Regular Session - June 23, 2015

                                                                   5022

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 23, 2015

11                     3:59 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               5023

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.  

 4                I ask everyone present to please 

 5   rise for the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                THE PRESIDENT:   In the absence of 

 9   clergy, may we bow our heads in a moment of 

10   silence.

11                (Whereupon, the assemblage 

12   respected a moment of silence.)

13                THE PRESIDENT:   Thank you.

14                The reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   June 22nd, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, June 21st, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                THE PRESIDENT:   Without objection, 

21   the Journal stands approved as read.  

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               5024

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Yes, thank 

 7   you, Madam President.  

 8                On behalf of Senator Little, I move 

 9   that the following bills be discharged from 

10   their respective committees and be recommitted 

11   with instructions to strike the enacting clause:  

12   Senate Print Numbers 515 and 3501A.

13                THE PRESIDENT:   So ordered.  

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   I'm now 

16   handing up committee assignments.  And have 

17   those been received?  

18                THE PRESIDENT:   Those have been 

19   received and filed with the Journal Clerk.

20                SENATOR DeFRANCISCO:   Thank you, 

21   Madam President.

22                I'd like to call an immediate 

23   meeting of the Rules Committee in Room 332 and 

24   stand at ease until the report comes back from 

25   the Rules Committee.


                                                               5025

 1                THE PRESIDENT:   There's an 

 2   immediate meeting of the Rules Committee in 

 3   Room 332 of the Capitol.  

 4                The Senate will stand at ease.

 5                (Whereupon, the Senate stood at 

 6   ease at 4:01 p.m.)

 7                (Whereupon, the Senate reconvened 

 8   at 4:16 p.m.)

 9                ACTING PRESIDENT CROCI:   Senator 

10   DeFrancisco.

11                SENATOR DeFRANCISCO:    

12   Mr. President, it's my understanding that 

13   there's a report of the Rules Committee at the 

14   desk.

15                ACTING PRESIDENT CROCI:   The 

16   Secretary will read.

17                SENATOR DeFRANCISCO:   Thank you.  

18                THE SECRETARY:   Senator Flanagan, 

19   from the Committee on Rules, reports the 

20   following bills:  

21                Senate Print 983A, by Senator 

22   Montgomery, an act to amend the Correction Law; 

23                Senate 4494B, by Senator Dilan, an 

24   act to amend the Vehicle and Traffic Law; 

25                Senate 4495, by Senator Murphy, an 


                                                               5026

 1   act to amend the Highway Law; 

 2                Senate 5990, by Senator Espaillat, 

 3   an act to amend the Public Authorities Law;

 4                Senate 6000, by Senator Savino, an 

 5   act to amend the Elder Law; 

 6                Senate 6002, by Senator Funke, an 

 7   act to amend a chapter of the Laws of 2015; 

 8                Senate 6003, by Senator Hannon, an 

 9   act to amend the Public Health Law; and 

10                Senate 6005, by Senator Young, an 

11   act to authorize.  

12                All bills reported direct to third 

13   reading.

14                SENATOR DeFRANCISCO:   I move to 

15   accept the report of the Rules Committee.  

16                ACTING PRESIDENT CROCI:   All those 

17   in favor of accepting the report of the Rules 

18   Committee signify by saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT CROCI:   Opposed, 

21   nay.

22                (No response.)

23                ACTING PRESIDENT CROCI:   The report 

24   is accepted.

25                Senator DeFrancisco.


                                                               5027

 1                SENATOR DeFRANCISCO:   Since we 

 2   don't have the bills quite yet, we can't go to 

 3   the noncontroversial supplemental calendar.  So 

 4   we'll stand at ease, hopefully for a very short 

 5   period of time.

 6                ACTING PRESIDENT CROCI:   The Senate 

 7   will stand at ease.

 8                (Whereupon, the Senate stood at ease 

 9   at 4:17 p.m.)

10                (Whereupon, the Senate reconvened at 

11   4:22 p.m.)

12                ACTING PRESIDENT CROCI:   The Senate 

13   will come to order.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Yes, can we 

16   go to motions and resolutions.  

17                And I move to adopt the Resolution 

18   Calendar, which is on the desks.

19                ACTING PRESIDENT CROCI:   Motions 

20   and resolutions.  

