Regular Session - May 7, 2019
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 7, 2019
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: Reverend
9 Alonzo Jordan, pastor of Greater Covenant
10 Ministries in Jamaica, will deliver today's
11 invocation.
12 Reverend Jordan.
13 REVEREND JORDAN: Shall we pray?
14 Eternal God, creator of the heavens
15 and the earth, we come to You today to beseech
16 Your knowledge, wisdom and understanding in order
17 to form a more perfect union.
18 Endow and impart each legislator and
19 their staff with the integrity to govern our fair
20 state with Your holy spirit. Let them be
21 ever-mindful that they are their brother's and
22 sister's keeper, despite their political
23 differences.
24 We pray for a unified spirit, one
25 nation under God, indivisible with liberty and
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1 justice for all. One Lord, one faith, and one
2 baptism.
3 Purify our hearts and minds, that we
4 may see clearly Your perfect will for the
5 citizens of New York State.
6 Grant each Senator grace,
7 temperance, moral fortitude, political fervor and
8 acumen, as well as the common touch in these
9 perilous times we know we now live in.
10 In the name of the Father, the Son,
11 the Holy Spirit, let all God's children say amen.
12 (Response of "Amen.")
13 ACTING PRESIDENT MAYER: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 May 6, 2019, the Senate met pursuant to
17 adjournment. The Journal of Sunday, May 5, 2019,
18 was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 32, Senator
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1 Gounardes moves to discharge, from the Committee
2 on Civil Service and Pensions, Assembly Bill
3 Number 5386 and substitute it for the identical
4 Senate Bill 3918, Third Reading Calendar 523.
5 ACTING PRESIDENT MAYER:
6 Substitution so ordered.
7 Can we have some order in the
8 chamber, please.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 state officers.
14 Motions and resolutions.
15 Senator Gianaris.
16 SENATOR GIANARIS: Madam President,
17 amendments are offered to the following Third
18 Reading Calendar bills:
19 Senator Kennedy, page 12, Calendar
20 Number 148, Senate Print 1549;
21 Senator Sanders, page 21, Calendar
22 Number 337, Senate Print 2115A;
23 Senator Sanders, page 21, Calendar
24 Number 338, Senate Print 2283A;
25 Senator Brooks, page 22, Calendar
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1 Number 390, Senate Print 4701;
2 Senator Kennedy, page 23, Calendar
3 Number 408, Senate Print 4524A;
4 Senator Stavisky, page 28, Calendar
5 Number 478, Senate Print 4873; and
6 Senator Skoufis, page 34, Calendar
7 Number 545, Senate Print 1627.
8 I ask that these bills retain their
9 place on Third Reading Calendar.
10 ACTING PRESIDENT MAYER: The
11 amendments are received, and the bills shall
12 retain their place on the Third Reading Calendar.
13 Senator Gianaris.
14 SENATOR GIANARIS: I now move to
15 adopt the Resolution Calendar, with the exception
16 of Resolutions 794, 1115, 1126, 1368, 1382 and
17 1385.
18 ACTING PRESIDENT MAYER: All in
19 favor of adopting the Resolution Calendar, with
20 the exception of Resolutions 794, 1115, 1126,
21 1368, 1382 and 1385, please signify by saying
22 aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MAYER: Opposed?
25 (No response.)
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1 ACTING PRESIDENT MAYER: The
2 Resolution Calendar is adopted.
3 Senator Gianaris.
4 SENATOR GIANARIS: Madam President,
5 can we begin by taking up Resolution 1385, by
6 Leader Stewart-Cousins. This is the resolution
7 recognizing the Women of Distinction.
8 By agreement of both the Majority
9 and Minority, and consistent with practice, we're
10 going to have only one member from each side
11 speak on this resolution so that we don't spend
12 the entire day here on the floor of the chamber.
13 We of course have the ceremony after session,
14 where we will hear more about the various
15 honorees.
16 So please have that resolution read
17 in its entirety, and recognize Senator Salazar to
18 speak on it.
19 ACTING PRESIDENT MAYER: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 1385, by Senator Stewart-Cousins, congratulating
23 the 2019 New York State Senate Women of
24 Distinction.
25 "WHEREAS, It is the sense of this
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1 Legislative Body to acknowledge and celebrate
2 Women of Distinction who significantly add
3 inspiration and encouragement to the people of
4 this great Empire State; and
5 "WHEREAS, The New York State Senate
6 Women of Distinction program was created in 1998
7 as part of our state celebration of Women's
8 History Month to honor exemplary women from
9 across New York State whose singular professional
10 or personal achievements, commitment to
11 excellence and accomplishments merit special
12 recognition; honorees are selected from
13 nominations submitted from across the state; and
14 "WHEREAS, Women of every economic,
15 ethnic and religious background have made
16 significant contributions that are reflected
17 across all aspects of society; and
18 "WHEREAS, It is the custom of this
19 Legislative Body to pay tribute to individuals of
20 remarkable character who have shown initiative
21 and commitment in constantly pursuing higher
22 goals for themselves, as well as acting as role
23 models to all women in their community; and
24 "WHEREAS, On behalf of the New York
25 State Senate, I take this opportunity to
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1 congratulate La'Shawn Allen-Muhammad, Lorena
2 Borjas, Deputy Kristy Botsford, Carola Otero
3 Bracco, Ischia Bravo, Maude Bruce, Gail
4 Castellano, Heidi Harrison Chain, Monique
5 Chandler-Waterman, Julie Schwietert Collazo,
6 Jennifer O. D'Andrea-Terreri, Airman 1st Class
7 Madison Daquelente, Nicole Dayka, Joan Dean,
8 Bette Dewing, Randi Shubin Dresner, Roxanne
9 Dueppengiesser, Bessie R. Edwards, Peg Ellsworth,
10 Anne Erickson, Barbara Franco, Margaret Graham,
11 Kathleen Graupman, Coralanne Griffith-Hunte,
12 M.Ed., Lisa Ann Hermann, Pauline P. Holbrook,
13 Carol Pingelski Hotaling, the Reverend Dr. Maria
14 L. Hubbard, Irene Elizabeth Hylton, Ph.D.,
15 Sinforosa Tan Kaung, Ph.D., Linda Kemp, Nellie B.
16 King, Linda Lee, Jane McCabe, Emily Monem,
17 Haydee Morales, Michelle Neugebauer, Po-Ling Ng,
18 Bishop LaVerne D. Owens-Larkins, Kelly Parsons,
19 Colleen Pearce, Jo-Ann Raia, the Honorable Mary
20 Lou Rath, Sophia L. Reid, Evelyn Rodriguez, Iris
21 Rodriguez-Rosa, Carmen Rojas, Nicole Sheindlin,
22 Marguerite A. Smith, Esq., Nancy Sutton, Holly
23 Tanner, Stacey Tompkins, Marya Vande-Doyle, Grace
24 VanderWaal, Evelyn Vollgraff, Kathleen Wagner,
25 Tanya Asapansa-Johnson Walker, Loretta Z. Weiss,
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1 Kelly Willcox, Eva D. Williams, Stephanie Wong,
2 and Norma Zimmer, as 2019 New York State Senate
3 Women of Distinction, to be celebrated on
4 Tuesday, May 7, 2019, at the Annual Women of
5 Distinction Awards ceremony in The Well of the
6 Legislative Office Building; and
7 "WHEREAS, Women have become part of
8 New York's lasting heritage by fighting against
9 stereotypes, prejudice, and seemingly
10 insurmountable obstacles; and
11 "WHEREAS, From the women's suffrage
12 movement just over 150 years ago to the present
13 day, women have played and continue to play a
14 crucial role in adding strength, understanding,
15 and inspiration to the diversity and quality of
16 life of the people of the State of New York; and
17 "WHEREAS, New York State has been,
18 and continues to be, the home to many
19 distinguished women who have made their mark in
20 history as pioneers in their field, therefore
21 laying the foundation for women after them to
22 succeed; and
23 "WHEREAS, This Legislative Body
24 recognizes that New York State is the home to
25 countless women who are strong and colorful
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1 threads, vital to the fabric of our rich
2 heritage, who have contributed, and continue to
3 add to the advancement of our culture through
4 their traditional and nontraditional roles in
5 society; now, therefore, be it
6 "RESOLVED, It is the sense of this
7 Legislative Body that those who enhance the
8 well-being and vitality of their community and
9 have shown a long and sustained commitment to
10 excellence certainly have earned the recognition
11 and applause of all the citizens of this great
12 Empire State; and be it further
13 "RESOLVED, That copies of this
14 resolution, suitably engrossed, be transmitted to
15 the aforementioned Women of Distinction."
16 ACTING PRESIDENT MAYER: Senator
17 Salazar on the resolution.
18 SENATOR SALAZAR: Thank you, Madam
19 President.
20 I'm proud to recognize the 2019
21 New York State Senate Women of Distinction
22 honorees and welcome them to Albany.
23 This is an important tradition in
24 the State Senate that honors incredible New York
25 women who have contributed tremendously to our
3376
1 state and who have helped improve the lives of
2 their fellow New Yorkers.
3 These Women of Distinction are
4 trailblazers who have taken on leadership roles
5 in their industries and their communities
6 throughout the 63 State Senate districts that
7 they come from.
8 Today is so important because it
9 offers this legislative body an opportunity to
10 recognize the work of these incredible women.
11 Unfortunately, we are well aware that far too
12 often women's accomplishments are not given the
13 recognition and appreciation they deserve. That
14 is why I must take a moment to recognize our own
15 Woman of Distinction for New York's 18th State
16 Senate District.
17 Michelle Neugebauer grew up in our
18 district, in Bushwick, where she experienced
19 firsthand the struggles that our community has
20 faced. Michelle is the executive director of
21 Cyprus Hills Local Development Corporation.
22 She's worked relentlessly with CHLDC and
23 community residents to build a strong and
24 equitable East New York, through educational
25 programs for youth and adults and fighting to
3377
1 secure and preserve affordable housing in
2 Brooklyn.
3 It's inspiring to be in the company
4 of such a diverse group of women of such high
5 achievement. Thank you to all of our fellow
6 Senators for bringing these heroines and role
7 models to Albany to share their incredible
8 journeys and successes with us.
9 Again, to all of our guests, thank
10 you for all of your hard work. I'm so proud to
11 be here to celebrate your accomplishments and
12 applaud you as the 2019 Women of Distinction.
13 ACTING PRESIDENT MAYER: Thank you,
14 Senator Salazar.
15 Senator Little on the resolution.
16 SENATOR LITTLE: Thank you,
17 Madam President.
18 I'm really proud to rise today and
19 honor our Women of Distinction and to talk about
20 them for a few minutes.
21 Certainly the Senators, female
22 Senators who are here join that class of Women of
23 Distinction. And we have many new members this
24 year, so we honor them as well.
25 But we have one particular guest who
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1 is in the gallery to honor today, and that's a
2 former Senator of ours who served here for many
3 years. Senator Mary Lou Rath, sitting in the
4 front row of the gallery up here, is joining us
5 today because she is Senator Ranzenhofer's Woman
6 of Distinction. And we all know Mary Lou was a
7 woman of distinction throughout her years in the
8 Senate and continues to be that with her life in
9 Buffalo.
10 Today -- you know, much different
11 than when I was growing up -- women have so many
12 different opportunities. And the women that we
13 are honoring today you will see and hear about
14 come from all kinds of professions, different
15 educational backgrounds, they're being honored
16 for volunteer activities, and they come from all
17 walks of life. But these are women who have put
18 themselves out there, who have done things that
19 they didn't need to do, but things that make
20 their families better, their communities better,
21 and our state better.
22 So today we will honor these
23 leaders. They are leaders not only in their
24 profession and in their place of work, but they
25 are leaders in their family. And as we know,
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1 women are the experts in multitasking. I
2 truthfully have to -- I have a new word that I
3 have to say to myself all the time: Focus.
4 Focus on what you're doing. Stop thinking about
5 the next thing you want to be doing.
6 But because they are multitaskers,
7 these women have done many, many things. And I'm
8 really proud to be here and to honor them today,
9 as we all are. And to the many, many women --
10 some of them are here today -- congratulations.
