Regular Session - March 11, 2020

                                                                   1223

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 11, 2020

11                     11:36 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1224

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   Today's 

 9   invocation will be delivered by Bishop 

10   Fitz Moodie, from the New Life Pentecostal Church 

11   in Spring Valley, New York.

12                BISHOP MOODIE:   Thank you.

13                Our Father and God, as I stand here 

14   around this podium, I look to You.  You are 

15   sovereign.  You are the only wise God.  There is 

16   no one like You.  

17                I'm so thankful that this day, this 

18   congregation has asked me to stand here to invite 

19   Your very presence.  I'm not standing here 

20   because I can pray, but I'm standing here because 

21   I want to invite Your presence in this Senate 

22   chamber.  

23                That as I open my mouth, You will 

24   hear my voice as I ask God to bless every 

25   Senator, man and woman.  And as I thank You for 


                                                               1225

 1   blessing us with them, knowing You give them a 

 2   task to help this state.  

 3                I ask, Dear God, that like never 

 4   before, Your power and Your anointing will be on 

 5   every man and woman in this chamber.  I pray they 

 6   will come to the understanding and realize who 

 7   You are.  

 8                You have placed them for such a time 

 9   like this.  You have placed them for an hour in 

10   history like this.  And because You have placed 

11   them and know their name, I hope, God, You will 

12   give them the understanding to know their purpose 

13   and their will for this state.

14                I am thankful unto You, God, that 

15   even the head, the Governor, will be touched, and 

16   the understanding that it gives to these people 

17   will go beyond their own understanding, knowing 

18   You have called them and placed them for this 

19   time.

20                God, help them to form laws and to 

21   sign it into action that will help the people of 

22   New York.  I pray right now, Lord, that each and 

23   every one of them will understand today they are 

24   not just representing a state or a district, but 

25   they are representing You, because You are 


                                                               1226

 1   looking on them to uphold Your people, that Your 

 2   people will be a light unto many nations.  

 3   New York, New York, a blessed state.  

 4                I ask it today that as never before, 

 5   neither diseases or sickness will come because 

 6   You have chosen men to help us.  I pray, dear 

 7   God, that even the families of these men and 

 8   women will never reach a time that they are in 

 9   need because Your hand is upon them.  

10                I cry unto You now, touch the entire 

11   State of New York and let us realize that this 

12   state is a light to many places because we are 

13   many people that become one.  And out of many, we 

14   are one, and we're going to build together.

15                Thank you, Lord, because we look to 

16   You, who is our help, and Your help is unto all 

17   of us.  

18                I pray this day in that mighty and 

19   wonderful name, Jesus Christ.  Thank you.  

20                Amen.

21                (Response of "Amen.")

22                ACTING PRESIDENT BENJAMIN:   The 

23   reading of the Journal.  

24                THE SECRETARY:   In Senate, Tuesday, 

25   March 10, 2020, the Senate met pursuant to 


                                                               1227

 1   adjournment.  The Journal of Monday, March 9, 

 2   2020, was read and approved.  On motion, Senate 

 3   adjourned.

 4                ACTING PRESIDENT BENJAMIN:   Without 

 5   objection, the Journal stands approved as read.

 6                Presentation of petitions.

 7                Messages from the Assembly.

 8                Messages from the Governor.

 9                Reports of standing committees.

10                Reports of select committees.

11                Communications and reports from 

12   state officers.  

13                Motions and resolutions.

14                Senator Gianaris.

15                SENATOR GIANARIS:   On behalf of 

16   Senator Comrie, on page 28 I offer the following 

17   amendments to Calendar Number 494, Senate Print 

18   2773, and ask that said bill retain its place on 

19   Third Reading Calendar.

20                ACTING PRESIDENT BENJAMIN:   The 

21   amendments are received, and the bill shall 

22   retain its place on the Third Reading Calendar.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Can we take up 

25   previously adopted Resolution 3016, by 


                                                               1228

 1   Leader Stewart-Cousins, have it read in its 

 2   entirety, and call on Senator Myrie on the 

 3   resolution.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Senate Resolution 

 7   3016, by Senator Stewart-Cousins, commemorating 

 8   the 55th Anniversary of Bloody Sunday and the 

 9   Selma-to-Montgomery march across the 

10   Edmund Pettus Bridge in Selma, Alabama, which 

11   served as a catalyst for the passage of the 

12   1965 Voting Rights Act.  

