Regular Session - March 5, 2019

                                                                   1323

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 5, 2019

11                      3:34 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1324

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

 2                ACTING PRESIDENT MAYER:   The Senate 

 3   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 MAYER:   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 MAYER:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   March 4, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, March 3, 

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

19   adjourned.

20                ACTING PRESIDENT MAYER:   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 13, 


                                                               1325

 1   Senator Myrie moves to discharge, from the 

 2   Committee on Elections, Assembly Bill 111 and 

 3   substitute it for the identical Senate Bill 3140, 

 4   Third Reading Calendar 163.

 5                ACTING PRESIDENT MAYER:    

 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:   Thank you, 

15   Madam President.  

16                On behalf of Senator Comrie, on 

17   page 12 I offer the following amendments to 

18   Calendar 149, Senate Print 1870A, and ask that 

19   said bill retain its place on Third Reading 

20   Calendar.

21                ACTING PRESIDENT MAYER:   The 

22   amendments are received, and the bill shall 

23   retain its place on the Third Reading Calendar.

24                Senator Gianaris.  

25                SENATOR GIANARIS:   Madam President, 


                                                               1326

 1   I now move to adopt the Resolution Calendar, with 

 2   the exception of Resolution 595.

 3                ACTING PRESIDENT MAYER:   All in 

 4   favor of adopting the Resolution Calendar, with 

 5   the exception of Resolution 595, please signify 

 6   by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT MAYER:   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT MAYER:   The 

11   Resolution Calendar is adopted.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Madam President, 

14   can we now please take up Senate Resolution 595, 

15   by Leader Stewart-Cousins, read the resolution in 

16   its entirety, and call on Senator Stavisky to be 

17   heard.

18                ACTING PRESIDENT MAYER:   The 

19   Secretary will read.

20                THE SECRETARY:   Senate Resolution 

21   Number 595, by Senator Stewart-Cousins, 

22   memorializing Governor Andrew M. Cuomo to 

23   proclaim March 2019 as Women's History Month in 

24   the State of New York.

25                "WHEREAS, March is Women's History 


                                                               1327

 1   Month; and 

 2                "WHEREAS, March 8th is International 

 3   Women's Day; and 

 4                "WHEREAS, Each year New York State 

 5   officially sets aside time to recognize the 

 6   unique contributions that New York women have 

 7   made to New York State and beyond; and 

 8                "WHEREAS, New York State has a 

 9   distinguished history of monumental achievements 

10   in the area of women's rights; and 

11                "WHEREAS, In 1826, New York State 

12   opened one of the first public high schools for 

13   girls resulting in a future for women in which 

14   they were no longer confined to the home, a 

15   future in which they were educated and able to 

16   use this education to better their social and  

17   economic status; and 

18                "WHEREAS, In 1848 in New York, the 

19   first women's rights convention was held at 

20   Seneca Falls to secure for all women the right to 

21   vote; and 

22                "WHEREAS, In 1903, the Women's Trade 

23   Union League of New York was formed to represent  

24   working women, later becoming the nucleus for the 

25   International Ladies' Garment Workers' Union; and 


                                                               1328

 1                "WHEREAS, In 1917, New York 

 2   guaranteed women the right to vote in all 

 3   elections and in the following year the first two 

 4   women, Ida Sammis and Mary Lilly, were elected to 

 5   the New York State Legislature and became the 

 6   first women to then serve in 1919; and   

 7                "WHEREAS, In 1955, Bessie Buchanan  

 8   was the first African-American woman to serve in 

 9   the New York State Legislature; and 

10                "WHEREAS, In 1967, Muriel Siebert 

11   became the first woman to own a seat on the 

12   New York Stock Exchange, opening the door for 

13   women to gain positions of greater economic 

14   power; and 

15                "WHEREAS, In 1968, New York State 

16   Assemblywoman Shirley Chisholm became the first 

17   black woman elected to Congress and in 1972, she  

18   ran for President of the United States, another 

19   first for black women; and 

20                "WHEREAS, In 1970, New York City was 

21   the site of the first Women's Strike for 

22   Equality, in which 50,000 people marched for 

23   equal rights; and 

24                "WHEREAS, In 1978, Olga Mendez 

25   became the first Latina woman to serve in the 


                                                               1329

 1   New York State Legislature; and 

 2                "WHEREAS, In 1983, New York State 

 3   women legislators established the Legislative  

 4   Women's Caucus to improve the participation of 

 5   women in all areas of government, support issues 

 6   that benefit women and provide a network of 

 7   support for women in the State Legislature; and 

 8                "WHEREAS, In 2007, Ellen Young was 

 9   the first Asian-American woman to serve in the 

10   New York State Legislature; and 

11                "WHEREAS, In 2009, New Yorker Sonia 

12   Sotomayor became the first Hispanic Justice 

13   appointed to the United States Supreme Court; and 

14                "WHEREAS, In 2015, New Yorker 

15   Loretta Elizabeth Lynch was appointed as  

16   Attorney General of the United States, becoming 

17   the first African-American woman to serve in this 

18   esteemed position; and 

19                "WHEREAS, New York has been the home 

20   of many extraordinary women who have led society 

21   to a better future:  Elizabeth Cady Stanton and 

22   Susan B. Anthony led the campaign for women's 

23   suffrage; Sojourner Truth spoke out for the 

24   abolition of slavery and for suffrage for all 

25   women; and 


                                                               1330

 1                "WHEREAS, Carrie Chapman Catt became 

 2   the first president of the League of Women 

 3   Voters; Emma Willard opened the first endowed 

 4   institution for the education of women; Civil War 

 5   surgeon Dr. Mary E. Walker was the only woman 

 6   ever awarded the Congressional Medal of Honor; 

 7   Harriet Tubman was an abolitionist who led slaves 

 8   to freedom by way of the Underground Railroad in 

 9   the 19th century; and 

10                "WHEREAS, Elizabeth Blackwell and 

11   Belva Lockwood were the first women in the fields 

12   of medicine and law; pioneer birth control 

13   educator and advocate Margaret Sanger established 

14   a research center in New York City; and 

15                "WHEREAS, Emma Goldman founded the 

16   Free Speech League, which led to the American 

17   Civil Liberties Union; humanitarian Eleanor 

18   Roosevelt served as United States delegate to the 

19   United Nations; and 

20                "WHEREAS, New Yorker Edith Windsor 

21   fought to expand marriage equality in the 

22   United States prior to the Marriage Equality Act 

23   of New York, which became law in 2011; and 

24                "WHEREAS, Civil rights lawyer and 

25   New York State Senator Constance Baker Motley 


                                                               1331

 1   became the first black woman to sit on the U.S. 

 2   District Court in New York, and there have been 

 3   so many more known and unknown women who 

 4   championed rights and opportunity for all; and 

 5                "WHEREAS, New York State has hosted 

 6   many conventions, campaigns and events of the 

 7   Women's Rights Movement, from the 1848 convention 

 8   at Seneca Falls to the 1999 Berkshire Conference 

 9   of Women Historians, which was held to improve 

10   the status of women in history and in the 

11   historical professions; and 

12                "WHEREAS, 50 percent of statewide 

13   elected officials are women, and for the first  

14   time women are serving as Attorney General in the 

15   State of New York; and 

16                "WHEREAS, 2019 marks the 100th 

17   anniversary of women serving in the New York 

18   State Legislature; and 

19                "WHEREAS, Today, 70 women serve in 

20   the New York State Legislature, making up 33 

21   percent of the seats, holding leadership 

22   positions in both houses and bringing the diverse 

23   experiences of women into law and public policy, 

24   the largest class of women in the history of 

25   New York; now, therefore, be it 


                                                               1332

 1                "RESOLVED, That this Legislative 

 2   Body pause in its deliberations to memorialize 

 3   Governor Andrew M. Cuomo to proclaim March 2019, 

 4   as Women's History Month in the State of 

 5   New York; and be it further 

 6                "RESOLVED, That copies of this 

 7   resolution, suitably engrossed, be transmitted to 

 8   the Honorable Andrew M. Cuomo, Governor of the  

 9   State of New York, and the Legislative Women's 

10   Caucus of New York State."

11                ACTING PRESIDENT MAYER:   Senator 

12   Stavisky on the resolution.

13                SENATOR STAVISKY:   Thank you.

14                And I particularly thank you, 

15   Madam President, for presiding today.  I think 

16   it's appropriate that we have one of our women 

17   presiding over the Senate, as has occurred in the 

18   past.

19                We've heard a lot of important 

20   dates, a lot of important events that have 

21   transpired, and to that we pay homage to our 

22   foremothers -- our foreparents.  There are some 

23   other dates I think that are important, but one 

24   that was mentioned here was the founding of what 

25   was then called the Troy Female Seminary by 


                                                               1333

 1   Emma Willard, right across the river in Troy.

 2                And Emma Willard said women are the 

 3   companions, not the satellites of men, and that 

 4   was said in 1819.  Now, if she recognized it in 

 5   1819, 200 years ago, then I think society is 

 6   finally recognizing this as well.

