Regular Session - April 26, 2022
2656
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 26, 2022
11 3:57 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
2657
1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: 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 PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer, in the
11 memory of Timothy Klein and my constituent Carlos
12 Richards, who passed away this weekend after a
13 tragic fire in Canarsie, and in honor of the
14 eight members of the FDNY who were injured while
15 fighting that fire.
16 (Whereupon, the assemblage respected
17 a moment of silence.)
18 ACTING PRESIDENT PERSAUD: Reading
19 of the Journal.
20 THE SECRETARY: In Senate, Monday,
21 April 25, 2022, the Senate met pursuant to
22 adjournment. The Journal of Sunday, April 24,
23 2022, was read and approved. On motion, the
24 Senate adjourned.
25 ACTING PRESIDENT PERSAUD: Without
2658
1 objection, the Journal stands approved as read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 The Secretary will read.
5 THE SECRETARY: Senator Harckham
6 moves to discharge, from the Committee on Labor,
7 Assembly Bill Number 7595 and substitute it for
8 the identical Senate Bill Number 6805, Third
9 Reading Calendar 396.
10 ACTING PRESIDENT PERSAUD: So
11 ordered.
12 Messages from the Governor.
13 Reports of standing committees.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Kennedy.
19 SENATOR KENNEDY: Good afternoon,
20 Madam President.
21 First of all, let me start by
22 acknowledging the fact that Senator Gianaris is
23 not able to be with us here today, as he is
24 taking care of himself at home, following CDC
25 guidelines, after he came down with COVID.
2659
1 I spoke to him earlier today; he's
2 doing very well. And our thoughts are with him.
3 To my colleagues on my side of the
4 aisle, I don't want you to be too disappointed,
5 because this is very temporary --
6 (Laughter.)
7 SENATOR KENNEDY: -- and Senator
8 Gianaris will be back with us before you know it.
9 And to my colleague on the other
10 side of the aisle, I don't want you to get too
11 excited --
12 (Laughter.)
13 SENATOR KENNEDY: -- because this
14 is very temporary and Senator Gianaris will be
15 back with us before you know it.
16 So that with that, Madam President,
17 we'll get down to business.
18 Amendments are being offered to the
19 following Third Reading Calendar bills:
20 The first bill, by Senator Biaggi,
21 page 14, Calendar Number 306, Senate Print 409.
22 Also, by Senator Rivera, page 24,
23 Calendar Number 519, Senate Print 6928.
24 ACTING PRESIDENT PERSAUD: The
25 amendments are received, and the bills will
2660
1 retain their place on the Third Reading Calendar.
2 Senator Kennedy.
3 SENATOR KENNEDY: Thank you,
4 Madam President.
5 I wish to call up, on behalf of
6 Senator Skoufis, Bill Print Number 1829A,
7 recalled from the Assembly, which is now at the
8 desk.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 119, Senate Print 1829A, by Senator Skoufis, an
13 act to amend the Public Authorities Law.
14 SENATOR KENNEDY: Madam President,
15 I now wish to move to reconsider the vote by
16 which this bill was passed.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT PERSAUD: The bill
22 is restored to its place on the Third Reading
23 Calendar.
24 SENATOR KENNEDY: Thank you,
25 Madam President.
2661
1 I wish to call up my bill, Print
2 Number -- wait. I now offer the following
3 amendments to Senator Skoufis's bill.
4 ACTING PRESIDENT PERSAUD: The
5 amendments are received, and the bill will retain
6 its place on the Third Reading Calendar.
7 SENATOR KENNEDY: Thank you,
8 Madam President.
9 I now wish to call up my bill,
10 Print Number 5261A, recalled from the Assembly,
11 which is now at the desk.
12 ACTING PRESIDENT PERSAUD: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 331, Senate Print 5261A, by Senator Kennedy, an
16 act to amend the Business Corporation Law.
17 SENATOR KENNEDY: Madam President,
18 I now wish to move to reconsider the vote by
19 which this bill was passed.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT PERSAUD: The bill
25 is restored to its place on the Third Reading
2662
1 Calendar.
2 SENATOR KENNEDY: Madam President,
3 I now offer the following amendments.
4 ACTING PRESIDENT PERSAUD: The
5 amendments are received, and the bill will retain
6 its place on the Third Reading Calendar.
7 SENATOR KENNEDY: Madam President,
8 please call on Senator Lanza.
9 ACTING PRESIDENT PERSAUD: Senator
10 Lanza.
11 SENATOR LANZA: Thank you,
12 Madam President.
13 I'm happy this is a temporary
14 situation. I miss Senator Gianaris already.
15 (Laughter.)
16 SENATOR LANZA: Madam President, on
17 motion by Senator Palumbo, on page number 36 I
18 offer the following amendments to Calendar 737,
19 Senate Print Number 7687, and ask that said bill
20 retain its place on Third Reading Calendar.
21 ACTING PRESIDENT PERSAUD: The
22 amendments are received, and the bill will retain
23 its place on the Third Reading Calendar.
24 Senator Kennedy.
25 SENATOR KENNEDY: Madam President,
2663
1 I move to adopt the Resolution Calendar, with the
2 exception of Resolution 2363.
3 ACTING PRESIDENT PERSAUD: The
4 question is on adopting the Resolution Calendar,
5 with the exception of Resolution 2363. All in
6 favor of adopting the Resolution Calendar signify
7 by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT PERSAUD: Opposed,
10 nay.
11 (No response.)
12 ACTING PRESIDENT PERSAUD: The
13 Resolution Calendar is adopted.
14 Senator Kennedy.
15 SENATOR KENNEDY: Yes, please take
16 up previously adopted Resolution 1812, by
17 Senator Kaplan, read the resolution in title
18 only, and recognize Senator Kaplan on the
19 resolution.
20 ACTING PRESIDENT PERSAUD: The
21 Secretary will read.
22 THE SECRETARY: Senate Resolution
23 1812, by Senator Kaplan, memorializing Governor
24 Kathy Hochul to proclaim April 24-30, 2022, as
25 Crime Victims' Rights Week in the State of
2664
1 New York.
2 ACTING PRESIDENT PERSAUD: Senator
3 Kaplan on the resolution.
4 SENATOR KAPLAN: Thank you,
5 Madam President.
6 Each year 22 million Americans will
7 be directly impacted by a crime, and all too
8 often that experience leaves a life-changing
9 impact on the physical, emotional and financial
10 well-being of the survivors, their families,
11 their friends and their neighbors.