13                "WHEREAS, The Selma to Montgomery 

14   march was part of a series of civil rights 

15   protests that occurred in 1965 in Alabama, a 

16   state with deeply entrenched racist policies; and 

17                "WHEREAS, In March of that year, in 

18   an effort to register black voters in the South, 

19   protesters marching the 54-mile route from Selma 

20   to the state capital of Montgomery were 

21   confronted with deadly violence from local 

22   authorities and white vigilante groups; and 

23                "WHEREAS, As the world watched, the 

24   protesters, under the protection of federalized 

25   National Guard troops, finally achieved their 


                                                               1229

 1   goal, walking around the clock for three days to 

 2   reach Montgomery, Alabama; the historic march, 

 3   and Martin Luther King, Jr.'s participation  in  

 4   it, raised awareness of the difficulties faced by 

 5   black voters, and the need for a national Voting 

 6   Rights Act; and 

 7                "WHEREAS, Even after the Civil 

 8   Rights Act of 1964 forbade discrimination in 

 9   voting on the basis of race, efforts by civil 

10   rights organizations such as the Southern 

11   Christian Leadership Council and the Student 

12   Nonviolent Coordinating Committee to register 

13   black voters were met with fierce resistance in 

14   southern states such as Alabama; and 

15                "WHEREAS, On March 17, 1965, even as 

16   the Selma-to-Montgomery marchers fought for the 

17   right to carry out their protest, 

18   President Lyndon Johnson addressed a joint 

19   session of Congress, calling for federal voting 

20   rights legislation to protect African-Americans 

21   from barriers that prevented them from voting; 

22   and 

23                "WHEREAS, That August, Congress 

24   passed the Voting Rights Act of 1965, which 

25   guaranteed the right to vote, first awarded by 


                                                               1230

 1   the 15th Amendment, to all African-Americans; and 

 2                "WHEREAS, Specifically, the Voting 

 3   Rights Act of 1965 banned literacy tests as a 

 4   requirement for voting, mandated federal 

 5   oversight of voter registration in areas where 

 6   tests had previously been used, and gave the U.S.  

 7   attorney general the duty of challenging the use 

 8   of poll taxes for state and local elections; and.

 9                "WHEREAS, Along with the Civil 

10   Rights Act, the Voting Rights Act was one of the 

11   most expansive pieces of civil rights legislation 

12   in American history; it greatly reduced the 

13   disparity between black and white voters in the 

14   United States and allowed greater numbers of 

15   African-Americans to participate in politics and 

16   government at the local, state and national 

17   level; and

18                "WHEREAS, On March 7, 2015, marchers 

19   walked over the Brooklyn Bridge in solidarity 

20   with the 50th Anniversary of Bloody Sunday and 

21   the Selma-to-Montgomery march across the Edmund 

22   Pettus Bridge; the Selma is Everywhere march 

23   honored those who fought and continue to fight 

24   for social injustice and to remind all 

25   United States citizens to never forget the pain 


                                                               1231

 1   which was endured in the movement to attain basic  

 2   civil rights; and 

 3                "WHEREAS, To commemorate the 

 4   55th anniversary of Bloody Sunday and the 

 5   historic march, a myriad of events were held from 

 6   Selma to New York, and across this great nation, 

 7   to remember and recall that pivotal day which  

 8   forever changed the lives of each and every 

 9   American citizen; one such event included the 

10   Manhattan kick-off of the nationwide tour of 

11   Turning 15 on the Road to Freedom, a musical 

12   filled with songs telling the story of Lynday 

13   Blacmon Lowery, the youngest child to walk all  

14   the way from Selma to Montgomery; now, therefore, 

15   be it 

16                "RESOLVED, That this Legislative 

17   Body pause in its deliberations to commemorate 

18   the 55th anniversary of Bloody Sunday and the 

19   Selma-to-Montgomery march across the 

20   Edmund Pettus Bridge in Selma, Alabama, which 

21   served as a catalyst for passage of the 1965 

22   Voting Rights Act; and be it further 

23                "RESOLVED, That a copy of this 

24   resolution, suitably engrossed, be transmitted to 

25   Hazel N. Dukes, president, National Association 


                                                               1232

 1   for the Advancement of Colored People, New York 

 2   State Conference."

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Myrie on the resolution.