 7                But there are some other dates.  You 

 8   mentioned the Seneca Falls Convention of 1848.  

 9   The fact that in 1917, women were permitted to 

10   vote in New York State -- and it took another 

11   three years until we passed the 19th Amendment 

12   allowing women to vote throughout the country.

13                And two years later, two women are 

14   elected to the New York State Assembly, one a 

15   Democrat from New York and the other a Republican 

16   from Suffolk County.  But it wasn't until 1934 

17   that Rhoda Fox Graves became the first Senator to 

18   serve in the New York State Senate, and she was 

19   from St. Lawrence County.

20                But to me, the most significant date 

21   was in 2018, with the election of the first woman 

22   Majority Leader in the New York State Senate:  

23   Andrea Stewart-Cousins.  That, to me, signifies 

24   that people can serve the state regardless of 

25   gender, regardless of ethnicity, of race, of 


                                                               1334

 1   religion, whatever.  People choose to support 

 2   someone because of the quality of their work, not 

 3   what they look like.

 4                And so we celebrate Women's History 

 5   Month this month, but quite frankly we ought to 

 6   be celebrating Women's History Month every month.  

 7   And it's not until Women's History Month is no 

 8   longer necessary that we will have achieved full 

 9   equality in this state.

10                So Madam President -- and I love 

11   saying "Madam President" -- we're delighted to 

12   see you presiding over a chamber filled with more 

13   women than any other time in our history.  

14                Thank you, Madam President.

15                ACTING PRESIDENT MAYER:   Thank you, 

16   Senator Stavisky.

17                Senator Bailey on the resolution.

18                SENATOR BAILEY:   Thank you, 

19   Madam President.

20                I rise today in support, in strong 

21   support of this resolution.  And I would be 

22   remiss if I did not name our leader first and 

23   foremost in the phenomenal women category here in 

24   Women's History Month.  

25                Madam President, it's great to see 


                                                               1335

 1   you presiding today.

 2                I was very excited that we were in 

 3   the majority, not just to be able to do great 

 4   things, but because I'm in a permanent minority 

 5   in my house.  You see, the majority of my house 

 6   is women, my wife Giamara and my daughters Giada 

 7   and Carina, they make up a veto-proof block of 

 8   votes in my house.

 9                So women run my world.  And they do 

10   run the world, if you ask Beyoncé, because she 

11   said famously, Who runs the world?  Girls.  

12                And women are leaders, they're 

13   natural leaders.  Not just Leader 

14   Stewart-Cousins, a world-class leader in her own 

15   right, able to shepherd this conference into 

16   doing great things in the state, but my youngest 

17   daughter, Carina.  

18                Her name is Carina Veronica Maria 

19   Bailey, and we call her Carina.  But she's 

20   decided that she's going to call herself Rina.  

21   Everybody follows what Rina says.  I refer to her 

22   now as Rina.  If she has the ability to lead at 2 

23   years old, imagine the possibilities of what she 

24   can do when she's 22, 32 or 42.  Who knows if -- 

25   maybe she'll be the leader in this house one 


                                                               1336

 1   great day.

 2                I'd like to thank my grandmothers, 

 3   Lena and Flora, for inspiring me as nurses -- not 

 4   just taking care of patients, but taking care of 

 5   me.  My amazing mom, Elmertine, who always knew 

 6   better for me than I did.  And there isn't much 

 7   else I can say about a mother's love.  

 8                And speaking of a mother's love, 

 9   there's no better woman right now in my life than 

10   my wife Giamara, who is able to work a full-time 

11   job as an incredible attorney and go home and 

12   deal with two very energetic children after a 

13   long work day while I'm up here doing the 

14   people's business.  And I salute her and I love 

15   her every day for that, Madam President.

16                There's a -- I want to make sure I 

17   name my aunts, or else they'll get mad at me.  My 

18   Aunts Esther, Sherry, Barbara, Andrea, Eleanor 

19   and Michelle, thank you for everything that you 

20   do.  To my cousins -- I'm not going down that 

21   rabbit hole, Madam President, there's way too 

22   many of them, but I appreciate them all.

23                There was a hip-hop song a few years 

24   back called "You Make Me Better."  And there was 

25   a theme that women inevitably make the lives of 


                                                               1337

 1   the men around them much better.  And that's 

 2   certainly the case with me, Madam President.  

 3                There was a line that I'm going to 

 4   reference here that was very important.  And the 

 5   individual, he said:  "I'm going to need Coretta 

 6   Scott if I'm going to be king.  I'm a movement by 

 7   myself, but I'm a force when we're together."  

 8   And that is true of the women in my life.  

 9                And to my wife Giamara, once again, 

10   to conclude, I salute you.  Thank you for what 

11   you do.  

12                And thank you, Madam President.

13                ACTING PRESIDENT MAYER:   Thank you, 

14   Senator Bailey.

15                Senator May on the resolution.

16                SENATOR MAY:   Thank you, 

17   Madam President.  

18                Susan B. Anthony was mentioned, 

19   and Elizabeth Cady Stanton, but I'd like to talk 

20   about another woman who stands side by side with 

21   them:  Matilda Joslyn Gage, who was born in 

22   Cicero, New York, just north of Syracuse.  

23                She was one of the three mothers of 

24   the women's rights movement and the movement for 

25   women's suffrage, but she's often left out of the 


                                                               1338

 1   history books because she was a little too 

 2   radical for them and refused to compromise on a 

 3   lot of the different political issues that they 

 4   were willing to compromise on.  

 5                And so she is someone I admire 

 6   enormously.  She was not only an advocate for 

 7   women's rights, she was -- her house was a 

 8   station on the Underground Railroad.  She became 

 9   very close to a lot of Native American women.  

10   She recognized that the Haudenosaunee women in 

11   Central New York had an enormous amount of power 

12   within their own communities and the 

13   Haudenosaunee politics, and she took their 

14   example as something that other women should 

15   follow.  

16                She was also the mother-in-law of 

17   Frank Baum, who wrote the Oz books, and he 

18   modeled his strong female heroine on his 

19   mother-in-law.  

20                So she had a great impact on women's 

21   rights in the 19th century.  The Matilda Joslyn 

22   Gage Foundation now exists in my -- just near my 

23   district, to advance leadership skills in young 

24   women.  And they have taken young women across 

25   the world to learn about women's leadership.  


                                                               1339

 1                So I would like to add Matilda 

 2   Joslyn Gage to the illustrious names that were 

 3   mentioned in this resolution, and I support this 

 4   resolution wholeheartedly.  

 5                Thank you.

 6                ACTING PRESIDENT MAYER:   Thank you, 

 7   Senator May.

 8                The question is on the resolution. 

 9   All in favor signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT MAYER:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT MAYER:   The 

14   resolution is adopted.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Madam President, 

17   at the request of Leader Stewart-Cousins, that 

18   resolution is open for cosponsorship.

19                ACTING PRESIDENT MAYER:   The 

20   resolution is open for cosponsorship.  Should you 

21   choose not to be a cosponsor of the resolution, 

22   please notify the desk.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Madam President, 

25   just to inform my colleagues of the plan for the 


                                                               1340

 1   remainder of the day, we will be calling a 

 2   meeting of the Higher Education Committee and 

 3   then continue to dispatch the reading of the 

 4   calendar while that committee meeting is taking 

 5   place, after which the committee will produce a 

 6   resolution of Regents that we're going to take 

 7   up, as well as any controversial items off the 

 8   calendar.  

 9                So with that, can we please call an 

10   immediate meeting of the Higher Education 

11   Committee in Room 332 and then proceed to take up 

12   the reading of the calendar.

13                ACTING PRESIDENT MAYER:   There will 

14   be an immediate meeting of the Higher Education 

15   Committee in Room 332.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   160, Senate Print 2300A, by Senator Kavanagh, an 

19   act to amend the Election Law.

20                SENATOR GRIFFO:   Lay it aside.

21                ACTING PRESIDENT MAYER:   The bill 

22   will be laid aside.

23                THE SECRETARY:   Calendar Number 

24   161, Senate Print 2333, by Senator Kavanagh, an 

25   act to amend the Election Law.


                                                               1341

 1                ACTING PRESIDENT MAYER:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect January 12, 2020.

 5                ACTING PRESIDENT MAYER:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT MAYER:   Announce 

 9   the results.

10                THE SECRETARY:   In relation to 

11   Calendar 161, those Senators recorded in the 

12   negative are Senators Akshar, Funke, Gallivan, 

13   Helming, O'Mara, Ranzenhofer and Ritchie.

14                Ayes, 51.  Nays, 7.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   162, Senate Print 3134, by Senator Myrie, an act 

19   to amend the Election Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of January 

24   next succeeding the date on which it shall have 

25   become a law.


