomed to going out in September. Not nearly
11 enough folks accustomed to going out in neither
12 because of our arcane election laws and
13 registration laws that we have in this state that
14 have been blocked in this house.
15 And what we should be doing is we
16 should be figuring out how to save that money, as
17 the sponsor said, for our constituents now. They
18 don't care about this debate, they care about
19 wasting their money in ways that lead to
20 increasing their taxes and their property taxes.
21 And we should do it in a way that maximizes
22 turnout as part of a broader set of reforms that
23 makes it easier for folks to vote.
24 So that's why this bill
25 unfortunately is a no today. I think the
766
1 Assembly is still in session, so we do have an
2 opportunity to start that conversation in a way
3 that could pass both houses. The clock is
4 ticking with the congressional primary coming up
5 in June, but hopefully it can get done.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Comrie.
9 SENATOR COMRIE: On the bill,
10 Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Comrie on the bill.
13 SENATOR COMRIE: I just want to
14 agree with my colleagues, most of their
15 sentiments on the need to ensure that we increase
16 voter turnout in a state that has the least voter
17 turnout -- one of the least voter turnouts in the
18 country.
19 I disagree, I think, that June is a
20 primary and one of the best months to hold an
21 election, because there are so many things that
22 are happening during the month of June. Parents
23 are engaged, people are engaged during that
24 month. There are a lot of public participation
25 in other events in June.
767
1 I think August is one of the least
2 effective times to hold anything. People are on
3 vacation, schools are closed, people are away
4 from where they're being, college students are
5 working to just get into school, moving out of
6 the state, oftentimes, to go away to get
7 educated. Many people are also going away to
8 work or going away to explore opportunities to
9 increase their educational opportunity with
10 out-of-the-state and out-of-the-country
11 opportunities.
12 We need to be focused on making
13 voting easier. We need to be focused on making
14 voting more modernized and accessible to
15 New Yorkers.
16 This August proposed primary date
17 also has not been inclusive. As the sponsor has
18 said, there has not been a public hearing on
19 this. I think one of the most critical issues
20 that we need to do to engage New Yorkers is to
21 have a public discussion about when would be the
22 most effective date to hold an election.
23 So while I understand the intent of
24 the good Senator, I understand that we need to --
25 we all need to understand that we need to make
768
1 voting more accessible to all New Yorkers. And
2 by holding a date in the middle of the summer to
3 ask people to come out to an election is
4 something that doesn't make sense.
5 I think our legislative calendar is
6 not beholden to just June. We could come back
7 here at any time during the year, complete our
8 legislative calendar. I think in some respects
9 our legislative calendar needs to be changed with
10 additional dates to be put on it, so that we
11 could have more public discussion on those issues
12 and concerns that are coming before New Yorkers,
13 and not have closed hearings or closed votes
14 without having the opportunity to hear from the
15 public.
16 I believe that we need to make sure
17 that the public has an opportunity to opine on
18 these issues in the Senate, in the chambers, in
19 the hearing rooms, or even out in the --
20 throughout the state with public hearings,
21 especially on an issue where we're trying to
22 increase voter turnout and voter participation.
23 I'll be a no vote on this,
24 Mr. President. Thank you very much.
25 ACTING PRESIDENT GRIFFO: Seeing
769
1 and hearing no other Senator that wishes to be
2 heard, the debate is closed and the Secretary
3 will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 18. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Croci to explain his vote.
12 SENATOR CROCI: Thank you,
13 Mr. President.
14 Mr. President, I heard a very lively
15 debate on this bill today. And the reason that
16 we were able to have that lively debate is
17 because of the men and women who are currently
18 serving overseas in uniform. These are the
19 individuals that give us the right to stand in
20 this chamber today in safety and have these
21 conversations.
22 So I compliment my colleague for
23 giving those men and women overseas the
24 opportunity to be part of the electoral process
25 in our country. As somebody who has cast a
770
1 ballot overseas on foreign soil for president of
2 the United States, I can tell you it's a surreal
3 experience. And I know there are other members
4 in this chamber and in the other chamber who have
5 done the same.
6 So I appreciate the ability that men
7 and women will now have to be part of the entire
8 voting process, and hopefully their ballots make
9 it back in time.
