Regular Session - February 16, 2022
855
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 16, 2022
11 3:05 p.m.
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13
14 REGULAR SESSION
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16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: 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 BAILEY: 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 BAILEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 February 15, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, February 14,
18 2022, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BAILEY: 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 Salazar
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1 moves to discharge, from the Committee on
2 Education, Assembly Bill Number 7981 and
3 substitute it for the identical Senate Bill 6744,
4 Third Reading Calendar 70.
5 ACTING PRESIDENT BAILEY: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Gianaris.
14 SENATOR GIANARIS: Please take up
15 the reading of the calendar, Mr. President.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number 67,
19 Senate Print 546, by Senator Mayer, an act to
20 amend the Education Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of September.
25 ACTING PRESIDENT BAILEY: Call the
858
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT BAILEY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number 68,
9 Senate Print 912A, by Senator Mayer, an act to
10 amend the Education Law.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT BAILEY: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number 69,
15 Senate Print 2114, by Senator Bailey, an act
16 authorizing and directing the Commissioner of
17 Education to conduct a study on the number of
18 children who are caregivers.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BAILEY: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT BAILEY: Announce
2 the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 70,
7 Assembly Print Number 7981, by Assemblymember
8 Reyes, an act to amend the Education Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 70, those Senators voting in the
20 negative are Senators Akshar, Borrello, Gallivan,
21 Griffo, Jordan, Lanza, Martucci, Mattera,
22 Oberacker, O'Mara, Ortt, Palumbo and Weik.
23 Ayes, 50. Nays, 13.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 118, Senate Print 7023, by Senator Mannion, an
3 act directing the Commissioner of Health to
4 conduct a study on the rates of reimbursement
5 made through the New York State Medicaid durable
6 medical equipment.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BAILEY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BAILEY: Announce
15 the results.
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 277, Senate Print 2778, by Senator Stavisky, an
21 act to amend the Education Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar Number 277, those Senators voting in the
8 negative are Senators Akshar, Borrello, Boyle,
9 Gallivan, Griffo, Helming, Jordan, Lanza,
10 Martucci, Mattera, Oberacker, O'Mara, Ortt,
11 Palumbo, Rath, Ritchie, Serino, Stec and Tedisco.
12 Ayes, 44. Nays, 19.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 372, Senate Print 1085, by Senator Gaughran, an
17 act to amend the Public Service Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
862
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 404, Senate Print 6529, by Senator Stavisky, an
7 act to amend the Education Law.
8 SENATOR LANZA: Lay it aside.
9 ACTING PRESIDENT BAILEY: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 425, Senate Print 996, by Senator Hoylman, an act
13 to amend the Domestic Relations Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Senator
22 Brisport to explain his vote.
23 SENATOR BRISPORT: Thank you,
24 Mr. President.
25 This bill is a win for the LGBTQIA
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1 community in this state, and it's also a message,
2 during this national assault on queer rights and
3 the queer community, that all people are welcome
4 in New York.
5 You know, countless state
6 legislatures around this nation are attacking
7 trans rights across this country, keeping them
8 out of sports, denying them gender-affirming
9 surgery. The Florida state legislature has a
10 bill colloquially known as the Don't Say Gay
11 Bill. It would essentially ban elementary school
12 teachers from letting their students know that
13 queer people exist.
14 So this bill is a reminder that all
15 families are welcome in New York, and it's a
16 reminder to all state legislatures across this
17 nation that our diversity makes us stronger.
18 So thank you to Senator Hoylman for
19 introducing this. And thank you, Mr. President.
20 I vote aye.
21 ACTING PRESIDENT BAILEY: Senator
22 Brisport to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 425, those Senators voting in the
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1 negative are Senators Borrello, Gallivan,
2 Helming, O'Mara, Ortt and Serino.
3 Ayes, 57. Nays, 6.
4 ACTING PRESIDENT BAILEY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 436, Senate Print 641, by Senator Liu, an act to
8 amend the Administrative Code of the City of
9 New York.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 436, those Senators voting in the
21 negative are Senators Akshar, Borrello, Boyle,
22 Griffo, Jordan, Lanza, Martucci, Mattera,
23 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
24 Serino, Stec, Tedisco and Weik.
25 Ayes, 45. Nays, 18.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 Senator Gianaris, that completes the
4 reading of today's calendar.
5 SENATOR GIANARIS: Can we move to
6 the controversial calendar, starting with
7 Calendar 404, please.
8 ACTING PRESIDENT BAILEY: The
9 Secretary will ring the bell.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 404, Senate Print 6529, by Senator Stavisky, an
13 act to amend the Education Law.