11 We look forward to hearing your story and seeing
12 you this evening at this great ceremony, which is
13 a New York State tradition -- and it's my
14 favorite.
15 So thank you very much,
16 Madam President.
17 ACTING PRESIDENT MAYER: Thank you,
18 Senator Little.
19 The question is on the resolution.
20 All in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MAYER: Opposed?
23 (No response.)
24 ACTING PRESIDENT MAYER: The
25 resolution is adopted.
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1 To our guests, our Women of
2 Distinction, and to former Senator Mary Lou Rath,
3 thank you for joining us all. We extend to you
4 the privileges and courtesies of the house.
5 Please rise and be recognized by our esteemed
6 colleagues.
7 (Extended standing ovation.)
8 ACTING PRESIDENT MAYER: Senator
9 Gianaris.
10 SENATOR GIANARIS: Madam President,
11 I know that Leader Stewart-Cousins would like to
12 open this resolution for cosponsorship.
13 ACTING PRESIDENT MAYER: The
14 resolution is open for cosponsorship. Should you
15 choose not to be a cosponsor of the resolution,
16 please notify the desk.
17 Senator Gianaris.
18 SENATOR GIANARIS: Can we now move
19 to Resolution 1382, by Senator Griffo, read that
20 resolution in its entirety, and recognize Senator
21 Griffo.
22 ACTING PRESIDENT MAYER: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 1382, by Senator Griffo, celebrating the
3381
1 purposeful life and career of Officer Kevin F.
2 Crossley, and commemorating the one-year
3 anniversary of his death.
4 "WHEREAS, It is the sense of this
5 Legislative Body to convey its grateful
6 appreciation and heartfelt regret in recognition
7 of the loss of courageous individuals who
8 dedicated their purposeful lives and careers to
9 serve and protect; and
10 "WHEREAS, This Legislative Body is
11 moved to celebrate the purposeful life and career
12 of Officer Kevin F. Crossley, and to commemorate
13 the one-year anniversary of his death; and
14 "WHEREAS, Officer Kevin F. Crossley
15 truly lived his life with great dignity and
16 genuine grace, always demonstrating a deep and
17 continuing concern for the welfare of others in
18 the great State of New York; and
19 "WHEREAS, Born on March 11, 1984, in
20 Utica, New York, Kevin F. Crossley graduated from
21 Whitesboro Central High School in 2002; he went
22 on to earn a degree in criminal justice from
23 Mohawk Valley Community College in 2004, and
24 completed the Police Academy at Cazenovia
25 College in 2010; and
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1 "WHEREAS, Kevin F. Crossley
2 fulfilled his lifelong dream of service to his
3 community when he became a police officer; he
4 began his illustrious career in law enforcement
5 with the Town of Whitestown Police Department,
6 before joining the Village of Whitesboro Police
7 Department in 2011; and
8 "WHEREAS, With a steadfast and
9 unwavering commitment to his community, Officer
10 Kevin F. Crossley was a member of the Sons of the
11 American Legion and Penn Mountain Snow Riders;
12 and
13 "WHEREAS, Officer Kevin F. Crossley
14 made the ultimate sacrifice on April 11, 2018,
15 while faithfully executing his responsibilities,
16 serving with dedication, loyalty and compassion;
17 and
18 "WHEREAS, The beloved son of George
19 and Linda, and the proud brother of Michael,
20 Officer Kevin F. Crossley exemplified what it
21 truly means to give of himself in providing vital
22 police services in keeping with the noble mission
23 of the Whitesboro Police Department; and
24 "WHEREAS, Officer Kevin F.
25 Crossley's life was a portrait of service, a
3383
1 legacy which will long endure the passing of
2 time, and will remain as a comforting memory to
3 all he served and befriended; and
4 "WHEREAS, Officer Kevin F.
5 Crossley's name is synonymous with character,
6 dignity, intellect, depth and humor, qualities
7 evident to his family and to all those who were
8 fortunate enough to have known him; he will be
9 deeply missed and truly merits the grateful
10 tribute of this legislative Body; now, therefore,
11 be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to celebrate the
14 purposeful life and career of Officer Kevin F.
15 Crossley, to commemorate the one-year anniversary
16 of his death, and to express its deepest
17 condolences to his family; and be it further
18 "RESOLVED, That a copy of this
19 resolution, suitably engrossed, be transmitted to
20 the family of Officer Kevin F. Crossley."
21 ACTING PRESIDENT MAYER: Senator
22 Griffo.
23 SENATOR GRIFFO: Thank you,
24 Madam President.
25 Today is equally an important day.
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1 We celebrate Women of Distinction, but we also
2 come today to commemorate, on Law Enforcement
3 Memorial Day, with ceremonies that took place
4 earlier today, those who have made and paid the
5 ultimate sacrifice.
6 It's a very sad and heartbreaking
7 time for many families and many of us who have
8 lost someone special who have served our great
9 state and our communities. This particular
10 instance today, we have the opportunity to
11 recognize a young life, 34-year-old Kevin
12 Crossley, who was killed on April 11th, lost his
13 life on April 11, 2018.
14 We're honored here today to have
15 with us members of his family -- his parents,
16 George and Linda; his brother Michael and
17 Michael's girlfriend Natalie -- along with the
18 police chief of the Village of Whitesboro,
19 Dominick Hiffa, and Sergeant Jason Buley and
20 other members of the Whitesboro Police
21 Department. I also know the mayor is here -- I
22 think I saw the mayor earlier, and I'm not sure
23 if he's still with us.
24 But this was so important today, and
25 I appreciate that this resolution was presented,
3385
1 because it's significant for us not only to
2 reflect on a life lost -- and it's so difficult
3 for these family members to continually gain the
4 courage necessary to participate in events like
5 this. And they recognize it's important because
6 we are truly paying tribute to his memory. But
7 it also is difficult, as you try to heal these
8 difficult scars as a result of that loss of life,
9 that young loss of life.
10 So we reflect today, but we also
11 have an opportunity to express our respect and
12 our appreciation for a sense of duty and
13 responsibility for this young man who gave and
14 paid the ultimate sacrifice because he cared so
15 much about the community that he lived in and the
16 people that he wanted to serve.
17 And it's also an opportunity to
18 celebrate his life. It's an opportunity for all
19 of us to remember this young vibrant man who
20 really chose this career because he had such a
21 great passion for it, who had great likes, like
22 others. He loved his Harley and he was a great
23 fan of NASCAR. And he just was somebody who had
24 great passion and concern for others, who lived
25 by the great motto that he would give a portion
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1 of himself in order to benefit others in our
2 community that he served.
3 That is the ultimate that anyone can
4 say of anyone, that he's made his community a
5 better place, that he's made the lives he's
6 touched better because of his presence. So as
7 difficult as today is to the Crossley family and
8 the members of the department that are here
9 today, we appreciate you being here, because it's
10 so important to celebrate Kevin, who he was, what
11 he represented.
12 As difficult and challenging as this
13 is -- because it is heartbreaking, and no words
14 can adequately express or convey what we would
15 like to express and what you would feel -- but
16 know that we do care, we do respect him, and we
17 do appreciate his service. And today this
18 resolution is one way to demonstrate that, as
19 well as a bill that will be before the house
20 where we will be naming a portion of a highway in
21 the Mohawk Valley in his name and honor.
22 So Madam President, I thank you for
23 the opportunity.
24 And God bless you.
25 ACTING PRESIDENT MAYER: Thank you.
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1 The question is on the resolution.
2 All in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT MAYER: Opposed?
5 (No response.)
6 ACTING PRESIDENT MAYER: The
7 resolution is adopted.
8 To our guests, the family and
9 colleagues of Officer Crossley, we welcome you on
10 behalf of the Senate, extend to you our
11 condolences, but also the privileges and
12 courtesies of this house.
13 Please rise and be honored by our
14 colleagues.
15 (Standing ovation.)
16 ACTING PRESIDENT MAYER: Senator
17 Gianaris.
18 SENATOR GIANARIS: Madam President,
19 at the request of Senator Griffo, this resolution
20 is open for cosponsorship.
21 And I'd also ask, because we do have
22 several resolutions to come, that I believe all
23 of them are open for cosponsorship at the
24 sponsor's request.
25 ACTING PRESIDENT MAYER: This
3388
1 resolution and all of the other resolutions we
2 are considering today are open for cosponsorship.
3 Should you choose not to be a cosponsor of the
4 resolutions, please notify the desk.