 5                SENATOR MYRIE:   Thank you, 

 6   Mr. President.  

 7                And thank you to Leader Senator 

 8   Stewart-Cousins for introducing this resolution.  

 9                The Department of Justice has called 

10   the Civil Rights Act and the Voting Rights Act 

11   the most expansive and powerful civil rights laws 

12   in the history of this country.  But this 

13   resolution speaks to why we should never forget 

14   that before those pieces of legislation entered 

15   the halls of Congress, that there were men and 

16   women that were brutalized in the defense of the 

17   right that protects all other rights.

18                That march from Selma to Montgomery 

19   has left indelible images in our country's 

20   history.  We remember seeing black men, black 

21   women, white men and white women marching and 

22   being brutalized in order to protect the 

23   franchise.  It is a reminder that the rights that 

24   we enjoy today, the rights that we take for 

25   granted, were paid for in blood by brave men and 


                                                               1233

 1   women 55 years ago.  

 2                And let us also remember that while 

 3   we are not brutalized at the polls today, that 

 4   voter suppression still exists and that it 

 5   requires us to step up to the promise of the men 

 6   and women that marched from Selma to Montgomery.  

 7   We remember Dr. King's speeches.  We remember the 

 8   civil rights leaders of our history.  But we are 

 9   now charged with carrying the torch.  We must 

10   continue to march.  We must continue to protect 

11   the rights of the franchise.

12                So I thank you for voting for this 

13   resolution, and I hope that all of you will join 

14   me in remembering the 55th anniversary of this 

15   momentous occasion in this country's history.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   The 

18   resolution was previously adopted on March 10th.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Can we now take 

21   up previously adopted Resolution 2957, by 

22   Senator Montgomery, read its title only, and 

23   recognize Senator Montgomery.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will read.


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 1                THE SECRETARY:   Resolution 2957, by 

 2   Senator Montgomery, honoring Esmeralda Simmons, 

 3   Esq., upon the occasion of her retirement after 

 4   more than 34 years of distinguished service as 

 5   the Founding Executive Director of the Center for 

 6   Law and Social Justice.

 7                ACTING PRESIDENT BENJAMIN:    

 8   Senator Montgomery on the resolution.

 9                SENATOR MONTGOMERY:   Thank you, 

10   Mr. President.

11                It is so befitting that we -- I rise 

12   today to honor Esquire Esmeralda Simmons, 

13   especially in light of the fact that we're also 

14   honoring the Selma, Alabama, event.

15                We're honoring Esmeralda today for 

16   her role in founding the Center for Law and 

17   Social Justice at Medgar Evers College, that's so 

18   true, and what she has done there to empower so 

19   many parents, especially, and others in her 

20   community.  

21                We also note that she was the first 

22   deputy commissioner for human rights for New York 

23   State.  She was also the civil rights attorney 

24   for the U.S. Department of Education, and she was 

25   also New York State assistant attorney general 


                                                               1235

 1   and the New York City assistant corporation 

 2   counsel.

 3                However, I want to point out a role 

 4   that she has played as it relates to voting 

 5   rights that is not in this particular resolution, 

 6   and that is the fact that as a young attorney in 

 7   the City of New York, Esmeralda Simmons, along 

 8   with a couple of her colleagues, in concert with 

 9   PRLDF, the Puerto Rican Legal Defense Fund, the 

10   NAACP Legal Defense Fund, was able to go into 

11   court and sue in the name of the Voting Rights 

12   Act, the 1965 Voting Rights Act, and especially 

13   as it related to the drawing of districts which 

14   allowed for the representation of the people who 

15   actually lived in those districts.