14 ACTING PRESIDENT BAILEY: Senator
15 Lanza, why do you rise?
16 SENATOR LANZA: Mr. President, I
17 believe there's an amendment at the desk. I
18 waive the reading of that amendment and ask that
19 Senator Borrello be recognized and heard.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Lanza.
22 Upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
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1 Mr. President, I appeal the ruling of the chair
2 and ask that Senator Borrello be recognized.
3 ACTING PRESIDENT BAILEY: The
4 appeal has been made and recognized, and
5 Senator Borrello may be heard.
6 SENATOR BORRELLO: Thank you,
7 Mr. President.
8 Mr. President, I rise to appeal the
9 ruling of the chair. The proposed amendment is
10 germane to the bill at hand because the bill
11 prohibits proprietary schools from intimidating
12 or retaliating against students who file
13 complaints or bring a private right of action
14 against the school.
15 And this amendment would repeal the
16 bail discovery reforms that have enabled
17 criminals to intimidate or retaliate against
18 victims and witnesses. It's clear here that
19 these laws are failing New Yorkers. In 2020 the
20 murder rate was up nearly 50 percent. It's clear
21 that while the rest of us were on lockdown,
22 criminals were out rampaging.
23 In New York City, January 2022, the
24 overall crime rate increased 38.5 percent
25 compared to a year earlier, which includes a
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1 33.1 percent increase in robberies and a
2 31.6 percent increase in shootings.
3 We are facing an acute public safety
4 crisis in New York State. You can't pick up a
5 newspaper or watch the news without hearing about
6 horrific crimes perpetrated against innocent
7 New Yorkers. Law abiding citizen, businesses and
8 our law enforcement officers are at the mercy of
9 the lawless who walk our streets.
10 This week's horrific bail reform
11 example was the stabbing death of a young woman,
12 Christina Lee, in Chinatown by a career criminal
13 who had three open cases, including assault and
14 possession of stolen property. If that judge had
15 the freedom to use his discretion, it's very
16 likely that suspect would have remained behind
17 bars and Ms. Lee would still be here in New York
18 today, alive.
19 The current lie about so-called bail
20 reform is that it only applies to nonviolent
21 offenses. Here are a few of the nonviolent
22 offenses that require judges to release
23 defendants back to the streets: Arson, robbery,
24 assault, DWI, illegal gun possession. Those are
25 just a few.
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1 Another misinterpretation is that
2 it's only our cities. But I held a press
3 conference last week with law enforcement
4 officials from my district, which is mostly rural
5 and several small cities. At that event these
6 officials talked about how hard it is to keep
7 their communities safe because their hands are
8 tied by these criminal justice changes.
9 They talked about criminals who have
10 become so emboldened by their perpetual
11 get-out-of-jail-free cards that they routinely
12 mock arresting officers. Chautauqua County
13 Undersheriff Richard Telford said that more than
14 once, defendants have said to him: "Just give me
15 my appearance ticket so I can get out of here."
16 Dunkirk Police Chief David Ortolano
17 said that after a raid on a drug house, the drug
18 dealer he arrested laughed at him and said, "I
19 can't believe this is all you can do to me."
20 These so-called criminal justice
21 reforms also force prosecutors to disclose the
22 identities and contact information of victims and
23 eyewitnesses. They prohibit judges from
24 considering the dangerousness that the offenders
25 pose to the public even in bail-eligible cases
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1 and even if the offender has a history of
2 violence or witness tampering or intimidation.
3 These reforms have enabled criminals
4 to remain free in the community, armed with the
5 knowledge about who is accusing them of their
6 crimes. Victims and witnesses have never been
7 more at risk of intimidation or retaliation.
8 Police and prosecutors can no longer guarantee
9 anonymity to victims and witnesses.
10 This has led to essential witnesses
11 refusing to come forward and cooperate with law
12 enforcement. This impacts the abilities of DAs
13 to successfully prosecute those who continue to
14 commit serious crimes and put New Yorkers in
15 danger.
16 You can see the dangerous impacts
17 these reforms have made on our state as its out
18 of control crime rate continues. The question I
19 put to my colleagues is, when do we put public
20 safety over politics? What do we do to stop
21 harming our communities in an effort to appease
22 radical special interests?
23 The number-one job of those of us in
24 this chamber is to keep New Yorkers safe. We are
25 failing at that mission, and we must repeal these
870
1 laws.
