Regular Session - June 9, 2020

                                                                   1757

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 9, 2020

11                     11:53 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  


                                                               1758

 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:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   June 8, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, June 7, 

18   2020, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator LaValle 


                                                               1759

 1   moves to discharge, from the Committee on Local 

 2   Government, Assembly Bill Number 7493 and 

 3   substitute it for the identical Senate Bill 

 4   Number 5571, Third Reading Calendar 684.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Thomas 

 8   moves to discharge, from the Committee on Local 

 9   Government, Assembly Bill Number 7011B and 

10   substitute it for the identical Senate Bill 

11   Number 5667B, Third Reading Calendar 685.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator O'Mara 

15   moves to discharge, from the Committee on Local 

16   Government, Assembly Bill Number 8222A and 

17   substitute it for the identical Senate Bill 

18   Number 6369A, Third Reading Calendar 689.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator LaValle 

22   moves to discharge, from the Committee on Local 

23   Government, Assembly Bill Number 8195 and 

24   substitute it for the identical Senate Bill 

25   Number 6379, Third Reading Calendar 690.


                                                               1760

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Liu moves 

 4   to discharge, from the Committee on Local 

 5   Government, Assembly Bill Number 9094 and 

 6   substitute it for the identical Senate Bill 

 7   Number 7158, Third Reading Calendar 702.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Borrello 

11   moves to discharge, from the Committee on 

12   Transportation, Assembly Bill Number 8156A and 

13   substitute it for the identical Senate Bill 

14   Number 7281, Third Reading Calendar 703.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   Senator Borrello 

18   moves to discharge, from the Committee on Cities, 

19   Assembly Bill Number 7648 and substitute it for 

20   the identical Senate Bill Number 7538, 

21   Third Reading Calendar 708.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               1761

 1                Report of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, I 

 7   move to adopt the Resolution Calendar.

 8                ACTING PRESIDENT BENJAMIN:   All in 

 9   favor of adopting the Resolution Calendar please 

10   signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT BENJAMIN:    

13   Opposed, nay.

14                (No response.)

15                ACTING PRESIDENT BENJAMIN:   The 

16   Resolution Calendar is adopted.

17                Senator Gianaris.

18                SENATOR GIANARIS:   At this time, 

19   Mr. President, we're going to take up select 

20   items off of the calendar.  So can we please take 

21   up the calendar, and particularly Calendar Number 

22   691, 749, 750 and 751.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               1762

 1   691, Senate Print 6601B, by Senator Bailey, an 

 2   act to amend the Civil Rights Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Senator Bailey to explain his vote.

12                SENATOR BAILEY:   Thank you, 

13   Mr. President.  I appreciate the time to be able 

14   to speak briefly on this important piece of 

15   legislation.

16                I want to thank Leader Andrea 

17   Stewart-Cousins for allowing, once again, another 

18   important bill in this package to reach the 

19   floor.  And I really want to thank my Assembly 

20   sponsor, Assemblywoman Nathalia Fernandez, for 

21   having a conversation with me about the 

22   importance of this bill.  

23                It was related to the 2017 death in 

24   police custody of a man by the name of Andrew 

25   Kearse.  He was a Bronx man, and what happened, 


                                                               1763

 1   he sustained a heart attack while in the care of 

 2   police officers in Schenectady, New York.

 3                This has been a significantly 

 4   difficult experience for the Kearse family, but 

 5   today we are able to achieve some sort of a 

 6   modicum of -- of something for that family, in 

 7   the form of ensuring that there is a duty that, 

 8   while in the care of an officer, that they have 

 9   to -- that these officers are going to have to 

10   call somebody for backup if they know that 

11   immediate medical attention is required.

12                I think that this goes a long way 

13   in, again, securing and ensuring the public trust 

14   between officers in our community.  And I am 

15   proud to cast my vote, and I am appreciative of 

16   all of my colleagues who are supporting this 

17   legislation as well.  

18                I vote aye, Mr. President.

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Bailey to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar 691, those Senators voting in the 

24   negative are Senators Borrello and LaValle.

25                Ayes, 57.  Nays, 2.


                                                               1764

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   749, Senate Print 8493, by Senator Parker, an act 

 5   to amend the Executive Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the first of April.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Senator Parker to explain his vote.

15                SENATOR PARKER:   Thank you, 

16   Mr. President.  

17                I rise today to explain my vote on I 

18   think a piece of legislation that is well 

19   overdue.  The order of the day is transparency 

20   and accountability.  Body cams provide that.  We 

21   do it in New York City, we do it in multiple 

22   places across the state and across the country.  

23   It is past time that the State Police get a 

24   program to do this.  

25                I was proud to have an opportunity 


                                                               1765

 1   to work with the State Police and the 

 2   State Police union in order to craft this bill in 

 3   a way in which it not only provides the 

 4   transparency and accountability but also did not 

 5   interfere with work rules.  

 6                And so this is going to be I think 

 7   an important step in terms of regaining the trust 

 8   of the public and making sure that both our 

 9   police remain safe and our citizens have the kind 

10   of confidence that they should in their 

11   law enforcement agencies.  

12                Thank you so much.  I vote aye.

13                ACTING PRESIDENT BENJAMIN:    

14   Senator Parker to be recorded in the affirmative.

15                Senator Akshar to explain his vote.

16                SENATOR AKSHAR:   I want to thank 

17   the sponsor for the legislation.  

18                I too share his passion with 

19   programs like this.  Back at home I've used a 

20   good portion of my public protection dollars to 

21   afford police agencies to in fact stand these 

22   particular programs up.  I think they're 

23   beneficial to both the community as well as the 

24   members of law enforcement themselves.

25                Here's what I would ask the sponsor 


                                                               1766

 1   to do.  As we move forward and we roll this 

 2   program out, programs like this are incredibly 

 3   expensive.  And it would be my hope and desire 

 4   that this body, along with our friends in the 

 5   Assembly, would ensure that the Division of the 

 6   State Police have the appropriate funds to not 

 7   only stand this program up but to sustain the 

 8   program through its longevity.  

 9                Mr. President, I vote aye.

10                ACTING PRESIDENT BENJAMIN:    

11   Senator Akshar to be recorded in the affirmative.

12                Senator Ramos to explain her vote.

13                SENATOR RAMOS:   Yes, hi, thank you, 

14   Mr. President.  I am here of course to speak in 

15   support of my bill.  

16                Not only did we write this bill 

17   months ago thinking about there being parity 

18   amongst police officers, making sure that 

19   above-ground matches underground -- but over the 

20   last few weeks, we've seen that it has taken a 

21   pandemic for the world to realize just how 

22   egregious police brutality can be.  

23                And unfortunately, the policing of 

24   the MTA has been no different.  We saw a woman of 

25   color during the pandemic, a mother, have her 


                                                               1767

 1   child removed, we've seen street vendors harassed 

 2   in subways by police officers, we've seen a gun 

 3   pulled on subway riders by a police officer -- 

 4   none of which -- none for which there is footage.

 5                And so we're learning that none of 

 6   these acts of police brutality and racism -- in 

 7   many instances, these acts are not all filmed.  

 8   And so we need to make sure that there's footage 

 9   out there that will allow the victims of police 

10   brutality to be able to seek justice for the 

11   mistreatment of the supposed public servants that 

12   are out there to protect them.

13                So I want to thank all my colleagues 

14   who are supportive of this bill.  It is critical 

15   that racism and acts of violence on behalf of the 

16   police are filmed, and that we continue to strive 

17   towards defunding law enforcement and thinking 

18   about actual public safety instead of defending 

19   the brass.  It's time to disband the brass, and 

20   it's time to keep an eye on them in the meantime.  

21                Thank you.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Ramos to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               1768

 1   Calendar Number 749, voting in the negative:  

 2   Senator Ortt.

 3                Ayes, 60.  Nays, 1.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   750, Senate Print 8495, by Senator Benjamin, an 

 8   act to amend the Executive Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   751, Senate Print 8496, by Senator Bailey, an act 

23   to amend the Civil Rights Law and the Public 

24   Officers Law.

25                SENATOR GALLIVAN:   Lay it aside.


                                                               1769

 1                ACTING PRESIDENT BENJAMIN:   Lay it 

 2   aside.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Mr. President, 

 5   can we now please suspend the reading of the 

 6   calendar and let's take up the one bill that was 

 7   placed on the controversial calendar.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will ring the bell.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   751, Senate Print 8496, by Senator Bailey, an act 

13   to amend the Civil Rights Law and the Public 

14   Officers Law.

15                SENATOR GALLIVAN:   Lay it aside.  

16                ACTING PRESIDENT BENJAMIN:   We're 

17   in the controversial calendar now, so you laid it 

18   aside already.  We're going --

19                SENATOR GALLIVAN:   {Inaudible.}

20                ACTING PRESIDENT BENJAMIN:   Yes.

21                SENATOR GALLIVAN:   Thank you.  

22                ACTING PRESIDENT BENJAMIN:   No 

23   problem.

24                Senator Akshar.

25                SENATOR AKSHAR:   Mr. President, 


                                                               1770

 1   thank you for your indulgence.  I thank the 

 2   sponsor as well before we begin here.  

 3                Mr. President, through you, if the 

 4   sponsor would yield for a few questions.

 5                ACTING PRESIDENT BENJAMIN:   Will 

 6   the sponsor yield?  

 7                SENATOR BAILEY:   I yield.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR AKSHAR:   Would the sponsor 

11   be so kind as to just give me an explanation of 

12   the bill.

13                SENATOR BAILEY:   Sure.  This bill 

14   would repeal Section 50-a of the Civil Rights 

15   Law, but add necessary privacy protections to 

16   protect the records of the members that were 

17   previously protected under the -- that are 

18   currently protected under Statute 50-a until the 

19   time that it is repealed from law.

20                SENATOR AKSHAR:   Mr. President, 

21   through you, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?

25                SENATOR BAILEY:   I will yield.


                                                               1771

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   Can you just 

 4   elaborate a little bit on those protections that 

 5   you speak of?  

 6                SENATOR BAILEY:   Sure.  So there 

 7   are some mandatory provisions that appear in 

 8   Sections 3 and 4 of the bill.  The mandatory 

 9   protections in Sections 3 and 4 of the bill are 

10   mandatory redactions.  And these mandatory 

11   redactions that are always redacted are home 

12   addresses, personal telephone numbers, personal 

13   cellphone numbers, personal email addresses of 

14   the officers and their families.  

15                These -- these are conversations 

16   that when I held hearings back in October, one in 

17   the City of New York and one up in Albany, that 

18   was the number-one concern, that privacy was an 

19   issue.  

20                And we heard the concerns of the 

21   members of law enforcement, and I share those 

22   concerns that their families and their own 

23   personal records should not be subjected to 

24   disclosure.  So that's the reason why we 

25   strengthen that ability in this piece of 


                                                               1772

 1   legislation.

 2                SENATOR AKSHAR:   Mr. President, 

 3   through you, if the sponsor would continue to 

 4   yield.

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield? 

 7                SENATOR BAILEY:   I will yield.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR AKSHAR:   I want to talk 

11   about, if we may, the current statutory framework 

12   around this issue of 50-a.  Through you, 

13   Mr. President, could the sponsor -- could the 

14   sponsor let me know how these issues are 

15   currently dealt with if a member of the public or 

16   a defense counsel wanted access to these records?  

17                SENATOR BAILEY:   That would be via 

18   FOIL.  Under FOIL, 50-a bars access to these 

19   records.

20                SENATOR AKSHAR:   Mr. President, 

21   through you.

22                SENATOR BAILEY:   If that case went 

23   to court, the judge would be able to review that 

24   in in re {ph} and issue that under only limited 

25   circumstances.  


                                                               1773

 1                SENATOR AKSHAR:   Mr. President, 

 2   through you, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield?

 6                SENATOR BAILEY:   I will yield.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   So under the 

10   current statutory framework, if a member of the 

11   court wanted or needed access to a police officer 

12   or a corrections officer, probation, parole -- 

13   needed access to that file, there is a current 

14   framework in place that would allow access to 

15   that information.

16                SENATOR BAILEY:   Under limited 

17   circumstances.

18                SENATOR AKSHAR:   Mr. President, 

19   through you, could the sponsor tell me what those 

20   limited circumstances are.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields for a question?  

23                SENATOR BAILEY:   Yes, I do.  

24                And the attorney that is 

25   representing in that matter would have to -- the 


                                                               1774

 1   information that's being requested would have to 

 2   be substantially related, which is a 

 3   significantly high burden to prove under the 

 4   current framework of this -- of 50-a.  Which is 

 5   why it's necessary to ensure that we repeal 

 6   Section 50-a.

 7                SENATOR AKSHAR:   I'm sorry, 

 8   Mr. President, did the sponsor just say that the 

 9   matter if --

10                ACTING PRESIDENT BENJAMIN:   Do you 

11   want him to yield?  

12                SENATOR AKSHAR:   Yes, I do, 

13   Mr. President.  Would the sponsor yield to 

14   another question?

15                SENATOR BAILEY:   I will yield, yes.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR AKSHAR:   Did the sponsor 

19   just suggest that in an effort for -- in the 

20   effort of defense counsel or an attorney making 

21   application to the court, access to that 

22   information would have to be relevant to the 

23   issue at hand, and that is a high burden to 

24   reach?

25                SENATOR BAILEY:   That is -- that is 


                                                               1775

 1   not what I -- that is not what I said, Senator.  

 2                The burden is significantly high.  

 3   And what happens is that -- yes, the protections 

 4   are available via FOIL.  But the issue with 50-a 

 5   is that 50-a has consistently been used as a tool 

 6   to bar the release of these disciplinary records 

 7   that have been requested.

 8                SENATOR AKSHAR:   Mr. President, 

 9   through you, if the sponsor would continue to 

10   yield.

11                ACTING PRESIDENT BENJAMIN:   Does 

12   the sponsor yield?

13                SENATOR BAILEY:   I will yield.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR AKSHAR:   If I was an 

17   attorney, which I'm not, and I was representing 

18   my client who was allegedly abused by a member of 

19   law enforcement and I wanted access to that 

20   police officer's file because I believe that 

21   there was information in there that would be 

22   beneficial to my client, within the current 

23   framework is there a mechanism for me to make 

24   application to the court to get access to that 

25   information which I believe available?  


                                                               1776

 1                SENATOR BAILEY:   So the issue with 

 2   the fact pattern that you've laid out is that 

 3   unless you specifically know what information is 

 4   contained within the disciplinary record which 

 5   50-a bars, you don't know what you're searching 

 6   for, which essentially leads you down the road of 

 7   a fishing expedition.  So it's really contextual, 

 8   Senator.

 9                SENATOR AKSHAR:   Mr. President, 

10   through you, if the sponsor would continue to 

11   yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR BAILEY:   I do.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AKSHAR:   Isn't that exactly 

18   why 50-a was put into the statute, to allow 

19   fishing expeditions not to take place?  

20                SENATOR BAILEY:   Actually -- 

21   through you, Mr. President, I yield -- in 1976, 

22   Senator Frank Padavan's original legislative 

23   intent was to stop the annoying and harassment of 

24   officers.  That is not the intent of the 

25   officers.  Senator Padavan even went as far to go 


                                                               1777

 1   -- he went so far as to say, in the Times Union 

 2   in an article I think in 2014, that that was not 

 3   the intent, that the way that the statute is 

 4   being used right now has been misapplied and that 

 5   he did not intend, as the original drafter of the 

 6   legislation, for it to be applied in that way.

 7                SENATOR AKSHAR:   Mr. President, 

 8   through you, if the sponsor would continue to 

 9   yield.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?

12                SENATOR BAILEY:   I will yield.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AKSHAR:   What part of the 

16   law is 50-a in?

17                ACTING PRESIDENT BENJAMIN:   Through 

18   you, Mr. President, it's in the Civil Rights Law.

19                SENATOR AKSHAR:   I'm sorry, 

20   Mr. President, I didn't hear him. 

21                SENATOR BAILEY:   Through you, 

22   Mr. President, it is in the Civil Rights Law, 

23   CRL. 

24                SENATOR AKSHAR:   Mr. President, 

25   through you, would the sponsor continue to yield?


                                                               1778

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?

 3                SENATOR BAILEY:   I will yield.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR AKSHAR:   So it's in the 

 7   Civil Rights Law, and we are giving up civil 

 8   rights today by repealing 50-a?

 9                SENATOR BAILEY:   Through you, 

10   Mr. President, I am not certain how more 

11   transparency and more availability of 

12   disciplinary records would be a violation of 

13   civil rights.  I'm -- I'm wondering about that, 

14   Senator, if you would be so kind as to proffer 

15   that information.

16                SENATOR AKSHAR:   Is the Senator 

17   asking me a question?  

18                ACTING PRESIDENT BENJAMIN:   Was 

19   that a question?  

20                SENATOR BAILEY:   It was more of a 

21   rhetorical statement.  But Senator Akshar is a 

22   good colleague, and he's welcome to respond if 

23   he'd like.  I know it's not necessarily the 

24   parliamentary procedures, but --

25                ACTING PRESIDENT BENJAMIN:   Well, 


                                                               1779

 1   we can do that.  Do you want to ask -- do you 

 2   want to ask Senator Akshar a question?  

 3                SENATOR BAILEY:   No, I'm fine, 

 4   Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Okay.  

 6                SENATOR AKSHAR:   Mr. President, if 

 7   the sponsor would continue to yield.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR BAILEY:   I will yield.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR AKSHAR:   Well, from my 

14   perspective, the fact of the matter is is that 

15   this law was put on the books to protect the 

16   civil rights of the people that were written 

17   about in this law in 1974.  

18                I want to bring the sponsor's 

19   attention to Section 1 of the 14th Amendment, and 

20   I'm just going to read it in part.  "No state 

21   shall make or enforce any law which shall abridge 

22   the privileges or immunities of the United 

23   States, nor shall any state deprive any person of 

24   life, liberty or property without due process of 

25   law."


                                                               1780

 1                Does the sponsor believe that those 

 2   that were protected under the current statutory 

 3   framework are in fact losing their due process?

 4                SENATOR BAILEY:   Through you, 

 5   Mr. President, no.

 6                SENATOR AKSHAR:   Mr. President, 

 7   through you, if the sponsor would continue to 

 8   yield.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield? 

11                SENATOR BAILEY:   The sponsor 

12   yields.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AKSHAR:   Under your bill 

16   that we are discussing today, what due process is 

17   left for a member of law enforcement, 

18   corrections, parole, probation, fire?  Where is 

19   their due process?  

20                SENATOR BAILEY:   Through you, 

21   Mr. President, the due process is contained 

22   within the disciplinary process, the disciplinary 

23   processes that are outlined by the respective 

24   agencies that these individuals are members of.  

25                We are not changing anything based 


                                                               1781

 1   upon -- we are not changing any part whatsoever 

 2   of the disciplinary process of the folks that you 

 3   mentioned in your statement.

 4                SENATOR AKSHAR:   I'm on the bill 

 5   for just a second.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Akshar on the bill.

