Regular Session - January 22, 2019

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 22, 2019

11                      2:29 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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 1                P R O C E E D I N G S

 2                THE PRESIDENT:   The Senate will 

 3   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                THE PRESIDENT:   Our invocation 

 9   today will be given by Rabbi Stuart Verstandig.  

10   And I want to acknowledge he's also joined by his 

11   son, Sam.  And he serves the Young Israel of 

12   Kew Garden Hills, in Flushing.

13                Rabbi?

14                RABBI VERSTANDIG:   As we open 

15   today's session, we ask God for a blessing upon 

16   our State of New York and of the United States of 

17   America.  May we as a nation be guided by the 

18   divine to rediscover the sacred flame of our 

19   national heritage, which so many have given their 

20   lives to safeguard.  

21                Let the wounds of separation and 

22   division be healed by opening our hearts to 

23   listen to the truth on all sides, allowing us to 

24   find a higher truth that includes all.  May we 

25   learn to honor and enjoy our diversity and 


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 1   differences as a people, even as we more deeply 

 2   discover our fundamental commonalities.  

 3                May we as a people undergo a 

 4   transformation that will draw forth individuals 

 5   to lead our nation who embody courage, 

 6   compassion, and a higher vision.

 7                May our leaders inspire us and we so 

 8   inspire each other with our potential as 

 9   individuals and as a nation, that a new spirit of 

10   forgiveness, caring and honesty be born in our 

11   nation.

12                May we as a united people move with 

13   clear, directed purpose to take our place within 

14   the community of nations to help build a better 

15   future for all humankind.  

16                May we as a nation rededicate 

17   ourselves to truly living as one nation under 

18   God, indivisible, with liberty and justice for 

19   all.  

20                As we celebrated yesterday, remember 

21   when Martin Luther King, Jr., once said, and I 

22   quote:  "The ultimate measure of a man is not 

23   where he stands in moments of comfort and 

24   convenience, but where he stands in times of 

25   challenge and controversy."  


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 1                These indeed are days of challenge 

 2   and controversy.  Senators, may your decisions 

 3   here today be wise and guided by the values of 

 4   our forefathers.  

 5                May God grant life, liberty and the 

 6   pursuit of happiness to all people.  May God give 

 7   strength to the leadership of New York State and 

 8   the people of the United States, and may God 

 9   protect the great State of New York and bless us 

10   forever and always.  

11                Amen.

12                THE PRESIDENT:   The reading of the 

13   Journal.

14                THE SECRETARY:   In Senate, Monday, 

15   January 21, 2019, the Senate met pursuant to 

16   adjournment.  The Journal of Saturday, 

17   January 19, 2019, was read and approved.  On 

18   motion, the Senate adjourned.

19                THE PRESIDENT:   Without objection, 

20   the Journal stands approved as read.

21                Presentation of petitions.

22                Messages from the Assembly.

23                Messages from the Governor.

24                Reports of standing committees.

25                Reports of select committees.


                                                               426

 1                Communications and reports of state 

 2   officers.

 3                Motions and resolutions.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Madam President, 

 6   can you please call on Senator Griffo.

 7                THE PRESIDENT:   Senator Griffo.

 8                SENATOR GRIFFO:   Madam President, I 

 9   move that the following bills be discharged from 

10   their respective committees and be recommitted 

11   with instructions to strike the enacting clause:  

12   Senate Bill 175, by Senator Helming.

13                THE PRESIDENT:   So ordered.

14                SENATOR GRIFFO:   I also move, 

15   Madam President, that the following bills be 

16   discharged from their respective committees and 

17   be recommitted with instructions to strike the 

18   enacting clause:  Senate Bill 1594, by 

19   Senator O'Mara.

20                THE PRESIDENT:   So ordered.

21                SENATOR GRIFFO:   Thank you.

22                THE PRESIDENT:   Senator Gianaris.

23                SENATOR GIANARIS:   Madam President, 

24   there will be an immediate meeting of the 

25   Rules Committee in Room 332 of the Capitol.


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 1                THE PRESIDENT:   There's an 

 2   immediate meeting of the Rules Committee in 

 3   Room 332 of the Capitol.  

 4                The Senate will stand at ease.

 5                (Whereupon, the Senate stood at ease 

 6   at 2:34 p.m.)

 7                (Whereupon, the Senate reconvened at 

 8   2:55 p.m.)

 9                THE PRESIDENT:   The Senate will 

10   come to order.

11                Senator Gianaris.

12                SENATOR GIANARIS:   Thank you, 

13   Madam President.  

14                I believe there's a Rules Committee 

15   report at the desk.

16                THE PRESIDENT:   There is a 

17   Committee on Rules report at the desk, and the 

18   Secretary will read.

19                THE SECRETARY:   Senator 

20   Stewart-Cousins, from the Committee on Rules, 

21   reports the following bills:  

22                Senate Print 240, by 

23   Senator Krueger, an act to amend the 

24   Public Health Law; 

25                Senate 659A, by Senator Salazar, an 


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 1   act to amend the Insurance Law and the 

 2   Social Services Law; 

 3                Senate 660, by Senator Metzger, an 

 4   act to amend the Labor Law;

 5                Senate 1250, by Senator Sepúlveda, 

 6   an act to amend the Education Law; 

 7                Senate 1262, by Senator Mayer, an 

 8   act to amend the Education Law; 

 9                Senate 1675, by Senator Skoufis, an 

10   act to amend the Real Property Tax Law;

11                Senate 1889, by Senator Skoufis, an 

12   act to amend the Education Law; 

13                Senate 1904, by Senator Gaughran, an 

14   act to amend Chapter 97 of the Laws of 2011; 

15                Senate 2039, by Senator Seward, an 

16   act to amend the Insurance Law and a chapter of 

17   the Laws of 2018 amending the Insurance Law; 

18                Senate 2040, by Senator LaValle, an 

19   act to amend the Public Authorities Law; 

20                Senate 2041, by Senator Benjamin, an 

21   act to amend the Public Authorities Law; 

22                Senate 2042, by Senator Gounardes, 

23   an act to amend the Civil Service Law; 

24                Senate 2043, by Senator Seward, an 

25   act to amend Chapter 589 of the Laws of 2015 


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 1   amending the Insurance Law; and 

 2                Senate 2044, by Senator Ritchie, an 

 3   act to amend the Agriculture and Markets Law.  

 4                All bills ordered direct to third 

 5   reading.

 6                THE PRESIDENT:   Senator Gianaris.

 7                SENATOR GIANARIS:   I move to accept 

 8   the Rules Committee report.

 9                THE PRESIDENT:   All those in favor 

10   of accepting the report from the Rules Committee 

11   signify by saying aye.

12                (Response of "Aye.")

13                THE PRESIDENT:   Opposed?  

14                (No response.)

15                THE PRESIDENT:   The report of the 

16   Rules Committee is accepted.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Madam President, 

19   there is a Senate calendar at the desk.  We will 

20   be taking up a few bills from this calendar.  

21                And at the outset, let me just 

22   indicate to my colleagues that I think the bill 

23   of most interest will be taken up on debate at 

24   the end.  So I would encourage those on our side, 

25   if they have extensive comments, they may want to 


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 1   save them for the bill that will be -- that we 

 2   expect to be held for debate.  Of course with the 

 3   exception of the sponsors on the next two, who 

 4   I'm sure will be speaking on their bills.

 5                So with that, can we begin by 

 6   calling up Calendar Number 34.

 7                THE PRESIDENT:   The Secretary will 

 8   read.

 9                THE PRESIDENT:   Calendar Number 34, 

10   by Senator Salazar, Senate 659A, an act to amend 

11   the Insurance Law and the Social Services Law.

12                THE PRESIDENT:   Read the last 

13   section.

14                THE SECRETARY:   Section 6.  This 

15   act shall take effect January 1, 2020.

16                THE PRESIDENT:   Call the roll.

17                (The Secretary called the roll.)

18                THE PRESIDENT:   Senator Salazar to 

19   explain your vote.

20                SENATOR SALAZAR:   Thank you, 

21   Madam President.

22                I'm proud to have introduced this 

23   legislation and to be voting to pass the CCCA 

24   today.  What this signifies to New Yorkers is 

25   that we want to empower them, especially to 


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 1   empower women to exercise autonomy over our 

 2   bodies and, in turn, to have more autonomy over 

 3   our destinies.  

 4                When private insurers refuse to 

 5   cover the cost of a patient's contraception, it 

 6   presents a severe risk to the patient's economic 

 7   reproductive freedom and to their health.  No 

 8   one's healthcare decisions should be dependent on 

 9   what they can afford to pay.  

10                While this legislation will allow 

11   more New Yorkers to access the 18 types of 

12   contraception approved by the FDA, it is my hope 

13   and commitment that eventually we will go 

14   further, that we will eliminate the barriers that 

15   many New Yorkers face because healthcare is not 

16   free at point of service.  But in the future, we 

17   will have single-payer healthcare and universal 

18   healthcare in New York State.  

19                But I am proud to be voting to 

20   support this legislation today to make sure that 

21   we are expanding access to contraception.  

22                Thank you.

23                THE PRESIDENT:   Announce the 

24   result.

25                THE SECRETARY:   Those recorded in 


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 1   negative on Calendar Number 34 are 

 2   Senators Amedore, Antonacci, Felder, Funke, 

 3   Gallivan, Helming, Jordan, Lanza, Ortt, 

 4   Ranzenhofer and Ritchie.  

 5                Ayes, 51.  Nays, 11.

 6                THE PRESIDENT:   The bill is passed.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Madam President, 

 9   I'd like to pause to note that this is 

10   Senator Salazar's first bill to pass the Senate.

11                (Standing ovation.)

12                THE PRESIDENT:   Senator Gianaris.

13                SENATOR GIANARIS:   Can we please 

14   take up Senate Calendar Number 35.

15                THE PRESIDENT:   The Secretary will 

16   read.

17                THE SECRETARY:   Calendar Number 35, 

18   by Senator Metzger, Senate Print 660, an act to 

19   amend the Labor Law.

20                THE PRESIDENT:   Read the last 

21   section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                THE PRESIDENT:   Call the roll.

25                (The Secretary called the roll.)


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 1                THE PRESIDENT:   Senator Metzger to 

 2   explain your vote.

 3                SENATOR METZGER:   Thank you, 

 4   Madam President.

 5                First I'd like to acknowledge and 

 6   thank Senator Liz Krueger for her leadership on 

 7   this bill, which she first introduced five years 

 8   ago.  

 9                We are on a dangerous, slippery 

10   slope in this country when it comes to protecting 

11   an individual's right to privacy and autonomy in 

12   decision-making about family planning and 

13   reproductive health.  Since enactment of the 

14   Affordable Care Act, over 100 lawsuits have been 

15   filed by employers determined to deny workers 

16   coverage of reproductive health services and 

17   products based on the employer's own personal and 

18   political beliefs.

19                In its 2014 decision in the 

20   Hobby Lobby case, the Supreme Court for the first 

21   time recognized a qualification for a religious 

22   exemption by a corporation.

23                As Justice Ruth Bader Ginsburg 

24   argued:  "The court has essentially treated 

25   for-profit corporations as people capable of 


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 1   exercising religion, putting us on a dangerous 

 2   path with regard to employees' privacy and 

 3   personal freedoms."

 4                The Boss Bill seeks to prevent this 

 5   further encroachment by employers into the 

 6   private decisions of employees on matters that 

 7   have nothing to do with the performance of their 

 8   job.

 9                Choosing whether, when and how to 

10   have children is a decision for individuals and 

11   their families.  No one should have fear that 

12   they will lose their job or be demoted because of 

13   their own private reproductive health decisions.

14                Thank you.

15                THE PRESIDENT:   Thank you, Senator.

16                Announce the result.

17                THE SECRETARY:   Those recorded in 

18   the negative on Calendar Number 35 are 

19   Senators Amedore, Antonacci, Funke, Gallivan and 

20   Jordan.  Also Senator Ortt.  

21                Ayes, 56.  Nays, 6.

22                THE PRESIDENT:   The bill is passed.

23                (Applause from galleries.)

24                THE PRESIDENT:   Senator Gianaris.

25                SENATOR GIANARIS:   Now, 


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 1   Madam President, may we please take up 

 2   Senate Bill Number 33, by Senator Krueger.

 3                THE PRESIDENT:   The Secretary will 

 4   read.

 5                THE SECRETARY:   Calendar Number 33, 

 6   by Senator Krueger, Senate Print 240, an act to 

 7   amend the Public Health Law.

 8                SENATOR GRIFFO:   Lay it aside.

 9                THE PRESIDENT:   Lay it aside.

10                SENATOR GIANARIS:   Madam President, 

11   may we now take up the controversial reading of 

12   the calendar, please.

13                THE PRESIDENT:   The Secretary will 

14   ring the bell, and the Secretary will read.

