Regular Session - May 22, 2024

                                                                   4231

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 22, 2024

11                      4:01 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4232

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone to please rise and 

 5    recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT PERSAUD:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    May 21, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, May 20, 

18    2024, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Gianaris 


                                                               4233

 1    moves to discharge, from the Committee on 

 2    Agriculture, Assembly Bill Number 9254 and 

 3    substitute it for the identical Senate Bill 8542, 

 4    Third Reading Calendar 819.

 5                 Senator Persaud moves to discharge, 

 6    from the Committee on Judiciary, Assembly Bill 

 7    Number 9505 and substitute it for the identical 

 8    Senate Bill 9015, Third Reading Calendar 831.

 9                 ACTING PRESIDENT PERSAUD:   So 

10    ordered.

11                 Messages from the Governor.

12                 Reports of standing committees.

13                 Reports of select committees.

14                 Communications and reports from 

15    state officers.

16                 Motions and resolutions.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Good afternoon, 

19    Madam President.  

20                 On behalf of Senator Hoylman-Sigal, 

21    I wish to call up Senate Print 2601A, recalled 

22    from the Assembly, which is now at the desk.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               4234

 1    124, Senate Print Number 2601A, by 

 2    Senator Hoylman-Sigal, an act to amend the 

 3    Banking Law.

 4                 SENATOR GIANARIS:   Move to 

 5    reconsider the vote by which the bill was passed.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll on reconsideration.

 8                 (The Secretary called the roll.)

 9                 THE SECRETARY:   Ayes, 52.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    will be restored to its place on the Third 

12    Reading Calendar.

13                 SENATOR GIANARIS:   I offer the 

14    following amendments.

15                 ACTING PRESIDENT PERSAUD:   The 

16    amendments are received.

17                 SENATOR GIANARIS:   On behalf of 

18    Senator Hinchey, on page 90 I offer the following 

19    amendments to Calendar 1215, Senate Print 8703, 

20    and ask that said bill retain its place on the 

21    Third Reading Calendar.

22                 ACTING PRESIDENT PERSAUD:   The 

23    amendments are received, and the bill will retain 

24    its place on the Third Reading Calendar.

25                 Senator Gianaris.


                                                               4235

 1                 SENATOR GIANARIS:   And on behalf of 

 2    Senator Cleare, I move to amend Senate Bill 6906B 

 3    by striking out the amendments made on 

 4    February 23rd and restoring it to its previous 

 5    original print, 6906.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    amendments are received, and the bill will retain 

 8    its place on the Third Reading Calendar.

 9                 SENATOR GIANARIS:   Thank you, 

10    Madam President.  

11                 Please recognize Senator 

12    Scarcella-Spanton for an introduction.  

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Scarcella-Spanton for an introduction.

15                 SENATOR SCARCELLA-SPANTON:   Thank 

16    you, Madam Speaker.  

17                 I rise today to pay tribute to an 

18    extraordinary couple who work tirelessly for the 

19    Albanian children and community in my district 

20    and in Senator Fernandez's district as well.  

21    Today I get the opportunity to acknowledge 

22    Qemal and Kozeta Zylo, who established 

23    Alba Life Inc. more than 17 years ago.  

24                 I recently had the opportunity to 

25    witness the dedication and passion of the 


                                                               4236

 1    Alba Life School during their remarkable 

 2    performance at their 16th anniversary of Kosovo's 

 3    Independence celebration, an event that I hosted 

 4    right here in the State Capitol.  

 5                 Their commitment to preserving the 

 6    Albanian language and culture is truly 

 7    commendable and deserving of our utmost respect 

 8    and admiration.  I know that they not only do 

 9    work in my district, but in schools in the Bronx 

10    as well, in Senator Fernandez's district.

11                 Thank you very much to all of you at 

12    the Alba Life Inc. team for your extraordinary 

13    contributions.  Their continued efforts to uphold 

14    Albanian traditions through their teachings, 

15    alongside their hard work and dedication to 

16    excellence is truly commendable, and I am lucky 

17    to consider you all friends.  

18                 Thank you so much.

19                 ACTING PRESIDENT PERSAUD:   To our 

20    guests, I welcome you on behalf of the Senate.  

21    We extend to you the privileges and courtesies of 

22    this house.  

23                 Please rise and be recognized.

24                 (Standing ovation.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               4237

 1    Gianaris.

 2                 SENATOR GIANARIS:   Please recognize 

 3    Senator Weik for an introduction.  

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Weik for an introduction.

 6                 SENATOR WEIK:   Thank you, 

 7    Madam President.  

 8                 In Albany today is Roger Sampson, 

 9    executive director of New York 811, a 

10    not-for-profit one-call center that is the 

11    communications link between utility companies and 

12    individuals who plan to dig in the five boroughs 

13    of New York City, Nassau and Suffolk counties on 

14    Long Island.

15                 You all have probably noticed the 

16    signs "Call Before You Dig" that direct residents 

17    and contractors to call 811 before starting any 

18    major digging work.  

19                 This important safety organization 

20    is headquartered in my district in the Hamlet of 

21    Bohemia.  

22                 As we enter the prime season for 

23    digging, Roger is in Albany today to raise 

24    awareness to individuals and companies, ensuring 

25    that all digging activities are done safely.  


                                                               4238

 1    New York 811 helps safeguard one of the most 

 2    extensive, complicated and congested underground 

 3    infrastructures in the nation, and we thank Roger 

 4    and New York 811 for helping to keep New Yorkers 

 5    safe.

 6                 Madam President, please recognize 

 7    Roger Sampson of New York 811.

 8                 ACTING PRESIDENT PERSAUD:   To our 

 9    guest, I welcome you on behalf of the Senate.  We 

10    extend to you the privileges and courtesies of 

11    this house.  

12                 Please continue standing and be 

13    recognized.

14                 (Standing ovation.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Gianaris.

17                 SENATOR GIANARIS:   Can we now take 

18    up previously adopted Resolution 2351, by 

19    Senator Cleare, read that resolution's title, and 

20    recognize Senator Cleare.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 2351, by 

24    Senator Cleare, commemorating the 

25    30th anniversary of Mad Wednesdays and paying 


                                                               4239

 1    tribute to its founder, Maria Davis, for her 

 2    ceaseless dedication to HIV/AIDS prevention and 

 3    awareness.  

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Cleare on the resolution.

 6                 SENATOR CLEARE:   Thank you, 

 7    Madam President.  

 8                 It is my great honor to speak about 

 9    one of the great unsung sheroes of all Harlem and 

10    New York City, Maria Davis.  This resolution pays 

11    tribute to multiple aspects of the lifework of 

12    Maria Davis, including the 30th anniversary of 

13    New York's longest running showcase, 

14    Mad Wednesdays.

15                 Mad Wednesdays was found by 

16    Maria Davis in Harlem over 30 years ago because 

17    she believed that there needed to be a showcase 

18    in the community for young up-and-coming talent 

19    that might otherwise be overlooked and never 

20    receive a chance.

21                 Maria is a woman of color and 

22    promoter in a male-dominated profession, and an 

23    individual living with HIV and AIDS certainly 

24    knows about strength, resilience, and having the 

25    will to overcome all obstacles.  


                                                               4240

 1                 In the early days of Mad Wednesdays, 

 2    Maria Davis featured individuals who would go on 

 3    to become legendary, such as Jay-Z and Lil' Kim.  

 4    Maria herself and Mad Wednesdays were in fact 

 5    featured on Jay-Z's debut album Reasonable Doubt, 

 6    and the song "22 Two's" featured Maria Davis 

 7    herself, as the rap lyrics for the song had 

 8    debuted originally at Mad Wednesdays.  

 9                 Maria has kept up the tradition of 

10    Mad Wednesdays, going through many musical 

11    cycles, generations, and even through the COVID 

12    pandemic.  In addition to her work as a music 

13    promoter, she has been an essential figure and 

14    ambassador in our Harlem community on the issues 

15    of health, wellness and HIV and AIDS treatment, 

16    prevention and awareness.

