Regular Session - May 7, 2019

                                                                   3366

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 7, 2019

11                      3:25 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3367

 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:   Reverend 

 9   Alonzo Jordan, pastor of Greater Covenant 

10   Ministries in Jamaica, will deliver today's 

11   invocation.  

12                Reverend Jordan.  

13                REVEREND JORDAN:   Shall we pray?  

14                Eternal God, creator of the heavens 

15   and the earth, we come to You today to beseech 

16   Your knowledge, wisdom and understanding in order 

17   to form a more perfect union.  

18                Endow and impart each legislator and 

19   their staff with the integrity to govern our fair 

20   state with Your holy spirit.  Let them be 

21   ever-mindful that they are their brother's and 

22   sister's keeper, despite their political 

23   differences.  

24                We pray for a unified spirit, one 

25   nation under God, indivisible with liberty and 


                                                               3368

 1   justice for all.  One Lord, one faith, and one 

 2   baptism.  

 3                Purify our hearts and minds, that we 

 4   may see clearly Your perfect will for the 

 5   citizens of New York State.  

 6                Grant each Senator grace, 

 7   temperance, moral fortitude, political fervor and 

 8   acumen, as well as the common touch in these 

 9   perilous times we know we now live in.  

10                In the name of the Father, the Son, 

11   the Holy Spirit, let all God's children say amen.

12                (Response of "Amen.")

13                ACTING PRESIDENT MAYER:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   May 6, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, May 5, 2019, 

18   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 32, Senator 


                                                               3369

 1   Gounardes moves to discharge, from the Committee 

 2   on Civil Service and Pensions, Assembly Bill 

 3   Number 5386 and substitute it for the identical 

 4   Senate Bill 3918, Third Reading Calendar 523.

 5                ACTING PRESIDENT MAYER:    

 6   Substitution so ordered.

 7                Can we have some order in the 

 8   chamber, please.  

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Madam President, 

17   amendments are offered to the following Third 

18   Reading Calendar bills:  

19                Senator Kennedy, page 12, Calendar 

20   Number 148, Senate Print 1549; 

21                Senator Sanders, page 21, Calendar 

22   Number 337, Senate Print 2115A; 

23                Senator Sanders, page 21, Calendar 

24   Number 338, Senate Print 2283A;

25                Senator Brooks, page 22, Calendar 


                                                               3370

 1   Number 390, Senate Print 4701;

 2                Senator Kennedy, page 23, Calendar 

 3   Number 408, Senate Print 4524A; 

 4                Senator Stavisky, page 28, Calendar 

 5   Number 478, Senate Print 4873; and 

 6                Senator Skoufis, page 34, Calendar 

 7   Number 545, Senate Print 1627.

 8                I ask that these bills retain their 

 9   place on Third Reading Calendar.  

10                ACTING PRESIDENT MAYER:   The 

11   amendments are received, and the bills shall 

12   retain their place on the Third Reading Calendar.

13                Senator Gianaris.

14                SENATOR GIANARIS:   I now move to 

15   adopt the Resolution Calendar, with the exception 

16   of Resolutions 794, 1115, 1126, 1368, 1382 and 

17   1385.

18                ACTING PRESIDENT MAYER:   All in 

19   favor of adopting the Resolution Calendar, with 

20   the exception of Resolutions 794, 1115, 1126, 

21   1368, 1382 and 1385, please signify by saying 

22   aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT MAYER:   Opposed?  

25                (No response.)


                                                               3371

 1                ACTING PRESIDENT MAYER:   The 

 2   Resolution Calendar is adopted.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Madam President, 

 5   can we begin by taking up Resolution 1385, by 

 6   Leader Stewart-Cousins.  This is the resolution 

 7   recognizing the Women of Distinction.  

 8                By agreement of both the Majority 

 9   and Minority, and consistent with practice, we're 

10   going to have only one member from each side 

11   speak on this resolution so that we don't spend 

12   the entire day here on the floor of the chamber.  

13   We of course have the ceremony after session, 

14   where we will hear more about the various 

15   honorees.  

16                So please have that resolution read 

17   in its entirety, and recognize Senator Salazar to 

18   speak on it.

19                ACTING PRESIDENT MAYER:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   1385, by Senator Stewart-Cousins, congratulating 

23   the 2019 New York State Senate Women of 

24   Distinction.

25                "WHEREAS, It is the sense of this 


                                                               3372

 1   Legislative Body to acknowledge and celebrate 

 2   Women of Distinction who significantly add 

 3   inspiration and encouragement to the people of 

 4   this great Empire State; and 

 5                "WHEREAS, The New York State Senate 

 6   Women of Distinction program was created in 1998 

 7   as part of our state celebration of Women's 

 8   History Month to honor exemplary women from 

 9   across New York State whose singular professional 

10   or personal achievements, commitment to 

11   excellence and accomplishments merit special 

12   recognition; honorees are selected from 

13   nominations submitted from across the state; and 

14                "WHEREAS, Women of every economic, 

15   ethnic and religious background have made 

16   significant contributions that are reflected 

17   across all aspects of society; and 

18                "WHEREAS, It is the custom of this 

19   Legislative Body to pay tribute to individuals of 

20   remarkable character who have shown initiative 

21   and commitment in constantly pursuing higher 

22   goals for themselves, as well as acting as role 

23   models to all women in their community; and 

24                "WHEREAS, On behalf of the New York 

25   State Senate, I take this opportunity to  


                                                               3373

 1   congratulate La'Shawn Allen-Muhammad, Lorena 

 2   Borjas, Deputy Kristy Botsford, Carola Otero 

 3   Bracco, Ischia Bravo, Maude Bruce, Gail 

 4   Castellano, Heidi Harrison Chain, Monique 

 5   Chandler-Waterman, Julie Schwietert Collazo, 

 6   Jennifer O. D'Andrea-Terreri,  Airman 1st Class 

 7   Madison Daquelente, Nicole Dayka, Joan Dean, 

 8   Bette Dewing, Randi Shubin Dresner, Roxanne 

 9   Dueppengiesser, Bessie R. Edwards, Peg Ellsworth, 

10   Anne Erickson, Barbara Franco, Margaret Graham, 

11   Kathleen Graupman, Coralanne Griffith-Hunte,  

12   M.Ed., Lisa Ann Hermann, Pauline P. Holbrook, 

13   Carol Pingelski Hotaling, the Reverend Dr. Maria  

14   L. Hubbard, Irene Elizabeth Hylton, Ph.D.,  

15   Sinforosa Tan Kaung, Ph.D., Linda Kemp, Nellie B. 

16   King, Linda Lee, Jane McCabe, Emily Monem,  

17   Haydee Morales, Michelle Neugebauer, Po-Ling Ng, 

18   Bishop LaVerne D. Owens-Larkins, Kelly Parsons, 

19   Colleen Pearce, Jo-Ann Raia, the Honorable Mary 

20   Lou Rath, Sophia L. Reid, Evelyn Rodriguez, Iris 

21   Rodriguez-Rosa, Carmen Rojas, Nicole Sheindlin, 

22   Marguerite A. Smith, Esq., Nancy Sutton, Holly 

23   Tanner, Stacey Tompkins, Marya Vande-Doyle, Grace 

24   VanderWaal, Evelyn Vollgraff, Kathleen Wagner, 

25   Tanya Asapansa-Johnson Walker, Loretta Z. Weiss, 


                                                               3374

 1   Kelly Willcox, Eva D. Williams, Stephanie Wong, 

 2   and Norma Zimmer, as 2019 New York State Senate 

 3   Women of Distinction, to be celebrated on 

 4   Tuesday, May 7, 2019, at the Annual Women of 

 5   Distinction Awards ceremony in The Well of the 

 6   Legislative Office Building; and 

 7                "WHEREAS, Women have become part of 

 8   New York's lasting heritage by fighting against 

 9   stereotypes, prejudice, and seemingly 

10   insurmountable obstacles; and 

11                "WHEREAS, From the women's suffrage 

12   movement just over 150 years ago to the present 

13   day, women have played and continue to play a 

14   crucial role in adding strength, understanding, 

15   and inspiration to the diversity and quality of 

16   life of the people of the State of New York; and 

17                "WHEREAS, New York State has been, 

18   and continues to be, the home to many 

19   distinguished women who have made their mark in 

20   history as pioneers in their field, therefore 

21   laying the foundation for women after them  to 

22   succeed; and 

23                "WHEREAS, This Legislative Body 

24   recognizes that New York State is the home to 

25   countless women who are strong and colorful 


                                                               3375

 1   threads, vital to the fabric of our rich 

 2   heritage, who have contributed, and continue to 

 3   add to the advancement of our culture through 

 4   their traditional and nontraditional roles in 

 5   society; now, therefore, be it 

 6                "RESOLVED, It is the sense of this 

 7   Legislative Body that those who enhance the 

 8   well-being and vitality of their community and 

 9   have shown a long and sustained commitment to 

10   excellence certainly have earned the recognition 

11   and applause of all the citizens of this great 

12   Empire State; and be it further 

13                "RESOLVED, That copies of this 

14   resolution, suitably engrossed, be transmitted to 

15   the aforementioned Women of Distinction."

16                ACTING PRESIDENT MAYER:   Senator 

17   Salazar on the resolution.

18                SENATOR SALAZAR:   Thank you, Madam 

19   President.

20                I'm proud to recognize the 2019 

21   New York State Senate Women of Distinction 

22   honorees and welcome them to Albany.

23                This is an important tradition in 

24   the State Senate that honors incredible New York 

25   women who have contributed tremendously to our 


                                                               3376

 1   state and who have helped improve the lives of 

 2   their fellow New Yorkers.

 3                These Women of Distinction are 

 4   trailblazers who have taken on leadership roles 

 5   in their industries and their communities 

 6   throughout the 63 State Senate districts that 

 7   they come from.

 8                Today is so important because it 

 9   offers this legislative body an opportunity to 

10   recognize the work of these incredible women.  

11   Unfortunately, we are well aware that far too 

12   often women's accomplishments are not given the 

13   recognition and appreciation they deserve.  That 

14   is why I must take a moment to recognize our own 

15   Woman of Distinction for New York's 18th State 

16   Senate District.

17                Michelle Neugebauer grew up in our 

18   district, in Bushwick, where she experienced 

19   firsthand the struggles that our community has 

20   faced.  Michelle is the executive director of 

21   Cyprus Hills Local Development Corporation.  

22   She's worked relentlessly with CHLDC and 

23   community residents to build a strong and 

24   equitable East New York, through educational 

25   programs for youth and adults and fighting to 


                                                               3377

 1   secure and preserve affordable housing in 

 2   Brooklyn.

 3                It's inspiring to be in the company 

 4   of such a diverse group of women of such high 

 5   achievement.  Thank you to all of our fellow 

 6   Senators for bringing these heroines and role 

 7   models to Albany to share their incredible 

 8   journeys and successes with us.

 9                Again, to all of our guests, thank 

10   you for all of your hard work.  I'm so proud to 

11   be here to celebrate your accomplishments and 

12   applaud you as the 2019 Women of Distinction.

13                ACTING PRESIDENT MAYER:   Thank you, 

14   Senator Salazar.

15                Senator Little on the resolution.

16                SENATOR LITTLE:   Thank you, 

17   Madam President.  

18                I'm really proud to rise today and 

19   honor our Women of Distinction and to talk about 

20   them for a few minutes.  

21                Certainly the Senators, female 

22   Senators who are here join that class of Women of 

23   Distinction.  And we have many new members this 

24   year, so we honor them as well.

25                But we have one particular guest who 


                                                               3378

 1   is in the gallery to honor today, and that's a 

 2   former Senator of ours who served here for many 

 3   years.  Senator Mary Lou Rath, sitting in the 

 4   front row of the gallery up here, is joining us 

 5   today because she is Senator Ranzenhofer's Woman 

 6   of Distinction.  And we all know Mary Lou was a 

 7   woman of distinction throughout her years in the 

 8   Senate and continues to be that with her life in 

 9   Buffalo.

10                Today -- you know, much different 

11   than when I was growing up -- women have so many 

12   different opportunities.  And the women that we 

13   are honoring today you will see and hear about 

14   come from all kinds of professions, different 

15   educational backgrounds, they're being honored 

16   for volunteer activities, and they come from all 

17   walks of life.  But these are women who have put 

18   themselves out there, who have done things that 

19   they didn't need to do, but things that make 

20   their families better, their communities better, 

21   and our state better.

22                So today we will honor these 

23   leaders.  They are leaders not only in their 

24   profession and in their place of work, but they 

25   are leaders in their family.  And as we know, 


                                                               3379

 1   women are the experts in multitasking.  I 

 2   truthfully have to -- I have a new word that I 

 3   have to say to myself all the time:  Focus.  

 4   Focus on what you're doing.  Stop thinking about 

 5   the next thing you want to be doing.  

 6                But because they are multitaskers, 

 7   these women have done many, many things.  And I'm 

 8   really proud to be here and to honor them today, 

 9   as we all are.  And to the many, many women -- 

10   some of them are here today -- congratulations.  

11   We look forward to hearing your story and seeing 

12   you this evening at this great ceremony, which is 

13   a New York State tradition -- and it's my 

14   favorite.

15                So thank you very much, 

16   Madam President.

17                ACTING PRESIDENT MAYER:   Thank you, 

18   Senator Little.

19                The question is on the resolution.  

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT MAYER:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT MAYER:   The 

25   resolution is adopted.