15                THE SECRETARY:   Calendar Number 33, 

16   by Senator Krueger, Senate Print 240, an act to 

17   amend the Public Health Law.

18                THE PRESIDENT:   Senator Griffo.

19                SENATOR GRIFFO:   Madam President, I 

20   believe there's an amendment at the desk.  I 

21   waive the reading of that amendment and ask that 

22   you call upon Senator Young for an explanation.

23                THE PRESIDENT:   Thank you, Senator 

24   Griffo.

25                Upon review of the amendment, in 


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 1   accordance with Rule 6, Section 4B, I rule it 

 2   nongermane and out of order at this time.

 3                SENATOR GRIFFO:   Madam President, I 

 4   appeal the ruling of the chair and ask that you 

 5   recognize Senator Young, that she may be heard 

 6   upon that appeal.

 7                THE PRESIDENT:   The appeal has been 

 8   made and recognized, and the Senator may be 

 9   heard.  

10                But before we begin debate, I want 

11   to remind all of our guests that we must maintain 

12   decorum in this chamber, and we ask that you 

13   remain silent while observing from the gallery.  

14   All Senators have the right to be heard, and 

15   without interruption, and our stenographer needs 

16   to be able to hear what they're saying.  So I 

17   appreciate everyone's cooperation at this time.  

18   Thank you.  

19                Senator Young.

20                SENATOR YOUNG:   Thank you, 

21   Madam President.

22                These amendments are germane for the 

23   following reasons.  The amendment establishing 

24   the Maternal Mortality Review Board is germane 

25   because it creates a vital and long-overdue 


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 1   public health initiative to address 

 2   pregnancy-related deaths.  

 3                The high rates of maternal mortality 

 4   and morbidity across the United States, and 

 5   particularly in New York State, are a grave 

 6   concern that call for immediate legislative 

 7   attention due to the devastating impact on 

 8   pregnant women, their families, and the entire 

 9   New York State community.

10                The legislative intent of the RHA 

11   states that "The Legislature finds that 

12   comprehensive reproductive healthcare, including 

13   contraception and abortion, is a fundamental 

14   component of a woman's health, privacy and 

15   equality." 

16                The Governor held an event earlier 

17   this month to announce intentions for a 

18   constitutional amendment to protect abortion 

19   access.  He was joined by Hillary Clinton, who 

20   stated:  "Even in places like New York, which is 

21   home to some of the leading healthcare 

22   institutions in the world, we are in the midst of 

23   an epidemic of maternal mortality which 

24   disproportionately affects black women."

25                The RHA legislative intent goes on 


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 1   to state:  "The goal of medical regulation should 

 2   be to improve the quality and availability of 

 3   healthcare services."

 4                Under this legislation, the board 

 5   would establish systems to study causes of death 

 6   of pregnant women or death within 12 months of 

 7   the end of the pregnancy, or adverse health 

 8   outcomes resulting from pregnancy, labor or 

 9   delivery, by compiling and analyzing relevant 

10   information to devise solutions for New York's 

11   unacceptably high rates of maternal morbidity and 

12   mortality.

13                The "Policy and Purpose" section of 

14   the RHA states that "Every individual who becomes 

15   pregnant has the fundamental right to choose to 

16   carry the pregnancy to term, to give birth to a 

17   child, or to have an abortion."  

18                All pregnant women should be 

19   entitled to conditions that assure the healthiest 

20   possible pregnancy and short- and long-term 

21   health outcomes.  The RHA explicitly states that 

22   there is a right to choose to carry a pregnancy 

23   to term and a right to give birth.  The analysis 

24   of public health data on maternal mortality and 

25   morbidity that would be performed by the board is 


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 1   essential to assuring equitable access to care 

 2   for the women that choose to carry a pregnancy to 

 3   term and/or choose to give birth, as the RHA 

 4   states.

 5                The language advanced to establish 

 6   the Maternal Mortality Review Board is identical 

 7   to the bill this house voted 62-to-zero to pass 

 8   last spring, Senate 8907, sponsored by 

 9   then-Health Chair Senator Hannon.  The bill, 

10   Senate 1819, has been reintroduced by 

11   Senator Rivera without changes.

12                Like the RHA, the board is included, 

13   for the second year in a row, in the Executive's 

14   budget proposal.

15                Furthermore, the provisions 

16   establishing the Liv Act are germane because the 

17   RHA repeals the only existing state statutes 

18   intended to address illegal abortions -- domestic 

19   violence victims, for example.  Liv Abreu joined 

20   us earlier today.  Her attacker was charged under 

21   the abortion statutes that are being repealed 

22   today by the RHA.  

23                The Liv Act would establish a new 

24   section in the penal code that expressly 

25   recognizes the pregnant woman as the victim of 


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 1   violence, and that to do so violates a woman's 

 2   reproductive freedom.  When violence is done to a 

 3   pregnant woman, her reproductive freedom is 

 4   trampled, and the law should continue to provide 

 5   a remedy recognizing this harm.

 6                The provisions that restore medical 

 7   recordkeeping requirements are germane to the 

 8   bill in that they merely restore provisions the 

 9   bill intends to repeal.  Medical recordkeeping 

10   and reporting always has been crucial, and 

11   continues to be, to public health, and repealing 

12   recordkeeping for situations that may occur is 

13   counterproductive.

14                So yes, Madam President, these 

15   amendments are germane.

16                THE PRESIDENT:   Thank you, Senator.

17                I'll remind the house that the vote 

18   is on the procedures of the house and the ruling 

19   of the chair.

20                Those in favor of overruling the 

21   chair signify by saying aye.

22                (Response of "Aye.")

23                SENATOR GRIFFO:   Show of hands, 

24   please.

25                THE PRESIDENT:   A show of hands has 


                                                               441

 1   been ordered.

 2                (Show of hands.)

 3                THE SECRETARY:   Ayes, 22.

 4                THE PRESIDENT:   The ruling of the 

 5   chair stands, and the bill-in-chief is before the 

 6   house.  

 7                Senator Griffo.

 8                SENATOR GRIFFO:   Madam President, 

 9   would you recognize Senator Ritchie, please.

10                THE PRESIDENT:   Senator Ritchie.

11                SENATOR RITCHIE:   Madam President, 

12   would the sponsor yield for a few questions?  

13                THE PRESIDENT:   Will the sponsor 

14   yield?  

15                SENATOR KRUEGER:   Yes, 

16   Madam President.

17                SENATOR RITCHIE:   Good afternoon, 

18   Senator Krueger.

19                Your bill has been characterized as 

20   codifying Roe vs. Wade.  Can you explain to me 

21   the differences between Roe vs. Wade and the 

22   Reproductive Health Act?  

23                SENATOR KRUEGER:   Thank you, 

24   Madam President.

25                New York State law was passed in 


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 1   1970, pre-Roe v. Wade in 1973.  So it's 

 2   technically 46 years since Roe v. Wade was 

 3   determined by the U.S. Supreme Court, and we've 

 4   been out of compliance with our existing law 

 5   since that time, because our law predates 

 6   Roe v. Wade.  So our law does not explicitly -- 

 7   existing law in New York State does not 

 8   explicitly codify in our health statutes the 

 9   rights to abortion.

10                What this bill does is it moves 

11   abortion out of the criminal code and into the 

12   health code where it belongs, so that providers 

13   are free to provide treatment to their patients.  

14                It ensures that the health of a 

15   pregnant person, not just their life, is a factor 

16   for access to abortion later in pregnancy.  It 

17   protects a patient from being forced to carry a 

18   nonviable pregnancy to term.  And it confirms 

19   that all medical professionals licensed to 

20   provide abortions within their scope of practice 

21   are able to do so.

22                THE PRESIDENT:   Senator Ritchie.

23                SENATOR RITCHIE:   Would the sponsor 

24   continue to yield?  

25                THE PRESIDENT:   Will the sponsor 


                                                               443

 1   continue to yield?  

 2                SENATOR KRUEGER:   Certainly, 

 3   Madam President.

 4                SENATOR RITCHIE:   Can you explain 

 5   why you repealed the criminal provisions 

 6   pertaining to abortion in the Penal Law?  

 7                SENATOR KRUEGER:   Thank you.

 8                Madam President, through you, it's a 

 9   medical procedure.  It actually should never have 

10   been in the criminal code.  But again, it was 

11   1970 the last time we took up the law in New York 

12   State, so I won't presume what people were 

13   thinking in 1970.  But since 1973, it's been very 

14   explicit under federal law and under a series of 

15   federal and state constitutional lawsuits that 

16   this is a healthcare service and should be in our 

17   health statute.

18                THE PRESIDENT:   Thank you, Senator.

19                Senator Ritchie.

20                SENATOR RITCHIE:   Will the sponsor 

21   continue to yield?

22                THE PRESIDENT:   Will the sponsor 

23   continue to yield?  

24                SENATOR KRUEGER:   Certainly.

25                SENATOR RITCHIE:   Do you believe it 


                                                               444

 1   is good public policy to repeal criminal 

 2   violations for individuals who take by force a 

 3   woman's right to carry a pregnancy to term?  

 4                SENATOR KRUEGER:   I apologize, I 

 5   couldn't quite hear you.  Can you repeat that?  

 6   Through you, Madam President.

 7                SENATOR RITCHIE:   Do you believe it 

 8   is good public policy to repeal criminal 

 9   violations for individuals who take by force a 

10   woman's right to carry a pregnancy to term?  

11                SENATOR KRUEGER:   Thank you, 

12   Madam President.

13                I don't think that abortion should 

14   be within the criminal code.  I believe very 

15   strongly in New York State's laws that in fact 

16   provide a criminal penalty when someone attacks a 

17   woman, a pregnant woman, a man.  We have very 

18   specific criminal laws that can and are applied 

19   by prosecutors when someone attempts to murder 

20   someone, one attempts a violent felony against 

21   someone, one kidnaps and forces someone against 

22   their will into a situation where they can do 

23   harm to them.  So I'm very confident that 

24   New York State law allows for all kinds of 

25   appropriate criminal penalties if someone is 


                                                               445

 1   attacked, whether or not they are pregnant.

 2                But no, abortion was never a crime, 

 3   since we've established in 1970 the right and in 

 4   1973 forward.  So I don't believe the appropriate 

 5   place for criminal penalties are in -- are 

 6   related to the abortion law per se.

 7                THE PRESIDENT:   Thank you, Senator.

 8                Senator Ritchie.

 9                SENATOR RITCHIE:   Will the sponsor 

10   continue to yield?  

11                THE PRESIDENT:   Will the sponsor 

12   continue to yield?  

13                SENATOR KRUEGER:   Yes, I will.

14                SENATOR RITCHIE:   Do you think 

15   individuals who assault pregnant women should be 

16   held accountable for such assaults?  

17                SENATOR KRUEGER:   Through you, 

18   Madam President, I think anyone who assaults 

19   anyone in this state should be held accountable 

20   under our laws.  And I'm confident that whether 

21   or not we pass the Reproductive Health Act today, 

22   we have those protections throughout our criminal 

23   code.

24                THE PRESIDENT:   Senator Ritchie.

25                SENATOR RITCHIE:   Will the sponsor 


                                                               446

 1   continue to yield?

 2                SENATOR KRUEGER:   I do.

 3                THE PRESIDENT:   Will the sponsor 

 4   continue to yield?  

 5                SENATOR KRUEGER:   Yes, 

 6   Madam President.

 7                SENATOR RITCHIE:   Can you 

 8   explain -- or provide us why pregnant women are 

 9   offered special benefits in other areas of the 

10   law, such as maternity leave, special workplace 

11   accommodations, and anti-discrimination laws, but 

12   they will not be allowed in the Penal Law now?  

13                SENATOR KRUEGER:   So it's an 

14   interesting question about whether women are 

15   offered special accommodations in lots of our 

16   other laws.  Many of us spent our lives thinking 

17   women actually don't have equal treatment under 

18   many of our laws, including employment laws, and 

19   that we need more work there also.

20                But I am quite confident that a 

21   medical procedure -- abortion -- does not need to 

22   be within the criminal code and that our criminal 

23   code allows for many different options for a 

24   district attorney to charge someone with a crime 

25   against a woman or a man.


                                                               447

 1                THE PRESIDENT:   Senator Ritchie.

 2                SENATOR RITCHIE:   Would the sponsor 

 3   continue to yield?  

 4                THE PRESIDENT:   Will the sponsor 

 5   continue to yield?  

 6                SENATOR KRUEGER:   Yes, I will, 

 7   Madam President.

 8                SENATOR RITCHIE:   Currently 

 9   New York requires abortions to be performed by a 

10   physician.  What new professions are statutorily 

11   authorized by this legislation to perform 

12   abortions?  