                                                               1342

 1                ACTING PRESIDENT MAYER:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MAYER:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 162, those Senators recorded in the 

 8   negative are Senators Akshar, Amedore, Griffo, 

 9   O'Mara and Ranzenhofer.

10                Ayes, 53.  Nays, 5.

11                ACTING PRESIDENT MAYER:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar 163, 

14   Assembly Bill Number 111, substituted earlier by 

15   Assemblymember Buchwald, an act to amend the 

16   Election Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 15th of December 

21   next succeeding the date on which it shall have 

22   become a law.

23                ACTING PRESIDENT MAYER:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1343

 1                ACTING PRESIDENT MAYER:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 163, those Senators recorded in the 

 5   negative are Senators Akshar, Amedore, Flanagan, 

 6   Lanza and O'Mara.

 7                Ayes, 53.  Nays, 5.

 8                ACTING PRESIDENT MAYER:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   164, Senate Print 3145, by Senator Myrie, an act 

12   to amend the Election Law.

13                ACTING PRESIDENT MAYER:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 15th of December 

17   next succeeding the date on which it shall have 

18   become a law.

19                ACTING PRESIDENT MAYER:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT MAYER:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 164, those Senators recorded in the 


                                                               1344

 1   negative are Senators Akshar and Amedore.  

 2                Ayes, 56.  Nays, 2.

 3                ACTING PRESIDENT MAYER:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   165, Senate Print 3167, by Senator Myrie, an act 

 7   to amend the Election Law.

 8                SENATOR GRIFFO:   Lay it aside.

 9                ACTING PRESIDENT MAYER:   Lay it 

10   aside.

11                THE SECRETARY:   Calendar Number 

12   166, Senate Print 3697, by Senator Gounardes, an 

13   act to amend the Election Law.

14                SENATOR GRIFFO:   Lay it aside.

15                SENATOR GIANARIS:   Lay it aside for 

16   the day, please.

17                ACTING PRESIDENT MAYER:   The bill 

18   will be laid aside for the day.

19                Senator Gianaris, that completes the 

20   reading of today's calendar.

21                SENATOR GIANARIS:   Madam President, 

22   I understand the Higher Education Committee is 

23   wrapping up its business.  Can we just stand at 

24   ease for a few minutes while they return.

25                ACTING PRESIDENT MAYER:   The Senate 


                                                               1345

 1   will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 3:34 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   3:59 p.m.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Senate will return to order.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Mr. President, 

10   if we can return to motions and resolutions, I 

11   believe there is a privileged resolution at the 

12   desk.

13                ACTING PRESIDENT BENJAMIN:   Motions 

14   and resolutions.  

15                There is a privileged resolution at 

16   the desk.

17                SENATOR GIANARIS:   Can we take up 

18   that resolution, read the title, and recognize 

19   Senator Stavisky on the resolution.

20                ACTING PRESIDENT BENJAMIN:   The 

21   Secretary will read.

22                THE SECRETARY:   Senator Mayer moves 

23   to take up privileged Assembly Concurrent 

24   Resolution Number 130, substitute it for the 

25   identical Senate Concurrent Resolution 569, and 


                                                               1346

 1   move for its immediate adoption.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Assembly Resolution 

 6   Number 130, by Assemblymember Benedetto, 

 7   Concurrent Resolution of the Senate and Assembly 

 8   providing for the election of four Regents of the 

 9   University of the State of New York.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Stavisky on the resolution.

12                SENATOR STAVISKY:   Thank you, 

13   Mr. President.

14                For the past 235 years, New York 

15   State has been electing Regents, going back to 

16   the days of the early Regents with Alexander 

17   Hamilton and John Jay.  And their service as 

18   Regents of the State of New York demonstrates the 

19   uniqueness of how education policy is made in 

20   New York State.  I don't think there's anywhere 

21   else in the country where the Regents are 

22   selected and they select the Commissioner of 

23   Education.  

24                In fact, we're doing this today in a 

25   concurrent resolution with the Assembly.  And I 


                                                               1347

 1   was asked at the committee meeting when was the 

 2   last time it was done, and the answer is 2010 we 

 3   had a concurrent resolution.

 4                And the education policy issues that 

 5   are so important are being put forth by four of 

 6   the Regents whom we selected -- they're 

 7   incumbents whom we selected just a few minutes 

 8   ago.  And so we thank them for their service, we 

 9   thank the Regents.  

10                And thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Mayer on the resolution.

13                SENATOR MAYER:   Thank you, 

14   Mr. President.  

15                It's my honor to speak in favor of 

16   this resolution to reappoint four distinguished 

17   members of the Board of Regents that I have had 

18   the opportunity to observe and in many cases work 

19   with them over the years that I served in the 

20   Assembly on the Education Committee:  Wade 

21   Norwood, Dr. James Cottrell, the Honorable 

22   Josephine Victoria Finn, and Dr. Christine D. 

23   Cea.  

24                All four of these individuals serve 

25   in a body that really matters to the students and 


                                                               1348

 1   parents of our state.  I think some people forget 

 2   that educational policy is made by the Board of 

 3   Regents in a thoughtful and deliberative way.  

 4   They try their very best to achieve consensus.  I 

 5   recommend that members actually attend their 

 6   meetings and hear the thoughtful conversations 

 7   they have about matters of educational policy, 

 8   governance, licensure, and the other issues that 

 9   are before the Board of Regents.

10                We're really very, very fortunate to 

11   have a group of volunteers who put their years of 

12   experience but, more important, their commitment 

13   to our students and our parents and the sense 

14   that New York deserves the highest-quality 

15   education for every student in this state.

16                And I'm very proud that we're 

17   putting forth this joint resolution with the 

18   Assembly.  I think it shows that we are prepared 

19   to move ahead and ensure that the Regents have 

20   the ability and our confidence to do their jobs 

21   independently.  Not to say that we won't 

22   disagree -- and I know we have and we will.  

23                But that being said, we are very 

24   fortunate to have a body of Regents that are 

25   committed to the people of this state to 


                                                               1349

 1   achieving the highest educational level.  After 

 2   all, we all agree that education is the best path 

 3   to the middle class and we wish that every child 

 4   and every adult has all the skills they need in 

 5   order to succeed.  

 6                So I'm very pleased to speak on 

 7   behalf of this resolution, and I encourage all my 

 8   colleagues to vote in the affirmative.

 9                Thank you.

10                ACTING PRESIDENT BENJAMIN:   The 

11   question is on the resolution. 

12                The Secretary will call the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Assembly Resolution 130, those Senators recorded 

18   in the negative are Senators Akshar, Amedore, 

19   Antonacci, Flanagan, Gallivan, Helming, Jacobs, 

20   Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, Serino 

21   and Tedisco.  Also Senator Boyle.  

22                Ayes, 45.  Nays, 15.

23                ACTING PRESIDENT BENJAMIN:   The 

24   resolution is adopted.

25                Senator Gianaris.


                                                               1350

 1                SENATOR GIANARIS:   Mr. President, 

 2   can we now proceed to take up the two bills that 

 3   were previously laid aside, starting with 

 4   Calendar 160, by Senator Kavanagh.

 5                ACTING PRESIDENT BENJAMIN:   We will 

 6   return to the controversial calendar.  

 7                The Secretary will ring the bell.  

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   160, Senate Print 2300A, by Senator Kavanagh, an 

11   act to amend the Election Law.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Griffo, why do you rise?

14                SENATOR GRIFFO:   Mr. President, I 

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

16   would waive the reading of that amendment and ask 

17   that Senator Akshar be recognized for an 

18   explanation.

19                ACTING PRESIDENT BENJAMIN:   Thank 

20   you, Senator Griffo.

21                Upon review of the amendment, in 

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

23   nongermane and out of order at this time.

24                SENATOR GRIFFO:   Accordingly, 

25   Mr. President, I would appeal that ruling and ask 


                                                               1351

 1   that Senator Akshar be recognized.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   appeal has been made and recognized, and 

 4   Senator Akshar may be heard.

 5                SENATOR AKSHAR:   Mr. President, 

 6   thank you very much for your indulgence.  I 

 7   appreciate it.  

 8                To say I'm shocked would be a lie, 

 9   but I am quite frankly a little confused as to 

10   why you've ruled that way.  I'm certainly not 

11   seeking, by way of this amendment, to change any 

12   of the language; I'm simply trying to find a way 

13   to pay for the proposal.

14                So the hostile amendment in regards 

15   to the bill-in-chief on the Voter Friendly Ballot 

16   Act would do two things.  Number one, it would 

17   establish a New York State early voting and voter 

18   friendly ballot act fund in the joint custody of 

19   the State Comptroller and the Commissioner of 

20   Taxation and Finance, which would consist of all 

21   revenues received from the Abandoned Property 

22   Fund.  

23                And number two, it would provide for 

24   payments to Boards of Elections from such funds 

25   so as to pay for the cost of early voting as well 


                                                               1352

 1   as any personal or capital costs incurred as a 

 2   result of compliance with the provisions of this 

 3   bill-in-chief.