                                                               3380

 1                To our guests, our Women of 

 2   Distinction, and to former Senator Mary Lou Rath, 

 3   thank you for joining us all.  We extend to you 

 4   the privileges and courtesies of the house.  

 5   Please rise and be recognized by our esteemed 

 6   colleagues.

 7                (Extended standing ovation.)

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Gianaris.

10                SENATOR GIANARIS:   Madam President, 

11   I know that Leader Stewart-Cousins would like to 

12   open this resolution for cosponsorship. 

13                ACTING PRESIDENT MAYER:   The 

14   resolution is open for cosponsorship.  Should you 

15   choose not to be a cosponsor of the resolution, 

16   please notify the desk.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Can we now move 

19   to Resolution 1382, by Senator Griffo, read that 

20   resolution in its entirety, and recognize Senator 

21   Griffo.

22                ACTING PRESIDENT MAYER:   The 

23   Secretary will read.

24                THE SECRETARY:   Senate Resolution 

25   1382, by Senator Griffo, celebrating the 


                                                               3381

 1   purposeful life and career of Officer Kevin F. 

 2   Crossley, and commemorating the one-year 

 3   anniversary of his death.  

 4                "WHEREAS, It is the sense of this 

 5   Legislative Body to convey its grateful 

 6   appreciation and heartfelt regret in recognition 

 7   of the loss of courageous individuals who 

 8   dedicated their purposeful lives and careers to 

 9   serve and protect; and 

10                "WHEREAS, This Legislative Body is 

11   moved to celebrate the purposeful life and career 

12   of Officer Kevin F. Crossley, and to commemorate 

13   the one-year anniversary of his death; and 

14                "WHEREAS, Officer Kevin F. Crossley 

15   truly lived his life with great dignity and 

16   genuine grace, always demonstrating a deep and 

17   continuing concern for the welfare of others in 

18   the great State of New York; and 

19                "WHEREAS, Born on March 11, 1984, in 

20   Utica, New York, Kevin F. Crossley graduated from 

21   Whitesboro Central High School in 2002; he went 

22   on to earn a degree in criminal justice from 

23   Mohawk Valley Community College in 2004, and 

24   completed the Police Academy at Cazenovia  

25   College in 2010; and 


                                                               3382

 1                "WHEREAS, Kevin F. Crossley 

 2   fulfilled his lifelong dream of service to his 

 3   community when he became a police officer; he 

 4   began his illustrious career in law enforcement 

 5   with the Town of Whitestown Police Department, 

 6   before joining the Village of Whitesboro Police 

 7   Department in 2011; and 

 8                "WHEREAS, With a steadfast and 

 9   unwavering commitment to his community, Officer 

10   Kevin F. Crossley was a member of the Sons of the 

11   American Legion and Penn Mountain Snow Riders; 

12   and 

13                "WHEREAS, Officer Kevin F. Crossley 

14   made the ultimate sacrifice on April 11, 2018, 

15   while faithfully executing his responsibilities, 

16   serving with dedication, loyalty and compassion; 

17   and 

18                "WHEREAS, The beloved son of George 

19   and Linda, and the proud brother of Michael, 

20   Officer Kevin F. Crossley exemplified what it 

21   truly means to give of himself in providing vital 

22   police services in keeping with the noble mission 

23   of the Whitesboro Police Department; and 

24                "WHEREAS, Officer Kevin F. 

25   Crossley's life was a portrait of service, a 


                                                               3383

 1   legacy which will long endure the passing of 

 2   time, and will remain as a comforting memory to 

 3   all he served and befriended; and 

 4                "WHEREAS, Officer Kevin F. 

 5   Crossley's name is synonymous with character, 

 6   dignity, intellect, depth and humor, qualities 

 7   evident to his family and to all those who were 

 8   fortunate enough to have known him; he will be 

 9   deeply missed and truly merits the grateful 

10   tribute of this legislative Body; now, therefore, 

11   be it 

12                "RESOLVED, That this Legislative 

13   Body pause in its deliberations to celebrate the 

14   purposeful life and career of Officer Kevin F. 

15   Crossley, to commemorate the one-year anniversary 

16   of his death, and to express its deepest 

17   condolences to his family; and be it further 

18                "RESOLVED, That a copy of this 

19   resolution, suitably engrossed, be transmitted to 

20   the family of Officer Kevin F. Crossley."

21                ACTING PRESIDENT MAYER:   Senator 

22   Griffo.

23                SENATOR GRIFFO:   Thank you, 

24   Madam President.

25                Today is equally an important day.  


                                                               3384

 1   We celebrate Women of Distinction, but we also 

 2   come today to commemorate, on Law Enforcement 

 3   Memorial Day, with ceremonies that took place 

 4   earlier today, those who have made and paid the 

 5   ultimate sacrifice.

 6                It's a very sad and heartbreaking 

 7   time for many families and many of us who have 

 8   lost someone special who have served our great 

 9   state and our communities.  This particular 

10   instance today, we have the opportunity to 

11   recognize a young life, 34-year-old Kevin 

12   Crossley, who was killed on April 11th, lost his 

13   life on April 11, 2018.  

14                We're honored here today to have 

15   with us members of his family -- his parents, 

16   George and Linda; his brother Michael and 

17   Michael's girlfriend Natalie -- along with the 

18   police chief of the Village of Whitesboro, 

19   Dominick Hiffa, and Sergeant Jason Buley and 

20   other members of the Whitesboro Police 

21   Department.  I also know the mayor is here -- I 

22   think I saw the mayor earlier, and I'm not sure 

23   if he's still with us.

24                But this was so important today, and 

25   I appreciate that this resolution was presented, 


                                                               3385

 1   because it's significant for us not only to 

 2   reflect on a life lost -- and it's so difficult 

 3   for these family members to continually gain the 

 4   courage necessary to participate in events like 

 5   this.  And they recognize it's important because 

 6   we are truly paying tribute to his memory.  But 

 7   it also is difficult, as you try to heal these 

 8   difficult scars as a result of that loss of life, 

 9   that young loss of life.  

10                So we reflect today, but we also 

11   have an opportunity to express our respect and 

12   our appreciation for a sense of duty and 

13   responsibility for this young man who gave and 

14   paid the ultimate sacrifice because he cared so 

15   much about the community that he lived in and the 

16   people that he wanted to serve.

17                And it's also an opportunity to 

18   celebrate his life.  It's an opportunity for all 

19   of us to remember this young vibrant man who 

20   really chose this career because he had such a 

21   great passion for it, who had great likes, like 

22   others.  He loved his Harley and he was a great 

23   fan of NASCAR.  And he just was somebody who had 

24   great passion and concern for others, who lived 

25   by the great motto that he would give a portion 


                                                               3386

 1   of himself in order to benefit others in our 

 2   community that he served.

 3                That is the ultimate that anyone can 

 4   say of anyone, that he's made his community a 

 5   better place, that he's made the lives he's 

 6   touched better because of his presence.  So as 

 7   difficult as today is to the Crossley family and 

 8   the members of the department that are here 

 9   today, we appreciate you being here, because it's 

10   so important to celebrate Kevin, who he was, what 

11   he represented.  

12                As difficult and challenging as this 

13   is -- because it is heartbreaking, and no words 

14   can adequately express or convey what we would 

15   like to express and what you would feel -- but 

16   know that we do care, we do respect him, and we 

17   do appreciate his service.  And today this 

18   resolution is one way to demonstrate that, as 

19   well as a bill that will be before the house 

20   where we will be naming a portion of a highway in 

21   the Mohawk Valley in his name and honor.  

22                So Madam President, I thank you for 

23   the opportunity.  

24                And God bless you.

25                ACTING PRESIDENT MAYER:   Thank you.  


                                                               3387

 1                The question is on the resolution.  

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT MAYER:   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT MAYER:   The 

 7   resolution is adopted.

 8                To our guests, the family and 

 9   colleagues of Officer Crossley, we welcome you on 

10   behalf of the Senate, extend to you our 

11   condolences, but also the privileges and 

12   courtesies of this house.

13                Please rise and be honored by our 

14   colleagues.

15                (Standing ovation.)

16                ACTING PRESIDENT MAYER:   Senator 

17   Gianaris.

18                SENATOR GIANARIS:   Madam President, 

19   at the request of Senator Griffo, this resolution 

20   is open for cosponsorship.  

21                And I'd also ask, because we do have 

22   several resolutions to come, that I believe all 

23   of them are open for cosponsorship at the 

24   sponsor's request.

25                ACTING PRESIDENT MAYER:   This 


                                                               3388

 1   resolution and all of the other resolutions we 

 2   are considering today are open for cosponsorship.  

 3   Should you choose not to be a cosponsor of the 

 4   resolutions, please notify the desk.  

 5                Senator Gianaris.  

 6                SENATOR GIANARIS:   Can we now take 

 7   up Resolution 1126, by Senator Metzger, read that 

 8   resolution in its entirety, and recognize 

 9   Senator Metzger.

10                ACTING PRESIDENT MAYER:   The 

11   Secretary will read.

12                THE SECRETARY:   Senate Resolution 

13   1126, by Senator Metzger, commemorating the 

14   50th Anniversary of the launching of the 

15   Hudson River Sloop Clearwater, and celebrating 

16   the 100th Anniversary of the birth of 

17   Pete Seeger, cofounder of the Hudson River Sloop 

18   Restoration in 1966.  

19                "WHEREAS, It is the custom of this 

20   Legislative Body to commemorate those events of 

21   historical significance which add strength, 

22   vigor, and inspiration to the cultural diversity 

23   and quality of life in the communities of the 

24   State of New York; and 

25                "WHEREAS, Attendant to such concern, 


                                                               3389

 1   and in full accord with its longstanding 

 2   traditions, this Legislative Body is justly proud 

 3   to commemorate the 50th anniversary of the 

 4   launching of the Hudson River Sloop Clearwater, 

 5   and to celebrate the 100th anniversary of the 

 6   birth of Pete Seeger, cofounder of the Hudson 

 7   River Sloop Restoration in 1966; and 

 8                "WHEREAS, Many events have been 

 9   planned for this year to celebrate these two  

10   milestones, some of which include Pete's 

11   100th Singalong Concert at the Unitarian 

12   Universalist Society of Schenectady on 

13   April 26th; Public Sail from Poughkeepsie at 

14   Waryas Park Fixed Pier on April 27th; Power of 

15   Song-Pete Seeger's 100th Birthday Party! at the 

16   Jacob Burns Film Center in Pleasantville on 

17   May 1st; Happy Hundredth Birthday, Pete! at the 

18   Rosenberg Fund for Children in Easthampton, 

19   Massachusetts on May 3rd; Pete Seeger Centennial 

20   Open Mike at the Towne Crier Cafe in Beacon on 

21   May 3rd; Riverkeeper Sweep-Beacon:  Riverfront 

22   Park Cleanup at the Beacon Riverfront Park on 

23   May 4th; Pete Seeger Centennial Art Exhibit at 

24   the Howland Cultural Center in Beacon on May 4th; 

25   Pete Seeger Centennial Celebration at People's 


                                                               3390

 1   Voice Cafe in New York City at the Community 

 2   Church of New York on May 4th; Musical Tribute to 

 3   Pete Seeger at the Franklin Street Park in 

 4   South Nyack on May 5th; and Turn, Turn, Turn! A 

 5   Celebration of Pete Seeger's 100th Birthday at 

 6   the Bardavon Theater in Poughkeepsie on May 5th; 

 7   and 

 8                "WHEREAS, The 100th anniversary of  

 9   the birth of Beacon resident, world-renowned folk 

10   singer/songwriter and environmental activist 

11   Pete Seeger falls on May 3, 2019; and 

12                "WHEREAS, Pete and Toshi Seeger 

13   cofounded the Hudson River Sloop Restoration in 

14   1966, which built the Hudson River Sloop 

15   Clearwater that was launched on May 17, 1969, 

16   with a mission to preserve and protect the Hudson 

17   River, its tributaries and related bodies of 

18   water; and 

19                "WHEREAS, Pete Seeger and Hudson 

20   River Sloop Clearwater helped turn the tide in 

21   favor of enacting the 1972 Clean Water Act by 

22   sailing the Clearwater to Washington, D.C., in 

23   April of 1970, and organizing an historic 

24   Capitol Hill forum on the need for federal clean 

25   water protections; and 


                                                               3391

 1                "WHEREAS, From 1969 to 1974, 

 2   Clearwater engaged in landmark work on the Clean 

 3   Water Act, to protect American waterways from 

 4   polluting discharges; and 

 5                "WHEREAS, The Hudson River Sloop 

 6   Clearwater has provided innovative environmental 

 7   education programs beginning in 1970 with its 

 8   on-board education program 'Classroom of the 

 9   Waves'; each year, thousands of schoolchildren 

10   participate in learning about local history, 

11   navigation, ecology, natural history and citizen 

12   action, which has been supplemented since 1980 by 

13   on-land education programs; and 

14                "WHEREAS, In 1993, the landmark 

15   document 'Hudson River Angler Survey:  A report 

16   on the adherence to fish consumption health 

17   advisories among Hudson River anglers,' 