 8                SENATOR AKSHAR:   The fact of the 

 9   matter is we are.  We are eliminating that due 

10   process.  Because based on our prior conversation 

11   or prior back and forth, we have had a discussion 

12   about as currently authored, those who want 

13   access to that file, there is a framework 

14   established that allows for an attorney to have 

15   access to that information by following certain 

16   procedures.

17                Would the sponsor yield to a couple 

18   more questions?  

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR BAILEY:   Happily so.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR AKSHAR:   My good friend is 

25   an attorney, is that correct?  


                                                               1782

 1                SENATOR BAILEY:   That is correct.

 2                SENATOR AKSHAR:   Is the sponsor 

 3   aware of the case The People v. Sandoval?  

 4                SENATOR BAILEY:   A Sandoval 

 5   hearing.  Yes, I am, Mr. President.

 6                SENATOR AKSHAR:   So Mr. President, 

 7   through you, if the sponsor would continue to 

 8   yield.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?

11                SENATOR BAILEY:   The sponsor does 

12   yield.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AKSHAR:   In a Sandoval 

16   hearing -- I am not an attorney, so I'm going to 

17   ask you -- in a Sandoval hearing, what happens if 

18   the people wish to bring prior criminal acts into 

19   a current case?  If I was -- if I was charged 

20   with a robbery and currently on trial and 

21   10 years ago I committed a previous robbery, how 

22   would the people get that information into court?  

23                SENATOR BAILEY:   Based upon a 

24   conversation that we had in the Codes Committee 

25   meeting, I was reminded by our good friend 


                                                               1783

 1   Senator Lanza that it depends on the probative 

 2   value, the probative value that is weighed in 

 3   every case.  So it depends on context, 

 4   Mr. President.

 5                SENATOR AKSHAR:   Okay, 

 6   Mr. President, through you, if the sponsor would 

 7   continue to yield.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR BAILEY:   The sponsor 

11   yields.  

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.

14                SENATOR AKSHAR:   So in -- in that 

15   particular instance in which we are talking, the 

16   attorneys would make their arguments in relation 

17   to using specific information that was relevant 

18   to the case at hand.  Is that -- is that correct?

19                SENATOR BAILEY:   So the Senator 

20   would be correct in that limited hypothetical 

21   circumstance that he so eloquently drew up.  But 

22   this bill is about transparency, and it's about 

23   more than one specific instance that you can 

24   point to.  This bill is about transparency and 

25   ensuring that not only the public but victims of 


                                                               1784

 1   police brutality have the rights to records and 

 2   transparency and knowing who's policing us, 

 3   Mr. President.

 4                SENATOR AKSHAR:   Mr. President, 

 5   through you, if the sponsor would continue to 

 6   yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR BAILEY:   I will yield.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.  

12                SENATOR AKSHAR:   The question I 

13   asked was very specific, in that if the people 

14   wished to use information about a case that they 

15   were currently prosecuting, if they wished to use 

16   past bad behavior or past convictions, there is a 

17   certain process to go through in order to get 

18   that information into the court.

19                The defendant in that particular 

20   case, in the robbery case in which we're 

21   speaking, that defendant has certain due process, 

22   he has due process, is that correct?  

23                SENATOR BAILEY:   In that case about 

24   a defendant's -- about a defendant in an alleged 

25   robbery case, the defendant does have due 


                                                               1785

 1   process.  

 2                But we're not talking about criminal 

 3   statutes here.  We're talking about, as you said 

 4   before, the Civil Rights Law.  And we're talking 

 5   about the repeal of Section 50-a.  Which, again, 

 6   was devised, you know, to ensure that harassment 

 7   and annoyance of officers did not take place.

 8                I am not certain how the due process 

 9   conversation -- or how the Senator could indicate 

10   that due process is being taken away by the 

11   removal of the statute and the strengthening of 

12   the privacy -- of privacy.  

13                SENATOR AKSHAR:   On the bill for 

14   just a moment.

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Akshar on the bill.

17                SENATOR AKSHAR:   This is -- this 

18   has everything to do with due process, in my 

19   humble opinion.  

20                On one hand we're talking about the 

21   rights of a criminal defendant having certain -- 

22   having due process when it comes to bringing past 

23   behavior into the courtroom.  And when we're 

24   talking about the repeal of 50-a, we're talking 

25   about removing that due process from a member of 


                                                               1786

 1   law enforcement or a member of corrections.  No 

 2   longer, if a defense attorney or a member of the 

 3   public sought to introduce some bad behavior, 

 4   past bad behavior of a police officer, would that 

 5   police officer have that due process.

 6                So my question, if the sponsor would 

 7   continue to yield --

 8                SENATOR BAILEY:   I will yield.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR AKSHAR:   -- how is the due 

12   process associated in cases in which we described 

13   that was articulated in The People v. Sandoval 

14   any different than a member of the public or an 

15   attorney trying to get access to the personnel 

16   records of a police officer if he or she sought 

17   to bring some type of action against that police 

18   officer?

19                SENATOR BAILEY:   Through you, 

20   Mr. President, this bill does not change the 

21   court process, as Senator Akshar mentioned.  This 

22   bill again points to the issues concerning 

23   transparency in Section 50-a.  

24                It is -- again, the repeal in this 

25   bill is intended to ensure that the public is 


                                                               1787

 1   able to have greater transparency when seeking 

 2   records.  It does not change anything concerning 

 3   due process, despite the assertions of the 

 4   Senator.

 5                SENATOR AKSHAR:   Mr. President, 

 6   through you, if the sponsor would continue to 

 7   yield.

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR BAILEY:   The sponsor 

11   yields.  

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.

14                SENATOR AKSHAR:   Is the sponsor 

15   talking about transparency, or is he talking 

16   about access to the record?  

17                SENATOR BAILEY:   This bill -- 

18   through you, Mr. President, the repeal of 

19   Section 50-a is to achieve greater transparency.  

20   Because the original statute, again, as it was 

21   originally intended, has been misused and 

22   misinterpreted, based upon the original intent of 

23   the legislator that drafted it.

24                That's what this -- that's what 

25   today's bill in front of us is concerning.


                                                               1788

 1                SENATOR AKSHAR:   Mr. President, 

 2   through you, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield?

 6                SENATOR BAILEY:   I will yield.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   Under the current 

10   framework of 50-a, does the sponsor believe that 

11   a member of law enforcement, corrections, fire, 

12   et cetera, et cetera, does in fact have some due 

13   process in terms of shining light on that file?

14                SENATOR BAILEY:   Through you, 

15   Mr. President, the notion that the Senator has 

16   indicated that -- yes, those members have due 

17   process currently.  But the burden that has to be 

18   shown sort of works in reverse.  

19                So you have to show a higher burden 

20   right now for those members that you spoke of 

21   without even knowing what's in the file.  So it's 

22   sort of counterintuitive and, again, it goes 

23   against the original intent of the legislation 

24   that was -- that has been stated a number of 

25   times.  They have due process.  When 50-a is 


                                                               1789

 1   repealed, they will still continue to have due 

 2   process.  

 3                Again, the conversation is not about 

 4   due process.  It is about transparency, 

 5   Mr. President.

 6                SENATOR AKSHAR:   Mr. President, 

 7   through you, if the sponsor would continue to 

 8   yield.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?

11                SENATOR BAILEY:   I will yield.

12                ACTING PRESIDENT BENJAMIN:   The 

13   sponsor yields.

14                SENATOR AKSHAR:   Under the current 

15   framework, I as a defense attorney could say to 

16   the judge, I believe that there is something in 

17   Officer A's file, I am requesting that you review 

18   that data and see if there's anything substantial 

19   in there that is -- that has a direct correlation 

20   to the matter at hand.  

21                Is that the sponsor's understanding 

22   of the current framework?

23                SENATOR BAILEY:   So the judge has 

24   to review the request and issue -- and issue this 

25   prior -- even before they know a clear showing of 


                                                               1790

 1   facts.  So again, it kind of runs 

 2   counterintuitive.  How can -- how can you issue 

 3   that beforehand before you even know what's in 

 4   the record?  

 5                Again, these are the reasons why 

 6   this statute has been misapplied in its current 

 7   form and the reason why we need to repeal it.

 8                SENATOR AKSHAR:   Mr. President, 

 9   through you, if the sponsor would continue to 

10   yield.

11                ACTING PRESIDENT BENJAMIN:   Does 

12   the sponsor yield?

13                SENATOR BAILEY:   I will yield.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR AKSHAR:   Do you believe 

17   that the people -- I'm going back to the issue of 

18   People v. Sandoval, bringing past criminal 

19   behavior into the courtroom.  

20                Do you believe that the people as 

21   well have a very high burden to meet to bring 

22   past criminal activity into a current trial?  

23                SENATOR BAILEY:   Again, it depends 

24   on the probative value of the information before 

25   it's -- it's all contextual, Mr. President.  


                                                               1791

 1   Through you.

 2                SENATOR AKSHAR:   Mr. President, if 

 3   the sponsor would continue to yield.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield?

 6                SENATOR BAILEY:   I will yield.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   If a prosecutor 

10   had knowledge that a police officer had some 

11   issue in his background, his or her background, 

12   whether it be lying on the stand or an assault 

13   issue or a complaint of -- whatever it may be -- 

14   do the people have an obligation to disclose that 

15   information to the defense?  

16                SENATOR BAILEY:   Through you, 

17   Mr. President, the problem is that we don't have 

18   the knowledge of what's in the file.

19                SENATOR AKSHAR:   Let me just -- 

20   Mr. President, through you, if the sponsor would 

21   continue to yield.

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?

24                SENATOR BAILEY:   I will.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1792

 1   sponsor yields.

 2                SENATOR AKSHAR:   Let me just 

 3   clarify my question a little bit, do a better job 

 4   articulating.

 5                You know, maybe not in the City of 

 6   New York, because the boroughs are so big and -- 

 7   I'm not, quite honestly, familiar with how the 

 8   district attorneys' offices are set up.  But 

 9   nonetheless, I would suggest that district 

10   attorneys, those prosecuting cases, come to know 

11   over a period of time the police officers that 

12   they're interacting with on a daily basis.  

13                The question is is if a prosecutor 

14   had firsthand knowledge of some issue that could 

15   be detrimental to the case and beneficial -- 

16   detrimental to prosecuting the case and 

17   beneficial to the defense of the defendant, are 

18   the people -- do the people have an obligation to 

19   turn that information over to the defense?

20                SENATOR BAILEY:   Through you, 

21   Mr. President, that would be discoverable 

22   information.  Anything that is germane to that -- 

23   to that -- and that would be considered to be 

24   Brady material.

25                SENATOR AKSHAR:   Mr. President, 


                                                               1793

 1   through you, if the sponsor would continue to 

 2   yield.

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?

 5                SENATOR BAILEY:   Yes, 

 6   Mr. President.  

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   I appreciate the 

10   sponsor, during the outset, talking about holding 

11   hearings and listening to folks.  And I have said 

12   publicly in the last couple of days that I 

13   appreciated the fact that you listened and you 

14   made -- you've made some changes to this 

15   particular piece of legislation.  While you and I 

16   don't agree on it, I am pleased that you have 

17   listened and come a little bit forward.

18                I want to talk about unsubstantiated 

19   complaints, because I know that that is an issue 

20   in which the police and corrections community 

21   have spoken about a lot.

22                Why -- why were no -- why did you 

23   not take it a step further and address the 

24   unsubstantiated-complaint portion of this 

25   conversation in the context of the statute that 


                                                               1794

 1   we're currently debating?  

 2                SENATOR BAILEY:   Through you, 

 3   Mr. President, the term "substantiated" or 

 4   "unsubstantiated" is not a term that appears 

 5   anywhere in this bill.  That is a term of art 

 6   that is unique to the CCRB and the NYPD.  

 7                So the notion of the word 

 8   "substantiated" or "unsubstantiated" could not be 

 9   added because that is an internal determination.  

10   And when it's an internal determination, we don't 

11   have the ability to weigh in on substantiated 

12   versus unsubstantiated.

13                SENATOR AKSHAR:   Mr. President, 

14   will the sponsor continue to yield?

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?

17                SENATOR BAILEY:   I will yield.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR AKSHAR:   Does the sponsor 

21   believe in the CCRB?  

22                SENATOR BAILEY:   Through you, 

23   Mr. President, I believe that the CCRB exists.

24                SENATOR AKSHAR:   Through you, if 

25   the sponsor would continue to yield.


                                                               1795

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?

 3                SENATOR BAILEY:   The sponsor 

 4   yields.  

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR AKSHAR:   Do you believe 

 8   that the CCRB is doing the people's work?

 9                SENATOR BAILEY:   Through you, 

10   Mr. President, the CCRB is charged with a 

11   difficult job, as you know as a former member of 

12   law enforcement, tasked with reviewing things in 

13   context.  And that's what we hear all the time 

14   about law enforcement, how everything has to be 

15   understood in context.  

16                So I am not a member of the CCRB, so 

17   it would be very difficult for me to opine on the 

18   nature and their job description and work that 

19   they're doing every day.

20                SENATOR AKSHAR:   Mr. President, 

21   through you, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?

25                SENATOR BAILEY:   I will yield.


                                                               1796

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   The sponsor is 

 4   aware that New York City's very own CCRB has 

 5   reported that 98 percent of the complaints that 

 6   are filed against members of the NYPD have been 

 7   unsubstantiated by that very body?  

 8                SENATOR BAILEY:   Through you, 

 9   Mr. President, that is not a statistic that I 

10   have.  The statistic that I have unsubstantiated 

11   is 19 percent, I believe.  For 2019, it was 19 

12   percent.  

13                The 98 percent is something that has 

14   been bandied around on social media and other 

15   mediums, but I have not heard that as confirmed.  

16   Substantiated, excuse me, Mr. President, Senator.

17                SENATOR AKSHAR:   Okay.  

18   Mr. President, through you, if the sponsor would 

19   continue to yield.

20                ACTING PRESIDENT BENJAMIN:   Does 

21   the sponsor yield?

22                SENATOR AKSHAR:   I will yield.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR AKSHAR:   I just want to 


                                                               1797

 1   make sure, because I might be a little confused 

 2   on the numbers, you might be a little bit 

 3   confused.  

 4                You're suggesting the numbers that 

 5   you have seen from the CCRB, in the year 2019, 

 6   19 percent of the complaints against members of 

 7   the NYPD have been substantiated?  

 8                SENATOR BAILEY:   Through you, 

 9   Mr. President, that is information from the CCRB 

10   obtained from their annual 2018 report, yes.

11                SENATOR AKSHAR:   Thank you.  

12                Mr. President, will the sponsor 

13   continue to yield?

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR BAILEY:   I will yield.

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields.

19                SENATOR AKSHAR:   Let's go back to 

20   unsubstantiated complaints.  

21                Again, number one, why did we not 

22   remove -- in your amended versions of this 

23   particular statute, why did we not remove 

24   unsubstantiated complaints from information that 

25   would be turned over?  


                                                               1798

 1                And to use your word, what probative 

 2   value does an unsubstantiated complaint have?  

 3                SENATOR BAILEY:   Through you, 

 4   Mr. President.  Senator Akshar, you would make an 

 5   excellent attorney.  It's never too late to go 

 6   back to law school.  

 7                (Laughter.)

 8                SENATOR BAILEY:   And I'm being a 

 9   hundred percent serious.

10                When you're talking about 

11   unsubstantiated, again, it's very difficult for 

12   us to add something that wasn't in the previous 

13   iteration.  Like "unsubstantiated" or 

14   "substantiated," they don't exist in the current 

15   statute.

16                Furthermore, when you're talking 

17   about "substantiated" versus "unsubstantiated" in 

18   the framework that you're discussing them, you 

19   have to think about guilty versus not guilty.  

20                Now, not guilty doesn't mean 

21   innocent, it just means that the case could not 

22   be proven.  Unsubstantiated does not mean that 

23   something didn't happen.  It just means that 

24   there were circumstances around it that mean 

25   that -- that meant that it could not be proved as 


                                                               1799

 1   substantiated.

 2                Neither you or I are able to 

 3   indicate in every case that a complaint is made 

 4   whether "unsubstantiated" is something that 

 5   didn't rise to a certain level.  We don't know 

 6   the specific facts, so it's very difficult to 

 7   opine on "unsubstantiated" versus 

 8   "substantiated."

 9                SENATOR AKSHAR:   Mr. President, 

10   through you, if the sponsor would continue to 

11   yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR BAILEY:   I will yield.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AKSHAR:   Well, everybody in 

18   this great country is innocent until proven 

19   guilty.  Could we both agree on that?  

20                SENATOR BAILEY:   Through you, 

21   Mr. President, absolutely.  Based on the 

22   Constitution.  But it hasn't always been applied 

23   like that.

24                SENATOR AKSHAR:   The Constitution 

25   also guarantees the right of due process -- I'm 


                                                               1800

 1   on the bill.

 2                ACTING PRESIDENT BENJAMIN:    

 3   Senator Akshar on the bill.

 4                SENATOR AKSHAR:   The Constitution 

 5   of the United States also ensures that each of us 

 6   have due process.  And based on our conversations 

 7   that we've been having, it is very clear to me 

 8   that the member of law enforcement, fire, 

 9   corrections, et cetera, et cetera, is losing 

10   their right to due process under these particular 

11   changes.

12                I want to -- if the sponsor would 

13   continue to yield.

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR BAILEY:   I yield.

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields.

19                SENATOR AKSHAR:   Who's been the 

20   driving force behind repealing 50-a?

21                SENATOR BAILEY:   Through you, 

22   Mr. President.  In a word, everybody.  A 

23   cross-section of people.  

24                The New York Post mentioned it.  

25   Labor unions have mentioned it.  The Committee on 


                                                               1801

 1   Open Government has mentioned it.  The families 

 2   of individuals who have been killed by the 

 3   police, they've mentioned it.  Legislators have 

 4   mentioned it.  A lot of people have mentioned it.  

 5                So in this house, much like anything 

 6   is done, we take consensus.  We hold hearings.  

 7   We hear from the people about what needs to be 

 8   done and how we do it.  And as a legislator, as 

 9   Legislature, it is our duty to act on what the 

10   people want us to do.  

11                And this is something that has been 

12   brought forth by the people.  No one individual 

13   or entity has driven the bus on this, to use a 

14   metaphor.  This has been cooperatively brought 

15   forth by a number of people who are frustrated 

16   with the lack of transparency.  

17                SENATOR AKSHAR:   Mr. President, 

18   through you, if the sponsor would continue to 

19   yield.

20                ACTING PRESIDENT BENJAMIN:   Does 

21   the sponsor yield?

22                SENATOR BAILEY:   I will yield.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR AKSHAR:   The sponsor is 


                                                               1802

 1   suggesting that making an oral argument or 

 2   written argument to a judge as to why he or she 

 3   should have access to a record, depending on its 

 4   probative value, and the judge making that 

 5   determination, is in fact a lack of 

 6   transparency.