10 I also heard discussion of the using
11 of New York State driver's licenses to register
12 individuals to vote. Currently, New York State
13 is one of only four states or jurisdictions not
14 to be compliant with the federal REAL ID Act.
15 The federal REAL ID Act came out of the
16 9/11 Commission's recommendations -- a bipartisan
17 commission which recommended ways we could
18 protect ourselves in New York and around the
19 country.
20 So I'm hoping that any discussions
21 we have on this topic involve, first, New York
22 becoming compliant with federal law before we
23 seek to use our licenses for anything other than
24 driving.
25 Thank you, Mr. President. I'll be
771
1 voting aye on this legislation.
2 ACTING PRESIDENT GRIFFO: Senator
3 Croci to be recorded in the affirmative.
4 Senator Bonacic to explain his vote.
5 SENATOR BONACIC: Thank you,
6 Mr. President.
7 I'd like to thank the sponsor for
8 putting this bill forward. Fourteen other states
9 have done it, so there's an intelligence behind
10 the bill, there's knowledge of results on the
11 bill.
12 And the major argument I've heard as
13 to why this is a bad idea is because there are
14 more people around in June than in August. But
15 what's happening in this country in primaries,
16 and I've been through them, is that their voter
17 turnout is poor in primaries, whether June or
18 August. And why is that? Because voters are
19 losing confidence in the government, that's why.
20 And to vote is a privilege. To vote
21 is a privilege, and you have to do things to
22 exercise that privilege. You have to go in
23 either June or August if you have an interest in
24 government and seeing state policies.
25 So I would be more concerned -- I've
772
1 heard the arguments, and I would say to you that
2 the military accommodation, the savings of money,
3 there's intelligence to this vote.
4 And the criticism that it's a
5 one-house bill -- how many bills have we done
6 that started on both sides of the aisle that are
7 one-house bills? And they've been around two,
8 three, four years, and they could become law.
9 And they do become law. So the knock on a
10 one-house bill was a cheap shot against the
11 sponsor.
12 So I thank the sponsor. I vote aye.
13 And you will see a larger turnout, like you see
14 in the presidential elections in South Carolina,
15 where there's doubling the votes in primaries,
16 because now we're having people that inspire
17 voters. And if you get people that inspire
18 voters, you'll have more turnout in primaries,
19 instead of trying to make voting a lot more
20 easier and creating opportunities for voter
21 fraud.
22 I vote yes. Thank you,
23 Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Bonacic to be recorded in the affirmative.
773
1 Senator Gianaris to explain his
2 vote.
3 SENATOR GIANARIS: Thank you,
4 Mr. President.
5 I can think of no better display of
6 how ill-conceived this bill is than the debate
7 we've just listened to. We had a member refuse
8 to take questions. We had a suggestion that more
9 data might change the bill, yet the bill
10 continues to be voted on. I mean, I don't know
11 why we'd want to vote on a bill where there's
12 essentially an admission that we don't have all
13 the information at our disposal to make an
14 informed judgment.
15 I have heard my colleagues just
16 explain their votes, and I'd like to comment on
17 some of the issues that were raised. I heard a
18 colleague say that this whole issue exists
19 because we need more time for the military voters
20 to get their ballots. That is absolutely correct
21 and is at the forefront of all our thoughts. So
22 why not give them more time to receive their
23 ballots and vote? Why not give them two extra
24 months to get their ballots?
25 One of our colleagues said hopefully
774
1 the ballots will make it back in time. Well, we
2 don't have to say hopefully, if we move it back
3 two months and give them plenty of time to
4 receive, fill out, and mail back their ballots.
5 And I just heard someone,
6 incredulously, say voters are losing confidence.
7 I'll spare my colleagues the deduction I'm
8 drawing that Senator Bonacic thinks Donald Trump
9 is inspiring voters to vote.
10 But I will point out that voters are
11 losing confidence. They're fed up because the
12 system is rigged, and this is yet another example
13 of it. We're trying to move the primary to a day
14 where no one's going to be voting. How much more
15 rigged can you get than that?
16 Or maybe we want to draw the
17 districts in a way that makes no sense so
18 people's votes don't matter. Or maybe we want to
19 not let them vote early enough so that they have
20 to cram it into one day so fewer people vote.