18   investigated and authored by Bridget Barclay, 

19   Clearwater's environmental action director, 

20   became an important turning point in the 

21   Hudson River PCB Superfund site case by showing 

22   the nexus between PCB contamination of 

23   Hudson River water and sediment and human health 

24   by actively demonstrating that humans were 

25   unaware of and/or ignoring health advisories and 


                                                               3392

 1   consuming PCB-containing fish; and 

 2                "WHEREAS, In 1998, the Hudson was 

 3   named an 'American Heritage River' by President 

 4   Bill Clinton, and in 2002, Pete Seeger was named  

 5   a 'Clean Water Hero' by the Clean Water Network 

 6   for his prominent efforts in the passage of the 

 7   Clean Water Act; and 

 8                "WHEREAS, In 2004, Clearwater was 

 9   added to the National Historic Register for its 

10   historical role in 'articulating, publicizing, 

11   and defining the American environmental movement, 

12   as well as for directly fighting in some of the 

13   nation's most important environmental conflicts'; 

14   and 

15                "WHEREAS, In 2010, as part of 

16   Clearwater's Green Cities program, Clearwater 

17   undertook a groundbreaking Community-Based  

18   Environmental Justice Inventory for the City of 

19   Peekskill, identifying major sources of  

20   pollution, disparate impacts on vulnerable 

21   populations, and offering a range of suggested 

22   solutions; and 

23                "WHEREAS, Two years later, 

24   Clearwater began a Climate Justice initiative in  

25   four Hudson Valley cities to assess potential 


                                                               3393

 1   environmental, economic, public health, and 

 2   safety impacts of climate change on communities 

 3   of color and low income in Kingston, 

 4   Poughkeepsie, Beacon, and Peekskill, each of 

 5   which have waterfronts vulnerable to sea-level 

 6   rise along their shorelines; and 

 7                "WHEREAS, Clearwater has created and 

 8   fostered environmental programs and musical  

 9   celebrations, including the renowned annual 

10   Clearwater Festival, to inspire, educate, and 

11   expand people's experience, awareness and 

12   stewardship of this magnificent natural resource; 

13   and 

14                "WHEREAS, The Hudson River Sloop 

15   Clearwater was designed to and continues to keep 

16   alive an important era of New York State history, 

17   reminding us of the days when commerce, 

18   recreation and travel centered along the 

19   waterfront; and 

20                "WHEREAS, Pete Seeger's legacy lives 

21   on through education programs, advocacy work and 

22   special events like the Great Hudson River 

23   Revival, and the Hudson River Sloop Clearwater is 

24   celebrating its 50th anniversary as one of 

25   New York State's most effective, visible and 


                                                               3394

 1   beautiful sailing vessels; now, therefore, be it 

 2                "RESOLVED, That this Legislative 

 3   Body pause in its deliberations to commemorate 

 4   the 50th anniversary of the launching of the 

 5   Hudson River Sloop Clearwater, and to celebrate 

 6   the 100th anniversary of the birth of Pete 

 7   Seeger; and be it further 

 8                "RESOLVED, That this Legislative 

 9   Body pauses further to applaud and commend the 

10   contributions of Clearwater in its untiring work 

11   to preserve the Hudson River and its watershed 

12   for future generations; and be it further 

13                "RESOLVED, That a copy of this 

14   resolution, suitably engrossed, be transmitted to 

15   the Hudson River Sloop Clearwater, Inc., Beacon, 

16   New York."

17                ACTING PRESIDENT MAYER:   Senator 

18   Metzger on the resolution.

19                SENATOR METZGER:   Thank you, 

20   Madam President.

21                It is an incredible honor to 

22   introduce this resolution to commemorate the 

23   50th anniversary of the launching of the 

24   Hudson River Sloop Clearwater and to celebrate 

25   the 100th anniversary of the birth of 


                                                               3395

 1   Pete Seeger, a man who fought for the rights and 

 2   well-being of working people -- of all people.  

 3   He's a hero of the labor movement, a hero of the 

 4   environmental movement, and a hero of mine.

 5                We all grew up on his music.  His 

 6   songs were as popular in summer camps and 

 7   elementary school chorus classes as they were at 

 8   political rallies and marches.  Pete was born in 

 9   New York, and we in the Hudson Valley felt very 

10   fortunate when Pete and his wife Toshi decided to 

11   settle in our beautiful valley.  

12                The Hudson River Sloop Clearwater is 

13   part of Pete's important legacy.  I am so pleased 

14   to welcome to this chamber Steve Smith, the 

15   chairman of the board of Hudson River Sloop 

16   Clearwater, and Manna Jo Greene, Clearwater 

17   environmental director as well as a dear old 

18   friend.

19                The resolution that was just read 

20   really gives the entire history, so I won't 

21   repeat it.  But I just want to say that the work 

22   that Clearwater has done over the decades to 

23   protect the Hudson River -- which is an 

24   incredible treasure to us all -- and the 

25   environment, and to fight for environmental 


                                                               3396

 1   justice has been so important and so personally 

 2   formative for me and for our entire region and 

 3   really the State of New York.  

 4                And I'm very proud to recognize 

 5   Pete Seeger and his legacy.  Thank you very much.  

 6                And I'd ask that you, 

 7   Madam President, extend the privileges and 

 8   courtesies of the house to our guests.

 9                Thank you.

10                ACTING PRESIDENT MAYER:   The 

11   question is on the resolution.  All in favor 

12   signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT MAYER:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT MAYER:   The 

17   resolution is adopted.

18                To our guests, I welcome you on 

19   behalf of the Senate.  We extend to you the 

20   privileges and courtesies of the house.  Please 

21   rise and be recognized.

22                (Standing ovation.)

23                ACTING PRESIDENT MAYER:  Senator 

24   Gianaris.

25                SENATOR GIANARIS:   Can we now 


                                                               3397

 1   please take up Resolution 1115, also by 

 2   Senator Metzger, read its title only, and 

 3   recognize Senator Metzger again.

 4                ACTING PRESIDENT MAYER:   The 

 5   Secretary shall read.

 6                THE SECRETARY:   Senate Resolution 

 7   1115, by Senator Metzger, commemorating the 

 8   20th Annual World Falun Dafa Day celebration, to 

 9   be observed May 13, 2019.

10                ACTING PRESIDENT MAYER:   Senator 

11   Metzger on the resolution.

12                SENATOR METZGER:   Thank you, 

13   Madam President.

14                I'm pleased to continue the 

15   tradition of my predecessor, Senator Bonacic, and 

16   sponsor a resolution recognizing May 13th as the 

17   20th Annual World Falun Dafa Day.  

18                I want to welcome Helena Cheng, 

19   Yu Chen, and two of my constituents, Angela Lee, 

20   of Port Jervis, and James H. Smith, of 

21   Middletown, to this chamber.

22                Falun Dafa, also known as Falun 

23   Gong, is a self-improvement technique practiced 

24   by millions of people around the world.  

25   Practitioners undertake the search for 


                                                               3398

 1   truthfulness, compassion and tolerance, something 

 2   we all need, through meditation and a series of 

 3   four physical exercises.  

 4                Practitioners of Falun Gong have 

 5   said that they experience improvements to mind 

 6   and body, health and happiness, and an increase 

 7   in inner peace.

 8                Introduced in 1992 to the general 

 9   public by Mr. Li Hongzhi, also known as Master 

10   Li, today Falun Dafa is practiced in more than 

11   70 countries and in 41 languages.  Falun Gong has 

12   spread through workshops and trainings offered 

13   free to participants.  

14                New York opened its doors to the 

15   Falun Dafa community in 1996, offering an 

16   opportunity to introduce the practice to people.

17                In 2017, more than 10,000 

18   practitioners from 57 countries gathered at 

19   celebrations around New York for Falun Dafa Day 

20   events, including parades, dancing and music.  

21   There is a large community of practitioners in my 

22   district in Middletown and Port Jervis, where 

23   they've created a film studio, which I visited 

24   last week, a high school, and a college for arts 

25   where they educate young artists.  The art school 


                                                               3399

 1   is also home to five Shen Yun dance troops, who 

 2   travel the globe performing elaborate and 

 3   acrobatic choreography.  The school's mission is 

 4   to provide an exceptionally positive, encouraging 

 5   and wholesome environment for learning and 

 6   self-improvement.  

 7                Central to all of this are the 

 8   tenets of Falun Dafa:  Truth, compassion, and 

 9   tolerance.

10                They have also put on several public 

11   festivals in my district, including the Moon 

12   Festival and the upcoming Family Festival, as a 

13   way to share their culture and traditions with 

14   the surrounding community.

15                On this World Falun Dafa Day, we 

16   recognize the practitioners of Falun Gong and the 

17   positive and peaceful attributes they encourage.

18                Thank you very much, Madam 

19   President.  I ask that you extend to our guests 

20   the courtesies and privileges of the house.

21                ACTING PRESIDENT MAYER:   Thank you, 

22   Senator Metzger.

23                Senator Stavisky on the resolution.

24                SENATOR STAVISKY:   Thank you.  

25                And thank you, Senator Metzger, for 


                                                               3400

 1   sponsoring this resolution recognizing an 

 2   important segment of the Asian-American 

 3   community.

 4                As you know, I represent a large 

 5   number of Asian-Americans in Queens County, and 

 6   we recognize the contributions that everybody has 

 7   made to make our state a better place, and we 

 8   thank everybody for their contributions.

 9                Thank you.

10                ACTING PRESIDENT MAYER:   Thank you.

11                The question is on the resolution. 

12   All in favor signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT MAYER:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT MAYER:   The 

17   resolution is adopted.

18                To our guests, I welcome you on 

19   behalf of the Senate.  We extend to you the 

20   privileges and courtesies of the house.  Please 

21   rise and be recognized.

22                (Standing ovation.)

23                ACTING PRESIDENT MAYER:   Senator 

24   Gianaris.

25                SENATOR GIANARIS:   Thank you, 


                                                               3401

 1   Madam President.

 2                Can we now move to on Resolution 

 3   1368, by Senator Little, read its title only, and 

 4   recognize Senator Little.

 5                ACTING PRESIDENT MAYER:   The 

 6   Secretary shall read.

 7                THE SECRETARY:   Senate Resolution 

 8   1368, by Senator Little, memorializing Governor 

 9   Andrew M. Cuomo to proclaim May 5th through 12th, 

10   2019, as Fibromyalgia Awareness Week in the State 

11   of New York.

12                ACTING PRESIDENT MAYER:   Senator 

13   Little on the resolution.

14                SENATOR LITTLE:   Thank you, 

15   Madam President.

16                For a number of years I have 

17   supported this resolution on fibromyalgia.  And 

18   it is very important.  There are over 10 million 

19   people in the United States that have been 

20   diagnosed with fibromyalgia.  Even though the 

21   majority are women, it still affects children and 

22   men.  And this year a focus is on pediatric 

23   fibromyalgia, which is pretty sad.

24                The average time to actually be 

25   diagnosed with fibromyalgia takes about five 


                                                               3402

 1   years.  And in that five-year period there is a 

 2   lot of distress, pain, questioning and just 

 3   really being unsettled, not knowing what you have 

 4   and how you're going to be able to get it taken 

 5   care of.

 6                Treating it is a team approach, 

 7   including traditional and complementary 

 8   therapies.  So far some of the therapies are not 

 9   covered by insurance, which is difficult for 

10   patients.  And so far they have not been allowed 

11   to have medical marijuana, which is not covered 

12   by insurance either, but it's something they 

13   would like to see happen at some point.

14                The Fibromyalgia Task Force is 

15   focusing on three things this year.  They are 

16   continuing to pass out their report, which they 

17   have done.  So far they've distributed 6500 

18   copies of that report around the state and 

19   country.  And they are creating continuing 

20   education materials for physicians as well as 

21   working to create an Integrative Center for 

22   Fibromyalgia and Chronic Pain.  

23                We're joined today by folks from the 

24   Fibromyalgia Task Force of the International 

25   Institute for Human Empowerment.  Once again 


                                                               3403

 1   joining us is Dr. Sue Shipe, who is founder and 

 2   chair, and a fibromyalgia patient, and her 

 3   husband, Brian Hart.  Also Dr. Phil Albrecht, a 

 4   medical researcher in pain and fibromyalgia at 

 5   Intidyn, is here with us, and Ms. Lisa Houck, who 

 6   is a disability person helping people who have 

 7   this disease.

 8                I'm also happy to say that a lot of 

 9   this takes place right here in the Capital 

10   District at Albany Medical.  

11                So I would ask you, Madam President, 

12   if you would give them the courtesies of the 

13   house and welcome them today.  And, you know, 

14   hopefully we all think about and know a little 

15   bit more about fibromyalgia.

16                Thank you.

17                ACTING PRESIDENT MAYER:   Thank you, 

18   Senator Little.  

19                The question is on the resolution. 

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT MAYER:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT MAYER:   The 

25   resolution is adopted.


                                                               3404

 1                To our guests, we welcome you on 

 2   behalf of the Senate.  We extend to you the 

 3   privileges and courtesies of the house.  Please 

 4   rise and be recognized.

 5                (Standing ovation.)

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Gianaris.

 8                SENATOR GIANARIS:   Madam President, 

 9   please take up Resolution 794, by Senator Serino, 

10   read its title only, and recognize Senator 

11   Serino.

12                ACTING PRESIDENT MAYER:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   794, by Senator Serino, memorializing Governor 

16   Andrew M. Cuomo to proclaim May 2019 as Lyme 

17   Disease Awareness Month in the State of New York.

18                ACTING PRESIDENT MAYER:   Senator 

19   Serino on the resolution.

20                SENATOR SERINO:   Thank you, 

21   Madam President.  

22                May is Lyme Disease Awareness Month, 

23   and I would just like to take a moment to 

24   recognize a couple that I call true champions in 

25   the fight on Lyme:  Jill and Ira Auerbach.  Many 


                                                               3405

 1   of you might recognize them, because they've been 

 2   traveling the state to spread the message, talk 

 3   about education as the key to prevention.  And 

 4   they've been so helpful with helping with 

 5   legislation.  So thank you from the bottom of my 

 6   heart.  Thank you.

