Regular Session - February 27, 2019

                                                                   1151

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 27, 2019

11                      3:33 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1152

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, I ask that everyone bow their 

10   head in a moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   February 26, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, February 25, 

18   2019, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 


                                                               1153

 1   13, Senator Kaplan moves to discharge, from the 

 2   Committee on Judiciary, Assembly Bill Number 1044 

 3   and substitute it for the identical Senate Bill 

 4   Number 2505, Third Reading Calendar 142.

 5                ACTING PRESIDENT BENJAMIN:   

 6   Substitution so ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Mr. President, 

15   can we adopt the Resolution Calendar at this 

16   time, with the exception of Resolutions 322, 415, 

17   418, 503, 513, 514 and 532.

18                ACTING PRESIDENT BENJAMIN:   All in 

19   favor of adopting the Resolution Calendar, with 

20   the exception of Resolutions 322, 415, 418, 503, 

21   513, 514 and 532, please signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT BENJAMIN:    

24   Opposed, nay.

25                (No response.)


                                                               1154

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Resolution Calendar is adopted.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Mr. President, 

 5   can you now recognize Senator Mayer for an 

 6   introduction.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Mayer.

 9                SENATOR MAYER:   Thank you, 

10   Mr. President.  

11                Thank you for allowing me to 

12   introduce an extraordinary group of young women 

13   from the University of Massachusetts Women into 

14   Leadership Program who are joining us here today.  

15                This is a terrific program of the 

16   University of Massachusetts which brings young 

17   women into a leadership position, provides them 

18   the opportunity to meet with other women 

19   throughout our state and obviously Massachusetts 

20   to see what government is about and to get a 

21   full-fledged entry into the world that we live in 

22   of government and policy.  

23                And it is an extraordinary 

24   opportunity.  I know last year I was two years 

25   ago fortunate to meet one of these young women 


                                                               1155

 1   who happened to live in my district and 

 2   immediately hired her right out of college, and 

 3   she's been a superstar.  

 4                These are terrific young women who 

 5   represent the best of our graduating class, and 

 6   we welcome them here today.  I hope you will 

 7   extend all the cordialities of the Senate to 

 8   them.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   Thank 

11   you, Senator Mayer.  

12                We welcome our guests and extend to 

13   you the privileges and courtesies of this house.  

14                Thank you for joining us.

15                (Standing ovation.)

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Gianaris.  

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President.  

20                Can you now recognize Senator 

21   Metzger for another introduction.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Metzger.

24                SENATOR METZGER:   Thank you, 

25   Mr. President.


                                                               1156

 1                It is my great honor to introduce my 

 2   guest today, Reverend Jeanette J. Phillips, and 

 3   recognize her significant and ground-breaking 

 4   accomplishments as one of the founding mothers of 

 5   Hudson Valley healthcare.  

 6                And she is joined today by her 

 7   family, her daughter and her granddaughter, all 

 8   following in her footsteps, as well as her 

 9   colleagues.

10                For over four decades, 

11   Reverend Phillips has been a pioneer in securing 

12   access to healthcare for the underserved.  

13   Starting in the 1970s, she led the efforts of 

14   African-American women in the Peekskill community 

15   to start a community healthcare center that would 

16   provide access to affordable healthcare.

17                Through her extraordinary efforts, 

18   five years later the first Hudson Valley 

19   Healthcare Center, then called the Peekskill Area 

20   Ambulatory Healthcare Center, was opened.  

21   Reverend Phillips was the organization's first 

22   board chair and its outreach coordinator.

23                She continues to serve as the 

24   executive vice president of community 

25   development, marking over 40 years of leadership 


                                                               1157

 1   in providing healthcare for the people of the 

 2   Hudson Valley and helping to shape the 

 3   organization that includes 43 healthcare centers 

 4   providing the highest-quality primary and 

 5   preventive care for over 225,000 patients 

 6   annually.

 7                Along with her husband of 60 years, 

 8   the Reverend Howard Phillips, she's raised five 

 9   children, and the two of them share 

10   25 grandchildren, 13 great-grandchildren, and 

11   four great-great-grandchildren.  

12                Her exceptional commitment to her 

13   community is reflected in her outreach ministry 

14   and as a board member and participant in 

15   countless community-based organizations.  

16                My office has prepared a 

17   proclamation honoring Reverend Phillips.  And 

18   it's fitting that as we celebrate Black History 

19   Month, we recognize this extraordinary woman who 

20   contributed so much to overcoming racial and 

21   economic barriers to access quality healthcare in 

22   ways that continue to shape and inform healthcare 

23   delivery in New York.

24                Thank you, Reverend Phillips, for 

25   your incredible service and commitment to 


                                                               1158

 1   New York.  We are honored by your presence and 

 2   the opportunity to recognize you today.

 3                I would ask, Mr. President, that we 

 4   acknowledge the presence of Reverend Phillips and 

 5   her family and colleagues and give them all the 

 6   privileges of the house.  

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Thank 

 9   you, Senator Metzger.

10                We welcome Reverend Phillips and her 

11   family, and we extend to you all the privileges 

12   and courtesies of this house.  Please rise and be 

13   recognized.

14                (Standing ovation.)

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Gianaris.  

17                SENATOR GIANARIS:   Mr. President, 

18   can we now please take up Resolution Number 415, 

19   by Senator Gaughran, read the resolution in its 

20   entirety and recognize Senator Gaughran.

21                ACTING PRESIDENT BENJAMIN:   The 

22   Secretary will read.

23                THE SECRETARY:   Senate Resolution 

24   415, by Senator Gaughran, commending Firefighter 

25   Josh Kerr, Ex-Chief Robert Kaplan and Captain 


                                                               1159

 1   William Sauberman upon the occasion of their 

 2   designation as recipients of a Liberty Medal, the 

 3   highest honor bestowed upon an individual by the 

 4   New York State Senate.  

 5                "WHEREAS, Citizens across the State 

 6   of New York are inspired by and indebted to our 

 7   noble firefighters who exhibit courage and 

 8   bravery every day in the course of their duties; 