2 For that reason, Mr. President, I
3 strongly urge you to reconsider your ruling.
4 ACTING PRESIDENT BAILEY: Thank
5 you, Senator Borrello.
6 I want to remind the house that the
7 vote is on the procedures of the house and the
8 ruling of the chair.
9 Those in favor of overruling the
10 chair signify by saying aye.
11 (Response of "Aye.")
12 SENATOR LANZA: Request a show of
13 hands.
14 SENATOR GIANARIS: We've agreed to
15 waive the showing of hands, Mr. President, and
16 record each member of the Minority in the
17 affirmative.
18 ACTING PRESIDENT BAILEY: Without
19 objection, so ordered.
20 Announce the results.
21 THE SECRETARY: Ayes, 20.
22 ACTING PRESIDENT BAILEY: The
23 ruling of the chair stands, and the bill-in-chief
24 is before the house.
25 Are there any other Senators wishing
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1 to be heard?
2 Seeing and hearing none, debate is
3 closed. The Secretary will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 Senator Gianaris.
16 SENATOR GIANARIS: Can we next move
17 to Calendar 68, please.
18 ACTING PRESIDENT BAILEY: The
19 Secretary will ring the bell.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number 68,
22 Senate Print 912A, by Senator Mayer, an act to
23 amend the Education Law.
24 ACTING PRESIDENT BAILEY: Senator
25 Rath, why do you rise?
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1 SENATOR RATH: Thank you,
2 Mr. President. Will the sponsor yield for a
3 question.
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR MAYER: Absolutely.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR RATH: Thank you,
10 Mr. President.
11 Senator Mayer, good to see you.
12 SENATOR MAYER: Good to see you,
13 Senator.
14 SENATOR RATH: I have a few
15 questions today.
16 The first is, why did the sponsor
17 choose tenth grade as the cut-off point for
18 preregistering?
19 SENATOR MAYER: This bill that we
20 passed previously operationalizes the provisions
21 of the laws of New York from 2019, Chapter 2,
22 which requires local boards of education to adopt
23 policies to promote student voter registration
24 and preregistration.
25 And since we changed the eligible
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1 age at which you could preregister, it's
2 absolutely appropriate to start at tenth grade.
3 SENATOR RATH: Thank you,
4 Mr. President. Will the sponsor continue to
5 yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR MAYER: Absolutely.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR RATH: Are there any
12 restrictions or controls that prevent and/or
13 ensure that students are not unduly influenced
14 when filling out these forms?
15 SENATOR MAYER: Well, Senator Rath,
16 currently, let me explain that in many more
17 affluent districts the League of Women Voters
18 actually already has a table allowing any student
19 who wishes to, to enroll either in a party or in
20 no party or make their own choice whether to
21 enroll at all.
22 What this bill does is says for
23 every district schools must comply with the
24 provisions that we adopted previously and simply
25 make available voter registration and
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1 preregistration applications. Make them
2 available.
3 SENATOR RATH: Thank you,
4 Mr. President. Will the sponsor continue to
5 yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR MAYER: Sure.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR RATH: So let me reask my
12 question. Are there any specific restrictions or
13 controls that you know of that can unduly
14 influence or make sure there is no undue
15 influence for the students who are filling out
16 these forms?
17 SENATOR MAYER: Senator Rath,
18 respectfully, I think that the presumption that
19 there would be any pressure -- the same as there
20 would be when you go to the Board of Elections or
21 the Department of Motor Vehicles or anywhere
22 else. We have a society where you get a form and
23 you make a choice.
24 And this is simply affording it to
25 those who are able to preregister and to
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1 register.
2 SENATOR RATH: Thank you.
3 Mr. President, will the sponsor
4 continue to yield.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR MAYER: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR RATH: Let me ask about
11 parents and parents being made aware or having
12 some type of participation or the forms coming
13 back to the children's homes so that the
14 parents are aware of what their students and what
15 their children might be doing within the schools.
16 SENATOR MAYER: Well, in the first
17 place, we adopted a law already that allows a
18 form to say: Are you at least 16 years of age
19 and understand that you must be 18 years of age
20 on or before Election Day to vote, and that until
21 you will be 18 years of age at the time of such
22 election, your registration will be marked
23 pending and you will be unable to cast a ballot
24 in any election.
25 So we specifically allowed
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1 16-year-olds to preregister. This simply
2 operationalizes that. It does not require
3 parental approval for a 16-year-old to fill out
4 the form.
5 SENATOR RATH: Mr. President, will
6 the sponsor continue to yield.
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor yield?