12 National Crime Victims' Rights Week
13 has been observed every April since 1981, as a
14 way to bring awareness to the struggles of the
15 crime victims, survivors and their families, with
16 the goal of removing barriers to justice for all
17 victims.
18 The theme of this year's observance
19 is "Rights, access and equity for all victims,"
20 underscoring the importance of helping crime
21 survivors find their justice by enforcing
22 victims' rights, expanding access to services and
23 ensuring equity and inclusion for all.
24 At a time when we are seeing crime
25 rates rise around the country and in our own
2665
1 communities, we can do more to help and we must
2 do more to help, not only by raising awareness of
3 Crime Victims' Rights Week but by passing
4 meaningful legislation that uplifts survivors and
5 helps victims and their families to put their
6 lives back together and heal the wounds that
7 doctors cannot.
8 It is why I'm proud to be the
9 sponsor not only of this resolution but also of
10 legislation that would create a network of crime
11 victims and trauma survivor recovery centers
12 across the state, to break the cycle of violence,
13 provide equitable and inclusive community-based
14 services, and help victims and survivors to get
15 true access to justice.
16 We owe it to every New Yorker to be
17 there for them in their hour of need. And it's
18 on all of us to ensure that these services exist
19 and are accessible to all, no matter where they
20 live or their personal circumstances. Because,
21 after all, we're all New Yorkers and we look out
22 for one another no matter what.
23 Thank you.
24 ACTING PRESIDENT PERSAUD: Thank
25 you.
2666
1 Senator Mannion on the resolution.
2 SENATOR MANNION: Thank you,
3 Madam President.
4 I thank Senator Kaplan for bringing
5 this resolution to the floor.
6 Many of us in the room today have
7 been ourselves victims of crime. And certainly
8 we've been in this chamber and seen family
9 members who had lost loved ones as a result of
10 criminal activity. We have friends that have
11 been victims of crime and family members as well.
12 The world has never been without
13 criminal activity, but that world came into my
14 family about 40 years ago as my first cousin
15 Jimmy Dorsey, Jim-Jim, was murdered in his own
16 home as his two sons, my second cousins, Ryan and
17 Matthew, witnessed that crime and were fired at
18 themselves as they fled the area.
19 They have lived a life of pain but
20 have overcome that pain. And it is victims of
21 crime like my cousin and my second cousins that
22 are often forgotten. But that pain does not go
23 away. And that's why resolutions like this and
24 important legislation has to be there, to support
25 individuals that are victims of criminal
2667
1 activity.
2 Matt and Ryan got through it. I'm
3 proud to go to their weddings, be there with
4 their children and see the joy that they can live
5 with somehow after going through such a traumatic
6 event at such a young age. Everyone is not that
7 lucky, and we need to be there to support them.
8 I proudly support this resolution.
9 Thank you, Madam President.
10 ACTING PRESIDENT PERSAUD: Thank
11 you, Senator.
12 The resolution was previously
13 adopted on February 15th.
14 Oh, sorry. Senator Palumbo on the
15 resolution.
16 One second, Senator Palumbo. I
17 would just like to remind my colleagues, because
18 your conversation is being heard up here, if you
19 can please respect our colleagues while they are
20 speaking. Thank you.
21 Senator Palumbo on the resolution.
22 SENATOR PALUMBO: Thank you,
23 Madam President.
24 And I rise today as well to support
25 this resolution. And I commend the sponsor for
2668
1 bringing it to the floor. And I do associate
2 myself with the comments made by the two previous
3 speakers.
4 You know, having been in the
5 business, so to speak, of law enforcement for
6 many years and sitting with families who have
7 lost a loved one, been victims themselves -- and
8 as Senator Kaplan mentioned, there are 22 million
9 crime victims each year.
10 But quite frankly, there are a lot
11 more than that that are -- that result from a
12 crime and a victim. You have family members, you
13 have parents, children, friends. Those that are
14 around the victim are dealing with or have to
15 deal with the emotional scars for many, many
16 years to follow, some of them for the rest of
17 their lives, particularly if it's a violent
18 crime.
19 And when you hear about victimless
20 crimes, that's not really the case either.
21 Because we have, for example, drug crimes, and
22 they were so-called victimless crimes. And
23 obviously the influx of drugs has created a
24 scourge in our society of overdose victims and
25 people who are abusing substances. So it goes
2669
1 even further than that.
2 And quite frankly, proclaiming Crime
3 Victims' Rights Week in the State of New York, in
4 conjunction with the National Crime Victims'
5 Rights Week, it couldn't have come at a more
6 timely point in society, because we have a plague
7 of crime.
8 And we can debate as to the reasons
9 for that, and that's not why I'm -- that's not
10 for here at this point, at this time. But the
11 plague of crime is national, is international.
12 Crime is up. It is spiking. Therefore, victims
13 are more prevalent.
14 So we need to ensure, when we act in
15 this body, that we do so remembering and always
16 keeping in mind victims' rights. And we need to
17 act in a fashion that is always to protect the
18 rights of those individuals who have done nothing
19 wrong other than have their lives changed because
20 someone perpetrated a crime on them.
21 I appreciate the opportunity to say
22 a few words, Madam President, and I vote aye.
23 Thank you.
24 ACTING PRESIDENT PERSAUD: Thank
25 you, Senator.
2670
1 The resolution was -- is there any
2 other -- Senator Jackson on the resolution.
3 SENATOR JACKSON: Thank you,
4 Madam President.
5 First let me thank my colleague
6 Senator Anna Kaplan for bringing forward this
7 resolution.
8 And in fact I don't have a copy in
9 front of me, but the message is loud and clear.
10 This is about a resolution regarding crime
11 victims and their rights. Understanding that
12 many of us in this room, our colleagues,
13 relatives, have been victims of crime.
14 And I can say this to you, that I
15 remember loud and clear when my mother got a call
16 in 1975 that my brother, my younger brother, was
17 in critical condition, was not expected to live.
18 And that is so clear in my mind today, as we
19 dealt with the first member of my family to die
20 as a result of a crime. And never we have found
21 out who was his murderer. But that lives with me
22 and my family even as of today.
23 And I was at a press conference
24 earlier which happened to do with qualified
25 immunity. And I know that many people have
2671
1 different opinions on this particular matter.