 9   and 

10                "WHEREAS, New York State 

11   firefighters exemplify the power of human 

12   compassion and the strength of the American 

13   spirit through actions of the most heroic 

14   magnitude; their sacrifices and their selfless 

15   dedication merit tribute and recognition by all 

16   citizens of this great nation; and 

17                "WHEREAS, This Legislative Body is 

18   justly proud to commend Firefighter Josh Kerr, 

19   Ex-Chief Robert Kaplan and Captain William 

20   Sauberman upon the occasion of their designation  

21   as recipients of a Liberty Medal, the highest 

22   honor bestowed upon an individual by the New York 

23   State Senate; and 

24                "WHEREAS, The New York State Senate 

25   Liberty Medal was established by resolution and 


                                                               1160

 1   is awarded to individuals who have merited 

 2   special commendation for exceptional, heroic, or 

 3   humanitarian acts on behalf of their fellow 

 4   New Yorkers; and 

 5                "WHEREAS, On Sunday, January 6, 

 6   2019, at approximately 4:00 p.m., the Syosset 

 7   Volunteer Fire Department responded to an 

 8   automatic carbon monoxide detector activation at 

 9   a senior living complex; upon arrival, the 

10   firefighters noticed a burning smell; and 

11                "WHEREAS, After Captain William 

12   Sauberman, officer of Engine Company 5, forced 

13   his way into the apartment, he and Firefighter 

14   Josh Kerr, the acting officer of Engine 584, and 

15   Ex-Chief Robert Kaplan, officer of Ladder 5855, 

16   began to search the smoke-filled apartment for  

17   residents; and 

18                "WHEREAS, Fortunately, the three 

19   firefighters heard a groan from the kitchen and 

20   found the victim face down on the floor; after a 

21   quick assessment to see if he was still 

22   breathing, they carried the 71-year-old man 

23   outside to safety; and 

24                "WHEREAS, The unconscious victim was 

25   cared for on scene by the Syosset Fire Department 


                                                               1161

 1   Emergency Medical Service members, and he gained 

 2   consciousness on route to the hospital; due to 

 3   the firefighters' astute and courageous actions, 

 4   the man's life was spared; and 

 5                "WHEREAS, Firefighters unwaveringly 

 6   serve our great state with pride, valor, and 

 7   integrity; these respected men and women are 

 8   often the first to respond to an emergency, 

 9   whether the emergency is a fire, an accident, 

10   natural disaster, act of terrorism, medical 

11   crisis, or spill of hazardous materials; and 

12                "WHEREAS, It takes a special 

13   dedication, a strong desire to help others and a 

14   tireless sense of community to forsake precious  

15   time with family and friends to respond to the 

16   signal that a neighbor is in need; 

17   Firefighter Josh Kerr, Ex-Chief Robert Kaplan and 

18   Captain William Sauberman are such firefighters; 

19   they heroically perform, above and beyond the 

20   call of duty, those responsibilities which define 

21   the task of fire protection; now, therefore, be 

22   it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to commend 

25   Firefighter Josh Kerr, Ex-Chief Robert Kaplan  


                                                               1162

 1   and Captain William Sauberman upon the occasion 

 2   of their designation as recipients of a 

 3   Liberty Medal, the highest honor bestowed upon an 

 4   individual by the New York State Senate; and be 

 5   it further 

 6                "RESOLVED, That copies of this 

 7   resolution, suitably engrossed, be transmitted to 

 8   Firefighter Josh Kerr, Ex-Chief Robert Kaplan and 

 9   Captain William Sauberman." 

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gaughran on the resolution.

12                SENATOR GAUGHRAN:   Thank you, 

13   Mr. President.

14                It is my honor today to welcome 

15   three real heroes from my district -- Josh Kerr, 

16   Robert Kaplan, and William Sauberman -- to our 

17   beautiful chamber here in Albany.  They're here 

18   today because of what they did on one very cold 

19   January day.  And they're also joined by Josh's 

20   girlfriend, Kathleen Therese Don Angelo.  

21                On January 6, Josh, Robert and 

22   William rushed into a burning Syosset senior 

23   living complex, where they saw a gentleman on the 

24   floor.  It looked like he wasn't breathing and, 

25   as the resolution speaks to, they weren't even 


                                                               1163

 1   sure if he was alive.  But it's because of their 

 2   heroism, putting their own lives in danger, that 

 3   they were able to save him and pull him out.

 4                And, you know, our first 

 5   responders -- and these are volunteers.  They 

 6   serve with our recognition and our thanks, and 

 7   every day they could be putting their lives at 

 8   risk.  They work through snowstorms, floods, 

 9   hurricanes.  Our community is safe because of the 

10   incredible sacrifice that these firefighters 

11   make.

12                So I thank the Senate for this 

13   resolution today to honor their bravery.  And 

14   Mr. President, if it's all right, I would ask 

15   that we allow them to rise so that we can 

16   recognize them.  

17                And thank you, gentlemen, for what 

18   you have done.

19                (Standing ovation.)

20                ACTING PRESIDENT BENJAMIN:   The 

21   question is on the resolution.  All in favor 

22   signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT BENJAMIN:    

25   Opposed?  


                                                               1164

 1                (No response.)

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolution is adopted.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   At the request 

 6   of Senator Gaughran, Mr. President, this 

 7   resolution is open for cosponsorship.  

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   resolution is open for cosponsorship.  Should you 

10   choose not to be a cosponsor of the resolution, 

11   please notify the desk.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Can we now 

14   please take up Senate Resolution 418, by 

15   Senator May, read the resolution title only, and 

16   recognize Senator May.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Secretary will read.

19                THE SECRETARY:   Resolution 418, by 

20   Senator May, honoring Dina Eldawy upon the 

21   occasion of her designation as recipient of a 

22   2019 Marshall Scholarship.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   May on the resolution.

25                SENATOR MAY:   Thank you, 


                                                               1165

 1   Mr. President.

 2                After World War II, the United 

 3   States did an extraordinary thing.  We offered 

 4   significant aid to our former allies and enemies 

 5   in Europe so that they could rebuild their 

 6   economies and forestall the cycle of poverty and 

 7   despair that had led to the previous two world 

 8   wars.

 9                The Marshall Plan was an enormous 

10   success, and the countries that received it 

11   wanted to express their gratitude to the 

12   United States.  Great Britain did so by creating 

13   the Marshall Scholarships in the 1950s, which 

14   were designed to send a few dozen American 

15   college graduates to the United Kingdom to study 

16   at British universities for two years.

17                They selected the scholars according 

18   to academic merit but also the promise of 

19   leadership and the ability to be ambassadors 

20   between our country and the United Kingdom, to 

21   perpetuate the special relationship between the 

22   two countries.  

23                As far as I know, as far as the 

24   historian of the Senate knows, I am the first 

25   Marshall Scholar to serve as a New York State 


                                                               1166

 1   Senator.  And as such, it gives me great pleasure 

 2   to honor Dina Eldawy, who is a senior at Syracuse 

 3   University.  She is the first woman from Syracuse 

 4   University ever to receive a Marshall 

 5   Scholarship, also the first Muslim from 

 6   Syracuse University.  

 7                She is majoring in international 

 8   relations and citizenship and civic engagement, 

 9   which is an exciting major at Syracuse University 

10   that prepares leaders for careers in government 

11   and politics.  And I think she has a great future 

12   in that regard.  She's going to the University of 

13   Sussex to study international relations and then 

14   to the University of Oxford for one year.