5 Senator Gianaris.
6 SENATOR GIANARIS: Can we now take
7 up Resolution 1126, by Senator Metzger, read that
8 resolution in its entirety, and recognize
9 Senator Metzger.
10 ACTING PRESIDENT MAYER: The
11 Secretary will read.
12 THE SECRETARY: Senate Resolution
13 1126, by Senator Metzger, commemorating the
14 50th Anniversary of the launching of the
15 Hudson River Sloop Clearwater, and celebrating
16 the 100th Anniversary of the birth of
17 Pete Seeger, cofounder of the Hudson River Sloop
18 Restoration in 1966.
19 "WHEREAS, It is the custom of this
20 Legislative Body to commemorate those events of
21 historical significance which add strength,
22 vigor, and inspiration to the cultural diversity
23 and quality of life in the communities of the
24 State of New York; and
25 "WHEREAS, Attendant to such concern,
3389
1 and in full accord with its longstanding
2 traditions, this Legislative Body is justly proud
3 to commemorate the 50th anniversary of the
4 launching of the Hudson River Sloop Clearwater,
5 and to celebrate the 100th anniversary of the
6 birth of Pete Seeger, cofounder of the Hudson
7 River Sloop Restoration in 1966; and
8 "WHEREAS, Many events have been
9 planned for this year to celebrate these two
10 milestones, some of which include Pete's
11 100th Singalong Concert at the Unitarian
12 Universalist Society of Schenectady on
13 April 26th; Public Sail from Poughkeepsie at
14 Waryas Park Fixed Pier on April 27th; Power of
15 Song-Pete Seeger's 100th Birthday Party! at the
16 Jacob Burns Film Center in Pleasantville on
17 May 1st; Happy Hundredth Birthday, Pete! at the
18 Rosenberg Fund for Children in Easthampton,
19 Massachusetts on May 3rd; Pete Seeger Centennial
20 Open Mike at the Towne Crier Cafe in Beacon on
21 May 3rd; Riverkeeper Sweep-Beacon: Riverfront
22 Park Cleanup at the Beacon Riverfront Park on
23 May 4th; Pete Seeger Centennial Art Exhibit at
24 the Howland Cultural Center in Beacon on May 4th;
25 Pete Seeger Centennial Celebration at People's
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1 Voice Cafe in New York City at the Community
2 Church of New York on May 4th; Musical Tribute to
3 Pete Seeger at the Franklin Street Park in
4 South Nyack on May 5th; and Turn, Turn, Turn! A
5 Celebration of Pete Seeger's 100th Birthday at
6 the Bardavon Theater in Poughkeepsie on May 5th;
7 and
8 "WHEREAS, The 100th anniversary of
9 the birth of Beacon resident, world-renowned folk
10 singer/songwriter and environmental activist
11 Pete Seeger falls on May 3, 2019; and
12 "WHEREAS, Pete and Toshi Seeger
13 cofounded the Hudson River Sloop Restoration in
14 1966, which built the Hudson River Sloop
15 Clearwater that was launched on May 17, 1969,
16 with a mission to preserve and protect the Hudson
17 River, its tributaries and related bodies of
18 water; and
19 "WHEREAS, Pete Seeger and Hudson
20 River Sloop Clearwater helped turn the tide in
21 favor of enacting the 1972 Clean Water Act by
22 sailing the Clearwater to Washington, D.C., in
23 April of 1970, and organizing an historic
24 Capitol Hill forum on the need for federal clean
25 water protections; and
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1 "WHEREAS, From 1969 to 1974,
2 Clearwater engaged in landmark work on the Clean
3 Water Act, to protect American waterways from
4 polluting discharges; and
5 "WHEREAS, The Hudson River Sloop
6 Clearwater has provided innovative environmental
7 education programs beginning in 1970 with its
8 on-board education program 'Classroom of the
9 Waves'; each year, thousands of schoolchildren
10 participate in learning about local history,
11 navigation, ecology, natural history and citizen
12 action, which has been supplemented since 1980 by
13 on-land education programs; and
14 "WHEREAS, In 1993, the landmark
15 document 'Hudson River Angler Survey: A report
16 on the adherence to fish consumption health
17 advisories among Hudson River anglers,'
18 investigated and authored by Bridget Barclay,
19 Clearwater's environmental action director,
20 became an important turning point in the
21 Hudson River PCB Superfund site case by showing
22 the nexus between PCB contamination of
23 Hudson River water and sediment and human health
24 by actively demonstrating that humans were
25 unaware of and/or ignoring health advisories and
3392
1 consuming PCB-containing fish; and
2 "WHEREAS, In 1998, the Hudson was
3 named an 'American Heritage River' by President
4 Bill Clinton, and in 2002, Pete Seeger was named
5 a 'Clean Water Hero' by the Clean Water Network
6 for his prominent efforts in the passage of the
7 Clean Water Act; and
8 "WHEREAS, In 2004, Clearwater was
9 added to the National Historic Register for its
10 historical role in 'articulating, publicizing,
11 and defining the American environmental movement,
12 as well as for directly fighting in some of the
13 nation's most important environmental conflicts';
14 and
15 "WHEREAS, In 2010, as part of
16 Clearwater's Green Cities program, Clearwater
17 undertook a groundbreaking Community-Based
18 Environmental Justice Inventory for the City of
19 Peekskill, identifying major sources of
20 pollution, disparate impacts on vulnerable
21 populations, and offering a range of suggested
22 solutions; and
23 "WHEREAS, Two years later,
24 Clearwater began a Climate Justice initiative in
25 four Hudson Valley cities to assess potential
3393
1 environmental, economic, public health, and
2 safety impacts of climate change on communities
3 of color and low income in Kingston,
4 Poughkeepsie, Beacon, and Peekskill, each of
5 which have waterfronts vulnerable to sea-level
6 rise along their shorelines; and
7 "WHEREAS, Clearwater has created and
8 fostered environmental programs and musical
9 celebrations, including the renowned annual
10 Clearwater Festival, to inspire, educate, and
11 expand people's experience, awareness and
12 stewardship of this magnificent natural resource;
13 and
14 "WHEREAS, The Hudson River Sloop
15 Clearwater was designed to and continues to keep
16 alive an important era of New York State history,
17 reminding us of the days when commerce,
18 recreation and travel centered along the
19 waterfront; and
20 "WHEREAS, Pete Seeger's legacy lives
21 on through education programs, advocacy work and
22 special events like the Great Hudson River
23 Revival, and the Hudson River Sloop Clearwater is
24 celebrating its 50th anniversary as one of
25 New York State's most effective, visible and
3394
1 beautiful sailing vessels; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to commemorate
4 the 50th anniversary of the launching of the
5 Hudson River Sloop Clearwater, and to celebrate
6 the 100th anniversary of the birth of Pete
7 Seeger; and be it further
8 "RESOLVED, That this Legislative
9 Body pauses further to applaud and commend the
10 contributions of Clearwater in its untiring work
11 to preserve the Hudson River and its watershed
12 for future generations; and be it further
13 "RESOLVED, That a copy of this
14 resolution, suitably engrossed, be transmitted to
15 the Hudson River Sloop Clearwater, Inc., Beacon,
16 New York."
17 ACTING PRESIDENT MAYER: Senator
18 Metzger on the resolution.
19 SENATOR METZGER: Thank you,
20 Madam President.
21 It is an incredible honor to
22 introduce this resolution to commemorate the
23 50th anniversary of the launching of the
24 Hudson River Sloop Clearwater and to celebrate
25 the 100th anniversary of the birth of
3395
1 Pete Seeger, a man who fought for the rights and
2 well-being of working people -- of all people.
3 He's a hero of the labor movement, a hero of the
4 environmental movement, and a hero of mine.
5 We all grew up on his music. His
6 songs were as popular in summer camps and
7 elementary school chorus classes as they were at
8 political rallies and marches. Pete was born in
9 New York, and we in the Hudson Valley felt very
10 fortunate when Pete and his wife Toshi decided to
11 settle in our beautiful valley.
12 The Hudson River Sloop Clearwater is
13 part of Pete's important legacy. I am so pleased
14 to welcome to this chamber Steve Smith, the
15 chairman of the board of Hudson River Sloop
16 Clearwater, and Manna Jo Greene, Clearwater
17 environmental director as well as a dear old
18 friend.
19 The resolution that was just read
20 really gives the entire history, so I won't
21 repeat it. But I just want to say that the work
22 that Clearwater has done over the decades to
23 protect the Hudson River -- which is an
24 incredible treasure to us all -- and the
25 environment, and to fight for environmental
3396
1 justice has been so important and so personally
2 formative for me and for our entire region and
3 really the State of New York.
4 And I'm very proud to recognize
5 Pete Seeger and his legacy. Thank you very much.
6 And I'd ask that you,
7 Madam President, extend the privileges and
8 courtesies of the house to our guests.
9 Thank you.
10 ACTING PRESIDENT MAYER: The
11 question is on the resolution. All in favor
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MAYER: Opposed?
15 (No response.)
16 ACTING PRESIDENT MAYER: The
17 resolution is adopted.
18 To our guests, I welcome you on
19 behalf of the Senate. We extend to you the
20 privileges and courtesies of the house. Please
21 rise and be recognized.
22 (Standing ovation.)
23 ACTING PRESIDENT MAYER: Senator
24 Gianaris.
25 SENATOR GIANARIS: Can we now
3397
1 please take up Resolution 1115, also by
2 Senator Metzger, read its title only, and
3 recognize Senator Metzger again.
4 ACTING PRESIDENT MAYER: The
5 Secretary shall read.
6 THE SECRETARY: Senate Resolution
7 1115, by Senator Metzger, commemorating the
8 20th Annual World Falun Dafa Day celebration, to
9 be observed May 13, 2019.
10 ACTING PRESIDENT MAYER: Senator
11 Metzger on the resolution.
12 SENATOR METZGER: Thank you,
13 Madam President.
14 I'm pleased to continue the
15 tradition of my predecessor, Senator Bonacic, and
16 sponsor a resolution recognizing May 13th as the
17 20th Annual World Falun Dafa Day.
18 I want to welcome Helena Cheng,
19 Yu Chen, and two of my constituents, Angela Lee,
20 of Port Jervis, and James H. Smith, of
21 Middletown, to this chamber.
22 Falun Dafa, also known as Falun
23 Gong, is a self-improvement technique practiced
24 by millions of people around the world.
25 Practitioners undertake the search for
3398
1 truthfulness, compassion and tolerance, something
2 we all need, through meditation and a series of
3 four physical exercises.
4 Practitioners of Falun Gong have
5 said that they experience improvements to mind
6 and body, health and happiness, and an increase
7 in inner peace.
8 Introduced in 1992 to the general
9 public by Mr. Li Hongzhi, also known as Master
10 Li, today Falun Dafa is practiced in more than
11 70 countries and in 41 languages. Falun Gong has
12 spread through workshops and trainings offered
13 free to participants.
14 New York opened its doors to the
15 Falun Dafa community in 1996, offering an
16 opportunity to introduce the practice to people.
17 In 2017, more than 10,000
18 practitioners from 57 countries gathered at
19 celebrations around New York for Falun Dafa Day
20 events, including parades, dancing and music.
21 There is a large community of practitioners in my
22 district in Middletown and Port Jervis, where
23 they've created a film studio, which I visited
24 last week, a high school, and a college for arts
25 where they educate young artists. The art school
3399
1 is also home to five Shen Yun dance troops, who
2 travel the globe performing elaborate and
3 acrobatic choreography. The school's mission is
4 to provide an exceptionally positive, encouraging
5 and wholesome environment for learning and
6 self-improvement.
7 Central to all of this are the
8 tenets of Falun Dafa: Truth, compassion, and
9 tolerance.
10 They have also put on several public
11 festivals in my district, including the Moon
12 Festival and the upcoming Family Festival, as a
13 way to share their culture and traditions with
14 the surrounding community.
15 On this World Falun Dafa Day, we
16 recognize the practitioners of Falun Gong and the
17 positive and peaceful attributes they encourage.
18 Thank you very much, Madam
19 President. I ask that you extend to our guests
20 the courtesies and privileges of the house.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Metzger.
23 Senator Stavisky on the resolution.
24 SENATOR STAVISKY: Thank you.
25 And thank you, Senator Metzger, for
3400
1 sponsoring this resolution recognizing an
2 important segment of the Asian-American
3 community.
4 As you know, I represent a large
5 number of Asian-Americans in Queens County, and
6 we recognize the contributions that everybody has
7 made to make our state a better place, and we
8 thank everybody for their contributions.
9 Thank you.
10 ACTING PRESIDENT MAYER: Thank you.
11 The question is on the resolution.
12 All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MAYER: Opposed?
15 (No response.)
16 ACTING PRESIDENT MAYER: The
17 resolution is adopted.
18 To our guests, I welcome you on
19 behalf of the Senate. We extend to you the
20 privileges and courtesies of the house. Please
21 rise and be recognized.
22 (Standing ovation.)
23 ACTING PRESIDENT MAYER: Senator
24 Gianaris.
25 SENATOR GIANARIS: Thank you,
3401
1 Madam President.
2 Can we now move to on Resolution
3 1368, by Senator Little, read its title only, and
4 recognize Senator Little.
5 ACTING PRESIDENT MAYER: The
6 Secretary shall read.
7 THE SECRETARY: Senate Resolution
8 1368, by Senator Little, memorializing Governor
9 Andrew M. Cuomo to proclaim May 5th through 12th,
10 2019, as Fibromyalgia Awareness Week in the State
11 of New York.
12 ACTING PRESIDENT MAYER: Senator
13 Little on the resolution.
14 SENATOR LITTLE: Thank you,
15 Madam President.
16 For a number of years I have
17 supported this resolution on fibromyalgia. And
18 it is very important. There are over 10 million
19 people in the United States that have been
20 diagnosed with fibromyalgia. Even though the
21 majority are women, it still affects children and
22 men. And this year a focus is on pediatric
23 fibromyalgia, which is pretty sad.
24 The average time to actually be
25 diagnosed with fibromyalgia takes about five
3402
1 years. And in that five-year period there is a
2 lot of distress, pain, questioning and just
3 really being unsettled, not knowing what you have
4 and how you're going to be able to get it taken
5 care of.
6 Treating it is a team approach,
7 including traditional and complementary
8 therapies. So far some of the therapies are not
9 covered by insurance, which is difficult for
10 patients. And so far they have not been allowed
11 to have medical marijuana, which is not covered
12 by insurance either, but it's something they
13 would like to see happen at some point.
14 The Fibromyalgia Task Force is
15 focusing on three things this year. They are
16 continuing to pass out their report, which they
17 have done. So far they've distributed 6500
18 copies of that report around the state and
19 country. And they are creating continuing
20 education materials for physicians as well as
21 working to create an Integrative Center for
22 Fibromyalgia and Chronic Pain.
23 We're joined today by folks from the
24 Fibromyalgia Task Force of the International
25 Institute for Human Empowerment. Once again
3403
1 joining us is Dr. Sue Shipe, who is founder and
2 chair, and a fibromyalgia patient, and her
3 husband, Brian Hart. Also Dr. Phil Albrecht, a
4 medical researcher in pain and fibromyalgia at
5 Intidyn, is here with us, and Ms. Lisa Houck, who
6 is a disability person helping people who have
7 this disease.
8 I'm also happy to say that a lot of
9 this takes place right here in the Capital
10 District at Albany Medical.
11 So I would ask you, Madam President,
12 if you would give them the courtesies of the
13 house and welcome them today. And, you know,
14 hopefully we all think about and know a little
15 bit more about fibromyalgia.
16 Thank you.
17 ACTING PRESIDENT MAYER: Thank you,
18 Senator Little.
19 The question is on the resolution.
20 All in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MAYER: Opposed?
23 (No response.)
24 ACTING PRESIDENT MAYER: The
25 resolution is adopted.