 7                SENATOR BAILEY:   Through you, 

 8   Mr. President.  At no time during this debate did 

 9   I say that.  Or suggest it.

10                SENATOR AKSHAR:   Mr. President, 

11   through you, if the sponsor would continue to 

12   yield.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?

15                SENATOR BAILEY:   I will yield.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR AKSHAR:   In terms of other 

19   professions throughout the state, some of which, 

20   of course, are -- have some oversight by some 

21   state agency, how are we dealing with their 

22   personnel records?  

23                Let me just start with the teachers.  

24   What are we doing with those in our public 

25   education system?  How are we addressing 


                                                               1803

 1   complaints about teachers?

 2                SENATOR BAILEY:   Through you, 

 3   Mr. President, teachers are incredibly important.  

 4   And the manner in which the records are -- that 

 5   the records that can be made available may be 

 6   different, but teachers are also not charged with 

 7   protecting the life and liberty of the public.  

 8   They're also not charged and have the ability to 

 9   carry a firearm that can inflict serious injury 

10   or, worse, death.  

11                So there may be a difference in the 

12   way that teachers' disciplinary records can be 

13   available, and they can still be made available.  

14   But they are not charged with the license to 

15   potentially take someone's life.

16                SENATOR AKSHAR:   Mr. President, 

17   through you, if the sponsor would continue to 

18   yield.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR BAILEY:   I will yield.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR AKSHAR:   I'm sorry, just 

25   because somebody chooses to put on a uniform and 


                                                               1804

 1   put his or her life in jeopardy every single day 

 2   by protecting the community that he or she loves, 

 3   that person should be treated differently in 

 4   terms of protecting their due process, protecting 

 5   their files, because they choose not to educate 

 6   our children, they choose to keep our community 

 7   safe?  

 8                And for the record, before you 

 9   answer, I too agree with you.  I'm not picking on 

10   teachers; I think those in that profession are 

11   incredibly important to the people of this state.

12                SENATOR BAILEY:   Through you, 

13   Mr. President, I would -- I would say that it's 

14   not about the uniform.  I would say that it's not 

15   about treating them different.  You've chosen an 

16   honorable profession prior to your life here, 

17   Senator Akshar.  Those in law enforcement have an 

18   incredible duty.  It's not a different treatment, 

19   it is simply a different -- it is potentially a 

20   different standard in the way that records are 

21   applied.

22                SENATOR AKSHAR:   Mr. President, 

23   through you, if the sponsor would continue to 

24   yield.

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               1805

 1   the sponsor yield?

 2                SENATOR BAILEY:   Yes.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR AKSHAR:   Back to the 

 6   teachers, if we may.  In terms of teachers and 

 7   how they deal with unsubstantiated complaints, 

 8   can you kind of walk me through that?  Because I 

 9   asked the question and it has relevancy here 

10   because we're talking about not addressing 

11   unsubstantiated complaints as they pertain to 

12   members of law enforcement.  But in the teaching 

13   profession there is a very clear delineation 

14   about what takes place in the Education Law about 

15   unsubstantiated accusations of misconduct against 

16   teachers.  What happens in that situation?

17                SENATOR BAILEY:   Again, when we're 

18   discussing substantiated versus unsubstantiated, 

19   it is very difficult for us to prove what 

20   specifically took place in an alleged, 

21   unsubstantiated conversation.  

22                For example, in the City of New York 

23   roughly 3,000 individuals made complaints about 

24   racial profiling.  Zero were substantiated.  Is 

25   it anyone's belief within the sound of my voice 


                                                               1806

 1   that nobody out of those 3,000 people was 

 2   racially profiled?  Sometimes you don't exactly 

 3   get what you get when -- you get what you want 

 4   when you look at things from a binary lens of 

 5   substantiated versus unsubstantiated, 

 6   Mr. President.

 7                SENATOR AKSHAR:   Mr. President, 

 8   through you, if the sponsor would continue to 

 9   yield.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?

12                SENATOR BAILEY:   Yes.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AKSHAR:   To my colleague, I 

16   mean, every criminal complaint against a citizen 

17   of this state is either substantiated or it is 

18   unsubstantiated, based on the facts that present.  

19   Is -- can we agree on that?

20                SENATOR BAILEY:   So there are other 

21   categories besides substantiated and 

22   unsubstantiated.  You can have founded and 

23   unfounded as well when you're relating to the 

24   NYPD.

25                SENATOR AKSHAR:   Mr. President, 


                                                               1807

 1   could the sponsor just clarify that a little bit?  

 2                I'm sorry, is that -- in terms of 

 3   what you just said, is that a particular 

 4   disposition on the book, if you will, within the 

 5   NYPD in terms of a complaint, either it is 

 6   founded or unfounded, it is substantiated or 

 7   unsubstantiated?

 8                SENATOR BAILEY:   Yes, it's 

 9   essentially saying that complaints are treated 

10   differently depending on the nature of them and 

11   the access there -- thereof.

12                SENATOR AKSHAR:   Mr. President, 

13   through you, if the sponsor would continue to 

14   yield.

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?

17                SENATOR BAILEY:   I will yield.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR AKSHAR:   Back to the 

21   teacher, because I didn't get an answer.

22                In terms of the Education Law and 

23   the teachers, if there is an unsubstantiated 

24   complaint, is that unsubstantiated complaint 

25   expunged from the record of the teacher?


                                                               1808

 1                SENATOR BAILEY:   Through you, 

 2   Mr. President, teachers have nothing to do with 

 3   Section 50-a.  They have never had anything to do 

 4   with Section 50-a.  And we can talk about 

 5   teachers, I would love to talk about teachers in 

 6   the context of a different bill concerning their 

 7   disciplinary records.

 8                SENATOR AKSHAR:   Okay.  

 9   Mr. President, I'm sorry, and to the sponsor, I'm 

10   sorry.  Mr. President, if the sponsor would 

11   continue to yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR BAILEY:   I will yield.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AKSHAR:   Does the sponsor 

18   of this piece of legislation believe that 

19   unsubstantiated complaints against members of law 

20   enforcement should be expunged from their record?

21                SENATOR BAILEY:   Through you, 

22   Mr. President.  Again, there is a difference 

23   between substantiated and unsubstantiated.  I 

24   cannot tell you today that based on every single 

25   complaint, whether substantiated or 


                                                               1809

 1   unsubstantiated, that I will be able to make a 

 2   determination.  Nobody can make a determination, 

 3   because it is driven by context.  

 4                When we're talking about 

 5   substantiated versus unsubstantiated, right, we 

 6   have to think about the framework of the 

 7   allegation.  Sometimes unsubstantiated claims 

 8   happen because people don't want to follow up.  

 9                As something that we brought up in 

10   the Codes Committee agenda, I've had personal 

11   experiences with police where I was stopped for 

12   what I believed to be no reason, and I didn't 

13   report it.  Now, there's no category, no 

14   subsection of unreported claims.  But it is -- 

15   yes, it's my opinion, Senator Robach.  It is 

16   definitely my opinion, without a doubt.  And 

17   please don't interrupt me when I'm speaking on 

18   the floor.

19                Substantiated versus 

20   unsubstantiated, again, it really depends on the 

21   context, Mr. President.  That's -- I would finish 

22   with that.

23                SENATOR AKSHAR:   Mr. President, 

24   through you, would the sponsor continue to yield?

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               1810

 1   the sponsor yield?

 2                SENATOR BAILEY:   The sponsor will 

 3   yield.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR AKSHAR:   What about -- I'll 

 7   use your word.  Again, I don't know if we got 

 8   clarification -- but in terms of founded or 

 9   unfounded.  If there was an allegation of 

10   inappropriateness by a member of the NYPD or any 

11   other police department, if that was an unfounded 

12   accusation, should that be expunged from the 

13   officer's record?

14                SENATOR BAILEY:   Through you, 

15   Mr. President.  The issue there is that it's an 

16   internal disciplinary process that we don't have 

17   any control over.  So I would have no knowledge 

18   as to -- or no one would have the knowledge as to 

19   how those records would be -- how those records 

20   would be categorized or completed.  

21                SENATOR AKSHAR:   Mr. President, 

22   through you, if the sponsor will continue to 

23   yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?


                                                               1811

 1                SENATOR BAILEY:   I will yield.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR AKSHAR:   Do we expunge the 

 5   records of criminals, those who commit criminal 

 6   acts against others, those who violate the 

 7   public's trust -- do we expunge their records in 

 8   this state?

 9                SENATOR BAILEY:   Through you, 

10   Mr. President, we do not expunge records in 

11   New York State.  Except marijuana convictions 

12   that we did last year.

13                SENATOR AKSHAR:   Mr. President, 

14   through you, if the sponsor would continue to 

15   yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR BAILEY:   The sponsor 

19   yields.  

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR AKSHAR:   Is the sponsor 

23   familiar with Section 160.59 of the Criminal 

24   Procedure Law, all records to be sealed of up to 

25   two convictions if an individual hasn't 


                                                               1812

 1   reoffended in the previous 10 years?

 2                SENATOR BAILEY:   Through you, 

 3   Mr. President, the Senator said it himself, 

 4   sealed.  The word "expunged" does not appear in 

 5   that subsection of the law.

 6                SENATOR AKSHAR:   If the sponsor 

 7   will continue to yield.

 8                ACTING PRESIDENT BENJAMIN:   Will 

 9   the sponsor yield?

10                SENATOR BAILEY:   Yes.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR AKSHAR:   Would the sponsor 

14   agree that -- I don't want to go down the 

15   substantiated/unsubstantiated path anymore 

16   because I believe you feel very passionately 

17   about that.  How about unfounded complaints or 

18   accusations against the police department, should 

19   they be sealed?  

20                SENATOR BAILEY:   Again, it goes to 

21   the internal disciplinary process.  We don't know 

22   how they came to that determination.  We don't 

23   know what information was compiled in that -- 

24   about that incident -- that alleged incident, I 

25   should say, to be fair.  We don't know how it was 


                                                               1813

 1   founded or unfounded.  

 2                That would be my reply to that, 

 3   Mr. President.

 4                SENATOR AKSHAR:   Mr. President, 

 5   through you, if the sponsor would continue to 

 6   yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR BAILEY:   I will yield.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR AKSHAR:   It seems to me 

13   that you are concerned with internal processes as 

14   much as having access to the record.  Is that a 

15   fair assumption?  I don't want to make 

16   assumptions.

17                SENATOR BAILEY:   Through you, 

18   Mr. President.  Unfortunately -- and I hate to 

19   disagree with my good colleague there -- that 

20   would not be an assertion -- that would not be 

21   accurate.  I am simply responding to your 

22   questions.  

23                And when you're asking me questions 

24   about internal processes that I would have no 

25   knowledge of, that's simply an answer that that 


                                                               1814

 1   exists.  

 2                SENATOR AKSHAR:   Mr. President, I 

 3   thank you, and I thank the sponsor for his 

 4   indulgence.  You know that I appreciate you.  

 5                ACTING PRESIDENT BENJAMIN:    

 6   Senator Akshar on the bill.

 7                SENATOR AKSHAR:   I did -- did I not 

 8   say that?  If I didn't say that, my apologies.  

 9   I'm on the bill.

10                ACTING PRESIDENT BENJAMIN:    

11   Senator Akshar on the bill.

12                SENATOR AKSHAR:   Mr. President, I 

13   thank you.  

14                I thank the sponsor for his 

15   indulgence.  I know that you are incredibly 

16   passionate about this issue.  You and I disagree 

17   on it, and that's okay.  But I do thank you for, 

18   at the very least, listening to some of the 

19   concerns that members of law enforcement have.

20                Mr. President, I'm going to keep the 

21   rest of my remarks to myself until time to 

22   explain my vote.  Thank you.

23                ACTING PRESIDENT BENJAMIN:   Are 

24   there any other Senators wishing to be heard?

25                Seeing and hearing none, debate is 


                                                               1815

 1   closed.

 2                The Secretary will ring the bell.

 3                Read the last section.

 4                THE SECRETARY:   Section 5.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Gianaris to explain his vote.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.

13                Today is a historic day, and this 

14   bill is of critical importance.  And I want to 

15   start by thanking so many of my colleagues who 

16   worked long and hard to get to this point, most 

17   notably Senator Bailey, who you just heard debate 

18   the bill and will hear from again, and our 

19   leader, Andrea Stewart-Cousins, who has been an 

20   historic figure in this chamber and has led us to 

21   this day.

22                But it doesn't just stop with the 

23   two of them.  In the course of this discussion 

24   over the last several weeks and months, in 

25   talking to members of this body and members of 


                                                               1816

 1   the Assembly who are leaders in their 

 2   communities, leaders in the black communities in 

 3   our state, and how every single one of 

 4   them has a personal story to tell about how the 

 5   lives of black people in this country are 

 6   different than everyone else's when it comes to 

 7   interactions with law enforcement and with the 

 8   police.  

 9                Many have been very personally 

10   affected directly, as we all saw in the news when 

11   Senator Myrie and Assemblywoman Richardson were 

12   pepper-sprayed when trying to keep the peace in a 

13   protest.  Others have had their families be 

14   subject to that kind of behavior through the 

15   years.  And almost all of them and all of us that 

16   have any friends who are black have heard stories 

17   of the inequity of our police forces.  

18                Now, how did we get to this point?  

19   Because too often the police themselves -- their 

20   union leaders, their defenders -- take an 

21   adversarial approach, as if no one can do 

22   anything wrong if they're wearing a badge.  And 

23   you see it any time there's an accusation, the 

24   first line of defense:  Oh, it must have been 

25   something -- you know, it must have been 


                                                               1817

 1   something else.  You don't understand, you didn't 

 2   see it.  Until, lo and behold, everyone got 

 3   cameras on their phones and body cameras on some 

 4   uniforms.  Then that got stripped away.  

 5                Then it must be something else.  

 6   Then it must be the demonization of the victim, 

 7   which we've seen time and again, going back 

 8   20 years when Rudy Giuliani did it to 

 9   Patrick Dorsimond, releasing juvenile records, as 

10   if that somehow means someone should be abused 

11   and beaten and killed.

12                That instinct to defend at all costs 

13   is why we have a systemic problem with law 

14   enforcement.  And when all those layers get 

15   stripped away, when there is no -- when it 

16   becomes indefensible when you see some of these 

17   incidents, it comes down to, well, then, it must 

18   be that individual cop.  He's a problem.  He's a 

19   bad apple, is what we hear a lot.  

20                It's fascinating to me that the bad 

21   apple metaphor gets used in this context, because 

22   it's almost as if those that use it have lost 

23   sight of where it came from.  The idea of a bad 

24   apple spoiling the bunch is that when you have a 

25   basket of apples and one of them's bad, the rot 


                                                               1818

 1   infests the other apples in the basket.  

 2                And that's what's happened in our 

 3   police in this country.  Because there's not been 

 4   a willingness to acknowledge the systemic problem 

 5   and deal with it and say yes, there is inequity, 

 6   there is injustice in law enforcement in this 

 7   country, we have spoiled the whole barrel of 

 8   apples and the entire system.  

 9                As we sit here today taking what 

10   should be the most basic of approaches and 

11   saying, let us know who the people with a history 

12   of problems are, so that we can work to improve 

13   the system and instill more confidence and faith 

14   in it on behalf of the public, there's resistance 

15   even to that.

16                I mean, make no mistake, the repeal 

17   of 50-a that we're doing right now is critical 

18   and important, but it should be just the 

19   beginning to changing our society in a way that 

20   all people are treated equally and we have a law 

21   enforcement that's actually enforcing the laws 

22   and not doing things that should not be within 

23   its purview.  

24                So I am proud to cast my vote in the 

25   affirmative on this bill.  I thank, again, 


                                                               1819

 1   Senator Bailey and all my colleagues who have had 

 2   to live a different life than many of us.  

 3   Growing up, I saw a uniform and I saw a 

 4   protector.  That's what I was taught.  And for 

 5   people of color in our country, they look at it 

 6   and see a threat.  And they're not wrong.

 7                And so I'm proud of the entire 

 8   package of bills we're passing this week, and I'm 

 9   most proud to cast a vote in the affirmative on 

10   this bill repealing 50-a.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Gianaris to be recorded in the affirmative.

14                Senator Parker to explain his vote.  

15                SENATOR PARKER:   Thank you, 

16   Mr. President.

17                This really isn't a time for 

18   rejoicing.  I'm proud to cast my vote aye for 

19   this important bill to provide transparency and 

20   some accountability to individual police 

21   officers.  

22                I know there's been a lot of 

23   conversation in this chamber about due process.  

24   This is not about taking away due process.  This 

25   is really about shining light on the records of 


                                                               1820

 1   some bad individuals who should be protecting our 

 2   communities but oftentimes are not.  It has been 

 3   almost impossible to get a prosecution of a bad 

 4   police officer in this state, deservedly or not, 

 5   because of lack of access to their personnel 

 6   records.  

 7                This bill does a good job at 

 8   striking a balance between that transparency and 

 9   protecting the identity of critical information 

10   about that officer.  And let me thank Senator 

11   Jamaal Bailey for his important work, and all the 

12   staff here, and of course our leader, Andrea 

13   Stewart-Cousins, for continuing to fight to make 

14   sure this important legislation gets passed 

15   today.

16                This is going to be really, really 

17   important.  But as I said, this is no time for 

18   rejoicing.  This bill has been around for over a 

19   decade.  This is not a new issue.  And the only 

20   reason why we're bringing it to the floor now is 

21   because the nation is burning.  

22                And frankly, African-Americans 

23   shouldn't have to burn down the country in order 

24   to get basic civil rights and civil liberties.  

25   The right not to be killed in the middle of an 


                                                               1821

 1   arrest should be a basic right for people who 

 2   have lived in this country, and we demand it not 

 3   just for African-Americans but for all people.

 4                And so I'm glad to cast my vote aye 

 5   today for something that is part of a process of 

 6   bringing transparency and accountability to the 

 7   police department and restoring -- or at least 

 8   hoping to begin the process of restoring -- the 

 9   confidence of the people of this great state to 

10   its government and to its law enforcement 

11   agencies.

12                I vote aye.

13                ACTING PRESIDENT BENJAMIN:    

14   Senator Parker to be recorded in the affirmative.

15                Senator Salazar to explain her vote.

16                SENATOR SALAZAR:   Thank you, 

17   Mr. President.

18                It's been eight years since Ramarley 

19   Graham, an unarmed 18-year-old black teenager, 

20   was shot in his own home by NYPD Officer Richard 

21   Haste, in the presence of Ramarley's little 

22   brother and his grandmother.  

23                Unsurprisingly, Officer Haste never 

24   faced criminal charges for stalking Ramarley, for 

25   breaking into his home, and for killing him.  And 


                                                               1822

 1   despite the harrowing facts of this case, it was 

 2   difficult to even get the NYPD to hold an 

 3   internal disciplinary trial until five years 

 4   later, while Officer Haste remained on the force.