15                So it is a great honor to me to be 

16   able to recognize her in this way and to 

17   acknowledge that I do believe she's going to do 

18   great credit not only to my home city of Syracuse 

19   and to Syracuse University, but to the State of 

20   New York and the entire United States.

21                So I ask us all to acknowledge her 

22   contribution and her achievement.  Thank you very 

23   much.

24                ACTING PRESIDENT BENJAMIN:   The 

25   question is on the resolution.  All in favor 


                                                               1167

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:    

 4   Opposed?

 5                (No response.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution is adopted.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   At the request 

10   of Senator May, that resolution is open for 

11   cosponsorship.

12                ACTING PRESIDENT BENJAMIN:   The 

13   resolution is open for cosponsorship.  Should you 

14   choose not to be a cosponsor of the resolution, 

15   please notify the desk.

16                Senator Gianaris.

17                SENATOR GIANARIS:   Can we now move 

18   to Senate Resolution 322, by Senator Stavisky, 

19   read that resolution title only, and call on 

20   Senator Stavisky, please.

21                ACTING PRESIDENT BENJAMIN:   The 

22   Secretary will read.

23                THE SECRETARY:   Senate Resolution 

24   Number 322, by Senator Stavisky, memorializing 

25   Governor Andrew M. Cuomo to proclaim 


                                                               1168

 1   September 25, 2019, as Bangladeshi Immigrant Day 

 2   in the State of New York.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Stavisky on the resolution.

 5                SENATOR STAVISKY:   Thank you, 

 6   Mr. President.

 7                This resolution honors the 

 8   Bangladeshi community, which is a very important 

 9   part of our true diversity that exists in the 

10   State of New York.  There are approximately 

11   500,000 people from Bangladesh residing in the 

12   United States, and about a quarter of a million 

13   people residing in the City of New York.

14                The resolution honors Bishawajit 

15   Saha, the founder and head of the Muktadhara 

16   Foundation.  And they provide particularly books 

17   and resources for the libraries and book fairs in 

18   the community to spread the rich cultural 

19   traditions of the Bangladesh community, and we 

20   come together on various occasions.  

21                I represent an area in 

22   Jackson Heights -- it's a thin strip but has 

23   many, many people from this part of the world, 

24   and we are delighted that they have chosen to 

25   come to New York.  And I congratulate the 


                                                               1169

 1   foundation on its celebrations of the Bangladesh 

 2   traditions.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Liu on the resolution.

 6                SENATOR LIU:   Thank you, 

 7   Mr. President, for the opportunity to speak on 

 8   this resolution that is important to the 

 9   Bangladeshi community.  And also I'll take this 

10   quick opportunity to speak on another resolution 

11   honoring International Mother Language Day.  

12                The Bangladeshi community, as 

13   Senator Stavisky has pointed out, is one of the 

14   fastest-growing communities here in New York, and 

15   their contributions to our societal life, our 

16   economy, education, academia, society and the 

17   arts has been immeasurable and invaluable.  And 

18   this community needs to be recognized as such, 

19   and that's why we have this resolution.  

20                And at the same time we also have a 

21   resolution honoring International Mother Language 

22   Day, which specifically for the Bangladeshi 

23   community is of significant importance because 

24   the Bengali language was -- the language was the 

25   impetus towards the unification of Bangladesh and 


                                                               1170

 1   instrumental in its formation as a nation and 

 2   really critical to the national identity of so 

 3   many fellow New Yorkers who are Bangladeshi 

 4   Americans.

 5                So I proudly support both of these 

 6   resolutions.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   SepĂșlveda on the resolution.

10                SENATOR SEPÚLVEDA:   Thank you, 

11   Mr. President, for allowing me to speak also on 

12   this resolution.

13                I have probably the second-largest 

14   Bangladeshi American population in the City of 

15   New York.  They are contributing mightily to this 

16   society.  They are becoming doctors, lawyers.  

17   Their children are excelling in our schools.  

18                They're a vibrant part of my 

19   community in Parkchester.  And I'm very honored 

20   to say that they have been very close to me since 

21   I became an elected official in the Bronx, and we 

22   work closely.  

23                And Senator Liu mentioned the Mother 

24   Language Day resolution.  I too will have a 

25   resolution to celebrate Bangladeshi Independence 


                                                               1171

 1   Day in the next couple of weeks.  There will be a 

 2   contingency of about 220 Bangladeshi Americans 

 3   from our community that will be coming to Albany, 

 4   as we've done every year for the last seven 

 5   years.  And we're going to bring them to 

 6   celebrate their culture, they're going to be 

 7   performing here.  And I invite all of my 

 8   colleagues to participate and celebrate this 

 9   wonderful rich tradition and culture.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Comrie on the resolution.

12                SENATOR COMRIE:   Thank you, 

13   Mr. President.

14                I rise to also support this 

15   resolution and also to talk about the Mother 

16   Language Day resolution, so I'll take the 

17   opportunity to do both at this point.

18                The Bangladesh community also is a 

19   predominant community in my district in Queens, 

20   also taking on many important positions.  I was 

21   proud to support the first Bangladesh American to 

22   run for school board in the area and to run for 

23   elected office.

24                I've been working with the community 

25   since before 9/11, making sure that they had 


                                                               1172

 1   access to government, making sure that all of the 

 2   agencies in the city and state were respecting 

 3   them and giving them opportunities to establish a 

 4   life and establish their presence in the 

 5   community.

 6                Since then they have truly worked to 

 7   become a major part and an integral part of 

 8   southeast Queens life -- owning businesses, 

 9   making sure that there are opportunities to 

10   expand and celebrate their culture, to pass their 

11   culture down to other people.

12                I'm proud to say that as we continue 

13   to work with that community, they are truly 

14   becoming a building block in the Jamaica 

15   community that I represent.

16                I also wanted to just take the 

17   opportunity, so that I don't have to come back 

18   again, to talk about the Mother Language Day 

19   resolution and what's important about that.

20                As we all know, language is the 

21   building block of our societies.  Language makes 

22   New York State what it is, contributing to the 

23   many colors, textures and sounds of New York.  

24   The breadth of languages in the Empire State and 

25   the breadth of people speaking them is 


                                                               1173

 1   astounding.  According to the Census, our state 

 2   has some two dozen languages spoken by more than 

 3   50,000 people at home.  The full number of 

 4   languages spoken here escapes imagination.

 5                To that end, we are celebrating 

 6   International Mother Language Day, which was held 

 7   on February 21st, so that we can remember and 

 8   cherish all the tongues of the world.  According 

 9   to the United Nations, a language and the 

10   heritage cradled within it disappears every two 

11   weeks.  We must honor and protect our precious 

12   languages.  

13                We must also pay tribute to those 

14   who would do anything to honor their language and 

15   their culture, including the brave students in 

16   Dhaka, in what is today Bangladesh, who lost 

17   their lives, killed by police, when they sought 

18   the recognition of the Bangla language spoken by 

19   the majority of the populace.  