3404
1 To our guests, we welcome you on
2 behalf of the Senate. We extend to you the
3 privileges and courtesies of the house. Please
4 rise and be recognized.
5 (Standing ovation.)
6 ACTING PRESIDENT MAYER: Senator
7 Gianaris.
8 SENATOR GIANARIS: Madam President,
9 please take up Resolution 794, by Senator Serino,
10 read its title only, and recognize Senator
11 Serino.
12 ACTING PRESIDENT MAYER: The
13 Secretary will read.
14 THE SECRETARY: Senate Resolution
15 794, by Senator Serino, memorializing Governor
16 Andrew M. Cuomo to proclaim May 2019 as Lyme
17 Disease Awareness Month in the State of New York.
18 ACTING PRESIDENT MAYER: Senator
19 Serino on the resolution.
20 SENATOR SERINO: Thank you,
21 Madam President.
22 May is Lyme Disease Awareness Month,
23 and I would just like to take a moment to
24 recognize a couple that I call true champions in
25 the fight on Lyme: Jill and Ira Auerbach. Many
3405
1 of you might recognize them, because they've been
2 traveling the state to spread the message, talk
3 about education as the key to prevention. And
4 they've been so helpful with helping with
5 legislation. So thank you from the bottom of my
6 heart. Thank you.
7 Since taking office, I have been
8 honored to have the opportunity to stand and
9 raise awareness for a problem that has been
10 plaguing our state for far too long. New York
11 has been considered the epicenter for the Lyme
12 and tick-borne disease epidemic that is sweeping
13 the Northeast. Over 400,000 new cases of Lyme
14 disease are diagnosed each year, and 25 percent
15 of those cases are reported right here in
16 New York State.
17 It's important to note that the
18 statistic is based on reported cases of Lyme.
19 And even our state's health commissioner has
20 testified to the fact that we know countless
21 cases actually go unreported.
22 Last year I noted when I rose that I
23 was doing so with a greater sense of urgency,
24 given a report that had just been released by the
25 CDC which found that the rates of illness caused
3406
1 by ticks, fleas and mosquitoes has tripled since
2 the early 2000s. That's a scary thought. That
3 report went on to note that the U.S. is wholly
4 unprepared to contain the spread.
5 At the time, we were optimistic that
6 New York was moving in the right direction,
7 directing critical resources and unprecedented
8 funding toward this issue and passing legislation
9 to protect New Yorkers and raise critical
10 awareness.
11 Today, if it's possible, I rise with
12 an even greater sense of urgency. New York faces
13 a critical tipping point, and inaction at the
14 state level threatens to take us backwards at a
15 time when the risk is clearly on the rise. And I
16 and thousands of New Yorkers who suffer from Lyme
17 and tick-borne diseases were very disappointed
18 that the money that we fought for the past few
19 years that was put in the budget was eliminated
20 this year.
21 I urge my colleagues to take up this
22 fight. You know, there's been a lot of talk
23 right now that there's state funding still
24 available. So today my colleagues and I sent a
25 letter to the Governor urging him to make Lyme
3407
1 disease a priority should funding become
2 available, and I hope my colleagues sign on.
3 What was long considered a downstate
4 problem is now a major statewide issue. And
5 every one of us in this chamber has a duty to our
6 constituents to ensure that it remains a top
7 priority. There are many issues we come across
8 that transcend politics, and combating Lyme and
9 tick-borne diseases is absolutely one of them.
10 Today, in honor of Lyme Disease
11 Awareness Month, I'm urging my colleagues on both
12 sides of the aisle to hear the voices of our
13 constituents who are suffering and to ensure that
14 tackling ticks remains a priority, not only
15 during the month of May but every day.
16 Thank you.
17 ACTING PRESIDENT MAYER: Thank you.
18 Senator Helming on the resolution.
19 SENATOR HELMING: Thank you, Madam
20 President.
21 And I just want to comment that it's
22 so good to see a woman serving as President
23 Pro Tem today on the day that we recognize women.
24 Welcome.
25 I reside today to commemorate Lyme
3408
1 Disease Awareness Month. I want to thank the
2 sponsor of this resolution, Senator Sue Serino,
3 who has truly been the legislative leader on this
4 issue for a number of years now.
5 New York State continues to be a
6 hotbed for Lyme and tick-borne diseases. The CDC
7 reports our state has the third-highest number of
8 confirmed diseases. In 2017, New York State had
9 more than 8,700 cases reported.
10 In 2018, the Senate passed a budget
11 that provided historic funding to address this
12 public health threat. This funding continues to
13 be leveraged today to support research, increase
14 public awareness through our local public health
15 departments, and increase tick collection sites
16 through the State Department of Health. In the
17 past we've also enacted measures aimed at
18 preventing and treating these illnesses.
19 Sadly, the budget that we passed
20 this year in 2019 includes no new funding to
21 continue this important work.
22 At the local level I've had the
23 opportunity to host roundtables on this issue and
24 to attend support group meetings. The stories I
25 hear I find, as a human being, are just
3409
1 heartbreaking and tragic. As a state legislator,
2 these stories I find to be just so incredibly
3 frustrating.
4 I want to talk for a moment about
5 Liv Keller, a recent high school graduate. Two
6 years ago I recognized her as a New York State
7 Senate Youth Leader. At that time she was an
8 outstanding student athlete, someone who was
9 committed to helping her community in a number of
10 ways. Liv was on her way to college, and she had
11 plans to go on to medical school. That was all
12 put on hold when suddenly she became deathly ill
13 with Lyme disease.
14 Liv has suffered horribly for an
15 extended time. And if it wasn't for the tenacity
16 of her mother and her constant digging and
17 pushing for answers, I'm not sure what Liv's
18 status would be today.
19 Liv shared with me something that
20 I'd like to share with this body today. She
21 says: "Nobody asks for illness. Nobody wants to
22 spend their lives trying to seek validation,
23 answers and proper treatment from the medical
24 community for unexplained illness." When
25 symptoms as bizarre as Lyme disease and other
3410
1 tick-borne illness cannot be explained because a
2 test fails to accurately paint a picture of what
3 is going on in the human body, medicine fails us.
4 Due to the strongly intertwined
5 relationship that exists between medicine, Big
6 Pharma and politics, creating a wave of change of
7 any kind can seem daunting and impossible. But
8 Lyme disease is real and can affect anyone,
9 regardless of race, gender, religion or social
10 status. This is an issue bigger than all of us.
11 It will continue to plague our society if more
12 funding for prevention, treatment and coverage,
13 and education isn't found.
14 So to my colleagues here today, I
15 offer this. Lyme and tick-borne diseases are
16 impacting thousands of New Yorkers. We must make
17 it a priority to work together to pass
18 legislation and to provide funding to guide the
19 development of strategies to address this
20 ever-increasing risk.
21 I respectfully urge members of this
22 body, especially those in the Majority, to
23 restore funding and to show those suffering from
24 Lyme and tick-borne diseases, people like Liv,
25 that we care about putting an end to this
3411
1 horrible illness and that we won't allow politics
2 to stand in the way.
3 Thank you, Madam President.
4 ACTING PRESIDENT MAYER: Thank you.
5 Senator Metzger on the resolution.
6 SENATOR METZGER: Thank you,
7 Madam President.
8 I would like to commemorate Lyme
9 Disease Awareness Month, as someone who has had
10 Lyme disease five times. And I consider myself
11 lucky because I got -- in four of the five cases,
12 got that telltale bull's-eye early and was able
13 to catch it before I got too sick. The one time
14 I didn't get it, I ended up in the emergency
15 room. I know in the Hudson Valley, and now as
16 our previous speakers have said, it's everywhere.
17 It used -- but it's a fact of life in rural
18 communities. And it is a public health crisis
19 that we have to address at every level -- state
20 regional, local.
21 As chair of the Agriculture
22 Committee, I am acutely aware of how this disease
23 is affecting farmers and farmworkers, who are
24 particularly vulnerable to it. So I know my
25 colleagues share my concern for this issue, and
3412
1 we will be working together on legislation and
2 also to identify the resources to put to this
3 public health crisis.
4 Thank you very much.
5 ACTING PRESIDENT MAYER: Thank you.
6 The question is on the resolution.
7 All in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT MAYER: Opposed?
10 (No response.)
11 ACTING PRESIDENT MAYER: The
12 resolution is adopted.
13 To our guests -- I believe there are
14 guests here. Good. I welcome you on behalf of
15 the Senate. We extend to you the privileges and
16 courtesies of the house. Please rise and be
17 recognized.
18 (Standing ovation.)
19 ACTING PRESIDENT MAYER: Senator
20 Gianaris.
21 SENATOR GIANARIS: Madam President,
22 can we now take up the reading of the calendar.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number 57,
3413
1 Senate Print 221A, by Senator Benjamin, an act to
2 amend the Judiciary Law.
3 SENATOR GRIFFO: Lay it aside.
4 ACTING PRESIDENT MAYER: Lay it
5 aside.
6 There's a substitution at the desk.
7 The Secretary will read.
8 THE SECRETARY: On page 17, Senator
9 Griffo moves to discharge, from the Committee on
10 Transportation, Assembly Bill Number 5701B and
11 substitute it for the identical Senate Bill
12 3220B, Third Reading Calendar 234.
13 ACTING PRESIDENT MAYER:
14 Substitution so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 234, Assembly Print 5701B, by Assemblymember
18 Buttenschon, an act to amend the Highway Law.
19 ACTING PRESIDENT MAYER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 30th day after it
23 shall have become a law.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3414
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 242, Senate Print 3550, by Senator Carlucci, an
9 act in relation to the examination of an
10 incarcerated individual's reentry planning.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 305, Senate Print 3337B, by Senator Gaughran, an
25 act to amend the Civil Practice Law and Rules.
3415
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Senator
9 Gaughran to explain his vote.
10 SENATOR GAUGHRAN: Thank you,
11 Madam President.
12 Over the next few years this state
13 will be paying billions of dollars to assist
14 public local water entities and municipalities
15 all over this state to deal with pollution in the
16 water supply -- pollutants that are already there
17 and recognized by the State of New York as
18 contaminated, others that are emerging that the
19 state will soon impose new regulations on.
20 This bill is very simple. It pushes
21 the burden, as much as it can, onto the polluters
22 and away from the taxpayers. It has been
23 estimated that just to meet the new emerging
24 contaminants with these new regulations, and just
25 on Long Island, public water entities are going
3416
1 to have to pay over $840 million to deal with
2 this burden.
3 So I thank the leadership for
4 allowing this bill to move forward and my
5 colleagues for supporting it, because this is
6 really vital to protect the taxpayers of this
7 entire state. And I vote in the affirmative.
8 ACTING PRESIDENT MAYER: Senator
9 Gaughran in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 316, Senate Print 4308A, by Senator Gounardes, an
16 act to amend the Retirement and Social Security
17 Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
3417
1 the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 412, Senate Print 4685A, by Senator Skoufis, an
7 act to amend the Public Officers Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 412, those Senators voting in the
20 negative are Senators Akshar, Amedore, Antonacci,
21 Flanagan, Gallivan, Griffo, Helming, Jacobs,
22 Jordan, Lanza, O'Mara, Ortt, Ranzenhofer,
23 Ritchie, Serino, Seward and Tedisco.
24 Ayes, 44. Nays, 17.
25 ACTING PRESIDENT MAYER: The bill
3418
1 is passed.
2 THE SECRETARY: Calendar Number
3 440, Senate Print 4641, by Senator Persaud, an
4 act to amend the Social Services Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 440, those Senators voting in the
17 negative are Senators Akshar, Antonacci, Griffo,
18 Jacobs, Jordan, LaValle, O'Mara, Ortt,
19 Ranzenhofer, Serino and Tedisco.
20 Ayes, 50. Nays, 11.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 460, Senate Print 494, by Senator Rivera, an act
25 to amend the Insurance Law.
3419
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Senator
9 Rivera to explain his vote.
10 SENATOR RIVERA: Thank you,
11 Madam President.
12 I want to thank both Senator
13 Sepúlveda for putting this on the agenda, as well
14 as my leader for moving it to the floor.