21 You want to talk about what other
22 states have done? Other states that have early
23 voting have seen voter participation rates rise
24 dramatically.
25 So if we really care about people
775
1 voting, let's make it easier to vote. There's
2 ways to deal with fraud, and there's no evidence
3 that fraud is actually existing in any of the
4 states that have taken these reform measures.
5 So let's be serious. We know the
6 Assembly is not passing this. Yes, it is a
7 one-house bill that's not going anywhere. How do
8 we know that? Because this has been going on for
9 years and we've been wasting hundreds of millions
10 of dollars of the state taxpayers' money having
11 multiple elections. This year we're having four.
12 So I've heard no logical reason why
13 August is better than June. I've heard plenty of
14 reasons why August is worse than June. Let's be
15 serious about this, fix it, and let more people
16 vote in this state.
17 ACTING PRESIDENT GRIFFO: Senator
18 Gianaris to be recorded in the negative.
19 Senator Krueger to explain her vote.
20 SENATOR KRUEGER: Thank you,
21 Mr. President.
22 I also am fairly appalled at the
23 arguments being made for this date. It is clear
24 we should do a bill to combine our primaries into
25 one date. Everyone knows that. We should tie it
776
1 into the exact type of election reforms that my
2 colleagues have proposed to make life easier for
3 voters, to make sure voters have more time to
4 vote, to make sure our military abroad have more
5 time to vote with a June primary, to make sure
6 people can register more easily, and to show the
7 people of New York that we're very serious about
8 trying to get this done.
9 Last year the excuses for why we
10 couldn't do a June date were another set of
11 ridiculous arguments. I will refer my colleagues
12 back to their arguments last year why they
13 couldn't support a June single date for a
14 primary. They're different arguments, just as
15 weak as the arguments being made for this bill.
16 We should do one primary in June.
17 One of the reasons why a one-house
18 bill is a problem right now, we are so close to
19 the dates of actual petitioning if we don't have
20 a June state primary while we move forward with
21 the federal. This needs to happen now. We need
22 to make the right decision for the people of
23 New York now. We need to do a June primary for
24 both federal and state and move on legislation
25 immediately.
777
1 I vote no, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger to be recorded in the negative.
4 Senator Rivera to explain his vote.
5 SENATOR RIVERA: Thank you,
6 Mr. President.
7 Most of my colleagues have already
8 made most of these points; I will reiterate a
9 couple, and I have one at the end.
10 Number one, to suggest that our
11 objection to this bill means that we do not care
12 about men and women in uniform is incorrect. We
13 do care about our men and women in uniform. As a
14 matter of fact, not only do we thank them for
15 their service, but just as Senator Gianaris said,
16 there are changes that we could make to make it
17 easier on folks to be able to meet the deadline
18 so that they can vote. Because absolutely, they
19 certainly defend our right to have even this
20 debate, so we want to make sure that they can
21 vote.
22 Number two, there's plenty of
23 evidence that demonstrates that the changes that
24 we make in the law can actually make it harder or
25 easier for people to vote. And that when we
778
1 look -- as a matter of fact, I would suggest that
2 you look at a great book called "Why Americans
3 Don't Vote," by Frances Fox Piven and Richard
4 Cloward, from 1976, 1977, which goes into great
5 length at discussing the ways that government can
6 change policy to actually make it harder or
7 easier for people to vote. So we can create
8 barriers or we can remove barriers. This is
9 creating a barrier.
10 And last -- and I'm sorry that
11 Senator Bonacic left, because I believe that
12 there's something that he said that must be
13 corrected. Voting is not a privilege. Voting is
14 a right. There's a difference between a civil
15 liberty and a civil right. Civil liberty
16 constrains government action; a civil right
17 compels government action. And we have seen way
18 too many things in this country and its history,
19 and the actions that have to be taken by
20 government to ensure that people have access to
21 the ballot, to call it a privilege.
22 So I want to make sure that we're
23 correct about that. This bill is a wrong-headed
24 approach at trying to get more people to vote, a
25 wrong-headed approach to fix a problem that we
779
1 have as far as primaries. I'll vote in the
2 negative.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Rivera to be recorded in the negative.