20                In a tribute to those brave men and 

21   women, the United Nations Educational, Scientific 

22   and Cultural Organization created International 

23   Mother Language Day.

24                Our languages give rise to our 

25   cultures and our identities.  Never would our 


                                                               1174

 1   lives and our societies be so vibrant and 

 2   colorful without the languages that guide our 

 3   discourse.

 4                In connection to this, I also have 

 5   some people from my district who are here in the 

 6   chamber, the New American Voter Association, 

 7   NAVA, with Dilip Nath and Rokeya Octer, who are 

 8   actually here today lobbying members about 

 9   establishing a Diwali holiday to celebrate their 

10   culture and to give their children the 

11   opportunity to have a day to celebrate that 

12   holiday.

13                Here we have men and women looking 

14   to participate in the finest American tradition:  

15   Democracy.  These Queens residents have come from 

16   far and wide, bringing various languages and 

17   cultures with them.  They have integrated their 

18   hopes, their dreams and practices into the 

19   American way of life, forging a new future for 

20   themselves while always carrying their past in 

21   their hands.  

22                They're emblematic of the spirit of 

23   International Mother Language Day.  Together, we 

24   can maintain awareness of our world's 

25   multilinguistic past and ensure these languages 


                                                               1175

 1   of the past are carried forward.

 2                When it comes to the spoken word, 

 3   Queens is truly the "World's Borough," with as 

 4   many as 800 languages spoken in the whole city.  

 5   Nowhere else has as many languages spoken as 

 6   there are in Queens, according to the Endangered 

 7   Language Alliance society.  There are over 160 

 8   languages that we know are spoken through the 

 9   borough, according to the World Economic Forum.

10                Mr. President, thank you for 

11   allowing me to combine the resolutions to shorten 

12   the clock today.  And again, please thank Dilip 

13   Nath and the NAVA group for coming to Albany this 

14   afternoon to lobby for Diwali Day.  

15                Thank you very much.

16                (Applause.)

17                ACTING PRESIDENT BENJAMIN:   The 

18   question is on the resolution.  All in favor 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:    

22   Opposed?  

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   resolution is adopted.


                                                               1176

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   That resolution, 

 3   Mr. President, is also open for cosponsorship.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is open for cosponsorship.  Should you 

 6   choose not to be a cosponsor of the resolution, 

 7   please notify the desk.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Since 

10   Senator Comrie was kind enough to combine 

11   discussion of his resolution with the last, can 

12   we now take up Senate Resolution 514, by 

13   Senator Comrie, read its title only, and move for 

14   its adoption.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Secretary will read.

17                THE SECRETARY:   Senate Resolution 

18   514, by Senator Comrie, memorializing Governor 

19   Andrew M. Cuomo to proclaim February 21, 2019, as 

20   Mother Language Day in the State of New York, in 

21   conjunction with International Mother Language 

22   Day.

23                ACTING PRESIDENT BENJAMIN:   The 

24   question is on the resolution.  All in favor 

25   signify by saying aye.


                                                               1177

 1                (Response of "Aye.")

 2                ACTING PRESIDENT BENJAMIN:    

 3   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   resolution is adopted.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   That resolution 

 9   is also open for cosponsorship, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   The 

11   resolution is open for cosponsorship.  Should you 

12   choose not to be a cosponsor of the resolution, 

13   please notify the desk.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Can we now take 

16   up Senate resolution 513, by Senator Martinez, 

17   read its title only, and recognize Senator 

18   Martinez.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   513, by Senator Martinez, congratulating 

23   Dr. Wayne R. Horsley upon the occasion of his 

24   retirement after 44 years of distinguished 

25   service to Long Island.


                                                               1178

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Martinez on the resolution.

 3                SENATOR MARTINEZ:   Good afternoon 

 4   and thank you, Mr. President.  

 5                I would like to extend my sincere 

 6   congratulations to Dr. Wayne R. Horsley upon the 

 7   occasion of his retirement after 44 years of 

 8   distinguished service to the Long Island 

 9   community.  

10                It is the sense of this legislative 

11   body to recognize and honor those distinguished 

12   citizens of this great state who have devoted 

13   themselves to faithfully serving the best 

14   interests of their community and the needs of 

15   their residents.  

16                I have known Mr. Horsley for a 

17   number of years, and his main goal has always 

18   been to protect his constituency.  In every 

19   capacity served, he has gone above and beyond his 

20   duties.  He has been a colleague and a friend, 

21   and although it is sad to see him go, I wish him 

22   all the best in his future endeavors.  

23                Mr. Wayne Horsley, thank you for 

24   44 years of dedicated service, and best of luck 

25   to you.


                                                               1179

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Boyle on the resolution.

 4                SENATOR BOYLE:   Thank you, 

 5   Mr. President, on the resolution.  

 6                I'd like to thank Senator Martinez 

 7   for sponsoring this resolution in favor of 

 8   Wayne Horsley, to commemorate a life well-lived.  

 9                In terms of his professional life, 

10   he's been both an elected official in our 

11   community and part of the administration.  He has 

12   worked tirelessly to help my constituents now.  

13   We shared many constituents.  He was in the 

14   county legislature, I was in the State Assembly, 

15   and now he works -- has worked for the Parks 

16   Department for many years.  He's done a 

17   tremendous job.  

18                We owe him a great debt of 

19   gratitude, and I do personally, because if he 

20   would have run for the Senate, I would have lost.  

21                I vote in favor.

22                ACTING PRESIDENT BENJAMIN:   The 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               1180

 1                ACTING PRESIDENT BENJAMIN:    

 2   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is adopted.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Please open that 

 8   resolution for cosponsorship, Mr. President.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   resolution is open for cosponsorship.  Should you 

11   choose not to be a cosponsor of the resolution, 

12   please notify the desk.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Mr. President, 

15   can we now take up the noncontroversial reading 

16   of the calendar.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 99, 

20   Senate Print 508A, by Senator Myrie, an act to 

21   amend the Election Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                SENATOR GRIFFO:   Lay it aside, 

25   please. 


                                                               1181

 1                ACTING PRESIDENT BENJAMIN:   Lay it 

 2   aside.

 3                THE SECRETARY:   Calendar Number 

 4   100, Senate Print 546, by Senator Akshar, an act 

 5   to amend the Election Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   134, Senate Print 1481, by Senator Hoylman, an 

20   act to amend the Executive Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the first of January 

25   next succeeding the date upon which it shall have 


                                                               1182

 1   become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   136, Senate Print 748, by Senator Montgomery, an 

12   act to amend the Judiciary Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Montgomery to explain her vote.

22                SENATOR MONTGOMERY:   Yes, thank 

23   you, Mr. President.  