 4                The amendment is clearly germane to 

 5   the bill-in-chief, as it would provide a specific 

 6   source and mechanism of funding to local 

 7   governments to pay for these enormous unfunded 

 8   mandates that continue to come from this house.  

 9   And those unfunded mandates are contained in both 

10   the bill-in-chief as well as the early voting 

11   program.

12                By its very terms, the bill-in-chief 

13   would make wholesale amendments to Article 7 of 

14   the Election Law, to require local Boards of 

15   Elections, in a stated effort to improve the 

16   readability and administration of special, 

17   primary and general elections and the ballots and 

18   mechanisms under which such elections are 

19   conducted.  

20                Without this amendment, the 

21   bill-in-chief would again impose a large and 

22   significant unfunded mandate upon counties and 

23   the Board of Elections.  This amendment would 

24   address this problem by requiring state funding 

25   to localities for the impact of its provisions.  


                                                               1353

 1   It is for those reasons that this bill is 

 2   incredibly germane.  

 3                And I am encouraging my colleagues 

 4   on the other side of the aisle to vote with me 

 5   and ensure that we are paying for the things 

 6   which we believe to be appropriate.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Thank 

 9   you, Senator Akshar.

10                I want to remind the house that the 

11   vote is on the procedures of the house and the 

12   ruling of the chair.

13                Those in favor of overruling the 

14   chair signify by saying aye.

15                SENATOR GRIFFO:   Show of hands, 

16   please.

17                ACTING PRESIDENT BENJAMIN:   A show 

18   of hands has been requested and so ordered.  

19                (Show of hands.)

20                THE SECRETARY:   Ayes, 21.

21                ACTING PRESIDENT BENJAMIN:   The 

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

23   is before the house.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Mr. President, 


                                                               1354

 1   without objection, can we restore this bill to 

 2   the noncontroversial calendar and take it up.

 3                ACTING PRESIDENT BENJAMIN:   Without 

 4   objection, so ordered.

 5                Read the last section.

 6                THE SECRETARY:   Section 17.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Senator Akshar to explain his vote.

13                SENATOR AKSHAR:   Thank you, 

14   Mr. President.  

15                You know, I can't help but think of 

16   a conversation on the floor of the Senate that 

17   Senator Myrie and I had about another elections 

18   bill, and we talked specifically about the 

19   importance of that bill and not only how it was 

20   going to impact everyday New Yorkers, but more 

21   importantly that it was going to be the will of 

22   this body to ensure that we were appropriately 

23   funding these reforms that we're making to the 

24   election system.

25                And sadly, what we're seeing again 


                                                               1355

 1   today is becoming a pattern of this house, which 

 2   makes it even more disappointing that the members 

 3   of the Majority voted against the amendment which 

 4   sought to provide funding for this.  

 5                I'm not suggesting for a moment that 

 6   we shouldn't be advancing this particular issue.  

 7   I'm suggesting that we should pay for it.  Just 

 8   like we should pay for early voting, just like we 

 9   should pay for what's before us now.  

10                I think we have a significant 

11   problem, not only in this house but in this 

12   state, in which elected officials put forth 

13   policy that we think is good for everyday 

14   New Yorkers, good for local governments, and we 

15   force it down their throat.  We mandate that they 

16   to have to go a certain direction, we mandate 

17   that they have to do certain things, but we don't 

18   pay for it.  And I think that we should all be 

19   ashamed of ourselves when we do things like that.  

20                It's for that reason and many others 

21   I'm voting no.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Akshar to be recorded in the negative.

25                Senator Kavanagh to explain his 


                                                               1356

 1   vote.

 2                SENATOR KAVANAGH:   Thank you, 

 3   Mr. President.

 4                This bill today is once again part 

 5   of a number of bills that we are taking up that 

 6   really add to this house's already great record 

 7   of moving forward decisively to strengthen our 

 8   democracy.  

 9                This bill, far from the comments of 

10   my esteemed colleague from the other side of the 

11   aisle, is not a new set of mandates on 

12   localities.  Rather, it is a comprehensive reform 

13   of a set of confusing and conflicting mandates 

14   that are already in the Election Law.  

15                The Election Law has numerous 

16   provisions that have piled up over time that 

17   specify how ballots need to be designed and 

18   printed and reviewed and certified before voters 

19   can use them.  Many of those provisions are in 

20   conflict; many of them are difficult to 

21   implement; and indeed, many of them include 

22   specific mandates that localities have to follow 

23   in order to make ballots that comply with state 

24   law.

25                This bill provides greater 


                                                               1357

 1   flexibility for localities, it provides greater 

 2   usability for voters, and especially in places 

 3   like New York, where a great many races might be 

 4   on the same ballot, where there may be a great 

 5   many languages on the same ballot.  It has been a 

 6   very big problem in our state that people go to 

 7   the polls trying to exercise this most basic of 

 8   rights in our democracy and they are confused by 

 9   a document that any reasonable person would say 

10   is confusing.

11                This cleans this up.  It's a big 

12   step forward.  We've worked for many years to get 

13   this right.  This bill was carried on the other 

14   side of the aisle for a number of years by our 

15   former colleague Senator Golden.  It is a great 

16   day that we're moving it forward.  

17                And I join my colleagues on both 

18   sides of the aisle in recognizing the need to 

19   continue to fund the administration of elections.  

20   This bill doesn't add any particular new 

21   obligations, but I've joined many in saying we 

22   should be funding through the budget process 

23   early voting and some other provisions that have 

24   been and will be before us before the end of the 

25   session.  


                                                               1358

 1                But I vote in the affirmative.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Kavanagh to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 160, those Senators recorded in the 

 7   negative are Senators Akshar, Amedore, Antonacci, 

 8   Boyle, Flanagan, Funke, Gallivan, Griffo, 

 9   Helming, Jacobs, Jordan, Lanza, LaValle, O'Mara, 

10   Ortt, Ritchie, Robach, Serino, Seward and 

11   Tedisco.

12                Ayes, 40.  Nays, 20.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                The Secretary will read Calendar 

16   Number 165, controversial.

17                THE SECRETARY:   Calendar Number 

18   165, Senate Print 3167, by Senator Myrie, an act 

19   to amend the Election Law.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Griffo, why do you rise?

22                SENATOR GRIFFO:   Mr. President, I 

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

24   waive the reading of that amendment and ask that 

25   you call upon Senator Ranzenhofer for an 


                                                               1359

 1   explanation.

 2                ACTING PRESIDENT BENJAMIN:   Thank 

 3   you, Senator Griffo.  

 4                Upon review of the amendment, in 

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

 6   nongermane and out of order at this time.

 7                SENATOR GRIFFO:   Accordingly, 

 8   Mr. President, I appeal that ruling and ask that 

 9   you recognize Senator Ranzenhofer to be heard.

10                ACTING PRESIDENT BENJAMIN:   The 

11   appeal has been made and recognized, and 

12   Senator Ranzenhofer may be heard.

13                SENATOR RANZENHOFER:   Thank you, 

14   Mr. President.

15                This amendment is germane to the 

16   bill-in-chief because it proposes to amend the 

17   same sections of Election Law and both the 

18   bill-in-chief and the amendment deal with 

19   government participant contributions.  

20                While the bill-in-chief deals with 

21   state government contracts, this amendment would 

22   include state, county and local government 

23   contracts.  While I applaud the sponsor for 

24   applying these restrictions to businesses and 

25   individuals seeking a state government contract, 


                                                               1360

 1   I do not think the appearance of inappropriate 

 2   behavior only relates to state contracts.  

 3                Additionally, this amendment would 

 4   take the restricted participation contribution 

 5   period from six months after a contract is 

 6   awarded to one year.  By expanding the restricted 

 7   participation contribution period, this amendment 

 8   would help quell public cynicism and distrust of 

 9   the process of how public bodies make decisions.  

10                This amendment would help strengthen 

11   the proposed legislation and bring public trust 

12   to the government procurement process.  

13                Finally, the one-year prohibition is 

14   the identical bill to one passed last year, and 

15   to weaken the bill shows that the Senate is 

16   backtracking from where it stood on this position 

17   last year.  I would ask my colleagues to vote in 

18   favor of the amendment.

19                Thank you, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Thank 

21   you, Senator.  

22                I want to remind the house that the 

23   vote is on the procedures of the house and the 

24   ruling of the chair.

25                Those in favor of overruling the 


                                                               1361

 1   chair signify by saying aye.

 2                SENATOR GRIFFO:   Show of hands, 

 3   Mr. President.  

 4                ACTING PRESIDENT BENJAMIN:   A show 

 5   of hands has been requested and so ordered. 

 6                (Show of hands.)  

 7                THE SECRETARY:   Ayes, 20.

 8                ACTING PRESIDENT BENJAMIN:   The 

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

10   is before the house.