16                So this Voting Rights Act case was 

17   brought on behalf of people living in the County 

18   of Kings and the County of Queens especially.  

19   And so it is really based on that lawsuit, 

20   brought on behalf of residents of those counties, 

21   that some of us have been able to be 

22   representative in both the New York City Council 

23   as well as the State Legislature.

24                So I am truly indebted to the work 

25   of Esmeralda Simmons, who, as a voting rights 


                                                               1236

 1   special attorney, has been able to create a level 

 2   of representation in the houses of the 

 3   legislature at both the city and the state level 

 4   that we enjoy today.

 5                We all owe her an -- and I am 

 6   particularly proud of the fact that I have known 

 7   her, she has worked in her community with those 

 8   of us in elective office, but more especially on 

 9   behalf of the citizens that she has been able to 

10   ensure equal representation in their communities 

11   and in the legislatures of the city and the 

12   state.

13                So I'm happy that I'm able to bring 

14   this resolution.  Thank you, Mr. President, for 

15   allowing me -- and our leader for allowing us -- 

16   to be able to celebrate a woman who has meant so 

17   much, especially to people of color in this state 

18   as it relates to our Voting Rights Act.

19                Thank you, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Myrie on the resolution.

22                SENATOR MYRIE:   Thank you, 

23   Mr. President.

24                I believe that Esmeralda Simmons is 

25   a constituent of Senator Montgomery's, but the 


                                                               1237

 1   Center for Law and Social Justice is in the heart 

 2   of the 20th Senate District, and so I claim part 

 3   of her as well.

 4                It really is an honor for us to be 

 5   introducing this resolution today -- I want to 

 6   thank Senator Montgomery -- because Esmeralda 

 7   Simmons is the pinnacle of what public service 

 8   is.  All of us should aspire to be what she has 

 9   meant not just to Brooklyn, but to the entire 

10   State of New York.  

11                She has served as a law clerk to a 

12   federal judge.  She has served as the first 

13   deputy commissioner of human rights for the State 

14   of New York.  She has served as an assistant 

15   attorney general in the State of New York.  She 

16   has served as an assistant attorney in the 

17   Department of Education.  She has served as an 

18   assistant corporation counsel in the City of 

19   New York.  

20                She was a mayoral appointee to the 

21   city's Board of Education.  She was a mayoral 

22   appointee to the Commission on Redistricting.  

23   She argued before the United States Supreme Court 

24   legend Thurgood Marshall.  

25                All of us should aspire to be the 


                                                               1238

 1   public servant that Esmeralda Simmons is.  And 

 2   she did all of this while being a black woman in 

 3   a profession where only 5 percent of lawyers look 

 4   like her.

 5                Her impact will be felt for years to 

 6   come.  She helped form the CCRB, the citizen 

 7   complaint board.  She helped millions of dollars 

 8   go back into the hands of employees who were 

 9   discriminated against because of their color.  

10   And she helped serve our immigrants in our 

11   community before those structures were set up.  

12                And so we pay homage to 

13   Esmeralda Simmons for everything that she has 

14   done for the city, for the state, and indeed for 

15   this nation.  We honor you today and thank you 

16   for your service.

17                Thank you, Mr. President.

18                ACTING PRESIDENT BENJAMIN:    

19   Senator Parker on the resolution.

20                SENATOR PARKER:   Thank you, 

21   Mr. President.

22                I rise to add my voice to those who 

23   are honoring Esmeralda Simmons today on the 

24   floor.  It is very apropos during Women's History 

25   Month that we would bring up the legacy and the 


                                                               1239

 1   life of Esmeralda Simmons and how important it 

 2   has been.

 3                I had prepared remarks, 

 4   Mr. President.  I unfortunately misplaced them, 

 5   but I'm glad that Senator Myrie found them and 

 6   read them verbatim.  

 7                (Laughter.)