24                This bill is I believe extremely 

25   important, especially for mothers who are 


                                                               1183

 1   breast-feeding at the moment that they receive a 

 2   subpoena to come to jury duty.  The bill would 

 3   allow for a postponement for up to two years or 

 4   an excuse from jury duty simply because they are 

 5   a breast-feeding mother.  

 6                And as we know, breast-feeding is 

 7   extremely important for the health of the baby, 

 8   and it is also an extremely important function 

 9   that allows mother and child to bond.  And 

10   therefore it is extremely important that we have 

11   parents who are breast-feeding able to do that 

12   without interruption, and jury duty is not 

13   something that they cannot wait to do.  

14                So thank you.  I thank my colleagues 

15   for voting yes on this legislation.  And on 

16   behalf of mothers who are breast-feeding 

17   throughout our state, they appreciate and would 

18   like to say thank you for being reasonable and 

19   rational as it relates to breast-feeding moms.

20                Thank you.  I vote aye, 

21   Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Montgomery will be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 61.


                                                               1184

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                There's a substitution at the desk.  

 4   The Secretary will read.

 5                THE SECRETARY:   On page 13, Senator 

 6   Biaggi moves to discharge, from the Committee on 

 7   Women's Issues, Assembly Bill Number 290 and 

 8   substitute it for the identical Senate Bill 3125, 

 9   Third Reading Calendar 138.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.

12                The Secretary will read.  

13                THE SECRETARY:   Calendar Number 

14   138, by Member of the Assembly Rosenthal, 

15   Assembly Bill 290, an act to amend the Public 

16   Health Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect July 1, 2019.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               1185

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Mr. President, 

 6   that was Senator Biaggi's first bill to pass the 

 7   Senate.  

 8                Congratulations.

 9                (Standing ovation.)

10                THE SECRETARY:   Calendar Number 

11   142, substituted earlier by Member of the 

12   Assembly Simotas, Assembly Bill 1044, an act to 

13   amend the Domestic Relations Law and the Civil 

14   Rights Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1186

 1   bill is passed.

 2                Senator Gianaris, that completes the 

 3   noncontroversial reading of today's calendar.

 4                SENATOR GIANARIS:   Mr. President, 

 5   can we now take up the reading of the 

 6   controversial calendar.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Secretary will ring the bell.  

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 99, 

11   Senate Print 508A, by Senator Myrie, an act to 

12   amend the Election Law.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Griffo, why do you rise?

15                SENATOR GRIFFO:   Mr. President, I 

16   believe that there's an amendment at the desk.  I 

17   waive the reading of that amendment and ask that 

18   Senator Young be recognized and heard on the 

19   amendment.

20                ACTING PRESIDENT BENJAMIN:   Thank 

21   you, Senator Griffo.

22                Upon review of the amendment, in 

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

24   nongermane and out of order at this time.

25                SENATOR GRIFFO:   Wow, he's a quick 


                                                               1187

 1   reader, you know that?  

 2                (Laughter.)

 3                SENATOR GRIFFO:   Accordingly, 

 4   Mr. President, I would appeal the ruling of the 

 5   chair and ask that Senator Young be recognized 

 6   and be heard for an explanation.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   appeal has been made and recognized, and Senator 

 9   Young may be heard.

10                SENATOR YOUNG:   Thank you, 

11   Mr. President.

12                This amendment is germane because 

13   it, along with the bill-in-chief, deals with the 

14   implementation of early voting.  When the Senate 

15   Majority passed legislation that implemented 

16   early voting, they stated they were confident the 

17   Executive would include funding in the budget --  

18   as we all know, that did not happen.  

19                The argument that savings from 

20   consolidating the primaries will cover the costs 

21   of early voting simply is not true.  Even if the 

22   most liberal estimates of cost savings from the 

23   primary end up being true, it still would not 

24   cover the cost of implementing early voting in 

25   counties, which is estimated to be between half a 


                                                               1188

 1   million dollars and a million dollars per county 

 2   annually.  That estimate was given before 

 3   electronic poll books were taken into account, 

 4   which will only drive up the cost by $10 million 

 5   to $15 million.  

 6                Instead of moving forward with this 

 7   legislation that would help counties pay for the 

 8   costs of early voting, the Senate Majority now 

 9   is doubling down on burdening counties with 

10   additional cost through this bill.  

11                This amendment, which would 

12   establish an early voting fund, would provide 

13   relief to counties.  And this is relief that they 

14   desperately need, especially smaller counties 

15   that already are under fiscal stress.

16                So through you, Mr. President, 

17   hopefully the members will reconsider.

18                ACTING PRESIDENT BENJAMIN:   Thank 

19   you, Senator.  

20                I want to remind the house that the 

21   vote is on the procedures of the house and the 

22   ruling of the chair.

23                Those in favor of overruling the 

24   chair signify by saying aye.

25                (Response of "Aye.")


                                                               1189

 1                SENATOR GRIFFO:   A show of hands, 

 2   please.

 3                ACTING PRESIDENT BENJAMIN:   A show 

 4   of hands has been requested and so ordered.  

 5                (Show of hands.)  

 6                ACTING PRESIDENT BENJAMIN:

 7                THE SECRETARY:   Ayes, 22.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   ruling of the chair stands, and the bill-in-chief 

10   is before the house.

11                Senator Griffo.

12                SENATOR GRIFFO:   I ask that Senator 

13   Young be recognized.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Young.

16                SENATOR YOUNG:   Yes, I'd like to 

17   ask Senator Myrie if he would yield to some 

18   questions.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Myrie, do you yield?

21                SENATOR MYRIE:   Yes, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR YOUNG:   Thank you, Senator 

25   Myrie.  Through you, Mr. President.  


                                                               1190

 1                Politicians on the federal level 

 2   have been outspoken about potential election 

 3   hacking.  So the question is, will this 

 4   legislation make it easier for someone to hack 

 5   into our election database?

 6                SENATOR MYRIE:   Mr. President, last 

 7   month this body began the journey of bringing 

 8   New York from worst to first.  Today is a step 

 9   ahead in that journey.  As it pertains to 

10   electronic poll books, here again the State of 

11   New York is behind the rest of the country.  

12   Thirty-four states plus the District of Columbia 

13   authorize the use of electronic poll books, and 

14   today it is my hope that I'll be joined by my 

15   colleagues in making New York the 35th state to 

16   do so.

17                Electronic poll books also happen to 

18   be a bipartisan affair.  My esteemed colleague 

19   Fred Akshar carried this bill last session, and 

20   it was on the recommendation of Republican and 

21   Democratic election commissioners that we move 

22   forward with authorizing poll books.