9 SENATOR MAYER: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR RATH: Thank you.
13 Would a teacher and/or other school
14 employee be allowed to advise students as to
15 where political parties stand or how they should
16 register?
17 SENATOR MAYER: There's absolutely
18 no reason, Senator Rath, to assume that there is
19 pressure exerted in making a form available.
20 It's just like a form to sign up for swim club,
21 there were -- the local Republican student
22 committee or student government. It's simply
23 making a form available.
24 SENATOR RATH: Mr. President, will
25 the sponsor continue to yield.
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1 ACTING PRESIDENT BAILEY: Will the
2 sponsor yield?
3 SENATOR MAYER: Yes.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR RATH: Next I want to get
7 into the confirmation process. I'm not sure I
8 received a full answer the last time around, but
9 I'll ask this question now.
10 Is there any confirmation that
11 students and parents will receive that the forms
12 have been completed and properly submitted?
13 SENATOR MAYER: The parent part is
14 not required under the laws that are previously
15 adopted. A 16-year-old can preregister without
16 parental notification and consent.
17 So I'm not sure why your question is
18 asking about parents. This is for 16-year-olds
19 to preregister, or 17-year-olds, and 18-year-olds
20 to register.
21 SENATOR RATH: Mr. President, will
22 the sponsor continue to yield.
23 ACTING PRESIDENT BAILEY: Will the
24 sponsor yield?
25 SENATOR MAYER: Yes.
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1 ACTING PRESIDENT BAILEY: The
2 sponsor yields.
3 SENATOR RATH: With all due
4 respect, if there are school administrators that
5 are involved in this process, parents ought to be
6 involved in this process just as much.
7 But I'll go on to my next question.
8 If a student is not eligible to vote, such as
9 they're not 18 years of age on Election Day,
10 would a preregistered student still receive
11 information leading up to the Election Day?
12 SENATOR MAYER: This bill before us
13 that we're voting on has nothing to do with the
14 election -- information prior to Election Day.
15 This is simply giving you the form,
16 16, 17, 18, you fill it out, it gets back to the
17 Board of Elections. If the Board of Elections
18 does or doesn't give you information, that's up
19 to the board. There's nothing in this bill
20 requiring information regarding an upcoming
21 election.
22 SENATOR RATH: Mr. President, will
23 the sponsor continue to yield.
24 ACTING PRESIDENT BAILEY: Will the
25 sponsor continue to yield?
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1 SENATOR MAYER: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR RATH: Therein lies my
5 concern with regards to the administration, the
6 process, the follow-up and the confirmation.
7 If someone is 18 years of age on
8 Election Day or not, they've filled out all this
9 paperwork but there's no guarantees, there's no
10 tracks, there's no confirmation that the process
11 is working properly.
12 Someone who's 17 years old might get
13 information with regards to a polling place or a
14 registration card. How are we making sure that
15 poll workers are also educated and trained on who
16 is eligible and who is not eligible on
17 Election Day based on this process through the
18 schools and the boards of elections?
19 SENATOR MAYER: Well, again, let me
20 clarify, Senator Rath.
21 One, it appears to me you have a
22 problem with the laws we passed previously. I
23 don't know how you voted on those. But that law
24 allows this registration to take place without
25 parental or supervisory input.
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1 This says to a 16- or 17-year-old:
2 You can fill out the form, and when you're ready
3 to go, then you won't be pending. But for now,
4 you're pending. That's what that law did.
5 This bill before us simply says
6 we're going to make it appropriate, we're going
7 to operationalize the provisions we already
8 adopted, which said that local boards of
9 education are required to adopt policies to
10 promote student voter registration and
11 preregistration.
12 You may disagree with it, but that
13 is the law that is behind the impetus for this
14 bill before us.
15 SENATOR RATH: Thank you.
16 Mr. President, will the sponsor
17 continue to yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor continue to yield?
20 SENATOR MAYER: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR RATH: We may have
24 disagreements on process and language and how
25 this is carrying out, and I have grave concerns.
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1 Previous legislation that was passed may have
2 been flawed and perhaps should be altered and
3 improved.
4 This question, though, is who
5 controls the form after it is filled out? And
6 who is responsible for delivering those forms to
7 the Board of Elections?
8 SENATOR MAYER: In response to your
9 question, Senator Rath, in line 17, in sync with
10 the previous law that we passed, it says that the
11 policy shall include procedures for acquiring and
12 transmitting voter registration and
13 preregistration applications to and from the
14 local boards of elections.