2 But some of these people that were at the press
3 conference are relatives of victims that have
4 been brutalized or even murdered, and they are
5 seeking justice also -- as crime victim family
6 members, their constitutional rights.
7 And so I say to everyone that as my
8 colleagues indicated, this is a resolution about
9 justice for all victims, regardless of the
10 circumstances. And everyone has a right to seek
11 their due equity and inclusiveness for getting
12 their rights done. And so protecting the rights
13 of victims is extremely important.
14 And from a government point of view,
15 we must make sure that the agencies are available
16 to help those victims do the processing that is
17 absolutely necessary to seek justice.
18 And with that, Madam President, and
19 to my colleagues, I vote aye on the resolution.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator.
22 Let me try this again. The
23 resolution was previously adopted on
24 February 15th.
25 Senator Kennedy.
2672
1 SENATOR KENNEDY: Thank you.
2 Please take up previously adopted
3 Resolution 1973, by myself, read the resolution
4 in title only, and recognize me on that
5 resolution.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 1973, by Senator Kennedy, commemorating the
10 200th anniversary of Frederick Law Olmsted's
11 birthday on Tuesday, April 26, 2022.
12 ACTING PRESIDENT PERSAUD: Senator
13 Kennedy on the resolution.
14 SENATOR KENNEDY: Thank you,
15 Madam President.
16 I rise to honor the 200th
17 anniversary of Frederick Law Olmsted's birthday
18 today. This much-deserved recognition coincides
19 with National Olmsted 200, marking this
20 extraordinary moment.
21 Frederick Law Olmstead was many
22 things during his lifetime -- an author, a
23 journalist, a city planner, a public official.
24 The list goes on and on. But above all, he'll
25 forever be remembered as a visionary and one of
2673
1 the first landscape architects of the
2 19th century here in the United States.
3 Olmsted's designs have influenced
4 the development of parks, communities,
5 recreational landscapes, college campuses -- the
6 examples are endless. All you have to do is look
7 around here in New York to see the spirit of his
8 art realized.
9 After designing New York's Central
10 Park and Brooklyn's Prospect Park, Olmsted made
11 his way to Buffalo, where he ended up designing
12 six major parks, seven parkways, and eight
13 landscape circles throughout the city. It was
14 here that the country's first urban park system
15 was born -- as Olmsted deemed it, a city within a
16 park.
17 For the next 30 years, Olmsted
18 produced designs for parks and institutions
19 across the country, leaving his mark on almost
20 every major city in the United States, from
21 Niagara Falls to North Carolina to Yosemite
22 National Park to be Washington, D.C., and so many
23 places in between. Olmsted was dedicated to
24 creating parks for all people.
25 And while thousands of miles apart,
2674
1 all of these concepts had a common theme. A true
2 believer that landscape should promote a sense of
3 community, Olmsted's visions were centered around
4 green space and encouraged vibrant, livable
5 cities. He wanted people to connect, to
6 celebrate our togetherness. And that's exactly
7 what we continue to do today in Buffalo and
8 beyond.
9 Frederick Law Olmsted's intention to
10 create communities centered walkability and
11 connectivity, something we can all carry with us
12 as we plan for our future here in the great State
13 of New York.
14 For these reasons and so many
15 others, I'm proud to commemorate the 200th
16 anniversary of the birthday of Frederick Law
17 Olmsted here in New York and celebrate this
18 trailblazer's contributions to our state and to
19 our country.
20 Thank you, Madam President.
21 ACTING PRESIDENT PERSAUD: Thank
22 you, Senator.
23 The resolution was previously
24 adopted on March 22nd.
25 Senator Kennedy.
2675
1 SENATOR KENNEDY: Thank you,
2 Madam President.
3 Please take up previously adopted
4 Resolution 2190, by Senator Cleare, read that
5 resolution in title only, and recognize
6 Senator Cleare on the resolution.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 2190, by Senator Cleare, memorializing Governor
11 Kathy Hochul to proclaim April 26, 2022, as
12 Domestic Violence Awareness and Prevention Day in
13 the State of New York.
14 ACTING PRESIDENT PERSAUD: Senator
15 Cleare.
16 SENATOR CLEARE: Thank you,
17 Madam President.
18 As chair of the New York State
19 Senate Standing Committee on Women's Issues, I'm
20 not only honored by the opportunity to sponsor
21 this resolution but, more importantly, to stand
22 up and amplify the voices of generations of women
23 who had to fight with such tenacity and moral
24 clarity for the right to be treated with simple
25 human dignity.
2676
1 I am proud that today, under the
2 leadership of Leader Stewart-Cousins, we have
3 passed a number of important bills to make sure
4 that survivors of domestic violence have
5 important legal, judicial, health, housing,
6 financial and consumer protection rights.
7 Like so many other issues, domestic
8 violence has a disproportionate impact on
9 communities of color and in particular Black
10 women, over 40 percent of whom will experience a
11 domestic violence episode in their lifetime.
12 At a rate of two and a half to three
13 times more than others, this is an alarming and
14 painful fact. Yet I know that it drives all of
15 us here today to redouble and enhance our
16 efforts.
17 I spoke at the annual New York State
18 Coalition Against Domestic Violence Legislative
19 Day of Action event this morning, and I was so
20 proud to be joined there by our leader and so
21 many other extraordinary leaders.
22 We know that the movement has been
23 making a difference for over 40 years now, and I
24 look forward to being on the vanguard of
25 important changes and modernizations to make sure
2677
1 that we are proactively meeting the needs of
2 survivors with a dynamic network of over
3 100 service providers and 200 facilities, like a
4 group called WARM, We All Really Matter, which
5 operates in my district.
6 So much more is needed -- education,
7 awareness, resources, programs and more. And I
8 look forward to being back here later this
9 session and in coming years to vote on
10 legislation and funding for these additional
11 supports as well.
12 And I vote aye.
13 ACTING PRESIDENT PERSAUD: Thank
14 you, Senator.
15 The resolution was previously
16 adopted on April 5th.