23                Modernizing our elections is also a 

24   no-brainer.  Over the past 50 years we've 

25   witnessed quantum leaps in technology, and we've 


                                                               1191

 1   used that technology to improve almost every area 

 2   of our lives.  For example, in 1954 we invented 

 3   the microwave, and we changed the way that we 

 4   cook and eat.  In 1958 we invented the jet 

 5   airliner and changed the way that we travel 

 6   around the world.  In 1973 we invented the MRI 

 7   and changed the way that we diagnose illnesses.  

 8   And in the palm of everyone's hands we've changed 

 9   the way that we communicate, research, bank, and 

10   for those keeping track at home, even the way we 

11   watch exciting government proceedings with the 

12   advent of the smartphone in 2007.  

13                But when it comes to the right that 

14   protects all other rights, in many ways we are 

15   stuck in the past.  So today we say to voters, 

16   welcome to the 21st century.  This law would 

17   permit -- not mandate, but permit local Boards of 

18   Elections to replace paper books with 

19   computer-generated registration lists.  This 

20   would allow poll workers to search voter names 

21   electronically, record the instances in which you 

22   vote electronically as well.  

23                And this will make the 

24   administration of our elections quicker, more 

25   efficient, and more secure.  This bill requires 


                                                               1192

 1   the State Board of Elections to approve any 

 2   electronic equipment that would be used for this 

 3   process.  It also requires the State Board of 

 4   Elections to promulgate security protocols to 

 5   protect the data.  It also requires the State 

 6   Board of Elections to ensure that the local 

 7   Boards of Elections that choose to utilize 

 8   electronic poll books have backups in the case of 

 9   failure.

10                And while I lament the fact that 

11   New York is yet again behind the rest of the 

12   country, the benefit of being behind is that we 

13   have the ability to adopt best practices from 

14   around the country.  So I have confidence that 

15   when we pass this bill today the local Boards of 

16   Elections that choose to opt in will have 

17   sufficient time to purchase the equipment and 

18   train their workers in time for the elections 

19   this fall.  

20                I hope that my colleagues will join 

21   me today in voting for this bill.  And as we 

22   continue to modernize our democracy in New York, 

23   I hope we send the message to voters that we need 

24   better elections and we need them now.

25                SENATOR YOUNG:   Thank you, Senator 


                                                               1193

 1   Myrie.  Thank you for that comprehensive 

 2   explanation of the bill.

 3                However, I did want to ask again, 

 4   because I don't think we got to it --

 5                ACTING PRESIDENT BENJAMIN:   

 6   Senator -- Senator --

 7                SENATOR YOUNG:   -- if Senator Myrie 

 8   will yield --

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Young, are you asking --

11                SENATOR YOUNG:   If Senator Myrie 

12   will yield.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?  

15                SENATOR MYRIE:   Yes, Mr. President.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR YOUNG:   Doesn't moving to a 

19   more centralized and electronic format raise 

20   concerns of hacking?  

21                SENATOR MYRIE:   This bill, 

22   Mr. President, through you, requires the State 

23   Board of Elections to adopt minimum security 

24   protocols in order to protect the data.

25                SENATOR YOUNG:   Through you, 


                                                               1194

 1   Mr. President, would the sponsor continue to 

 2   yield?  

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?  

 5                SENATOR MYRIE:   Yes, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   sponsor yields.

 8                SENATOR YOUNG:   Did Senator Myrie 

 9   consult with cybersecurity experts when drafting 

10   this legislation?  

11                SENATOR MYRIE:   Through you, 

12   Mr. President.  As previously mentioned, the 

13   State Board of Elections is required to 

14   promulgate the security protocols.  In fact the 

15   State Board of Elections was the recipient of 

16   federal money in order to institute cybersecurity 

17   protocols.  It is our understanding that they 

18   will use some of this money to promulgate 

19   appropriate cybersecurity protocols to protect 

20   the data.

21                SENATOR YOUNG:   Will the sponsor 

22   continue to yield?  

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?  

25                SENATOR MYRIE:   Yes, Mr. President.


                                                               1195

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR YOUNG:   Senator Myrie, 

 4   many people's signatures change when signing 

 5   something electronically.  I think we all know 

 6   that.  Will this make it more difficult to detect 

 7   abnormalities in signatures?

 8                SENATOR MYRIE:   Mr. President, 

 9   through you.  It is the presumption that when a 

10   voter goes to vote and they sign, whether that be 

11   electronically or manually, that that voter is in 

12   fact who they say they were.  That is the current 

13   state of the law.  We do not anticipate that 

14   changing electronic signatures will have an 

15   adverse effect on that.

16                SENATOR YOUNG:   Thank you, 

17   Mr. President.  But through you, again, if the 

18   sponsor will yield.

19                ACTING PRESIDENT BENJAMIN:   Will 

20   the sponsor yield?  

21                SENATOR MYRIE:   Yes, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR YOUNG:   So just as 

25   follow-up, though, oftentimes when you sign 


                                                               1196

 1   electronically, as I said, it is almost, you 

 2   know, impossible to compare it to an actual 

 3   written signature on a piece of paper.

 4                So how can you verify through this 

 5   that somebody signing -- I know you're saying 

 6   there's a presumption that somebody who is 

 7   signing is saying who they are.  But, you know, 

 8   from my perspective one of the most sacred rights 

 9   that we have as Americans is to vote.  And any 

10   time someone votes illegally, it takes away my 

11   vote and other people's votes because all of a 

12   sudden they don't count anymore.

13                So how can you verify it if it's an 

14   electronic signature?

15                SENATOR MYRIE:   Through you, 

16   Mr. President, there is no signature verification 

17   process even in our current -- well, when you 

18   sign, that is the verification.

19                SENATOR YOUNG:   Through you, 

20   Mr. President.  And, you know, again --

21                ACTING PRESIDENT BENJAMIN:   Are you 

22   asking the sponsor to yield?  

23                SENATOR YOUNG:   Yes.

24                ACTING PRESIDENT BENJAMIN:   Will 

25   the sponsor yield?  


                                                               1197

 1                SENATOR MYRIE:   Yes, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR YOUNG:   So when we go in to 

 5   vote, we sign a book.  And it's right next to the 

 6   signature from the time before and the time 

 7   before and the time before.  So it's very easy 

 8   for the inspectors to verify that signature 

 9   because you have something on a piece of paper 

10   that you can compare it to.

11                So I'd like to continue to ask 

12   questions.

13                My understanding is that these 

14   electronic poll books are now necessary because 

15   of the early voting legislation passed earlier 

16   this session.  Is that correct?  

17                SENATOR MYRIE:   Mr. President, the 

18   bill gives the local Boards of Elections the 

19   option to adopt electronic poll books.

20                SENATOR YOUNG:   So through you, 

21   Mr. President, if the sponsor will yield.

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?  

24                SENATOR MYRIE:   Yes, Mr. President.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1198

 1   sponsor yields.