13                SENATOR KRUEGER:   Thank you.  

14   Through you, Madam President.  Sorry, just 

15   turning to the right page.  Thank you.  

16                So medical providers that have 

17   abortion care within their scope of practice.  

18   This currently includes some physicians as well 

19   as some advanced-practice clinicians, physician 

20   assistants, nurse practitioners, and licensed 

21   midwives.

22                THE PRESIDENT:   Senator Ritchie.

23                SENATOR RITCHIE:   Would the sponsor 

24   continue to yield?  

25                THE PRESIDENT:   Will the sponsor 


                                                               448

 1   continue to yield?  

 2                SENATOR KRUEGER:   Yes, 

 3   Madam President.

 4                THE PRESIDENT:   The Senator yields.

 5                SENATOR RITCHIE:   Can you explain 

 6   who will make the ultimate decision who or what 

 7   type of doctor or nurse practitioner would be 

 8   able to perform the abortion?  

 9                SENATOR KRUEGER:   Yes, in New York 

10   State you are a licensed physician, M.D. or D.O., 

11   and advanced-practice clinicians function under 

12   your authority.  

13                So there may be a physician who 

14   hires physician assistants and/or nurse 

15   practitioners and/or licensed midwives who are 

16   performing procedures within their scope of 

17   practice in that field.

18                The State Education Department 

19   regulates the licensing of professions and 

20   establishes the definitions of who meets that 

21   licensing criteria and the scope of practice.

22                THE PRESIDENT:   Senator Ritchie.

23                SENATOR RITCHIE:   If the sponsor 

24   would continue to yield.

25                THE PRESIDENT:   Will the sponsor 


                                                               449

 1   yield?

 2                SENATOR KRUEGER:   Yes, Madam 

 3   President.

 4                THE PRESIDENT:   The Senator yields.

 5                SENATOR RITCHIE:   What specific 

 6   training will these health professionals receive 

 7   before performing abortions?  

 8                SENATOR KRUEGER:   Through you, 

 9   Madam President, I am not a trainer of healthcare 

10   providers nor a healthcare provider.  The State 

11   Education Department establishes specific 

12   licensing and scope of practice.  And we have 

13   many, many practitioners under advanced-practice- 

14   clinician categories in New York State.  

15                Interestingly, Madam President, in 

16   1970, when our law was written, we had nothing 

17   known as a physician assistant, a nurse 

18   practitioner, or a licensed midwife.  They simply 

19   didn't exist as licensed professions.  Hence, the 

20   1970 law was silent on them.  

21                But since then we have established 

22   specific healthcare professions with licensing 

23   and scope of practice and training that is 

24   defined as appropriate for different activities 

25   and different kinds of healthcare, and so these 


                                                               450

 1   categories are included.

 2                Through you, Madam President.

 3                THE PRESIDENT:   Thank you, Senator.

 4                Senator Ritchie.

 5                SENATOR RITCHIE:   Would the sponsor 

 6   continue to yield?  

 7                SENATOR KRUEGER:   Yes, I will.

 8                THE PRESIDENT:   The Senator yields.

 9                SENATOR RITCHIE:   Section 4164 of 

10   the Public Health Law concerns recordkeeping.  It 

11   is good public policy and practice to maintain 

12   data in records of medical procedures.  Does this 

13   bill keep current recordkeeping procedures for 

14   abortions and live births?  

15                SENATOR KRUEGER:   Through you, 

16   Madam President, this bill doesn't say anything 

17   about changing procedures on tracking or records.  

18   So I'm not that familiar with the Public Health 

19   Law on recordkeeping, but this bill does nothing 

20   to change it.

21                THE PRESIDENT:   Thank you, Senator.  

22                Senator Ritchie.

23                SENATOR RITCHIE:   Will the sponsor 

24   continue to yield?  

25                THE PRESIDENT:   Does the sponsor 


                                                               451

 1   continue to yield?  

 2                SENATOR KRUEGER:   Yes, I will.

 3                THE PRESIDENT:   The Senator yields.

 4                SENATOR KRUEGER:   Are there any 

 5   protections under this bill for religious 

 6   organizations and hospitals from having to 

 7   perform abortions?

 8                SENATOR KRUEGER:   This bill does 

 9   nothing to change existing protections for 

10   individuals or institutions.  Both the state and 

11   federal law contain provisions that protect 

12   individuals and hospitals from being forced to 

13   provide abortion.  The Reproductive Health Act 

14   does not eliminate existing state or federal 

15   conscience provisions that protect institutions 

16   and providers with moral objection to abortion.  

17                The existing protections in the law 

18   are included in the New York Civil Rights Law, 

19   79.I; in the NYCRR, 405.9(B)10.  Protections 

20   under federal law include 42 USC 300a-7; 42 USC 

21   1396u-2(b)(3), 42 USC 238n, and 42 USC 

22   1395w-22(j)(3)(b), Madam President.

23                THE PRESIDENT:   Senator Ritchie.

24                SENATOR RITCHIE:   Would the sponsor 

25   continue to yield?  


                                                               452

 1                THE PRESIDENT:   Will the sponsor 

 2   continue to yield?  

 3                SENATOR KRUEGER:   Certainly, 

 4   Madam President.

 5                THE PRESIDENT:   The Senator yields.

 6                SENATOR RITCHIE:   Are religious 

 7   hospitals protected if they take steps to protect 

 8   a viable fetus?  

 9                SENATOR KRUEGER:   Through you, 

10   Madam President, it is the responsibility of the 

11   medical professional, in coordination with the 

12   patient, to handle any circumstances that may 

13   take place between them and their patient.  So 

14   whether or not they're in a religious facility or 

15   any other facility, that same standard would 

16   apply.

17                THE PRESIDENT:   Thank you, Senator.

18                Senator Ritchie.

19                SENATOR RITCHIE:   Though I disagree 

20   with Senator Krueger on this bill, I want to 

21   thank her for her responses.  

22                And I want to say that I am still 

23   strongly opposed to this bill and will be voting 

24   in the negative.

25                THE PRESIDENT:   Thank you, Senator.


                                                               453

 1                Any other Senators wishing to be 

 2   heard?  

 3                Senator Lanza.

 4                SENATOR LANZA:   Yes, 

 5   Madam President.  Would the sponsor yield for a 

 6   couple of questions?  

 7                THE PRESIDENT:   Will the sponsor 

 8   yield?  

 9                SENATOR KRUEGER:   Certainly, 

10   Madam President.

11                THE PRESIDENT:   The sponsor yields.

12                SENATOR LANZA:   Thank you, 

13   Madam President.  Through you.  

14                Senator Krueger, I listened very 

15   intently to the discussion.  Just a couple of 

16   points of concern.

17                You said that the reason this is 

18   being taken out of the penal code is because it 

19   is a medical practice and medical care.  As 

20   you're aware, if someone in the State of New York 

21   practices medicine, performs a surgery or does 

22   another medical procedure without having a 

23   medical license, a person that's not a doctor, 

24   for instance, a quack, currently under our law 

25   that would be a crime.  


                                                               454

 1                Do you believe that should continue 

 2   to be the case?  

 3                SENATOR KRUEGER:   So under New York 

 4   State laws, there are various medical 

 5   practitioners who are licensed to provide 

 6   healthcare services within their scope of 

 7   practice.  It includes doctors, nurses, nurse 

 8   practitioners, advanced-practice clinicians, 

 9   nurse midwives.  

10                So each and all of them, any of 

11   those professions, have certain standards that 

12   they must comply with.  Of course they can be at 

13   risk of malpractice.  And if they commit any 

14   criminal activity, each and every one of them 

15   potentially would face a criminal charge if they 

16   in fact performed a criminal act.

17                THE PRESIDENT:   Senator Lanza.

18                SENATOR LANZA:   Madam President, 

19   would the sponsor continue to yield?

20                THE PRESIDENT:   Will the sponsor 

21   continue to yield?  

22                SENATOR KRUEGER:   Certainly, 

23   Madam President.

24                THE PRESIDENT:   The Senator yields.

25                SENATOR LANZA:   Through you, Madam 


                                                               455

 1   President.  I'm not sure you understood my 

 2   question, Senator Krueger.  What I'm saying is 

 3   that -- what I'm asking is if a person who is not 

 4   a doctor, not a healthcare provider, is a 

 5   quack --

 6                SENATOR KRUEGER:   Okay.

 7                SENATOR LANZA:   -- and performs 

 8   surgery on someone or tricks them into paying 

 9   them to perform another medical procedure for 

10   which they are not licensed to do in the State of 

11   New York, currently that is a crime.  That is 

12   within the penal code.  Do you believe that 

13   should continue to be the case?

14                SENATOR KRUEGER:   So this bill 

15   makes no changes in any standards of New York 

16   State law for finding someone in violation of 

17   pretending to be a doctor or a healthcare 

18   professional and providing healthcare services 

19   that they are not licensed to do.

20                So that is currently the law in 

21   New York State, as we know, and there's nothing 

22   in the bill that changes that.

23                SENATOR LANZA:   Through you, 

24   Madam President, will the sponsor continue to 

25   yield?  


                                                               456

 1                THE PRESIDENT:   Will the sponsor 

 2   continue to yield?  

 3                SENATOR KRUEGER:   Yes, I will, 

 4   Madam President.

 5                THE PRESIDENT:   The Senator yields.

 6                SENATOR LANZA:   Through you, 

 7   Madam President.  I'll take that as a yes, you do 

 8   agree that that ought to continue to be a crime, 

 9   in spite of the fact that it's within the context 

10   of medical procedure.

11                I also listened to you respond to 

12   questions from Senator Ritchie concerning 

13   protections for pregnant women against domestic 

14   violence.  And I heard you say that there are 

15   adequate protections for victims in that context 

16   currently within the Penal Law.  And Senator 

17   Krueger, I believe that that is the way you would 

18   want it.  

19                A concern I have -- and it's more of 

20   a suggestion for your consideration more than it 

21   is a question -- is this.  Under the current 

22   Penal Law -- or I should say if this becomes law 

23   in the State of New York, someone who punches a 

24   woman who's not pregnant and another person who 

25   intentionally assaults and punches a pregnant 


                                                               457

 1   woman with the intention of having that person 

 2   abort their fetus would be treated precisely the 

 3   same.

 4                It seems to me that under those 

 5   circumstances, there are not, once this becomes 

 6   law, adequate protections for pregnant women 

 7   against domestic violence.  

 8                SENATOR KRUEGER:   Through you, 

 9   Madam President, I want to thank the sponsor for 

10   that question.

11                I'll start out by pointing out that 

12   all the major domestic violence organizations 

13   within the State of New York have endorsed the 

14   Reproductive Health Act and have made very clear 

15   that they do not believe removal of abortion from 

16   the criminal code puts women at any greater risk 

17   of domestic violence.  And they also believe that 

18   there are criminal charges that can be applied in 

19   any and all circumstances when women, whether 

20   pregnant or not, are being attacked.

21                As we know, New York State's 

22   first-degree assault, a Class B felony carrying a 

23   penalty of five to 25 years -- criminal abortion 

24   charges, which we are trying to remove from the 

25   law, only carry penalties of two to seven years, 


                                                               458

 1   and they run concurrent.  So the actual charges 

 2   always default to the stricter charge and longer 

 3   time in prison.

 4                Judges have the discretion when 

 5   sentencing to increase the penalty for 

 6   particularly violent or brutal crimes.  And you 

 7   might very well see a judge accepting an argument 

 8   of a DA that the attack on a pregnant woman as 

 9   you described meets that standard of a 

10   particularly violent or brutal crime, and a 

11   first-degree assault carries a penalty up to 

12   25 years.

13                So again, I'm quite confident that 

14   our courts, our DAs, and our criminal code give 

15   us a broad range of penalties to apply to people 

16   who commit heinous crimes on others, including 

17   pregnant women.

18                SENATOR LANZA:   Madam President, 

19   would the sponsor yield for one more question?  

20                THE PRESIDENT:   Will the sponsor 

21   yield for one more question?  

22                SENATOR KRUEGER:   I will even yield 

23   for more than one more question.

24                THE PRESIDENT:   Thank you, Senator.  

25                SENATOR LANZA:   I'll keep that in 


                                                               459

 1   mind.  

 2                Thank you, Madam President.  Through 

 3   you.  In spite of what that group has said to 

 4   you, clearly they do not understand the penal 

 5   code and the relevant statutes, statutes which 

 6   are -- which bear on this subject.

 7                With respect to assault, the 

 8   attendant circumstances which aggravate it from 

 9   one level to another, up to assault 1, as you 

10   described, have to do with a number of attendant 

11   circumstances.  But with respect to that which is 

12   relevant to this, it is the injury to the victim.

13                Were this to be law, the death of 

14   the fetus is not an injury to the woman.  And 

15   therefore, that would not be an aggravating 

16   circumstance raising the level of the crime to an 

17   assault 1.