21                The question is on the adoption of 

22   the Resolution Calendar.  All in favor signify by 

23   saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT CROCI:   Those 


                                                               5028

 1   opposed, nay.

 2                (No response.)

 3                ACTING PRESIDENT CROCI:   The 

 4   Resolution Calendar is adopted.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Yes, 

 7   Mr. President, we now have the bills on the 

 8   desks.  And can we please do the noncontroversial 

 9   reading of Supplemental Calendar 57A.

10                ACTING PRESIDENT CROCI:   The 

11   Secretary will read.

12                THE SECRETARY:   In relation to 

13   Calendar 1873, Senator Montgomery moves to 

14   discharge, from the Committee on Rules, 

15   Assembly Bill Number 6430A and substitute it for 

16   the identical Senate Bill 983A, Third Reading 

17   Calendar 1873.

18                ACTING PRESIDENT CROCI:   The 

19   substitution is so ordered.  

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   1873, by Member of the Assembly Perry, 

23   Assembly Print Number 6430A, an act to amend the 

24   Correction Law.

25                ACTING PRESIDENT CROCI:   Read the 


                                                               5029

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CROCI:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 55.

10                ACTING PRESIDENT CROCI:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1874, by Senator Dilan, Senate Print 4494B, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CROCI:   Senator 

23   Stavisky to explain her vote.

24                SENATOR STAVISKY:   Yes, to explain 

25   my vote, Mr. President.


                                                               5030

 1                The families who have lost children 

 2   and parents in various vehicular accidents have 

 3   been in touch with my office.  And I'm going to 

 4   vote for this bill, but that doesn't in any way 

 5   diminish our concern for Vision Zero and for 

 6   strong enforcement of the traffic rules.  

 7                Particularly, the family I have in 

 8   mind particularly is H.P. and Amy Liao, who lost 

 9   their daughter Allison to a terrible accident a 

10   number of years ago, and they are still in our 

11   thoughts.  

12                And we want to be sure that we 

13   continue the vigilance that we have shown in the 

14   past.  I vote aye.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT CROCI:   Senator 

17   Stavisky to be recorded in the affirmative.

18                Senator Sanders to explain his vote.

19                SENATOR SANDERS:   Thank you, 

20   Mr. President.

21                When the city proposed Vision Zero 

22   and we all accepted it, it was a way forward to 

23   make sure that we cut down on the fatalities that 

24   have wreaked havoc with so many families.

25                One unheard-of consequence of this 


                                                               5031

 1   was the arrest of so many bus drivers on this.  

 2   There must be a way to ensure that we do have 

 3   Vision Zero, that we do make sure that we're 

 4   cutting down on the fatalities and at the same 

 5   time not criminalizing some of the great members 

 6   of the middle class, some of the great people who 

 7   move New York City and keep everything going.

 8                Having heard their pleas, how can I 

 9   not vote yes on this matter?  

10                Thank you very much.

11                ACTING PRESIDENT CROCI:   Senator 

12   Sanders to be recorded in the affirmative.

13                Senator Dilan to explain his vote.

14                SENATOR DILAN:   Mr. President, I 

15   rise to ask my colleagues to support me on this 

16   bill.  

17                This bill, it's only correcting a 

18   problem with Vision Zero, which I originally did 

19   support.  And it's only fair that an accident is 

20   an accident.  And this does not take the right 

21   away from the Police Department to arrest an 

22   individual who drives recklessly or commits 

23   multiple infractions.  

24                The only thing that this bill does 

25   is corrects and places MTA bus drivers similarly 


                                                               5032

 1   situated with federal, state and city employees, 

 2   who are now exempted in the case of an accident.  

 3   So if after an investigation it is determined 

 4   that a crime was committed, or an infraction, at 

 5   that point in time the individual can be 

 6   arrested.

 7                What this bill does, it ensures that 

 8   a person is not humiliated or handcuffed at the 

 9   scene of an accident.  

10                So I support this measure and ask my 

11   colleagues to do the same.  

12                Thank you.

13                ACTING PRESIDENT CROCI:   Senator 

14   Dilan to be recorded in the affirmative.

15                Senator Hassell-Thompson to explain 

16   her vote.

17                SENATOR HASSELL-THOMPSON:   Thank 

18   you, Mr. President.