17                 So many in our community have been 

18    able to turn to Mary Davis for support, for love, 

19    acceptance and wise counsel.  What Maria has 

20    accomplished with her life in terms of top-level 

21    music promotion and the public service she has 

22    provided as a trusted community ambassador of 

23    health and wellness has touched the lives of 

24    millions of people.  Thus it is only fitting that 

25    we as a body recognize and celebrate her today.


                                                               4241

 1                 Thank you, Madam President.  I 

 2    proudly vote aye on this resolution.  

 3                 And I see you, Payton Rose, who is 

 4    here, her partner.  

 5                 And I ask that the courtesies of 

 6    this house be extended to Maria Davis on the 

 7    30th anniversary of Mad Wednesdays.

 8                 Thank you.

 9                 ACTING PRESIDENT PERSAUD:   To our 

10    guests, Maria Davis and your guests, I welcome 

11    you on behalf of the Senate.  We extend to you 

12    the privileges and courtesies of this house.

13                 Please rise and be recognized.

14                 (Standing ovation.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Gianaris.  

17                 SENATOR GIANARIS:   Let's move on to 

18    previously adopted Resolution 2377, by 

19    Senator Martinez, read that resolution's title 

20    and recognize Senator Martinez.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 2377, by 

24    Senator Martinez, memorializing Governor Kathy 

25    Hochul to proclaim May 24, 2024, as Long Island 


                                                               4242

 1    Sound Day in the State of New York.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Martinez on the resolution.

 4                 SENATOR MARTINEZ:   Good afternoon, 

 5    Madam President.  Thank you.

 6                 Today, as we approach the unofficial 

 7    start of the summer season, I rise in recognition 

 8    and celebration of the Long Island Sound Day, an 

 9    important commemoration of one of New York's 

10    greatest shared natural resources.  

11                 The Long Island Sound stretches from 

12    New York City to Southern Westchester County in 

13    the west, to Block Island Sound in the east, with 

14    Long Island and Connecticut forming the 

15    respective northern and southern shores.  It's a 

16    marine sound and tidal estuary where saltwater 

17    from the Atlantic Ocean mixes with freshwater 

18    from inland waters.  

19                 It is estimated that the Long Island 

20    Sound generates more than $9 billion annually for 

21    the regional economy through commercial and 

22    recreational activities.  However, the ability of 

23    the sound to support these diverse uses depends 

24    on the quality of its water, which sustains a 

25    variety of marine life including zooplankton -- I 


                                                               4243

 1    remember, while I was in school, learning about 

 2    zooplankton -- bay scallops, clams, and several 

 3    species of fish and birds.  

 4                 Its waters and coastal habitats are 

 5    also home to sea turtles, multiple shark species, 

 6    the American oystercatcher, our bald eagle, our 

 7    falcons, and our ospreys.  

 8                 Due to conservation efforts, river 

 9    otters and humpback whales now have returned to 

10    the Long Island Sound, which at one point had 

11    been gone.  These achievements highlight the 

12    success of the environmental rehabilitation 

13    efforts being led by organizations like the 

14    Long Island Sound Study, a partnership of 

15    researchers, regulators, user groups and other 

16    concerned organizations and individuals committed 

17    to protecting and improving the health of the 

18    sound.  

19                 This treasured landmark is a 

20    destination for both residents and visitors 

21    alike, offering natural, scenic and recreational 

22    opportunities that enhance the quality of life 

23    for our residents.

24                 By commemorating tomorrow, May 24th, 

25    as Long Island Sound Day, we celebrate the 


                                                               4244

 1    ongoing commitment to cooperation between 

 2    New York and Connecticut as well as with our 

 3    federal and local stakeholders in protecting this 

 4    beautiful coastal resource and ensuring its 

 5    longevity for future generations.

 6                 Madam President, thank you.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Martins on the resolution.

 9                 SENATOR MARTINS:   Thank you, 

10    Madam President.  

11                 I too rise first of all to thank 

12    Senator Martinez for introducing this resolution.

13                 I have the privilege of representing 

14    the Long Island Sound shore community from the 

15    Queens line through the Suffolk County line on 

16    the North Shore of Long Island.

17                 Although we're asking the Governor 

18    to memorialize May 24th as Long Island Sound Day, 

19    and we understand that our colleagues in the 

20    State of Connecticut will be doing the same 

21    thing, I think we know and they know that the 

22    Long Island Sound belongs to us in New York 

23    State -- not only those of us on Long Island, in 

24    Nassau and Suffolk counties, Madam President, but 

25    also our colleagues who represent the North Shore 


                                                               4245

 1    of Queens and the Queens community and the shore 

 2    communities in Westchester and the Bronx, who 

 3    also have a responsibility for the sound.

 4                 You know, over the years our 

 5    communities have not fully appreciated the fact 

 6    that we are on an island, we do have shore 

 7    communities, and that we do fully utilize the 

 8    sound.  And the sound, as a result, fell into a 

 9    little bit of neglect over the years.  The 

10    nitrification of the sound, the impact on our 

11    fish and seafood, mostly oysters and shellfish, 

12    has been frankly an issue that has driven our 

13    towns -- the towns of North Hempstead, 

14    Oyster Bay, the City of Glen Cove -- to promote 

15    the wellness of the sound, to commit resources to 

16    doing so.  

17                 And, Madam President, I'm happy to 

18    say that the ecosystems on Long Island Sound, as 

19    a result of the efforts of our local communities, 

20    of our federal partners, and of course of our 

21    efforts here in New York State, have come back.  

22    It is a pristine place, for those of you who have 

23    spent time out on Long Island Sound.  If you 

24    haven't, please do so, whether it's boating, 

25    fishing, or any recreational activities.  


                                                               4246

 1                 It is a jewel for this state, 

 2    something we should celebrate.  And I'm happy to 

 3    vote aye.  

 4                 Once again, thank you to 

 5    Senator Martinez.  

 6                 And remember, folks, May 24th, this 

 7    Friday, as you start your Memorial Day weekend, 

 8    come down, visit us on Long Island, spend a 

 9    little time on Long Island Sound.  

10                 Thank you, Madam President.

11                 ACTING PRESIDENT PERSAUD:   Thank 

12    you, Senator.

13                 Senator Palumbo on the resolution.

14                 SENATOR PALUMBO:   Thank you, 

15    Madam President.  

16                 And I thank Senator Martinez for 

17    bringing this resolution to the floor.  

18                 Without being too redundant, the 

19    Long Island -- the beautiful Long Island Sound, 

20    based upon many efforts that our federal partners 

21    and that people in this building have done, has 

22    come a long way back.  We had a huge lobster 

23    die-off, we have obviously issues with different 

24    algal blooms, scallops at certain points 

25    intermittently are dying off.  


                                                               4247

 1                 But I rise to proudly recognize the 

 2    Friday before Memorial Day.  And as my colleague 

 3    from Long Island just mentioned, and invited 

 4    everyone to come down, in my district I don't 

 5    need to invite anybody when it's summertime.  So 

 6    come this Memorial Day weekend, the population in 

 7    the town where I live triples, and even more so 

 8    on the South Fork.  

 9                 So people understand the beauty of 

10    the bucolic east end of Long Island and the 

11    Long Island Sound.  But more importantly, where I 

12    live, this body of water is an economic engine 

13    for those residents -- commercial fishing, oyster 

14    farming, and the list goes on and on and on.

15                 And keep in mind the Long Island 

16    Sound is 21 miles wide at its widest points, 113 

17    miles long.  There's 600 miles of coastline along 

18    the Long Island Sound.  And as mentioned by 

19    Senator Martinez, $9 billion worth of economy 

20    every year.  Five hundred thousand boats are 

21    registered in the area of Long Island Sound, and 

22    nearly 750,000 recreational fishermen utilize 

23    this extraordinary resource.  Not including, of 

24    course, all those commercial fishermen who for 

25    generations have made a living on the sound.  