11                Senator Ranzenhofer.

12                SENATOR RANZENHOFER:   Thank you, 

13   Mr. President.

14                Would the sponsor of the bill 

15   entertain a few questions?

16                ACTING PRESIDENT BENJAMIN:   Will 

17   the sponsor yield?  

18                SENATOR MYRIE:   Yes, Mr. President.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR RANZENHOFER:   Thank you, 

22   Mr. President.  

23                Can you explain why local 

24   governments are not included in this legislation?  

25                SENATOR MYRIE:   Mr. President, the 


                                                               1362

 1   State Legislature, it is my understanding, is 

 2   responsible for restoring faith in state 

 3   government.  That is what this bill proposes to 

 4   do.  And we urge our colleagues today to help 

 5   restore the public's trust in state government.

 6                SENATOR RANZENHOFER:    

 7   Mr. President, if the sponsor will continue to 

 8   yield.

 9                ACTING PRESIDENT BENJAMIN:   Will 

10   the sponsor yield?

11                SENATOR MYRIE:   Yes, Mr. President.  

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.

14                SENATOR RANZENHOFER:   Last year 

15   this Legislature, in a bipartisan fashion, passed 

16   legislation where local governments were included 

17   where this Senate took the position that it was 

18   important to apply this law all across the board 

19   to all levels of government.  

20                Can you explain why the Senator -- 

21   at least your bill, why you feel this year it's 

22   important to backtrack from the previous position 

23   taken by the Senate where previously we thought 

24   that these anti-corruption measures which were 

25   good for the state were also good for the local 


                                                               1363

 1   government, why this year it's important that 

 2   this bill be passed and we not include local 

 3   governments?

 4                SENATOR MYRIE:   Through you, 

 5   Mr. President, I would disagree with the premise 

 6   that this bill is a step back.  

 7                In fact, I think this bill is a step 

 8   forward.  The previously considered bill would 

 9   still allow for 15 percent contributions by 

10   vendors with business before the state.  This 

11   bill that we are considering today bans 

12   contributions in its totality.  

13                I argue that that is a step forward 

14   and not a step back.  And I believe that my 

15   esteemed colleague is arguing for 15 percent more 

16   quid for 15 percent more quo.  We are proposing 

17   today that it be a total ban, no quid, no quo.

18                SENATOR RANZENHOFER:   Can you 

19   explain why the bill last year actually 

20   provided --

21                ACTING PRESIDENT BENJAMIN:    

22   Senator -- Senator Ranzenhofer --

23                SENATOR RANZENHOFER:   I'm sorry, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               1364

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?  

 3                SENATOR MYRIE:   Yes, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR RANZENHOFER:   Not to 

 7   retrace history, but can you explain the 

 8   legislation that is out there and before us, 

 9   which was passed last year and which exists this 

10   year, which is exactly identical to yours with no 

11   quid, no quo, but applies across the board?

12                SENATOR MYRIE:   Mr. President, I'm 

13   not sure I understand if there's a question.  

14                SENATOR RANZENHOFER:   Will the 

15   sponsor continue to yield?

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR MYRIE:   Yes.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR RANZENHOFER:   Would you 

22   like the question repeated?  I'm not sure what 

23   you didn't understand.

24                SENATOR MYRIE:   Yes, can you please 

25   repeat the question.  Through you, Mr. President.


                                                               1365

 1                SENATOR RANZENHOFER:   Okay.  There 

 2   is legislation that exists which has identical 

 3   legislation to yours which provides for zero 

 4   contributions, which is sitting out there and 

 5   which was passed by this body.  Can you explain 

 6   why that legislation you feel should not apply to 

 7   local governments?  

 8                SENATOR MYRIE:   Mr. President, if I 

 9   understand what my colleague is asking me, it is 

10   a request to explain another piece of legislation 

11   that is not being considered before the body 

12   today.  

13                We are considering S3167.  I believe 

14   very strongly in this bill, and I am happy to 

15   answer questions on this bill.

16                SENATOR RANZENHOFER:   Do you think 

17   it -- through you, Mr. President, do you think 

18   that it is acceptable to --

19                ACTING PRESIDENT BENJAMIN:    

20   Senator, I have to ask the sponsor if he's 

21   willing to yield.

22                SENATOR RANZENHOFER:   If you would, 

23   please.

24                ACTING PRESIDENT BENJAMIN:   Will 

25   the sponsor yield?


                                                               1366

 1                SENATOR MYRIE:   Yes, Mr. President.  

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR RANZENHOFER:   Based on the 

 5   answer that was just given, do you feel that it 

 6   would be appropriate in your analogy of quid pro 

 7   quo to have 100 percent quid for 100 percent quo 

 8   in New York City, in Syracuse, in Rochester?  

 9                SENATOR MYRIE:   Mr. President, 

10   again, this bill addresses the state governmental 

11   entities that have authority over granting 

12   contracts.  But since my esteemed colleague has 

13   brought up New York City, New York City is 

14   actually a model for what we are trying to do 

15   today.  And New York City restricts the 

16   contributions of people with business before the 

17   city, and this is a step in that direction.

18                SENATOR RANZENHOFER:    

19   Mr. President, if the sponsor would 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.


                                                               1367

 1                SENATOR RANZENHOFER:   Speaking of 

 2   the state governmental entity or entities that 

 3   you just referenced, and I know throughout your 

 4   legislation on page 1 and page 2, can you please 

 5   provide me with what you mean by state 

 6   governmental entities or entity?

 7                SENATOR MYRIE:   The bill calls -- 

 8   the bill prohibits contributions from those 

 9   seeking contracts with the state, and the state 

10   governmental entities are the ones that have 

11   authority to authorize and grant that contract.

12                SENATOR RANZENHOFER:    

13   Mr. President, if the sponsor will continue to 

14   yield.

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?  

17                SENATOR MYRIE:   Yes, Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR RANZENHOFER:   So I'm glad 

21   you brought up authority, and I know you 

22   referenced that in your legislation.  Can you 

23   tell me what it means and can you define for an 

24   officeholder to have authority over a 

25   governmental entity?  


                                                               1368

 1                SENATOR MYRIE:   The authority to 

 2   grant the contract.  Through you, Mr. President.

 3                SENATOR RANZENHOFER:   If the 

 4   sponsor would continue to yield.

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR MYRIE:   Yes, Mr. President.  

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR RANZENHOFER:   So does that 

11   mean that the Governor would have authority over 

12   all state agencies?  

13                SENATOR MYRIE:   Through you, 

14   Mr. President, that is correct.

15                SENATOR RANZENHOFER:   And if the 

16   sponsor will continue to yield.

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?  

19                SENATOR MYRIE:   Yes, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR RANZENHOFER:   Does it also 

23   mean that the Governor has authority over all 

24   public authorities?

25                SENATOR MYRIE:   I missed the last 


                                                               1369

 1   part of that, I'm sorry.  

 2                SENATOR RANZENHOFER:   Does the 

 3   Governor have authority over all public 

 4   authorities?

 5                SENATOR MYRIE:   The Governor has 

 6   authority over executive state agencies.

 7                SENATOR RANZENHOFER:   So through 

 8   you, Mr. President, are you saying that then the 

 9   Governor would not have authority over the public 

10   authorities?

11                SENATOR MYRIE:   Through you, 

12   Mr. President, my understanding is that a public 

13   authority is not a state agency.

14                SENATOR RANZENHOFER:   So would --

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Ranzenhofer.

17                SENATOR RANZENHOFER:   Yes, under -- 

18   through you, Mr. President.  So under your bill.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Ranzenhofer, you have to ask me --

21                SENATOR RANZENHOFER:   Through you, 

22   Mr. President, if the sponsor will continue to 

23   yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?  


                                                               1370

 1                SENATOR MYRIE:   Yes, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR RANZENHOFER:   So is there 

 5   any prohibition, then, against making a 

 6   contribution to a public authority?  Or for 

 7   business with a public authority.  

 8                SENATOR MYRIE:   Through you, 

 9   Mr. President, if I could get clarification on 

10   the question.  It's unclear to me whether my 

11   colleague is suggesting that a public authority 

12   not under the auspice and authority of the 

13   Governor would be subject to this prohibition.

14                SENATOR RANZENHOFER:   Through you, 

15   Mr. President, if the sponsor will continue to 

16   yield, I'll try to explain that.

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?

19                SENATOR MYRIE:   Yes.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR RANZENHOFER:   Okay.  So if 

23   an individual or a contractor or somebody was 

24   seeking to do business with the Dormitory 

25   Authority for some sort of project, would it be 


                                                               1371

 1   permissible to make a donation to the Governor 

 2   for someone seeking to do that type of work?

 3                SENATOR MYRIE:   It depends.  

 4   Through you, Mr. President.

 5                SENATOR RANZENHOFER:   If the 

 6   sponsor will continue to yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?  