19                I rise to support this bill.  And 

20   even though I have stood with the Department of 

21   Transportation in the Bronx -- particularly 

22   around Gun Hill Road and some of the areas where 

23   there are multiple accidents, where the 

24   streets are very, very wide and it's very 

25   difficult for our seniors and children to cross.  


                                                               5033

 1                But I do think that I have -- my 

 2   observation of particularly our bus drivers as 

 3   they move through the city is to put not only 

 4   their passengers but pedestrians first and try to 

 5   create safe environments.  And I don't think that 

 6   the implication that the Police Department has 

 7   chosen to take in terms of these arrests really 

 8   makes sense.  

 9                Just -- and so that this -- but the 

10   bill creates some difficulties for many of us, 

11   because I'm not sure the same can be said for 

12   some of our livery and some of the other elements 

13   that are contained in this bill.  That's what 

14   happens with an omnibus bill, we have -- it 

15   becomes ominous, as opposed to omnibus.  

16                But I have to support the bill, 

17   because I think that what has been happening in 

18   many of our communities is unfair to the people 

19   who are responsible for transporting us and 

20   making sure that we get safely from Point A to 

21   Point B.

22                Thank you, Mr. President.

23                ACTING PRESIDENT CROCI:   Senator 

24   Hamilton to explain his vote.

25                SENATOR HAMILTON:   Yes, 


                                                               5034

 1   Mr. President.  

 2                I rise to support this bill with my 

 3   union brothers and sisters in TWU.  I've been a 

 4   union member all my life, and I understand what 

 5   it takes to work within the system and do the 

 6   right thing.

 7                I want to thank Senator Dilan for 

 8   producing this bill.  

 9                And I just want to say our members 

10   of TWU literally move this city.  They get up 

11   every day before the sun rises, leave their 

12   children sleeping, to make sure our city -- 

13   New York City is the most populated city in 

14   America.  We move more people every day than any 

15   other city in America.  And TWU workers do it 

16   with respect, distinction and dedication to their 

17   job.  

18                And right now, as they move more 

19   people than anybody else in this state, you can't 

20   criminalize an accident.  An accident is an 

21   accident.  And no one should go to work fearful 

22   of being arrested on their job because of an 

23   accident.

24                There are timetables put before them 

25   by the MTA on getting people from A-B to Point Z 


                                                               5035

 1   within a short period of time.  And I think at 

 2   this point in time if you're on the job and 

 3   you're not drinking, you're not impaired by any 

 4   other influence, you shouldn't be arrested or 

 5   criminalized for getting into the accident.

 6                So I support this bill in support of 

 7   the TWU, and I want to thank Senator Dilan for 

 8   putting this bill forward.  

 9                And I just want to say my 

10   brother-in-law is a bus driver, and he gets up to 

11   work every day, he loves his job.  He's been spit 

12   on on his job, he's been punched in the face on 

13   his job, he's been verbally abused on his job, 

14   and no one's ever been arrested for those 

15   criminal acts against him.  But he still loves 

16   his job.  And he still goes to work every day.  

17                And this is just a microcosm of what 

18   MTA TWU workers face every day when they get on 

19   the train and they get on the buses and perform 

20   their jobs.  So I just want to say thank you for 

21   the MTA, and I support the TWU workers in this 

22   bill.  

23                Thank you very much.

24                ACTING PRESIDENT CROCI:   Senator 

25   Hamilton to be recorded in the affirmative.


                                                               5036

 1                Senator Panepinto to explain his 

 2   vote.

 3                SENATOR PANEPINTO:   Yes, I don't 

 4   live in New York City, I don't ride MTA buses, 

 5   but I've been a union member for 35 years.  And I 

 6   think it's wrong that we're treating, you know,  

 7   union bus drivers differently than we're treating 

 8   the rest of the citizens in the State of 

 9   New York.  

10                And I just signed a box slip for 

11   Senator Dilan, I'm voting in the affirmative, and 

12   I want to thank him for bringing this bill 

13   forward.  And we shouldn't be penalizing the 

14   hardworking men and women of the MTA.  

15                So I vote aye.

16                ACTING PRESIDENT CROCI:   Senator 

17   Panepinto to be recorded in the affirmative.

18                Senator Díaz to explain his vote.

19                SENATOR DIAZ:   Thank you, 

20   Mr. President.  

21                I just rise to support Senator Dilan 

22   in this magnificent, tremendous, important piece 

23   of legislation.  