6 Senator Hoylman to explain his vote?
7 Senator Hoylman passes.
8 Senator Little to explain her vote.
9 SENATOR LITTLE: Thank you,
10 Mr. President.
11 The purpose of this bill is to
12 accommodate the military. Now, the reason that
13 we had to change it from September was because
14 there may not be enough weeks for a military
15 person to get the ballot and to get it back on
16 time.
17 Believe me, our military, our men
18 and women who are serving our country are doing
19 so so that we all have the right to vote. And
20 this is important to help them have the right to
21 vote. I say that knowing from experience, since
22 my own son is deployed and he is serving in the
23 Mideast, he's been there since November, will be
24 there to June, and is on the Harry Truman carrier
25 as a naval aviator.
780
1 But the point is we may be very
2 interested in politics and we may be really
3 working and knowing who the candidates are. When
4 you're in the military and you're serving and
5 you're deployed, to have a primary that's going
6 to be in June for an election that's going to
7 take place in August is somewhat ridiculous.
8 Having that primary, all we are
9 doing is moving it up a few weeks from when it
10 has traditionally been in September, so that it
11 is ten weeks before Election Day. It gives a
12 person, whether they're interested in politics or
13 not, gives them time to know who the candidates
14 are and to really make a good vote in a primary.
15 So not only giving them the chance to vote, but
16 not moving it so far ahead that they have no idea
17 who the candidate is.
18 And when you talk about going on
19 vacation, it's easy. You just do an absentee
20 ballot and then you can go on your vacation.
21 So I vote aye, and I appreciate this
22 bill being before us. I thank the sponsor for
23 it. And it is all about concern for our military
24 men and women.
25 Thank you.
781
1 ACTING PRESIDENT GRIFFO: Senator
2 Little to be recorded in the affirmative.
3 Senator Hassell-Thompson to explain
4 her vote.
5 SENATOR HASSELL-THOMPSON: Thank
6 you, Mr. President.
7 I rise to -- Senator Gustavo Rivera
8 made the correction that I needed to make and I
9 felt compelled to make, but I want to reiterate
10 that.
11 We behave in this chambers and in
12 government as though it's a special privilege
13 that we endow the people of the State of New York
14 with the right to vote. That is not only absurd,
15 but it is legally incorrect. And we need to stop
16 saying it, we need to stop pretending in that
17 vein. Because when we do, we make people think
18 that it is not accessible to everybody.
19 Voting is and must remain accessible
20 to the people of the State of New York. It is
21 not availability, it's accessibility. And while
22 I have a great appreciation for what we're
23 attempting to do on behalf of our military, I
24 believe that there is also a preponderance of
25 people who are not in the military who would be
782
1 adversely affected by the dates that we have
2 chosen.
3 If it has been suggested that if we
4 put our heads together and come up with a date
5 that is less arbitrary and meets a standard that
6 makes some sense -- and there are several bills
7 around, by the way, that already have done that;
8 a case in point, Senator Stewart-Cousins's
9 bill -- then I would suggest that we are then
10 closer to assuming that we all want the same
11 thing.
12 I don't -- I get the impression,
13 when it is made clear that there are flaws,
14 serious flaws in the bills that we do or that we
15 present in this room, and that there are
16 solutions that would make it a better bill, that
17 we fail to acknowledge that because of political
18 considerations. I think that that's more
19 appalling than the fact that my colleague accused
20 us of taking a poor shot. It's not a poor shot.
21 It is poor government and policy development to
22 present something that does not statistically
23 make sense, that does not empirically make sense,
24 and therefore it does not meet the standard of
25 what is called common sense.
783
1 Mr. President, I will continue to
2 vote no on this bill. Thank you.
3 ACTING PRESIDENT GRIFFO: Senator
4 Hassell-Thompson to be recorded in the negative.
5 Senator Panepinto to explain his
6 vote.
7 SENATOR PANEPINTO: Mr. President,
8 the last time I looked, 14 was, you know, not
9 close to a majority of 50 states. And, you know,
10 New York should not be amongst Kansas, Arkansas,
11 North Carolina, Alaska, Missouri and Tennessee,
12 to have August primaries. Those are not the
13 states that the Empire State should be in
14 competition with to do a primary.
15 So this is a silly piece of
16 legislation. June is the time we should have it.