 8                SENATOR PARKER:   No, I certainly 

 9   want to associate myself with Senator Myrie's 

10   exhaustive remarks about Esmeralda Simmons' 

11   background, and certainly want to thank Senator 

12   Velmanette Montgomery.  You know, what she's not 

13   telling you is her mentorship of not just members 

14   of this body, but of people like Esmeralda, is 

15   part of what gave birth to the Center for Law and 

16   Social Justice.

17                And so let me make two quick points, 

18   one about the Center for Law and Social Justice 

19   and how important it has been for serving the 

20   Central Brooklyn community.  

21                This institution really has been on 

22   the front lines of making sure that equal rights 

23   and civil rights for Brooklynites and for 

24   New Yorkers generally have been at the forefront.  

25   They have been engaged in everything from census 


                                                               1240

 1   to redistricting to commissions on charter 

 2   revision, they were engaged both times.  

 3                They have taken up individual cases 

 4   around immigration and helping people in the 

 5   immigrant community get the rights that they need 

 6   and are entitled to, and have been really 

 7   involved in making sure that things like stop and 

 8   frisk and other illegal practices in our 

 9   communities have been quashed.  

10                And so I certainly have been a 

11   supporter of the center and want to thank 

12   Esmeralda for her stalwartness in that.

13                And let me just make a comment about 

14   Esmeralda Simmons as a person.  And she's 

15   somebody who I've known quite well, and she's 

16   been a mentor to me in the same way that she's 

17   been mentored by people like Senator Montgomery.  

18   She has tried to bring me along and certainly has 

19   come to me with many important issues and helped 

20   me on some things that I'm sure that 

21   Senator Myrie is working with her and the center 

22   still on voting rights issues.  

23                And one of the things I'm hoping 

24   we'll take up in this body is expanding the 

25   Voting Rights Act.  Now that we've lost 


                                                               1241

 1   preclearance and those things on the federal 

 2   level, it is an opportunity for us to do those 

 3   things here on the state level.  And certainly I 

 4   know he's been engaged in that, Senator Leroy 

 5   Comrie I know is super interested in that as 

 6   well.  

 7                But it is really Esmeralda Simmons 

 8   who has been the person banging -- you know, been 

 9   the drum major on making sure that voting rights 

10   in the State of New York is something that we 

11   protect for every class of persons in this state.

12                And so I just have a -- owe a world 

13   of thanks to her and her pouring into me, both 

14   personally, professionally but then also 

15   spiritually.  She is somebody who has a deep 

16   spiritual practice that is rooted in traditional 

17   African culture and practice, and an essential 

18   reverence, and certainly that has been important 

19   not just for her life but to what she's brought 

20   to the center and what's brought to our community 

21   and to myself.  

22                And so I thank her for all that she 

23   does.  And I think that this resolution today is 

24   just a modicum of the kind of acknowledgment and 

25   respect that she deserves, and happy to have an 


                                                               1242

 1   opportunity to add my voice to those who are 

 2   singing her praises.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Sanders on the resolution.

 6                SENATOR SANDERS:   Thank you, 

 7   Mr. President.

 8                First I'd like to correct the 

 9   record.  Somehow we hear this Brooklyn, but she 

10   must be from Queens.  She's always in Queens, so 

11   therefore she must be from there.

12                (Laughter.)

13                SENATOR SANDERS:   Perhaps she is 

14   more of a ubiquitous figure, and that's what I 

15   mean.  But she's a hero in many different ways.  

16                She played a major role in the 

17   disparity study of New York City when we were 

18   trying to figure out how to correct a historic 

19   wrong.  We went to -- I was in charge of that 

20   effort, and I went to a major school whose name I 

21   will not mention, and they basically were trying 

22   to charge the entire price that we had -- the 

23   entire amount that we had to work with.  And what 

24   they were offering was not much.

25                When I went to the center where 


                                                               1243

 1   Esmeralda and others were, they did four times 

 2   the amount of work for half the price and a far 

 3   better job, and a study that has stood 

 4   unlegislated ever since.

 5                So under those conditions, she is a 

 6   hero of no small magnitude, and I want to thank 

 7   the sponsor for putting her forward.  

 8                I wish her well in her so-called 

 9   retirement.  I'm sure she will work even harder 

10   now than she was before.  But while that's 

11   happening, I do offer her to come to Queens, 

12   where she really needs to be.