 7                Since taking office, I have been 

 8   honored to have the opportunity to stand and 

 9   raise awareness for a problem that has been 

10   plaguing our state for far too long.  New York 

11   has been considered the epicenter for the Lyme 

12   and tick-borne disease epidemic that is sweeping 

13   the Northeast.  Over 400,000 new cases of Lyme 

14   disease are diagnosed each year, and 25 percent 

15   of those cases are reported right here in 

16   New York State.

17                It's important to note that the 

18   statistic is based on reported cases of Lyme.  

19   And even our state's health commissioner has 

20   testified to the fact that we know countless 

21   cases actually go unreported.

22                Last year I noted when I rose that I 

23   was doing so with a greater sense of urgency, 

24   given a report that had just been released by the 

25   CDC which found that the rates of illness caused 


                                                               3406

 1   by ticks, fleas and mosquitoes has tripled since 

 2   the early 2000s.  That's a scary thought.  That 

 3   report went on to note that the U.S. is wholly 

 4   unprepared to contain the spread.  

 5                At the time, we were optimistic that 

 6   New York was moving in the right direction, 

 7   directing critical resources and unprecedented 

 8   funding toward this issue and passing legislation 

 9   to protect New Yorkers and raise critical 

10   awareness.

11                Today, if it's possible, I rise with 

12   an even greater sense of urgency.  New York faces 

13   a critical tipping point, and inaction at the 

14   state level threatens to take us backwards at a 

15   time when the risk is clearly on the rise.  And I 

16   and thousands of New Yorkers who suffer from Lyme 

17   and tick-borne diseases were very disappointed 

18   that the money that we fought for the past few 

19   years that was put in the budget was eliminated 

20   this year.

21                I urge my colleagues to take up this 

22   fight.  You know, there's been a lot of talk 

23   right now that there's state funding still 

24   available.  So today my colleagues and I sent a 

25   letter to the Governor urging him to make Lyme 


                                                               3407

 1   disease a priority should funding become 

 2   available, and I hope my colleagues sign on.

 3                What was long considered a downstate 

 4   problem is now a major statewide issue.  And 

 5   every one of us in this chamber has a duty to our 

 6   constituents to ensure that it remains a top 

 7   priority.  There are many issues we come across 

 8   that transcend politics, and combating Lyme and 

 9   tick-borne diseases is absolutely one of them.  

10                Today, in honor of Lyme Disease 

11   Awareness Month, I'm urging my colleagues on both 

12   sides of the aisle to hear the voices of our 

13   constituents who are suffering and to ensure that 

14   tackling ticks remains a priority, not only 

15   during the month of May but every day.

16                Thank you.

17                ACTING PRESIDENT MAYER:   Thank you.

18                Senator Helming on the resolution.

19                SENATOR HELMING:   Thank you, Madam 

20   President.

21                And I just want to comment that it's 

22   so good to see a woman serving as President 

23   Pro Tem today on the day that we recognize women.  

24   Welcome.

25                I reside today to commemorate Lyme 


                                                               3408

 1   Disease Awareness Month.  I want to thank the 

 2   sponsor of this resolution, Senator Sue Serino, 

 3   who has truly been the legislative leader on this 

 4   issue for a number of years now.

 5                New York State continues to be a 

 6   hotbed for Lyme and tick-borne diseases.  The CDC 

 7   reports our state has the third-highest number of 

 8   confirmed diseases.  In 2017, New York State had 

 9   more than 8,700 cases reported.

10                In 2018, the Senate passed a budget 

11   that provided historic funding to address this 

12   public health threat.  This funding continues to 

13   be leveraged today to support research, increase 

14   public awareness through our local public health 

15   departments, and increase tick collection sites 

16   through the State Department of Health.  In the 

17   past we've also enacted measures aimed at 

18   preventing and treating these illnesses.

19                Sadly, the budget that we passed 

20   this year in 2019 includes no new funding to 

21   continue this important work.

22                At the local level I've had the 

23   opportunity to host roundtables on this issue and 

24   to attend support group meetings.  The stories I 

25   hear I find, as a human being, are just 


                                                               3409

 1   heartbreaking and tragic.  As a state legislator, 

 2   these stories I find to be just so incredibly 

 3   frustrating.  

 4                I want to talk for a moment about 

 5   Liv Keller, a recent high school graduate.  Two 

 6   years ago I recognized her as a New York State 

 7   Senate Youth Leader.  At that time she was an 

 8   outstanding student athlete, someone who was 

 9   committed to helping her community in a number of 

10   ways.  Liv was on her way to college, and she had 

11   plans to go on to medical school.  That was all 

12   put on hold when suddenly she became deathly ill 

13   with Lyme disease.  

14                Liv has suffered horribly for an 

15   extended time.  And if it wasn't for the tenacity 

16   of her mother and her constant digging and 

17   pushing for answers, I'm not sure what Liv's 

18   status would be today.

19                Liv shared with me something that 

20   I'd like to share with this body today.  She 

21   says:  "Nobody asks for illness.  Nobody wants to 

22   spend their lives trying to seek validation, 

23   answers and proper treatment from the medical 

24   community for unexplained illness."  When 

25   symptoms as bizarre as Lyme disease and other 


                                                               3410

 1   tick-borne illness cannot be explained because a 

 2   test fails to accurately paint a picture of what 

 3   is going on in the human body, medicine fails us.  

 4                Due to the strongly intertwined 

 5   relationship that exists between medicine, Big 

 6   Pharma and politics, creating a wave of change of 

 7   any kind can seem daunting and impossible.  But 

 8   Lyme disease is real and can affect anyone, 

 9   regardless of race, gender, religion or social 

10   status.  This is an issue bigger than all of us.  

11   It will continue to plague our society if more 

12   funding for prevention, treatment and coverage, 

13   and education isn't found.

14                So to my colleagues here today, I 

15   offer this.  Lyme and tick-borne diseases are 

16   impacting thousands of New Yorkers.  We must make 

17   it a priority to work together to pass 

18   legislation and to provide funding to guide the 

19   development of strategies to address this 

20   ever-increasing risk.

21                I respectfully urge members of this 

22   body, especially those in the Majority, to 

23   restore funding and to show those suffering from 

24   Lyme and tick-borne diseases, people like Liv, 

25   that we care about putting an end to this 


                                                               3411

 1   horrible illness and that we won't allow politics 

 2   to stand in the way.  

 3                Thank you, Madam President.

 4                ACTING PRESIDENT MAYER:   Thank you.

 5                Senator Metzger on the resolution.

 6                SENATOR METZGER:   Thank you, 

 7   Madam President.  

 8                I would like to commemorate Lyme 

 9   Disease Awareness Month, as someone who has had 

10   Lyme disease five times.  And I consider myself 

11   lucky because I got -- in four of the five cases, 

12   got that telltale bull's-eye early and was able 

13   to catch it before I got too sick.  The one time 

14   I didn't get it, I ended up in the emergency 

15   room.  I know in the Hudson Valley, and now as 

16   our previous speakers have said, it's everywhere.  

17   It used -- but it's a fact of life in rural 

18   communities.  And it is a public health crisis 

19   that we have to address at every level -- state 

20   regional, local.  

21                As chair of the Agriculture 

22   Committee, I am acutely aware of how this disease 

23   is affecting farmers and farmworkers, who are 

24   particularly vulnerable to it.  So I know my 

25   colleagues share my concern for this issue, and 


                                                               3412

 1   we will be working together on legislation and 

 2   also to identify the resources to put to this 

 3   public health crisis.  

 4                Thank you very much.

 5                ACTING PRESIDENT MAYER:   Thank you.  

 6                The question is on the resolution.  

 7   All in favor signify by saying aye.  

 8                (Response of "Aye.")

 9                ACTING PRESIDENT MAYER:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT MAYER:   The 

12   resolution is adopted.

13                To our guests -- I believe there are 

14   guests here.  Good.  I welcome you on behalf of 

15   the Senate.  We extend to you the privileges and 

16   courtesies of the house.  Please rise and be 

17   recognized.

18                (Standing ovation.)

19                ACTING PRESIDENT MAYER:   Senator 

20   Gianaris.

21                SENATOR GIANARIS:   Madam President, 

22   can we now take up the reading of the calendar.

23                ACTING PRESIDENT MAYER:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 57, 


                                                               3413

 1   Senate Print 221A, by Senator Benjamin, an act to 

 2   amend the Judiciary Law.

 3                SENATOR GRIFFO:   Lay it aside.

 4                ACTING PRESIDENT MAYER:   Lay it 

 5   aside.

 6                There's a substitution at the desk.

 7                The Secretary will read.

 8                THE SECRETARY:   On page 17, Senator 

 9   Griffo moves to discharge, from the Committee on 

10   Transportation, Assembly Bill Number 5701B and 

11   substitute it for the identical Senate Bill 

12   3220B, Third Reading Calendar 234.

13                ACTING PRESIDENT MAYER:    

14   Substitution so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   234, Assembly Print 5701B, by Assemblymember 

18   Buttenschon, an act to amend the Highway Law.

19                ACTING PRESIDENT MAYER:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 30th day after it 

23   shall have become a law.

24                ACTING PRESIDENT MAYER:   Call the 

25   roll.


                                                               3414

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT MAYER:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT MAYER:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   242, Senate Print 3550, by Senator Carlucci, an 

 9   act in relation to the examination of an 

10   incarcerated individual's reentry planning.

11                ACTING PRESIDENT MAYER:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT MAYER:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT MAYER:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT MAYER:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   305, Senate Print 3337B, by Senator Gaughran, an 

25   act to amend the Civil Practice Law and Rules.


                                                               3415

 1                ACTING PRESIDENT MAYER:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT MAYER:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Gaughran to explain his vote.

10                SENATOR GAUGHRAN:   Thank you, 

11   Madam President.

12                Over the next few years this state 

13   will be paying billions of dollars to assist 

14   public local water entities and municipalities 

15   all over this state to deal with pollution in the 

16   water supply -- pollutants that are already there 

17   and recognized by the State of New York as 

18   contaminated, others that are emerging that the 

19   state will soon impose new regulations on.

20                This bill is very simple.  It pushes 

21   the burden, as much as it can, onto the polluters 

22   and away from the taxpayers.  It has been 

23   estimated that just to meet the new emerging 

24   contaminants with these new regulations, and just 

25   on Long Island, public water entities are going 


                                                               3416

 1   to have to pay over $840 million to deal with 

 2   this burden.

 3                So I thank the leadership for 

 4   allowing this bill to move forward and my 

 5   colleagues for supporting it, because this is 

 6   really vital to protect the taxpayers of this 

 7   entire state.  And I vote in the affirmative.

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Gaughran in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT MAYER:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   316, Senate Print 4308A, by Senator Gounardes, an 

16   act to amend the Retirement and Social Security 

17   Law.

18                ACTING PRESIDENT MAYER:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               3417

 1   the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT MAYER:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   412, Senate Print 4685A, by Senator Skoufis, an 

 7   act to amend the Public Officers Law.

 8                ACTING PRESIDENT MAYER:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

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

12   shall have become a law.

13                ACTING PRESIDENT MAYER:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT MAYER:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 412, those Senators voting in the 

20   negative are Senators Akshar, Amedore, Antonacci, 

21   Flanagan, Gallivan, Griffo, Helming, Jacobs, 

22   Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, 

23   Ritchie, Serino, Seward and Tedisco.

24                Ayes, 44.  Nays, 17.

25                ACTING PRESIDENT MAYER:   The bill 


                                                               3418

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   440, Senate Print 4641, by Senator Persaud, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT MAYER:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 90th day after it 

 9   shall have become a law.

10                ACTING PRESIDENT MAYER:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT MAYER:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 440, those Senators voting in the 

17   negative are Senators Akshar, Antonacci, Griffo, 

18   Jacobs, Jordan, LaValle, O'Mara, Ortt, 

19   Ranzenhofer, Serino and Tedisco.

20                Ayes, 50.  Nays, 11.

21                ACTING PRESIDENT MAYER:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   460, Senate Print 494, by Senator Rivera, an act 

25   to amend the Insurance Law.


                                                               3419

 1                ACTING PRESIDENT MAYER:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT MAYER:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Rivera to explain his vote.

10                SENATOR RIVERA:   Thank you, 

11   Madam President.  

12                I want to thank both Senator 

13   Sepúlveda for putting this on the agenda, as well 

14   as my leader for moving it to the floor.

15                Now, this is an expansion of a 

16   charitable bail organization bill that I passed 

17   all the way back in 2012.  I'm very proud of this 

18   piece of legislation.  It made possible the 

19   existence of charitable bail organizations like 

20   the Bronx Freedom Fund that exists in the Bronx 

21   and was actually the first one that existed in 

22   the state.

23                It allows for organizations, 

24   nonprofit organizations to post bail on behalf of 

25   indigent individuals.  Now, we have done much as 


                                                               3420

 1   it relates to bail this year, but this would 

 2   actually expand the charitable bail bill to make 

 3   sure that for those individuals that are not 

 4   covered by some of the changes that we achieved 

 5   during the budget, they actually get to be 

 6   considered.