17 That will increase voter turnout. August will
18 not do that.
19 I vote in the negative.
20 ACTING PRESIDENT GRIFFO: Senator
21 Panepinto to be recorded in the negative.
22 Senator Larkin to explain his vote.
23 SENATOR LARKIN: You know, I've
24 been listening to this for a couple of years. I
25 don't think there's anybody in this chamber here
784
1 who was back here when it was in June. And it
2 was in June because your party wanted to get the
3 summer free. If we had it in September, oh,
4 you'd have to do all the primaries, you'd have to
5 be out there getting petitions and everything
6 else. And we moved it.
7 Ladies and gentlemen, you're talking
8 about the men of the armed forces. Not talking
9 about somebody on Third Street or Fourth Street.
10 If you think somebody commanding a combat unit in
11 Afghanistan this morning could hear us, they
12 would say: What in the hell are they talking
13 about?
14 Those of us who have been in combat,
15 I can remember my latest in Korea. You think in
16 August, March, April or May 1950 -- I was worried
17 about my ass and 208 other enlisted men. And now
18 we're talking about we've got them time, we've
19 got them {inaudible} here. I don't ever remember
20 somebody even talking to me in the election of
21 1950 about primaries, about this and about that.
22 And guess what? I didn't care either. But I
23 worried about your son or your daughter, your
24 loved one, to make sure that they were there and
25 protected.
785
1 And we're playing games with this.
2 This is our armed forces. Get off of our back
3 and sit down and get this thing straightened out,
4 because you're talking about those men and women
5 who stick up for you every day. They raised
6 their hand and said: I willingly defend this
7 country, I will fight for it. And now they come
8 here and see us in Albany. Aren't we great.
9 Now, somebody said we've done this a
10 couple of years. I told you what they did before
11 any of you were here. We made it so that
12 New York City would be very happy because they
13 didn't have to do any primaries or petitions when
14 we finished session in June.
15 Ladies and gentlemen, put those men
16 and women in harm's way in your right eye, your
17 right ear, and think about how do we do this and
18 get it out and stop playing tiddlywinks.
19 ACTING PRESIDENT GRIFFO: Senator
20 Larkin to be recorded in the affirmative.
21 Senator Latimer to explain his vote.
22 SENATOR LATIMER: Thank you,
23 Mr. President. To explain my vote.
24 I have great respect for those who
25 served in the military. My nephew Jonathan
786
1 Pungello serves, as we speak, in the Middle East,
2 a member of the U.S. Army Reserve. I'm not sure
3 where he is. I hope he's in a safe place.
4 My nephew, who at the very day of
5 his birth, I was standing there with my sister
6 and brother-in-law; I was there the day he was
7 baptized. And he's a brave young man to
8 volunteer, to go to serve his nation, as other
9 brave men -- as Colonel Larkin has, as James
10 Sanders has.
11 And I asked Jonathan Pungello, and I
12 asked him, I said, "What would it mean to you?"
13 And he said, "Look, the earlier the better. The
14 earlier the better."
15 So June is earlier than August. We
16 have great respect for the men and the women who
17 have made sacrifices for this nation. No one
18 person, no one party owns patriotism. No one
19 person, no one philosophy owns love of country.
20 Those of us who believe that this can be done in
21 June are saying the exact same things, that there
22 should be the opportunity for our men and women,
23 brave, to be able to cast their right to vote.
24 And it makes more sense to have them do it
25 earlier in the year rather than later.
787
1 Now, I respect those who have
2 served, and I respect my nephew as well.
3 ACTING PRESIDENT GRIFFO: Senator
4 Latimer to be recorded in the negative.
5 Senator Sanders to explain his vote.
6 SENATOR SANDERS: Thank you,
7 Mr. President.
8 I actually tried to stay out of this
9 debate. But my father served in World War II,
10 several uncles also. My older brother served,
11 Vietnam-era, Marines. I am a post-Vietnam-era
12 Marine grunt. My younger brother is 82nd
13 Airborne, he started going wrong. My other -- my
14 nephew: three tours Iraq, one tour Afghanistan,
15 one tour DMZ, and going. And going.