17 Senator Kennedy.
18 SENATOR KENNEDY: Thank you.
19 Please take up Resolution 2363, by
20 Senator Gounardes, read that resolution in title
21 only, and recognize Senator Gounardes on the
22 resolution.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
2678
1 2363, by Senator Gounardes, memorializing
2 Governor Kathy Hochul to recognize April 20,
3 2022, in honor of the 245th anniversary of the
4 adoption of the first New York State
5 Constitution.
6 ACTING PRESIDENT PERSAUD: Senator
7 Gounardes.
8 SENATOR GOUNARDES: Thank you,
9 Madam President.
10 Today I want to take just a few
11 minutes to commemorate April 20th, a day that may
12 have passed without much fanfare, as the
13 245th anniversary of New York becoming a state.
14 On April 20, 1777, New York ratified
15 and adopted our first State Constitution in the
16 City of Kingston. The Constitution, the first
17 chartering document of the newly declared
18 independent New York, was drafted primarily by
19 prominent founding fathers John Jay and
20 Gouverneur Morris -- both of whom would go on to
21 sign the U.S. Constitution in 1787 -- and Robert
22 Livingston, who represented New York at the
23 Second Continental Congress, was a member of the
24 committee that drafted the Declaration of
25 Independence, and administered the first oath of
2679
1 office to George Washington in 1789.
2 The process of drafting the
3 Constitution began almost immediately after the
4 Declaration of Independence was announced in July
5 of '76. The New York Provincial Congress, a
6 committee of colonists who favored independence
7 that began organizing itself in 1775 to support
8 the war effort, met in the City of White Plains
9 on July 10, 1776, to begin the work of creating a
10 new government now that the colony had declared
11 itself free and independent.
12 The work of the Provincial Congress
13 was delayed and disrupted by the imminent
14 invasion of New York City by British forces. The
15 Congress had to adjourn repeatedly and seek out
16 safer locations away from the British Army, a
17 situation that became more desperate with the
18 Continental Army's defeats across Long Island and
19 New York City, and their ultimate retreat across
20 the river to New Jersey.
21 As winter settled in on the war
22 effort and the British made their camp in New
23 York City, the Provincial Congress fled to
24 upstate Kingston to continue their efforts at
25 mobilizing for the war effort and drafting the
2680
1 Constitution.
2 Finally, on April 20, 1777, with
3 only one dissenting vote, the Provincial Congress
4 of New York, renaming itself the Convention of
5 Representatives of the State of New York, adopted
6 and ratified the new Constitution. Remarkably,
7 the new Constitution was not submitted to the
8 general public for ratification or support
9 because the ongoing war made that nearly
10 impossible.
11 Our first Constitution had 42
12 sections, and it clocked in at just under 7,000
13 words. It included in its preamble the entire
14 text of the Declaration of Independence. It did
15 not have a formal Bill of Rights, but it did
16 include a right to trial by jury, a right to
17 counsel in felony cases, and a right of due
18 process, as well as prohibitions against bills of
19 attainder and protections of religious freedom
20 and liberty of conscience.
21 The Constitution made no mention of
22 slavery, nor did it even include a process for
23 future amendments, but it was the first state
24 constitution and therefore the first constitution
25 in the nation's history to require that
2681
1 legislative representation be based on equal
2 population and that every seven years the
3 apportionment of legislative seats be reallocated
4 based on changes in the population.
5 Our first Constitution was in many
6 ways a precursor to the U.S. Constitution that
7 would be adopted a decade later. For example,
8 looking at the records we have of the
9 deliberations, the State Senate -- this very
10 chamber -- was designed to be a filter for public
11 opinion much like the U.S. Senate was designed to
12 be the so-called saucer that cools the tea that
13 we learned about so much in our civics and social
14 studies classes.
15 Over the years our state and the
16 structures of our government, the rights bestowed
17 to our people, and the obligations of our people
18 vis-a-vis that government, have changed greatly.
19 In fact, the State of New York has ratified four
20 different constitutions: 1777, 1821, 1846, and
21 1894. And in between all those years, our
22 Constitution has been amended hundreds and
23 hundreds of times.
24 The history of our state's
25 constitutional evolution is rich and fascinating,
2682
1 and I could very easily stand here for days
2 talking about it. But don't worry, I won't. I
3 see Rachel shaking her head. But if you'll just
4 indulge me for a few minutes -- we don't get to
5 talk about our State Constitution all that
6 much -- I want to share some highlights and
7 interesting points of information about our State
8 Constitution and how it's evolved over time.
9 In 1821, our Constitution adopted a
10 formal Bill of Rights, largely modeled on the
11 federal Bill of Rights. It included provisions
12 concerning habeas corpus, double jeopardy,
13 self-incrimination, eminent domain, and free
14 speech.
15 The 1821 Constitution authorized the
16 Legislature to deny suffrage to anyone convicted
17 of a felony and also required that the sale of
18 any state lands be used exclusively for the
19 benefit of the state's common schools. This was
20 the first time that public schools were mentioned
21 in the Constitution.
22 In 1846, a convention was held to
23 make additional changes to our State
24 Constitution. That convention proposed an
25 amendment guaranteeing equal suffrage for
2683
1 African-Americans, but with the caveat that the
2 amendment would only take effect after public
3 referendum. That public referendum failed by a
4 vote of 223,000 to 85,000.
5 Delegates to the 1846 convention
6 proposed an amendment guaranteeing free public
7 education, but that proposal failed to secure
8 enough votes from the convention's delegates.
9 The 1846 convention prohibited
10 executive bail, cruel and unusual punishment, and
11 the unreasonable detention of witnesses. It also
12 included a provision requiring a public reform
13 referendum every 20 years on whether a new
14 constitutional convention should be convened, a
15 provision that still exists in our Constitution
16 today.
17 Of great interest perhaps to members
18 of this body, the 1846 convention reduced the
19 length of State Senate terms from three years to
20 two years, and it's remained the same ever since.
21 That same constitution also laid the foundation
22 of our judiciary, creating the trial-level
23 Supreme Court and the Court of Appeals.
24 The next constitutional convention
25 was convened in 1867. But in 1858, the
2684
1 Legislature approved a resolution calling for an
2 immediate disbandment of state government and
3 transferring all governing authority to the
4 New York Central Railroad. The public, in their
5 infinite wisdom, narrowly voted down that
6 proposed constitutional amendment by just
7 6,000 votes.
8 The convention in 1867 rejected a
9 call for women's suffrage, saying that the public
10 sentiment does not demand and would not sustain
11 an innovation so revolutionary and sweeping. I
12 know many of our colleagues in here would firmly
13 disagree with that sentiment from 1867.