 9                SENATOR MYRIE:   Yes, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR RANZENHOFER:   Can the 

13   sponsor explain what it depends on and how we 

14   give notice and clarity to the public about which 

15   donations are permissible when you're looking to 

16   do business with the Dormitory Authority and when 

17   it's not permissible to make a contribution when 

18   you're looking to do business with the Dormitory 

19   Authority?  

20                SENATOR MYRIE:   Through you, 

21   Mr. President.  If this contract is one in which 

22   the Governor has authority to approve or 

23   disapprove, this prohibition would apply.  If 

24   that is not the case, this prohibition would not 

25   apply.


                                                               1372

 1                SENATOR RANZENHOFER:   And through 

 2   you, Mr. President, that's what I'm trying to get 

 3   clarity on.  So I'm just giving you an example --

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Ranzenhofer, are you asking the sponsor to yield?  

 6                SENATOR RANZENHOFER:   You read my 

 7   mind.

 8                (Laughter.)

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?  

11                SENATOR MYRIE:   Yes, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields. 

14                SENATOR RANZENHOFER:   I apologize, 

15   Mr. President.

16                So in order to try to bring clarity 

17   to the situation, I'm giving you the specific 

18   example of the Dormitory Authority.  I could give 

19   you the example of the State Construction Fund.  

20   Can you tell me if in either of those situations 

21   if a person or an entity or a contractor is 

22   seeking to do business with either of those 

23   groups, is it permissible to make a donation to 

24   the Governor's campaign committee?  

25                SENATOR MYRIE:   Through you, 


                                                               1373

 1   Mr. President, the -- whether or not in this 

 2   particular instance the prohibition would apply I 

 3   think is a valid question.  But I would remind my 

 4   colleague that this -- the penalty that would be 

 5   put on the contributor, on the vendor, is one 

 6   made after they have evinced intent to circumvent 

 7   the law.

 8                So in the instance where this person 

 9   may have contributed, unclear whether or not they 

10   could, they would not be penalized under this 

11   law.

12                SENATOR RANZENHOFER:   Through you, 

13   Mr. President, if the sponsor will continue to 

14   yield.

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?  

17                SENATOR MYRIE:   Yes, Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR RANZENHOFER:   So reading 

21   this legislation, how does somebody know whether 

22   or not they can make a contribution if they are 

23   looking to do business with the Dormitory 

24   Authority?  

25                SENATOR MYRIE:   Apologies, sir.  


                                                               1374

 1   Can you repeat the question?  

 2                ACTING PRESIDENT BENJAMIN:   Repeat 

 3   it.

 4                SENATOR RANZENHOFER:   Do I have to 

 5   go through you?  

 6                ACTING PRESIDENT BENJAMIN:   No, no, 

 7   he's clarifying.

 8                SENATOR RANZENHOFER:   Okay.  If 

 9   somebody -- if a person or an entity or a 

10   contractor is looking to do business with the 

11   Dormitory Authority, how do they know whether or 

12   not they can make a contribution?

13                SENATOR MYRIE:   Through you, 

14   Mr. President, the State Board of Elections can 

15   promulgate guidance on this particular issue.

16                SENATOR RANZENHOFER:   Through you, 

17   Mr. President, if the sponsor will continue to 

18   yield.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR MYRIE:   Yes, Mr. President.  

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR RANZENHOFER:   In your 

25   legislation, does this legislation then authorize 


                                                               1375

 1   the State Board of Elections to promulgate rules 

 2   and regulations to deal with this legislation?  

 3                SENATOR MYRIE:   This bill does not 

 4   specifically -- through you, Mr. President, does 

 5   not specifically authorize the State Board of 

 6   Elections to do so, but the State Board of 

 7   Elections, as its own -- under its own force 

 8   could do so.

 9                SENATOR RANZENHOFER:    

10   Mr. President, if the sponsor will continue to 

11   yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?.

14                SENATOR MYRIE:   Yes.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR RANZENHOFER:   Senator 

18   Myrie, can you tell me that by virtue of the 

19   Governor having appointment authority -- in other 

20   words, being able to make appointments to a 

21   public authority or to a board -- does that give 

22   him the authority to control that organization 

23   and therefore one could not make political 

24   contributions since he has the authority of 

25   appointment?  


                                                               1376

 1                SENATOR MYRIE:   Through you, 

 2   Mr. President, the bill is specifically 

 3   addressing the authority over the procurement 

 4   process.  

 5                SENATOR RANZENHOFER:    

 6   Mr. President, if the sponsor will continue to 

 7   yield.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR MYRIE:   Yes, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR RANZENHOFER:   Can you tell 

14   me under your bill whether or not a member of the 

15   Senate or an Assemblymember has authority over 

16   any particular agencies?

17                SENATOR MYRIE:   Members of the 

18   Senate or the State Legislature in general do not 

19   have authority over the procurement process.

20                SENATOR RANZENHOFER:   So there is 

21   no -- through you, Mr. President, if the sponsor 

22   will continue to yield.

23                SENATOR MYRIE:   Yes, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.


                                                               1377

 1                SENATOR RANZENHOFER:   So under this 

 2   particular legislation, there is no prohibition 

 3   from a member of the public, an individual 

 4   contractor, whatever, for making political 

 5   contributions to Senators or Assemblymembers if 

 6   they are looking to procure state business; is 

 7   that correct?

 8                SENATOR MYRIE:   The bill addresses 

 9   the members of the Senate and the Assembly, and 

10   it states that if the Senate or the Assembly were 

11   to procure, then the vendor would be prohibited 

12   from giving.

13                Outside of that circumstance, yes, 

14   they would be allowed to contribute to the 

15   members of the Legislature.

16                SENATOR RANZENHOFER:    

17   Mr. President, if the sponsor will continue to 

18   yield.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?  

21                SENATOR MYRIE:   Yes, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR RANZENHOFER:   So, Senator 

25   Myrie, let me ask you this question.  We are now 


                                                               1378

 1   going through the budget process, and in the 

 2   budget process there are a lot of things -- you 

 3   know, it's a hundred and -- a very, very hefty 

 4   budget.  Is there any prohibition for an entity 

 5   looking to do business with the state through the 

 6   budget process for making campaign contributions 

 7   to the Governor, to a Senator, or to an 

 8   Assemblymember?  

 9                SENATOR MYRIE:   Through you, 

10   Mr. President, the bill specifically requests the 

11   request for proposal process.  It is a 

12   prohibition when that RFP has been issued.  And 

13   after that RFP has been closed, the bill narrowly 

14   addresses the RFP process.

15                SENATOR RANZENHOFER:    

16   Mr. President, if the sponsor will 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 RANZENHOFER:   So under this 

24   bill, from what I hear you saying, it is then 

25   appropriate for an entity -- again, a person or 


                                                               1379

 1   corporation -- to make a political contribution 

 2   to an Assemblymember, to a Senator, or to the 

 3   Governor if they are looking to do business with 

 4   the state through the budget process as opposed 

 5   to through the procurement process?  Would that 

 6   be fair statement?

 7                SENATOR MYRIE:   I would not speak 

 8   to whether or not it is appropriate, but it is 

 9   allowed.

10                SENATOR RANZENHOFER:   Okay.  So 

11   through you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Will 

13   the sponsor continue to yield?  

14                SENATOR MYRIE:   Yes, Mr. President.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR RANZENHOFER:   So just so 

18   I'm clear, political contributions to the 

19   Governor, Senators and Assembly are legal under 

20   your bill if they're looking to do business with 

21   the state through the budget process?

22                SENATOR MYRIE:   Through you, 

23   Mr. President, this bill addresses the 

24   procurement process and that only.

25                SENATOR RANZENHOFER:   Through you, 


                                                               1380

 1   Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Will 

 3   the sponsor yield?  

 4                SENATOR MYRIE:   Yes, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR RANZENHOFER:   So there is 

 8   no prohibition for that with the -- with looking 

 9   to do business through the budget, is that 

10   correct?  

11                SENATOR MYRIE:   Mr. President, the 

12   bill before the floor does not address this.

13                SENATOR RANZENHOFER:   Okay.  And 

14   just one other thing I wanted to clarify in terms 

15   of --

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Ranzenhofer, are you asking --

18                SENATOR RANZENHOFER:   If the 

19   sponsor of course would continue to yield.  

20   Through you, Mr. President.

21                ACTING PRESIDENT BENJAMIN:   Does 

22   the sponsor yield?

23                SENATOR MYRIE:   Yes, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.


                                                               1381

 1                SENATOR RANZENHOFER:   Thank you.

 2                So also with the items of 

 3   legislation -- we passed a number of bills today, 

 4   and every day we're here we pass bills.  If an 

 5   entity is looking to do business with the state 

 6   with respect to legislation, there's no 

 7   prohibition in this particular bill which bans 

 8   political contributions to the Governor, to 

 9   members of the Senate, to members of the Assembly 

10   for legislation; is that correct?