 5                It is shameful that Ramarley's 

 6   family had to rely on records sparsely leaked to 

 7   the press just to find out basic information 

 8   about the officers who were responsible for 

 9   killing Ramarley.  We know that several officers 

10   were directly involved, but even now, eight years 

11   later, at this very moment, Ramarley's family 

12   has still only been allowed to know some of those 

13   officers' names.  And we know even less about 

14   whether or not those officers' records included 

15   previous violence against unarmed civilians.

16                Repealing Section 50-a is about 

17   giving these families answers when we know that, 

18   collectively, we have not given them justice.  

19   The case of Ramarley Graham is sadly, of course, 

20   not the only one.  But even more than giving 

21   these families the ability to know who killed 

22   their children and their siblings, their fathers 

23   and mothers, we also have a responsibility to do 

24   everything we can to prevent this from happening 

25   again and again.


                                                               1823

 1                This bill will allow New Yorkers to 

 2   finally find out whether an officer who's 

 3   currently policing in our communities has racked 

 4   up complaints for using excessive force or for 

 5   making illegal stops or for any other kind of 

 6   misconduct.  It will also indicate to us whether 

 7   police departments have taken these misconduct 

 8   complaints seriously in the past or whether they 

 9   have ignored or dismissed them.

10                By repealing Section 50-a, we will 

11   make it possible to find out whether police 

12   departments have ignored repeated patterns and 

13   complaints about officers' behavior.  Police 

14   departments will no longer be able to conceal 

15   whether or not they knew about previous 

16   excessive-force complaints in their too-frequent 

17   attempts to avoid responsibility.

18                When Officer Haste finally had to 

19   face Ramarley Graham's family in an 

20   administrative court in 2017, I was present for 

21   his disciplinary trial.  I listened as the 

22   officer gave excuses for profiling Ramarley, for 

23   following him home, for breaking into his 

24   apartment, and ultimately for taking this young 

25   man's life.  


                                                               1824

 1                Officer Haste testified that as he 

 2   watched Ramarley from a distance, he was 

 3   suspicious and he chose to follow Ramarley solely 

 4   because Ramarley was, quote, walking with a 

 5   purpose.  

 6                I've reflected over the last few 

 7   years since that trial about what those words 

 8   really mean, about what his words tell us about 

 9   racism in law enforcement and in our society.  We 

10   live in a world in which it is sometimes treated 

11   as a crime and a risk to a young black man's life 

12   for him to walk with a purpose, for him to simply 

13   walk confidently in his own neighborhood.  

14                It shouldn't have taken this current 

15   crisis in order to compel us as a Legislature to 

16   finally act to improve accountability and 

17   transparency.  And there's still far more that we 

18   must do.  We can't afford to continue to delay 

19   change and justice.  But I'm proud to finally 

20   vote in support of repealing 50-a today, and I 

21   see this as a step forward.  May we all get to 

22   see the day when every person, regardless of 

23   their skin color, can walk confidently and safely 

24   in their own neighborhood.

25                Thank you, Mr. President.


                                                               1825

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Salazar to be recorded in the affirmative.

 3                Senator Hoylman to explain his vote.

 4                SENATOR HOYLMAN:   Thank you, 

 5   Mr. President.  I rise to explain my vote.  

 6                I want to thank my colleagues for 

 7   that debate; in particular, Senator Bailey.  I 

 8   was never so moved on this floor when Senator 

 9   Bailey earlier this session discussed his 

10   great-great-great-grandmother, and the bill of 

11   sale that he held surrounding her enslavement was 

12   one of the most powerful moments I've ever 

13   witnessed on the floor.  So I want to thank 

14   Senator Bailey for sharing that and for fighting 

15   for it.  I think she would be extremely proud of 

16   you, as I'm sure your entire family is.

17                I want to speak, Mr. President, as 

18   an LGBTQ person, because what I see through this 

19   movement is something I share as a gay man who 

20   witnessed the birth of our human rights movement 

21   at Stonewall 51 years ago in my district.  

22                Stonewall was a riot.  Stonewall was 

23   a protest.  Stonewall was fighting the police.  

24   Stonewall was led by black and brown people, 

25   including Marsha P. Johnson, a black transgender 


                                                               1826

 1   woman, and Sylvia Rivera, a black Latina woman.  

 2   Both of them are representations of what we are 

 3   witnessing today, that the marches have become a 

 4   movement and that because of the hundreds of 

 5   thousands of people across this country -- in our 

 6   districts, in the city, in the state, 

 7   internationally -- we have seen civil rights move 

 8   forward.  

 9                I just want to share with you, 

10   Mr. President, my office has received close to 

11   500 telephone calls, over 15,000 emails from 

12   constituents in support of the repeal of 50-a.  

13   The volume of emails in the Senate is so high 

14   that Google has actually throttled our accounts 

15   because we were sending out so many responses.  

16                This is a landmark moment in so many 

17   respects, a transformative movement for all of 

18   us.  

19                I also want to say that, you know, 

20   within every age group -- we see a lot of young 

21   people out on the streets, in my district and in 

22   others, of all diversity.  It's something 

23   President Obama has noted as being seminal to the 

24   success of this movement.  But one of my former 

25   colleagues tweeted that his 94-year-old aunt 


                                                               1827

 1   wheeled her walker out to a Black Lives Matter 

 2   demonstration outside of her building.  That's 

 3   what we're witnessing.  It's intergenerational, 

 4   Mr. President.

 5                And I finally want to say that it is 

 6   a privilege, it is a privilege to be here to 

 7   stand with my black and brown colleagues, to have 

 8   this opportunity -- which I hope my colleagues 

 9   across the aisle share -- that we can respond 

10   nationally, internationally, to the needs, to the 

11   rights, to the desires, to the dreams of black 

12   and brown people by repealing 50-a today.

13                So I vote aye very proudly, 

14   Mr. President, and take a stand for racial 

15   justice and against police brutality.  

16                Thank you.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Hoylman to be recorded in the affirmative.

19                Senator Savino to explain her vote.

20                SENATOR SAVINO:   Thank you, 

21   Mr. President.

22                I'm going to take this off {removing 

23   mask} because I find it rather annoying to wear 

24   sometimes.

25                This is a monumental day.  It is not 


                                                               1828

 1   often that civil rights are born and die in this 

 2   chamber.  And a civil right that was born in this 

 3   chamber in 1976 by a former colleague of ours, 

 4   Senator Frank Padavan, is passing away here 

 5   today, led by Senator Bailey -- for the right 

 6   reason then, the right reason now.  It's an odd 

 7   thing to find yourselves at this moment.

 8                If you look back at the history of 

 9   50-a -- I think Senator Bailey touched on it 

10   earlier -- the original intent of the law was to 

11   prevent attorneys from getting copies of 

12   personnel files of police officers to impugn 

13   their testimony in criminal trials, to prevent 

14   them from being harassed by opportunistic 

15   attorneys.  It is a law that has been 

16   misinterpreted by multiple courts and agencies 

17   over the decades, and it has led us to where we 

18   are now and has created a level of distrust and a 

19   lack of transparency that has created such a 

20   sense of distrust amongst the public and 

21   law enforcement.  

22                And unlike some of my colleagues, I 

23   don't believe one bad cop spoils all of them.  I 

24   believe that the vast majority of the members of 

25   the police departments and law enforcement across 


                                                               1829

 1   this state are good people who get up every day, 

 2   put on a uniform and go to work to make sure that 

 3   I get home every night and you get home every 

 4   night.  

 5                Are there bad ones there?  Yes.  

 6   Should they be dealt with?  Absolutely.  Should 

 7   they be disciplined and prosecuted?  No doubt.  

 8   And should we make sure that happens?  Quickly, 

 9   because that one bad apple can make everybody 

10   look bad.  

11                Heaven forbid we should be judged by 

12   the worst of those who have stood in this 

13   chamber.  I've been in this Senate chamber 

14   16 years.  Nine of us, since I got here, have 

15   gone to prison.  I would hate to be judged by 

16   their behavior.  

17                But we are here today doing 

18   something that the public has demanded.  And I 

19   want to thank Senator Bailey, because he didn't 

20   just do a straight-up repeal, he listened.  I had 

21   the opportunity to talk to him, and I know he 

22   consulted the very people who are affected by 

23   this.  

24                And we were able to make him 

25   understand that a straight-up repeal was just not 


                                                               1830

 1   fair, that there are things that people do -- 

 2   everybody makes mistakes at work, everybody gets 

 3   jammed up.  There are disciplinary cases that 

 4   have nothing whatsoever to do with whether or not 

 5   you are a danger to the public or whether you're 

 6   a decent cop.  Everyone is late.  Everyone calls 

 7   in sick once too many times.  Everyone has a bad 

 8   day.  Those records should not be made public.  

 9   Your personal information shouldn't be made 

10   public.  We should protect those things the way 

11   we do for other public employees.  

12                He listened, he internalized that, 

13   and he put it into this law.  

14                But we need to go further, 

15   Senator Akshar.  You talked about it earlier, we 

16   spoke about it in the Codes Committee.  All 

17   public employees should have the ability to have 

18   unsubstantiated cases, including disciplinary 

19   cases where they were exonerated, expunged from 

20   their record.  They don't have that now.  I'm 

21   going to introduce legislation to do that.  

22   Because that should not remain in their file.  

23                We're going to repeal 50-a, we're 

24   going to reform it today, we're going to provide 

25   the transparency that the public wants.  But I 


                                                               1831

 1   would like to say I've never been a cop, but I 

 2   have been a union leader.  And it disturbs me 

 3   greatly to hear people say things like "Some 

 4   people shouldn't have a voice in work" and "We 

 5   should get rid of police unions."  

 6                And I'm going to get very emotional 

 7   about that, because the day when we start saying 

 8   that any worker shouldn't have the right to have 

 9   a voice at work, we should strip them of their 

10   right to bargaining or collective bargaining 

11   rights or representation -- what are we saying?  

12   I don't care if you like their union, I don't 

13   care if you like their union leader.  Every 

14   worker in this country deserves collective 

15   bargaining rights.  That is something that 

16   shouldn't even be subject to discussion.  

17                I'm going to vote for this bill, 

18   Senator Bailey, because I think you've struck the 

19   right balance.  But let us be careful when we 

20   start to talk about who should and shouldn't have 

21   rights in this country.

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Savino to be recorded in the affirmative.

25                Senator Ramos to explain her vote.


                                                               1832

 1                SENATOR RAMOS:   Yes, thank you, 

 2   Mr. President, once again.  

 3                I came here to Albany to personally 

 4   vote for this bill because it's just so important 

 5   that we begin to lift the cap off of hundreds of 

 6   years of injustice on behalf of an institution 

 7   that is a direct result from slave patrols in 

 8   this country 400 years ago.

 9                It's so unfortunate that so many 

10   black lives have been lost and that it's taken 

11   this pandemic for so many to realize how 

12   important it is that black lives matter.  Black 

13   Lives Matter is the minimum.  Black lives 

14   shouldn't just matter, they should be cherished, 

15   they should be celebrated, and they should be 

16   loved.  

17                And that is true of our public 

18   policy.  Because what we've seen and what I fear 

19   we'll see now that we repeal 50-a is that the 

20   NYPD as an institution, as a bureaucracy, has not 

21   been keeping us safe.  

22                And this is why before, when we were 

23   talking about body cameras, I started to talk 

24   about defunding the NYPD.  Because it's critical 

25   that we do have public safety.  It's critical 


                                                               1833

 1   that we rethink, recategorize these emergency 

 2   response systems that are needed.  But there's no 

 3   need for them to be centralized behind a brass 

 4   that has a history of being racist, of being 

 5   misogynist, of being anti-immigrant.  

 6                I myself in my district have had 

 7   instances where police officers refuse to provide 

 8   translation for my neighbors who don't speak 

 9   English.  I'm someone who's been stopped and 

10   frisked.  I'm someone who actually marched just a 

11   few weekends ago in my district and was hit with 

12   a baton -- by a Latino police officer.

13                It just has to stop.  This is not 

14   the way to keep us safe.  The NYPD as an 

15   institution has not been able to do this.  And 

16   it's time that we start listening to those who 

17   are closest to the pain.  

18                So I am here proudly representing 

19   not only my black constituents, but all of my 

20   constituents, in making sure that we have a 

21   bolder vision, a bolder plan that divests from 

22   law enforcement and invests in healthcare, in 

23   education, in transportation, and in everything a 

24   human being needs in order to thrive in this 

25   country no matter the color of their skin.


                                                               1834

 1                I proudly vote to repeal 50-a.  I 

 2   thank the bill sponsor.  And let this be just a 

 3   bright start for what's to come.  

 4                Thank you.

 5                ACTING PRESIDENT BENJAMIN:    

 6   Senator Ramos to be recorded in the affirmative.

 7                Senator Harckham to explain his 

 8   vote.

 9                SENATOR HARCKHAM:   Thank you, 

10   Mr. President.

11                I want to thank, first of all, 

12   Senator Bailey for his sponsorship of this 

13   measure; you, Mr. President, for your leadership 

14   on some of these measures, Senator Parker, 

15   Senator Myrie, and of course our leader, Senator 

16   Andrea Stewart-Cousins, the Majority Leader, for 

17   building consensus around this package.

18                And we are at a stark time in our 

19   history, both in our state and in our nation, and 

20   it's up to us to now take action.  And there are 

21   some who would say that this package is somehow 

22   anti-police.  I would disagree.  I would say this 

23   is pro-police and pro-community, because it 

24   strengthens the bonds between our police 

25   departments and the communities they serve 


                                                               1835

 1   through increased transparency and 

 2   accountability.

 3                And I think that's why some of these 

 4   measures have had broad bipartisan support, 

 5   because transparency and accountability breed 

 6   trust.  You know, sunshine is a great 

 7   disinfectant; it also makes things grow and 

 8   flourish.

 9                And this is not just a one-day or a 

10   one-set-of-bills remedy.  In order to fulfill the 

11   promise of our Constitution and our nation that 

12   everyone receive fair justice, we are making a 

13   start.  This is a down payment.  But there are so 

14   many other avenues of our society, from education 

15   to healthcare to housing -- as I believe you said 

16   the other day, Mr. President -- we have so much 

17   more work to be done.  

18                But let this be a down payment on 

19   the notion that justice will no longer be denied, 

20   and justice will be fair for all.  Thank you.  I 

21   vote aye on this and the entire package.  

22                Thank you.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Harckham to be recorded in the affirmative.

25                Senator Borrello to explain his 


                                                               1836

 1   vote.

 2                SENATOR BORRELLO:   Thank you, 

 3   Mr. President.

 4                The past two weeks have opened a 

 5   wound in our nation that must demand our 

 6   attention.  Justice must be served for George 

 7   Floyd and his family, for his shocking and unjust 

 8   death.  

 9                But addressing one terrible 

10   injustice by creating the potential for many more 

11   is not the answer.  The repeal of 50-a of the 

12   Civil Rights Law will heighten the already 

13   significant risk police officers face every day 

14   by opening personnel records, including reports 

15   of unsubstantiated and unfounded complaints.  

16                The very nature of law enforcement 

17   is one that incites many vengeful perpetrators to 

18   retaliate by filing groundless complaints.  Now 

19   those unfounded complaints will become fodder to 

20   discredit officers or, even worse, they may 

21   trigger anger and violence.

22                While any officer who abuses their 

23   position must be held accountable in a court of 

24   law, this is not about accountability.  This is 

25   reckless.  Just like we saw with bail reform, 


                                                               1837

 1   leaving the group most affected out of the 

 2   conversation about how to improve the system will 

 3   have unintended consequences and tragic results.  

 4   The repeal of 50-a without a thoughtful dialogue 

 5   and debate about the reforms will lead to 

 6   disastrous results, like we saw with bail reform.  

 7   It's going to make New Yorkers less safe.

 8                This is the repeal of a civil right.  

 9   Everyone deserves due process, even police 

10   officers and members of law enforcement.  Where 

11   else in our nation do we allow false and 

12   unsubstantiated claims to be used against anyone?  

13   This is unjust.  It's wrong.  It is absolutely a 

14   violation of our Constitution.  We as Americans 

15   should always allow due process, and we are 

16   innocent until proven guilty.  And in other 

17   situations in this chamber, we've had that exact 

18   discussion.  So this is hypocritical at best.  

19                I am voting no.  I am standing with 

20   those who serve us every day and risk their 

21   lives.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Borrello to be recorded in the negative.

25                Senator Mayer to explain her vote.


                                                               1838

 1                SENATOR MAYOR:   Thank you, 

 2   Mr. President.  I want to explain my vote.  

 3                And thank Senator Bailey and our 

 4   leader, Senator Andrea Stewart-Cousins, for 

 5   bringing this bill to the floor.  

 6                Today we are taking a bold and 

 7   important first step toward reform in our system 

 8   of policing, a step we must take to begin to 

 9   rebuild the trust between law enforcement and the 

10   black and brown New Yorkers they are pledged to 

11   serve.  

12                As someone who has worked closely 

13   with my local police departments as well as 

14   police and other law enforcement unions 

15   statewide, this was not an easy decision.  

16   Nevertheless, it is the right decision.  

17                For years I thought the incremental 

18   changes that I supported within the law 

19   enforcement community were practical reforms to 

20   address the problem.  Like so many others, I 

21   thought encouraging diversity in police ranks, 

22   community policing, stronger communication 

23   between police officials and minority leadership, 

24   and enhanced training and tougher leadership that 

25   required accountability would limit the targeting 


                                                               1839

 1   of people of color and in some cases the terrible 

 2   loss of life.

 3                I was wrong.  We need action to 

 4   change the institutional forces that sadly have 

 5   brought us to this day.  We cannot have our 

 6   New York neighbors, constituents and others 

 7   justifiably afraid they will be pulled over in 

 8   their cars, accosted on the street, arrested, 

 9   abused, or in some cases killed.  We need change 

10   now.

11                I have decided Section 50-a of the 

12   Civil Rights Law, adopted over 40 years ago, can 

13   no longer be the standard for the release of 

14   disciplinary records of officers.  Rather, law 

15   enforcement officers, like so many other public 

16   officials, must be accountable to the public in 

17   order for trust to be restored.

18                While maybe well-intentioned so many 

19   years ago, the statute no longer protects the 

20   public or balances the public's interest against 

21   the privacy concerns that have been used to 

22   defend it.  The Court of Appeals as recently as 

23   2018, in NYCLU vs. New York Police Department, 

24   again interpreted the law so broadly as to 

25   fundamentally bar all disclosure of prior police 


                                                               1840

 1   disciplinary records.  

 2                The exception in the law which 

 3   theoretically allows disclosure is really no 

 4   exception at all.  In reality, under 50-a no one 

 5   in the public can see an officer's prior 

 6   disciplinary record under any circumstances.

 7                The bill we adopt today which grants 

 8   additional personal privacy to law enforcement 

 9   from some of the disclosure provisions of the 

10   FOIL law, is a fair adjustment.  It protects law 

11   enforcement from unwarranted personal disclosures 

12   and allows technical infractions to be withheld 

13   from the public record.