15 So like any other decision
16 implemented by policy, the school, I assume the
17 board of education and the superintendent will
18 together make a policy which implements this.
19 SENATOR RATH: Thank you.
20 Mr. President, on the bill.
21 ACTING PRESIDENT BAILEY: Senator
22 Rath on the bill.
23 SENATOR RATH: Thank you.
24 First of all, thank you,
25 Senator Mayer, for your responses and our
882
1 conversation back and forth.
2 First of all, I'm surprised that
3 this bill isn't brought before the Elections
4 Committee. I actually think that's the
5 appropriate committee and the appropriate venue
6 to be talking about this.
7 And like so many other proposals
8 that are advanced through this body, it will be a
9 costly and burdensome administrative
10 responsibility on our local governments, on our
11 public and our private schools. In many ways it
12 might be considered an unfunded mandate.
13 From the boards of elections, to
14 schools, to teachers -- that have already had
15 more than enough on their plates, particularly
16 throughout the pandemic -- this bill is yet
17 another example of the disconnect between Albany
18 policymakers in this chamber and the public
19 servants at home serving our children.
20 While I support all of our students
21 registering to vote -- of course, when they are
22 eligible -- I think arbitrarily making schools
23 the conduit of that process is unnecessary and
24 inconsiderate of the administrative workload and
25 the burden that will be put on the schools and
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1 the school districts.
2 Furthermore, while this bill has
3 noble and good intentions, it is not well thought
4 out. I believe it is expensive and burdensome.
5 For these reasons, Mr. President,
6 I'll be voting in the negative. Thank you.
7 ACTING PRESIDENT BAILEY: Are there
8 any other Senators wishing to be heard?
9 Seeing and hearing none, debate is
10 closed. The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of July.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Senator
18 Mayer to explain her vote.
19 SENATOR MAYER: Thank you,
20 Mr. President.
21 I'm glad I have the opportunity to
22 talk about this bill. I actually feel quite
23 strongly and passionately about the need for all
24 of us, as elected officials, to ensure that the
25 next generation of New Yorkers, one, knows that
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1 they have the right to vote; two, becomes
2 educated about our civic process and our
3 incredible democracy that gives this right to
4 vote.
5 And secondly, consistent with the
6 laws that we passed proudly in 2019 allowing
7 preregistration by those under 18, implements
8 this in every school.
9 Let me just make the point that I
10 made during the debate. If you go to the more
11 affluent schools in my district and I suspect
12 elsewhere in the state, there's frequently a
13 League of Women Voters volunteer, largely women,
14 usually highly educated, and they have a table in
15 that school for 16-, 17- and 18-year-olds. And
16 more power to them.
17 When I got to be a Senator and I had
18 some of these districts, I went and saw that, and
19 I said, Isn't that terrific, the students in my
20 more affluent districts know about how to
21 register.
22 And then I went to the schools that
23 I traditionally represent in the City of Yonkers,
24 where there is no League of Women Voters in the
25 school. And why shouldn't those students have
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1 the same opportunity and be encouraged, and say,
2 Oh, this is how you do it, it's easy, just fill
3 out the form.
4 You can decide whether you want to
5 be in any party or no party. You can decide you
6 don't want to vote. But here is your sacred
7 right, that you have the ability to participate
8 in this democracy. And isn't that great that we
9 are talking about it to you when you can
10 preregister.
11 Because we made that important
12 change, we are now implementing it. This is an
13 important bill to bring democracy alive and keep
14 it well with the next generation. I proudly vote
15 yes.
16 ACTING PRESIDENT BAILEY: Senator
17 Mayer to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 68, those Senators voting in the
21 negative are Senators Akshar, Borrello, Boyle,
22 Griffo, Jordan, Lanza, Martucci, Mattera,
23 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
24 Serino, Stec, Tedisco and Weik.
25 Ayes, 45. Nays, 18.
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1 ACTING PRESIDENT BAILEY: The bill
2 is passed.
3 Senator Gianaris, that completes the
4 reading of the controversial calendar.
5 SENATOR GIANARIS: Is there any
6 further business at the desk?
7 ACTING PRESIDENT BAILEY: There is
8 no further business at the desk.
9 SENATOR GIANARIS: I move to
10 adjourn until tomorrow, Thursday, February 17th,
11 at 9:00 a.m.
12 ACTING PRESIDENT BAILEY: On
13 motion, the Senate stands adjourned until
14 Thursday, February 17th, at 9:00 a.m.
15 (Whereupon, the Senate adjourned at
16 3:32 p.m.)
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