18                So again, Senator Krueger, if this 

19   becomes law, punching a woman who's not pregnant 

20   in the stomach will be treated precisely the same 

21   under our penal code as punching a pregnant woman 

22   with the intent of ending her pregnancy and in 

23   fact doing so.  Do you think that should be the 

24   case?

25                SENATOR KRUEGER:   Through you, 


                                                               460

 1   Madam President, I have to disagree with my 

 2   colleague.  

 3                I have gone over this with criminal 

 4   attorneys, and they make it clear to me that 

 5   judges do have the discretion and that attacking 

 6   a pregnant woman is a criminal action and can be 

 7   punished as a harm to the pregnant woman who is 

 8   being assaulted.

 9                Even earlier today I believe you 

10   held a press conference with a woman who went 

11   through a tragic situation a few months ago where 

12   her boyfriend -- I believe it was a boyfriend -- 

13   stabbed her multiple times and basically 

14   kidnapped her and held her captive.  So the DA is 

15   charging with attempted murder and with violent 

16   felony assault.

17                If we have the abortion standard 

18   that we do now, he can also charge with abortion, 

19   but that's a very short time period of any kind 

20   of prison time that would concurrent with the 

21   much longer penalties of attempted murder or 

22   felony assault.

23                So I think sometimes we get confused 

24   that actually having abortion in the criminal 

25   code offers our DAs and our judges a greater 


                                                               461

 1   scope for penalty, because it does not.  But it 

 2   actually does put at risk women who have actually 

 3   found themselves in situations they did not 

 4   imagine themselves in, in places that have 

 5   abortion in its criminal code.

 6                So we don't disadvantage any women 

 7   who have been -- hopefully not, but going through 

 8   terrible circumstances, by changing our laws.  

 9   But we do protect a far greater number of women 

10   to be able to get, without discrimination, the 

11   healthcare services they need throughout the 

12   state when they need them.

13                SENATOR LANZA:   Thank you, 

14   Madam President.  On the bill.

15                THE PRESIDENT:   Senator Lanza on 

16   the bill.

17                SENATOR LANZA:   Thank you, 

18   Madam President.  And on the bill just to this 

19   point in particular.

20                I disagree with what my colleague 

21   just said in that last discussion with respect to 

22   the protections that will exist for the pregnant 

23   women under the circumstances that I described.

24                The bottom line is under the current 

25   Penal Law, once this becomes law, assaulting a 


                                                               462

 1   woman who's not pregnant -- punching her, for 

 2   instance, in the abdomen -- will be treated 

 3   precisely the same in a criminal way as someone 

 4   punching a pregnant woman in the stomach with the 

 5   intent to end the pregnancy and in fact ending 

 6   that pregnancy.  Surely that should not be the 

 7   state of the law here in New York moving forward.  

 8                And my suggestion would be to 

 9   propose a criminal law which would address the 

10   concern which I've raised here without changing 

11   where this statute finds itself in our law here 

12   in New York.  It would be very simple to do so, 

13   and it ought to be done, because we don't want 

14   women to find themselves in a situation -- we 

15   know domestic violence in the State of New York 

16   happens, sadly, many times a day, and we want to 

17   make sure that women have the protection that 

18   they deserve to have in the State of New York 

19   moving forward.

20                Thank you, Madam President.

21                (Scattered applause from gallery.)  

22                THE PRESIDENT:   Are there any other 

23   Senators who wish to be heard?

24                Seeing and hearing none, the debate 

25   is closed.  


                                                               463

 1                The Secretary will ring the bell.

 2                Read the last section.

 3                THE SECRETARY:   Section 14.  This 

 4   act shall take effect immediately.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE PRESIDENT:   Senator Montgomery 

 8   to explain your vote.

 9                SENATOR MONTGOMERY:   Thank you, 

10   Madam President.  

11                I just rise to, first of all, thank 

12   the sponsor, Senator Krueger, who has been 

13   working on this for many, many years, and the 

14   Leader even before that, and to thank 

15   Senator Salazar for the companion bill that was 

16   argued.

17                And I must say that this is really 

18   such a celebration of -- as you know, 

19   Madam Chair, having been chair of the New York 

20   State Suffrage Commission, this is really one of 

21   the most important aspects of what suffrage has 

22   represented.  Women's healthcare, women's 

23   reproductive health was very much part of the 

24   suffrage movement.  And today we codify one of 

25   the particular issues related to women's health, 


                                                               464

 1   and that is reproductive health.  

 2                Reproductive health is very much a 

 3   part of who we are, what our needs are.  We're 

 4   not separated from every aspect.  And this 

 5   procedure, which is the procedure that the 

 6   decision between a woman and her doctor come to 

 7   agree that is best for that woman, is part of the 

 8   health decisions that we have to deal with with 

 9   every other part of our bodies as well.

10                So codifying this, removing it from 

11   the criminal code, making it part of health is 

12   important.  And Madam Chair, I think -- 

13   Madam President, I think that there's no other 

14   vote that is more important as a symbol of 

15   women's suffrage victories in our nation as the 

16   vote we're taking today.  

17                So I vote aye.

18                THE PRESIDENT:   Thank you, Senator.  

19                Senator Montgomery recorded in the 

20   affirmative.

21                Senator Harckham to explain your 

22   vote.

23                SENATOR HARCKHAM:   Thank you, 

24   Madam Chair.  

25                First I would like to thank 


                                                               465

 1   Senator Krueger for sponsoring this bill, and for 

 2   all the Senators who worked on this for many, 

 3   many years before -- certainly before I got here.

 4                I also want to thank advocates on 

 5   both sides of this issue from my district who I 

 6   saw in the hallways today and met with.  I thank 

 7   them for their advocacy and for traveling up 

 8   here.

 9                My daughters grew up in a political 

10   household, and they often worked on campaigns, I 

11   think, out of a sense of obligation.  Well, this 

12   campaign they worked on because they wanted to, 

13   and their friends worked on because they wanted 

14   to.  And their friends' mothers worked on this 

15   because they wanted to, because of this issue.  

16                This was the motivating issue that 

17   drove so many women in my district -- as young as 

18   13 knocking on doors, and we had one woman 

19   97 years old knocking on doors, because they were 

20   so motivated, both positively and negatively.  

21   The negative motivation was what was happening in 

22   Washington and what was a very real threat to 

23   their healthcare choice and the right for them to 

24   determine their own course of healthcare and what 

25   to do with their bodies.  And on the positive 


                                                               466

 1   side, that if we made change politically, we 

 2   could make change today.

 3                And so I am very fortunate to be 

 4   here and very proud to say aye on behalf of my 

 5   daughters and all of the other daughters, from 13 

 6   to 97.  Thank you.

 7                (Applause from the gallery.)  

 8                THE PRESIDENT:   Thank you, Senator.

 9                Senator Harckham recorded in the 

10   affirmative.

11                Senator Little to explain your vote.

12                SENATOR LITTLE:   Thank you, 

13   Madam President.

14                I think we can all agree today that 

15   abortion is a highly sensitive issue.  And I 

16   don't rise today in judgment of anyone, but I 

17   only want to make the point that Roe v. Wade was 

18   legal in New York State -- or abortion was legal 

19   in New York State before Roe v. Wade.

20                I don't believe the legislation 

21   before us is necessary, and I am very concerned 

22   about how this bill has been drafted, some of the 

23   language that is in it.

24                In the past two weeks I've had many, 

25   many calls and emails to my office, and the vast 


                                                               467

 1   majority of them have asked me not to vote for 

 2   this piece of legislation.  I am pro-life.  I 

 3   value the sanctity of life.  And I will 

 4   respectfully be voting no on this piece of 

 5   legislation today.

 6                Thank you.

 7                (Applause from the gallery.)  

 8                THE PRESIDENT:   I wish to remind 

 9   our guests in the gallery that no additional 

10   applause or voices should be heard at this time.  

11   Only the Senators have a right to be heard.

12                Senator Little to be recorded in the 

13   negative.

14                Senator Martinez to explain your 

15   vote.

16                SENATOR MARTINEZ:   Thank you, 

17   Madam President.  

18                First of all, I would like to thank 

19   the sponsor for her leadership on this issue.

20                Today we are faced with uncertainty.  

21   Every year women throughout the state are put in 

22   danger through our current inadequate laws.  With 

23   the monumental Roe v. Wade Supreme Court decision 

24   under constant threat at the federal level, it is 

25   critical that we here in the great State of 


                                                               468

 1   New York codify the protections afforded therein 

 2   and ensure that we protect access to safe 

 3   healthcare options for women across the state by 

 4   adopting this resolution.

 5                Regardless of my personal opinions, 

 6   a woman's right to choose and access to safe 

 7   healthcare options are to be left between a woman 

 8   and her medical professionals.  It is for these 

 9   reasons that I put my personal opinions aside to 

10   support this bill and vote in the affirmative.

11                THE PRESIDENT:   Senator Martinez to 

12   be recorded in the affirmative.

13                Senator Gallivan to explain your 

14   vote.

15                SENATOR GALLIVAN:   Thank you, 

16   Madam President.

17                I have many concerns and objections 

18   about this legislation, but I'll confine my 

19   remarks to just one and stand for the unborn 

20   child.  

21                I remember, when my youngest son was 

22   born, going with my wife to the doctor's 

23   appointments on a monthly basis.  And I know that 

24   many of my colleagues have shared this 

25   experience, whether you were the pregnant one or 


                                                               469

 1   whether you were the male in the relationship, 

 2   and whether it was the ultrasound or the 

 3   sonogram, hearing the heartbeat and looking at 

 4   that little baby moving around at a very early 

 5   stage.

 6                I know most recently Senator Jacobs 

 7   no doubt had the experience, Senator Benjamin no 

 8   doubt had the experience.

 9                And I would make the argument, like 

10   many, that that little heartbeat and that 

11   little -- little thing moving around in the 

12   mother's womb is a unique human being.  It 

13   doesn't meet our definition in the Penal Law of a 

14   person, but it has a heartbeat and it is moving 

15   and it has an identity.

16                And I would also venture to say that 

17   we have people in this very chamber -- we 

18   certainly know people, but there's those in this 

19   very chamber that were born premature, in their 

20   seventh month or in their eighth month.

21                So these unique human beings going 

22   forward that nobody today is speaking for.  We 

23   often talk in this chamber about equal 

24   protection.  Who is providing the protection for 

25   these unborn children?  


                                                               470

 1                And I hear oftentimes, with many, 

 2   many different things that we talk about -- and I 

 3   share this feeling that part of the job of 

 4   government and part of what we're here for is to 

 5   stand up and protect the innocent and protect the 

 6   most vulnerable.

 7                I'm very sad to say that in this 

 8   case, though, today New York State has failed.  

 9                I vote nay.

10                THE PRESIDENT:   Senator Gallivan to 

11   be recorded in the negative.

12                Senator Parker to explain your vote.

13                SENATOR PARKER:   Thank you, 

14   Madam President.

15                I rise on behalf of the people in my 

16   district, the 21st District in Brooklyn, and 

17   particularly the women there who have sent me 

18   here to help protect their rights.

19                And I think that, you know, most of 

20   us will agree that a right to choose is one of 

21   those fundamental rights.  We really shouldn't 

22   even have to go through this exercise of passing 

23   this bill.  This should be just kind of a given 

24   in the framework of our state government.  But 

25   it's not.


                                                               471

 1                And the signals we've gotten from 

 2   the federal government certainly show us that a 

 3   woman's right to choose and a woman's decisions 

 4   about her body are being threatened every single 

 5   day by this federal government.

 6                And so this was necessary.  Without 

 7   this, medical procedures that have been safe in 

 8   practice for a number of years in this state will 

 9   be illegal immediately if in fact things turn 

10   badly in the Supreme Court.

11                And so I'm proud to stand with my 

12   colleagues to vote for this bill.  I want to 

13   thank Senator Krueger for her long toiling in the 

14   fields to stand up, you know, for a woman's right 

15   to choose; obviously Leader Cousins; and all my 

16   colleagues who have contributed to this day and 

17   have, you know, stood -- in the face of a lot of 

18   pressure not to do the right thing, they have 

19   found the courage and found the right things to 

20   do for not just the people of the state but 

21   particularly for the women of the State of 

22   New York.

23                Thank you.

24                THE PRESIDENT:   Senator Parker to 

25   be recorded in the affirmative.


                                                               472

 1                Senator Amedore to explain your 

 2   vote.

 3                SENATOR AMEDORE:   Thank you, 

 4   Madam President.  I rise to explain my vote.

 5                You know, I share with all of my 

 6   colleagues in this great chamber the importance 

 7   of women's health.  But I find it hypocritical 

 8   that we are talking today about women's health 

 9   and yet we haven't heard about the quality and 

10   safety of women's health.  Because what this bill 

11   actually does is put women's health and lives in 

12   jeopardy.