 2                SENATOR YOUNG:   Thank you, 

 3   Mr. President.  Thank you, Senator Myrie.

 4                So how will local county boards be 

 5   able to manually transfer voting information from 

 6   the poll books used for early voting to the 

 7   general election poll books when the turnaround 

 8   time is about 36 hours?  It would be from Sunday 

 9   evening to Tuesday morning.  How are they going 

10   to be able to feasibly do that?

11                SENATOR MYRIE:   Through you, 

12   Mr. President, the data already exists 

13   electronically.  And so the transfer is not from 

14   paper to any electronic device.  The actual data 

15   already exist.  What we have now is a system in 

16   which we spend money to print the books instead 

17   of just having it on an electronic device.

18                SENATOR YOUNG:   Through you, 

19   Mr. President, will the sponsor continue to 

20   yield?  

21                ACTING PRESIDENT BENJAMIN:   Does 

22   the sponsor yield?  

23                SENATOR MYRIE:   Yes, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.


                                                               1199

 1                SENATOR YOUNG:   So that's not what 

 2   my Boards of Elections are telling me, but let's 

 3   move on.  

 4                What's the estimated cost of this 

 5   legislation?  

 6                SENATOR MYRIE:   Mr. President, 

 7   through you.  It is difficult to ascertain the 

 8   exact cost because this is a permissive bill and 

 9   not a mandatory bill.  

10                But in the instance that every 

11   single local Board of Elections in the State of 

12   New York opted to use electronic poll books, 

13   there are varying estimates this would cost 

14   perhaps between $50 million and $60 million.

15                SENATOR YOUNG:   Through you, 

16   Mr. President, will the sponsor continue to 

17   yield.

18                ACTING PRESIDENT BENJAMIN:   Does 

19   the sponsor yield?

20                SENATOR MYRIE:   Yes, Mr. President.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.

23                SENATOR YOUNG:   And so as was 

24   pointed out earlier, there's going to be an 

25   additional cost of implementing early voting, and 


                                                               1200

 1   now the costs of this legislation are doubled 

 2   down and piled on top of that.  

 3                Is there a funding source in this 

 4   bill to pay for these costs?  

 5                SENATOR MYRIE:   Through you, 

 6   Mr. President.  Again, because this bill is 

 7   permissive and not mandatory, there cannot be a 

 8   cost associated in the bill because we are 

 9   unaware at this time how many local Boards of 

10   Elections will choose to implement.

11                SENATOR YOUNG:   Through you, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   Yield 

14   or -- 

15                SENATOR YOUNG:   Yeah.

16                ACTING PRESIDENT BENJAMIN:   -- on 

17   the bill?  Oh.

18                Will the sponsor yield?  

19                SENATOR MYRIE:   Yes, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR YOUNG:   So you're saying 

23   that this is permissive and that some people may 

24   opt not to choose to do this.  But again, it's 

25   tied to the early voting.  


                                                               1201

 1                So we had a discussion earlier this 

 2   year about early voting and the cost to the 

 3   counties.  Is there any plan by the Majority to 

 4   try to insert funding in the budget to cover 

 5   these costs and the early voting costs?  Which, 

 6   as was pointed out, is going to cost the counties 

 7   anywhere from half a million to a million dollars 

 8   annually, which is a huge unfunded mandate, 

 9   especially on the smaller rural counties.

10                SENATOR MYRIE:   Through you, 

11   Mr. President.  The Majority will be working very 

12   hard to ensure that the plans that we have 

13   implemented for the administration of our 

14   elections are funded.  We want to support our 

15   local Boards of Elections, and we will continue 

16   to do so throughout this budget process.

17                SENATOR YOUNG:   Thank you, 

18   Mr. President.  

19                Thank you, Senator Myrie.

20                ACTING PRESIDENT BENJAMIN:   Are 

21   there any other Senators wishing to be heard?  

22                Seeing and hearing none, the debate 

23   is closed.  The Secretary will ring the bell.

24                (Pause.)

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1202

 1   the last section.

 2                THE SECRETARY:   Section 15.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   May to explain her vote.  

 9                SENATOR MAY:   Thank you, 

10   Mr. President.

11                This bill is another step in moving 

12   our elections landscape into the 21st century and 

13   making it worthy of the great State of New York.  

14   I applaud my colleague Senator Myrie for bringing 

15   this forward.  

16                And I just want to say we hear a lot 

17   of objections on the basis of voter fraud, which 

18   is something that really doesn't happen 

19   much.  And it certainly is not a reason for us to 

20   make our Election Laws more restrictive.  It's 

21   high time that we employed the technology that we 

22   have to really show that we care about elections 

23   being broadly available for participation by all 

24   citizens.  

25                And I am proud to vote aye on this 


                                                               1203

 1   bill.  Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   May to be recorded in the affirmative.

 4                Senator Krueger to explain her vote.

 5                SENATOR KRUEGER:   Thank you, 

 6   Mr. President.

 7                I also proudly stand to say aye to 

 8   this bill and to say to be honest, I'm fairly 

 9   amused about the debate.  We're talking about 

10   doing something that I believe 36 or 38 states 

11   already do.  There's been endless research about 

12   voter fraud or the lack thereof.  And this isn't 

13   even about registering, where in theory you might 

14   worry about voter fraud, although I personally 

15   don't -- it's simply about having the information 

16   available when you go somewhere to vote to make 

17   sure the information is there, accessible, can 

18   speed up the process by which people can vote.  

19                And I just don't even understand why 

20   there would be a debate at all, but we've had one 

21   and I'm glad we did.  And I can't imagine anyone 

22   will vote no, Mr. President.  This is such an 

23   obvious bill to support.

24                Thank you.  I vote aye.

25                ACTING PRESIDENT BENJAMIN:    


                                                               1204

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 99, those recorded in the negative are 

 4   Senators Antonacci, Flanagan, Funke, Gallivan, 

 5   Griffo, Helming, Jacobs, Jordan, Lanza, O'Mara, 

 6   Ortt, Ritchie, Robach, Serino, Seward, Tedisco 

 7   and Young.

 8                Ayes, 45.  Nays, 17.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                Senator Gianaris, that completes the 

12   controversial reading of the calendar.

13                SENATOR GIANARIS:   Thank you, 

14   Mr. President.

15                Can we now go back to motions and 

16   resolutions, take up Resolution 503, by Senator 

17   Harckham, and move for its adoption.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Secretary will read.

20                THE SECRETARY:   Senate Resolution 

21   503, by Senator Harckham, mourning the death of 

22   Donald Moffat, legendary actor, distinguished 

23   citizen and gifted artist.

24                ACTING PRESIDENT BENJAMIN:   The 

25   question is on the resolution.  All in favor 


                                                               1205

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:    

 4   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution is adopted.

 8                Senator Gianaris.  

 9                SENATOR GIANARIS:   That resolution 

10   is open for cosponsorship.