16 My friends, if we could really allow
17 everybody in here to be viewed as a patriot, if
18 we could avoid taking one issue and saying that
19 this is the only issue that there is to be a
20 patriot -- can we assume that everybody in here
21 is here because we love this country and we want
22 to do the best for it.
23 If we can do that, then we will have
24 served our armed forces the best way. We will
25 give the freedoms that they are fighting for and
788
1 that we are in one sense fighting for also. If
2 we can avoid the wrapping ourselves in a flag
3 over an issue and just allow that the other
4 person believes also. If we can do that, then we
5 can avoid a "you've got to be with this issue or
6 else you're some type of whatever that's not
7 patriotic."
8 So that's really my position, and
9 that's my explaining of my vote. I understand
10 the position that the other side is going with.
11 I differ with it, but I understand it. Doesn't
12 mean that you're not a patriot. It means that
13 you're a good patriot. You stood up for what you
14 believed in, and said it. I commend you for it.
15 I vote no on it, however. Thank
16 you.
17 ACTING PRESIDENT GRIFFO: Senator
18 Sanders to be recorded in the negative.
19 Senator Young to explain her vote.
20 SENATOR YOUNG: Thank you,
21 Mr. President.
22 It was interesting for me to hear my
23 colleague Senator Squadron talk about one-house
24 bills and his concern about one-house bills.
25 Because I wonder how many one-house bills he's
789
1 introduced.
2 I also have heard this word "I'm
3 appalled" thrown around today several times. I
4 think what's appalling here today is that my
5 colleagues on the other side of the aisle want to
6 have campaigns and elections during a time of the
7 year when we are elected to do the people's
8 business. We are elected to pass the state
9 budget. We are elected to pass bills that are
10 going to do things that are important for the
11 people of this state.
12 Whether it's to fund our schools and
13 education so that our children have a brighter
14 future, whether it's to grow jobs in the state,
15 whether it's to give our hardworking,
16 overburdened taxpayers more relief. That's what
17 we should focus on January through June, not
18 campaigns and elections.
19 I want to thank and commend my
20 colleague Senator Akshar for his leadership in
21 bringing this issue forward. It makes common
22 sense to have this primary in August, when we're
23 away from session, when we can focus on other
24 things, and we can have the people have the right
25 to vote at a time when they're accessible. And
790
1 more importantly, it won't be a time when we're
2 taken away from doing the people's business.
3 So thank you, Senator Akshar, for
4 your concern about veterans. Thank you for your
5 concern for the taxpayers of New York State.
6 Thank you for your concern for doing the right
7 thing. Thank you for your concern to be willing
8 to listen to people who have differing
9 viewpoints. That's very important too, and that
10 says a lot about who you are, not only as a
11 legislator and a person.
12 I vote aye.
13 ACTING PRESIDENT GRIFFO: Senator
14 Young to be recorded in the affirmative.
15 Is there any other explanation of
16 votes?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: Then the
19 chair will allow Senator Akshar, as the sponsor,
20 to make his final explanation of vote.
21 SENATOR AKSHAR: Mr. President,
22 thank you. I enjoyed the robust dialogue today.
23 It's not my intention, as suggested,
24 to pass a one-house bill. And I look forward to
25 working with my colleagues in the Assembly and
791
1 the Governor to start saving our municipalities
2 money.
3 Those who wear the uniform of this
4 great country and serve with distinction deserve
5 to be treated fairly. And when it comes to
6 voting, this allows them to exercise their right
7 without delay.
8 We heard a little bit about public
9 confidence in this body. So I would make the
10 argument that in the effort to restore the
11 public's confidence in us, we need to ensure that
12 we draw a very distinct line between campaigning
13 and legislative activities. The people of this
14 great state expect us to be here doing their work
15 between January and June.
16 We heard a little bit about the
17 weather. It's hot in August to pass petitions.
18 I would suggest to my colleagues they got in
19 their car or truck and drove to the North Country
20 in March, where it's cold and there's three, four
21 and five feet of snow.
22 I heard about availability of
23 polling places. Well, my friends, schools are
24 closed in August. We use schools all the time,
25 and I would suggest it would be much easier for
792
1 them -- for folks to get into schools to use them
2 as polling places.
3 Again, it's a fair treatment for
4 military personnel, it saves our hardworking
5 taxpayers money, and it establishes a very clear
6 separation between the political season and the
7 legislative process.