13                This bill is not simply a 

14   codification.  It is a dangerous expansion that 

15   would allow for late-term abortions and would 

16   allow nondoctors to perform them.

17                Bottom line, this bill will put more 

18   lives in danger.  I vote no.

19                THE PRESIDENT:   Senator Amedore to 

20   be recorded in the negative.

21                Senator Savino to explain your vote.

22                SENATOR SAVINO:   Thank you, Madam 

23   President.  

24                I also want to thank Senator Krueger 

25   and Senator Stewart-Cousins for carrying this 


                                                               473

 1   bill and moving it through lo these many years 

 2   since it was first introduced.

 3                It's been said that this is a deeply 

 4   personal issue, and it is -- for everyone not 

 5   just in this chamber, but in this state.  But I 

 6   like to think about how different my life has 

 7   been compared to prior generations.  You know, I 

 8   was 9 years old when Roe v. Wade was decided, so 

 9   I came of age in an era where women had the right 

10   in this state and across the country to have 

11   access to a safe, legal abortion.  

12                And I think back to my 

13   great-grandmother.  She came to this country at 

14   the age of 17, met a young man on the boat, and 

15   before she docked at Ellis Island, she was 

16   already carrying the first of what would be 18 

17   pregnancies -- 14 live births, the oldest of 

18   which was my grandmother.  She buried six of her 

19   children before they made the age of five.  That 

20   was a woman's lot in life.  That's what happened.  

21                She didn't have access to birth 

22   control, but I would guarantee you she wished she 

23   had.  Even though she loved all of her children, 

24   the struggle of giving birth to that many 

25   children, caring for them, providing for them, 


                                                               474

 1   experiencing that level of loss was normal for 

 2   women.  That's what happened.  Until birth 

 3   control became available, when women were finally 

 4   able to take control of their reproductive health 

 5   so they could plan their families, so that they 

 6   could be able to be the kind of mother that they 

 7   wanted to be, not worrying about losing children 

 8   to disease, making sure that you were able to 

 9   feed them and clothe them.  

10                That's what this is really about.  

11   It's not about abortion, although that's a part 

12   of it.  It's not about contraception, but that's 

13   a part of it.  It's about allowing women to 

14   really be fulfilled as women and as parents and 

15   choose the kind of family they want.

16                So yes, it's deeply personal.  But I 

17   think that we're taking a step forward.  I think 

18   of my great-grandmother and what she would say.  

19   She would say vote yes for this bill, give her 

20   and others the kind of opportunity that her 

21   great-granddaughter had to make choices, and the 

22   right ones, for her own family.

23                Thank you, Madam President.

24                THE PRESIDENT:   Senator Savino to 

25   be recorded in the affirmative.


                                                               475

 1                Senator Jordan to explain your vote.

 2                SENATOR JORDAN:   Thank you, 

 3   Madam President.  

 4                Legislation has been rushed through 

 5   this past week without enough thought.  Voting 

 6   reform bills were passed with no funding in 

 7   place, no electronic poll books for EDs for 

 8   integrity of registration and voting.  And no 

 9   statewide broadband, which is a fumble in terms 

10   of logistics.  

11                GENDA was passed with a definition 

12   that could backfire against a well-meaning person 

13   because it wasn't readily apparent to that person 

14   how an individual perceived themselves on a 

15   particular day.

16                RHA, or late-term abortion, is 

17   another bill not given enough thought but will 

18   pass anyway given the super-majority in both 

19   houses.  The Liv Act presented today was to 

20   correct what RHA forgot when it stripped abortion 

21   from the Penal Law.

22                Not only do I take issue that bad 

23   bills are being passed for the sake of a hurried 

24   progressive agenda, but I specifically take issue 

25   with RHA.  I'm pro-life.  But even if you're 


                                                               476

 1   pro-choice, the bill should give anyone cause for 

 2   concern.

 3                The present law in New York won't 

 4   change.  For the first 24 weeks of pregnancy, a 

 5   woman can have an abortion without an excuse, and 

 6   that's sad enough.  But RHA allows for abortion 

 7   at any time up until the moment of birth to 

 8   protect the patient's life or health.  The 

 9   breadth of this is just too broad.  The lack of a 

10   definition of a patient's health makes abortion a 

11   free-for-all.  It enables anyone to claim mental 

12   distress as part of their health concern.  

13                We're a feel-good, throw-away 

14   society.  If something interferes with your 

15   mental health, forget it.  Get rid of it.  If you 

16   don't like it, throw it away.  If it's 

17   inconvenient, toss it.  If it's too expensive to 

18   maintain, get rid of it.  If it doesn't fit your 

19   lifestyle, throw it away.

20                A baby inside its mother is not an 

21   inanimate object, it's a life.  It has a 

22   heartbeat, it can hiccup, it can kick, it can 

23   hear its mother's voice and music, it can feel 

24   pain.

25                The next time you throw something 


                                                               477

 1   away or hear a baby cry in pain, think of what 

 2   you're allowing to be tossed away with a yes 

 3   vote.  And I speak for thousands of emails that 

 4   I've received even before I took my oath of 

 5   office.

 6                I vote no.

 7                THE PRESIDENT:   Senator Jordan to 

 8   be recorded in the negative.

 9                Senator Carlucci to explain your 

10   your vote.

11                SENATOR CARLUCCI:   Thank you, 

12   Madam President.  

13                I too want to thank Leader 

14   Stewart-Cousins and Senator Krueger for 

15   supporting this important legislation.

16                And this legislation is about access 

17   to quality, safe reproductive healthcare for 

18   every woman in the State of New York.  And about 

19   allowing every woman in the State of New York to 

20   have control over their own destiny.  

21                Now more than ever, from what we 

22   hear coming out of Washington -- from members of 

23   the Supreme Court, from our president -- we in 

24   New York have to stand up to codify Roe v. Wade 

25   to make sure that every woman in New York State 


                                                               478

 1   has the right to choose and make those decisions 

 2   for themselves.

 3                So I will be supporting and voting 

 4   yes on the Reproductive Health Act.  I want to 

 5   thank my colleagues for doing the same.

 6                Thank you, Madam President.

 7                THE PRESIDENT:   Senator Carlucci to 

 8   be recorded in the affirmative.

 9                Senator Boyle to explain your vote.

10                SENATOR BOYLE:   Madam President, to 

11   explain my vote.

12                We've had legal abortion in this 

13   state for almost 50 years.  And I don't remember 

14   a great outcry or rallies saying that women did 

15   not have access to this.

16                What I hear about this bill over and 

17   over again is we are afraid the Trump 

18   administration, the Supreme Court, is going to 

19   overturn Roe vs. Wade.  So my question is, why do 

20   we want to pass a law hewing our reproductive 

21   health laws closer to Roe vs. Wade?  We already 

22   had it.  It's just going to confuse people.  I 

23   don't think the Supreme Court is going to 

24   overturn Roe vs. Wade.  If they do, it's going to 

25   cause tremendous confusion on the part of 


                                                               479

 1   millions of our constituents here in New York 

 2   State.  

 3                I particularly have a great concern 

 4   with nondoctors performing these procedures.  

 5                I'll vote in the negative.

 6                THE PRESIDENT:   Senator Boyle to be 

 7   recorded in the negative.

 8                Senator Biaggi to explain your vote.

 9                SENATOR BIAGGI:   Thank you, 

10   Madam President.  

11                First I want to start by thanking 

12   the sponsor of this bill.  Senator Krueger, thank 

13   you very much for never giving up on the 

14   Reproductive Health Act.  Also to Leader 

15   Stewart-Cousins for all of her work in support of 

16   this bill as well.

17                Fifteen months ago while working for 

18   the Governor, I was assigned to support the 

19   passing of this bill but was destined to fail, as 

20   I would soon learn.  Two months ago, supported by 

21   a wave of grassroots enthusiasm, Planned 

22   Parenthood, NARAL, WCLA, NIRH, I had the great 

23   honor of being elected to join this body.  

24                Today I am proud to play my part in 

25   making the Reproductive Health Act become law and 


                                                               480

 1   to finally finish the assignment I was given.  

 2                This is a pivotal moment for the 

 3   women of New York, and it is long overdue.  Today 

 4   we vote to codify Roe v. Wade into law and 

 5   finally remove abortion from our Penal Law to 

 6   place it where it has always belonged, into our 

 7   Health Law.  And in doing so, we protect 

 8   ourselves from a Supreme Court that will overturn 

 9   Roe v. Wade at the first chance that they get.  I 

10   wish we still didn't have to worry about that, 

11   but I'm proud of us for recognizing the threat 

12   and for acting.

13                I hope that all of New York is 

14   watching today and that they recognize that 

15   elections have consequences and that when you 

16   vote for people who stand up for your rights, 

17   your rights become protected.  To disrupt the 

18   status quo and make this vote possible, it took 

19   communities across the state fighting to deliver 

20   a Democratic majority to this chamber.  And a lot 

21   of powerful people said that it could never 

22   happen.

23                So often people who stand up to 

24   claim their rights, women who rise to claim their 

25   rights, people of color who rise to claim their 


                                                               481

 1   rights, are told no, not now, later.  Soon.  And 

 2   today we say no, not later, not soon, now.

 3                It is true, the work of claiming 

 4   your rights can make other people uncomfortable.  

 5   But then, being uncomfortable is part of the 

 6   work.  Today we counter what's going on at the 

 7   highest levels of our government with a different 

 8   kind of politics, a transformational politics of 

 9   love and courage that takes the powers vested in 

10   our elected leaders and uses them to lift up and 

11   energize our communities.  

12                I am proud of this Legislature, and 

13   I am humbled to be part of today's historic vote 

14   for women.  Madam President, I vote aye.

15                THE PRESIDENT:   Senator Biaggi to 

16   be recorded in the affirmative.

17                Senator Seward to explain your vote.

18                SENATOR SEWARD:   Thank you, 

19   Madam President, to explain my vote.  

20                You know, personally I consider the 

21   New York law going back to 1970, as well as the 

22   Roe v. Wade and other subsequent court decisions, 

23   to be what I would call settled law and 

24   precedent.  And I understand the push to update 

25   and modernize our reproductive and women's health 


                                                               482

 1   laws in the state.  But my concern is that this 

 2   legislation before us today goes way beyond 

 3   simply codifying Roe v. Wade, to the detriment of 

 4   women's health.

 5                For example, allowing nondoctors to 

 6   perform abortions under this legislation before 

 7   us.  And it would also repeal a number of key 

 8   Public Health Law provisions that protect both 

 9   the mother and the viable unborn fetus.  And to 

10   repeal these provisions is both inhumane and 

11   irresponsible, to say the least.

12                I have further concerns about this 

13   legislation actually removing the state's ability 

14   to prosecute any person who performs an abortion 

15   outside the legal parameters, enabling unsafe 

16   back-alley abortions.  And it eliminates 

17   provisions that would increase penalties for 

18   assaulting a pregnant woman, causing the death of 

19   an unborn child.

20                 So, Madam President, for these 

21   reasons I stand to say I vote in the negative.

22                THE PRESIDENT:   Senator Seward to 

23   be recorded in the negative.

24                Senator Metzger to explain your 

25   vote.


                                                               483

 1                SENATOR METZGER:   Thank you, 

 2   Madam President.  

 3                I am proud to cosponsor and cast my 

 4   vote in support of the Reproductive Health Act 

 5   today, and thank Senator Krueger for her 

 6   leadership and our Majority Leader for her 

 7   leadership and all of our colleagues who have 

 8   worked on this.

 9                This legislation has been long 

10   awaited by women and men throughout the state, 

11   nearly eight out of 10 of whom support a woman's 

12   right to choose.

13                I don't take this vote lightly, and 

14   I respect those who oppose abortion on the basis 

15   of their personal and religious beliefs.  But I 

16   firmly believe that a woman has a fundamental 

17   right to full autonomy over her own body and that 

18   New York State's law did not adequately recognize 

19   this right or sufficiently protect women's 

20   health.  

21                Today we modernize this law, 

22   classify it as a medical matter and not as a 

23   criminal matter.

24                As the representative of the most 

25   rural district in the Democratic Conference, I 


                                                               484

 1   want to emphasize the importance of the RHA's 

 2   provision enabling licensed nurse practitioners, 

 3   physician assistants and other qualified 

 4   healthcare professionals to provide abortion 

 5   services.

 6                Health outcomes for women across the 

 7   board are worse in rural areas, in part because 

 8   of a lack of access to healthcare.  This 

 9   provision of the RHA will make abortions safer 

10   and more accessible in underserved rural 

11   communities where doctors are few and far 

12   between.

13                Thank you very much.

14                THE PRESIDENT:   Senator Metzger to 

15   be recorded in the affirmative.

16                Senator Helming to explain your 

17   vote.