                                                               4248

 1                 So I proudly vote aye, 

 2    Madam President, and I thank the sponsor again 

 3    for bringing this to the floor.  I look forward 

 4    to not being able to make a left turn out of my 

 5    driveway starting Friday.  

 6                 (Laughter.)

 7                 SENATOR PALUMBO:   But I am also 

 8    going to be celebrating the Long Island Sound.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 Senator Mayer on the resolution.

13                 SENATOR MAYER:   Thank you, 

14    Madam President.  

15                 Thank you, Senator Martinez and my 

16    colleagues, for all talking about this important 

17    day.  

18                 I think we might have to change the 

19    name to the Long Island-Westchester Sound, 

20    ultimately, because almost all of my district 

21    abuts the sound.  And like my colleagues, the 

22    sound is a source of not only recreation, parks 

23    and fun, but a tremendous economic driver for the 

24    entire south shore of Westchester.  

25                 Last year I was proud to convene a 


                                                               4249

 1    meeting of Assemblymembers and Senators, all 

 2    representing portions where the sound hits their 

 3    district -- from Westchester through the Bronx, 

 4    parts of Queens that are indirectly affected, out 

 5    to Long Island -- to see how we can work together 

 6    to ensure and continue the improvement of the 

 7    water in the sound, which we all agree has made 

 8    tremendous strides.  

 9                 So this bipartisan waterway, which 

10    affects all of us, I just encourage my 

11    colleagues:  Please come to Playland, it opened 

12    on Friday.  It is a beautiful place on the sound, 

13    the most historic park in all of New York State.  

14    Proud to have it in Rye.  

15                 But all of the sound is a joyful 

16    place that we are very proud of the quality of 

17    the water, the quality of the environment, and 

18    the quality of the fun and economic development 

19    it brings to our communities.  

20                 I vote aye.  Thank you, 

21    Senator Martinez.

22                 ACTING PRESIDENT PERSAUD:   Thank 

23    you, Senator.

24                 The resolution was adopted on 

25    May 14th.


                                                               4250

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Thank you, 

 3    Madam President.  

 4                 Let's move on to previously adopted 

 5    Resolution 1840, by Senator Hinchey, read that 

 6    resolution's title and recognize Senator Hinchey.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Resolution 1840, by 

10    Senator Hinchey, memorializing Governor Kathy 

11    Hochul to proclaim May 2024 as Lyme Disease 

12    Awareness Month in the State of New York.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Hinchey on the resolution.

15                 SENATOR HINCHEY:   Thank you, 

16    Madam President.  I am proud to rise today to 

17    declare May 2024 Lyme Disease Awareness Month in 

18    the State of New York.

19                 New York State does a lot of things 

20    really well, but one of the things we don't do 

21    well is track data on Lyme cases, both Lyme 

22    disease and other tick-borne illnesses.  We know 

23    that New York State ranks as one of the highest 

24    states in the country as it pertains to 

25    tick-borne illnesses and Lyme disease, and yet 


                                                               4251

 1    here at the state we only have data back through 

 2    2020.  

 3                 But what that data says -- I 

 4    represent the Hudson Valley -- is that of our 

 5    four counties, Columbia, Greene, Ulster and 

 6    Dutchess, all four rank in the top 10 counties 

 7    with the worst cases of Lyme disease, with Greene 

 8    and Columbia ranking first and second and Ulster 

 9    and Dutchess ranking fifth and sixth.  I can tell 

10    you I'm sure those numbers have changed; Dutchess 

11    and Ulster are probably higher in that list 

12    today.

13                 Personally, just this season alone, 

14    now that we've gotten a new puppy, we have had 

15    multiple ticks in our house that we find almost 

16    every day, because the findings of ticks has 

17    increased dramatically.  This is caused by 

18    weather changing, it's caused by surroundings.  

19    Ticks are coming further up north, and we have 

20    many of them.  And yet there's no real research 

21    done in how we can combat Lyme disease and other 

22    tick-borne illnesses.  

23                 Everyone in the Hudson Valley, but 

24    really probably across the state, knows someone 

25    who has been negatively impacted by a tick bite.  


                                                               4252

 1    And we have a responsibility in this state not 

 2    just to do more as it pertains to research, but 

 3    to raise awareness of this so that fewer people 

 4    are negatively impacted.

 5                 What the awareness month does for 

 6    May is it encourages people to understand what 

 7    they should do should they find a tick.  If 

 8    you're enjoying the great outdoors, of which we 

 9    are so lucky to have here in New York so many 

10    incredible parks and pathways and fields, so many 

11    things to do outside -- but what you do is you 

12    come back home, put your clothes in a drier 

13    immediately.  Check your pets.  Make sure that 

14    you're wearing light-colored clothing if you go 

15    outside.  

16                 Awareness month will make sure that 

17    we are starting to really combat the prevalence 

18    of ticks and tick-borne illnesses across the 

19    state.  

20                 I'm proud to sponsor this 

21    resolution, and I vote aye.  

22                 Thank you, Madam President.

23                 ACTING PRESIDENT PERSAUD:   Thank 

24    you, Senator.  

25                 Senator Mannion on the resolution.


                                                               4253

 1                 SENATOR MANNION:   Thank you, 

 2    Madam President.  

 3                 Thank you to Senator Hinchey for 

 4    bringing this resolution to the floor.

 5                 You know, I think all of us have in 

 6    some way been impacted by Lyme disease.  We have 

 7    a family member or a friend who has suffered from 

 8    the symptoms of it.

 9                 Often Lyme disease leaves no mark, 

10    there is no bull's-eye from the tick bite that 

11    occurs.  It is difficult to diagnose.  In fact, 

12    there is no definitive test to diagnose someone 

13    with Lyme disease.  There is no vaccine for 

14    humans for Lyme disease.  So the challenges are 

15    great.  And also the symptoms of Lyme disease 

16    mimic many other diseases.  

17                 So we have to make sure that we do 

18    things like we're doing today to shine a light on 

19    Lyme disease and other co-infectors, other 

20    viruses that are tick-borne -- I mean, viruses 

21    that are tick-borne, beyond the bacteria that 

22    causes Lyme disease.

23                 So I'm proud to say that near my 

24    district, Upstate Medical Center has a biovector 

25    lab which was designed just to take in ticks that 


                                                               4254

 1    were found in the region and have them tested.  

 2    But they've honestly taken on detection of ticks 

 3    from around the world that get sent to them.  

 4                 Finally I'd just like to say that we 

 5    need to remove the stigma from people who have 

 6    chronic Lyme disease, which dramatically impacts 

 7    their ability to thrive, their ability to work, 

 8    and their ability to be as active as they once 

 9    were.

10                 I thank you, Madam President, and I 

11    thank Senator Hinchey for bringing the 

12    resolution.  I proudly vote aye.

13                 ACTING PRESIDENT PERSAUD:   Thank 

14    you, Senator.

15                 The resolution was adopted on 

16    February 27th.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Next up is 

19    previously adopted Resolution 2068, by 

20    Senator Rolison.  Please read its title and 

21    recognize Senator Rolison.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Secretary will read.

24                 THE SECRETARY:   Resolution 2068, by 

25    Senator Rolison, congratulating the Our Lady of 


                                                               4255

 1    Lourdes High School Girls Basketball Team upon 

 2    the occasion of capturing the 2024 New York State 

 3    Public High School Athletic Association 

 4    Basketball Class AAA Championship on March 17, 

 5    2024.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Rolison on the resolution.

 8                 SENATOR ROLISON:   Thank you, 

 9    Madam President.

10                 Today I was looking forward to 

11    congratulating in person Our Lady of Lourdes 

12    Girls Basketball Team, but because of school 

13    commitments they could not make the trip.  That 

14    is more important than being up here.  