11                SENATOR MYRIE:   Through you, 

12   Mr. President, this bill does not address the 

13   scenario specifically outlined by my colleague.

14                SENATOR RANZENHOFER:   Okay.  Thank 

15   you.

16                Can you explain --

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Ranzenhofer, are you asking the sponsor to yield?

19                SENATOR RANZENHOFER:   You think I 

20   forgot, don't you?  You think I forgot.

21                (Laughter.)

22                ACTING PRESIDENT BENJAMIN:   Will 

23   the sponsor yield?  

24                SENATOR MYRIE:   Yes, Mr. President.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1382

 1   sponsor yields.

 2                SENATOR RANZENHOFER:   Can the 

 3   sponsor explain how he came up with the six-month 

 4   time frame to restrict vendor contributions?  

 5                SENATOR MYRIE:   Through you, 

 6   Mr. President, I'm happy to do so.  

 7                In 2016 Governor Cuomo stated:  "I 

 8   will order my campaign and my party not to accept 

 9   campaign contributions from companies once a 

10   request for proposals has been announced and for 

11   six months following the conclusion for the 

12   winner."

13                SENATOR RANZENHOFER:   If the 

14   sponsor will continue to yield for another 

15   question.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?  

18                SENATOR MYRIE:   Yes, Mr. President.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR RANZENHOFER:   Under 

22   your bill, is it permissible for someone who is 

23   looking to do business with the state to make a 

24   political contribution to the state party or 

25   county committee?


                                                               1383

 1                SENATOR MYRIE:   Through you, 

 2   Mr. President, they are allowed to contribute to 

 3   the state party or the state committee but not if 

 4   they are doing so in a way to avoid this law and 

 5   then have that contribution passed on to the 

 6   office holder with authority over the contract.

 7                SENATOR RANZENHOFER:    

 8   Mr. President, if the sponsor will continue to 

 9   yield.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?  

12                SENATOR MYRIE:   Yes, Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR RANZENHOFER:   Thank you for 

16   your answer, Senator.  

17                Can you just tell me where in the 

18   bill it says that?  

19                SENATOR MYRIE:   Through you, 

20   Mr. President, in Section 1 --

21                SENATOR RANZENHOFER:   What page, 

22   please?  

23                SENATOR MYRIE:   First page.

24                SENATOR RANZENHOFER:   What line?  

25                SENATOR MYRIE:   I'm getting to 


                                                               1384

 1   that.

 2                SENATOR RANZENHOFER:   Thank you.  

 3                Through you, Mr. President, of 

 4   course.

 5                SENATOR MYRIE:   Section 1, line 15.  

 6   It says, "It shall further be unlawful, pursuant 

 7   to Section 14-120 of this article, to make 

 8   contributions to political committees not 

 9   authorized or operationally controlled by the 

10   officeholder or candidate for the purpose of 

11   transferring a contribution to the officeholder's 

12   or candidate's authorized political committees or 

13   political committees they exert operational 

14   control over."

15                SENATOR RANZENHOFER:    

16   Mr. President, if the sponsor will 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 RANZENHOFER:   For one of my 

24   final questions, very often -- you know, we are 

25   all aware we are in a legislative and political 


                                                               1385

 1   body, whether it be at the state level or the 

 2   county level.  At the state level, the Governor 

 3   controls the state party.  At the county level, 

 4   very often a county executive or mayor controls 

 5   the local party.

 6                How under your bill do you separate 

 7   that when transfers are fungible, they're easily 

 8   made -- you know, how is it defined whether or 

 9   not -- you know, for instance, a Governor or a 

10   county executive is or is not in control of the 

11   state party committee or the county party 

12   committee so that a contribution could be made to 

13   the party committee and then be used by the party 

14   committee to make a donation to the Governor or 

15   the Senator or the county executive?

16                SENATOR MYRIE:   Through you, 

17   Mr. President, in the scenario described, if I 

18   understand it correctly, in the scenario 

19   described by my colleague I think the State Board 

20   of Elections, who is charged with enforcing this, 

21   is the chief enforcement counsel, would make a 

22   factual finding.  

23                As I have mentioned earlier, the 

24   penalty for this is imposed after there has been 

25   evidence of intent to circumvent that law, and 


                                                               1386

 1   this is a factual finding that would be made by 

 2   the chief enforcement counsel of the State Board 

 3   of Elections.

 4                SENATOR RANZENHOFER:   And 

 5   Mr. President, one final question, if the sponsor 

 6   will continue to yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?  

 9                SENATOR MYRIE:   Yes, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR RANZENHOFER:   So speaking 

13   of the enforcement, you indicated how it is 

14   enforced.  Once this happens and it's determined 

15   by the chief officer of the Board of Elections, 

16   how do they actually go enforcing the penalties 

17   that are set forth in this particular piece of 

18   legislation?

19                SENATOR MYRIE:   Through you, 

20   Mr. President, either through a special 

21   proceeding or a civil action.

22                SENATOR RANZENHOFER:   Through you, 

23   just a clarification.  Through you, 

24   Mr. President, if the sponsor will continue to 

25   yield.


                                                               1387

 1                ACTING PRESIDENT BENJAMIN:   Will 

 2   the sponsor yield?  

 3                SENATOR MYRIE:   Yes, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR RANZENHOFER:   So I 

 7   understand the action and the special proceeding.  

 8   But once there's a determination made, how does 

 9   the enforcement officer then -- if there's a 

10   finding like, yes, you did this, how does the 

11   enforcement officer actually get the money back 

12   or do whatever has to be done to remedy the 

13   situation?

14                SENATOR MYRIE:   Through you, 

15   Mr. President, there's a judgment ordered by the 

16   court.

17                SENATOR RANZENHOFER:    

18   Mr. President, thank you.  And I want to thank 

19   the sponsor for his colloquy.

20                ACTING PRESIDENT BENJAMIN:   Are 

21   there any other Senators wishing to be heard?  

22                Seeing and hearing none, the debate 

23   is closed.  

24                The Secretary will ring the bell.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1388

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the 180th day after it 

 4   shall have become a law.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Metzger to explain her vote.

10                SENATOR METZGER:   Thank you, 

11   Mr. President.  

12                New York State's campaign finance 

13   system has had an incredibly corrosive effect on 

14   our democratic institutions in this state.  And 

15   if we had to list all of the elected officials 

16   who have been embroiled in corruption scandals, 

17   we would be here all night long.

18                So this is the session where we take 

19   a stand and say no more.  Earlier in this session 

20   we closed the LLC loophole, which was a huge step 

21   forward, and today we take another giant step 

22   forward by prohibiting companies who want to do 

23   business with our state from making donations to 

24   the people who make those decisions.

25                So I am incredibly proud to vote aye 


                                                               1389

 1   and support the sponsorship by my colleague and 

 2   friend Senator Myrie, who has really been a 

 3   leader and is so committed to a government by and 

 4   for the people.  

 5                This is a great start.  We have more 

 6   to do.  But we are moving forward rapidly.  

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Metzger to be recorded in the affirmative.

10                Senator Ortt to explain his vote.

11                SENATOR ORTT:   Thank you, 

12   Mr. President.  

13                I will be supporting this 

14   legislation.  But I couldn't help but notice that 

15   while I certainly think the intent of this 

16   legislation is good -- it's an intent that 

17   everyone here should concern themselves with, 

18   restoring faith in our state government, as the 

19   sponsor has stated.  But there seemed to be an 

20   omission when I was thinking about the sponsor's 

21   answers to our colleague Senator Ranzenhofer's 

22   questions, that public sector unions are not also 

23   subjected to this.  

24                If you think about the answers and 

25   the logic, they have -- they're going to the 


                                                               1390

 1   Governor, he oversees their budget negotiations, 

 2   their contracts, they're here lobbying members on 

 3   legislation that directly impacts them.  And yet 

 4   they will be allowed to continue to give 

 5   unfettered.  

 6                And I just think that if we're 

 7   really talking about and being sincere, then 

 8   maybe that's an omission that could be looked at.  

 9   I'm not going to hold my breath, but I'm just 

10   going to make the suggestion.  

11                But I will be supporting the bill.  

12   I vote aye.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Ortt to be recorded in the affirmative.

15                Senator Carlucci to explain his 

16   vote.

17                SENATOR CARLUCCI:   Thank you, 

18   Mr. President.  

19                I too want to thank Senator Myrie 

20   and all the supporters of this legislation to 

21   really start to do something to stop the 

22   pay-to-play culture, to make sure that we're 

23   restoring the public's trust in our government.  

24   That's the most important thing that we can do 

25   this legislative session.  


                                                               1391

 1                So as my colleagues have said, this 

 2   is a start, this is a step in the right 

 3   direction.  But we have to do everything possible 

 4   to root out corruption wherever it exists, to 

 5   stop the bad behaviors, the unethical behavior 

 6   that might happen.  And that's what this 

 7   legislation does.  It ends the pay to play, and 

 8   it sets us on the right path to make sure we're 

 9   restoring the public's trust and rooting out 

10   corruption wherever it exists.  