18                SENATOR HELMING:   Thank you, 

19   Madam President.

20                First I'd like to say that I stand 

21   in judgment of no one.  What your decision is, 

22   it's your personal decision.  I have no opinion 

23   on that.

24                But I do find that so much of the 

25   discussion about the RHA has been misleading, 


                                                               485

 1   starting with the sponsor's memo that states that 

 2   "This bill relates to access to reproductive 

 3   services and updates New York State's abortion 

 4   status to address constitutional flaws in our 

 5   laws."

 6                It's my opinion that the RHA is an 

 7   extreme expansion of abortion rights that goes 

 8   far beyond codifying Roe v. Wade.  It does 

 9   nothing to safeguard the rights of women who 

10   choose to bring their babies to term.  In fact, 

11   it exposes them to additional risk.

12                By removing these regulations from 

13   penal law and putting them into health law, the 

14   Legislature is sending a message that New York 

15   does not value the choices of women who want to 

16   bring their babies to full term but don't have 

17   that opportunity because of the unlawful, 

18   criminal actions of another person.

19                Once again we'll be reading in the 

20   papers, the politicians will get all the 

21   headlines.  And you know who won't be heard from 

22   again?  The victims of violence.  They'll pay the 

23   price for this action and the passage of this 

24   bill.

25                This radical proposal will 


                                                               486

 1   fundamentally alter our current laws and take 

 2   away important protections for victims of all 

 3   forms of violence and their unborn children.  

 4   Earlier today we heard the tragic story of Liv, 

 5   about the domestic violence and the abuse that 

 6   she suffered and the end result, the loss of her 

 7   unborn daughter.  

 8                Under the measure passed in the 

 9   house today, it's my belief that law enforcement 

10   will not be able to levy more serious charges on 

11   those who kill unborn children.  Whether it's 

12   during a domestic violence incident or a drunk 

13   driving case, this is just unconscionable.  

14   Ensuring justice for victims of violence should 

15   be a priority for each person here.  

16                I also feel that allowing abortions 

17   up until the moment of birth is an extreme 

18   position and is definitely out of step with the 

19   feelings of the majority of the people that I 

20   represent.

21                And for those reasons, 

22   Madam President, I will be voting nay.

23                THE PRESIDENT:   Senator Helming to 

24   be recorded in the negative.

25                Senator Mayer to explain your vote.


                                                               487

 1                SENATOR MAYER:   Thank you, 

 2   Madam President.

 3                First I want to thank the sponsor, 

 4   Senator Krueger, and a special thanks to our 

 5   leader, Senator Andrea Stewart-Cousins, who in 

 6   2007, when I was a staffer here, introduced the 

 7   Reproductive Health Act and faced significant 

 8   consequences in our district for her courage at 

 9   that time.

10                I also want to thank the advocates, 

11   many of whom are here today, who have been 

12   relentless in making the case that regardless of 

13   one's personal choices, the ability to make the 

14   most private and intimate decision about whether 

15   to have a child belongs to a woman and her health 

16   practitioner.

17                And I want to acknowledge that they 

18   have changed the minds of people, including those 

19   who would not choose to have an abortion, in 

20   recognizing that it is a function of government 

21   to protect the personal autonomy of women and 

22   their ability to make this most, in many cases, 

23   difficult of choices.

24                I want to be particularly 

25   appreciative that we have moved the provisions 


                                                               488

 1   that govern abortion into the Public Health Law, 

 2   where I have long thought they belonged, as do 

 3   other procedures in health.  And that this is an 

 4   essential function of our democracy, granting 

 5   personal autonomy to make difficult choices.  

 6                So I'm so pleased to be voting in 

 7   the affirmative.  It's a somber and serious 

 8   subject; it deserves that kind of attention.  I'm 

 9   glad we have that today.  But I'm proud to be 

10   voting in the affirmative, and I thank my 

11   colleagues on both sides of the aisle for their 

12   thoughtful remarks as we pass this historic piece 

13   of legislation.  

14                Thank you.

15                THE PRESIDENT:   Senator Mayer to be 

16   recorded in the affirmative.

17                Senator Rivera to explain your vote.

18                SENATOR RIVERA:   Thank you, 

19   Madam President.  

20                It has been said already but it has 

21   to be said one more time.  Thank you, 

22   Senator Krueger, for bringing this to the floor.  

23   Thank you to our Majority Leader, who back in 

24   2007, when Senator Mayer was a staffer here and I 

25   was a staffer there -- I was her chief of staff 


                                                               489

 1   back in 2007 when she brought this piece of 

 2   legislation to the floor -- I'm sorry, when she 

 3   brought it to the Senate.  It's being brought to 

 4   the floor today for the first time.

 5                This is ultimately an issue about 

 6   basic autonomy of women.  That's what it boils 

 7   down to.  The idea that it is not -- that Roe v. 

 8   Wade is not at risk from the national government 

 9   is laughable.  It is absolutely at risk.  And 

10   ultimately changing that at the federal level 

11   leaves thousands if not millions of women all 

12   across the country with no protection.  

13                We're making sure that that is not 

14   the case in the State of New York.  I'm very 

15   proud to vote in the affirmative on this.

16                And for those of you -- I know that 

17   some of you actually care a lot about my Facebook 

18   posts.  I got something this morning, it was a 

19   reminder -- you know that thing that says, you 

20   know, eight years ago, two years ago, three years 

21   ago.  It said eight years ago -- this is true -- 

22   eight years ago, January 22, 2011, I wrote a 

23   Facebook post that said "Today is an important 

24   day, the 38th anniversary of Roe v. Wade.  Let us 

25   not forget that we must continue to defend a 


                                                               490

 1   woman's right to choose."  And so I posted it 

 2   with a message today that says "Eight years ago I 

 3   was commemorating the date with words, and today 

 4   I celebrated it by moving the Reproductive Health 

 5   Act out of the committee that I chair."  So what 

 6   a difference a majority makes.

 7                I'm very proud to be standing here 

 8   on this floor to vote in the affirmative.  I am 

 9   sad that we'll not be wearing these {indicating 

10   scarf} next year -- 

11                (Laughter.)

12                SENATOR RIVERA:   -- but then again, 

13   I might just wear it the entire year in any 

14   event.  

15                So again I vote in the affirmative, 

16   Madam President.  Thank you.  

17                THE PRESIDENT:   Senator Rivera to 

18   be recorded in the affirmative.

19                Senator Stavisky to explain your 

20   vote.

21                SENATOR STAVISKY:   Yes, thank you, 

22   Madam President.  

23                And thank you to Senator Krueger, 

24   Senator Stewart-Cousins, but also the advocates 

25   who have really persisted.  And today you're 


                                                               491

 1   seeing the fruits, I think, of the labor.

 2                I think it was Senator Savino who 

 3   mentioned pre-1970 days.  And I remember those 

 4   days where people had to go to another country, 

 5   if they could afford it, or another state or a 

 6   back alley if they couldn't afford traveling.  

 7   And those days, fortunately, have changed.  

 8   They've changed in a remarkable way.  

 9                And I am very proud here to say that 

10   in 1970 when the bill came before the Assembly, 

11   my husband voted for it, took a lot of heat back 

12   home in his district.  And I very proudly vote 

13   aye today.

14                Thank you, Madam President.

15                THE PRESIDENT:   Senator Stavisky to 

16   be recorded in the affirmative.

17                Senator Hoylman to explain your 

18   vote.

19                SENATOR HOYLMAN:   Thank you, 

20   Madam President.  

21                I join my colleagues in 

22   congratulating Senator Krueger and Leader 

23   Stewart-Cousins and Senator Metzger and 

24   Senator Salazar for this package of historic 

25   bills.  And also to the activists.  We have 


                                                               492

 1   drawerfuls of magenta scarves and bow ties and 

 2   the like.  So we'll have to figure out something 

 3   to do with them moving forward.

 4                But I was thinking about the fact 

 5   that the last time we updated our laws, as 

 6   Senator Krueger said, was 1970 in this regard.  

 7   And if you think about it, like where in human 

 8   health have we not updated the laws for that long 

 9   a period?  And if you think about it, it's like 

10   the fact that we have been frozen in time here in 

11   the Senate is going to change.

12                So I'd like just to mention in 1970 

13   the Beatles were still a group, a postage stamp 

14   was 6 cents, people still mailed letters.  Marcus 

15   Welby, M.D., was the top-rated TV show.  So all 

16   of that I think points to the fact that we are 

17   finally addressing an issue that's long overdue.  

18                And I was speaking to a couple in my 

19   office in New York City last week.  Erika 

20   Christensen -- I think a number of you know her 

21   story, but it bears repeating.  In 2016 Erika, at 

22   31 weeks pregnant, went for a medical visit and 

23   found out the fetus she was carrying would not be 

24   able to survive after delivery.

25                Because of our outdated abortion 


                                                               493

 1   laws, she had to fly to Colorado, 

 2   Madam President, to begin the process of a 

 3   third-trimester abortion.  She flew back to 

 4   New York and had a stillbirth.  And then she 

 5   became an advocate and started to share her story 

 6   publicly.

 7                In Colorado, while she was there, 

 8   she wrote:  "I lay on the table, looking up at 

 9   the ceiling.  My internal questions played like a 

10   tape over and over in my mind:  Why am I here?  

11   Did New York expect me to carry this baby to term 

12   only to watch him suffer and die?  Since then, 

13   I've tried to answer that second question.  The 

14   only answer," she writes, "I've come up with is 

15   yes."

16                Today on the floor I think we all 

17   owe New Yorkers like Erika our heartfelt apology 

18   for not having acted sooner.

19                And at the same time Erika was 

20   flying out to Colorado in 2016, Donald Trump was 

21   asked about what he wanted to see happen to Roe 

22   v. Wade.  And he said, I quote:  "Well, if we put 

23   another two or perhaps three justices on the 

24   Supreme Court, that's really what's going to 

25   happen, that will happen" -- I'm apologizing for 


                                                               494

 1   Donald Trump's writing --

 2                (Laughter.)

 3                SENATOR HOYLMAN:   -- "and 

 4   automatically, in my opinion, because I am 

 5   putting pro-life justices on the court."

 6                Well, we know Donald Trump has 

 7   already gotten two justices on the court.  

 8   Nationwide, abortion rights are under threat.  We 

 9   are not acting a moment too soon in New York.

10                Thank you, Madam President.

11                THE PRESIDENT:   Senator Hoylman to 

12   be recorded in the affirmative.

13                Again, please restrain the applause 

14   and the outbursts at this time.  We need to 

15   maintain decorum in these chambers.

16                Senator Liu to explain your vote.

17                SENATOR LIU:   Thank you, 

18   Madam President, for the opportunity to explain 

19   my vote on the Reproductive Health Act.  

20                First let me congratulate Senator 

21   Salazar on the passage of the Comprehensive 

22   Contraceptive Coverage Act, her bill, and also 

23   Senator Metzger on the passage of the Boss Bill.  

24   Like the RHA, those bills also address issues of 

25   women's health.  


                                                               495

 1                And I want to thank Senator Krueger 

 2   for her steadfast leadership and advocacy on this 

 3   very important issue at hand.

 4                You know, in the interests of full 

 5   disclosure, I'm a guy.  I'm a man.  

 6                (Laughter.)

 7                SENATOR LIU:   And as a man, the 

 8   State of New York does not tell me what to do 

 9   with my body.  They do not tell me how to 

10   restrict my choices of health.  And the State of 

11   New York neither should tell a woman what to do 

12   with her body and to restrict her choices as 

13   well.

14                That's what this is about.  It's 

15   about codifying, it is about making a -- 

16   recognizing a woman's right to choose as a matter 

17   of health.  It doesn't belong in the criminal 

18   statutes, it belongs in our health laws for the 

19   State of New York.

20                So I proudly vote yes.  I proudly 

21   cosponsor the Reproductive Health Act.  I want to 

22   thank the advocates.  Brad took my -- I was going 

23   to thank Erika Christensen and also Garin 

24   Marschall, of RHAVote, among many other advocates 

25   who have relentlessly pursued this issue.  


                                                               496

 1                This should have been passed a long 

 2   time ago, but we pass it today, and I proudly 

 3   vote aye.  Thank you.

 4                THE PRESIDENT:   Senator Liu to be 

 5   recorded in the affirmative.

 6                Senator Thomas to explain your vote.

 7                SENATOR THOMAS:   Thank you, 

 8   Madam President.  

 9                Thank you to the sponsor of this 

10   bill.  

11                And I just want to say women's 

12   rights are human rights.  And in 2019 we're still 

13   debating what a woman can do with her body, and 

14   this is unacceptable.

15                I've heard a number of my Republican 

16   colleagues ask why is this bill necessary.  This 

17   bill is necessary because of the assault on 

18   women's rights by the federal government, and 

19   because of who has been appointed to the U.S. 