15                 So I wanted to read into the record 

16    this afternoon, Madam President, about our great 

17    Lady Warriors from Our Lady of Lourdes 

18    High School, which is in the Town of 

19    Poughkeepsie.  

20                 And as it was stated, they won the 

21    Class AAA State Championship held on Sunday, 

22    March 17, 2024, at Hudson Valley Community 

23    College.  They had a record of 24 and 1.  And 

24    they beat the Section III Liverpool High School 

25    champs in a very decisive victory with a final 


                                                               4256

 1    score of 69-54.  It was their first title since 

 2    2004.

 3                 And, you know, we know that athletic 

 4    competition helps to enhance both the moral and 

 5    physical development of young athletes.  It 

 6    prepares them for the future by instilling in 

 7    them the importance of teamwork, encouraging a 

 8    standard of healthy living, and developing a 

 9    sense of fair play and competition.

10                 And this team really just lit the 

11    season on fire with how they played together, 

12    they overcame diversity, and they made it to the 

13    championship.

14                 Their coach, Al Viani, and 

15    Assistant Coaches Jessica Paden and Wayne Neal, 

16    who I recently just saw a couple of weekends ago, 

17    just so excited for the Lady Warriors.

18                 And as I said, it was their first 

19    title since 2004.  Big defensive team, Simone 

20    Pelish, who was an outstanding player for the 

21    Lady Warriors, in that particular game had 

22    33 points to move them to the final spot and to 

23    get them to be state champions.  

24                 And Madam President, thank you for 

25    letting me read this into the record.  I will be 


                                                               4257

 1    presenting this resolution to the Lady Warriors 

 2    in the very near future at the school.  And I'll 

 3    be voting aye.

 4                 Thank you, Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you, Senator.

 7                 The resolution was adopted on 

 8    April 3rd.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Madam President, 

11    the sponsors are opening all of the resolutions 

12    we took up today for sponsorship.

13                 ACTING PRESIDENT PERSAUD:   The 

14    resolutions are open for cosponsorship.  Should 

15    you choose not to be a cosponsor, please notify 

16    the desk.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   There's a report 

19    of the Finance Committee at the desk.  Can we 

20    take that up now, please.  

21                 ACTING PRESIDENT PERSAUD:   The 

22    Secretary will read.

23                 THE SECRETARY:   Senator Krueger, 

24    from the Committee on Finance, reports the 

25    following nominations:  


                                                               4258

 1                 As Secretary of State, Walter T. 

 2    Mosley; 

 3                 As executive director of the 

 4    Dormitory Authority, Robert J. Rodriguez.

 5                 SENATOR GIANARIS:   I move to accept 

 6    the report of the Finance Committee and ask that 

 7    you recognize Senator Krueger.

 8                 SENATOR KRUEGER:   I thought we were 

 9    missing a part.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Gianaris.

12                 SENATOR GIANARIS:   I'm sorry, 

13    Senator Krueger, I apologize.  I'm told we are 

14    redoing the order of business.  

15                 We're going to take up the calendar 

16    first, and then we'll return for the nominees.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Secretary will read.

19                 THE SECRETARY:   Calendar Number 86, 

20    Senate Print 2862A, by Senator Martinez, an act 

21    to amend the Real Property Tax Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.  


                                                               4259

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 56.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    148, Senate Print 1979A, by Senator Cleare, an 

11    act in relation to requiring the Empire State 

12    Development Corporation to study the economic 

13    impact of optimizing and creating kitchen 

14    incubators in New York State.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect immediately.  

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 56.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               4260

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    278, Senate Print 1936, by Senator Comrie, an act 

 4    to amend the Public Authorities Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 56.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    353, Senate Print 7780A, by Senator Brouk, an act 

19    to amend the Public Health Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect on the 30th day after it 

24    shall have become a law.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4261

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Brouk to explain her vote.

 5                 SENATOR BROUK:   Thank you, 

 6    Madam President.  

 7                 Today we move forward with our 

 8    commitment to making our state a safer place to 

 9    give birth by passing this bill to identify what 

10    makes a doula-friendly healthcare provider.  

11                 We already know that doulas who 

12    provide non-medical emotional, physical and 

13    informational support to birthing people before, 

14    during and after birth can significantly improve 

15    health outcomes for both the mother and the 

16    newborn baby.  

17                 This bill is going to help New York 

18    develop a standard for doula-friendly hospitals 

19    and healthcare facilities as a way to prioritize 

20    patient choice and patient satisfaction and of 

21    course to improve maternal and infant health.  

22                 This bill directly speaks to the 

23    challenges identified by the New York State Doula 

24    Pilot Program and feedback offered by community 

25    doulas through the Department of Health's Doula 


                                                               4262

 1    Medicaid Services Benefit Stakeholder Meetings.

 2                 In particular, this legislation will 

 3    expand the state's knowledge of the ways that 

 4    doulas are and maybe are not welcome in the 

 5    healthcare system.  Because for doulas to save 

 6    lives and improve outcomes, they need to be 

 7    welcome in every corner of New York State as an 

 8    integral part of every birthing care team.  

 9                 A doula-friendly designation makes 

10    sense.  It makes sense for hospitals and other 

11    care centers who are striving to provide quality 

12    care.  It makes sense for doctors and nurses on 

13    the frontlines of working with patients.  It 

14    makes sense for doulas themselves.  And most 

15    importantly, it makes sense for birthing people 

16    and the babies throughout New York State.  

17                 We should all want doula-friendly 

18    hospital designation to be a gold standard for 

19    medical care here in New York, and I am grateful 

20    to this body for this continuing work to expand 

21    doula access.  

22                 I vote aye.  Thank you.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Brouk to be recorded in the affirmative.

25                 Announce the results.


                                                               4263

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    458, Senate Print 4534, by Senator Harckham, an 

 6    act to amend the Transportation Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect one year after it shall 

11    have become a law.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Oberacker to explain his vote.

17                 SENATOR OBERACKER:   Thank you, 

18    Madam President.  

19                 As the ranking member on 

20    Transportation, I'd like to thank 

21    Senator Harckham for bringing this very important 

22    bill forward.  

23                 As I travel around the seven 

24    counties that I represent in the 51st Senate 

25    District, I can speak unequivocally that -- and I 


                                                               4264

 1    know that the Senator had my best interest and my 

 2    health in mind when he brought this forward, so 

 3    Senator, thank you.  As I travel around, fog 

 4    lines are going to be and are extremely, 

 5    extremely important.  

 6                 And it just kind of harkens back to 

 7    a conversation I had with my wife as I was coming 

 8    back late at night, and she said to me, she says, 

 9    "Do you have trouble staying awake?"  And I said, 

10    "But for two things, the deer and the fog, I can 

11    stay awake very, very easily."

12                 So again, Senator, thank you.  It 

13    makes sense.  Sometimes in Albany we get it 

14    right.  

15                 I proudly vote aye.  Thank you.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Oberacker to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   Ayes, 58.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    546, Senate Print 2450, by Senator Krueger, an 

24    act to amend the Penal Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               4265

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect on the first of November.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Krueger to explain her vote.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Madam President.  

11                 We've dealt with this bill before.  

12    I'm hoping this is the year we can get it through 

13    both houses at the same time.  

14                 We all understand that technology is 

15    changing everything about our lives.  We talk 

16    about the impact of AI, we talk about internet, 

17    we talk about stolen IDs, fraudulent computer 

18    images.  This is just a simple bill that I think 

19    is critically important.  

20                 People are being harassed through 

21    texts and emails.  They're not asking for this 

22    information, they're not asking for information 

23    to be spread falsely about them.  And it's 

24    incredibly damaging, particularly to young people 

25    who may find themselves being stalked, having 


                                                               4266

 1    photo images of themselves spread around, being 

 2    threatened by total strangers via email and texts 

 3    and other now old forms of technology; forget the 

 4    newer ones we still don't understand.  