14 The convention also rejected a
15 literacy requirement for voting on the grounds
16 that men's relative capacity is not absolutely
17 measured by their literary achievements.
18 A major theme of the 1867
19 constitutional convention was dealing with the
20 balance between state government and local
21 government. After several decades of state
22 domination of local affairs, including the
23 legislative disbandment of the police department
24 of New York City and the creation of a new
25 metropolitan police department with a
2685
1 commissioner appointed directly by the Governor,
2 the 1867 constitutional convention proposed a
3 series of structural changes designed to allow
4 local governments to exercise what we have now
5 come to know as home rule. The 1867 convention
6 proposed additions to the State Bill of Rights,
7 including a right against unreasonable search and
8 seizure, the right to confront witnesses in
9 criminal cases, the right to peaceful assembly,
10 and the right to petition the government for a
11 redress of grievances.
12 The public overwhelmingly voted
13 against all of the proposals that were made
14 during the 1867 convention, though over time many
15 of those amendments were ultimately adopted.
16 Fast forwarding 30 years to 1894,
17 the constitutional convention that met proposed
18 400 different amendments to the Constitution and
19 ultimately adopted just 33 of them. Proposals to
20 grant women's suffrage, regulate antitrust,
21 guarantee pensions for the elderly, guarantee the
22 right to join a union, and a ban on child labor
23 all failed to even advance out of committee for
24 the convention's full consideration.
25 That convention did propose,
2686
1 however -- and approved -- an amendment requiring
2 that all bills introduced in the Legislature had
3 to sit for three days on legislators' desks
4 before they could be voted on.
5 In the 1894 convention the
6 Constitution was amended to guarantee for the
7 first time a fully public school system,
8 elevating education to the status of a core
9 constitutional value, though the amendment does
10 not guarantee a statutory or constitutionally
11 minimal level of education.
12 In 1894 we also saw the creation of
13 the landmark "Forever Wild" provision, which
14 obligated the state to keep the Adirondack and
15 Catskill Forest Preserves free from development.
16 Also of interest, and somewhat
17 timely in the news, the 1894 Constitution
18 proposed creating the office of Temporary
19 President of the Senate, which as we all know is
20 occupied by our Majority Leader.
21 There's so much more rich history
22 that I can go on and on and on to talk about --
23 (Laughter.)
24 SENATOR GOUNARDES: I could, but I
25 can sense from some of my colleagues that perhaps
2687
1 we need more than one holiday to celebrate the
2 rich history of our state's Constitution.
3 I'm glad to say that today in the
4 Judiciary Committee we were able to pass my bill
5 to designate April 20th officially as New York
6 Constitution Day, a day for us to just take a
7 pause and reflect upon the rich history that our
8 Constitution provides to us.
9 And now I know many might be
10 asking -- and I can see --
11 (Laughter.)
12 SENATOR GOUNARDES: -- some people
13 here might be asking, why does this all matter
14 and why should we care? And I'll tell you why.
15 Because our civic culture places
16 such a premium on our federal Constitution. We
17 learn about it all throughout our school years,
18 beginning in elementary school. We talk about
19 the U.S. Constitution as if it were some sort of
20 religious document that holds the eternal truths
21 that support our personal political views, while
22 simultaneously disproving the views of those we
23 disagree with.
24 We spend so much time and energy and
25 effort debating the constitutional powers of the
2688
1 federal government -- and yet for all of its
2 sacred importance and preeminence in our
3 understanding of our civic identity, we tend to
4 overlook just how important state governments
5 really are. States -- the laboratories of
6 democracy, as Justice Brandeis might remind us --
7 have a more fundamental impact on our day-to-day
8 lives as citizens than the federal government
9 ever has and perhaps ever will.
10 And in a world that depends on an
11 engaged and educated citizenry to fulfill the
12 promise of self-government, what could be more
13 important than starting with the very
14 foundational charter that outlines the rights,
15 privileges, powers and responsibilities of a
16 government that directly affects our lives each
17 and every day? We should care about our
18 State Constitution because it is the blueprint
19 for a state government that is meant to serve us.
20 And so today, even though it's
21 April 26th, I want to wish you all a happy
22 April 20th -- 4/20 -- New York Constitution Day.
23 Thank you.
24 (Applause.)
25 ACTING PRESIDENT PERSAUD: Thank
2689
1 you, Senator.
2 The question is on the resolution.
3 All in favor of the resolution
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT PERSAUD: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT PERSAUD: The
10 resolution is adopted.
11 Senator Kennedy.
12 SENATOR KENNEDY: Madam President,
13 thank you very much.
14 And I just want to take a point of
15 personal privilege and thank Senator Gounardes
16 for that very extraordinary history lesson for
17 all of us. There will be a pop quiz afterwards.
18 (Laughter.)
19 SENATOR KENNEDY: And,
20 Madam President, I just want to say how much I
21 personally appreciated the time he took to do
22 that resolution.
23 (Laughter.)
24 SENATOR KENNEDY: That being said,
25 at the request of the sponsors, the resolutions
2690
1 are all open for cosponsorship.
2 ACTING PRESIDENT PERSAUD: The
3 resolutions are open for cosponsorship. Should
4 you choose not to be a cosponsor of the
5 resolutions, please notify the desk.
6 Senator Kennedy.
7 SENATOR KENNEDY: Yeah, a quick
8 announcement. There will be an Energy Committee
9 meeting that will proceed after session.
10 ACTING PRESIDENT PERSAUD: There
11 will be an Energy Committee meeting immediately
12 after session.
13 SENATOR KENNEDY: Madam President,
14 please call on Senator Rivera for an
15 introduction.
16 ACTING PRESIDENT PERSAUD: Senator
17 Rivera.
18 SENATOR RIVERA: Thank you,
19 Madam President.
20 And I just want to -- for the
21 record, Madam President, I want to apologize to
22 Senator Kennedy.
23 So many times I have kind of
24 admonished you on your lengthy, elaborate -- I
25 apologize. I didn't -- I take it all back.
2691
1 (Laughter.)
2 SENATOR RIVERA: And I want to
3 pause for a second to see if Senator Gounardes
4 was just taking a breath to go to the second --
5 you're good?
6 SENATOR GOUNARDES: I'm good.
7 SENATOR RIVERA: Okay, he's good.
8 Madam President, thank you so
9 much --
10 ACTING PRESIDENT PERSAUD: Senator
11 Rivera for an introduction.
12 (Laughter.)