13                Thank you very much.  Mr. President, 

14   thank you.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Comrie on the resolution.

17                SENATOR COMRIE:   Thank you, 

18   Mr. President.

19                I rise to align myself with the 

20   words of my colleagues on behalf of Esmeralda 

21   Simmons and her retirement.  She truly has been a 

22   person that has been a stalwart of so many 

23   activities that have improved our city, that have 

24   changed opportunities, that have created a new 

25   spirit for women in the legal profession to be 


                                                               1244

 1   social activists.  

 2                So I won't repeat all of the 

 3   wonderful words that have been said, but she 

 4   isn't just Brooklyn's jewel, she's the city's 

 5   jewel.  And she's actually a jewel of this entire 

 6   state, because she has been someone that has been 

 7   unafraid, unapologetic, and willing to take on 

 8   the difficult tasks and willing to do them with 

 9   panache, with style, with detail, with 

10   information, and with a power in her delivery 

11   equal to anyone here -- except for maybe Andy 

12   Lanza when he gets on one of his major 

13   speeches --

14                (Laughter.)

15                SENATOR COMRIE:  -- you know.  And 

16   to my good colleague, I'm giving credit where 

17   credit is due, you know.

18                But I just want to acknowledge her, 

19   thank Senator Montgomery, who has also been a 

20   stalwart of this state and will be missed in this 

21   body when she retires at the end of this year.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   resolution was previously adopted on March 10th.

25                Senator Gianaris.


                                                               1245

 1                SENATOR GIANARIS:   Can we take up 

 2   the reading of the calendar, Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will read.  

 5                THE SECRETARY:   Calendar Number 

 6   125, Senate Print 2145, by Senator Gianaris, an 

 7   act to amend the General Municipal Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of January 

12   next succeeding the date on which it shall have 

13   become a law.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   152, Senate Print 5073A, by Senator Mayer, an act 

24   to amend the Education Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1246

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect July 1, 2020.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Mayer to explain her vote.

 9                SENATOR MAYER:   Thank you, 

10   Mr. President.

11                I'm so pleased that this bill is 

12   coming before the floor today and that we're 

13   going to pass this legislation that will further 

14   the ability of 16- and 17-year-olds to have the 

15   opportunity to preregister.

16                Last year when we made significant 

17   changes to the Election Law and allowed 

18   16-year-olds, in addition to 17-year-olds, to 

19   preregister, we had provisions in the bill to 

20   encourage our local Boards of Elections to work 

21   with our schools to facilitate this.  

22                In too many school districts it 

23   takes an active social studies teacher or a 

24   principal or a League of Women Voters chapter to 

25   actually do the work of setting up tables and 


                                                               1247

 1   getting kids to preregister.  

 2                We are saying to the schools, find a 

 3   way, adopt a policy that furthers this state law, 

 4   that gives every child 16 and 17 years old the 

 5   opportunity -- obviously, without any pressure, 

 6   without any undo influence -- to choose, if they 

 7   do, to register to vote and have the opportunity, 

 8   when they are old enough, to be able to cast 

 9   their ballot.

10                It's one of the most wonderful 

11   things about our democracy that voting is viewed 

12   so positively, but frankly we have to do better 

13   with our young people, and we need to encourage 

14   them.  This bill is a step in that direction.  

15                I'm pleased to vote aye, and I thank 

16   my colleagues and the leader for allowing this 

17   bill to come to the floor.

18                Thank you, Mr. President.  

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Mayer to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 152, those Senators recorded in 

24   the negative are Senators Amedore, Borrello, 

25   Boyle, Flanagan, Funke, Griffo, Helming, Jacobs, 


                                                               1248

 1   Jordan, Lanza, Little, O'Mara, Ortt, Ritchie, 

 2   Robach, Serino, Seward, Tedisco.  

 3                Senator Amedore in the affirmative.

 4                Senator Akshar in the negative.

 5                Ayes, 40.  Nays, 18.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   197, Senate Print 6327, by Senator Parker, an act 

10   to amend the General Business Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

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

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Parker to explain his vote.