 5                 So this would actually increase the 

 6    penalties for aggravated harassment in the second 

 7    degree on these issues.  And it's a law I believe 

 8    is important because we've had some questions in 

 9    court about whether we have the authority to go 

10    after these kinds of abuses.

11                 So I'm going to thank my colleagues 

12    in advance for supporting me on this bill and 

13    hopefully, again, this will be the year.  

14    Sometimes we have struggles between one house or 

15    the other house.  So let's hope we get it across 

16    the finish line.

17                 I vote yes, Madam President.  Thank 

18    you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Krueger to be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 546, voting in the negative are 

24    Senators Brisport and Salazar.  

25                 Ayes, 56.  Nays, 2.


                                                               4267

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    819, Assembly Bill Number 9254, by 

 5    Assemblymember Weprin, an act to amend 

 6    Chapter 395 of the Laws of 2008.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.  

13                 (The Secretary called the roll.) 

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 58.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    831, Assembly Print Number 9505, by 

21    Assemblymember McMahon, an act to amend the 

22    Family Court Act.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4268

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 58.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    862, Senate Print 8881, by Senator Sanders, an 

12    act to amend the Executive Law.

13                 ACTING PRESIDENT PERSAUD:   Read the 

14    last section.

15                 THE SECRETARY:   Section 4.  This 

16    act shall take effect on the 30th day after it 

17    shall have become a law.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 58.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.  


                                                               4269

 1                 THE SECRETARY:   Calendar Number 

 2    978, Senate Print 2907, by Senator Persaud, an 

 3    act to amend the Education Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 12.  This 

 7    act shall take effect 18 months after it shall 

 8    have become a law.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 58.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    981, Senate Print 4447, by Senator Fernandez, an 

19    act to amend the Education Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               4270

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1012, Senate Print 6433, by Senator Mannion, an 

 9    act to amend the Mental Hygiene Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect on the 120th day after it 

14    shall have become a law.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1017, Senate Print 4970, by Senator Jackson, an 

25    act in relation to directing the Division of 


                                                               4271

 1    Housing and Community Renewal to study non-rental 

 2    fees charged by landlords.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.  

12                 THE SECRETARY:   In relation to 

13    Calendar 1017, those Senators voting in the 

14    negative are Senators Ashby, Borrello, 

15    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

16    Lanza, Martins, Mattera, Murray, Oberacker, 

17    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

18    Tedisco and Weik.  Also Senator Weber.

19                 Ayes, 38.  Nays, 20.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1082, Senate Print 8739, by Senator Mattera, an 

24    act to amend the General Business Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               4272

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect on the 30th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 59.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1085, Senate Print 27, by Senator Stec, 

15    Concurrent Resolution of the Senate and Assembly 

16    proposing an amendment to Section 1 of Article 14 

17    of the Constitution.  

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll on the resolution.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Stec to explain his vote.

23                 SENATOR STEC:   Thank you, 

24    Madam President.  

25                 I want to thank the chamber for 


                                                               4273

 1    their support again on this constitutional 

 2    amendment.  You've all heard me, probably more 

 3    times that you'd care to, rant about the effect 

 4    that prison closures have around the state, 

 5    upstate in particular.  

 6                 I've talked several times about my 

 7    community, my very large Senate district, the 

 8    impact that it has that when there's no plan, the 

 9    state allows it to go fallow and it becomes a 

10    blight on the community.  

11                 Inside the Blue Line we have that 

12    added level of we need a constitutional amendment 

13    to move property.  And this constitutional 

14    amendment will allow that process to take place.  

15    You all know how involved a constitutional 

16    amendment is.  It's very difficult.  We have to 

17    pass it in two different sessions.  

18                 But you've always supported it; I 

19    appreciate that.  We've done it every one of the 

20    four years that I've been here, and I think 

21    Senator Little had it a year or two in advance of 

22    that.  

23                 We're hoping that this year the 

24    Assembly passes it as well.  That's the holdup.  

25    But again, this is -- you know, these properties 


                                                               4274

 1    don't age well when they sit fallow like this.  

 2    This will allow -- if the state doesn't want it, 

 3    no one wants it, it might have marketability in 

 4    the private sector, but we can't sell it without 

 5    this constitutional amendment.  

 6                 So I vote in the affirmative.  And I 

 7    thank you and my colleagues, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Stec to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   Ayes, 59.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1107, Senate Print 3196, by Senator Mannion, an 

16    act to amend the Mental Hygiene Law.

17                 ACTING PRESIDENT PERSAUD:   Read the 

18    last section.

19                 THE SECRETARY:   Section 4.  This 

20    act shall take effect April 1, 2025.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               4275

 1                 THE SECRETARY:   Ayes, 59.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1108, Senate Print 3354, by Senator Skoufis, an 

 6    act to amend the Executive Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1108, those Senators voting in the 

18    negative are Senators Borrello, Helming, Murray, 

19    O'Mara, Ortt and Weik.

20                 Ayes, 53.  Nays, 6.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1113, Senate Print 5801A, by Senator Liu, an act 

25    to amend the Public Officers Law.


                                                               4276

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 3.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1113, those Senators voting in the 

12    negative are Senators Borrello, 

13    Canzoneri-Fitzpatrick and Rhoads.  

14                 Ayes, 56.  Nays, 3.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1136, Senate Print 8336, by Senator Borrello, an 

19    act to amend the Parks, Recreation and Historic 

20    Preservation Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.  

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               4277

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1136, voting in the negative:  

 7    Senator Skoufis.

 8                 Ayes, 58.  Nays, 1.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1143, Senate Print 1687A, by Senator Hinchey, an 

13    act to amend the Executive Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the first of July.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               4278

 1                 THE SECRETARY:   Calendar Number 

 2    1146, Senate Print 1148, by Senator Krueger, an 

 3    act to amend the Election Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1146, those Senators voting in the 

15    negative are Senators Gallivan, Helming, 

16    Oberacker and Skoufis.

17                  Ayes, 55.  Nays, 4.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1148, Senate Print 2298, by Senator Mayer, an act 

22    to amend the Election Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4279

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

 2    shall have become a law.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.  

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1148, voting in the negative:  

10    Senator Lanza.

11                 Ayes, 58.  Nays, 1.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1161, Senate Print 9276, by Senator Gianaris, an 

16    act to amend the Criminal Procedure Law.

17                 SENATOR LANZA:   Lay it aside.

18                 ACTING PRESIDENT PERSAUD:   Lay it 

19    aside.

20                 THE SECRETARY:   Calendar Number 

21    1196, Senate Print 5361A, by Senator Mannion, an 

22    act granting retroactive membership with Tier IV 

23    status in the New York State Teachers' Retirement 

24    System to Peter Guarino.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               4280

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Announce 

 8    the results.

 9                 THE SECRETARY:   Ayes, 59.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is passed.

12                 Senator Gianaris, that completes the 

13    reading of today's calendar.

14                 SENATOR GIANARIS:   Madam President, 

15    I believe there is still a report of the 

16    Finance Committee at the desk.  Let's take that 

17    up again.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Secretary will read.

20                 THE SECRETARY:   Senator Krueger, 

21    from the Committee on Finance, reports the 

22    following nominations:  

23                 Walter T. Mosley, as Secretary of 

24    State; 

25                 Robert J. Rodriguez, as 


                                                               4281

 1    Executive Director of the Dormitory Authority.

 2                 SENATOR GIANARIS:   I move to accept 

 3    the report of the Finance Committee, and please 

 4    recognize Senator Krueger.  

 5                 ACTING PRESIDENT PERSAUD:   All 

 6    those in favor of accepting the Finance Committee 

 7    report signify by saying aye.  

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT PERSAUD:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT PERSAUD:   The 

13    report of the Finance Committee is accepted.

14                 Senator Krueger.

15                 SENATOR KRUEGER:   Thank you very 

16    much, Madam President.  