15 Now, this is an expansion of a
16 charitable bail organization bill that I passed
17 all the way back in 2012. I'm very proud of this
18 piece of legislation. It made possible the
19 existence of charitable bail organizations like
20 the Bronx Freedom Fund that exists in the Bronx
21 and was actually the first one that existed in
22 the state.
23 It allows for organizations,
24 nonprofit organizations to post bail on behalf of
25 indigent individuals. Now, we have done much as
3420
1 it relates to bail this year, but this would
2 actually expand the charitable bail bill to make
3 sure that for those individuals that are not
4 covered by some of the changes that we achieved
5 during the budget, they actually get to be
6 considered.
7 Now again, just to talk just for a
8 second about what the Bronx Freedom Fund has been
9 able to achieve. In the three years it has been
10 in effect, the bill, 96 percent of the Bronx
11 Freedom Fund's clients have returned for every
12 single court date. And remember, again, what
13 bail is. It's not supposed to be punishment, it
14 is supposed to be a way to make sure that you
15 come back to court.
16 So 96 percent of the people that the
17 Bronx Freedom Fund have posted on behalf of have
18 had their day in court and have been able to go
19 back home so they do not lose access to jobs or
20 housing or custody of their children. And 55
21 percent of those for whom the Bronx Freedom Fund
22 has posted bail have actually had their cases
23 dismissed of all charges.
24 So this works. I am glad that we're
25 able to expand it today, Madam President, and I
3421
1 will be voting in the affirmative.
2 Thank you.
3 ACTING PRESIDENT MAYER: Senator
4 Rivera to be recorded in the affirmative.
5 Senator Sepúlveda to explain his
6 vote.
7 SENATOR SEPÚLVEDA: Thank you,
8 Madam President, for allowing me to explain my
9 vote.
10 First I want to thank Senator
11 Rivera, Majority Leader Stewart-Cousins, and my
12 colleagues. I am so proud to be a cosponsor of
13 this bill.
14 The bill will amend the Insurance
15 Law to enable charitable bail organizations to
16 provide more effective assistance to indigent
17 persons. It would reduce the certification fee
18 required for nonprofit organizations from $1,000
19 to $500, to raise the monetary amount that such
20 organizations may provide in bail assistance, and
21 remove the geographic restrictions that an
22 organization may only bail in one county.
23 The system is already unfair, the
24 cash bail system is already unfair to poor
25 defendants. Bail greatly influences case
3422
1 outcomes, especially for poor people. People who
2 are released pretrial are more likely to be
3 acquitted than those who are not. They are less
4 likely to take plea deals as a way to get out of
5 jail.
6 Millions of Americans are
7 incarcerated while awaiting trial, sometimes for
8 very lengthy, unjustified periods, including
9 45,000 people in New York City alone. They are
10 in jail simply because they don't have the funds
11 to post bail.
12 Charitable organizations can help
13 assist with cash bail and help keep people out of
14 jail. Your stay in prison should not be
15 dependent on the amount of money that you have,
16 or your parents, or the zip code that you come
17 from.
18 As a result of pretrial
19 incarceration, individuals may lose their
20 employment and housing, and this bill seeks to
21 alleviate those possible consequences by enabling
22 more nonprofit organizations to establish bail
23 funds in the state and to provide assistance to
24 individuals in need.
25 I vote affirmatively. Thank you.
3423
1 ACTING PRESIDENT MAYER: Senator
2 Sepúlveda will be recorded in the affirmative.
3 Senator Bailey to explain his vote.
4 SENATOR BAILEY: Thank you,
5 Madam President.
6 I would echo the same sentiments of
7 Senator Sepúlveda.
8 And Senator Rivera, thank you for
9 not only introducing this bill but being a
10 champion of it here and also back in our home
11 borough of the Bronx. We appreciate the work
12 that you've been doing.
13 To Leader Stewart-Cousins, thank you
14 for allowing this to get to the floor.
15 The statistics that were shared by
16 Senator Sepúlveda, I will not belabor the point,
17 but I will simply state that this is another
18 great step that we need to take in our state.
19 Wealth-based detention is abhorrent, and people
20 should not be in jail based upon their inability
21 to pay to get out of jail. This simply allows
22 more organizations to be able to do more for more
23 people.
24 And if we are in the business of
25 helping people, we should be supporting pieces of
3424
1 legislation just like this.
2 I vote in the affirmative,
3 Madam President. Thank you.
4 ACTING PRESIDENT MAYER: Senator
5 Bailey will be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 460, those Senators voting in the
9 negative are Senators Akshar, Amedore, Antonacci,
10 Flanagan, Gallivan, Griffo, Helming, Jacobs,
11 Jordan, Lanza, LaValle, Little, Martinez, O'Mara,
12 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
13 Seward and Tedisco.
14 Ayes, 40. Nays, 21.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 473, Senate Print 4756, by Senator Brooks, an act
19 to amend the Executive Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day after it
24 shall have become a law.
25 ACTING PRESIDENT MAYER: Call the
3425
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 477, Senate Print 3842B, by Senator Stavisky, an
10 act to amend the Business Corporation Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 13. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 477, those Senators voting in the
22 negative are Senators Antonacci and Lanza.
23 Ayes, 59. Nays, 2.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
3426
1 THE SECRETARY: Calendar Number
2 484, Senate Print 3986, by Senator Stavisky, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT MAYER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 522, Senate Print 3841, by Senator Gounardes, an
18 act to amend the Retirement and Social Security
19 Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
3427
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 522, Senator Lanza voting in the
6 negative.
7 Ayes, 60. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 523, Assembly Print 5386, substituted earlier by
12 Assemblymember Abbate, an act to amend the
13 Civil Service Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
3428
1 THE SECRETARY: Calendar Number
2 527, Senate Print 2861, by Senator Parker, an act
3 to amend the Public Service Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 527, those Senators voting in the
16 negative are Senators Akshar, Antonacci,
17 Gallivan, Helming, Jacobs, Jordan, O'Mara, Ortt,
18 Ranzenhofer, Serino and Seward.
19 Ayes, 50. Nays, 11.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of today's calendar.
24 SENATOR GIANARIS: Can we please
25 take up the reading of the controversial
3429
1 calendar.
2 ACTING PRESIDENT MAYER: The
3 Secretary will ring the bell.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number 57,
6 Senate Print 221A, by Senator Benjamin, an act to
7 amend the Judiciary Law.
8 ACTING PRESIDENT MAYER: Senator
9 Griffo, why do you rise?
10 SENATOR GRIFFO: Madam President, I
11 believe there is an amendment before the desk. I
12 would waive the reading of that amendment and ask
13 that Senator Akshar be heard on that.
14 ACTING PRESIDENT MAYER: Thank you,
15 Senator Griffo.
16 Upon review of the amendment, in
17 accordance with Rule 6, Section 4B, I rule it
18 nongermane and out of order at this time.
19 SENATOR GRIFFO: Accordingly,
20 Madam President, I would appeal that ruling and
21 ask that you recognize Senator Akshar to be heard
22 on the appeal.
23 ACTING PRESIDENT MAYER: The appeal
24 has been made and recognized, and Senator Akshar
25 may be heard.
3430
1 SENATOR AKSHAR: Madam President,
2 thank you very much. At the end of the day, I
3 know we'll probably disagree, but nonetheless I
4 appreciate your indulgence.
5 I believe that this amendment is in
6 fact germane to the bill-in-chief because this
7 amendment, along with the bill-in-chief, deals
8 directly with the court system.
9 By classifying all offenses against
10 law enforcement officers, firefighters,
11 correction officers, and EMT personnel as hate
12 crimes when specifically targeted, the amendment
13 would provide enhanced protections at a time when
14 we have seen an increase in violence against
15 these individuals simply because of the uniform
16 that they're wearing.
17 The current law correctly provides
18 additional penalties for individuals who target
19 another solely based on their race, their color,
20 their national original, their ancestry, their
21 gender, their religion, age, disability and
22 sexual orientation.
23 I believe that these additional
24 penalties should be applied to law enforcement
25 members, firefighters, corrections officers and
3431
1 EMTs who are specifically targeted simply for
2 doing their job.
3 And quite frankly, Madam President,
4 I can think of no better day to pass this
5 legislation than on the day when we have the
6 Police Officers Remembrance Memorial that many of
7 us were at.
8 For everyone in this room who says
9 they support our first responders, now is the
10 time to walk the walk and simply not just talk
11 the talk. I urge all of my colleagues to vote
12 yes for this amendment.
13 Thank you, Madam President.
14 ACTING PRESIDENT MAYER: Thank you,
15 Senator.
16 I want to remind the house that the
17 vote is on the procedures of the house and the
18 ruling of the chair. Those in favor of
19 overruling the chair signify by saying aye.
20 (Response of "Aye.")
21 SENATOR GRIFFO: Request a show of
22 hands.
23 ACTING PRESIDENT MAYER: A show of
24 hands has been requested and so ordered.
25 (Show of hands.)
3432
1 THE SECRETARY: Ayes, 21.
2 ACTING PRESIDENT MAYER: The ruling
3 of the chair stands, and the bill-in-chief is
4 before the house.
5 Are there any other Senators wishing
6 to be heard?
7 Seeing and hearing none, debate is
8 closed.
9 The Secretary will ring the bell.
10 Senator Gianaris.
11 SENATOR GIANARIS: Madam President,
12 without objection, can we restore this bill to
13 the noncontroversial calendar.
14 ACTING PRESIDENT MAYER: Without
15 objection, so ordered.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Senator
23 Gallivan to explain his vote.
24 SENATOR GALLIVAN: Thank you,
25 Madam President.
3433
1 Earlier today, as Senator Akshar
2 mentioned, we honored 63 members -- 63 police
3 officers who died in the line of duty whose names
4 were added to the New York Police Officers
5 Memorial. And it was a wonderful ceremony. Many
6 of our colleagues in the room attended. Senator
7 Brooks represented the Majority Leader and the
8 Senate and did an outstanding job in speaking to
9 the families and honoring those that made the
10 ultimate sacrifice on behalf of all our
11 communities across this state.
12 When you add these names to the
13 memorial, the number now totals 1567 names of
14 police officers who have been killed in the line
15 of duty across the State of New York protecting
16 all of us and protecting all of our communities.
17 There's four names I want to mention
18 that are on there: Joseph Piagentini, Waverly
19 Jones, Edward O'Grady, and Waverly Brown. They
20 are Herman Bell and Judith Clark's victims.
21 Today it's my belief we're going in
22 the wrong direction. We are, several hours
23 earlier, honoring those who are protecting all of
24 us, and today we're giving rights to their
25 killers. I vote no.
3434
1 ACTING PRESIDENT MAYER: Senator
2 Gallivan will be recorded in the negative.
3 Senator Akshar to explain his vote.
4 SENATOR AKSHAR: Madam President, I
5 wholeheartedly agree with Senator Gallivan. We
6 are going in the wrong direction.
7 And today, quite frankly, is another
8 sad day for the people of this great state.
9 The scales of justice should always
10 be balanced. And what we are seeing today is the
11 exact opposite, by the policies that we are
12 seeing come from across the aisle. In fact, I
13 would respectfully offer that the policies that
14 we're putting forth have our fingers on the
15 scales of justice -- for criminals, not
16 law-abiding citizens. And it's doing nothing but
17 deluding the current criminal justice system.
18 I am truly beginning to wonder, as I
19 sit in this body, if we are working for the
20 taxpayer, if we are working for the law-abiding
21 citizens, or if we're working for those who are
22 incarcerated and those who violate law-abiding
23 citizens.
24 Today, the Police Memorial
25 Remembrance Ceremony, it was a somber reminder
3435
1 that there are men and women who have in fact
2 laid their lives down for their communities:
3 1,567 names, 1,567 people who have been killed
4 protecting the people of this great state.
5 And on this very day when we
6 remember them, what does this body do? I'll tell
7 you what some of you did. You rejected the
8 amendment and you doubled down on your support
9 for criminals. We rejected an amendment that
10 would have really showed our first responders
11 that we have their back. It would have really
12 showed the first responders that we appreciate
13 them, that we stand up for them, and that we,
14 this very body, ensure that they are protected.
15 But no, the Majority couldn't be bothered.
16 Today I'm proudly standing with my
17 brothers and sisters in blue and am voting no on
18 this bill.