24                You know, I have never seen anyone 

25   trying to punish his own people except for the 


                                                               5037

 1   mayor of the City of New York.  The Honorable 

 2   Bill de Blasio is trying to be a macho man, 

 3   trying to show that he is the best.  At what?  I 

 4   don't know what.  Punishing the drivers of the 

 5   buses of the City of New York.  

 6                And by the way, the majority of 

 7   those drivers are minorities, black and Hispanic.

 8                So, Mr. Mayor, macho man, you know, 

 9   don't be that macho man.  And understand that 

10   we -- we know and we want to stop accidents and 

11   we want to save lives in the City of New York.  

12   But the way that this mayor is doing it, he's 

13   punishing his own people.  Those workers work for 

14   him.  Those workers work for the mayor of the 

15   city that he's the boss.  And he is punishing 

16   them.  

17                So therefore I'm here today to 

18   reject that action from the mayor and to support 

19   Senator Dilan in this beautiful, magnificent, 

20   pro-worker, pro-drivers of the Metropolitan 

21   Transportation Authority piece of legislation.

22                I am voting yes.  Thank you.

23                ACTING PRESIDENT CROCI:   Senator 

24   Díaz to be recorded in the affirmative.

25                Senator Montgomery to explain her 


                                                               5038

 1   vote.

 2                SENATOR MONTGOMERY:   Yes, thank 

 3   you, Mr. President.  

 4                I rise to also thank my colleague 

 5   Senator Dilan for this legislation.  

 6                This is really a very simple, I 

 7   think, solution to a big problem that we have.  

 8   It is unconscionable that we should have bus 

 9   drivers arrested on the spot, unlike any other 

10   people who are unfortunately engaged in an 

11   accident, and without due process for them as 

12   drivers.  So I certainly appreciate Senator 

13   Dilan's introducing this legislation.

14                And let me just say I live in a part 

15   of the city that is very, very congested, 

16   traffic-heavy, and with large numbers of streets 

17   that have been redesigned, reengineered, and in 

18   fact made much more difficult even to navigate 

19   with the smallest vehicle.  

20                And you can well imagine what 

21   difficulty it is for bus drivers to navigate 

22   narrow streets, congested traffic, trying to make 

23   turns where unfortunately so many pedestrians in 

24   the City of New York do not consider the 

25   seriousness of the danger that they put 


                                                               5039

 1   themselves in when they stand out in the street, 

 2   when a vehicle of any size, much less a large 

 3   vehicle like a bus or a truck, is making a turn, 

 4   and in many instances they become invisible to 

 5   that driver.

 6                So that's unfortunate.  We have, I 

 7   think, a lot of work to do, from both the 

 8   perspective of the drivers but also from 

 9   pedestrians being more responsible and certainly 

10   hopefully understanding the danger that they are 

11   in when they behave in certain ways.

12                So while I am so very much in favor 

13   of many of the aspects of the Governor's plan to 

14   try to reduce accidents, this does not seem to 

15   fit into that category.  This is just punishing a 

16   certain group of people who are trying to do 

17   their work, trying to do their job in the most 

18   difficult of circumstances, and if there's a 

19   mistake, they get handcuffed and arrested.  That, 

20   to me, is wrong.  

21                So I am definitely supporting this 

22   legislation, and I really hope that my colleagues 

23   will join us in this measure that has been 

24   introduced by Senator Dilan.

25                I'll be voting yes, Mr. President.  


                                                               5040

 1   Thank you.

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Montgomery to be recorded in the affirmative.

 4                Senator Savino to explain her vote.

 5                SENATOR SAVINO:   Thank you, 

 6   Mr. President.

 7                I also want to thank Senator Dilan 

 8   for bringing this bill out, and I want to thank 

 9   all of my of my colleagues for supporting it.  

10                A couple of years ago -- or just 

11   about a year ago, the new Mayor de Blasio put 

12   forward a very ambitious agenda called Vision 

13   Zero.  We all want to make our streets safer in 

14   New York City for drivers, for pedestrians, and 

15   for our bicyclists.  And there's probably no more 

16   difficult place to drive than the City of 

17   New York.  And that is certainly true for our bus 

18   drivers.  