17                 So we know that it's the time of 

18    year when nominees start to come to us from the 

19    Governor, and we have two more important 

20    positions today that have moved through their 

21    appropriate committees.  Both Walter Mosley -- 

22    who's here with his wife Julie, his daughter 

23    Allyson, his son Sebastien, his mother Marilyn, 

24    and his father Walter.  I got it right?  

25    Excellent.  


                                                               4282

 1                 And who -- also with Robert 

 2    Rodriguez, who I think is not here with family 

 3    today.  Thank you.

 4                 So those of us who have served in 

 5    the Senate or even those of us who may have 

 6    served in the Assembly earlier and then come to 

 7    the Senate can say that we know both of these men 

 8    from their past public service as 

 9    Assemblymembers.  

10                 I'm not really going to speak in 

11    detail about them because we have other members 

12    who want to.  But the fact is taking on 

13    responsibilities for both DASNY and also for the 

14    Secretary of State office are critical positions.  

15                 And as legislators, we actually deal 

16    with these agencies all the time.  We often make 

17    complaints to these agencies all the time.  And I 

18    know, from knowing both of them and having spoken 

19    to them before the committee meetings and then 

20    through the interview process, that both men do 

21    understand that they are taking on positions 

22    where there are frustrations out there in the 

23    public, and frustrations sometimes among 

24    legislators that we need to make sure their 

25    agencies are getting things done.  


                                                               4283

 1                 And I believe that both men know 

 2    exactly what they're walking into, having been 

 3    legislators before, on the other side of the desk 

 4    perhaps.  And I'm very pleased that they both 

 5    want to continue in public service for the State 

 6    of New York and use the skills they have already 

 7    fine-tuned in their previous careers in and out 

 8    of government to take on these responsibilities.

 9                 And with that, I do certainly hope 

10    that all of my colleagues will support them in 

11    the vote this afternoon.  They certainly had more 

12    than enough votes to move through the committee 

13    process.

14                 Thank you, Madam President.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 Senator Comrie on the nominations.

18                 SENATOR COMRIE:   Thank you, 

19    Madam President.  

20                 I rise today to support the 

21    nominations of both Robert Rodriguez and 

22    Walter Mosley to their positions in DASNY and as 

23    Secretary of State.  

24                 They both have been young men who 

25    have been clearly focused on making sure that 


                                                               4284

 1    this state is a better place, doing things in 

 2    their previous capacities to ensure that minority 

 3    needs were focused on, that they are continuing 

 4    to now serve in positions that are very important 

 5    to many of us.  

 6                 I still have DASNY projects that 

 7    haven't been done yet, so you'll be hearing from 

 8    all of us a lot.

 9                 (Laughter.)

10                 SENATOR COMRIE:   And for the 

11    Secretary, we have a lot of projects that have 

12    been done and need to be forwarded.  And I look 

13    forward to working with you, Walter.  You've 

14    always been -- both of you have always been great 

15    communicators, people that like to get along with 

16    people, people that understand the need to have 

17    an argument to get things done or in order to 

18    find the right way to get things done.  

19                 So I appreciate both of your 

20    temperaments.  I appreciate your service and your 

21    continued commitment to public service.  And I 

22    want to thank the Governor for finding two young 

23    men that we can all work with.

24                 Thank you, Madam President.  

25                 ACTING PRESIDENT PERSAUD:   Thank 


                                                               4285

 1    you, Senator.

 2                 Senator Serrano on the nominations.

 3                 SENATOR SERRANO:   Thank you very 

 4    much, Madam President.  

 5                 And I'd like to congratulate the two 

 6    nominees and thank the Governor for putting forth 

 7    two tremendous individuals.  I have had the 

 8    pleasure of knowing both for many, many years.  

 9    And Mr. Mosley, to you and your family, it's 

10    always been a pleasure to know you.  

11                 And Robert Rodriguez, where do I 

12    begin?  I could say that I've known him for a 

13    thousand years, because -- but then that would 

14    make me sound really old, so I'm not going to do 

15    that.  

16                 (Laughter.)

17                 SENATOR SERRANO:   But known him for 

18    quite a while.  

19                 And both came up through similar 

20    paths, both Hayesmen from Cardinal Hayes 

21    High School -- different years, but did come up 

22    through that.  And knew him back when he was on 

23    the community board in East Harlem and then as an 

24    Assemblymember, my counterpart as State Senator, 

25    representing East Harlem.  


                                                               4286

 1                 He was a wonderful colleague to work 

 2    with, someone who cared deeply about history, who 

 3    cared deeply about East Harlem and its place in 

 4    the cultural fabric of the City of New York.  And 

 5    it was really wonderful to have had that 

 6    opportunity to work with you.  

 7                 Your years as Secretary of State 

 8    have been tremendous as well.  And I congratulate 

 9    you and look forward to your work in this new 

10    chapter within your life.  

11                 So congratulations, both.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you, Senator.

14                 Senator Bailey on the nominations.

15                 SENATOR BAILEY:   Thank you, 

16    Madam President.  

17                 Congratulations to the nominees.  It 

18    is an excellent choice -- choices by the Governor 

19    to nominate these two gentleman, who quite 

20    frankly could be doing other things.  And I spoke 

21    about that with one of her other nominees.  I 

22    think the bellwether test about great public 

23    servants is great public servants are people who 

24    do public service because they love to do it, as 

25    opposed to have to do it.  


                                                               4287

 1                 Both of these gentlemen could be 

 2    doing other things that are more lucrative in 

 3    many other ways, but they're choosing to serve 

 4    us, which is a testament to who they are and 

 5    their dedication to not just their respective 

 6    previous districts but to the people of the great 

 7    State of New York.  

 8                 And, you know, I was a former staff 

 9    member, and I'll often talk about how 

10    Shelley Mayer is one of my favorite people in the 

11    world because she treated me the same when I was 

12    a staff member as she does when I was a member.  

13                 And that's the same for these two 

14    gentlemen.  You can tell a lot about people from 

15    how they treat people that they don't have to 

16    treat in a certain way.  And both of these 

17    gentlemen treated me with the utmost respect 

18    regardless of what my title was or what.  

19                 And I think that attitude, that 

20    mentality, that thought process, that dedication, 

21    that care, that trust that they have will serve 

22    our state very well.  

23                 And so to both of you, Mr. President 

24    and Mr. Secretary of State, I congratulate you 

25    both, I thank you both and look forward to 


                                                               4288

 1    working with you both very much in the future.  

 2    Congratulations to you and your families.  

 3                 Thank you, Madam President.  I vote 

 4    aye.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you.

 7                 Senator Murray on the nominations.

 8                 SENATOR MURRAY:   Thank you, 

 9    Madam President.  

10                 First, I'll start by saying 

11    congratulations to both nominees.  

12                 But I will say, once again, we are 

13    in the process of voting for multiple candidates 

14    with one up or down vote.  Now, earlier in the 

15    year we've taken votes on judgeships and 

16    different commissioners and board member 

17    positions on different agencies, and I voted no 

18    on those.  

19                 Last week we had two nominees, and I 

20    voted yes.  And someone said to me, Well, what 

21    was the difference?  

22                 Well, the earlier no votes were not 

23    a protest.  While I don't think the system is 

24    good when we're doing it this way, they weren't 

25    protest votes.  It was because they were 


                                                               4289

 1    candidates that I simply didn't think should be 

 2    confirmed, and that's why I voted no.

 3                 Last week the candidates I thought 

 4    were terrific.  They were very good and will do a 

 5    great job for New York, so I voted yes.  I 

 6    think that's the case this week too.  

 7                 I've had the honor and privilege of 

 8    working with both of these gentlemen in the 

 9    Assembly.  Recently, Secretary Rodriguez and I 

10    have worked together on a living shores project 

11    in Patchogue and started working on another 

12    project in Mastic Beach.  And he's just been a 

13    pleasure to work with.  I think he's going to do 

14    a great job with the Dormitory Authority.  