19 Thank you, Madam President.
20 ACTING PRESIDENT MAYER: Senator
21 Akshar to be recorded in the negative.
22 Senator Sepúlveda to explain his
23 vote.
24 SENATOR SEPÚLVEDA: Thank you,
25 Madam President, for allowing me to explain my
3436
1 vote.
2 I want to thank Senator Benjamin,
3 our leader, and my colleagues.
4 I'm also very proud to cosponsor
5 this legislation. This legislation relates to
6 removing the lifetime ban on jury duty for
7 convicted felons who have completed their
8 sentencing. Most states already allow convicted
9 felons who have finished their sentence to
10 participate in jury duty.
11 If a person has completed their
12 sentence, that person should be considered
13 rehabilitated and given an opportunity to have
14 their full rights of citizenship restored,
15 including their rights to serve on a jury. When
16 we start to take away those rights, we impair our
17 democratic principles.
18 Today an estimated 19.8 million
19 people, which is roughly about 9 percent of the
20 U.S. population, currently live with a felony
21 conviction record. That is 19.8 million
22 Americans who cannot serve on juries and take
23 part in our justice system.
24 A study was conducted in the State
25 of Maine, which is the U.S. jurisdiction that
3437
1 does not restrict a convicted felon's opportunity
2 to serve as a juror, and it revealed that
3 convicted felons displayed a dedicated view to
4 serve on juries, stressing a commitment to serve
5 conscientiously. Inclusion in the jury process
6 facilitated pro-social identity shifts by
7 mitigating the felon label, and helped former
8 offenders find personal value. The study also
9 demonstrates that serving on a jury can help
10 reintegrate them into society by helping build
11 their self-confidence and view themselves as
12 equal to other citizens, findings that suggest
13 that felon-jurors thoughtfully engage in jury
14 deliberations and their presence may lead to more
15 just jury outcomes.
16 We should be encouraging everything
17 as policy that would help them become productive
18 members of society and reintegrate themselves in
19 our country.
20 Thank you.
21 ACTING PRESIDENT MAYER: Senator
22 Sepúlveda to be recorded in the affirmative.
23 Senator Bailey to explain his vote.
24 SENATOR BAILEY: Thank you,
25 Madam President.
3438
1 I wasn't going to speak on this one,
2 but I first want to say I appreciate the service
3 of Senator Gallivan and Senator Akshar as members
4 of law enforcement.
5 But in reading this bill, felons
6 being able to serve on juries doesn't -- I don't
7 see the direct connection with not respecting
8 police or not being in appreciation of our men
9 and women in blue or doing something that is an
10 affront to them. I don't see that correlation.
11 What I see is that if you look in
12 the Penal Code, that felons are not just violent,
13 they're not just murderers, they are people who
14 are convicted of nonviolent things. Imagine
15 that, nonviolent felons. So if a nonviolent
16 felon who has been convicted and served their
17 time cannot reenter and not serve on a jury -- I
18 just don't see the opposition to something that
19 simple.
20 Again, these are rights about people
21 who have gone through the process. And the
22 assumption is that after you've gone through the
23 process, you have been rehabilitated, or to the
24 best of the ability that the system currently
25 allows.
3439
1 But when people go through that
2 system, they should be allowed to reenter
3 society. And we talk about being a society of
4 second chances, but I guess second chances depend
5 on certain zip codes to some folks, I don't know.
6 Second chances matter. Allowing
7 people to participate in a jury pool -- which
8 again, if you speak to a layperson, people are
9 calling up the county clerk's offices trying to
10 get out of jury duty. Why shouldn't we allow
11 people the opportunity to serve? That's a
12 question I would posit rhetorically to any of my
13 colleagues, regardless of side of the aisle.
14 Madam President, I vote aye.
15 Senator Benjamin, thank you for advancing this
16 legislation.
17 ACTING PRESIDENT MAYER: Senator
18 Bailey to be recorded in the affirmative.
19 Senator Parker to explain his vote.
20 SENATOR PARKER: Thank you, Madam
21 President, to explain my vote.
22 First let me begin by thanking
23 Senator Benjamin for putting forward this
24 important legislation. I agree with Senator
25 Bailey when he says that America is a place of
3440
1 second chances, and certainly the State of
2 New York ought to be a place of second chances.
3 We should not be throwing people
4 away. People make mistakes. Some people make
5 grievous mistakes and shouldn't be returned to
6 society. But that's not our decision; that's the
7 decision of our criminal justice system. That's
8 the decision of judges and juries. And when they
9 make those decisions, then in fact we should
10 abide by those decisions.
11 When in fact people are given
12 sentences and then allowed to return to society,
13 then we should integrate those people back into
14 society. Right? And we have parole boards,
15 right, that make determinations about that. And
16 so here, once we've allowed somebody to return
17 into society, we should allow them to recoup
18 their rights. And certainly this is a basic
19 right. It will increase our jury pools and will
20 certainly do much to make sure that people are
21 not returning to prison because they'll feel more
22 responsible to their communities.
23 And certainly we certainly
24 understand that this kind of false dichotomy
25 between reintegrating people who have served
3441
1 their time to society and have been released
2 through the proper channels to society, returning
3 their rights is -- has no opposition to
4 supporting our first responders or law
5 enforcement.
6 The reality is that we respect our
7 law enforcement, we need them to protect our
8 communities. And once they've done their job --
9 and we commend them on the job they've done --
10 and we've prosecuted people, to then allow those
11 people, once they've paid their debt to society,
12 to be returned to rights is no conflict.
13 I vote aye on this bill and am
14 looking forward to more work that we can do to
15 help, you know, reinvest people in our
16 communities and make this state the kind of state
17 that we'd be proud to live in.
18 ACTING PRESIDENT MAYER: Thank you.
19 Senator Parker to be recorded in the affirmative.
20 Senator Myrie to explain his vote.
21 SENATOR MYRIE: Thank you,
22 Madam President.
23 I'd like to thank the sponsor of the
24 bill, Senator Benjamin, my colleague.
25 I, like Senator Bailey, did not plan
3442
1 to speak on this bill, but I think it is
2 important to address what is being discussed in
3 this chamber. Consider the choice that our
4 friends on the other side of the aisle are asking
5 us to make: Either you support law enforcement
6 or you support the rights of individuals. You
7 cannot do both at the same time.
8 That is a discussion that is being
9 put forth in this chamber, and it is a dangerous
10 one. Because this is not the first time that we
11 will be expanding the rights and it is not the
12 last time that we will be expanding the rights of
13 those that are entitled to it.
14 We support our first responders. We
15 live with our first responders. Our first
16 responders live amongst us. We interact with
17 them on a daily basis, so we have a profound
18 respect for the work that they do.
19 But we also have a profound
20 respect for the rights that individuals are
21 entitled to. And the rehabilitation and
22 reintegration of those who have made mistakes in
23 their lives is paramount to public safety --
24 public safety that my friends claim to want to
25 uphold.
3443
1 So I proudly vote in the affirmative
2 for this bill today, because the integration of
3 those who have made mistakes is critical to the
4 success of our communities, and we can do that
5 while supporting our first responders at the same
6 time.
7 Thank you, Madam President.
8 ACTING PRESIDENT MAYER: Senator
9 Myrie to be recorded in the affirmative.
10 Senator Jackson to explain his vote.
11 SENATOR JACKSON: Thank you,
12 Madam President and my colleagues. I rise to
13 support our colleague Senator Benjamin and this
14 bill.
15 I've served on many juries. And as
16 you know, when you enter the pool, attorneys have
17 the right to question you to determine whether or
18 not, in their opinion, you're fit to serve or
19 whether they want to challenge you as a juror in
20 order to try to excuse you. That's part of the
21 law. That's part of the process.
22 And I agree with my colleague
23 Senator Myrie. This is not about law enforcement
24 versus people's rights. People have rights, and
25 we expect them to, you know, to abide by those
3444
1 rights. And we expect law enforcement to respect
2 that, just like we respect them.
3 I served in the City Council. I
4 have received cufflinks from the commissioner of
5 the Police Department and the commissioner of the
6 Fire Department, and I wear them sometimes one
7 blue and one red, for NYPD and FDNY. And why do
8 I wear them? Because when we as citizens, we
9 have an emergency, we dial 911.
10 And I say to all of you, this is not
11 one versus the other. This is about respecting
12 the men and women in blue and all of the first
13 responders and also giving people what their
14 rights are after they've served their time in
15 prison and they're coming back to their
16 communities to live their lives. And that's what
17 this is about.
18 So Senator, thank you for putting
19 forward the bill, and I vote yes on this bill.
20 ACTING PRESIDENT MAYER: Senator
21 Jackson to be recorded in the affirmative.
22 Senator Hoylman to explain his vote.
23 SENATOR HOYLMAN: Thank you,
24 Madam President.
25 I wanted to thank Senator Benjamin
3445
1 for this legislation, which I was happy to move
2 through the Judiciary Committee.
3 You know, I am overwhelmed by the
4 amount of sanctimony coming from our friends
5 across the aisle. And the notion that somehow
6 our conference is doing the bidding of criminals,
7 as it was said, is absolutely ludicrous. It's
8 ludicrous, Madam President, because for the last
9 decade -- for the last decade, our friends across
10 the aisle blocked the Child Victims Act. For the
11 last decade, our friends across the aisle took
12 every step, procedural and otherwise, to make
13 certain that the survivors of child sexual abuse,
14 the victims of the most heinous crimes in our
15 society, were not afforded justice in the State
16 of New York.
17 I am appalled that there would be a
18 suggestion that somehow you now have the moral
19 high ground when it comes to victims' rights.
20 Madam President, I vote aye.
21 ACTING PRESIDENT MAYER: Senator
22 Hoylman to be recorded in the affirmative.
23 Senator Savino to explain her vote.
24 SENATOR SAVINO: Thank you,
25 Madam President.
3446
1 I also was not going to speak on the
2 bill, but I think it's important that we do set
3 that record straight.
4 You know, as they say, it's okay to
5 disagree without being disagreeable. And I don't
6 think that we should equate these issues to
7 suggest for one minute that the restoration of
8 the ability to serve on a jury -- and let's think
9 about this. More and more of us fight every day
10 to get out of jury duty, Senators, you know, and
11 felons alike. Nobody wants to serve on jury
12 duty.
13 I think Senator Jackson mentioned
14 how attorneys on both sides of this issue will
15 probably vigorously object to anyone who had a
16 felony conviction who had their rights restored
17 to be able to serve on jury duty from even
18 serving on that jury. So in some respects maybe
19 none of these people will ever serve on a jury.
20 And I would guarantee you they don't want to,
21 anymore than the rest of us do.
22 But convicted felons, after they've
23 served their time and they've met their
24 sentencing requirements, are entitled to request
25 the restoration of a whole lot of rights --
3447
1 voting rights, if they've had a license revoked,
2 they can apply for that. There's a lot of things
3 you get the right to have restored to you if you
4 have served your time and paid your price to
5 society.
6 So why not let them sit on jury duty
7 too? None of the rest of us want to do it.
8 But I will say I'm not going to
9 allow you to get away with saying that we don't
10 care about men and women in law enforcement. I'm
11 just not going to let you do that. In fact, I
12 voted for your bill when it was on the floor in
13 this house when it passed. I voted for it
14 yesterday in the Judiciary Committee. I was
15 criticized then, and I'm going to get criticized
16 today for not voting for a hostile amendment.
17 But to suggest that if we think it's
18 okay for people who don't want to serve on jury
19 duty to be able to have that right restored to
20 them, somehow that means we don't care about men
21 and women who are serving in uniform? I'm not
22 going to let you do that. Because you know
23 that's not true. You know that's not true. You
24 know that's not true. You all know that's not
25 true.
3448
1 Vote against the bill because you
2 don't think felons should have the wisdom or the
3 ability to sit and judge people or judge a jury.
4 I accept that. But don't vote against the bill
5 because somehow or other you think we're opposed
6 to law enforcement and we're empowering
7 criminals.
8 I vote in favor of the bill,
9 Madam President.
10 ACTING PRESIDENT MAYER: Thank you.
11 Senator Savino to be recorded in the affirmative.
12 Senator May to explain her vote.
13 SENATOR MAY: Thank you,
14 Madam President.
15 And thank you, Senator Benjamin, for
16 this bill.