20   Supreme Court.

21                And in debates like this, I would 

22   like to quote Ruth Bader Ginsburg:  "It is 

23   essential to woman's equality with man that she 

24   be the decisionmaker, that her choice be 

25   controlling.  If you impose restraints that 


                                                               497

 1   impede her choice, you are disadvantaging her 

 2   because of her sex."

 3                On that basis, Madam President, I 

 4   vote yes.

 5                THE PRESIDENT:   Senator Thomas to 

 6   be recorded in the affirmative.

 7                Senator Sepúlveda to explain your 

 8   vote.

 9                SENATOR SEPÚLVEDA:   Thank you, 

10   Madam President, for allowing me to explain my 

11   vote.  

12                I applaud the sponsors of these 

13   bills, Senators Krueger, Salazar, Metzger and of 

14   course our Senate Majority Leader, Andrea 

15   Stewart-Cousins, and my colleagues and the 

16   advocates for their strong work to protect 

17   New York constitutional rights with this historic 

18   act to protect a woman's right to choose, a 

19   choice that I believe should be exclusively a 

20   woman's choice and no one else.  

21                As the Trump administration fights 

22   to reverse Roe v. Wade, New York must act now to 

23   recognize that a woman has the fundamental right 

24   to make her own medical decisions in all facets 

25   of healthcare, including her reproductive 


                                                               498

 1   choices.  

 2                Since the Roe decision, there have 

 3   been constant attacks on a woman's reproductive 

 4   rights.  We cannot allow this constitutional 

 5   right to erode any further than it already has.

 6                The Reproductive Health Act would 

 7   shield New York from this constant threat.  Our 

 8   conference has made historic strides here in the 

 9   first couple of weeks, and I'm incredibly proud 

10   to be standing here today on the anniversary of 

11   the 1973 historic Supreme Court decision Roe v. 

12   Wade, in my pink bow tie, to vote in support of 

13   the Reproductive Act as we realize another 

14   legislative milestone.  

15                I will be voting in the affirmative.

16                THE PRESIDENT:   Senator Sepúlveda 

17   to be recorded in the affirmative.

18                Senator Ortt to explain your vote.

19                SENATOR ORTT:   Thank you, 

20   Madam President.  

21                I rise because I've heard a number 

22   of my colleagues from the Majority talk today 

23   about the assault by the federal government.  But 

24   what must be recognized and pointed out is the 

25   fact that this bill has been around long before 


                                                               499

 1   President Trump was even in office, when we had a 

 2   Democrat in the White House and there was no 

 3   assault.  So those claims are disingenuous at 

 4   best and a fabrication at worst.

 5                The reality is this bill can be 

 6   distilled really into one clear aspect, and I 

 7   want to attach my comments to my colleague 

 8   Senator Gallivan's.  The reality is this bill 

 9   today clearly defines -- with the move from the 

10   criminal statute to a different part of the law, 

11   it basically says that we simply do not place any 

12   value, legally speaking, on the life of the 

13   unborn child, even up to the last minutes of -- 

14   almost up to birth.

15                There is no legal protection or 

16   legal value on that child's life, and the reason 

17   is because it undercuts the larger argument.  

18                And so for those reasons, 

19   Madam President, I proudly and regrettably vote 

20   no.

21                THE PRESIDENT:   Senator Ortt to be 

22   recorded in the negative.

23                Senator Jackson to explain your 

24   vote.

25                SENATOR JACKSON:   Thank you, 


                                                               500

 1   Madam President.  

 2                I rise this afternoon and as many of 

 3   you know, I said I represent a large part of 

 4   Manhattan.  And I say to you that during my 

 5   campaign to become the New York State Senator 

 6   representing the 31st Senatorial District, 

 7   hundreds and hundreds and hundreds of activists 

 8   communicated with me how important it is that we 

 9   pass the Reproductive Health Act here in the 

10   New York State Senate.  And many of them voted 

11   for me just for that reason.  And if I did not 

12   vote for it tonight -- today or this afternoon, 

13   they would be very, very disappointed.

14                And I say to you that this bill has 

15   been pending for years and has not been done by 

16   the New York State Senate.  And I understand 

17   people's personal beliefs.  And in fact I've 

18   communicated to people in my district that there 

19   are people outside with placards handing me 

20   information and talking to me, and I respect 

21   their right to do that.  And in fact you know 

22   that is true democracy in action.

23                And to say that today is a failure, 

24   I don't agree with that.  This is a good day in 

25   New York State.  We're passing a law -- and some 


                                                               501

 1   people may say, well, it's this or that, it's not 

 2   perfect.  Democracy isn't perfect.  But this is 

 3   going to help so many people deciding what they 

 4   want to do and not be criminalized for it.

 5                And so on behalf of all the people 

 6   that are in favor of it from the 31st Senatorial 

 7   District in Manhattan, I vote aye, and I thank 

 8   you for your time and attention.

 9                THE PRESIDENT:   Senator Jackson to 

10   be recorded in the affirmative.

11                Senator Gaughran to explain your 

12   vote.

13                SENATOR GAUGHRAN:   Thank you, 

14   Madam President.  And I will be brief because I 

15   think we would like the Governor to sign this 

16   before the end of the day, and we're starting to 

17   run out of time.

18                But I too would like to thank so 

19   much Senator Krueger and Senator Stewart-Cousins 

20   for sponsoring this, and the organizations and 

21   the activists that have fought so hard for this 

22   for so many years.  

23                And I do have to disagree with my 

24   Republican colleagues, while I respect 

25   everybody's right on this issue, and it's a very 


                                                               502

 1   personal decision.  But I do have to disagree 

 2   with their concept that this is perhaps 

 3   theoretical.  Unfortunately, I am convinced that 

 4   we may be seeing Roe v. Wade overturned, and 

 5   maybe sooner than later.

 6                So it is vital that we pass this 

 7   bill today.  And Madam President, I vote aye.

 8                THE PRESIDENT:   Senator Gaughran to 

 9   be recorded in the affirmative.

10                Senator Kaminsky to explain your 

11   vote.

12                SENATOR KAMINSKY:   Thank you, 

13   Madam President.  

14                I just want to not only thank the 

15   sponsor and our Majority Leader, but just make a 

16   quick point about the arguments that have been 

17   made for decades about this and how what we're 

18   doing today fits that.

19                So for years people have complained 

20   about the Supreme Court decision and how it 

21   usurped democracy and a state's ability to make 

22   decisions for themselves.  There's been a steady 

23   drumbeat trying to push back on Roe v. Wade, laws 

24   passed all over the country saying that a woman 

25   must listen to a heartbeat of a fetus before 


                                                               503

 1   making a decision, parental consent, on and on 

 2   and on, a steady erosion of the right that the 

 3   Supreme Court put in place.  

 4                And then our state, after a clear 

 5   mandate in an election where this was front and 

 6   center and every scare tactic about this bill was 

 7   put front and center, in church bulletins and on 

 8   throughout, certainly in my district, voters made 

 9   a decision that a woman's right to choose should 

10   be paramount in this state.  Because in this 

11   state where they choose to live, it matters, and 

12   it matters to the point that we're going to be 

13   leading the country.  And if you don't like that, 

14   then there are plenty of other places that have 

15   different laws, and we can vote with our feet if 

16   we want to.  

17                But our voters sent us here with a 

18   clear mandate.  That mandate is being exercised 

19   today in the most democratic, straightforward 

20   way.  I'm very proud to support the Reproductive 

21   Health Act.  I vote aye.

22                THE PRESIDENT:   Senator Kaminsky to 

23   be recorded in the affirmative.

24                Senator Tedisco to explain your 

25   vote.


                                                               504

 1                SENATOR TEDISCO:   Madam President 

 2   and my colleagues, for a while now the citizens 

 3   of New York State have been waiting to see what 

 4   the agenda will be like with the new legislature.  

 5   And today I think they see it as a very sad day 

 6   and a sad agenda.  

 7                I think today what they see, and 

 8   over the past two weeks, is another addition to 

 9   those two weeks so far, of a radical, extreme, 

10   regressive agenda for New York State.  Let me 

11   repeat that:  A radical, extreme, regressive 

12   agenda for New York State.  Because I think we're 

13   moving backwards today.

14                I say it's regressive because just 

15   last week the extreme regressives in this room 

16   hailed the Governor for standing up -- and I'm 

17   not opposed to it -- and suggesting we have to 

18   increase the penalties for those who would 

19   perpetrate violence or harm on reporters in 

20   New York State.  And I don't have a problem with 

21   that.  I think it's a good thing.  They're 

22   important.

23                Today Senator Lanza pointed out an 

24   irony.  As we want to move legislation in that 

25   area, we want to minimize, reduce or eliminate 


                                                               505

 1   the protections for the most vulnerable in our 

 2   population.  And others have talked about that.  

 3   Those who cannot protect themselves, those who do 

 4   not have a voice.  But, as others have stated 

 5   here, those who are alive and living in the body 

 6   of a woman -- really not the body of a woman, a 

 7   separate body within a woman.

 8                I would suggest to you if a child 

 9   was born on the outside growing out, how would 

10   you feel about destroying it?  Still part of the 

11   mom, the woman.

12                The most important thing we should 

13   be doing while this is legal now, this process, 

14   this procedure -- and we've always agreed upon 

15   that.  Pro-choice and pro-life individuals have 

16   always agreed upon one thing.  If it's legal and 

17   it's going to be done, we want to protect the 

18   life and the safety of the mom and the woman.  

19                As has been pointed out, this bill 

20   really doesn't do that.  You don't want an 

21   acupuncturist or a masseuse providing this 

22   particular procedure for a woman.  That's not 

23   going to protect that individual.  I don't know 

24   what the Education Department is going to decide.  

25   I know I would want a medical doctor to do this 


                                                               506

 1   procedure.  We can respect women that much, if it 

 2   is indeed legal.

 3                But the irony is a bill put out to 

 4   protect human beings, and today to minimize and 

 5   maybe eliminate any protections against violence 

 6   for an unborn child.  I think we could do both.  

 7   We should put it in one bill --

 8                THE PRESIDENT:   Senator Tedisco --

 9                SENATOR TEDISCO:   -- protect 

10   reporters and protect unborn children.

11                THE PRESIDENT:   Senator Tedisco, 

12   your time has lapsed.  How do you vote?  

13                SENATOR TEDISCO:   Thank you, 

14   Madam President.

15                THE PRESIDENT:   How do you vote?  

16   How do you plan to vote?

17                SENATOR TEDISCO:   I vote no.

18                THE PRESIDENT:   Senator Tedisco to 

19   be recorded in the negative.

20                Senator Bailey, please explain your 

21   vote.

22                SENATOR BAILEY:   Thank you, 

23   Madam President.  I will be very brief.

24                Senator Krueger, thank you for your 

25   defense and dissertation about this very 


                                                               507

 1   important health topic.  Leader Stewart-Cousins, 

 2   thank you for introducing it upon your 

 3   introduction to the State Senate.  We are 

 4   appreciative.  And when I say "we," I don't mean 

 5   just members of this body, I mean women all 

 6   around the State of New York.

 7                Ladies and gentlemen, we're talking 

 8   about choice.  This is not compulsory.  There is 

 9   nothing in this bill that says you must get an 

10   abortion if you qualify ABC or XYZ.  This is 

11   about a choice.  

12                I am not of the opinion that we 

13   should be taking choices away from people, much 

14   less a woman.  Much less a woman having to do 

15   with her own body.

16                Senator Liu, you hit the nail on the 

17   head when you said that I would imagine there's 

18   no equivalent in this state law that indicates 

19   that a male should not have a procedure for him 

20   to reproduce.  When we think about putting those 

21   restrictions on men, we should think about 

22   putting restrictions on women.  We haven't done 

23   it for men, and today we're no longer going to do 

24   it for women.  

25                Senator Krueger, thank you for 


                                                               508

 1   standing up.  I vote aye, Madam President.

 2                THE PRESIDENT:   Senator Bailey to 

 3   be recorded in the affirmative.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Thank you, 

 6   Madam President.  

 7                I have just three words to say about 

 8   the passage of RHA today.  It's about time.  I've 

 9   heard a number of my colleagues talk about how 

10   we're moving too quickly and we've passed a lot 

11   of things in the last three legislative days.  

12   Well, they'd better get used to it, because we 

13   are just getting started and there are going to 

14   be a lot of things that are going to pass in this 

15   house that have been held up for way too long.  

16                And by the way, it's not as if these 

17   bills have not had their day in the sun for 

18   public discussion.  RHA was introduced over a 

19   decade ago.  GENDA was first introduced in 2003.  

20   Some of the election reform bills we passed last 

21   week I introduced when I was in the Assembly.