14                This week I spoke with a 

15   distinguished judge advocate general, or JAG 

16   officer, in my district who struggled to find 

17   answers after the death of George Floyd.  She 

18   thoughtfully reminded me the military sees these 

19   issues quite differently.  While clearly 

20   imperfect, in the military there's an expectation 

21   that all officers are held to a higher standard:  

22   They have an affirmative duty to speak up and 

23   stop unlawful behavior, and the disclosure of 

24   information about prior incidents is actually 

25   necessary to ensure fundamental trust in the 


                                                               1841

 1   military system of justice.

 2                We should take this comparison to 

 3   heart as we move to change the laws that have 

 4   contributed, unfortunately but justifiably, to a 

 5   fundamental distrust in our law enforcement 

 6   system.  This is a moment of national reckoning 

 7   that makes me optimistic and determined at the 

 8   same time -- optimistic because Americans of all 

 9   colors, faiths and ages are forcing us to look 

10   reality in the eye and acknowledge our system 

11   must change to confront and end racism in all its 

12   forms.  

13                However, it is a moment of challenge 

14   that only determined action can address.  

15   Peaceful and loud demonstrations in the streets 

16   of my communities and yours -- in New Rochelle, 

17   White Plains, Yonkers, Harrison, Mamaroneck, 

18   Bedford, Bronxville, Tuckahoe, Port Chester and 

19   elsewhere -- are good:  Demonstrations protected 

20   under the First Amendment, demonstrations in my 

21   communities protected by the police.  However, 

22   they're not enough.  They must lead to real 

23   reform.  We cannot wait for incremental change 

24   and continue to rely on the prior innocent belief 

25   that simply the good officers would outweigh and 


                                                               1842

 1   outpower the bad.  

 2                Demonstrations need to lead to 

 3   meaningful reform.  Sometimes change is 

 4   uncomfortable.  Sometimes change is not easy.  

 5   Sometimes change comes with risk, even political 

 6   risk.  However, it is our responsibility as 

 7   elected officials to make this change.

 8                The bill I vote for today and the 

 9   others that are part of this package will be an 

10   important step toward this change.  These bills 

11   will not harm the tens of thousands of 

12   professional, compassionate and responsible 

13   officers I have supported who have nothing to 

14   fear and with whom I will continue to stand.  

15   However, it will change the culture of secrecy, 

16   the patterns of illegality that have been allowed 

17   to fester, and the legalized denial of 

18   accountability that have held us back for too 

19   long.  

20                In the process, we will move our 

21   state toward a more just state for every New    

22   Yorker -- those whose skin is darker than mine, 

23   but those who are equally entitled to our system 

24   of justice for all.  

25                I proudly vote aye.


                                                               1843

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Mayer to be recorded in the affirmative.

 3                Senator Krueger to explain her vote.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.

 6                I want to speak on all of the bills 

 7   just at one time, because we are clearly all 

 8   having a broad discussion here today.

 9                I also want to recognize and thank 

10   my members who have taken the lead on most of the 

11   bills that are passing today, most of whom are of 

12   color.  Because in fact what we are talking about 

13   is needing change to ensure that in a country 

14   that prides itself on saying we have equal rights 

15   for all, that we make sure that we have laws that 

16   protect us all equally and respect us all 

17   equally.  

18                And clearly, for anyone who has not 

19   been in a coma recently, we understand that 

20   literally the country has stood up, taken to the 

21   streets, taken a knee, and said enough is enough, 

22   we need to address institutional racism 

23   throughout our society.

24                But perhaps most relevant, because 

25   of the danger and the harm being done, is making 


                                                               1844

 1   sure we are clear that the laws that we write as 

 2   legislators and get implemented through our 

 3   police departments and our courts are implemented 

 4   in a way that is colorblind, even though clearly 

 5   none of us are colorblind and we have not 

 6   addressed core racism in our society.

 7                Over the last weeks I have never 

 8   seen as many emails, calls, and texts from people 

 9   within my own district, a disproportionately 

10   Caucasian district, begging me to support these 

11   bills, demanding me to come back to Albany to 

12   make sure that these bills get passed.  

13                I've never seen the engagement, in 

14   the 18 years I've been in the Senate, on the 

15   streets -- not only of my entire city, but 

16   specifically the people in my district taking to 

17   the streets in my district in a peaceful and 

18   organized way.  This incredible response makes me 

19   more proud than ever to represent my community, 

20   because my community understands these 

21   reforms are decades past due and they are 

22   demanding justice disproportionately for people 

23   who don't live in my community.

24                And though these bills represent 

25   progress, they only go a small way towards 


                                                               1845

 1   righting the wrongs our current system inflicts 

 2   on African-American people and other people of 

 3   color on a daily basis in our society.  Our 

 4   housing policies, our public health policies, our 

 5   education policies, our environmental policies 

 6   all create the conditions that perpetuate 

 7   widespread segregation in our country, our state, 

 8   and our City of New York.

 9                That segregation has a direct human 

10   cost for individuals and communities of color.  

11   We see it clear as day in the disparity of deaths 

12   caused by COVID-19 in these communities.  Going 

13   forward, we must continually recommit ourselves 

14   to addressing the structural, systemic racism 

15   that results in significantly diminished outcomes 

16   for people of color in education, healthcare, 

17   employment, the criminal justice system, and on 

18   many other fronts.  

19                Let me be very clear.  These pieces 

20   of legislation are not an attack on police 

21   officers or any police department.  Police 

22   officers, like elected officials, are public 

23   servants.  Elected officials, because we have 

24   been given the power to make laws and to allocate 

25   public funds, should be held to a higher standard 


                                                               1846

 1   than other citizens.  I have always fundamentally 

 2   believed that since I took this job as an elected 

 3   official.  After all, nobody forced us to take 

 4   this job.  

 5                Similarly with police officers, 

 6   because they are given the power to make arrests 

 7   and use deadly force when necessary, they must 

 8   also be held to a very high standard and 

 9   oversight of their conduct.

10                That's the goal of all the bills we 

11   are passing today and yesterday and perhaps 

12   tomorrow.  The vast majority of police officers 

13   and those who support them should welcome efforts 

14   to root out the so-called bad apples before they 

15   spoil the whole barrel, because we all need a 

16   civil society that we can live in in peace, where 

17   we can respect each other, where legitimate 

18   protest is allowed and encouraged.  I repeat, 

19   encouraged.  

20                We need a court system that 

21   recognizes habeas corpus, which right now 

22   apparently we have a few problems with as well in 

23   this state and with a few judges who don't seem 

24   to understand the right to arraignment and habeas 

25   corpus.  We all need to do better.


                                                               1847

 1                So I am very proud, despite the 

 2   controversy some seem to believe come with these 

 3   bills, I am very proud to be part of a history 

 4   that will reflect my support for this 

 5   legislation, my vote for this legislation, my 

 6   vote for this entire package.  

 7                Again, I want to thank the lead 

 8   sponsors for their incredible work, and I want to 

 9   thank Andrea Stewart-Cousins, our leader in the 

10   Senate, because I'm quite sure these bills would 

11   not be passing today or have ever hit the floor 

12   of the Senate if we did not have a leader named 

13   Andrea Stewart-Cousins.

14                Thank you, Mr. President.

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Krueger to be recorded in the 

17   affirmative.

18                Senator Gallivan to explain his 

19   vote.

20                SENATOR GALLIVAN:   Thank you, 

21   Mr. President.  

22                Many in the chamber know my 

23   background.  I was a New York State trooper and 

24   the sheriff of Erie County and very proud to have 

25   served as a law enforcement officer and with two 


                                                               1848

 1   extremely professional law enforcement agencies 

 2   who worked hard each and every day to ensure 

 3   professional and ethical law enforcement and to 

 4   ensure that those that crossed the line within 

 5   their ranks were held accountable.

 6                It's my experience that the 

 7   overwhelming amount of police officers and police 

 8   agencies across the country are honest, decent 

 9   public servants who work hard each and every day 

10   to keep our communities safe.  We need to look no 

11   further than the police statistics up until last 

12   year -- or the crime statistics were at record 

13   lows.  And certainly the police officers didn't 

14   do it by themselves, they did it in conjunction 

15   with the community.  And the best communities, 

16   the best police agencies, the best likelihood of 

17   success is no doubt where the police and 

18   community work together and trust each other.  

19                There is no honest, decent police 

20   chief, there is no honest, decent police officer 

21   who does not want to make sure that the bad cops 

22   are held accountable.  The question, of course, 

23   is how best do we do that.  We don't do it by 

24   taking the civil rights away from individuals, in 

25   this case police officers.  


                                                               1849

 1                We now, by repealing 50-a of the 

 2   Civil Rights Law, we put New York State's law as 

 3   it relates to police disciplinary records on par 

 4   with Minnesota, which allows for full public 

 5   accessibility to police disciplinary records.  We 

 6   look at what took place in Minnesota -- and I 

 7   don't even want to say the police officer's name.  

 8   He was a disgrace to everybody.  It was 

 9   reprehensible what took place.  He should be held 

10   accountable, and no doubt he will.

11                We know now, because it's been 

12   publicized worldwide, that that officer had, if 

13   I'm not mistaken, 18 complaints of misconduct 

14   against him.  The Civil Rights Law -- or the lack 

15   of our Civil Rights Law here or that lack of the 

16   equivalent over there had nothing to do with the 

17   lack of accountability of that officer.  The 

18   Minneapolis Police Department and its 

19   administration failed everybody, city hall over 

20   there failed everybody by not holding that police 

21   officer accountable and allowing him to be out 

22   there and those ultimate events to take place.

23                We've talked, we talked in 

24   committee -- we had an hour 45 minute Codes 

25   Committee that really was among the best 


                                                               1850

 1   discussions that I heard in my time here.  

 2   Clearly there's points of disagreement amongst 

 3   the members here, but I think we share many 

 4   common goals in trying to right wrongs and ensure  

 5   a system is in place to ensure accountability.

 6                I have a problem, though, where we 

 7   allow unfounded and unsubstantiated complaints to 

 8   be used against any individual.  We hear debate, 

 9   we hear people often talking about the police 

10   wrongly accusing a citizen of something.  This is 

11   no different.  A wrongful accusation is a 

12   wrongful accusation, and it shouldn't be allowed 

13   to be used against anybody.  It opens the door to 

14   impugning a good police officer's reputation, 

15   hurting his career, hurting his family.  Even 

16   more importantly, it has the potential to 

17   jeopardize cases and hurt our community.

18                A wrongful accusation is wrong for 

19   everybody, and allowing it I think flies in the 

20   face of common justice for all.  I'll be voting 

21   in the negative.  Thank you.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gallivan to be recorded in the negative.

24                Senator Akshar to explain his vote.

25                SENATOR AKSHAR:   Mr. President, 


                                                               1851

 1   thank you very much.  

 2                Allow me to thank once again the 

 3   sponsor of the legislation for the back and 

 4   forth.  I said it earlier, Senator Bailey, I 

 5   respect you.  We happen to disagree from time to 

 6   time on issues.  But I take solace in the fact 

 7   knowing that you and I, as two grown men from 

 8   different parts of this great state, can have 

 9   reasonable discussions about issues that affect 

10   all New Yorkers.

11                You know, I want to just come back 

12   to something that my colleague from Queens said 

13   earlier in making a statement about bad apples.  

14   You know, Senator Gianaris, I hope and pray to 

15   God that you don't truly believe that one bad cop 

16   can spoil or has spoiled an entire profession.  

17   Because, you know, there are more than 65,000 

18   cops in this great state, more than 800,000 cops 

19   across this great nation, and 99.5 percent of 

20   them are good.  Does the police department, 

21   sheriff's offices, NYPD -- is there room for 

22   improvement?  There certainly is.

23                Today I guess is a historic day if 

24   you're supporting this piece of legislation.  I 

25   happen to think it's a sad day for those in 


                                                               1852

 1   law enforcement, in corrections, the 

 2   fire department, parole and probation, because I 

 3   think we've very clearly said that, based on the 

 4   language of the statute, that you no longer have 

 5   due process, and you no longer have your civil 

 6   rights purely because of the uniform that you 

 7   choose to wear.

 8                The 15 years that I spent in 

 9   law enforcement were a great 15 years, and it 

10   really was the best job that I've had in my 

11   41 years on this earth.  I would say this.  I 

12   think that it is incredibly important for all of 

13   us to recognize, no matter where we come from, 

14   that systematic racism, systematic injustices and 

15   inequities, they do in fact exist.  They do in 

16   fact need to be addressed.  But those inequities, 

17   those injustices, that racism, it's not born in 

18   the police department.  It's not born in the NYPD 

19   or a precinct or a police station.  It is born in 

20   communities like Binghamton, like Buffalo, like 

21   Astoria, like Jackson Heights, all throughout 

22   this great state, all throughout this great 

23   nation.

24                I've said this many times, it is my 

25   belief that we are not going to legislate our way 


                                                               1853

 1   into a fairer, less unjust community.  The only 

 2   way that we do that is by having a willingness as 

 3   people, as different people -- as white people, 

 4   brown people, black people -- to have a 

 5   willingness to admit that yes, those inequities 

 6   and those injustices exist, not one profession is 

 7   responsible for that, but that we must in fact 

 8   sit at a table and work to improve our 

 9   communities and do away with those injustices, 

10   that racism, and those inequities.

11                You know, if we want to help the 

12   police, if we want to make the police more 

13   accountable and make sure they're trained 

14   appropriately, let's not defund the police.  

15   That's not the appropriate answer.  

16                As a matter of fact, we should be in 

17   fact funding programs like the crisis 

18   intervention training, crisis intervention 

19   funding for members of law enforcement, so maybe 

20   they have the things that they need to not use 

21   deadly physical force in certain situations.  I'm 

22   sad to report this year there is zero money for 

23   that program.  In 2017 we funded that program at 

24   a million and a half dollars.

25                Psychological exams are not 


                                                               1854

 1   mandatory when you hire a member of law 

 2   enforcement.  Maybe we should have a discussion 

 3   about that.  I come from an organization that was 

 4   accredited by the Division of Criminal Justice 

 5   Services.  Not every organization is accredited.  

 6   In that program you're required to fulfill 109 

 7   very specific standards to make your agency the 

 8   best it can possibly be, follow best practices, 

 9   follow very important policies.  

10                Maybe those are some of the 

11   conversations we should have about moving 

12   forward.  I for one want my colleague, the 

13   sponsor of this bill, and everybody else who sits 

14   on the other side of the aisle to know that I am 

15   fully prepared, despite what you all may think 

16   because of my previous employ, to in fact sit at 

17   a table and have those meaningful conversations 

18   about how we move this community forward.  

19   Because the facts are the facts.  If the Bronx  

20   does well, Binghamton does well.  If Queens does 

21   well, Binghamton does well.  And I think that's 

22   what's important for all of us.

23                Mr. President, as I said earlier, 

24   I'm not going to support this bill, I'll be 

25   voting no, but I in fact thank the sponsor.


                                                               1855

 1                ACTING PRESIDENT BENJAMIN:    

 2   Senator Akshar to be recorded in the negative.

 3                Senator Sepúlveda to explain his 

 4   vote.

 5                SENATOR SEPÚLVEDA:   Thank you, 

 6   Mr. President, for allowing me to explain my 

 7   vote.

 8                First of all, I want to thank 

 9   Senator Bailey for a very thoughtful bill.  He 

10   listened to many different factions throughout 

11   the state.  So if anybody wants to accuse him of 

12   not bringing anyone into the discussion, I think 

13   my colleagues, Senator Akshar and many, can tell 

14   you that Senator Bailey is very thoughtful and 

15   considerate on many points of view.  And I want 

16   to thank him for that.

17                When I was a first-year law student, 

18   one of the first things that my law teacher, one 

19   of the first statements that he made in my first 

20   year of law school at Hofstra University was that 

21   sunlight is the best disinfectant.  Now, what did 

22   he mean by that?  He means let's have 

23   transparency.  

24                Transparency is what takes care of a 

25   lot of these issues that we have between the 


                                                               1856

 1   police and the community.  And I daresay that 

 2   those good actors, police officers that we 

 3   respect -- and the notion that members on this 

 4   side of the aisle believe that all police 

 5   officers are corrupt or engage in abusive 

 6   behavior is just flat wrong.  I think most of us 

 7   believe that a majority of them get up every day 

 8   and do their job, respect the law, put their 

 9   lives at risk, and do the right thing.

10                But where the problem arises for 

11   those that don't do the right thing, those that 

12   abuse communities of color, those that treat 

13   people that I represent like third-class 

14   citizens, the reality is that they have a shield.  

15   And that has been a systemic problem in this 

16   state for many, many years.

17                No one is taking away a police 

18   officer's civil rights.  I'd say to some degree 

19   that is a smoke screen, with all due respect to 

20   my colleagues on the other side.  No one is 

21   saying you cannot have a disciplinary hearing 

22   within the department anymore because of some 

23   inappropriate behavior or bad behavior, as they 

24   call it, as a police officer.

25                Now, let me tell you something about 


                                                               1857

 1   these disciplinary hearings.  See, as a young 

 2   lawyer coming out of law school, actually my 

 3   first job was with a firm that represented the 

 4   PBA.  And I participated in some of these 

 5   disciplinary hearings.  And the best way to 

 6   describe them is that they're a kangaroo court.  

 7   Because the hearing examiner is hired by the 

 8   commissioner and by the department, and the 

 9   department can find you -- can find whether the 

10   complaint was validated or not at will.

11                In fact, I remember during one of 

12   these hearings that I attended having a bathroom 

13   break and hearing the hearing examiner speaking 

14   to the police department representative about how 

15   they were going to deal and rule on an issue.

16                So this concept that a police 

17   officer has a disciplinary hearing, whether that 

18   should be divulged if it's unfounded or not 

19   founded, again is not just not an accurate 

20   measure of the policeman's behavior, of the 

21   outcome of those hearings.  It is really an 

22   accurate measure of how the department and the 

23   hearing examiner wants to find at the end of the 

24   day for the police officer.  And I can tell that 

25   it's equally unfair to the police officer.


                                                               1858

 1                So if you want to talk about not 

 2   releasing unfounded disciplinary actions, then 

 3   let's talk about having an independent individual 

 4   have these hearings when police officers are 

 5   subjected to disciplinary proceedings.  Let's not 

 6   have it within the department, let's have it 

 7   outside of the department.  Let's pass bill where 

 8   we create a new department that will essentially 

 9   investigate and rule on these disciplinary 

10   hearings.  Make it an independent person.  Then 

11   that argument has some validity.

12                Look at the big picture here.  When 

13   you peel the onion of what the opponents of this 

14   law -- and it's not a complete repeal -- what 

15   they're doing, no matter how you peel this onion, 

16   is they're trying to create a barrier, a shield 

17   to protect bad actors.  And what that does is it 

18   does a disservice to those men and women in 

19   law enforcement who are doing the right thing on 

20   a daily basis.