13 SENATOR RIVERA: Yes, an
14 introduction. So after -- after that thing that
15 just occurred, I am glad that we got that history
16 lesson. I'm going to give you another history
17 lesson. But unlike some, I will actually be
18 brief.
19 But in all seriousness,
20 Madam President, I am incredibly lucky to
21 represent the Bronx, and I'm incredibly lucky to
22 represent an incredibly diverse group of folks in
23 the Bronx.
24 Certainly I am Puerto Rican by
25 birth; I represent more Dominicans than any other
2692
1 state legislator in the country. I certainly --
2 I have folks of Albanian descent, African-
3 American descent, et cetera.
4 And there's one community in
5 particular that has been up here in Albany
6 before, and I want to recognize them because they
7 are here with us today, and that is the Garifuna
8 community.
9 (Applause from balcony.)
10 SENATOR RIVERA: Yes. We will have
11 an opportunity to do that some more, because --
12 so, Madam President, as I'm sure that you know,
13 the Garifuna community is an incredibly proud and
14 interesting group of folks that were a product of
15 an Afro-Indigenous mix -- folks of African
16 descent brought here against their will who
17 escaped after a ship ran aground in
18 Central America and mixed with the Indigenous
19 population and created this amazing culture and
20 amazing folks.
21 And they've traveled all over the
22 world, but one of the biggest populations outside
23 of Central America, outside of Honduras and
24 Belize, are right there in the Bronx.
25 And I am -- I want to thank
2693
1 Senator Sepúlveda, who unfortunately could not be
2 here today, but he introduced a resolution to
3 recognize April as Garifuna-American Heritage
4 Month.
5 And so I wanted to take an
6 opportunity to welcome these fine folks here, and
7 I wanted to name them because some of them are
8 friends I haven't seen in a while. We are very
9 thankful to have -- you know, as you know, the
10 pandemic has meant that there is a lot of folks
11 who haven't gotten the opportunity to come up in
12 the last couple of years, but I am very glad to
13 see some of my friends back here among us.
14 With us we have Carlos Arana
15 Baltazar -- and please stand as I recognize
16 you -- Karen Blanco, Yanira Arias, Felix Gamboa,
17 Satuye Tousant, Oscar Guevarra, Thorito
18 Martinez -- this guy right here, by the way, I
19 could tell you stories of dancing in parades and
20 him trying to keep everybody in line, et cetera.
21 I look forward again to those parades and you
22 trying to keep me in line, which you will not be
23 able to do -- Claudia Bonilla, Alma Fuentes,
24 Christy David.
25 These amazing folks represent
2694
1 organizations in the Garifuna-American community:
2 Asuncor, Hondurans Against AIDS, Casa Yurumein,
3 Alianza Americas, Patronato de San Juan, Lumalali
4 Limu, Hijos de Livingston, Garifuna Health
5 Initiatives, Chief Joseph Chatuyer Performance
6 Dance Group, Organización San Antonio, Honduran
7 Parade Committee, Patronato de Plaplaya -- that
8 one I love -- and Central American Black
9 Organization.
10 Madam President, all of these
11 organizations are an incredibly important part of
12 New York State and certainly of the Bronx, and
13 those folks have all been -- are all an
14 incredibly important part of what makes the Bronx
15 great.
16 I thank you for coming. And you
17 picked the right day, because now you know all
18 that you can -- you will never know more --
19 (Laughter; applause.)
20 SENATOR RIVERA: -- you now know
21 more about the New York State Constitution than I
22 do.
23 Madam President, please offer them
24 the benefits of the house.
25 Thank you so much for joining us.
2695
1 ACTING PRESIDENT PERSAUD: Thank
2 you, Senator.
3 To our guests, I welcome you on
4 behalf of the Senate. We extend to you the
5 privileges and courtesies of this house.
6 Please rise and be recognized.
7 (Standing ovation.)
8 ACTING PRESIDENT PERSAUD: Senator
9 Kennedy.
10 SENATOR KENNEDY: Madam President,
11 please take up the reading of the calendar.
12 ACTING PRESIDENT PERSAUD: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 230, Senate Print 404, by Senator Biaggi, an act
16 to amend the Criminal Procedure Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
2696
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 266, Senate Print 6142A, by Senator Boyle, an act
6 to amend Chapter 635 of the Laws of 1987.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 333, Senate Print 1681, by Senator Bailey, an act
21 to amend the Public Housing Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
2697
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 366, Senate Print 1269, by Senator Brooks, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 120th day after it
16 shall have become a law.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 366, those Senators voting in the
24 negative are Senators Akshar, Biaggi, Borrello,
25 Brisport, Gallivan, Griffo, Helming, Jordan,
2698
1 Myrie, Oberacker, O'Mara, Ortt, Ramos, Rath,
2 Ritchie, Salazar, Stec, Tedisco and Weik.
3 Ayes, 43. Nays, 19.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 367, Senate Print 1331, by Senator Krueger, an
8 act to amend the Penal Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the first of November.
13 ACTING PRESIDENT PERSAUD: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT PERSAUD: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT PERSAUD: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 376, Senate Print 7157A, by Senator Parker, an
23 act to amend the Public Service Law and the
24 General Business Law.
25 ACTING PRESIDENT PERSAUD: Read the
2699
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 383, Senate Print 1745, by Senator Skoufis, an
14 act to amend the Alcoholic Beverage Control Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT PERSAUD: The bill
2700
1 is passed.
2 THE SECRETARY: Calendar Number
3 369, Senate Print 2115, by Senator Bailey, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 396, Assembly Print Number 7595, by
19 Assemblymember Otis, an act to amend the
20 Labor Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
2701
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 396, those Senators voting in the
7 negative are Senators Akshar, Borrello, Boyle,
8 Gallivan, Griffo, Helming, Jordan, Lanza,
9 Martucci, Mattera, Oberacker, O'Mara, Ortt,
10 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
11 Weik.
12 Ayes, 42. Nays, 20.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 415, Senate Print 6549B, by Senator Gallivan, an
17 act to amend the Highway Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Announce
2702
1 the results.