 7                Now again, just to talk just for a 

 8   second about what the Bronx Freedom Fund has been 

 9   able to achieve.  In the three years it has been 

10   in effect, the bill, 96 percent of the Bronx 

11   Freedom Fund's clients have returned for every 

12   single court date.  And remember, again, what 

13   bail is.  It's not supposed to be punishment, it 

14   is supposed to be a way to make sure that you 

15   come back to court.

16                So 96 percent of the people that the 

17   Bronx Freedom Fund have posted on behalf of have 

18   had their day in court and have been able to go 

19   back home so they do not lose access to jobs or 

20   housing or custody of their children.  And 55 

21   percent of those for whom the Bronx Freedom Fund 

22   has posted bail have actually had their cases 

23   dismissed of all charges.  

24                So this works.  I am glad that we're 

25   able to expand it today, Madam President, and I 


                                                               3421

 1   will be voting in the affirmative.

 2                Thank you.

 3                ACTING PRESIDENT MAYER:   Senator 

 4   Rivera to be recorded in the affirmative.

 5                Senator Sepúlveda to explain his 

 6   vote.

 7                SENATOR SEPÚLVEDA:   Thank you, 

 8   Madam President, for allowing me to explain my 

 9   vote.  

10                First I want to thank Senator 

11   Rivera, Majority Leader Stewart-Cousins, and my 

12   colleagues.  I am so proud to be a cosponsor of 

13   this bill.  

14                The bill will amend the Insurance 

15   Law to enable charitable bail organizations to 

16   provide more effective assistance to indigent 

17   persons.  It would reduce the certification fee 

18   required for nonprofit organizations from $1,000 

19   to $500, to raise the monetary amount that such 

20   organizations may provide in bail assistance, and 

21   remove the geographic restrictions that an 

22   organization may only bail in one county.  

23                The system is already unfair, the 

24   cash bail system is already unfair to poor 

25   defendants.  Bail greatly influences case 


                                                               3422

 1   outcomes, especially for poor people.  People who 

 2   are released pretrial are more likely to be 

 3   acquitted than those who are not.  They are less 

 4   likely to take plea deals as a way to get out of 

 5   jail.

 6                Millions of Americans are 

 7   incarcerated while awaiting trial, sometimes for 

 8   very lengthy, unjustified periods, including 

 9   45,000 people in New York City alone.  They are 

10   in jail simply because they don't have the funds 

11   to post bail.

12                Charitable organizations can help 

13   assist with cash bail and help keep people out of 

14   jail.  Your stay in prison should not be 

15   dependent on the amount of money that you have, 

16   or your parents, or the zip code that you come 

17   from.

18                As a result of pretrial 

19   incarceration, individuals may lose their 

20   employment and housing, and this bill seeks to 

21   alleviate those possible consequences by enabling 

22   more nonprofit organizations to establish bail 

23   funds in the state and to provide assistance to 

24   individuals in need.

25                I vote affirmatively.  Thank you.


                                                               3423

 1                ACTING PRESIDENT MAYER:   Senator 

 2   Sepúlveda will be recorded in the affirmative.

 3                Senator Bailey to explain his vote.

 4                SENATOR BAILEY:   Thank you, 

 5   Madam President.

 6                I would echo the same sentiments of 

 7   Senator Sepúlveda.  

 8                And Senator Rivera, thank you for 

 9   not only introducing this bill but being a 

10   champion of it here and also back in our home 

11   borough of the Bronx.  We appreciate the work 

12   that you've been doing.  

13                To Leader Stewart-Cousins, thank you 

14   for allowing this to get to the floor.

15                The statistics that were shared by 

16   Senator Sepúlveda, I will not belabor the point, 

17   but I will simply state that this is another 

18   great step that we need to take in our state.  

19   Wealth-based detention is abhorrent, and people 

20   should not be in jail based upon their inability 

21   to pay to get out of jail.  This simply allows 

22   more organizations to be able to do more for more 

23   people.

24                And if we are in the business of 

25   helping people, we should be supporting pieces of 


                                                               3424

 1   legislation just like this.  

 2                I vote in the affirmative, 

 3   Madam President.  Thank you.

 4                ACTING PRESIDENT MAYER:   Senator 

 5   Bailey will be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 460, those Senators voting in the 

 9   negative are Senators Akshar, Amedore, Antonacci, 

10   Flanagan, Gallivan, Griffo, Helming, Jacobs, 

11   Jordan, Lanza, LaValle, Little, Martinez, O'Mara, 

12   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

13   Seward and Tedisco.

14                Ayes, 40.  Nays, 21.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   473, Senate Print 4756, by Senator Brooks, an act 

19   to amend the Executive Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 90th day after it 

24   shall have become a law.

25                ACTING PRESIDENT MAYER:   Call the 


                                                               3425

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT MAYER:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   477, Senate Print 3842B, by Senator Stavisky, an 

10   act to amend the Business Corporation Law.

11                ACTING PRESIDENT MAYER:   Read the 

12   last section.

13                THE SECRETARY:   Section 13.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT MAYER:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT MAYER:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 477, those Senators voting in the 

22   negative are Senators Antonacci and Lanza.

23                Ayes, 59.  Nays, 2.

24                ACTING PRESIDENT MAYER:   The bill 

25   is passed.


                                                               3426

 1                THE SECRETARY:   Calendar Number 

 2   484, Senate Print 3986, by Senator Stavisky, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT MAYER:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of January.

 8                ACTING PRESIDENT MAYER:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT MAYER:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT MAYER:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   522, Senate Print 3841, by Senator Gounardes, an 

18   act to amend the Retirement and Social Security 

19   Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.  

24                ACTING PRESIDENT MAYER:   Call the 

25   roll.


                                                               3427

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT MAYER:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 522, Senator Lanza voting in the 

 6   negative.

 7                Ayes, 60.  Nays, 1.

 8                ACTING PRESIDENT MAYER:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   523, Assembly Print 5386, substituted earlier by 

12   Assemblymember Abbate, an act to amend the 

13   Civil Service Law.

14                ACTING PRESIDENT MAYER:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT MAYER:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT MAYER:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT MAYER:   The bill 

25   is passed.


                                                               3428

 1                THE SECRETARY:   Calendar Number 

 2   527, Senate Print 2861, by Senator Parker, an act 

 3   to amend the Public Service Law.

 4                ACTING PRESIDENT MAYER:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT MAYER:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT MAYER:   Announce 

13   the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 527, those Senators voting in the 

16   negative are Senators Akshar, Antonacci, 

17   Gallivan, Helming, Jacobs, Jordan, O'Mara, Ortt, 

18   Ranzenhofer, Serino and Seward.  

19                Ayes, 50.  Nays, 11.

20                ACTING PRESIDENT MAYER:   The bill 

21   is passed.

22                Senator Gianaris, that completes the 

23   reading of today's calendar.

24                SENATOR GIANARIS:   Can we please 

25   take up the reading of the controversial 


                                                               3429

 1   calendar.

 2                ACTING PRESIDENT MAYER:   The 

 3   Secretary will ring the bell.  

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 57, 

 6   Senate Print 221A, by Senator Benjamin, an act to 

 7   amend the Judiciary Law.

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Griffo, why do you rise?

10                SENATOR GRIFFO:   Madam President, I 

11   believe there is an amendment before the desk.  I 

12   would waive the reading of that amendment and ask 

13   that Senator Akshar be heard on that.

14                ACTING PRESIDENT MAYER:   Thank you, 

15   Senator Griffo.

16                Upon review of the amendment, in 

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

18   nongermane and out of order at this time.

19                SENATOR GRIFFO:   Accordingly, 

20   Madam President, I would appeal that ruling and 

21   ask that you recognize Senator Akshar to be heard 

22   on the appeal.

23                ACTING PRESIDENT MAYER:   The appeal 

24   has been made and recognized, and Senator Akshar 

25   may be heard.  


                                                               3430

 1                SENATOR AKSHAR:   Madam President, 

 2   thank you very much.  At the end of the day, I 

 3   know we'll probably disagree, but nonetheless I 

 4   appreciate your indulgence.  

 5                I believe that this amendment is in 

 6   fact germane to the bill-in-chief because this 

 7   amendment, along with the bill-in-chief, deals 

 8   directly with the court system.  

 9                By classifying all offenses against 

10   law enforcement officers, firefighters, 

11   correction officers, and EMT personnel as hate 

12   crimes when specifically targeted, the amendment 

13   would provide enhanced protections at a time when 

14   we have seen an increase in violence against 

15   these individuals simply because of the uniform 

16   that they're wearing.  

17                The current law correctly provides 

18   additional penalties for individuals who target 

19   another solely based on their race, their color, 

20   their national original, their ancestry, their 

21   gender, their religion, age, disability and 

22   sexual orientation.  

23                I believe that these additional 

24   penalties should be applied to law enforcement 

25   members, firefighters, corrections officers and 


                                                               3431

 1   EMTs who are specifically targeted simply for 

 2   doing their job.

 3                And quite frankly, Madam President, 

 4   I can think of no better day to pass this 

 5   legislation than on the day when we have the 

 6   Police Officers Remembrance Memorial that many of 

 7   us were at.

 8                For everyone in this room who says 

 9   they support our first responders, now is the 

10   time to walk the walk and simply not just talk 

11   the talk.  I urge all of my colleagues to vote 

12   yes for this amendment.  

13                Thank you, Madam President.

14                ACTING PRESIDENT MAYER:   Thank you, 

15   Senator.  

16                I want to remind the house that the 

17   vote is on the procedures of the house and the 

18   ruling of the chair.  Those in favor of 

19   overruling the chair signify by saying aye.

20                (Response of "Aye.")

21                SENATOR GRIFFO:   Request a show of 

22   hands.

23                ACTING PRESIDENT MAYER:   A show of 

24   hands has been requested and so ordered.

25                (Show of hands.)


                                                               3432

 1                THE SECRETARY:   Ayes, 21.

 2                ACTING PRESIDENT MAYER:   The ruling 

 3   of the chair stands, and the bill-in-chief is 

 4   before the house.

 5                Are there any other Senators wishing 

 6   to be heard?

 7                Seeing and hearing none, debate is 

 8   closed.  

 9                The Secretary will ring the bell.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Madam President, 

12   without objection, can we restore this bill to 

13   the noncontroversial calendar.

14                ACTING PRESIDENT MAYER:   Without 

15   objection, so ordered.

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT MAYER:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT MAYER:   Senator 

23   Gallivan to explain his vote.

24                SENATOR GALLIVAN:   Thank you, 

25   Madam President.


                                                               3433

 1                Earlier today, as Senator Akshar 

 2   mentioned, we honored 63 members -- 63 police 

 3   officers who died in the line of duty whose names 

 4   were added to the New York Police Officers 

 5   Memorial.  And it was a wonderful ceremony.  Many 

 6   of our colleagues in the room attended.  Senator 

 7   Brooks represented the Majority Leader and the 

 8   Senate and did an outstanding job in speaking to 

 9   the families and honoring those that made the 

10   ultimate sacrifice on behalf of all our 

11   communities across this state.

12                When you add these names to the 

13   memorial, the number now totals 1567 names of 

14   police officers who have been killed in the line 

15   of duty across the State of New York protecting 

16   all of us and protecting all of our communities.

17                There's four names I want to mention 

18   that are on there:  Joseph Piagentini, Waverly 

19   Jones, Edward O'Grady, and Waverly Brown.  They 

20   are Herman Bell and Judith Clark's victims.  

21                Today it's my belief we're going in 

22   the wrong direction.  We are, several hours 

23   earlier, honoring those who are protecting all of 

24   us, and today we're giving rights to their 

25   killers.  I vote no.


                                                               3434

 1                ACTING PRESIDENT MAYER:   Senator 

 2   Gallivan will be recorded in the negative.

 3                Senator Akshar to explain his vote.

 4                SENATOR AKSHAR:   Madam President, I 

 5   wholeheartedly agree with Senator Gallivan.  We 

 6   are going in the wrong direction.  

 7                And today, quite frankly, is another 

 8   sad day for the people of this great state.

 9                The scales of justice should always 

10   be balanced.  And what we are seeing today is the 

11   exact opposite, by the policies that we are 

12   seeing come from across the aisle.  In fact, I 

13   would respectfully offer that the policies that 

14   we're putting forth have our fingers on the 

15   scales of justice -- for criminals, not 

16   law-abiding citizens.  And it's doing nothing but 

17   deluding the current criminal justice system.

18                I am truly beginning to wonder, as I 

19   sit in this body, if we are working for the 

20   taxpayer, if we are working for the law-abiding 

21   citizens, or if we're working for those who are 

22   incarcerated and those who violate law-abiding 

23   citizens.

24                Today, the Police Memorial 

25   Remembrance Ceremony, it was a somber reminder 


                                                               3435

 1   that there are men and women who have in fact 

 2   laid their lives down for their communities:  

 3   1,567 names, 1,567 people who have been killed 

 4   protecting the people of this great state.

 5                And on this very day when we 

 6   remember them, what does this body do?  I'll tell 

 7   you what some of you did.  You rejected the 

 8   amendment and you doubled down on your support 

 9   for criminals.  We rejected an amendment that 

10   would have really showed our first responders 

11   that we have their back.  It would have really 

12   showed the first responders that we appreciate 

13   them, that we stand up for them, and that we, 

14   this very body, ensure that they are protected.  