21                Now, some individuals in this 

22   chamber, some have said that 5 percent of -- or 

23   99 percent of police officers are good actors.  I 

24   think that number may be somewhat high.  But I 

25   invite any one of you to come and walk the 


                                                               1859

 1   streets of my neighborhood and see the 

 2   interaction between the police department and the 

 3   citizens.  Experience what I have experienced 

 4   when I'm told, when I walk into a wealthier 

 5   neighborhood and I'm told -- me, a sitting State 

 6   Senator -- that I don't look like I belong in 

 7   that neighborhood.  Or I experienced, at a 

 8   stoplight, police officers jumping out of a 

 9   vehicle asking seven or eight kids -- 15-, 16-, 

10   17-year-olds -- to go up against a wall and let 

11   me see your I.D.  When we all know that in order 

12   to request an I.D., there has to be -- someone 

13   may be committing a crime or about to commit a 

14   crime.

15                But these kids, six or seven 15- or 

16   16-year-olds lined up against a wall and asked 

17   for their I.D., asked for their addresses, asked 

18   for their names -- things that are 

19   unconstitutional and things that happen every 

20   single day in the community that I represent.

21                So while they may be 5 percent of 

22   bad actors, that 5 percent has done extreme 

23   damage to the relationship between the police 

24   department and our communities.  They have 

25   brought pain and hurt to the communities that I 


                                                               1860

 1   represent.  They have brought destruction to the 

 2   communities that I represent.

 3                It is a humiliating experience, a 

 4   humiliating experience when an adult, a black or 

 5   Latino, predominantly male, is pushed up against 

 6   a wall, is asked to kneel down and put his hands 

 7   behind his back for reasons that are completely 

 8   unjustified.  It is a humiliating experience when 

 9   a 12-, 13-, 14-year-old black or Latino male or 

10   female is put in a police car and questioned for 

11   no reason whatsoever to justify that process.  

12   And what happens is that when that 14- or 15- or 

13   16-year-old grows up, their experience with the 

14   police department will essentially guide how they 

15   deal with the police department for the rest of 

16   their lives.  

17                It is humiliating.  It was 

18   humiliating to me as an 18-year-old when I got 

19   arrested because the police officer didn't like 

20   the way I looked at him.  Now, fortunately, I try 

21   to be open and don't take the position that I 

22   hate police officers because of that experience.  

23   I believe that that police officer was an idiot, 

24   and I believe ultimately he was removed from the 

25   force.  At least I hope he was.  But these are 


                                                               1861

 1   the experiences that black and brown men and 

 2   women have to deal with on a daily basis.

 3                So don't tell me that it's a small 

 4   majority.  It may be a small majority of police 

 5   officers that are not acting correctly, but it's 

 6   a huge impact in the communities of color.  And 

 7   these sets of bills that we'll be voting on today 

 8   and we voted on yesterday -- and 50-a will not 

 9   remove any civil rights of any police officer.  

10   They still have their hearings.  They still have 

11   procedural protections.  It's not a violation of 

12   any provision of the United States Constitution, 

13   not a single one.  

14                And it's interesting how people who 

15   are now talking about due process, when it came 

16   to us reforming our criminal justice system, due 

17   process was an afterthought.

18                So let's be fair.  Let's not be 

19   hypocrites.  Let's do what's right for future 

20   generations.  Let's do what's right so that the 

21   children that I represent, my poor black and 

22   brown individuals in my community, when they grow 

23   up, they say, "I want to grow up to be a police 

24   officer, and not "One of the things that I have 

25   to make sure is that I don't get shot, that I 


                                                               1862

 1   don't get abused by a police officer."  That is 

 2   not the kind of dialogue that I want to have with 

 3   my son.

 4                And the way to do that is by opening 

 5   up information.  This bill does not release any 

 6   personal information of a police officer.  

 7   Personal information will be protected.  What 

 8   this bill does is it would hold those police 

 9   officers accountable for bad behavior.  And the 

10   argument against it just doesn't hold water.  The 

11   argument that any criminal attorney can get all 

12   these bad acts and introduce them into the record 

13   is completely untenable, because even the worst 

14   of judges will not allow this evidence to come 

15   into a case if it's not germane to a particular 

16   issue.

17                You know, this is not a proceeding, 

18   now there won't be proceedings where anything 

19   that a police officer does will now be brought 

20   into a trial.  That is just not the way our trial 

21   systems work.

22                So let's do what's right.  Let us 

23   vote today in a way so that future generations 

24   will look up to the police, and my community and 

25   my children and the children in my district will 


                                                               1863

 1   all one day want to become police officers.

 2                I vote in the affirmative.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Sepúlveda to be recorded in the affirmative.

 5                Senator Liu to explain his vote.

 6                SENATOR LIU:   Thank you, 

 7   Mr. President.

 8                Finally, finally we are repealing 

 9   Section 50-a.  I want to thank Senator Bailey for 

10   his incredible leadership in making this happen.  

11                And this repeal is necessary.  It's 

12   necessary to bring justice for the families of so 

13   many New Yorkers who have had their lives taken 

14   at the hands of police officers.  But it is also 

15   important beyond that kind of accountability to 

16   remove this shield that has allowed impunity on 

17   the part of not all police officers, but some 

18   police officers, to think that their behavior is 

19   not something that they would be held accountable 

20   for, ever.  It is important that we repeal 50-a.

21                I'm so proud to have marched 

22   alongside my constituents in Bayside, Queens, 

23   Whitestone, College Point, Douglaston, 

24   Little Neck, so many of the neighborhoods that I 

25   proudly represent -- receiving thousands and 


                                                               1864

 1   thousands of emails, telephone calls, messages 

 2   from people demanding that this unjust section of 

 3   New York State law is repealed once and for all.

 4                And as I marched alongside them and 

 5   had discussions with them, it was "Black Lives 

 6   Matter."  Now, I'm not black, but to me and so 

 7   many of my constituents, (raising voice) Black 

 8   Lives Matter.  Black Lives Matter.  But even when 

 9   we're walking the streets or having conversations 

10   on Zoom, there are some people who scream out car 

11   windows as they're passing by:  "All lives 

12   matter."  Or sometimes they whisper it:  "But all 

13   lives matter."  

14                And I have to constantly remind 

15   people, and I will remind some of my constituents 

16   right now, that it's important to think about why 

17   you're saying "all lives matter."  People say 

18   every person that I have heard say "all lives 

19   matter" has appeared to me as if they have 

20   bristled at hearing the phrase "Black Lives 

21   Matter."  They don't like hearing that, so they 

22   say "all lives matter."  

23                Well, why do we say "Black Lives 

24   Matter"?  Because it's always a black life, it's 

25   always a black life that gets taken by law 


                                                               1865

 1   enforcement, by cops who not only not uphold 

 2   their responsibility, but they are breaking the 

 3   law themselves.  They need to be held accountable 

 4   for that.  It's always a black life -- unarmed, 

 5   subdued already, and their life is still taken.  

 6   That's why we say "Black Lives Matter."  

 7                You all know about our colleagues 

 8   Assemblymember Diana Richardson and Senator 

 9   Zellnor Myrie.  They weren't even out protesting.  

10   They were out among protesters to try to ensure 

11   peace and to prevent any kind of 

12   misunderstandings or confrontations that might 

13   take place in the heat of the moment.  And yet 

14   they, along with a group of other protestors 

15   where nothing violent was going on, nothing 

16   untoward was going on, they were seized by police 

17   officers and pepper-sprayed to the point of 

18   blindness and pain for hours, and corralled into 

19   a police van until the two of them were 

20   recognized by a police chief.  At which point the 

21   police chief instructed the officers to let the 

22   two of them go.  

23                Senator Myrie doesn't talk about 

24   that, about himself.  He talks about the dozens 

25   of other people who were cuffed and maced -- or 


                                                               1866

 1   not maced, but pepper-sprayed at the same time he 

 2   was.  But they didn't get recognized as being a 

 3   Senator or Assemblymember.  They stayed in the 

 4   truck.  They were probably processed, and if not 

 5   for the moment that we're in now, and what some 

 6   of the statements of the district attorneys have 

 7   suggested, they probably would have been 

 8   processed with some kind of record that would 

 9   stay with them for potentially the rest of their 

10   lives, disabling them from getting a job or 

11   housing or other opportunities that you and I 

12   take for granted.  

13                And why were Senator Myrie and 

14   Assemblymember Richardson taken along with that 

15   entire group?  Why Senator Zellnor Myrie -- if 

16   you know him, the last person who would ever be 

17   singled out by police officers.  If you know his 

18   history, his temperament, his intelligence, 

19   nobody would ever take him out.  But Senator 

20   Myrie is guilty of something.  He's guilty of an 

21   American crime, and that American crime is being 

22   born black.  That's why he was treated the way he 

23   was before he was recognized by a police chief.

24                So we need to really reckon with 

25   ourselves and understand why it is the phrase 


                                                               1867

 1   "Black Lives Matter" has been chanted millions of 

 2   times over the last couple of weeks.  And indeed 

 3   it hasn't been people of color out there 

 4   protesting, marching in the streets.  Some people 

 5   say, Oh, it's been a pretty diverse crowd.  Come 

 6   on.  What you mean is it's been a lot of white 

 7   people.  In fact, at all the marches that I've 

 8   been in, and I've been to a lot of them, it 

 9   appears the majority of marchers are white.  

10                And so, you know, look, I'm not a 

11   sociologist, I'm not a psychoanalyst, but I know 

12   this is a point, a time in history, a moment in 

13   history where we have to take advantage of this 

14   to make serious changes, serious changes 

15   recognizing that repealing 50-a and the several 

16   other bills that we are passing this week are 

17   just the tip of the iceberg.  Because it is not 

18   about just assuring and demanding accountability 

19   on the part of individual officers.  There are 

20   some people who just should never have been cops.  

21   But I will say the vast majority of officers are 

22   in it for the right reasons and do the right 

23   thing.  

24                But it is not just about individual 

25   accountability.  We have to step back and take a 


                                                               1868

 1   look at the system that has evolved over time.  

 2   Why is it that the homeless and people who are in 

 3   need of social services have huge interactions 

 4   with the police department?  Why is it that in 

 5   New York City it's members of the NYPD who are 

 6   patrolling the hallways?  Not just high schools, 

 7   but middle schools and elementary schools.  

 8   Pre-Ks.  

 9                We need to understand, acknowledge 

10   that too much of our society has become a police 

11   state.  We need to reprioritize.  It's not just 

12   about shifting some dollars from the NYPD to 

13   community organizations and programs.  We need to 

14   make a wholesale evaluation of where our values 

15   really lie, get back to the origins of the police 

16   department -- not just the funding, but the 

17   constitution themselves of the police 

18   departments.  This is a moment in time when we 

19   have to reevaluate all of those.  

20                Yes, restore individual 

21   accountability by repealing 50-a and enacting the 

22   other measures before us this week.  But we need 

23   to take a much deeper dive into what our society 

24   is all about.  At the end of the day it should 

25   not be a situation where you have numerous 


                                                               1869

 1   encounters with the police department or 

 2   law enforcement.  In fact, one should be able to 

 3   live a life without ever having any encounter 

 4   with law enforcement or the police department.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Liu to be recorded in the affirmative.

 8                Senator Jackson to explain his vote.

 9                SENATOR JACKSON:   Thank you, 

10   Mr. President and my colleagues.  

11                I rise today to speak in favor of 

12   Section 50-a.  I have prepared testimony, and I 

13   made some additional notes.  But first I would 

14   like to thank the Majority Leader, Andrea 

15   Stewart-Cousins, for her leadership during these 

16   tough times that we all are going through.  

17                It's important to know -- and I've 

18   mentioned this before -- in the history of New 

19   York State we have the first woman to ever be 

20   elected the Majority Leader of the New York State 

21   Senate.  That's history.  In addition, she 

22   happens to be the first woman of color in the 

23   history of the State of New York in order to 

24   serve as the Majority Leader.  

25                I turn to my colleague Jamaal 


                                                               1870

 1   Bailey.  And let me thank you for your leadership 

 2   on this particular bill.  You know I have called 

 3   you specifically about this and the discussions 

 4   that we had about it.  Thank you for your 

 5   leadership.  This bill is clearly passing today.  

 6                So here we are in the New York State 

 7   Senate chambers right around the same time, when 

 8   this hearing started, where George Floyd is being 

 9   buried and his funeral is in Houston, Texas.  

10                I'm going to throw out some names, 

11   to mention some names to all of you.  You may 

12   recognize some; you may not for others.  Akai 

13   Gurley.  Allan Feliz.  Amadou Diallo.  Anthony 

14   Baez.  Antonio Williams.  Carlos Lopez, Jr. 

15   Clifford Glover.  Delrawn Small.  Eric Garner.  

16   Jayson Tirado.  Kadeem Torres.  Kawaski Trawick.  

17   Kimani Gray.  Mohamed Bah.  Noel Polanco.  

18   Ramarley Graham.  Shaheed Vassell.  Sean Bell.  

19   Shantel Davis.  

20                These are the names of some of the 

21   black and brown people killed at the hands of 

22   police in New York City -- names that have come 

23   rushing back to us after the killing of 

24   Breonna Taylor and George Floyd.  These police 

25   killings have awakened us once more in New York 


                                                               1871

 1   City and around the world.  And as you know, 

 2   New York City is the epicenter of the COVID-19 

 3   pandemic.  A huge swath of our community -- black 

 4   people, brown people, Asian people, white 

 5   people -- have come together to demand change to 

 6   our racist system.  And in fact, John Liu 

 7   discussed it, we mentioned it earlier:  Many of 

 8   those individuals that are rallying with signs 

 9   that say "Black Lives Matter" and many other 

10   things that the signs are saying, are young white 

11   individuals.  They care about their brothers and 

12   sisters of the human race.  

13                So Jumaane Williams, the Public 

14   Advocate of the City of New York, Corey Johnson, 

15   the Speaker of the City Council of New York, 

16   Scott Stringer, the City Comptroller of the City 

17   of New York -- three out of the four highest 

18   elected officials in the City of New York -- we 

19   took a knee at 43rd Street and Times Square for 

20   8 minutes and 47 seconds, the same amount of time 

21   that we watched on video George Floyd being 

22   killed.  

23                And let me tell you, if you've never 

24   taken a knee for 8 minutes and 47 seconds, it's a 

25   long time.  Just like when people say, oh -- 


                                                               1872

 1   because I've run a New York City marathon -- 

 2   that's 26 miles.  And I say no, no, no, 26.2.  

 3   Don't forget that .2, especially when you run 26.  

 4                But also Luis Sepúlveda talked about 

 5   stop, question and frisk with respect to his 

 6   testimony here today.  I cochaired the New York 

 7   City Council's Black, Latino and Asian Caucus for 

 8   eight years.  We filed an amicus brief in the 

 9   lawsuits.  And I say to you that this was a major 

10   issue in New York City, people being stopped and 

11   thrown up against the wall and being mistreated 

12   and abused.  It was a major issue, and we won on 

13   behalf of all of the people.  And people said, 

14   oh, crime is going to go up.  Well, crime didn't 

15   go up.  Crime went down.  Different perceptions.  

16                So we're not going to legislate our 

17   way out of systemic racism.  The legislation 

18   we're passing right now is about addressing one 

19   of the many symptoms of that racism, in my 

20   opinion, police brutality.  We have an obligation 

21   that the laws we pass look out for the people of 

22   our state and bring respect and dignity to 

23   everyone, and that's what we're doing.  

24                The bills we're voting on today, 

25   especially repealing 50-a, should have been done 


                                                               1873

 1   a long time ago under previous leadership in the 

 2   New York State Senate.  We have heard loud and 

 3   clear from our communities that these bills must 

 4   be passed.  And like my colleagues, we've 

 5   received hundreds of phone calls, emails and 

 6   texts about this particular matter.  

 7                The Black, Puerto Rican, Hispanic 

 8   and Asian Caucus of the New York State 

 9   Legislature, 63 members strong, held a virtual 

10   press conference last week around the entire 

11   state, from Long Island to Buffalo, to Harlem, to 

12   Albany, Rochester, Buffalo.  And its saying was:  

13   Enough is enough, black lives matter, repeal 

14   50-a.  

15                This past Sunday my office put 

16   together a march and rally where we wound up at 

17   the Riverbank State Park.  About 2500 

18   constituents marched with us to demand an end to 

19   police brutality and to say loudly the need for 

20   police transparency and accountability.  

21                For all those families who have lost 

22   loved ones to police brutality, for our black and 

23   brown communities across New York State and 

24   across the country, for my constituents in the 

25   31st Senatorial District who demand change, for 


                                                               1874

 1   myself as a black man and for my black grandsons, 

 2   Esa and Imira in Virginia, I'm proud to vote yes 

 3   on this bill today.  

 4                And I say to all of my colleagues:  

 5   As-salamu alaykum.  You may say, what does that 

 6   mean?  Peace go with everyone.  

 7                Thank you, Mr. President.  

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Jackson to be recorded in the affirmative.

10                Senator Montgomery to explain her 

11   vote.

12                SENATOR MONTGOMERY:   Thank you, 

13   Mr. President.  

14                This certainly is a very, very 

15   special and historical moment for me because, for 

16   once, I'm going to be very happy and excited to 

17   cast my vote yes to all of the criminal justice 

18   bills that we have had before us and that we have 

19   before us at this moment, including 50-a.

20                As you know and everyone knows me 

21   for, voting no on every bill practically that 

22   came before us that did anything to extend or 

23   increase the sentencing or the time that anyone 

24   spends in prison or increases the number of 

25   crimes that we consider or the number of actions, 


                                                               1875

 1   activities that we consider to be crimes, 

 2   increasing the penalties, and on and on.  

 3                And why was I consistently voting 

 4   no?  Because I understood that those bills, 

 5   however well-intentioned, to whatever extent we 

 6   thought we were helping people, we were actually 

 7   casting a net to include more and more people in 

 8   the criminal justice system, which already was 

 9   totally unfair and would capture more and more, 

10   especially young people of color.  So I have 

11   historically voted no.  

12                But today and this week and these 

13   last few weeks, I must say I am especially 

14   pleased that we have -- this is a new time for 

15   us.  We have a new Majority Leader.  I am so 

16   grateful for her leadership.  We have a staff 

17   that has worked with us to help fashion the 

18   legislation that we have been able to pass.  I 

19   have my colleagues.  I have enjoyed and 

20   appreciated the debate.  I was just so thrilled 

21   with Senator Bailey debating Akshar.  I thought 

22   he was wonderful.  Thank you, Senator.  

23                And let me just say to the people of 

24   America, thank you for bringing us to this point 

25   and saying in no uncertain terms that none of us 


                                                               1876

 1   can breathe if a few of us can't breathe.

 2                And I will say lastly that I've been 

 3   to court with young people, I've been to school 

 4   with young people.  I have witnessed such pain 

 5   and anguish in parents whose children were caught 

 6   up in the system, either killed or even if they 

 7   were just in the system sometimes, parents lose 

 8   their children and can't find them when they've 

 9   been arrested.  So it's a very painful thing to 

10   live with.  