15                 And former Assemblyman Mosley, I 

16    look forward to working with him.  On the floor, 

17    he was always very passionate in the Assembly.  

18    He cares about public service.  I think he is the 

19    perfect choice for this position, and I hope and 

20    look forward to working with him too on this 

21    project in Mastic Beach.  

22                 But both of those gentlemen are 

23    great.  They will be just -- they will do a great 

24    job for the State of New York and the people of 

25    New York, and so I'm pleased to vote aye to both.


                                                               4290

 1                 Thank you.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you, Senator.

 4                 Senator Mayer on the nominations.

 5                 SENATOR MAYER:   Thank you, 

 6    Madam President.  

 7                 I also rise, like so many of my 

 8    colleagues, to support both of these nominees, 

 9    both of whom I have known since we served 

10    together in the Assembly.  

11                 Robert Rodriguez I knew before he 

12    was a community activist, which always gets high 

13    marks around here before you get into public 

14    service.  

15                 I would like to say that with both 

16    nominees, I have personally raised the need for 

17    the people who hold these positions to be 

18    extremely responsive to everyone in this chamber 

19    and in the Assembly.  We all really need their 

20    help.  

21                 My experience with Robert Rodriguez 

22    as Secretary of State is that he's jumped in to 

23    help me on issues of hearing aids -- people don't 

24    realize what the Secretary of State's office 

25    does -- on issues of coastal management.  There's 


                                                               4291

 1    a range of issues, and I look forward to working 

 2    with Walter Mosley in as equally a vibrant and 

 3    strong way.  And I have his assurance that he 

 4    will be as responsive to the needs of us as 

 5    individual members.  

 6                 And I would say the same for DASNY.  

 7    We need a president of DASNY who responds to us, 

 8    who knows that we come in the best of goodwill to 

 9    try to resolve problems.  And with both of these 

10    men I am very confident they will do these jobs 

11    in a way that makes the state proud and is 

12    responsive to the needs of our constituents.  

13                 So I proudly vote aye on both.  

14                 Thank you, Madam President.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.  

17                 Senator Ryan on the nominations.

18                 SENATOR RYAN:   Thank you, 

19    Madam President.  

20                 It's my pleasure to rise and support 

21    these two wonderful nominees who are committed 

22    and dedicated public servants.  And I know 

23    they're going to do a great job.  

24                 Thank you, Robert, for the work that 

25    you have done traveling the state, really helping 


                                                               4292

 1    to upgrade the Department of State.  And I know 

 2    you're going to do a great job at DASNY.  

 3                 And to Walter and Julie and to the 

 4    rest of your family, what a great honor to be 

 5    nominated by the Governor for this position.  And 

 6    I'll say one thing I know for sure, is good 

 7    things come out of the New York State Assembly.

 8                 (Laughter.)

 9                 SENATOR RYAN:   I vote aye.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Liu on the nominations.

12                 SENATOR LIU:   Madam President, 

13    thank you for recognizing me.

14                 I very rarely speak about the people 

15    we're about to confirm.  I can say that Walter 

16    Mosley, he's all right.  And Robert Rodriguez, 

17    he's all right too.  

18                 And with that -- oh, maybe I'll just 

19    say just a little bit more.

20                 I want to say that Walter is the 

21    proud son of a fiery leader in Brooklyn, 

22    Marilyn Mosley.  She should be super proud.  And 

23    he's also the proud father of an Asian-American 

24    daughter.  And I've known Walter for many, many 

25    years.  He's going to do us proud as Secretary of 


                                                               4293

 1    State.  

 2                 And Robert Rodriguez, a lot's been 

 3    said about him already.  Just don't forget, 

 4    Old-Timers Day, 111th Street, stickball.  Maybe 

 5    you want to come a little early to get some 

 6    practice swings in.

 7                 (Laughter.)

 8                 SENATOR LIU:   Thank you, 

 9    Madam President.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 Call the roll on the nominations.

13                 (The Secretary called the roll.)

14                 THE SECRETARY:   Ayes, 59.   

15                 Oh, excuse me.  In relation to the 

16    nominations, voting in the negative:  

17    Senator Ortt.  

18                 Ayes, 58.  Nays, 1.

19                 ACTING PRESIDENT PERSAUD:   The 

20    nominees are confirmed.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Let's give them 

23    a round of applause, shall we?  

24                 (Standing ovation.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               4294

 1    Gianaris.

 2                 SENATOR GIANARIS:   Now let's take 

 3    up the controversial calendar, please.  

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Secretary will ring the bell.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    1161, Senate Print 9276, by Senator Gianaris, an 

 9    act to amend the Criminal Procedure Law.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Lanza, why do you rise?

12                 SENATOR LANZA:   Madam President, I 

13    believe there's an amendment at the desk.  I 

14    waive the reading of that amendment and ask that 

15    you recognize Senator Palumbo.

16                 ACTING PRESIDENT PERSAUD:   Thank 

17    you, Senator.  

18                 Upon review of the amendment, in 

19    accordance with Rule 6, Section 4B, I rule it 

20    nongermane and out of order at this time.

21                 SENATOR LANZA:   Madam President, 

22    accordingly, I appeal the ruling of the chair and 

23    ask that Senator Palumbo be heard on that appeal.

24                 ACTING PRESIDENT PERSAUD:   The 

25    appeal has been made and recognized, and Senator 


                                                               4295

 1    Palumbo may be heard.

 2                 Senator Palumbo.

 3                 SENATOR PALUMBO:   Thank you, 

 4    Madam President.  

 5                 So in the past few weeks we've seen 

 6    some decisions from the Court of Appeals, one of 

 7    course in particular that has turned the rules of 

 8    evidence on its head.  And I can say with respect 

 9    to the bill-in-chief, this is something that was 

10    clearly done in response to the Harvey Weinstein 

11    decision.  And the intent of this bill, myself 

12    and I think I speak for my conference, 

13    unequivocally is supported by our conference.  

14                 Now, the reason why we have a 

15    hostile amendment on this bill is to strike and 

16    replace simply based upon the language of that 

17    bill.  And we have to get into this a little 

18    deeper to understand the nuance of this, because 

19    the decision was based upon admission of prior 

20    bad acts under a case from 1901 called People v. 

21    Molineux.  And so under the Molineux Rule, as 

22    it's called, you can sometimes bring in prior 

23    evidence to prove certain conduct -- to prove 

24    motive, intent, absence of mistake or accident, 

25    the identity of the perpetrator, or a common 


                                                               4296

 1    scheme where there's almost a signature aspect to 

 2    the crime.

 3                 So in the Weinstein case, what I 

 4    would submit, evidence was admitted that is 

 5    classic Molineux.  His defense was -- and again, 

 6    you all know what I did for a living for many 

 7    years.  His defense was that these were sexual 

 8    favors for professional favors.  Consent.  

 9                 And the witnesses were brought in to 

10    establish that no, this is a pattern of conduct 

11    that Harvey Weinstein engaged in, and he would 

12    assault and rape women.  And this is the 

13    so-called acquaintance rape which was addressed 

14    in the decision.

15                 Now, going to germaneness, my bill, 

16    9445, is simply a codification of People v. 

17    Molineux.  It is exactly -- this has been law for 

18    over a hundred years.  And what that does is that 

19    allows -- the prosecutor must provide that 

20    evidence and proof that it goes to any of those 

21    factors, as I said.  

22                 And then the court must then, after 

23    finding that not only is that evidence relevant, 

24    but that evidence goes to some of those specific 

25    items -- and that, more importantly, there's a 


                                                               4297

 1    balancing test of probative value of that 

 2    evidence toward what they're looking to achieve 

 3    versus its prejudicial effect on the defendant, 

 4    which is critical.