22                So let's be clear, these are things 

23   that people want, these are things that people 

24   have been demanding, and these are things that 

25   have been held up for way too long.  If we want 


                                                               509

 1   to talk about who's regressive and extreme, I 

 2   would submit to the Minority that they're in the 

 3   minority because they have been deemed regressive 

 4   and extreme by the voters of this state.

 5                We are the ones who have campaigned 

 6   on these issues.  We are the ones who won 

 7   elections on these issues.  And we know that the 

 8   people of this state have been demanding progress 

 9   on these and the additional issues you're going 

10   to see coming tomorrow and the week after that 

11   and the week after that and the week after that.

12                So I submit to my colleagues on the 

13   other side they'd better roll up their sleeves 

14   and get ready for some real work, because there 

15   has been things that have been held up and on the 

16   shelf in this state for way too long.  And as for 

17   RHA and everything else we're going to pass, it 

18   is about time we're finally getting it done.  

19                I vote aye.

20                THE PRESIDENT:   Senator Gianaris to 

21   be recorded in the affirmative.

22                Senator Krueger to explain your 

23   vote.

24                SENATOR KRUEGER:   Thank you, 

25   Madam President.


                                                               510

 1                I want to thank my colleagues on 

 2   both sides of the aisle.

 3                I have to say I wish that my 

 4   colleagues who oppose this bill had spent more 

 5   time debating me, because then they might have 

 6   learned more details about what is actually in 

 7   this bill versus some of the things I've heard 

 8   during the comments which are simply not true.  

 9   There's nothing radical about this bill.

10                The decision about whether to have 

11   an abortion is deeply personal.  It involves a 

12   complex weighting of woman's unique 

13   circumstances, her medical needs, her private 

14   morality, and her own body.

15                I value the sanctity of life, 

16   women's lives.  And I remind everyone that what 

17   goes on in the course of a pregnancy can be 

18   extremely different from person to person.  This 

19   is why it is a decision that must be made by a 

20   woman and her healthcare provider alone, not by 

21   us in government.

22                Our abortion laws, once 

23   groundbreaking, are now almost 50 years old.  

24   They did not meet the standard set by Roe v. 

25   Wade, and they do not reflect modern medical 


                                                               511

 1   practice.  Even the earlier statements I heard 

 2   about being worried about masseuses performing 

 3   abortions -- I hope everybody knows that in 

 4   modern times, four out of five abortions involve 

 5   the taking of two pills provided by licensed, 

 6   approved medical providers.  Just two pills, 

 7   licensed providers.

 8                It should not have taken this long 

 9   to get to this day.  Forty-six years today since 

10   the Roe v. Wade decision in 1973.  And I am so 

11   proud that Sarah Weddington is here on the floor 

12   with us today so we can thank her for her 

13   lifetime dedication.  She debated the original 

14   bill before the federal Supreme Court.  And I 

15   think everybody, wherever you are on this bill, I 

16   would just like to ask you to rise and applaud 

17   Sarah Weddington for her amazing life and work.

18                (Extended standing ovation.)

19                SENATOR KRUEGER:   And you know, we 

20   still have not learned how to talk to each other 

21   about this complex issue.  Thirty percent of 

22   American women will have an abortion by the age 

23   of 45.  That's one out of four.  And I doubt we 

24   could find one who said it was easy and who did 

25   not think long and hard about their decision.  


                                                               512

 1   And yet we still do not allow people a place to 

 2   discuss their feelings, emotions and experiences 

 3   because laws and attitudes make them feel at 

 4   risk.  We will never know how many New York women 

 5   have suffered and even died because of our 

 6   antiquated laws preventing them from getting the 

 7   care they desperately needed, particularly 

 8   low-income women and women of color.  

 9                But laws are not enough.  We need to 

10   move further to ensure that our healthcare 

11   providers are trained and available in every 

12   county in our state and no one faces prohibitive 

13   costs in order to meet women's needs near where 

14   they live.  

15                Today we are turning a page, and I'm 

16   very proud to be a small part of that with my 

17   colleagues here today and my leader, Andrea 

18   Stewart-Cousins.  By enacting the Reproductive 

19   Health Act, the CCCA, and the Boss Bill, New York 

20   will once again take the lead in the nation on 

21   women's reproductive healthcare and we will help 

22   ensure that all New Yorkers have the freedom and 

23   opportunity to make their own decisions about 

24   their health and their families.  

25                I proudly vote aye, Madam President.


                                                               513

 1                THE PRESIDENT:   Senator Krueger to 

 2   be recorded in the affirmative.

 3                Senator Kaplan to explain your vote.

 4                SENATOR KAPLAN:   A woman's decision 

 5   to choose motherhood is deeply personal.  It's a 

 6   decision that should be made by her, without 

 7   interference by the government.  For too long, 

 8   too many barriers have been put up to prevent 

 9   women from freely accessing health services and 

10   exercising their right to make decisions about 

11   their reproductive health.

12                I applaud Senator Liz Krueger and 

13   our Majority Leader, Andrea Stewart-Cousins.  I'm 

14   proud to stand here today as a cosponsor of this 

15   legislation and to vote in favor of its passage 

16   so that women's rights are protected in New York 

17   no matter what happens at the federal level.

18                Thank you.

19                THE PRESIDENT:   Senator Kaplan to 

20   be recorded in the affirmative.

21                Seeing and hearing no other Senators 

22   that wish to explain their vote -- Senator 

23   Benjamin to explain your vote.

24                SENATOR BENJAMIN:   Briefly, Madam 

25   President.  


                                                               514

 1                I was sitting here not planning to 

 2   speak, but I was reflecting on the concept that I 

 3   was hearing from the other side about hypocrisy, 

 4   and I felt compelled to say something on that.  

 5                First of all, I want to commend 

 6   Senator Krueger and those who have fought so hard 

 7   in our galleries to make this day possible.

 8                When you talk about hypocrisy, I 

 9   want to talk about the hypocrisy of individuals 

10   who say they're pro-life but then when their 

11   daughter might be in a situation, they all of a 

12   sudden have a different perspective for their 

13   child, but they have a different view for 

14   everyone else.

15                And I think it's important that we 

16   don't be hypocritical today.  A woman's right to 

17   choose should be her right.  And we shouldn't 

18   have a standard for everybody else but when it 

19   comes to us, we want to have a second set of 

20   standards.

21                And so I think it's important that 

22   we are here today to let everyone know that in 

23   the State of New York a woman has a right to 

24   choose.  And for that, I vote aye.

25                THE PRESIDENT:   Senator Benjamin to 


                                                               515

 1   be recorded in the affirmative.

 2                Seeing and hearing no other Senators 

 3   that wish to explain their vote, Majority Leader 

 4   Andrea Stewart-Cousins to close.

 5                SENATOR STEWART-COUSINS:   Thank 

 6   you, Madam President.

 7                So here we are again, breaking down 

 8   yet another barrier.  And today is a day that, as 

 9   has been stated, marks 46 years since Roe v. 

10   Wade.  So it's appropriate that we take up this 

11   issue and debate it as we have done today.  

12                I appreciate my colleagues on the 

13   other side.  You answered a question for me, the 

14   question that I've been asking since 2007, 

15   whether or not there would be a vote that would 

16   be similar to what happened in 1970, where some 

17   Republicans joined with Democrats to vote for a 

18   woman's choice.  

19                And I understand that you feel the 

20   way you feel.  But 46 years ago, the federal 

21   government decided that women needed to have 

22   control over their destinies.  You know, women 

23   were dying needlessly.  In a country where the 

24   medical services were the best in the world, 

25   because women had no choice, they resorted to 


                                                               516

 1   methods that in many cases ended their lives or 

 2   ended the prospects for their lives.

 3                Roe v. Wade said that we're better 

 4   than that as a country and that women who have a 

 5   choice can have a choice and can have the best 

 6   care possible should they decide to have an 

 7   abortion.  

 8                And we thought that the struggle to 

 9   affirm women's rights were done.  We thought that 

10   it was settled law.  We thought there was no more 

11   going back.  And yet we've watched brick by brick 

12   being placed in the path of women and their right 

13   to their own destiny.

14                When I first carried this bill in 

15   2007, they did tell -- "Oh, no, no, no, we don't 

16   have to discuss this."  I mean, I was frankly 

17   appalled when I came in.  I didn't realize that 

18   the abortion laws were in the homicide codes.  I 

19   really didn't know that.  And I didn't realize 

20   that the 1973 law had more provisions than we had 

21   in 1970.  I didn't know that.

22                And I thought that I'd come in and 

23   why don't we stop talking about homicide when 

24   we're talking about women's health issues.  And 

25   why aren't we as up-to-date as the federal 


                                                               517

 1   government?  After all, we were the leaders.  I 

 2   was shocked when we were told that "Oh, don't 

 3   worry, it's not a problem.  Nothing's going to 

 4   happen."

 5                So no, it's not about being 

 6   disingenuous, it's about watching brick by brick 

 7   the walls being built, walls that are meant to be 

 8   barriers.  We can't pretend that the case now and 

 9   what can happen with women's choice and Roe v. 

10   Wade is not in jeopardy.  Clearly our president 

11   has stated -- and, you know, my colleagues have 

12   said that he has made it clear that some days he 

13   thinks women should be punished for their 

14   reproductive choices.  Maybe -- I think he -- 

15   maybe they should go to jail, we'll have to see.

16                But what is very clear is that there 

17   is no appetite for allowing women who have the 

18   right to their own destiny to be able to keep 

19   those decisions as their own personal decisions.

20                And so today we're saying no.  We're 

21   saying not here in New York.  We're saying that 

22   women's health matters.  We're saying that her 

23   decisions about her life matter.  And once again, 

24   we are leading the way.

25                Today we're also saying that 


                                                               518

 1   contraceptive care matters.  It was 

 2   interesting -- as an aside, I was talking to my 

 3   son about the fact that we're passing these laws.  

 4   He knew how -- the fact that the contraceptive 

 5   was in month increments.  My son knew that.  It's 

 6   not just a woman's issue.

 7                So I'm happy that we're saying that 

 8   contraceptive care matters, that we're saying 

 9   that your boss should have no right to determine 

10   your reproductive choices around your health 

11   insurance.  

12                And that being said, I really want 

13   to thank Senator Krueger, who's been, you know, 

14   just an incredible friend and a champion for 

15   women's rights.  Thank you for being who you are.

16                I want to thank all of my colleagues 

17   who have, you know, made this day finally 

18   possible.  Thank you, Jen, thank you, Julia, for 

19   doing incredible work.  I mean, I think that we 

20   have the best freshman class ever.

21                But I really want to say that we 

22   have all thought a lot about this, each and every 

23   one of my colleagues.  And you've heard how 

24   thoughtful everybody is, and my Republican 

25   colleagues as well.  And I just want it to be 


                                                               519

 1   really clear.  Nobody takes this lightly.  Nobody 

 2   thinks that these aren't serious decisions.  

 3   Nobody, nobody believes that at any moment, if 

 4   you are confronted with this, it cannot be 

 5   anguished.  

 6                But the reality is what we are 

 7   saying today is that we will get out of the way, 

 8   that women will be able to make their decisions 

 9   and lead their lives the way a democracy in 

10   America allows them to lead.

11                I vote aye.

12                THE PRESIDENT:   Senator Andrea 

13   Stewart-Cousins to be recorded in the 

14   affirmative.

15                Announce the results.

16                THE SECRETARY:   Those recorded in 

17   the negative on Calendar Number 33 are 

18   Senators Addabbo, Akshar, Amedore, Antonacci, 

19   Boyle, Felder, Funke, Gallivan, Griffo, Helming, 

20   Jacobs, Jordan, Lanza, LaValle, Little, O'Mara, 

21   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

22   Seward, Tedisco and Young.

23                Ayes, 38.  Nays, 24.

24                THE PRESIDENT:   The bill is passed.

25                (Cheers; extended standing ovation.)


                                                               520

 1                UNIDENTIFIED WOMAN IN GALLERY:   May 

 2   Almighty God have mercy on the State of New York.

 3                (Continuing uproar.)

 4                THE PRESIDENT:   Order in the 

 5   chambers.  

 6                Senator Gianaris.  

 7                We will have order in these 

 8   chambers.  The Sergeant-at-Arms will have order 

 9   in these chambers.

10                SENATOR GIANARIS:   Madam President, 

11   is there any further business at this desk until 

12   tomorrow, when we get to do it all again? 

13                THE PRESIDENT:   There is no further 

14   business at the desk.

15                SENATOR GIANARIS:   That being the 

16   case, I move to adjourn until tomorrow, 

17   Wednesday, January 23rd, at 11:00 a.m.

18                THE PRESIDENT:   On motion, the 

19   Senate stands adjourned until Wednesday, 

20   January 23rd, 11:00 a.m.

21                (Whereupon, at 4:48 p.m., the Senate 

22   adjourned.)

23

24

25