2 THE SECRETARY: In relation to
3 Calendar Number 415, voting in the negative:
4 Senator Brisport.
5 Ayes, 61. Nays, 1.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 466, Senate Print 4009A, by Senator Breslin, an
10 act to amend the Penal Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 470, Senate Print 6443A, by Senator Mayer, an act
25 to amend the Criminal Procedure Law and the
2703
1 Family Court Act.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 7. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 470, those Senators voting in the
13 negative are Senators Akshar, Borrello, Gallivan,
14 Griffo, Helming, Jordan, Lanza, Oberacker,
15 O'Mara, Ortt, Rath, Ritchie, Stec and Tedisco.
16 Ayes, 48. Nays, 14.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 510, Senate Print 5940, by Senator Parker, an act
21 to require the Office for the Prevention of
22 Domestic Violence to conduct a study on domestic
23 violence in the transgender community.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
2704
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 581, Senate Print 66A, by Senator Hoylman, an act
13 to amend the Criminal Practice Law and Rules.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Senator
22 Jackson to explain his vote.
23 SENATOR JACKSON: Thank you,
24 Madam President.
25 My colleagues, I rise to support the
2705
1 bill, the Adult Survivor Act, understanding that
2 this bill, S66, which our conference has
3 previously passed and continuously championed,
4 this legislation, the Adult Survivors Act, gives
5 the many survivors of sexual offenses, as adults,
6 an opportunity to seek civil action against their
7 abuser or their abuser's enablers in a court of
8 law.
9 And we see child abuse survivors,
10 young adults and older survivors, often either
11 suppressing memories of their abuse or they are
12 afraid to come forward right away. And by the
13 time that adult survivors get the help that they
14 need and finally can take action against their
15 abusers, it's too late to do anything about it
16 legally.
17 It is time to enact commonsense
18 legislation that would do away with New York's
19 vague statute of limitations, which denies many
20 justice.
21 Today we are taking a massive step
22 to fix that. And I wanted to thank my colleague,
23 our colleague, Senator Hoylman and all the
24 cosponsors for standing up for adult survivors
25 and for continuously pushing for this
2706
1 legislation. With our vote today, our state
2 acknowledges that all survivors of sexual assault
3 deserve justice.
4 I proudly vote aye, Madam President.
5 ACTING PRESIDENT PERSAUD: Senator
6 Jackson to be recorded in the affirmative.
7 Senator Hoylman to explain his vote.
8 SENATOR HOYLMAN: Thank you,
9 Madam President.
10 This is such a great day for the
11 survivors of sexual abuse. And of course it's
12 National Crime Victims' Rights Week and Sexual
13 Assault Awareness Month. So this is a propitious
14 time to pass the Adult Survivors Act here in the
15 Senate.
16 I want to thank my colleagues on
17 both sides of the aisle -- although I'm on your
18 side of the aisle now --
19 (Laughter.)
20 SENATOR HOYLMAN: But thank you for
21 your support last year. We passed this
22 legislation unanimously. I hope we do it this
23 year too.
24 And I also want to thank the
25 survivors themselves, who have really put
2707
1 themselves out there in a way that must be
2 traumatic and triggering to relive their
3 harrowing experiences, to help educate us as to
4 why we need to pass this important legislation in
5 this chamber today.
6 And of course groups like Safe
7 Horizon and CHILD USA, who organize those
8 advocates and support them and bring them to
9 Albany, as they did today.
10 I also, you know, want to say that
11 today's vote is recognition of their suffering,
12 their trauma, their heartache -- but also how we
13 need to work harder to support survivors of
14 sexual abuse. We recognize in today's vote that
15 adult survivors of sexual abuse had such a narrow
16 window to file their claims against their abusers
17 or the institutions that may have protected them.
18 Thankfully, thanks to colleagues, we
19 fixed that in the last couple of years. We went
20 from two to five years to over 20 years
21 prospectively. And of course the Child Victims
22 Act, which was a really important moment for our
23 new Majority, when we allowed the adult survivors
24 of child sexual abuse to open that window of
25 opportunity and file claims, because the statute
2708
1 of limitations also had only been one to five
2 years.
3 And find me someone under 18 years
4 old who can balance a checkbook or even know what
5 a checkbook is these days, much less hire an
6 attorney, confront an abuser, go to court --
7 that's not likely to happen. And the Child
8 Victims Act was recognition of that.
9 So today we follow suit with the
10 Adult Survivors Act, recognizing that the statute
11 of limitations was far too short, that trauma
12 takes time -- sometimes years, sometimes
13 decades -- to process, and that we have a solemn
14 responsibility here to correct that with this
15 legislation.
16 I'm very thankful to our Majority
17 Leader, Andrea Stewart-Cousins. I don't think
18 it's a coincidence that a woman leads this
19 chamber and that we have passed both the
20 Child Victims Act, Madam President, and the
21 Adult Survivors Act today.
22 And we also send a message to all
23 survivors that we hear you and that we are taking
24 steps to ensure that your life is made better by
25 our work here in Albany.
2709
1 I vote aye. Thank you,
2 Madam President.
3 ACTING PRESIDENT PERSAUD: Senator
4 Hoylman to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 625, Senate Print 192, by Senator Thomas, an act
11 to amend the General Business Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 SENATOR LANZA: Lay it aside.
15 SENATOR KENNEDY: Lay it aside for
16 the day.
17 ACTING PRESIDENT PERSAUD: The bill
18 will be laid aside for the day.
19 THE SECRETARY: Calendar Number
20 654, Senate Print 3020A, by Senator Parker, an
21 act to amend the Criminal Procedure Law and the
22 Executive Law.
23 SENATOR LANZA: Lay it aside.
24 ACTING PRESIDENT PERSAUD: Lay it
25 aside.
2710
1 THE SECRETARY: Calendar Number
2 658, Senate Print 7562, by Senator Salazar, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Senator
13 Mayer to explain her vote. No --
14 SENATOR MAY: Thank you,
15 Madam President --
16 ACTING PRESIDENT PERSAUD: Senator
17 May to explain her vote.
18 SENATOR MAY: Thank you,
19 Madam President. I never mind being mistaken for
20 Shelley Mayer.
21 ACTING PRESIDENT PERSAUD: Sorry.
22 SENATOR MAY: It's okay.
23 I rise in support of this bill and
24 this whole package of bills that we're passing
25 today in support of survivors of domestic
2711
1 violence.