19                We have people, as Senator 

20   Montgomery talked about, people who disobey 

21   traffic rules every day.  We have drivers who 

22   drive in the bus lanes.  We have drivers who 

23   ignore bus lanes.  We have drivers who just do 

24   whatever they want to do.  And our bus drivers, 

25   professional bus drivers, have to follow the 


                                                               5041

 1   rules every day in an impossible city to 

 2   navigate, and they have to do with it with 

 3   courtesy and with respect.  

 4                And they have to do it while being 

 5   yelled at by passengers because they're late or 

 6   because the door didn't open fast enough, or 

 7   because the aisle is blocked.  You name it, 

 8   people just levy all kinds of animosity towards 

 9   our bus drivers.  

10                But this was one insult too many.  

11   To expect them to be held to a higher standard 

12   than the general public was an unintended 

13   consequence of Vision Zero, and we needed to do 

14   something to fix it.  So I want to thank everyone 

15   for participating in that.  

16                But there's one group I also want to 

17   talk about, and that is the Transport Workers 

18   Union Local 100 and ATU Local 726.  They led the 

19   fight for this.  

20                And when they started talking about 

21   this, they were vilified by many who said that 

22   they were part of the problem and that in fact 

23   they shouldn't defend bus drivers who were 

24   breaking the law.  But they understood they had 

25   to defend their members and they had to get 


                                                               5042

 1   equity and justice for them as they go out there 

 2   and move New York City every day.  

 3                So I want to thank all of you for 

 4   voting for it; Senator Dilan; but mostly the men 

 5   and women who move New York City.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Savino to be recorded in the affirmative.

 9                Announce the result.

10                THE SECRETARY:   In relation to 

11   Calendar 1874, those recorded in the negative are 

12   Senators Croci, DeFrancisco, Hannon, Hoylman, 

13   Krueger and Squadron.

14                Ayes, 54.  Nays, 6.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.  

17                (Applause from gallery.)

18                THE SECRETARY:   In relation to 

19   Calendar 1875, Senator Murphy moves to discharge, 

20   from the Committee on Rules, Assembly Bill Number 

21   6613 and substitute it for the identical Senate 

22   Bill Number 4495, Third Reading Calendar 1875.

23                ACTING PRESIDENT CROCI:   The 

24   substitution is so ordered.

25                The Secretary will read.


                                                               5043

 1                THE SECRETARY:   Calendar Number 

 2   1875, by Member of the Assembly Katz, Assembly 

 3   Print 6613, an act to amend the Highway Law.

 4                ACTING PRESIDENT CROCI:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CROCI:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1876, by Senator Espaillat, Senate Print 5990, an 

16   act to amend the Public Authorities Law.

17                ACTING PRESIDENT CROCI:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 180th day.

21                ACTING PRESIDENT CROCI:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CROCI:   Announce 

25   the result.


                                                               5044

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1877, by Senator Savino, Senate Print 6000, an 

 6   act to amend the Elder Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the same date and in the 

11   same manner as a chapter of the Laws of 2015.

12                ACTING PRESIDENT CROCI:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT CROCI:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1878, by Senator Funke, Senate Print 6002, an act 

20   to amend a chapter of the Laws of 2015.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the same date and in the 

25   same manner as a chapter of the Laws of 2015.


                                                               5045

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Krueger to explain her vote.

 6                SENATOR KRUEGER:   Thank you.

 7                So this bill is technically a 

 8   chapter amendment to last week's technically 

 9   incorrect bill.  So I am glad that we are fixing 

10   the technical errors, but we've still picked the 

11   wrong dates.  

12                And in fact, if this were to become 

13   the law, we would have two different primaries 

14   for the presidential and congressional.  That's 

15   at an estimated cost of between $50 million and 

16   $100 million more to our local governments.

17                We could get this right, we still 

18   have time, and actually have one primary -- a 

19   radical notion -- for both the presidential and 

20   the congressional primaries in that spring.  

21                So I'll be voting no on this bill, 

22   hoping we can eventually get this right in time.

23                Thank you, Mr. President.

24                ACTING PRESIDENT CROCI:   Senator 

25   Krueger to be recorded in the negative.


                                                               5046

 1                Senator Gianaris to explain his 

 2   vote.

 3                SENATOR GIANARIS:   Thank you, 

 4   Mr. President.

 5                Last week we had a different version 

 6   of this bill that I voted against because it 

 7   contained technical problems that made it 

 8   inconsistent with the DNC rules.  That would have 

 9   created all the sorts of problems in terms of the 

10   awarding of delegates in the Democratic Party 

11   process.  