8 Mr. President, I vote aye.
9 ACTING PRESIDENT GRIFFO: Senator
10 Akshar votes in the affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 155, those recorded in the negative are
14 Senators Addabbo, Breslin, Comrie, Dilan,
15 Espaillat, Felder, Gianaris, Hamilton,
16 Hassell-Thompson, Hoylman, Kennedy, Krueger,
17 Latimer, Montgomery, Panepinto, Parker, Peralta,
18 Perkins, Persaud, Rivera, Sanders, Savino,
19 Serrano, Squadron, Stavisky and Stewart-Cousins.
20 Absent from voting: Senators Díaz
21 and Hannon.
22 Ayes, 34. Nays, 26.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 Senator DeFrancisco.
793
1 SENATOR DeFRANCISCO: Yes, I'd just
2 like you to recognize that this is Senator
3 Akshar's first bill.
4 And I've been here for many, many
5 years; I've never seen a harder bill fought for
6 as your first bill ever in the New York State
7 Senate. Congratulations.
8 (Applause.)
9 ACTING PRESIDENT GRIFFO: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: May we return
12 to motions and resolutions.
13 ACTING PRESIDENT GRIFFO: May I
14 have some order in the house, please.
15 We will return to motions and
16 resolutions.
17 SENATOR DeFRANCISCO: Well, I don't
18 know if it's either, but Senator Hamilton has
19 requested the opportunity to recognize a group of
20 students.
21 ACTING PRESIDENT GRIFFO: Senator
22 Hamilton.
23 SENATOR HAMILTON: Yes, the
24 resolution was presented by Senator Marty Golden,
25 so I will let him -- defer to him to speak first.
794
1 SENATOR GOLDEN: I already did.
2 SENATOR HAMILTON: You already
3 spoke?
4 So I'm here, Senator Hamilton, to
5 recognize the occupational therapists from
6 Downstate College on its 50th anniversary. Can
7 you please stand up there so I can see who you
8 are? All right. Yeah.
9 (Applause.)
10 SENATOR HAMILTON: SUNY Downstate
11 Medical Center's College of Health Related
12 Professions is celebrating its 50th anniversary.
13 Opening in the fall of 1966, along with
14 Downstate's nursing program, it initially
15 enrolled 20 students, three in physical therapy,
16 four in occupational therapy. The program
17 curriculum requires 81.5 credits, taking
18 2.5 years of study. The curriculum is composed
19 of integrated course sequences such as health
20 science, occupational therapy foundations,
21 occupational therapy practice and research,
22 theory and application.
23 Occupational therapy in general
24 helps children to develop the underlying skills
25 necessary for learning and for performing
795
1 specific tasks, but it also addresses social and
2 behavioral skills. It can help with a child's
3 self-confidence. Pediatric occupational therapy
4 helps children develop the basic sensory
5 awareness and motor skills needed for motor
6 development, learning and behavior.
7 And I want to thank Alithia Alleyne
8 for bringing the class down here today. And God
9 bless you all for doing a phenomenal job.
10 (Applause.)
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Hamilton.
13 They have been acknowledged. We
14 appreciate that. You're welcome into the
15 chamber, and we extend the courtesies of the
16 house to you.
17 SENATOR DeFRANCISCO: And the
18 Senators have asked that you come down to the
19 floor to take a photo.
20 ACTING PRESIDENT GRIFFO: If you
21 would come down to the floor, the Senators will
22 be available to meet and greet you.
23 Senator Hamilton, thank you.
24 SENATOR DeFRANCISCO: Is there any
25 further business at the desk?
796
1 ACTING PRESIDENT GRIFFO: There is
2 no further business before the desk.
3 SENATOR DeFRANCISCO: There being
4 none, then I move to adjourn until Monday,
5 March 7th, at 3:00 p.m., intervening days being
6 legislative days.
7 ACTING PRESIDENT GRIFFO: On
8 motion, the Senate will stand adjourned until
9 Monday, March 7th, at 3:00 p.m., with intervening
10 days being legislative days.
11 The Senate stands adjourned.
12 (Whereupon, at 12:43 p.m., the
13 Senate adjourned.)
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