11                ACTING PRESIDENT BENJAMIN:   The 

12   resolution is open for cosponsorship.  Should you 

13   choose not to be a cosponsor of the resolution, 

14   please notify the desk.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Can we now go to 

17   Senate Resolution 532, by Senator Mayer, read its 

18   title only, and call on Senator Mayer.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   532, by Senator Mayer, mourning the death of 

23   Dr. Doris L. Wethers, visionary physician, 

24   tireless advocate, and devoted member of her 

25   community.


                                                               1206

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Mayer on the resolution.

 3                SENATOR MAYER:   Thank you, 

 4   Mr. President.

 5                I rise to honor an extraordinary 

 6   doctor, Dr. Doris L. Wethers, who was one of the 

 7   leaders in the fight against sickle cell, who 

 8   died at the age of 91 in late January.

 9                Dr. Wethers became the first black 

10   chief of a medical department at a New York City 

11   voluntary hospital when she was named director of 

12   pediatrics at Knickerbocker Hospital in 

13   West Harlem, after she had been the third black 

14   woman to graduate in 1952 from the Yale School of 

15   Medicine.

16                She was later director of pediatrics 

17   from 1969 to 1974 at Sydenham Hospital, which 

18   closed in 1980, and then until 1979 at St. Luke's 

19   Hospital Center, now Mount Sinai St. Luke's.  She 

20   became St. Luke's first black attending physician 

21   in 1958.  

22                She opened sickle cell anemia 

23   programs at all of these hospitals, conducted 

24   research, and helped draft landmark legislation 

25   to require screening of infants for the disorder.


                                                               1207

 1                I had the incredible privilege, as 

 2   the vice president of government and community 

 3   affairs at St. Luke's-Roosevelt Hospital, to work 

 4   directly with her in her efforts to ensure that 

 5   patients and families with sickle cell disease 

 6   receive first-class treatment and attention to 

 7   their ailments.  

 8                She was extraordinary in that while 

 9   many people did not want to speak about sickle 

10   cell, and yet parents of children with sickle 

11   cell were really struggling, Dr. Wethers was a 

12   voice of compassion, of brilliance, of research 

13   and of leadership on the issue of sickle cell.  I 

14   feel very honored that I got to work with her and 

15   that she made a lasting difference in the lives 

16   of so many families, particularly those with 

17   children with sickle cell, in providing guidance 

18   on how they could live their life with this 

19   disease.

20                She really made a remarkable 

21   difference in the lives of patients and families 

22   and certainly of the community in which sickle 

23   cell was so predominant, in uptown Manhattan, 

24   which was part of the focus of the 

25   St. Luke's-Roosevelt experience.


                                                               1208

 1                So I rise to honor her memory and 

 2   ensure that we don't forget someone like 

 3   Dr. Doris Wethers, who made a lasting difference 

 4   in our movement towards attention to sickle cell.  

 5   And I am hopeful that this year this Legislature 

 6   and this government finally begins to devote the 

 7   resources to this disease that is long overdue.

 8                Thank you, Mr. President, and I 

 9   honor her memory today.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Sanders on the resolution.

12                SENATOR SANDERS:   Thank you, 

13   Mr. President.

14                 I want to commend my colleague for 

15   honoring one who has brought great honor to us 

16   all, Dr. Doris Wethers.  Her pioneering work on 

17   the issue of sickle cell, her lifelong commitment 

18   to ensure that this dread disease is finally 

19   tackled and defeated need to be commended and we 

20   need to mention this often.

21                I know many people with the 

22   disease -- as a matter of fact, I have the trait 

23   of the disease.  Thank God for that, it's not as 

24   critical as the disease itself.  So it's very 

25   personal to me.


                                                               1209

 1                I am honored to carry a bill that 

 2   provides for a minuscule amount of money to do 

 3   more research on this.  I urge my colleagues, as 

 4   we really want to honor this great woman, that we 

 5   should put some money in where our mouths are, of 

 6   course, and ensure that we crush this dread 

 7   disease and allow her to sleep in peace, to have 

 8   the rest that she rightly deserves, having 

 9   tackled this disease all of her life.

10                Thank you very much for it.  Thank 

11   you very much, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Comrie on the resolution.

14                SENATOR COMRIE:   Thank you.  

15                I rise to support this resolution 

16   for Dr. Wethers and to highlight the issues on 

17   sickle cell.  I just want to acknowledge Gloria 

18   Rochester in southeast Queens, who has been a 

19   devotee of Dr. Wethers and informed me of her 

20   passing.  I did not know of Senator Mayer's 

21   connection to her, and I want to thank her for 

22   bringing this resolution.

23                Dr. Wethers truly was a pioneer.  

24   And there are so many things about sickle cell  

25   that are still unknown that people are trying to 


                                                               1210

 1   ensure -- there are not enough sickle cell 

 2   specialists in hospitals around the country.  A 

 3   lot of people still don't know how to check for 

 4   it.  And it's important thing that we try to get 

 5   out to people all over the country and especially 

 6   in our hospital networks.  So I would hope that 

 7   we support Senator Sanders' bill.  

 8                The Sickle Cell Advisory Network is 

 9   a group in my area that has been working hard 

10   with all of the hospitals to try to train people 

11   so that they can understand sickle cell.  And 

12   there's a black health screening, a citywide 

13   program that's being held on March 2nd, the third 

14   Black Health Matters Summit.  It's going to be 

15   held at Columbia University.  

16                But I would advise all people during 

17   the month of March, which is the month that is 

18   dealing with women's health, to do a sickle cell 

19   program in your district to inform your 

20   communities about the problems with sickle cell 

21   and the fact that a lot of people are going to 

22   the hospital repeatedly for ailments, not knowing 

23   that the sickle cell trait is the primary issue 

24   behind their illness.

25                Thank you, Mr. President.


                                                               1211

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   question is on the resolution.  All in favor 

 3   signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT BENJAMIN:    

 6   Opposed?  

 7                (No response.)

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   resolution is adopted.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Mr. President, 

12   please open that resolution for cosponsorship.

13                ACTING PRESIDENT BENJAMIN:   The 

14   resolution is open for cosponsorship.  Should you 

15   choose not to be a cosponsor of the resolution, 

16   please notify the desk.

17                SENATOR GIANARIS:   Is there any 

18   further business at the desk?

19                ACTING PRESIDENT BENJAMIN:   There 

20   is no further business at the desk.  

21                SENATOR GIANARIS:   That being the 

22   case, I move we adjourn until tomorrow, Thursday, 

23   February 28th, at 11:00 a.m.

24                ACTING PRESIDENT BENJAMIN:   On 

25   motion, the Senate stands adjourned until 


                                                               1212

 1   Thursday, February 28th, at 11:00 a.m.

 2                (Whereupon, at 4:35 p.m., the Senate 

 3   adjourned.)

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