15   But no, the Majority couldn't be bothered.  

16                Today I'm proudly standing with my 

17   brothers and sisters in blue and am voting no on 

18   this bill.

19                Thank you, Madam President.

20                ACTING PRESIDENT MAYER:   Senator 

21   Akshar to be recorded in the negative.

22                Senator Sepúlveda to explain his 

23   vote.

24                SENATOR SEPÚLVEDA:   Thank you, 

25   Madam President, for allowing me to explain my 


                                                               3436

 1   vote.

 2                I want to thank Senator Benjamin, 

 3   our leader, and my colleagues.  

 4                I'm also very proud to cosponsor 

 5   this legislation.  This legislation relates to 

 6   removing the lifetime ban on jury duty for 

 7   convicted felons who have completed their 

 8   sentencing.  Most states already allow convicted 

 9   felons who have finished their sentence to 

10   participate in jury duty.

11                If a person has completed their 

12   sentence, that person should be considered 

13   rehabilitated and given an opportunity to have 

14   their full rights of citizenship restored, 

15   including their rights to serve on a jury.  When 

16   we start to take away those rights, we impair our 

17   democratic principles.  

18                Today an estimated 19.8 million 

19   people, which is roughly about 9 percent of the 

20   U.S. population, currently live with a felony 

21   conviction record.  That is 19.8 million 

22   Americans who cannot serve on juries and take 

23   part in our justice system.  

24                A study was conducted in the State 

25   of Maine, which is the U.S. jurisdiction that 


                                                               3437

 1   does not restrict a convicted felon's opportunity 

 2   to serve as a juror, and it revealed that 

 3   convicted felons displayed a dedicated view to 

 4   serve on juries, stressing a commitment to serve 

 5   conscientiously.  Inclusion in the jury process 

 6   facilitated pro-social identity shifts by 

 7   mitigating the felon label, and helped former 

 8   offenders find personal value.  The study also 

 9   demonstrates that serving on a jury can help 

10   reintegrate them into society by helping build 

11   their self-confidence and view themselves as 

12   equal to other citizens, findings that suggest 

13   that felon-jurors thoughtfully engage in jury 

14   deliberations and their presence may lead to more 

15   just jury outcomes.  

16                We should be encouraging everything 

17   as policy that would help them become productive 

18   members of society and reintegrate themselves in 

19   our country.

20                Thank you.

21                ACTING PRESIDENT MAYER:   Senator 

22   Sepúlveda to be recorded in the affirmative.

23                Senator Bailey to explain his vote.

24                SENATOR BAILEY:   Thank you, 

25   Madam President.


                                                               3438

 1                I wasn't going to speak on this one, 

 2   but I first want to say I appreciate the service 

 3   of Senator Gallivan and Senator Akshar as members 

 4   of law enforcement.  

 5                But in reading this bill, felons 

 6   being able to serve on juries doesn't -- I don't 

 7   see the direct connection with not respecting 

 8   police or not being in appreciation of our men 

 9   and women in blue or doing something that is an 

10   affront to them.  I don't see that correlation. 

11                What I see is that if you look in 

12   the Penal Code, that felons are not just violent, 

13   they're not just murderers, they are people who 

14   are convicted of nonviolent things.  Imagine 

15   that, nonviolent felons.  So if a nonviolent 

16   felon who has been convicted and served their 

17   time cannot reenter and not serve on a jury -- I 

18   just don't see the opposition to something that 

19   simple.

20                Again, these are rights about people 

21   who have gone through the process.  And the 

22   assumption is that after you've gone through the 

23   process, you have been rehabilitated, or to the 

24   best of the ability that the system currently 

25   allows.


                                                               3439

 1                But when people go through that 

 2   system, they should be allowed to reenter 

 3   society.  And we talk about being a society of 

 4   second chances, but I guess second chances depend 

 5   on certain zip codes to some folks, I don't know.

 6                Second chances matter.  Allowing 

 7   people to participate in a jury pool -- which 

 8   again, if you speak to a layperson, people are 

 9   calling up the county clerk's offices trying to 

10   get out of jury duty.  Why shouldn't we allow 

11   people the opportunity to serve?  That's a 

12   question I would posit rhetorically to any of my 

13   colleagues, regardless of side of the aisle.  

14                Madam President, I vote aye.  

15   Senator Benjamin, thank you for advancing this 

16   legislation.

17                ACTING PRESIDENT MAYER:   Senator 

18   Bailey to be recorded in the affirmative.

19                Senator Parker to explain his vote.

20                SENATOR PARKER:   Thank you, Madam 

21   President, to explain my vote.  

22                First let me begin by thanking 

23   Senator Benjamin for putting forward this 

24   important legislation.  I agree with Senator 

25   Bailey when he says that America is a place of 


                                                               3440

 1   second chances, and certainly the State of 

 2   New York ought to be a place of second chances.  

 3                We should not be throwing people 

 4   away.  People make mistakes.  Some people make 

 5   grievous mistakes and shouldn't be returned to 

 6   society.  But that's not our decision; that's the 

 7   decision of our criminal justice system.  That's 

 8   the decision of judges and juries.  And when they 

 9   make those decisions, then in fact we should 

10   abide by those decisions.  

11                When in fact people are given 

12   sentences and then allowed to return to society, 

13   then we should integrate those people back into 

14   society.  Right?  And we have parole boards, 

15   right, that make determinations about that.  And 

16   so here, once we've allowed somebody to return 

17   into society, we should allow them to recoup 

18   their rights.  And certainly this is a basic 

19   right.  It will increase our jury pools and will 

20   certainly do much to make sure that people are 

21   not returning to prison because they'll feel more 

22   responsible to their communities.  

23                And certainly we certainly 

24   understand that this kind of false dichotomy 

25   between reintegrating people who have served 


                                                               3441

 1   their time to society and have been released 

 2   through the proper channels to society, returning 

 3   their rights is -- has no opposition to 

 4   supporting our first responders or law 

 5   enforcement.  

 6                The reality is that we respect our 

 7   law enforcement, we need them to protect our 

 8   communities.  And once they've done their job -- 

 9   and we commend them on the job they've done -- 

10   and we've prosecuted people, to then allow those 

11   people, once they've paid their debt to society, 

12   to be returned to rights is no conflict.  

13                I vote aye on this bill and am 

14   looking forward to more work that we can do to 

15   help, you know, reinvest people in our 

16   communities and make this state the kind of state 

17   that we'd be proud to live in.

18                ACTING PRESIDENT MAYER:   Thank you.  

19   Senator Parker to be recorded in the affirmative.

20                Senator Myrie to explain his vote.

21                SENATOR MYRIE:   Thank you, 

22   Madam President.  

23                I'd like to thank the sponsor of the 

24   bill, Senator Benjamin, my colleague.  

25                I, like Senator Bailey, did not plan 


                                                               3442

 1   to speak on this bill, but I think it is 

 2   important to address what is being discussed in 

 3   this chamber.  Consider the choice that our 

 4   friends on the other side of the aisle are asking 

 5   us to make:  Either you support law enforcement 

 6   or you support the rights of individuals.  You 

 7   cannot do both at the same time.  

 8                That is a discussion that is being 

 9   put forth in this chamber, and it is a dangerous 

10   one.  Because this is not the first time that we 

11   will be expanding the rights and it is not the 

12   last time that we will be expanding the rights of 

13   those that are entitled to it.

14                We support our first responders.  We 

15   live with our first responders.  Our first 

16   responders live amongst us.  We interact with 

17   them on a daily basis, so we have a profound 

18   respect for the work that they do.

19                But we also have a profound 

20   respect for the rights that individuals are 

21   entitled to.  And the rehabilitation and 

22   reintegration of those who have made mistakes in 

23   their lives is paramount to public safety -- 

24   public safety that my friends claim to want to 

25   uphold.


                                                               3443

 1                So I proudly vote in the affirmative 

 2   for this bill today, because the integration of 

 3   those who have made mistakes is critical to the 

 4   success of our communities, and we can do that 

 5   while supporting our first responders at the same 

 6   time.

 7                Thank you, Madam President.

 8                ACTING PRESIDENT MAYER:   Senator 

 9   Myrie to be recorded in the affirmative.

10                Senator Jackson to explain his vote.

11                SENATOR JACKSON:   Thank you, 

12   Madam President and my colleagues.  I rise to 

13   support our colleague Senator Benjamin and this 

14   bill.

15                I've served on many juries.  And as 

16   you know, when you enter the pool, attorneys have 

17   the right to question you to determine whether or 

18   not, in their opinion, you're fit to serve or 

19   whether they want to challenge you as a juror in 

20   order to try to excuse you.  That's part of the 

21   law.  That's part of the process.

22                And I agree with my colleague 

23   Senator Myrie.  This is not about law enforcement 

24   versus people's rights.  People have rights, and 

25   we expect them to, you know, to abide by those 


                                                               3444

 1   rights.  And we expect law enforcement to respect 

 2   that, just like we respect them.

 3                I served in the City Council.  I 

 4   have received cufflinks from the commissioner of 

 5   the Police Department and the commissioner of the 

 6   Fire Department, and I wear them sometimes one 

 7   blue and one red, for NYPD and FDNY.  And why do 

 8   I wear them?  Because when we as citizens, we 

 9   have an emergency, we dial 911.  

10                And I say to all of you, this is not 

11   one versus the other.  This is about respecting 

12   the men and women in blue and all of the first 

13   responders and also giving people what their 

14   rights are after they've served their time in 

15   prison and they're coming back to their 

16   communities to live their lives.  And that's what 

17   this is about.

18                So Senator, thank you for putting 

19   forward the bill, and I vote yes on this bill.

20                ACTING PRESIDENT MAYER:   Senator 

21   Jackson to be recorded in the affirmative.

22                Senator Hoylman to explain his vote.

23                SENATOR HOYLMAN:   Thank you, 

24   Madam President.

25                I wanted to thank Senator Benjamin 


                                                               3445

 1   for this legislation, which I was happy to move 

 2   through the Judiciary Committee.

 3                You know, I am overwhelmed by the 

 4   amount of sanctimony coming from our friends 

 5   across the aisle.  And the notion that somehow 

 6   our conference is doing the bidding of criminals, 

 7   as it was said, is absolutely ludicrous.  It's 

 8   ludicrous, Madam President, because for the last 

 9   decade -- for the last decade, our friends across 

10   the aisle blocked the Child Victims Act.  For the 

11   last decade, our friends across the aisle took 

12   every step, procedural and otherwise, to make 

13   certain that the survivors of child sexual abuse, 

14   the victims of the most heinous crimes in our 

15   society, were not afforded justice in the State 

16   of New York.  

17                I am appalled that there would be a 

18   suggestion that somehow you now have the moral 

19   high ground when it comes to victims' rights.  

20                Madam President, I vote aye.

21                ACTING PRESIDENT MAYER:   Senator 

22   Hoylman to be recorded in the affirmative.

23                Senator Savino to explain her vote.

24                SENATOR SAVINO:   Thank you, 

25   Madam President.


                                                               3446

 1                I also was not going to speak on the 

 2   bill, but I think it's important that we do set 

 3   that record straight.

 4                You know, as they say, it's okay to 

 5   disagree without being disagreeable.  And I don't 

 6   think that we should equate these issues to 

 7   suggest for one minute that the restoration of 

 8   the ability to serve on a jury -- and let's think 

 9   about this.  More and more of us fight every day 

10   to get out of jury duty, Senators, you know, and 

11   felons alike.  Nobody wants to serve on jury 

12   duty.  

13                I think Senator Jackson mentioned 

14   how attorneys on both sides of this issue will 

15   probably vigorously object to anyone who had a 

16   felony conviction who had their rights restored 

17   to be able to serve on jury duty from even 

18   serving on that jury.  So in some respects maybe 

19   none of these people will ever serve on a jury.  

20   And I would guarantee you they don't want to, 

21   anymore than the rest of us do.

22                But convicted felons, after they've 

23   served their time and they've met their 

24   sentencing requirements, are entitled to request 

25   the restoration of a whole lot of rights -- 


                                                               3447

 1   voting rights, if they've had a license revoked, 

 2   they can apply for that.  There's a lot of things 

 3   you get the right to have restored to you if you 

 4   have served your time and paid your price to 

 5   society.  

 6                So why not let them sit on jury duty 

 7   too?  None of the rest of us want to do it.

 8                But I will say I'm not going to 

 9   allow you to get away with saying that we don't 

10   care about men and women in law enforcement.  I'm 

11   just not going to let you do that.  In fact, I 

12   voted for your bill when it was on the floor in 

13   this house when it passed.  I voted for it 

14   yesterday in the Judiciary Committee.  I was 

15   criticized then, and I'm going to get criticized 

16   today for not voting for a hostile amendment.  

17                But to suggest that if we think it's 

18   okay for people who don't want to serve on jury 

19   duty to be able to have that right restored to 

20   them, somehow that means we don't care about men 

21   and women who are serving in uniform?  I'm not 

22   going to let you do that.  Because you know 

23   that's not true.  You know that's not true.  You 

24   know that's not true.  You all know that's not 

25   true.


                                                               3448

 1                Vote against the bill because you 

 2   don't think felons should have the wisdom or the 

 3   ability to sit and judge people or judge a jury.  

 4   I accept that.  But don't vote against the bill 

 5   because somehow or other you think we're opposed 

 6   to law enforcement and we're empowering 

 7   criminals.  