11                So thank you to all my colleagues 

12   for supporting this legislation, and I 

13   enthusiastically support it as well.

14                Thank you, Mr. President.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Carlucci to be recorded in the affirmative.

17                Senator Ranzenhofer to explain his 

18   vote.

19                SENATOR RANZENHOFER:   Thank you, 

20   Mr. President.  I too will be supporting this 

21   legislation.  

22                One of the things that has 

23   happened -- and, you know, all you have to do is 

24   open up the newspapers and read about the 

25   corruption trials, what took place in -- as a 


                                                               1392

 1   result of what took place in Syracuse, New York.  

 2   You read about the corruption trials as a result 

 3   of what took place in Buffalo, New York.  You 

 4   read about the corruption trials about what took 

 5   place down in White Plains in the downstate area.  

 6   And, you know, it's not satisfactory to say, 

 7   well, we're not going to do anything about it.  

 8                And I do want to commend Senator 

 9   Myrie for taking the first step here and 

10   introducing some pay-to-play legislation.  

11                I was not happy with all the answers 

12   and the fact that it doesn't apply across the 

13   board.  I was not happy with the fact that it 

14   didn't apply, for instance, to the state budget 

15   process with the legislation.  

16                But what I am happy with is that 

17   this does today send the message that we are at 

18   least addressing the issue and taking a first 

19   step to ending pay to play in New York.  I'm 

20   hoping that this is the first piece of 

21   legislation rather than the last piece of 

22   legislation.  

23                And I will be supporting this bill 

24   today, and I vote aye.  

25                Thank you, Mr. President.


                                                               1393

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Ranzenhofer to be recorded in the affirmative.

 3                Senator Krueger to explain her vote.

 4                SENATOR KRUEGER:   Thank you very 

 5   much, Mr. President.  

 6                I also want to thank Senator Myrie 

 7   for bringing this to the floor.  It's not really 

 8   the first step, since we actually had done the 

 9   LLC loophole closing earlier in the year.  But I 

10   agree with my colleagues, there's more to do.  

11                I just want to clarify why this is 

12   so important.  Of course when you look at the 

13   government of the State of New York and how much 

14   of the public's money ends up actually being 

15   spent through contracts through procurement of 

16   the executive agencies, we understand why it's so 

17   critical to make sure that those decisions are 

18   being made on the basis of the best bidder for 

19   that work and not because of any relationship 

20   those bidders might have with an executive or 

21   anyone else in elected office.

22                The reason I think that this bill is 

23   exactly the right bill is because we in the 

24   Senate don't actually have a role in the RFP 

25   process of state money.  But there was a point 


                                                               1394

 1   brought up, I believe, by one of my colleagues 

 2   that, Well, what if they're trying to get to us 

 3   do something in the budget or getting us to pass 

 4   a piece of legislation because it will be good 

 5   for their business, shouldn't that be in the 

 6   bill?  

 7                And I'd like to just for the record 

 8   point out we already have laws against that.  It 

 9   is absolutely illegal to sell your vote on a bill 

10   because somebody has offered you any kind of 

11   financial incentive.  It's absolutely illegal to 

12   direct what your vote is within a budget document 

13   because of financial considerations for yourself 

14   in campaign funds or any other way.

15                So I'm always big on strengthening 

16   the laws and protections to try to change the 

17   culture of pay to play in this state, but I did 

18   not want it to go overlooked when that question 

19   was asked, that we're not ignoring that issue, 

20   that issue is clear in law already.

21                I vote yes, Mr. President.  Thank 

22   you.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Krueger to be recorded in the affirmative.

25                Senator Antonacci to explain his 


                                                               1395

 1   vote.

 2                SENATOR ANTONACCI:   Thank you, 

 3   Mr. President.  

 4                As a local county official, as a 

 5   comptroller, it was my obligation to look at 

 6   procurement documents and look at bidding 

 7   documents.  And I think that while this is a 

 8   fresh start, we must come back and spread this 

 9   law to local government.  There are hundreds if 

10   not billions of dollars spent in local 

11   government, and I think that applying this type 

12   of provision to local government will bring more 

13   confidence in government.

14                I'm ashamed to say that one of the 

15   cases that we talked about today came out of 

16   Syracuse, New York, so I have seen fraud and 

17   corruption firsthand.  

18                And lastly, I am cynical when we 

19   talk about appointing authorities and having a 

20   governor or an executive who may appoint a member 

21   to a board or authority.  Again, I think it 

22   should apply to all of those, not only agencies 

23   but boards and authorities.  

24                I will be voting in the affirmative, 

25   but I hope we will come back for more work.


                                                               1396

 1                Thank you.  

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Antonacci to be recorded in the affirmative.  

 4                Senator May to explain her vote.

 5                SENATOR MAY:   Thank you, 

 6   Mr. President.  

 7                My colleague mentioned Syracuse, and 

 8   my hometown of Syracuse has seen this pay to play 

 9   up close and personal, and it has poisoned the 

10   relationship between citizens and our government.  

11   Many of us ran for office this year specifically 

12   to restore that kind of faith in our government 

13   among the citizenry.  

14                And so I'm very grateful to 

15   Senator Myrie for bringing this bill forward and 

16   to my colleagues for supporting it, and I 

17   enthusiastically vote yes.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   May to be recorded in the affirmative.

20                Senator Myrie to explain his vote.

21                SENATOR MYRIE:   Thank you, 

22   Mr. President.  

23                And I'd like to thank my colleagues 

24   on the other side for the questioning and the 

25   discussion and for supporting this bill.


                                                               1397

 1                You know, there has been in our 

 2   public lexicon a lot of talk lately about public 

 3   polls and public policy and how that affects 

 4   economic development.  I think we've had pretty 

 5   robust conversations about what New Yorkers want 

 6   their government to do for them.  But today I 

 7   think we are going to vote on something that the 

 8   overwhelming majority of folks in New York have 

 9   very little appetite for, and that is corruption 

10   in state government.

11                According to the Pew Research 

12   Center, 18 percent of Americans have trust in 

13   their government.  And right here in New York, a 

14   2016 Siena poll found that 97 percent of 

15   New Yorkers want their state lawmakers to pass 

16   laws to stop corruption in government -- 

17   97 percent.  Nothing polls that high.

18                And it's a resounding message to 

19   everyone in this chamber here today that the 

20   pay-to-play culture in Albany must come to an 

21   end.

22                I believe, like my colleagues have 

23   very eloquently stated, that this is a step in 

24   that direction.  If you are bidding on a state 

25   contract, you should not be able to grease the 


                                                               1398

 1   wheels by filling the coffers of officials with 

 2   authority over that contract.

 3                And conversely, if you are an 

 4   official with authority over that contract, you 

 5   should not be able to raise money amongst those 

 6   entities that can benefit from lucrative 

 7   contracts.  

 8                It is corruption or the appearance 

 9   of corruption in its purest form:  Some quid for 

10   the campaign, some quo in the contract.

11                And I know we often engage in 

12   hypotheticals in this chamber, but when it comes 

13   to corruption in Albany, we have an ample supply 

14   of real-life examples.  So it is time that we 

15   show the people of New York that we are serious 

16   about restoring faith in our government.  

17                I'd like to thank Assemblymember 

18   David Buchwald in the Assembly, who has sponsored 

19   this legislation and who has been a champion on 

20   this issue for many years.  

21                And I'd like to thank my colleagues 

22   again and urge your support in a step to restore 

23   faith in government.

24                Thank you.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               1399

 1   Myrie to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 60.  

 4                Absent from voting:  Senator Young.  

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                Senator Gianaris, that completes the 

 8   reading of the controversial calendar.

 9                SENATOR GIANARIS:   Mr. President, 

10   if we could return to motions for a moment.  

11                On behalf of Senator Skoufis, on 

12   page 14 I offer the following amendments to 

13   Calendar 174, Senate Print 2959, and ask that 

14   said bill retain its place on the Third Reading 

15   Calendar.

16                ACTING PRESIDENT BENJAMIN:   The 

17   amendments are received, and the bill shall 

18   retain its place on the Third Reading Calendar.

19                SENATOR GIANARIS:   With that, 

20   Mr. President, is there any further business at 

21   the desk?

22                ACTING PRESIDENT BENJAMIN:   There 

23   is no further business at the desk.  

24                SENATOR GIANARIS:   In that case I 

25   move to adjourn until tomorrow, Wednesday, 


                                                               1400

 1   March 6th, at 3:00 p.m.

 2                ACTING PRESIDENT BENJAMIN:   On 

 3   motion, the Senate stands adjourned until 

 4   Wednesday, March 6th, at 3:00 p.m.

 5                (Whereupon, at 5:02 p.m., the Senate 

 6   adjourned.)

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