11                And the last conversation that I had 

12   with my son, who is now an avid cyclist -- even 

13   though he's a young adult, he's my baby.  And I 

14   said to him, "Be careful about the neighborhoods 

15   that you ride your bicycle in, because you're in 

16   danger if you go into the wrong neighborhood."

17                So I feel this as a mother, I feel 

18   this as a legislator, and I feel this as a person 

19   in America who has lived with a system where 

20   every day you're in fear that your brother, your 

21   son, your husband is going to not come home.  

22                So thank you, Mr. President.  I vote 

23   aye.

24                ACTING PRESIDENT BENJAMIN:    

25   Senator Montgomery to be recorded in the 


                                                               1877

 1   affirmative.

 2                Senator Myrie to explain his vote.

 3                SENATOR MYRIE:   Thank you, 

 4   Mr. President.  

 5                And before I start, let me just note 

 6   that today is my mom's birthday.  And so, Mommy, 

 7   happy birthday.  I love you.  Sorry that I cannot 

 8   be with you in person, and I hope that you 

 9   understand why I have to be here today.

10                Mr. President, we have heard from 

11   some folks that our grievances against police 

12   brutality and our attempts to rid it out of our 

13   police departments are us taking advantage of a 

14   political moment.  Some people have said that it 

15   isn't a real grievance, that this is not 

16   happening here in New York.  You are taking 

17   advantage of what's happening around the country, 

18   and you're only doing it now.

19                So if I may direct our collective 

20   attention to the year 1942 -- that's 44 years 

21   before I was born -- where Palmer Anderson, an 

22   unarmed black man, was killed by the New York 

23   Police Department.  In 1946, four years later,   

24   Charles Ferguson, killed at the hands of law 

25   enforcement in Freeport, New York.  


                                                               1878

 1                The very next year, in 1947, an 

 2   unarmed black small-business owner assaulted 

 3   within inches of his life by law enforcement.  No 

 4   serious consequences for the officers involved.  

 5                In 1950, Jeff Harrod shot in the 

 6   chest, directly in the heart, at the hands of 

 7   law enforcement.  No serious consequences for 

 8   those police officers.

 9                In 1952, a young man by the name of 

10   Jacob Jackson, beaten nearly to death by the 

11   New York Police Department.  No serious 

12   consequences for those police officers.  

13                We skip ahead to 1964.  We're still 

14   22 years before I was born.  A teenager, 15 years 

15   old, Jimmy Mitchell, killed at the hands of the 

16   New York Police Department.  No serious 

17   consequences for those law enforcement officers.  

18   In fact, there was unrest in the city after Jimmy 

19   was killed, much like what we are seeing today.  

20   People took to the streets.  And even those who 

21   were peacefully protesting were met with the same 

22   brutality.  In 1964, Thessalonia, shot in the 

23   back while walking away from the New York Police 

24   Department.  In 1964, Barbara Baxter, while 

25   peacefully protesting, shot in the thigh.  


                                                               1879

 1                We fast forward 20 years; we're now 

 2   in 1984, two years before I was born.  A young 

 3   black man, Michael Stewart, killed at the hands 

 4   of law enforcement.  That same year, a senior 

 5   citizen -- while she was being evicted -- Eleanor 

 6   Bumpurs, killed at the hands of the New York 

 7   Police Department.

 8                In 1994 -- I'm eight years old 

 9   now -- Anthony Baez threw a football, hit the 

10   wrong police car, he is choked to death at the 

11   hands of the New York Police Department.

12                The next year, 1995, Anthony Rosario 

13   and Hilton Vega shot to death by the New York 

14   Police Department.  Unarmed.

15                In 1997, Kevin Acevedo, shot in the 

16   back while running away from the New York Police 

17   Department.  He was unarmed, and he was killed.  

18                The rest of my teenage years and 

19   into my adulthood, I saw unarmed person being 

20   brutalized after unarmed person being brutalized:  

21   Abner Louima, Amadou Diallo, Trayvon Martin, 

22   Breonna Taylor, Sandra Bland, Eric Garner, 

23   George Floyd.  

24                So 11 days ago, when I put on a neon 

25   green T-shirt with my name and title on the back, 


                                                               1880

 1   I walked to Barclays Center not just as a State 

 2   Senator, but as a black man who has grown up in 

 3   this country and has seen brutality have no 

 4   consequence for my people.  And what I was met 

 5   with was not open arms.  Instead, I was pushed, I 

 6   was shoved, I was hit in the back, pepper-sprayed 

 7   and handcuffed.  

 8                So you're right, this is the moment.  

 9   We are tired.  There has been no consequence for 

10   the brutality against our people.  And to this 

11   day I don't know if the officer that sprayed me 

12   and my colleague in the Assembly has a history of 

13   excessive use of force.  

14                That is what this bill is about.  It 

15   is about the history.  We have seen brutality go 

16   unanswered.  This isn't an attack; this is 

17   accountability.  This isn't targeting; this is 

18   transparency.  This isn't anti-police; this is 

19   pro-people.

20                Listen to the New Yorkers who have 

21   taken to the streets.  Listen to what they are 

22   saying.  My life matters.  Black lives matter.  

23   Repealing 50-a and the other reforms that this 

24   majority will pass hopefully will send the 

25   message that we mean that when we say it.  


                                                               1881

 1                Senator Bailey, this isn't just a 

 2   story of tragedy, but one of triumph.  Because 

 3   while brutality is in the soil and DNA of our 

 4   country, so is hope.  And only in this country 

 5   can a black boy from the Bronx grow up to chair 

 6   the Codes Committee and pass what we are passing 

 7   today.  Only in this country can I be 

 8   pepper-sprayed on a Friday and be the policymaker 

 9   on a Tuesday.  It isn't just a tragedy, it is a 

10   triumph.  

11                So what we do today is of course 

12   historic.  But I'm voting aye not because it's 

13   historic, I'm voting aye for all of the families 

14   who have lost their loved ones to police 

15   brutality.  I am voting aye for the thousands of 

16   New Yorkers that have taken to the streets and 

17   have said enough is enough.  I am voting aye 

18   because it is the right thing to do.

19                Senator Bailey, thank you for your 

20   leadership.  Madam Leader, thank you for your 

21   leadership.  And to my colleagues, thank you for 

22   your support.  

23                I'll be voting in the affirmative, 

24   Mr. President.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               1882

 1   Myrie to be recorded in the affirmative.

 2                Senator Bailey to explain his vote.

 3                SENATOR BAILEY:   Thank you, 

 4   Mr. President.

 5                It's been quite a day.  It's been 

 6   quite a couple of weeks.  It's been quite a 

 7   37 years for me as a black man on this planet.  

 8                I'm going to correct something for 

 9   the record.  Senator Borrello mentioned that 

10   there wasn't discussion.  We held hearings -- and 

11   I think Senator Akshar spoke to that, and I think 

12   Senator Gallivan spoke to that as well.  Senator 

13   Flanagan reached out.  Senator Lanza reached out.  

14   We had discussion about these things.  And just 

15   because we don't agree on the subject matter 

16   doesn't mean that the conversations don't happen.  

17   Let's be very clear about that.

18                And we talk about the vast majority 

19   of people, the vast majority of officers are 

20   inherently good.  Without a doubt.  The vast 

21   majority of people are inherently good, but we 

22   still have a penal code, Mr. President.  That is 

23   in the event that people commit bad acts against 

24   one another.

25                I'll redirect to my original 


                                                               1883

 1   comments.  And I want to thank Senator Akshar for 

 2   a spirited debate and thoughtful conversation, 

 3   despite differing on the subject matter of what 

 4   we discussed today.

 5                I want to thank Leader Andrea 

 6   Stewart-Cousins for not just being a trailblazer, 

 7   but being someone who listens.  Allowing me to be 

 8   the chair of the Codes Committee.  Your 

 9   leadership in such a tumultuous time, Madam 

10   Leader, is greatly appreciated.  

11                My brother Senator Myrie was 

12   pepper-sprayed on a Friday, and you called me on 

13   Saturday morning.  The Book of Matthew says:  Ask 

14   and you shall receive.  Seek and you will find. 

15   That's Verses 7 and 8.  I asked, we received, and 

16   now we're going to find justice in this state.

17                I want to thank Shontell Smith 

18   because one day Shontell called me when I was on 

19   Gun Hill Road -- I'll never forget where I was, I 

20   was about to get a haircut, when barbers were 

21   open -- and she said that "Because Senator 

22   Squadron is leaving, you should be the ranking 

23   member on the Codes Committee."

24                And I bristled for many reasons, one 

25   of them being what Senator Montgomery mentioned, 


                                                               1884

 1   that in the last couple of years it was 

 2   penalty-enhancers day by day.  And I don't 

 3   subscribe to that theory of legislating, and it 

 4   was tough.  But Shontell said:  "Stick in there.  

 5   Because if we get the majority, you could become 

 6   the chair of the Codes Committee, and you'd be 

 7   quite a good one."  

 8                So I want to thank myself for 

 9   listening to Shontell, and I want to thank 

10   Shontell for talking me into this.

11                Senator Montgomery.  We mentioned it 

12   earlier in session, Velmanetting.  Every person, 

13   not just person of color, owes you a debt of 

14   gratitude for your fearlessness and leadership.  

15   To Nadia and Ken and Chris, Dorothy and Noel, for 

16   your incredible work and preparation, I thank 

17   you.  

18                Thank you to Assemblymember Danny 

19   O'Donnell for championing this bill and allowing 

20   me to carry it in this house.  

21                And to my mentor, my brother, 

22   Assembly Speaker Carl Heastie, for always 

23   standing up for what's right, staking your 

24   speakership to the reformation of a broken 

25   system.  


                                                               1885

 1                And to the caucus.  Senator Jackson 

 2   mentioned it, it bears repeating, that we held a 

 3   series of press conferences throughout the state 

 4   last week to stand in solidarity and indicate 

 5   that we just want the right change.

 6                There is a sense of frustration in 

 7   the air that many of us have, especially those of 

 8   us who are people of color, specifically black 

 9   people.  George Floyd said he couldn't breathe.  

10   They didn't listen.  This goes beyond Mr. Floyd.  

11   It goes to the devaluation of lives of black men 

12   that wears on us like the current does on the 

13   coast, day by day.  

14                That knee on Mr. Floyd's neck was a 

15   wake-up call for America.  And while that murder 

16   didn't happen in New York, the actions of police 

17   in that case and many cases before that have led 

18   to a renewed call by the public for what many 

19   legislators like myself and many folks in the 

20   community have been saying for quite some time:  

21   We need policing reform.  That doesn't mean that 

22   we're anti-police.  I just want to make sure we 

23   specifically delineate that and make that clear 

24   for the record.  It just means that we needed to 

25   change a few things but people weren't listening 


                                                               1886

 1   before, Mr. President.

 2                This is about transparency, not a 

 3   desire to remove tools from officers for 

 4   policing, which is an incredibly difficult job.  

 5   It's frustrating to have to couch our language 

 6   like that all the time.  It should be understood 

 7   that we understand and respect police.  But every 

 8   time, time and again, it seems like we have to 

 9   say it.  So I'll say it again.  We respect the 

10   police.  But we need to be respected by the 

11   police.

12                I want to trust the police.  I want 

13   my kids to trust the police.  And Senator 

14   Gianaris brought it up that, you know, bad apples 

15   spoiling a bunch.  But I'll take it a step 

16   further than that.  If I'm going to the 

17   supermarket and I see a bad apple time after time 

18   after time -- forget about spoiling that bunch, 

19   I'm not buying apples anymore.  

20                That's the public trust argument.  

21   That's what we're getting to the heart of, 

22   Mr. President.  So that people can trust those 

23   who police them.  Dylann Roof gets Burger King, 

24   but George Floyd gets death?  Armed protestors at 

25   the Capitol get nothing, but Amadou Diallo, with 


                                                               1887

 1   a wallet in his hand, gets 41?  

 2                Now, I remember in law school we 

 3   spoke about a case, The People v. Du, which spoke 

 4   about the killing of young Latasha Harlins in 

 5   Los Angeles for allegedly attempting to steal a 

 6   bottle of orange juice.  She was going to pay, 

 7   Mr. President, but that didn't come out until the 

 8   facts and until the videotape and the witnesses 

 9   clearly said that this was a clear homicide.  

10                Voluntary manslaughter, maximum 

11   prison sentence of 16 years.  But the judge in 

12   that case?  Four hundred hours of community 

13   service, five years of probation and a $500 fine.  

14   No jail time.

15                Now, I remember being in law school 

16   thinking about the holding or the main idea of 

17   this case, and they're talking about sentencing.  

18   And I'm sitting there like, hold on.  You're 

19   talking about sentencing and we're talking about 

20   the devaluation of black life in America.  

21                Now, Latasha Harlins was mentioned 

22   by Tupac Shakur in many songs, but I'll reference 

23   his song I Wonder If Heaven Got a Ghetto.  "Here 

24   on earth, tell me what's a black life worth?  A 

25   bottle of juice is no excuse, the truth hurts."  


                                                               1888

 1                It hurts when you feel devalued, 

 2   Mr. President.  It's felt like that for a long 

 3   time with interactions between black people and 

 4   the police.  Now, every time when I left the 

 5   house when I was younger, no matter how jovial 

 6   the conversation prior with my dad, he would turn 

 7   immediately serious and he said, "Be safe."  

 8   Maybe because I wasn't a parent, maybe because I 

 9   just didn't understand what the world was like, 

10   but that "be safe" was more than just don't trip 

11   outside, it was a reminder that as a black man in 

12   America you may be facing targets from multiple 

13   places.  It's the talk that our fathers had with 

14   us as black men.  

15                Now, I don't think you can imagine 

16   the frustration, the confusion that I had to feel 

17   as a parent, elected official, and as a black man 

18   when my daughter asked me:  "Dad, why is that 

19   police officer hurting that man?  I thought 

20   police officers protected people."

21                And I explained, you know, "Police 

22   officers do.  That was a bad incident."  My 

23   daughter is only five, so she doesn't know the 

24   series of bad incidents that have happened to us.  

25   Therein lies the frustration.


                                                               1889

 1                Many of us had have a feeling of 

 2   that could be me.  What you learn as a black man 

 3   in America is that nothing insulates you from 

 4   this.  They say:  Stay out of trouble.  Go to law 

 5   school.  Be a state senator.  Be polite.  Mind 

 6   your manners.  Identify yourself.  But that 

 7   doesn't matter.  That's the frustration.  

 8                So I can tell you about being 

 9   12 years old and being asked, "Why were you 

10   loitering at a bus stop?"  I want you think about 

11   that, loitering at a bus stop, Mr. President.  

12   When you come back from the orthodontist and you 

13   have your braces tightened and you're thrown in a 

14   police van because you fit the description, when 

15   you're pulled over for -- or you're told that 

16   you're being pulled over for driving an expensive 

17   car when you're driving a 1984 GMC Jimmy, or when 

18   weapons are drawn on you by an officer who 

19   identifies themselves after the fact, and you've 

20   never been arrested.  

21                We spoke about unsubstantiated and 

22   substantiated.  I'll talk to you again about 

23   unreported.  When things happen to you, 

24   Mr. President, and you don't feel enough faith 

25   and confidence in the system, you're not going to 


                                                               1890

 1   report them because you feel like it won't do a 

 2   thing.  

 3                So thank God for video.  Ahmaud 

 4   Arbery and George Floyd.  In both cases, again, 

 5   it could have very easily been us.  Success 

 6   doesn't matter.  NBA guard Sterling Brown, in 

 7   Milwaukee -- a gun pulled on him, he was tased 

 8   and electrocuted.  Thabo Sefolosha, another NBA 

 9   player -- hit with a baton, thrown on the floor, 

10   and eventually broke the lower part of his leg 

11   and missed a part of the season, eventually 

12   settled with the NYPD.  James Blake, world-famous 

13   tennis player, standing in front of his hotel, 

14   waiting to go to the U.S. Open, and he was 

15   tackled by an officer, despite cooperating.  

16                Now, Audre Lorde said your silence 

17   won't protect you -- and your success doesn't 

18   either.  Now you understand why Colin Kaepernick 

19   took a knee to silently protest injustice.  And 

20   now when we protest silently, it seems to try to 

21   be used against us.  So to Colin, I understand.  

22   I'm even wearing your sneakers today, Colin.  

23                There's beauty in the struggle, 

24   ugliness in the success.  NFL apologized when 

25   they said that black lives matter, but let's make 


                                                               1891

 1   sure that they matter even more and get Brother 

 2   Colin back on the field if that's what he wants.

 3                As we lay Mr. George Floyd to rest 

 4   today, we have to ask who stood up strong in the 

 5   face of such adversity and never wavered.  The 

 6   reality that George Floyd said -- yes, he said he 

 7   couldn't breathe, but his last words?  He called 

 8   out for his mother.  Now, for gravity's sake, I 

 9   want you to realize that Mr. Floyd's mother had 

10   predeceased him.  Mr. Floyd's mother was not 

11   alive at the time when he was fighting for his 

12   life.  But even taking his last breath, he sought 

13   comfort from his mom.  

14                So to the mothers of the movement 

15   and their family members who pleaded with us as a 

16   Legislature -- press conferences, marches calls, 

17   everything under the sun -- if my daughters 

18   scrape their knees, I'm apoplectic, I run for the 

19   neosporin.  I could not imagine having my 

20   children killed and being that strong.  So to 

21   Gwen Carr and Valerie Bell, Constance Malcolm and 

22   more, I'm in debt to you for permitting me the 

23   opportunity to learn from you and learn your 

24   strength and resolve.  

25                To Constance Malcolm, a constituent 


                                                               1892

 1   of my mine, that Saturday morning at Community 

 2   Board 12 after your son was taken from us far too 

 3   early, your strength and resolve was something 

 4   that I studied back then and it's something I 

 5   appreciate now.  

 6                There are countless names that we 

 7   read off, almost like a Who's Who of souls lost 

 8   well before their time.  Eric Garner.  Sean Bell.  

 9   Ramarley Graham.  Sandra Bland.  Breonna Taylor, 

10   who was an EMT on the front lines fighting for us 

11   with COVID-19, even she wasn't immune to this.  

12   Tamir Rice. Philando Castile.  Walter Scott.  

13   Alton Sterling.  Terence Crutcher.  Michael 

14   Brown.  Danroy Henry.  Andrew Kearse.  Freddie 

15   Gray.  Amadou Diallo.  Anthony Baez.  Eleanor 

16   Bumpurs.  Delrawn Small.  Oscar Grant.  Laquan 

17   McDonald.  Botham Jean.  Tony McDade.  And so 

18   many more.

19                Now the silver lining on this 

20   incredibly dark cloud is that the sun is finally 

21   starting to shine on injustice.  It's starting to 

22   make people question what has been said for so 

23   long, and maybe it was the perfect storm of Amy 

24   Cooper plus quarantine plus George Floyd.  Maybe 

25   it's the unmistakable -- in my opinion, 


                                                               1893

 1   undisputable -- video evidence that we saw a live 

 2   murder on TV, but it's done something to the 

 3   consciences of America.  It's created more of a 

 4   willingness to listen, to share and to care.