21                SENATOR PARKER:   Thank you, 

22   Mr. President.  

23                First let me thank my colleagues who 

24   are going to vote for this important measure 

25   today.  This bill puts some teeth into the Do Not 


                                                               1249

 1   Call Law.  

 2                You know, as many of us remember, 

 3   you know, years ago before the Do Not Call Law, 

 4   you'd be sitting at dinner with your family, 

 5   trying to enjoy it, and then the phone would 

 6   ring.  And you'd think it's a relative or 

 7   something like that, and you'd pick it up, and it 

 8   was a telemarketer.  And then you'd hang up and 

 9   you'd sit back down and you're about to, you 

10   know, get back to your corned beef -- you know, 

11   St. Paddy's Day reference, we're getting there --

12                (Laughter.)

13                SENATOR PARKER:   -- and, you know, 

14   the phone rings again, another telemarketer.  And 

15   so we created the Do Not Call Law.  

16                There's a loophole in it that now, 

17   with the advent of cellphones, telemarketers are 

18   using that technology to get around it.  And so 

19   now all of us are scared to answer a phone call 

20   that is not a number that we don't recognize on 

21   our phones, because we're getting so many 

22   telemarketing calls.  This law is going to close 

23   that loophole, protect the privacy of the people 

24   of the State of New York.  

25                And I want to thank everyone for 


                                                               1250

 1   their vote today, and looking forward to making 

 2   the world safe for dinner again.  

 3                Thank you.  

 4                (Laughter.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Senator Parker to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 197, recorded in the negative:  

10   Senator Flanagan.

11                Ayes, 57.  Nays, 1.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   288, Senate Print 769A, by Senator Breslin, an 

16   act to amend the Insurance Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               1251

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   289, Senate Print 1603, by Senator Breslin, an 

 6   act to amend the Insurance Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   300, Senate Print 6168, by Senator Hoylman, an 

21   act to amend the Family Court Act and the 

22   Domestic Relations Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               1252

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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   306, Senate Print 1455, by Senator Sanders, an 

13   act to amend the Public Health Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

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

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1253

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   343, Senate Print 4004, by Senator Carlucci, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the 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 BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   345, Senate Print 5196, by Senator Kaminsky, an 

20   act to amend the Environmental Conservation Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1254

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 345, those Senators recorded in 

 7   the negative are Senators Akshar, Amedore, Funke, 

 8   Gallivan, Griffo, Jacobs, Jordan, O'Mara, Ortt, 

 9   Ritchie and Tedisco.

10                Ayes, 47.  Nays, 11.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   376, Senate Print 5462A, by Senator May, an act 

15   to amend the Election Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of January.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   May to explain her vote.

25                SENATOR MAY:   Thank you, 


                                                               1255

 1   Mr. President.

 2                One of the more discouraging aspects 

 3   of our election law in New York State has been 

 4   how difficult it is to get off the ballot if you 

 5   have a minor party line and then you don't win 

 6   the major party primary that you're seeking.  So 

 7   you're stuck being a spoiler on the ballot even 

 8   if you don't want to run.  

 9                And your choices are to get off the 

10   ballot, you can either die or move out of state 

11   or be convicted of a felony or run on some other 

12   line for some office that you don't actually 

13   want.  So all of these things are either really 

14   inadvisable or actually further undermine public 

15   trust in our democracy.

16                So I am proud to sponsor this bill, 

17   and I'm grateful to my colleagues for supporting 

18   it.  

19                Thank you, and I vote aye.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   May to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 376, those Senators recorded in 

25   the negative are Senators Akshar, Amedore, 


                                                               1256

 1   Borrello, Flanagan, Funke, Griffo, Jordan, Lanza, 

 2   Robach, Seward and Tedisco.

 3                Ayes, 47.  Nays, 11.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   476, Senate Print 6533, by Senator Montgomery, an 

 8   act to amend the Family Court Act.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the first of November in 

13   the year next succeeding.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Senator Montgomery to explain her vote.

19                SENATOR MONTGOMERY:   Yes, thank 

20   you, Mr. President.  