2 For most of us, it's hard to imagine
3 what it would be like to feel unsafe within our
4 homes and within our families. But for those who
5 do, it is truly a nightmare. And I am proud that
6 our body has repeatedly stepped forward to pass
7 legislation like Senator Salazar's legislation to
8 support victims and survivors of domestic
9 violence.
10 The pandemic made this problem far
11 worse. When people are shut in, when mental
12 health and substance abuse issues are rising,
13 when people are just frustrated and feeling
14 unsure where their next paycheck is going to come
15 from, all of these things contribute to domestic
16 violence. And so this is a really important
17 moment for us to be taking these steps.
18 And so I proudly vote aye on this
19 and the other bills in this package.
20 Thank you.
21 ACTING PRESIDENT PERSAUD: Senator
22 May to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT PERSAUD: The bill
2712
1 is passed.
2 THE SECRETARY: Calendar Number
3 685, Senate Print 8231A, by Senator Salazar, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 685, voting in the negative:
16 Senator Borrello.
17 Ayes, 61. Nays, 1.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 691, Senate Print 7235, by Senator Kavanagh, an
22 act to amend the Private Housing Finance Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 2. This
2713
1 act shall take effect immediately.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 757, Senate Print 8417B, by Senator Persaud, an
12 act to amend the Executive Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 Senator Kennedy, that completes the
2714
1 reading of today's calendar.
2 SENATOR KENNEDY: Please go to the
3 reading of the controversial calendar.
4 ACTING PRESIDENT PERSAUD: The
5 Secretary will ring the bell.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 654, Senate Print 3020A, by Senator Parker, an
9 act to amend the Criminal Procedure Law and the
10 Executive Law.
11 ACTING PRESIDENT PERSAUD: Senator
12 Lanza, why do you rise?
13 SENATOR LANZA: Madam President, I
14 believe there's an amendment at the desk. I
15 waive the reading of that amendment and ask that
16 you recognize Senator Serino to be heard.
17 ACTING PRESIDENT PERSAUD: Thank
18 you, Senator Lanza.
19 Upon review of the amendment, in
20 accordance with Rule 6, Section 4B, I rule it
21 nongermane and out of order at this time.
22 SENATOR LANZA: Accordingly,
23 Madam President, I appeal the ruling of the chair
24 and ask that you recognize Senator Serino.
25 ACTING PRESIDENT PERSAUD: The
2715
1 appeal has been made and recognized, and
2 Senator Serino may be heard.
3 Senator Serino.
4 SENATOR SERINO: Thank you,
5 Madam President.
6 The proposed amendment is germane --
7 oh, I'm sorry, I rise to appeal the ruling of the
8 chair.
9 The proposed amendment is germane
10 because the bill at hand is about protecting
11 domestic violence victims, and the proposed
12 amendment would do just that by repealing the
13 bail reform laws that force judges to release
14 dangerous domestic abusers.
15 Because of bail reform, innocent
16 domestic violence victims have never been more
17 vulnerable than they are today. While our old
18 laws allowed judges to set bail on any offenders
19 charged with a family offense, these disastrous
20 bail reform laws, even with your last-minute
21 budget changes, actually handcuff our judges,
22 preventing them from setting bail on many serious
23 and inherently violent offenses, including
24 assault in the third degree, menacing in the
25 second degree -- that's someone threatening
2716
1 another person with a weapon -- most stalking
2 offenses, including stalking someone while
3 displaying or possessing a gun or other weapon --
4 just picture yourself or a loved one in that
5 position -- false imprisonment in the second
6 degree, which is unlawfully restraining another
7 person, and aggravated family offense.
8 In addition, the law still does not
9 allow for the consideration of the risk that an
10 abuser might pose to the victim or the community
11 as a whole. That simply defies logic. Too often
12 individuals charged with common domestic violence
13 offenses are released on arraignment, with
14 nothing more than an order of protection in place
15 to help the victim.
16 Anyone who has experienced domestic
17 violence will tell you that an order of
18 protection is often no more powerful than the
19 piece of paper that it's printed on.
20 Because of bail reform, a victim's
21 abuser is immediately released at arraignment,
22 able to return to their victim -- who is at
23 constant risk of further harm -- and threaten and
24 intimidate their victim to prevent them from
25 cooperating with law enforcement.
2717
1 It is because of these laws that
2 abusers today have even more of an opportunity to
3 manipulate their vulnerable victims and use
4 threats of violence to prevent the successful
5 prosecution of their crimes.
6 I know that we can all agree that we
7 need strong laws to protect domestic violence
8 victims and empower survivors. And I know my
9 colleagues in this body, because of some of the
10 bills that were passed today, believe that too.
11 However, the most important law that
12 we can pass to do that is one that fully reverses
13 these dangerous bail policies. Ensuring public
14 safety and protecting our most vulnerable is a
15 fundamental function of government, one that
16 New York State is absolutely failing at right
17 now. It is time that this body takes real action
18 to restore common sense to our criminal justice
19 system and go back to the drawing board on bail
20 reform.
21 For these reasons, Madam President,
22 I strongly urge you to reconsider your ruling.
23 Thank you.
24 ACTING PRESIDENT PERSAUD: Thank
25 you, Senator.
2718
1 I want to remind the house that the
2 vote is on the procedures of the house and the
3 ruling of the chair.
4 Those in favor of overruling the
5 chair signify by saying aye.
6 SENATOR LANZA: Request a show of
7 hands.
8 SENATOR KENNEDY: Without
9 objection, please waive the showing of hands and
10 record each member of the Minority in the
11 affirmative.
12 ACTING PRESIDENT PERSAUD: Without
13 objection, so ordered.
14 Announce the results.
15 THE SECRETARY: Ayes, 20.
16 ACTING PRESIDENT PERSAUD: The
17 ruling of the chair stands, and the bill-in-chief
18 is before the house.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the first of January.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
2719
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 Senator Kennedy, that completes the
7 reading of the controversial calendar.
8 SENATOR KENNEDY: Is there any
9 further business at the desk?
10 ACTING PRESIDENT PERSAUD: There is
11 no further business at the desk.
12 SENATOR KENNEDY: I move to adjourn
13 until Wednesday, April 27th, at 11:00 a.m.
14 ACTING PRESIDENT PERSAUD: On
15 motion, the Senate stands adjourned until
16 Wednesday, April 27th, at 11:00 a.m.
17 (Whereupon, at 4:57 p.m., the Senate
18 adjourned.)
19
20
21
22
23
24
25