 8                I vote in favor of the bill, 

 9   Madam President.

10                ACTING PRESIDENT MAYER:   Thank you.  

11   Senator Savino to be recorded in the affirmative.

12                Senator May to explain her vote.

13                SENATOR MAY:   Thank you, 

14   Madam President.  

15                And thank you, Senator Benjamin, for 

16   this bill.  

17                I would like to invite my colleagues 

18   across the aisle to join me on a walk with 

19   OG's Against Gun Violence, which is an incredible 

20   group in Syracuse started by a true hero, 

21   Cliff Ryan, who served time and doesn't want 

22   anyone else to serve time.  And so he walks to 

23   the most dangerous spots in town, the places 

24   where violence is most likely to break out, and 

25   he intervenes and he stops young people from 


                                                               3449

 1   getting involved in gun violence.  

 2                He has stepped in between people who 

 3   were about to shoot each other, and he has been 

 4   injured numerous times.  He now trains a lot of 

 5   other former felons to do the same thing, to walk 

 6   around and talk to young people and teach them 

 7   about right and wrong, about the consequences of 

 8   their actions, and to keep them from harm.

 9                It is incredibly beautiful and 

10   powerful to watch him at work and go out with him 

11   and walk the streets.  I would trust no one more 

12   than Cliff Ryan to sit on a jury and make wise 

13   decisions about right and wrong, as I said, and 

14   about what the consequences should be of our 

15   actions.

16                I really do believe that this bill 

17   honors life experience that we should honor and 

18   we should respect, people who have served their 

19   time and been rehabilitated and want to serve 

20   society again.  

21                So I proudly vote in favor of this 

22   bill.  Thank you.

23                ACTING PRESIDENT MAYER:   Senator 

24   May to be recorded in the affirmative.

25                Senator Amedore to explain his vote.


                                                               3450

 1                SENATOR AMEDORE:   Thank you, 

 2   Madam President.  

 3                I think we're getting lost in the 

 4   narrative in the -- we're starting to get into 

 5   the partisan politics here.  Let's think about 

 6   what we're talking about with this bill.  

 7                We're talking about individuals who 

 8   are convicted felons, who made mistakes, whether 

 9   it was violent or nonviolent.  They went to jail, 

10   they paid their price.  Now we're talking about 

11   having them reenter back into society as 

12   law-abiding citizens, hopefully, because they 

13   paid the price, because maybe they learned and 

14   they asked for forgiveness and they got 

15   rehabilitated.  But they're still labeled as a 

16   felon and they still do not have the rights 

17   because they are labeled "felon."

18                So this bill singles out one 

19   specific right or the ability for a felon to 

20   basically enjoy their freedoms and liberties or 

21   their rights as a citizen of this country, the 

22   right to -- because it removes the lifetime ban 

23   on jury duty.

24                The sponsor of this bill or the 

25   Majority is not, is not removing all the other 


                                                               3451

 1   lifetime bans that a felon has to live with when 

 2   he or she is convicted a felon.

 3                Where is there the restoration of 

 4   the right to go and get your job back and trade 

 5   on the security market if you're a convicted 

 6   felon?  Where is there the right to your Second 

 7   Amendment, that you can get your guns or your 

 8   firearms back?  Or driver's license back?  Or 

 9   specific rights and liberties that they lost 

10   because they are a felon?  

11                This bill doesn't do that.  This 

12   bill allows a felon to sit on jury duty.  That's 

13   it.  I don't think if we're going to restore the 

14   rights of men and women who paid the price and 

15   went through the harsh incarceration, comes back 

16   into society, I think then we should be 

17   discussing how are we going to bring them back 

18   into society as a whole American citizen and not 

19   just a felon that has a right just to do one 

20   special duty, to sit on a jury.  

21                And that's why, Madam President, I 

22   vote no.

23                ACTING PRESIDENT MAYER:   Senator 

24   Amedore to be recorded in the negative.

25                Senator Krueger to explain her vote.


                                                               3452

 1                SENATOR KRUEGER:   Thank you, 

 2   Madam President.

 3                So I suggest Senator Amedore submit 

 4   a bill removing all these lifetime bans that he 

 5   thinks felons have to live under in New York 

 6   State.  I actually can't find too many when I was 

 7   just doing a Google search, certainly not ones 

 8   that you can't petition a court to get resolved 

 9   for yourself.

10                But it is clear, from listening to 

11   my colleagues on both sides of the aisle, that 

12   this is not really an argument about what it's 

13   about.  So thank you, Senator Savino, for 

14   pointing out that no party gets to declare the 

15   other party doesn't care about law enforcement or 

16   first responders.  That is insulting and absurd, 

17   and everyone knows that.

18                But also thank you to Senator 

19   Benjamin for putting this bill on the floor 

20   today.

21                Many people commit felonies.  The 

22   vast majority do their time and don't recommit 

23   and don't go back to jail.  And the best way to 

24   make sure that people don't become recidivist 

25   criminals is to ensure that when they complete 


                                                               3453

 1   doing their time and they have shown an ability 

 2   for rehabilitation, that you welcome them back 

 3   into a society, that you support their ability to 

 4   return to their families, to get jobs, to pay 

 5   taxes, to be a full member of our society.  

 6                And that means, in the United States 

 7   of America, the right to sit on a jury of your 

 8   peers.

 9                And guess what?  If 7 or 8 percent 

10   of the population ends up with felony 

11   convictions, then a jury of your peers would 

12   probably need to reflect 7 or 8 percent of the 

13   members of juries having been through that 

14   experience themselves.  Because I'm not sure what 

15   can teach you better the path you ought to be 

16   taking versus not taking than having to go 

17   through the experience of going to jail yourself.

18                So the research shows that people 

19   who committed felonies and were allowed to be 

20   jurors actually proved to be exceptionally good 

21   jurors.  As we are hearing from colleagues today, 

22   there are too many people who don't want to serve 

23   on juries, avoid it at all costs.  And the fact 

24   that you'll have some subuniverse of people with 

25   felonies who don't feel the exact same way and 


                                                               3454

 1   want to do their duty as a citizen of this 

 2   country to participate in juries -- I applaud 

 3   them.  

 4                And I see no reason why anyone would 

 5   want to stand in the way of making sure that we 

 6   do treat people who have done their time with the 

 7   full respect and belief that they can be moved 

 8   forward as our colleagues, our neighbors, our 

 9   family members, and our jury partners.

10                Thank you.  I vote yes, 

11   Madam President.

12                ACTING PRESIDENT MAYER:   Senator 

13   Krueger to be recorded in the affirmative.

14                Senator Lanza to explain his vote.

15                SENATOR LANZA:   Thank you, 

16   Madam President.

17                You know what?  I agree with a lot 

18   of what has been said on both sides of the aisle, 

19   and I disagree with some things that have been 

20   said by each.  

21                I agree, for example, with 

22   Senator Parker that we ought not throw human 

23   beings away.  I was raised to believe that one of 

24   the best things we can do, as brothers and 

25   sisters, is to forgive each other.  It's 


                                                               3455

 1   important.

 2                I agree with Senator Amedore that if 

 3   we're going do that, though, that we've got to 

 4   exercise good judgment.  Why is it that a lawyer 

 5   who commits a felony can never practice his or 

 6   her trade again?  Maybe that is something we 

 7   ought to look at when we do this.

 8                I was going to support this; I'm not 

 9   at this time.  I think we ought to -- Senator 

10   Benjamin is a person that always does the right 

11   thing, in my experience with him.  The fact that 

12   it is he who is the author of this goes a long 

13   way for me in believing that it is a something -- 

14   a step in the right direction.  

15                But I heard this -- the door opened 

16   about this side not caring about kids because of 

17   the Child Victims Act.  You know, the truth of 

18   the matter is for years that bill only cared 

19   about you as a victim if the perpetrator was part 

20   of a religious organization.  And that's the 

21   truth.  

22                I know the communications person 

23   again is going to say, well, that's not true, our 

24   bill included everyone.  Well, it didn't, because 

25   it was changed only a week before we passed it 


                                                               3456

 1   here.  And if you believe that the statute of 

 2   limitations is something that prevents justice 

 3   from occurring, then you ought to get rid of the 

 4   statute of limitations for everything if that's 

 5   the reason why people can't obtain justice. 

 6                But we have this all-or-nothing 

 7   approach here in Albany:  My bill or the highway.  

 8   I think there's plenty of room here on an issue 

 9   like this where we can look at felony 

10   classifications and say, hey, yeah, there's 

11   something that someone did that really doesn't 

12   bear on their judgment, really, in terms of once 

13   they've paid their due and now they're back in 

14   the community.  

15                But, you know, I listened to Senator 

16   Hoylman and he made me think of the fact that, 

17   for instance, you know, a man who rapes a little 

18   boy is probably a person we should never have 

19   serve on a jury, ever.  I can forgive, but I 

20   can't forget when it comes to certain things like 

21   that.  

22                So maybe we ought to get past this 

23   all-or-nothing approach and really sit down and 

24   talk and say, hey, we're with you 80 percent, 

25   90 percent on this bill, but would you at least 


                                                               3457

 1   consider some of the concerns we have, and maybe 

 2   we'd have more bipartisan support for legislation 

 3   here in Albany, which I think would be a good 

 4   thing.  

 5                Madam President, sadly, I vote in 

 6   the negative.

 7                ACTING PRESIDENT MAYER:   Senator 

 8   Lanza to be recorded in the negative.

 9                Senator Montgomery to explain her 

10   vote.

11                SENATOR MONTGOMERY:   Yes, thank 

12   you, Madam President.

13                I just want to say for my 

14   colleagues, if you ever want to see a program 

15   that is run for formerly incarcerated people for 

16   the purposes of helping them to have a successful 

17   reentry, I have any number of organizations that 

18   do exceptional work, and 90 percent of them are 

19   run by formerly incarcerated people.  

20                So I find people who have the 

21   experience to be experts in this particular area.  

22   So I just want to offer you that bit of 

23   information.  

24                And I agree with Senator Amedore.  I 

25   wish we were doing more, Senator Amedore.  You're 


                                                               3458

 1   right, there are many more things that we need to 

 2   be doing.  But I find that this particular bill 

 3   is for a very specific issue, and that is to 

 4   remove the lifetime ban for anyone who wants to 

 5   serve on jury duty to be eligible to serve on 

 6   jury duty even though they were formerly 

 7   incarcerated.  

 8                It establishes the same standards as 

 9   we have for other areas of reentry -- i.e., 

10   voting privileges.  So that's why I'm very much 

11   in favor of this bill.  Thank you very much, 

12   Senator Benjamin, for taking us one step more 

13   into successful reentry.  

14                And certainly we do not want to lose 

15   the benefit of people who have the keenest sense 

16   of understanding of people who might come before 

17   them and be on a jury, because they've been there 

18   and they understand, like perhaps many of us 

19   would not have the same sensitivity and 

20   understanding as people who actually have been 

21   through it and have lived it.

22                So I'm very much in favor of this.  

23   And I hope that as Senator Amedore has pointed 

24   out, we can take this as an indication that we 

25   need to go further.  And I'm saying this right 


                                                               3459

 1   here and now, this was a Republican suggestion 

 2   that it's time for us to do more to help people 

 3   successfully reenter through this process of 

 4   restoring their rights as citizens.

 5                So Madam President, I vote aye.

 6                ACTING PRESIDENT MAYER:   Senator 

 7   Montgomery to be recorded in the affirmative.

 8                Senator Rivera to explain his vote.

 9                SENATOR RIVERA:   Thank you, 

10   Madam President.

11                There's many points that have been 

12   made incredibly well by many of my colleagues -- 

13   Senator Bailey, Senator Myrie.  So I will only 

14   reiterate that everything that they've said is 

15   absolutely 1000 percent on point.  

16                I thank Senator Benjamin for 

17   bringing this to the floor.  And I actually want 

18   to thank Senator Montgomery, because she 

19   actually -- one of the points that I was going to 

20   make -- I'm going to make two points, and one of 

21   them was actually covered by Senator Montgomery.  

22                The reality is that on this floor we 

23   have been referring to those people as felons, 

24   inmates, as prisoners.  And this is a battle that 

25   I'm probably not going to win with most folks in 


                                                               3460

 1   this room, but I would like to posit to all of 

 2   you that, much like I did many weeks back when we 

 3   were referring to "illegals" and the way that 

 4   many folks across the aisle -- and sometimes on 

 5   my side -- use those words, it is a way to 

 6   dehumanize individuals.  

 7                Senator Montgomery used the term 

 8   "formerly incarcerated," which was actually 

 9   taught to me by people who were actually formerly 

10   incarcerated, individuals who have served their 

11   time, who have done the responsible thing, who 

12   have accepted responsibility for the actions that 

13   they've taken and now have tried to reenter 

14   society.  And many of them, much like the ones 

15   that Senator Montgomery describes, have done 

16   amazing work in some of our districts and yours 

17   as well.  

18                So I would suggest -- again, I'm 

19   pretty sure I'm going to lose on this.  But I 

20   would suggest that when you think about these 

21   individuals, they are people too.  And that using 

22   the term "felon" or "prisoner" or "inmate" is a 

23   way to dehumanize those individuals, and that is 

24   a bad place to start.