 5                Emotional conversations have 

 6   happened in living rooms, dining rooms, 

 7   boardrooms, and Zooms throughout the country.  

 8   That includes our conference.  Many conversations 

 9   fraught with raw emotion and pain, the pain of a 

10   wound that not only never heals, but it's a wound 

11   that you couldn't even seek treatment for, 

12   Mr. President.

13                So to my colleagues, many of you who 

14   are standing in positions that may be 

15   uncomfortable, I appreciate your vote on this 

16   important, critical and personal issue.  I thank 

17   you for listening to me and other colleagues who 

18   impressed upon you the importance of this.  More 

19   importantly, I thank you for your willingness to 

20   send a strong message that black lives do matter.  

21                And to Senator Myrie, the courage 

22   that he's shown while wearing a shirt with his 

23   name on it, to be pepper-sprayed while peacefully 

24   demonstrating, and to have the strength and 

25   resolve to not only continue to advocate but 


                                                               1894

 1   advocate even stronger, I salute you.  The 

 2   reality is that right before he went to go 

 3   protest, he sent me a text message saying "Looks 

 4   like things might be going awry.  I'm going to go 

 5   over there and see if I can help folks out."  

 6   Help.  

 7                There's a lot of gravity that comes 

 8   with this position, Mr. President, and all of us 

 9   feel the heavy weight.  But I don't know if there 

10   could be a more meaningful piece of legislation 

11   to me and this body, because it's way more than 

12   just policy.  It is a time not only to correct 

13   what we thought and knew to be a flaw in the 

14   state law, but to correct misconceptions that 

15   many of us have carried for too long for things 

16   that we can never experience.

17                To the advocates who pushed and 

18   prodded for this day, protesters, and anyone that 

19   ever lifted a finger to text, tweet, or exercise 

20   your First Amendment rights, I thank you.  Anyone 

21   who ever used their voice to uplift the 

22   downtrodden, to listen to someone who felt 

23   silenced, I appreciate you.  I encourage you not 

24   only to speak up today but all the days 

25   thereafter, because the greatest thing about 


                                                               1895

 1   democracy is dissent.

 2                As I close, I'm not sure of a 

 3   prouder moment, again, that I could have as a 

 4   member of this body.  George Floyd is being laid 

 5   to rest today.  And his daughter Gianna said that 

 6   "Daddy changed the world."  Now, Gianna, you may 

 7   not know me, but you're right.  George Floyd 

 8   changed the world.  He changed this state.

 9                So to George, happy Father's Day in 

10   heaven in a couple of weeks, Brother Floyd.  

11   Thank you for stirring the soul and consciousness 

12   of America.  Black Lives Matter.  

13                I vote aye, Mr. President.

14                ACTING PRESIDENT BENJAMIN:    

15   Senator Bailey to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 751, those Senators voting in the 

19   negative are Senators Akshar, Amedore, Borrello, 

20   Boyle, Flanagan, Funke, Gallivan, Griffo, 

21   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

22   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

23   Serino, Seward and Tedisco.

24                Ayes, 40.  Nays, 22.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1896

 1   bill is passed.

 2                Senator Gianaris, that completes the 

 3   reading of the controversial calendar.

 4                SENATOR GIANARIS:   Mr. President, 

 5   can we now return to the reading of the 

 6   noncontroversial calendar, please.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   441, Senate Print 4670, by Senator Kaplan, an act 

11   in relation to authorizing the assessor of the 

12   County of Nassau to accept, from Lubavitch of 

13   Old Westbury, an application for exemption from 

14   real property taxes.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar 441, those Senators voting in the 


                                                               1897

 1   negative are Senators Akshar and O'Mara.

 2                Ayes, 60.  Nays, 2.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   457, Senate Print 6873, by Senator Ritchie, an 

 7   act to authorize the Towns of Lorraine and Worth 

 8   in Jefferson County to elect a single town 

 9   justice to preside in the town courts of such 

10   towns.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   531, Senate Print 6383A, by Senator Benjamin, an 

25   act to amend the Alcoholic Beverage Control Law.


                                                               1898

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  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   Announce the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   556, Senate Print 6715, by Senator Little.  An 

15   act to amend the Executive Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 62.


                                                               1899

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   576, Senate Print 7846, by Senator Harckham, an 

 5   act to amend the Labor Law and the Public Service 

 6   Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 4.  This 

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

11   shall have become a law.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   674, Senate Print 59, by Senator Robach, an act 

22   to amend the Highway Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               1900

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   680, Senate Print 3856, by Senator Lanza, an act 

12   to amend the State Law, the Highway Law and the 

13   Administrative Code of the City of New York.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 9.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               1901

 1                THE SECRETARY:   Calendar Number 

 2   681, Senate Print 3860, by Senator Lanza, an act 

 3   to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   682, Senate Print 4334B, by Senator Metzger, an 

18   act to amend the Highway Law. 

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the 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 BENJAMIN:   Call 

25   the roll.


                                                               1902

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   683, Senate Print 4701A, by Senator Brooks, an 

 9   act in relation to permitting Roosevelt Fire 

10   District to file an application for a retroactive 

11   real property tax exemption.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 683, those Senators voting in the 

23   negative are Senators Akshar and O'Mara.

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1903

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   684, Assembly Print Number 7493, substituted 

 4   earlier by Assemblymember Thiele, an act in 

 5   relation to the designation of the East Hampton 

 6   Volunteer Ocean Rescue and Auxiliary Squad.

 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, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   685, Assembly Print Number 7011B, substituted 

21   earlier by Assemblymember Darling, an act to 

22   authorize the assessor of the County of Nassau to 

23   accept an application for exemption from real 

24   property taxes.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1904

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 685, those Senators voting in the 

11   negative are Senators Akshar and O'Mara.

12                Ayes, 60.  Nays, 2.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                There is a substitution at the desk.  

16   The Secretary will read.

17                THE SECRETARY:   Senator Skoufis 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 7821 and substitute it for 

20   the identical Senate Bill 5948, Third Reading 

21   Calendar 686.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               1905

 1   686, Assembly Print Number 7821, by 

 2   Assemblymember Zebrowski, an act authorizing the 

 3   Commissioner of General Services to transfer and 

 4   convey certain unappropriated state land to 

 5   Rockland Recovery Homes, Inc.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   687, Senate Print 5993, by Senator Serino, an act 

20   to amend the Highway Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1906

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   689, Assembly Print Number 8222A, substituted 

10   earlier by Assemblymember Palmesano, an act to 

11   amend the Village Law and the Public Officers 

12   Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1907

 1   690, Assembly Print Number 8195, substituted 

 2   earlier by Assemblymember Thiele, an act to amend 

 3   the Town Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   692, Senate Print 6611, by Senator Brooks, an act 

18   relating to authorizing the Town of Hempstead to 

19   be able to grant the Roosevelt Fire District of 

20   Roosevelt a property tax exemption.

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 


                                                               1908

 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 692, those Senators voting in the 

 7   negative are Senators Akshar and O'Mara.

 8                Ayes, 60.  Nays, 2.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   694, Senate Print 7867, by Senator Metzger, an 

13   act to amend Chapter 262 of the Laws of 2005.

14                ACTING PRESIDENT BENJAMIN:   There 

15   is a home-rule message at the desk.

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 694, those Senators voting in the 


                                                               1909

 1   negative are Senators Akshar, Amedore, Borrello, 

 2   Boyle, Flanagan, Funke, Gaughran, Griffo, Jacobs, 

 3   Jordan, Martinez, O'Mara, Ranzenhofer, Ritchie, 

 4   Robach, Serino, Seward, Skoufis and Tedisco.

 5                Ayes, 43.  Nays, 19.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   695, Senate Print 6768A, by Senator Akshar, an 

10   act to amend the Village Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   696, Senate Print 6823, by Senator Gallivan, an 

25   act to amend the Highway Law.


                                                               1910

 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   Announce the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   697, Senate Print 6854, by Senator Little, an act 

15   to amend the Executive Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 62.


                                                               1911

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   698, Senate Print 6915, by Senator Flanagan, an 

 5   act to authorize the town of Smithtown to extend 

 6   the boundaries of the St. James Fire District to 

 7   include the Village of Head of the Harbor.

 8                ACTING PRESIDENT BENJAMIN:   There 

 9   is a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   699, Senate Print 7012, by Senator Ranzenhofer, 

23   an act to amend the Highway Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               1912

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 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, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   700, Senate Print 7069A, by Senator Kaminsky, an 

13   act to authorize the assessor of the County of 

14   Nassau to accept a retroactive application for 

15   exemption from real property taxes.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               1913

 1   Calendar Number 700, those Senators voting in the 

 2   negative are Senators Akshar and O'Mara.  

 3                Ayes, 60.  Nays, 2.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   701, Senate Print 7070, by Senator Kaminsky, an 

 8   act to authorize the assessor of the City of 

 9   Long Beach in the County of Nassau to accept a 

10   retroactive application for exemption from real 

11   property taxes.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 701, those Senators voting in the 

23   negative are Senators Akshar and O'Mara.  

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1914

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   702, Assembly Print Number 9094, substituted 

 4   earlier by Assemblymember Rosenthal, an act to 

 5   amend Chapter 667 of the Laws of 1868.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   703, Assembly Print Number 8156A, substituted 

20   earlier by Assemblymember Byrnes, an act to amend 

21   the Highway Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1915

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   704, Senate Print 7282A, by Senator Borrello, an 

11   act to amend the Highway Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   705, Senate Print 7295, by Senator Addabbo, an 


                                                               1916

 1   act to amend the Environmental Conservation Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   706, Senate Print 7359, by Senator  

16   Stewart-Cousins, an act authorizing Beth El 

17   Synagogue Center to file an application for 

18   retroactive real property tax exemption.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1917

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 706, voting in the negative are 

 5   Senators Akshar and O'Mara.

 6                Ayes, 60.  Nays, 2.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   707, Senate Print 7360, by Senator Breslin, an 

11   act in relation to authorizing the assessor of 

12   the City of Albany to accept from the Koinonia 

13   Primary Care, Inc., an application for exemption 

14   from real property taxes.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 707, those Senators voting in the 


                                                               1918

 1   negative are Senators Akshar and O'Mara.

 2                Ayes, 60.  Nays, 2.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   708, Assembly Print Number 7648, substituted 

 7   earlier by Assemblymember Goodell, an act to 

 8   amend the General City Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   709, Senate Print 7574, by Senator Martinez, an 

23   act in relation to creating the Davis Park Fire 

24   Department Benevolent Association.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1919

 1   the last section.

 2                THE SECRETARY:   Section 8.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   710, Senate Print 7579, by Senator Borrello, an 

14   act to authorize the Towns of Mina and French 

15   Creek in Chautauqua County to elect a single town 

16   justice to preside in the town courts of such 

17   towns.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               1920

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   711, Senate Print 7586A, by Senator Thomas, an 

 7   act in relation to permitting Uniondale Land 

 8   Trust to file an application for certain real 

 9   property tax exemptions.

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:   In relation to 

20   Calendar Number 711, those Senators voting in the 

21   negative are Senators Akshar and O'Mara.

22                Ayes, 60.  Nays, 2.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1921

 1   712, Senate Print 7714, by Senator Seward, an act 

 2   relating to the dissolution of the Village of 

 3   Groton Industrial Development Agency and the 

 4   disposition of the assets thereof.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   713, Senate Print 7729, by Senator Borrello, an 

20   act to amend the Town Law and the Public Officers 

21   Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               1922

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   714, Senate Print 7749, by Senator Akshar, an act 

11   to authorize the Town of Union in the County of 

12   Broome to convey to New York State Electric & Gas 

13   an easement.

14                ACTING PRESIDENT BENJAMIN:   There 

15   is a home-rule message at the desk.

16                Read the last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1923

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   715, Senate Print 7750, by Senator Jacobs, an act 

 4   to amend the Town Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   716, Senate Print 7790, by Senator Amedore, an 

19   act to amend the Public Officers Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               1924

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   717, Senate Print 7794, by Senator Harckham, an 

 9   act to amend the Village 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, 62.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   718, Senate Print 7857, by Senator Gaughran, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1925

 1   the last section.

 2                THE SECRETARY:   Section 4.  This 

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

 4   shall have become a law.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   719, Senate Print 7880B, by Senator Breslin, an 

15   act prohibiting the incineration of aqueous 

16   film-forming foam.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  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.


                                                               1926

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   720, Senate Print 7897B, by Senator Metzger, an 

 6   act to amend the Highway Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  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, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   722, Senate Print 7923, by Senator Serino, an act 

21   to amend the Highway Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               1927

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   723, Senate Print 7953, by Senator Thomas, an act 

11   in relation to authorizing the Town of Hempstead 

12   to grant Southern Tier Environments for Living, 

13   Inc., a property tax exemption.  

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar 723, those Senators voting in the 

25   negative are Senators Akshar and O'Mara.


                                                               1928

 1                Ayes, 60.  Nays, 2.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   724, Senate Print 7973, by Senator LaValle, an 

 6   act to amend Chapter 238 of the Laws of 1963.

 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, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   725, Senate Print 7999, by Senator May, an act to 

21   amend the Judiciary Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1929

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 725, voting in the negative:  

 8   Senator Tedisco.

 9                Ayes, 61.  Nays, 1.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   726, Senate Print 8019, by Senator Boyle, an act 

14   in relation to authorizing the Good Samaritan 

15   Hospital Medical Center to file an application 

16   for real property tax exemption.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  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.


                                                               1930

 1                THE SECRETARY:   In relation to 

 2   Calendar 726, those Senators voting in the 

 3   negative are Senators Akshar and O'Mara.

 4                Ayes, 60.  Nays, 2.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   727, Senate Print 8027A, by Senator Kaminsky, an 

 9   act to authorize the assessor of the Town of 

10   Hempstead, County of Nassau, to accept from Mercy 

11   Medical Center an application for exemption from 

12   real property taxes.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 727, those Senators voting in the 

24   negative are Senators Akshar and O'Mara.  

25                Ayes, 60.  Nays, 2.


                                                               1931

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   728, Senate Print 8054, by Senator Persaud, an 

 5   act to amend the Highway Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   729, Senate Print 8068B, by Senator Kaminsky, an 

20   act to authorize the assessor of the County of 

21   Nassau to accept a retroactive application for 

22   exemption from real property taxes.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               1932

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 729, those Senators voting in the 

 9   negative are Senators Akshar and O'Mara.

10                Ayes, 60.  Nays, 2.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   730, Senate Print 8075, by Senator Harckham, an 

15   act to amend the Real Property Tax Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect January 1, 2021.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               1933

 1   Calendar 730, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Borrello, 

 3   Funke, Gallivan, Griffo, Helming, Jacobs, Jordan, 

 4   Lanza, O'Mara, Ortt, Ranzenhofer, Ritchie, 

 5   Robach, Seward and Tedisco.

 6                Ayes, 45.  Nays, 17.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   731, Senate Print 8087B, by Senator Helming, an 

11   act to amend the Alcoholic Beverage Control Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   732, Senate Print 8093, by Senator Martinez, an 


                                                               1934

 1   act to amend the Town Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   733, Senate Print 8136, by Senator Gaughran, an 

16   act in relation to authorizing the assessor of 

17   the Town of Huntington, County of Suffolk.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               1935

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 733, those Senators voting in the 

 4   negative are Senators Akshar and O'Mara.

 5                Ayes, 60.  Nays, 2.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   735, Senate Print 8204, by Senator Harckham, an 

10   act to amend the Real Property Tax Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 735, those Senators voting in the 

22   negative are Senators O'Mara, Ortt and Serino.

23                Ayes, 59.  Nays, 3.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               1936

 1                THE SECRETARY:   Calendar Number 

 2   736, Senate Print 8225, by Senator Montgomery, an 

 3   act to amend the Alcoholic Beverage Control Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 736, voting in the negative:  

15   Senator Skoufis.  

16                Ayes, 61.  Nays, 1.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   737, Senate Print 8285, by Senator Brooks, an act 

21   to amend the Nassau County Civil Divisions Act.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               1937

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   738, Senate Print 8299, by Senator Jordan, an act 

11   to amend the Public Officers Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   739, Senate Print 8344A, by Senator O'Mara, an 


                                                               1938

 1   act authorizing the alienation of certain 

 2   reforested lands in the County of Yates.

 3                SENATOR GIANARIS:   Lay it aside for 

 4   the day.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill will be laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   741, Senate Print 8350B, by Senator Thomas, an 

 9   act in relation to authorizing the Nassau County 

10   assessor to accept an application from NGIP, 

11   Inc., for a real property tax exemption.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 741, those Senators voting in the 

23   negative are Senators Akshar and O'Mara.  

24                Ayes, 60.  Nays, 2.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1939

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   742, Senate Print 8378, by Senator Jacobs, an act 

 4   to amend the General City Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                Calendar Number 743 is high and will 

18   be laid aside for the day.

19                THE SECRETARY:   Calendar Number 

20   744, Senate Print 8484, by Senator Metzger, an 

21   act to amend the Alcoholic Beverage Control Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1940

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 744, voting in the negative:  

 8   Senator Skoufis.  

 9                Ayes, 61.  Nays, 1.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   745, Senate Print 8485, by Senator Montgomery, an 

14   act authorizing the Commissioner of General 

15   Services to sell certain land to TCH Holdings, 

16   LLC.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 5.  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.


                                                               1941

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   746, Senate Print 8489, by Senator Kaminsky, an 

 6   act in relation to authorizing the assessor of 

 7   the County of Nassau to accept from the Eglise 

 8   Baptiste Etolie Du Matin an application for 

 9   exemption from real property taxes.

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:   In relation to 

20   Calendar Number 746, those Senators voting in the 

21   negative are Senators Akshar and O'Mara.

22                Ayes, 60.  Nays, 2.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1942

 1   747, Senate Print 8491, by Senator Bailey, an act 

 2   to amend the Highway Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                Calendar 752 is high and will be 

16   laid aside for the day.

17                Senator Gianaris, that completes the 

18   reading of today's calendar.

19                SENATOR GIANARIS:   Mr. President, 

20   can we please return to motions and resolutions.  

21                On page 30, I offer the following 

22   amendments to Calendar Number 570, Senate Bill 

23   6052B, and ask that said bill retain its place on 

24   Third Reading Calendar.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1943

 1   amendments are received, and the bill shall 

 2   retain its place on the Third Reading Calendar.

 3                SENATOR GIANARIS:   Is there any 

 4   further business at the desk?

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is no further business at the desk.

 7                SENATOR GIANARIS:   I move to 

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

 9   11:00 a.m.

10                ACTING PRESIDENT BENJAMIN:   On 

11   motion, the Senate stands adjourned until 

12   Wednesday, June 10th, at 11:00 a.m.

13                (Whereupon, at 3:02 p.m., the Senate 

14   adjourned.)

15

16

17

18

19

20

21

22

23

24

25