21                I'm very excited to be able to vote 

22   on this bill today.  This is a bill, if it 

23   becomes law, that would require the video 

24   recording of interrogations of juveniles in 

25   juvenile delinquency proceedings in Family Court.  


                                                               1257

 1                Because we understand that recording 

 2   of juvenile proceedings creates an objective 

 3   record and provides an independent basis to 

 4   resolve credibility disputes about Miranda 

 5   warnings, waivers or statements.  It also helps 

 6   to identify false confessions and provides an 

 7   objective and reliable record of what occurred 

 8   during an interrogation.

 9                I have met with many judges in our 

10   state and they have said to me that through their 

11   practice, video interrogations is only the best 

12   means of preserving credibility and making the 

13   justice system actually mean justice, especially 

14   for juveniles.  

15                And in addition to the words of the 

16   judges, the Justice Task Force in January 2012 

17   issued recommendations regarding electronic 

18   recording of custodial interrogations as a means 

19   of rectifying the problem of false confessions 

20   that has led to wrongful convictions.

21                So, Mr. President, if this bill 

22   becomes law -- when this bill becomes law, we 

23   should never experience a situation such as 

24   happened with the Central Park Five in the City 

25   of New York.


                                                               1258

 1                So I vote yes.  Thank you, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:    

 4   Senator Montgomery to be recorded in the 

 5   affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 476, those Senators recorded in 

 9   the negative are Senators Akshar, Borrello, 

10   Gallivan, Helming, Jacobs, O'Mara, Ortt and 

11   Seward.

12                Ayes, 50.  Nays, 8.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   498, Senate Print 5228C, by Senator Gounardes, an 

17   act to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

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

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1259

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   516, Senate Print 6142, by Senator Addabbo, an 

 8   act to amend the Racing, Pari-Mutuel Wagering and 

 9   Breeding Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   532, Senate Print 6800A, by Senator Metzger, an 

24   act to amend the State Administrative Procedure 

25   Act.


                                                               1260

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Senator Metzger to explain her vote.

10                SENATOR METZGER:   Thank you, 

11   Mr. President.

12                I've had quite a number of 

13   conversations with local businesses in my 

14   district who have expressed frustration with not 

15   having information about new regulations, new 

16   laws.  And of course it's difficult to comply 

17   with them if you don't have the necessary 

18   information.

19                So this legislation is important.  

20   It requires the Secretary of State to put 

21   together annually a small business guide that 

22   will provide them with access to this information 

23   in plain English, and also do outreach around 

24   that guide to make sure it gets into their hands.

25                Small businesses, they are the 


                                                               1261

 1   backbone of our economy.  Every 67 cents on the 

 2   dollar of sales stays in the community.  But at 

 3   the same time, they really lack the bandwidth.  

 4   So this bill will help them and support their 

 5   efforts to comply.

 6                So thank you very much.  I vote aye.

 7                ACTING PRESIDENT BENJAMIN:    

 8   Senator Metzger to be recorded in the 

 9   affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   533, Senate Print 7123, by Senator Persaud, an 

16   act to amend the Economic Development Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect on the first of April.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               1262

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                Senator Gianaris, that completes the 

 5   reading of today's calendar.

 6                SENATOR GIANARIS:   Back to motions 

 7   and resolutions, Mr. President, the two 

 8   resolutions we took up today should be open for 

 9   cosponsorship.

10                ACTING PRESIDENT BENJAMIN:   The 

11   resolutions are open for cosponsorship.  Should 

12   you choose not to be a cosponsor of the 

13   resolutions, please notify the desk.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Is there any 

16   further business at the desk?

17                ACTING PRESIDENT BENJAMIN:   There 

18   is no further business at the desk.

19                SENATOR GIANARIS:   Move to adjourn 

20   until Monday, March 16th, at 3:00 p.m., 

21   intervening days being legislative days.

22                ACTING PRESIDENT BENJAMIN:   On 

23   motion, the Senate stands adjourned until Monday, 

24   March 16th, at 3:00 p.m., intervening days being 

25   legislative days.


                                                               1263

 1                (Whereupon, at 12:19 p.m., the 

 2   Senate adjourned.)

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