25                Second, I would suggest particularly 


                                                               3461

 1   to my colleagues across the aisle if you are into 

 2   some reading, maybe you'd like to pick up a book 

 3   called The New Jim Crow.  There is an amazing 

 4   author by the name of Michelle Alexander, all the 

 5   way back in 2010, who wrote a book called The New 

 6   Jim Crow:  Mass Incarceration in the Age of Color 

 7   Blindness.  And what she pointed out 

 8   magnificently in this book was the fact that 

 9   unlike the view that many folks might share that 

10   the system of justice is perfect and that 

11   therefore those people -- those felons, as many 

12   folks in this room have referred to them -- who 

13   have committed mistakes, those are different from 

14   us, and so we must put them away someplace and 

15   maybe not do anything to rehabilitate them, 

16   et cetera, et cetera.  

17                She points out the fact that the 

18   entire system -- her theory, which I believe is 

19   absolutely accurate, is it's a new way, a new 

20   Jim Crow.  It's a new way to take people of 

21   color, particularly black men and women, 

22   particular black young men, and put them into a 

23   system in which they are closed off from things 

24   that they should have access to in society, like 

25   voting, like being part of a jury pool, like 


                                                               3462

 1   living in public housing, et cetera, et cetera, 

 2   et cetera.  

 3                So as we continue with bills like 

 4   Senator Benjamin's -- and I'm very thankful that 

 5   he introduced it -- and many other ones that we 

 6   will continue to introduce, that we will continue 

 7   to pass, we will do so thinking about the fact 

 8   that we don't have a perfect criminal justice 

 9   system and that the realities of the outcome of 

10   this system is to criminalize poverty, is to 

11   criminalize people of color.  And we're trying to 

12   correct that.  

13                In different ways we will do it.  

14   First by referring to these folks as individuals, 

15   as formerly incarcerated would be one thing.  

16   Second, to do a little bit of reading.  

17                I vote in the affirmative, 

18   Madam President.

19                ACTING PRESIDENT MAYER:   Thank you.  

20   Senator Rivera to be recorded in the affirmative.

21                Senator Robach to explain his vote.

22                SENATOR ROBACH:   Yes, I appreciate 

23   all the dialogue today.  I wasn't planning on 

24   speaking on this either, but this is fascinating, 

25   and there was a lot of relevant things and a lot 


                                                               3463

 1   of different issues.  

 2                I guess my lens is a little bit 

 3   different.  I want to focus not on law 

 4   enforcement, not on the offenders, but on the 

 5   victims for a minute.

 6                There's no question to me -- and 

 7   I've worked in the criminal justice system.  I 

 8   think this bill would be much better if it took 

 9   out violent felons for a start, not give them 

10   more rights.  And the reason why I tell you this 

11   is -- we may disagree; I'm not sure how this 

12   rehabilitates anybody.  But I get the 

13   dehumanizing part for them.  But sometimes, you 

14   know, as Berretta said, "If you do the crime, you 

15   gotta do the time," and you've got to live up to 

16   the responsibility.  

17                But here's where Real-Talk Robach, 

18   representing a lot of people in the urban 

19   community who have had children get killed by 

20   offenders and repeat offenders -- and when the 

21   sentence comes out and they feel it's too short, 

22   I would hate to face that family and say I voted 

23   for a bill that let two individuals that already 

24   killed somebody, that somehow got on that jury, 

25   make that decision.  Because they're going to 


                                                               3464

 1   feel the system was stacked against them.

 2                And one thing I do agree with 

 3   Senator Rivera is we do have to make sure the 

 4   system works as best it can for everybody.  But 

 5   there's more than offenders and people that 

 6   uphold the law in this system, and that's all the 

 7   people in our districts and the people that 

 8   unfortunately get ripped apart by all kinds of 

 9   crime.  

10                And I ask you -- I know I'm not 

11   going to change anybody's vote, but let's say it 

12   was your family member and you found out that the 

13   person that allegedly shot your loved one, and 

14   the evidence seemed pretty good, but you didn't 

15   get the result you wanted, and then you found out 

16   after the fact that they in fact had done that 

17   very crime 10 years earlier, I don't think you'd 

18   think that was a good system.  

19                And that's why this is a bad 

20   precedent and a bad bill.  I vote no, 

21   Mr. President -- or, excuse me, Madam President.

22                ACTING PRESIDENT MAYER:   Senator 

23   Robach to be recorded in the negative.

24                Senator Ranzenhofer to explain his 

25   vote.


                                                               3465

 1                SENATOR RANZENHOFER:   Thank you.  

 2                Like some of my colleagues, the 

 3   conversation here has been very interesting.  And 

 4   it's interesting that we are debating a bill to 

 5   allow people to serve on jury duty when 

 6   99 percent of the people do all that they can to 

 7   try to get out of jury duty.

 8                But to Senator Rivera's question 

 9   about why are we using the word "felons" in our 

10   discussion, it's a dehumanizing word -- well, let 

11   me just go to the bill.  So the title of the bill 

12   says it's an act to amend the Judiciary Law in 

13   relation to removing the lifetime ban on jury 

14   duty for convicted felons who have completed 

15   their sentencing.

16                I mean, that's why we're talking 

17   about convicted felons, because that's what is in 

18   the bill.  That's what the language of the bill 

19   says.  That's what the bill's sponsor wrote in 

20   the law, that's what the bill's sponsor wrote in 

21   the memo when describing the purpose, to remove 

22   the lifetime ban on jury duty for convicted 

23   felons.  Not a word that I chose.  When I'm using 

24   the word "convicted felons," I'm not trying to 

25   dehumanize anybody.  But that's what the language 


                                                               3466

 1   of the bill says.  That's what the sponsor's memo 

 2   says.

 3                So, you know, in answer to your 

 4   question why are we using this language, why are 

 5   we using this inflammatory language, a member of 

 6   the Senate introduced a bill and put that -- what 

 7   you would call inflammatory language in the bill.  

 8   That's why we're talking about it.  That's the 

 9   language that's in the law, that's the language 

10   that's defined in the bill, that's the language 

11   that's in the memo.

12                So I would respectfully disagree 

13   with you that anybody on either side of the aisle 

14   is trying to inflame the issue by using that 

15   language when one of our colleagues is using the 

16   language to describe the bill.

17                I wanted to also address the issue 

18   of the high moral ground.  I heard one of the 

19   Senators on the other side mention about the high 

20   moral ground, and I keep on hearing what happened 

21   over the last decade.

22                So I'm one of two members in this 

23   chamber who have been here for exactly one 

24   decade.  And in the one decade, my first two 

25   years, Democrats were in control of the Senate, 


                                                               3467

 1   and the last eight years was Republican.  So 

 2   under the two years that the Democrats were in 

 3   control and the Child Victims Act was there, it 

 4   was not brought to the floor for a vote.  Not 

 5   because anybody had better morals than the 

 6   others, but it was a bad bill at that time.  And 

 7   the last eight years when Republicans were in 

 8   control, we were dealing with the Child Victims 

 9   Act.  The reason why that bill didn't pass is 

10   because it was a bad bill.  And most people 

11   believed it was a bad bill.  

12                And no disrespect to the sponsor, 

13   but this year when the bill changed -- because 

14   many of us have been on different versions of the 

15   Child Victims Act.  But this year, finally, when 

16   the sponsor amended the bill, when the bill 

17   became a fair bill, when the bill finally went 

18   from becoming a bad bill to a good bill, it was 

19   passed and I think it was passed either nearly 

20   unanimously or unanimously.

21                So in conclusion -- and we talk 

22   about the right.  There is a right for a criminal 

23   defendant to have a certain type of jury.  

24   There's no right to serve on a jury.  That's a 

25   privilege that we have in our state.  It's a 


                                                               3468

 1   privilege, it's not a right.  The right is for 

 2   the defendant to have a jury of his peers.

 3                So the point is, well, who should 

 4   have that privilege?  Just like we decide who 

 5   should have the privilege of a driver's license, 

 6   who should have the privilege of a teacher's 

 7   license.  Who should have these privileges?  

 8                So I believe that there is a 

 9   distinction.  There are certain people that have 

10   been convicted of felonies that in my judgment, 

11   for the community members that I represent, 

12   should never serve on a jury.  Now, is that a 

13   vast majority of them or a minority?  I don't 

14   know.  But somebody -- as Senator Lanza said, a 

15   person that's convicted of raping a child, of 

16   someone who kills somebody for hire or in cold 

17   blood -- I'm sorry, but in my community that 

18   person should never serve on a jury.

19                Now, should somebody who has been 

20   convicted of a nonviolent felony and paid their 

21   debt to society, should that person be 

22   considered?  That's another story.  

23                But I'm sorry, there are just some 

24   crimes that are just so heinous, so serious, so 

25   violent, that I do not want to associate my vote 


                                                               3469

 1   with giving the right of a child killer, of 

 2   someone who murders a police officer -- that 

 3   person, in my mind, should never sit on a jury no 

 4   matter -- under any circumstances.  

 5                I'll be voting no, and thank you for 

 6   indulging me to explain my vote.

 7                ACTING PRESIDENT MAYER:   Senator 

 8   Ranzenhofer to be recorded in the negative.

 9                Seeing and hearing no others, 

10   Senator Benjamin to explain his vote.

11                SENATOR BENJAMIN:   Thank you, 

12   Madam President.  I am so honored to be here 

13   today to vote in favor of my bill.

14                I want to start off with a very 

15   important point.  Every defendant has the right 

16   to be judged by a jury of his or her peers.  And 

17   when I think about peers, I think about everyone.  

18   I don't think of some, I think of all.  And it's 

19   our job as legislators to create a fair system 

20   that allows the maximum amount of people to be 

21   able to serve in that capacity.

22                And so -- you know, it's funny when 

23   I've been listening to some of the comments from 

24   the other side, I hear this comment that it's not 

25   being said, but almost being said subtly, which 


                                                               3470

 1   is once a criminal, always a criminal.  That 

 2   somehow our criminal justice system or our 

 3   correction system does not rehabilitate.  Because 

 4   if it did rehabilitate, once someone has served 

 5   their time and paid their debt to society, they 

 6   should not be called a convicted felon or a 

 7   formerly incarcerated individual, they should be 

 8   called a citizen.

 9                And so to be clear, the only reason 

10   why the language had to be "convicted felons" as 

11   relates to this bill is because it's a legal 

12   term.  If it was left to me, I would use the word 

13   "citizen," just to be very clear.

14                Also I would like to mention the 

15   fact that when we think about -- you know, this 

16   is a really a tough one for me, because when I 

17   hear this word -- that somehow former felons, 

18   former incarcerated individuals, whatever term 

19   you want to use, that they somehow don't have a 

20   soul or they don't matter as much as the rest of 

21   us.  So as a result, they should never have the 

22   chance to be a full citizen like everyone else.  

23   That's what I'm hearing.

24                And so I just want to make sure that 

25   we're clear on the message that we're sending 


                                                               3471

 1   here today.  The Majority is sending a message 

 2   today that if you did your time, if you served 

 3   after you've made a mistake, we're going to do 

 4   everything in our power to bring you back into 

 5   society because it's the right thing to do.

 6                Lastly, you know, in Maine they 

 7   allow those who have been convicted to serve on 

 8   juries, and there are studies that show, if 

 9   anyone wants to read them, that those who were 

10   formerly incarcerated have turned out to be some 

11   of the best jurors, they ask some of the most 

12   important questions on juries, they're very 

13   thoughtful and they bring a lot to the table.

14                This is all about trying to get the 

15   best solution for our society.  When people serve 

16   on juries -- as was mentioned before, not the 

17   most -- not something that everyone is knocking 

18   themselves out to do.  But when you do it, you 

19   have to remember that there are people's lives 

20   are at stake.  I've served on juries before, and 

21   people's lives were at stake.  I think it's 

22   important that as part of that jury pool, there 

23   are people who know how much is at stake because 

24   they had to live that themselves.  

25                I think it's the right thing to do, 


                                                               3472

 1   and I'm glad that we're doing this bill today.  I 

 2   vote aye.

 3                ACTING PRESIDENT MAYER:   Senator 

 4   Benjamin to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 57, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Antonacci, 

 9   Boyle, Brooks, Flanagan, Gallivan, Gaughran, 

10   Griffo, Helming, Jacobs, Jordan, Kaplan, Lanza, 

11   LaValle, Little, Martinez, O'Mara, Ortt, 

12   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

13   Tedisco.

14                Ayes, 36.  Nays, 25.

15                ACTING PRESIDENT MAYER:   The bill 

16   is passed.

17                Senator Gianaris, that completes the 

18   reading of today's calendar.

19                SENATOR GIANARIS:   Madam President, 

20   if we could return to motions for one moment.  

21                On behalf of Senator Brooks, on 

22   page 31 I offer the following amendments to 

23   Calendar 516, Senate Print 3399, and ask that 

24   said bill retain its place on Third Reading 

25   Calendar.


                                                               3473

 1                ACTING PRESIDENT MAYER:   The 

 2   amendments are received, and the bill shall 

 3   retain its place on the Third Reading Calendar.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Is there any 

 6   further business at the desk?

 7                ACTING PRESIDENT MAYER:   There is 

 8   no further business at the desk.

 9                SENATOR GIANARIS:   I move to 

10   adjourn until tomorrow, Wednesday, May 8th, at 

11   11:00 a.m.

12                ACTING PRESIDENT MAYER:   On motion, 

13   the Senate stands adjourned until Wednesday, 

14   May 8th, at 11:00 a.m.

15                (Whereupon, at 5:17 p.m., the Senate 

16   adjourned.)

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