17 I would like to invite my colleagues
18 across the aisle to join me on a walk with
19 OG's Against Gun Violence, which is an incredible
20 group in Syracuse started by a true hero,
21 Cliff Ryan, who served time and doesn't want
22 anyone else to serve time. And so he walks to
23 the most dangerous spots in town, the places
24 where violence is most likely to break out, and
25 he intervenes and he stops young people from
3449
1 getting involved in gun violence.
2 He has stepped in between people who
3 were about to shoot each other, and he has been
4 injured numerous times. He now trains a lot of
5 other former felons to do the same thing, to walk
6 around and talk to young people and teach them
7 about right and wrong, about the consequences of
8 their actions, and to keep them from harm.
9 It is incredibly beautiful and
10 powerful to watch him at work and go out with him
11 and walk the streets. I would trust no one more
12 than Cliff Ryan to sit on a jury and make wise
13 decisions about right and wrong, as I said, and
14 about what the consequences should be of our
15 actions.
16 I really do believe that this bill
17 honors life experience that we should honor and
18 we should respect, people who have served their
19 time and been rehabilitated and want to serve
20 society again.
21 So I proudly vote in favor of this
22 bill. Thank you.
23 ACTING PRESIDENT MAYER: Senator
24 May to be recorded in the affirmative.
25 Senator Amedore to explain his vote.
3450
1 SENATOR AMEDORE: Thank you,
2 Madam President.
3 I think we're getting lost in the
4 narrative in the -- we're starting to get into
5 the partisan politics here. Let's think about
6 what we're talking about with this bill.
7 We're talking about individuals who
8 are convicted felons, who made mistakes, whether
9 it was violent or nonviolent. They went to jail,
10 they paid their price. Now we're talking about
11 having them reenter back into society as
12 law-abiding citizens, hopefully, because they
13 paid the price, because maybe they learned and
14 they asked for forgiveness and they got
15 rehabilitated. But they're still labeled as a
16 felon and they still do not have the rights
17 because they are labeled "felon."
18 So this bill singles out one
19 specific right or the ability for a felon to
20 basically enjoy their freedoms and liberties or
21 their rights as a citizen of this country, the
22 right to -- because it removes the lifetime ban
23 on jury duty.
24 The sponsor of this bill or the
25 Majority is not, is not removing all the other
3451
1 lifetime bans that a felon has to live with when
2 he or she is convicted a felon.
3 Where is there the restoration of
4 the right to go and get your job back and trade
5 on the security market if you're a convicted
6 felon? Where is there the right to your Second
7 Amendment, that you can get your guns or your
8 firearms back? Or driver's license back? Or
9 specific rights and liberties that they lost
10 because they are a felon?
11 This bill doesn't do that. This
12 bill allows a felon to sit on jury duty. That's
13 it. I don't think if we're going to restore the
14 rights of men and women who paid the price and
15 went through the harsh incarceration, comes back
16 into society, I think then we should be
17 discussing how are we going to bring them back
18 into society as a whole American citizen and not
19 just a felon that has a right just to do one
20 special duty, to sit on a jury.
21 And that's why, Madam President, I
22 vote no.
23 ACTING PRESIDENT MAYER: Senator
24 Amedore to be recorded in the negative.
25 Senator Krueger to explain her vote.
3452
1 SENATOR KRUEGER: Thank you,
2 Madam President.
3 So I suggest Senator Amedore submit
4 a bill removing all these lifetime bans that he
5 thinks felons have to live under in New York
6 State. I actually can't find too many when I was
7 just doing a Google search, certainly not ones
8 that you can't petition a court to get resolved
9 for yourself.
10 But it is clear, from listening to
11 my colleagues on both sides of the aisle, that
12 this is not really an argument about what it's
13 about. So thank you, Senator Savino, for
14 pointing out that no party gets to declare the
15 other party doesn't care about law enforcement or
16 first responders. That is insulting and absurd,
17 and everyone knows that.
18 But also thank you to Senator
19 Benjamin for putting this bill on the floor
20 today.
21 Many people commit felonies. The
22 vast majority do their time and don't recommit
23 and don't go back to jail. And the best way to
24 make sure that people don't become recidivist
25 criminals is to ensure that when they complete
3453
1 doing their time and they have shown an ability
2 for rehabilitation, that you welcome them back
3 into a society, that you support their ability to
4 return to their families, to get jobs, to pay
5 taxes, to be a full member of our society.
6 And that means, in the United States
7 of America, the right to sit on a jury of your
8 peers.
9 And guess what? If 7 or 8 percent
10 of the population ends up with felony
11 convictions, then a jury of your peers would
12 probably need to reflect 7 or 8 percent of the
13 members of juries having been through that
14 experience themselves. Because I'm not sure what
15 can teach you better the path you ought to be
16 taking versus not taking than having to go
17 through the experience of going to jail yourself.
18 So the research shows that people
19 who committed felonies and were allowed to be
20 jurors actually proved to be exceptionally good
21 jurors. As we are hearing from colleagues today,
22 there are too many people who don't want to serve
23 on juries, avoid it at all costs. And the fact
24 that you'll have some subuniverse of people with
25 felonies who don't feel the exact same way and
3454
1 want to do their duty as a citizen of this
2 country to participate in juries -- I applaud
3 them.
4 And I see no reason why anyone would
5 want to stand in the way of making sure that we
6 do treat people who have done their time with the
7 full respect and belief that they can be moved
8 forward as our colleagues, our neighbors, our
9 family members, and our jury partners.
10 Thank you. I vote yes,
11 Madam President.
12 ACTING PRESIDENT MAYER: Senator
13 Krueger to be recorded in the affirmative.
14 Senator Lanza to explain his vote.
15 SENATOR LANZA: Thank you,
16 Madam President.
17 You know what? I agree with a lot
18 of what has been said on both sides of the aisle,
19 and I disagree with some things that have been
20 said by each.
21 I agree, for example, with
22 Senator Parker that we ought not throw human
23 beings away. I was raised to believe that one of
24 the best things we can do, as brothers and
25 sisters, is to forgive each other. It's
3455
1 important.
2 I agree with Senator Amedore that if
3 we're going do that, though, that we've got to
4 exercise good judgment. Why is it that a lawyer
5 who commits a felony can never practice his or
6 her trade again? Maybe that is something we
7 ought to look at when we do this.
8 I was going to support this; I'm not
9 at this time. I think we ought to -- Senator
10 Benjamin is a person that always does the right
11 thing, in my experience with him. The fact that
12 it is he who is the author of this goes a long
13 way for me in believing that it is a something --
14 a step in the right direction.
15 But I heard this -- the door opened
16 about this side not caring about kids because of
17 the Child Victims Act. You know, the truth of
18 the matter is for years that bill only cared
19 about you as a victim if the perpetrator was part
20 of a religious organization. And that's the
21 truth.
22 I know the communications person
23 again is going to say, well, that's not true, our
24 bill included everyone. Well, it didn't, because
25 it was changed only a week before we passed it
3456
1 here. And if you believe that the statute of
2 limitations is something that prevents justice
3 from occurring, then you ought to get rid of the
4 statute of limitations for everything if that's
5 the reason why people can't obtain justice.
6 But we have this all-or-nothing
7 approach here in Albany: My bill or the highway.
8 I think there's plenty of room here on an issue
9 like this where we can look at felony
10 classifications and say, hey, yeah, there's
11 something that someone did that really doesn't
12 bear on their judgment, really, in terms of once
13 they've paid their due and now they're back in
14 the community.
15 But, you know, I listened to Senator
16 Hoylman and he made me think of the fact that,
17 for instance, you know, a man who rapes a little
18 boy is probably a person we should never have
19 serve on a jury, ever. I can forgive, but I
20 can't forget when it comes to certain things like
21 that.
22 So maybe we ought to get past this
23 all-or-nothing approach and really sit down and
24 talk and say, hey, we're with you 80 percent,
25 90 percent on this bill, but would you at least
3457
1 consider some of the concerns we have, and maybe
2 we'd have more bipartisan support for legislation
3 here in Albany, which I think would be a good
4 thing.
5 Madam President, sadly, I vote in
6 the negative.
7 ACTING PRESIDENT MAYER: Senator
8 Lanza to be recorded in the negative.
9 Senator Montgomery to explain her
10 vote.
11 SENATOR MONTGOMERY: Yes, thank
12 you, Madam President.
13 I just want to say for my
14 colleagues, if you ever want to see a program
15 that is run for formerly incarcerated people for
16 the purposes of helping them to have a successful
17 reentry, I have any number of organizations that
18 do exceptional work, and 90 percent of them are
19 run by formerly incarcerated people.
20 So I find people who have the
21 experience to be experts in this particular area.
22 So I just want to offer you that bit of
23 information.
24 And I agree with Senator Amedore. I
25 wish we were doing more, Senator Amedore. You're
3458
1 right, there are many more things that we need to
2 be doing. But I find that this particular bill
3 is for a very specific issue, and that is to
4 remove the lifetime ban for anyone who wants to
5 serve on jury duty to be eligible to serve on
6 jury duty even though they were formerly
7 incarcerated.
8 It establishes the same standards as
9 we have for other areas of reentry -- i.e.,
10 voting privileges. So that's why I'm very much
11 in favor of this bill. Thank you very much,
12 Senator Benjamin, for taking us one step more
13 into successful reentry.
14 And certainly we do not want to lose
15 the benefit of people who have the keenest sense
16 of understanding of people who might come before
17 them and be on a jury, because they've been there
18 and they understand, like perhaps many of us
19 would not have the same sensitivity and
20 understanding as people who actually have been
21 through it and have lived it.
22 So I'm very much in favor of this.
23 And I hope that as Senator Amedore has pointed
24 out, we can take this as an indication that we
25 need to go further. And I'm saying this right
3459
1 here and now, this was a Republican suggestion
2 that it's time for us to do more to help people
3 successfully reenter through this process of
4 restoring their rights as citizens.
5 So Madam President, I vote aye.
6 ACTING PRESIDENT MAYER: Senator
7 Montgomery to be recorded in the affirmative.
8 Senator Rivera to explain his vote.
9 SENATOR RIVERA: Thank you,
10 Madam President.
11 There's many points that have been
12 made incredibly well by many of my colleagues --
13 Senator Bailey, Senator Myrie. So I will only
14 reiterate that everything that they've said is
15 absolutely 1000 percent on point.
16 I thank Senator Benjamin for
17 bringing this to the floor. And I actually want
18 to thank Senator Montgomery, because she
19 actually -- one of the points that I was going to
20 make -- I'm going to make two points, and one of
21 them was actually covered by Senator Montgomery.
22 The reality is that on this floor we
23 have been referring to those people as felons,
24 inmates, as prisoners. And this is a battle that
25 I'm probably not going to win with most folks in
3460
1 this room, but I would like to posit to all of
2 you that, much like I did many weeks back when we
3 were referring to "illegals" and the way that
4 many folks across the aisle -- and sometimes on
5 my side -- use those words, it is a way to
6 dehumanize individuals.
7 Senator Montgomery used the term
8 "formerly incarcerated," which was actually
9 taught to me by people who were actually formerly
10 incarcerated, individuals who have served their
11 time, who have done the responsible thing, who
12 have accepted responsibility for the actions that
13 they've taken and now have tried to reenter
14 society. And many of them, much like the ones
15 that Senator Montgomery describes, have done
16 amazing work in some of our districts and yours
17 as well.
18 So I would suggest -- again, I'm
19 pretty sure I'm going to lose on this. But I
20 would suggest that when you think about these
21 individuals, they are people too. And that using
22 the term "felon" or "prisoner" or "inmate" is a
23 way to dehumanize those individuals, and that is
24 a bad place to start.