12                Those issues have been fixed in this 

13   bill.  I understand there's honest discussion 

14   about what date would be better than another.  

15   But because the technical aspects of the bill are 

16   now correct, and my understanding is the Assembly 

17   is also moving on this, I'll be voting in the 

18   affirmative.

19                ACTING PRESIDENT CROCI:   Senator 

20   Gianaris to be recorded in the affirmative.

21                Announce the result.

22                THE SECRETARY:   In relation to 

23   Calendar 1878, those recorded in the negative are 

24   Senators Avella, Breslin, Carlucci, Comrie, 

25   Hassell-Thompson, Hoylman, Klein, Krueger, 


                                                               5047

 1   Latimer, Perkins, Rivera, Savino, Serrano, 

 2   Squadron and Valesky.  Also Senator Montgomery.  

 3   Also Senator Panepinto.  

 4                Ayes, 43.  Nays, 17.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1879, by Senator Hannon, Senate Print 6003, an 

 9   act to amend the Public Health Law.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first month 

14   commencing after the 180th day.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   In relation to 

19   Calendar 1879, those recorded in the negative are 

20   Senators Ortt and Ranzenhofer.  

21                Ayes, 58.  Nays, 2.

22                ACTING PRESIDENT CROCI:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1880, by Senator Young, Senate Print 6005, an act 


                                                               5048

 1   to authorize.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CROCI:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Is that the 

16   last bill on this calendar?

17                ACTING PRESIDENT CROCI:   It is.

18                SENATOR DeFRANCISCO:   With 

19   unanimous consent, I would request that 

20   Senator Montgomery be given the opportunity to 

21   explain her vote on her bill, Calendar 1873.  She 

22   was unable to do it at the time and is now 

23   available.

24                ACTING PRESIDENT CROCI:   Senator 

25   Montgomery to explain her vote.


                                                               5049

 1                SENATOR MONTGOMERY:   Thank you, 

 2   Mr. President.

 3                I rise to thank my colleagues for 

 4   consent to support this legislation.  It's a very 

 5   important bill to so many people, especially 

 6   those women who happen to be, though 

 7   incarcerated, are pregnant and are going to be 

 8   delivering a child.

 9                So this bill would expand what is 

10   also already in law as an anti-shackling bill, 

11   but it would extend that to all female inmates 

12   who are pregnant, who are in labor or postpartum, 

13   during transport or hospitalization, unless there 

14   are extraordinary circumstances that require them 

15   to be shackled.

16                So in any of those situations, they 

17   are not to be shackled unless there are 

18   extraordinary circumstances.  And that 

19   extraordinary circumstance must be approved by 

20   the commissioner or superintendent or sheriff.

21                The bill also removes any 

22   correctional officer from the delivery room while 

23   a baby is being born unless the medical staff or 

24   the woman request a correctional person to be in 

25   the room.


                                                               5050

 1                In addition, this bill requires that 

 2   the correctional employees be trained to follow 

 3   the law -- as they now are not doing, 

 4   apparently -- and so that everyone in the 

 5   facilities that house women in our state are 

 6   fully aware of what the law is, what the rules 

 7   are, and that women themselves are informed as 

 8   well.

 9                Finally, it provides for an annual 

10   report to the Legislature on the use of 

11   restraints under the extraordinary circumstances 

12   exception to this law.  

13                So this moves us closer to having a 

14   much more humane approach to women who are 

15   incarcerated as they prepare for the delivery of 

16   their babies and as they deliver those babies and 

17   as they also are required to have postpartum 

18   examinations for themselves and their babies.

19                So thank you, Mr. President, and I 

20   thank my colleagues for supporting this important 

21   legislation.  

22                Thank you.

23                ACTING PRESIDENT CROCI:   Senator 

24   DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes.  Is 


                                                               5051

 1   there any further business at the desk?  

 2                ACTING PRESIDENT CROCI:   No further 

 3   business at the desk.

 4                SENATOR DeFRANCISCO:   That being 

 5   the case, we're going to adjourn until June 24th, 

 6   that's tomorrow, at 3:00 p.m.

 7                ACTING PRESIDENT CROCI:   On motion, 

 8   the Senate will stand adjourned until tomorrow at 

 9   3:00 p.m.

10                (Whereupon, at 4:48 p.m., the Senate 

11   adjourned.)

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