25 Second, I would suggest particularly
3461
1 to my colleagues across the aisle if you are into
2 some reading, maybe you'd like to pick up a book
3 called The New Jim Crow. There is an amazing
4 author by the name of Michelle Alexander, all the
5 way back in 2010, who wrote a book called The New
6 Jim Crow: Mass Incarceration in the Age of Color
7 Blindness. And what she pointed out
8 magnificently in this book was the fact that
9 unlike the view that many folks might share that
10 the system of justice is perfect and that
11 therefore those people -- those felons, as many
12 folks in this room have referred to them -- who
13 have committed mistakes, those are different from
14 us, and so we must put them away someplace and
15 maybe not do anything to rehabilitate them,
16 et cetera, et cetera.
17 She points out the fact that the
18 entire system -- her theory, which I believe is
19 absolutely accurate, is it's a new way, a new
20 Jim Crow. It's a new way to take people of
21 color, particularly black men and women,
22 particular black young men, and put them into a
23 system in which they are closed off from things
24 that they should have access to in society, like
25 voting, like being part of a jury pool, like
3462
1 living in public housing, et cetera, et cetera,
2 et cetera.
3 So as we continue with bills like
4 Senator Benjamin's -- and I'm very thankful that
5 he introduced it -- and many other ones that we
6 will continue to introduce, that we will continue
7 to pass, we will do so thinking about the fact
8 that we don't have a perfect criminal justice
9 system and that the realities of the outcome of
10 this system is to criminalize poverty, is to
11 criminalize people of color. And we're trying to
12 correct that.
13 In different ways we will do it.
14 First by referring to these folks as individuals,
15 as formerly incarcerated would be one thing.
16 Second, to do a little bit of reading.
17 I vote in the affirmative,
18 Madam President.
19 ACTING PRESIDENT MAYER: Thank you.
20 Senator Rivera to be recorded in the affirmative.
21 Senator Robach to explain his vote.
22 SENATOR ROBACH: Yes, I appreciate
23 all the dialogue today. I wasn't planning on
24 speaking on this either, but this is fascinating,
25 and there was a lot of relevant things and a lot
3463
1 of different issues.
2 I guess my lens is a little bit
3 different. I want to focus not on law
4 enforcement, not on the offenders, but on the
5 victims for a minute.
6 There's no question to me -- and
7 I've worked in the criminal justice system. I
8 think this bill would be much better if it took
9 out violent felons for a start, not give them
10 more rights. And the reason why I tell you this
11 is -- we may disagree; I'm not sure how this
12 rehabilitates anybody. But I get the
13 dehumanizing part for them. But sometimes, you
14 know, as Berretta said, "If you do the crime, you
15 gotta do the time," and you've got to live up to
16 the responsibility.
17 But here's where Real-Talk Robach,
18 representing a lot of people in the urban
19 community who have had children get killed by
20 offenders and repeat offenders -- and when the
21 sentence comes out and they feel it's too short,
22 I would hate to face that family and say I voted
23 for a bill that let two individuals that already
24 killed somebody, that somehow got on that jury,
25 make that decision. Because they're going to
3464
1 feel the system was stacked against them.
2 And one thing I do agree with
3 Senator Rivera is we do have to make sure the
4 system works as best it can for everybody. But
5 there's more than offenders and people that
6 uphold the law in this system, and that's all the
7 people in our districts and the people that
8 unfortunately get ripped apart by all kinds of
9 crime.
10 And I ask you -- I know I'm not
11 going to change anybody's vote, but let's say it
12 was your family member and you found out that the
13 person that allegedly shot your loved one, and
14 the evidence seemed pretty good, but you didn't
15 get the result you wanted, and then you found out
16 after the fact that they in fact had done that
17 very crime 10 years earlier, I don't think you'd
18 think that was a good system.
19 And that's why this is a bad
20 precedent and a bad bill. I vote no,
21 Mr. President -- or, excuse me, Madam President.
22 ACTING PRESIDENT MAYER: Senator
23 Robach to be recorded in the negative.
24 Senator Ranzenhofer to explain his
25 vote.
3465
1 SENATOR RANZENHOFER: Thank you.
2 Like some of my colleagues, the
3 conversation here has been very interesting. And
4 it's interesting that we are debating a bill to
5 allow people to serve on jury duty when
6 99 percent of the people do all that they can to
7 try to get out of jury duty.
8 But to Senator Rivera's question
9 about why are we using the word "felons" in our
10 discussion, it's a dehumanizing word -- well, let
11 me just go to the bill. So the title of the bill
12 says it's an act to amend the Judiciary Law in
13 relation to removing the lifetime ban on jury
14 duty for convicted felons who have completed
15 their sentencing.
16 I mean, that's why we're talking
17 about convicted felons, because that's what is in
18 the bill. That's what the language of the bill
19 says. That's what the bill's sponsor wrote in
20 the law, that's what the bill's sponsor wrote in
21 the memo when describing the purpose, to remove
22 the lifetime ban on jury duty for convicted
23 felons. Not a word that I chose. When I'm using
24 the word "convicted felons," I'm not trying to
25 dehumanize anybody. But that's what the language
3466
1 of the bill says. That's what the sponsor's memo
2 says.
3 So, you know, in answer to your
4 question why are we using this language, why are
5 we using this inflammatory language, a member of
6 the Senate introduced a bill and put that -- what
7 you would call inflammatory language in the bill.
8 That's why we're talking about it. That's the
9 language that's in the law, that's the language
10 that's defined in the bill, that's the language
11 that's in the memo.
12 So I would respectfully disagree
13 with you that anybody on either side of the aisle
14 is trying to inflame the issue by using that
15 language when one of our colleagues is using the
16 language to describe the bill.
17 I wanted to also address the issue
18 of the high moral ground. I heard one of the
19 Senators on the other side mention about the high
20 moral ground, and I keep on hearing what happened
21 over the last decade.
22 So I'm one of two members in this
23 chamber who have been here for exactly one
24 decade. And in the one decade, my first two
25 years, Democrats were in control of the Senate,
3467
1 and the last eight years was Republican. So
2 under the two years that the Democrats were in
3 control and the Child Victims Act was there, it
4 was not brought to the floor for a vote. Not
5 because anybody had better morals than the
6 others, but it was a bad bill at that time. And
7 the last eight years when Republicans were in
8 control, we were dealing with the Child Victims
9 Act. The reason why that bill didn't pass is
10 because it was a bad bill. And most people
11 believed it was a bad bill.
12 And no disrespect to the sponsor,
13 but this year when the bill changed -- because
14 many of us have been on different versions of the
15 Child Victims Act. But this year, finally, when
16 the sponsor amended the bill, when the bill
17 became a fair bill, when the bill finally went
18 from becoming a bad bill to a good bill, it was
19 passed and I think it was passed either nearly
20 unanimously or unanimously.
21 So in conclusion -- and we talk
22 about the right. There is a right for a criminal
23 defendant to have a certain type of jury.
24 There's no right to serve on a jury. That's a
25 privilege that we have in our state. It's a
3468
1 privilege, it's not a right. The right is for
2 the defendant to have a jury of his peers.
3 So the point is, well, who should
4 have that privilege? Just like we decide who
5 should have the privilege of a driver's license,
6 who should have the privilege of a teacher's
7 license. Who should have these privileges?
8 So I believe that there is a
9 distinction. There are certain people that have
10 been convicted of felonies that in my judgment,
11 for the community members that I represent,
12 should never serve on a jury. Now, is that a
13 vast majority of them or a minority? I don't
14 know. But somebody -- as Senator Lanza said, a
15 person that's convicted of raping a child, of
16 someone who kills somebody for hire or in cold
17 blood -- I'm sorry, but in my community that
18 person should never serve on a jury.
19 Now, should somebody who has been
20 convicted of a nonviolent felony and paid their
21 debt to society, should that person be
22 considered? That's another story.
23 But I'm sorry, there are just some
24 crimes that are just so heinous, so serious, so
25 violent, that I do not want to associate my vote
3469
1 with giving the right of a child killer, of
2 someone who murders a police officer -- that
3 person, in my mind, should never sit on a jury no
4 matter -- under any circumstances.
5 I'll be voting no, and thank you for
6 indulging me to explain my vote.
7 ACTING PRESIDENT MAYER: Senator
8 Ranzenhofer to be recorded in the negative.
9 Seeing and hearing no others,
10 Senator Benjamin to explain his vote.
11 SENATOR BENJAMIN: Thank you,
12 Madam President. I am so honored to be here
13 today to vote in favor of my bill.
14 I want to start off with a very
15 important point. Every defendant has the right
16 to be judged by a jury of his or her peers. And
17 when I think about peers, I think about everyone.
18 I don't think of some, I think of all. And it's
19 our job as legislators to create a fair system
20 that allows the maximum amount of people to be
21 able to serve in that capacity.
22 And so -- you know, it's funny when
23 I've been listening to some of the comments from
24 the other side, I hear this comment that it's not
25 being said, but almost being said subtly, which
3470
1 is once a criminal, always a criminal. That
2 somehow our criminal justice system or our
3 correction system does not rehabilitate. Because
4 if it did rehabilitate, once someone has served
5 their time and paid their debt to society, they
6 should not be called a convicted felon or a
7 formerly incarcerated individual, they should be
8 called a citizen.
9 And so to be clear, the only reason
10 why the language had to be "convicted felons" as
11 relates to this bill is because it's a legal
12 term. If it was left to me, I would use the word
13 "citizen," just to be very clear.
14 Also I would like to mention the
15 fact that when we think about -- you know, this
16 is a really a tough one for me, because when I
17 hear this word -- that somehow former felons,
18 former incarcerated individuals, whatever term
19 you want to use, that they somehow don't have a
20 soul or they don't matter as much as the rest of
21 us. So as a result, they should never have the
22 chance to be a full citizen like everyone else.
23 That's what I'm hearing.
24 And so I just want to make sure that
25 we're clear on the message that we're sending
3471
1 here today. The Majority is sending a message
2 today that if you did your time, if you served
3 after you've made a mistake, we're going to do
4 everything in our power to bring you back into
5 society because it's the right thing to do.
6 Lastly, you know, in Maine they
7 allow those who have been convicted to serve on
8 juries, and there are studies that show, if
9 anyone wants to read them, that those who were
10 formerly incarcerated have turned out to be some
11 of the best jurors, they ask some of the most
12 important questions on juries, they're very
13 thoughtful and they bring a lot to the table.
14 This is all about trying to get the
15 best solution for our society. When people serve
16 on juries -- as was mentioned before, not the
17 most -- not something that everyone is knocking
18 themselves out to do. But when you do it, you
19 have to remember that there are people's lives
20 are at stake. I've served on juries before, and
21 people's lives were at stake. I think it's
22 important that as part of that jury pool, there
23 are people who know how much is at stake because
24 they had to live that themselves.
25 I think it's the right thing to do,
3472
1 and I'm glad that we're doing this bill today. I
2 vote aye.
3 ACTING PRESIDENT MAYER: Senator
4 Benjamin to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 57, those Senators voting in the
8 negative are Senators Akshar, Amedore, Antonacci,
9 Boyle, Brooks, Flanagan, Gallivan, Gaughran,
10 Griffo, Helming, Jacobs, Jordan, Kaplan, Lanza,
11 LaValle, Little, Martinez, O'Mara, Ortt,
12 Ranzenhofer, Ritchie, Robach, Serino, Seward and
13 Tedisco.
14 Ayes, 36. Nays, 25.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 Senator Gianaris, that completes the
18 reading of today's calendar.
19 SENATOR GIANARIS: Madam President,
20 if we could return to motions for one moment.
21 On behalf of Senator Brooks, on
22 page 31 I offer the following amendments to
23 Calendar 516, Senate Print 3399, and ask that
24 said bill retain its place on Third Reading
25 Calendar.
3473
1 ACTING PRESIDENT MAYER: The
2 amendments are received, and the bill shall
3 retain its place on the Third Reading Calendar.
4 Senator Gianaris.
5 SENATOR GIANARIS: Is there any
6 further business at the desk?
7 ACTING PRESIDENT MAYER: There is
8 no further business at the desk.
9 SENATOR GIANARIS: I move to
10 adjourn until tomorrow, Wednesday, May 8th, at
11 11:00 a.m.
12 ACTING PRESIDENT MAYER: On motion,
13 the Senate stands adjourned until Wednesday,
14 May 8th, at 11:00 a.m.
15 (Whereupon, at 5:17 p.m., the Senate
16 adjourned.)
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