 5                 Because you're not allowed in the 

 6    State of New York to bring in evidence to prove 

 7    what's called propensity.  Meaning because this 

 8    defendant has committed a bunch of other crimes, 

 9    they probably did this.  That's not how it works.  

10    In our system of justice we have a fair system, 

11    and we have due process rights.  And you can't 

12    say this individual committed several robberies 

13    over the course of many years and therefore, 

14    jury, he probably did this one too.  That's not 

15    how it works.  That's called propensity evidence.  

16                 So my bill is just a simple 

17    codification of Molineux, which we know is 

18    constitutional without question.  It's been law, 

19    it's been tested for over 100 years -- 123 years 

20    that's been the law in this state.  

21                 And now here's the wrinkle.  The 

22    underlying bill, the bill-in-chief, is 

23    essentially an adoption of the bill that was 

24    Assemblywoman Paulin's for -- it's been around I 

25    believe for several years, a few years at 


                                                               4298

 1    least -- that is a codification, a New York 

 2    version of the Federal Rules of Evidence 

 3    Section 413.

 4                 Now, I know this is a bit nuanced, 

 5    Madam President, but this is a very serious 

 6    issue.  And obviously we want to get this right.  

 7    Because quite frankly, if we don't pass a 

 8    constitutional statute, we're doing nothing for 

 9    victims of sexual assault and rape to fix this 

10    gaping hole in our rules of -- in our criminal 

11    justice as a whole in New York State.

12                 Now, Rule 413, "Similar Crimes in 

13    Sexual Assault Cases:  (a) Permitted Uses" -- 

14    this is the actual rule of evidence -- "In a 

15    criminal case in which a defendant is accused of 

16    sexual assault, the court may admit evidence that 

17    the defendant committed any other sexual assault.  

18    This evidence may be considered on any matter to 

19    which it is relevant."  That's the federal rule.

20                 The bill-in-chief actually says -- 

21    and this is at line 7, Section 1:  "In a criminal 

22    proceeding in which a defendant is accused of a 

23    sexual offense, the court may admit evidence that 

24    the defendant committed any other sexual offense. 

25    Such evidence may be considered on any matter to 


                                                               4299

 1    which it is relevant, including to prove that the 

 2    defendant acted in conformity therewith" -- which 

 3    I believe in my humble opinion is okay -- "or had 

 4    a propensity to engage in similar wrongful acts." 

 5                 Nowhere in that federal rule is the 

 6    word "propensity" in the statute.  In fact, we've 

 7    had a little bit of interaction with -- you know, 

 8    on social media and in the media.  And just this 

 9    morning I was reading that a law school professor 

10    at Albany Law, Professor Vin Bonventre, agreed 

11    that there were constitutional challenges that 

12    would likely be met with this new statute, and I 

13    quote:  "'We're going to tell you about the 

14    evidence that he's committed this before'" -- as 

15    I just explained.  "'That's so terribly unfair,' 

16    Bonventre said. 'I think the Court of Appeals 

17    would, and I think it should, throw that out as a 

18    matter of basic fundamental constitutional 

19    fairness.'"

20                 So, Madam President, the reason why 

21    this is not only germane, it's essentially the 

22    exact same rule that we're looking to implement 

23    into law -- but I would suggest to yourself and 

24    my colleagues that my version is unequivocally 

25    constitutional.  We know that for a fact.  This 


                                                               4300

 1    one may not be.  We don't know.  I pray that it 

 2    is constitutional.  But in the event that it is 

 3    not, as I mentioned earlier, we will be doing 

 4    nothing to protect those victims that we're all 

 5    seeking to protect with this actual bill right 

 6    now.

 7                 So for those reasons, Madam 

 8    President, I think the germaneness is quite 

 9    obvious.  But more importantly, this is simply 

10    going to codify a pretty restrictive law.  And 

11    this is another important thing to consider, that 

12    the Federal Rules of Evidence are a floor.  

13    Right?  When we have federal law comes down, 

14    that's a floor of rights.  You can extend more.  

15                 And that's the thing.  As a 

16    practitioner for so many years in this state, 

17    speaking of myself, that the rules with respect 

18    to this type of evidence have been expanded 

19    actually in favor of the accused, that you can't 

20    bring in propensity evidence, as I said, to just 

21    say, Well, they did it before, they probably did 

22    this.  That's not how it works.  And it's a very, 

23    very limited circumstance where you can bring in 

24    a prior bad act to prove that someone is not -- 

25    that their conduct is consistent with prior acts.  


                                                               4301

 1                 So, Madam President, for those 

 2    reasons I respectfully request that my colleagues 

 3    and yourself vote to strike and replace, just a 

 4    simple fix, because this is too important an 

 5    issue for us to get it wrong.

 6                 Thank you.

 7                 ACTING PRESIDENT PERSAUD:   Thank 

 8    you, Senator.

 9                 I wish to remind the house that the 

10    vote is on the procedures of the house and the 

11    ruling of the chair.  

12                 Those in favor of overruling the 

13    chair, signify by saying aye.

14                 (Response of "Aye.")

15                 SENATOR LANZA:   Show of hands.

16                 ACTING PRESIDENT PERSAUD:   A show 

17    of hands has been requested and so ordered.

18                 Announce the results.

19                 THE SECRETARY:   Ayes, 20.

20                 ACTING PRESIDENT PERSAUD:   The 

21    ruling of the chair stands, and the bill-in-chief 

22    is before the house.

23                 Senator Palumbo.

24                 SENATOR PALUMBO:   Thank you, 

25    Madam President.  Just on the bill, please.  


                                                               4302

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Palumbo on the bill.

 3                 SENATOR PALUMBO:   Well, thank you, 

 4    Madam President.  I do appreciate it.  And I'm 

 5    sure you were listening very intently as to my 

 6    comments with respect to the constitutionality of 

 7    this particular bill, of which I'm very 

 8    concerned.

 9                 But I think it's important for us to 

10    talk a little bit about how we got here and why 

11    we're now putting forward a bill that I believe 

12    is rushed, I believe this is a scramble -- sadly, 

13    for political reasons, not the right reasons.  

14    And we got here because we now have a Court of 

15    Appeals and a Chief Judge who's legislating from 

16    the bench.  

17                 And now this was forecast, quite 

18    obviously, as you may recall -- and I'm sure you 

19    do.  And for those of my colleagues that I had to 

20    sue to deal with the Hector LaSalle, I'm sure 

21    you're all over that.  But we had a confirmation 

22    process where we saw constitutional gymnastics 

23    and in fact a violation of the Constitution to 

24    not confirm Justice LaSalle and to confirm 

25    someone who we know is not only a progressive 


                                                               4303

 1    activist, but let's keep in mind in the 

 2    Harkenrider v. Hochul case, he dissented when it 

 3    came to congressional maps and said, and I quote:  

 4    "It is important to pay close attention to the 

 5    wording of the Constitution.  It does not 

 6    prohibit the creation or maintenance of districts 

 7    that are highly partisan in one direction or the 

 8    other."

 9                 So we all recall, because we were 

10    here, those of us that lived through it, that my 

11    colleagues said that's the guy for me.  So we got 

12    Rowan Wilson on the bench for political reasons.  

13    And it was also forecast that when it came to 

14    sexual assault and rape, he was an ideologue.  He 

15    did not recall victims or think of victims.  

16                 Because in People v. Regan only a 

17    few weeks before his confirmation hearing, he 

18    dismissed a rape case for a 48-month pretrial 

19    delay, no prejudice to the defendant.  There's a 

20    case, there were Taranovich factors -- I won't 

21    get in the weeds, but the bottom line is the 

22    Taranovich case said that you can take into 

23    account certain factors, but there is no statute 

24    of limitations on rape.  And he basically created 

25    a new standard and dismissed a rape conviction.


                                                               4304

 1                 And here we stand again with a 

 2    sexual assault case before us, or I should say 

 3    legislation to deal with another dismissal of a 

 4    rape conviction.

 5                 So, Madam President, this bill, at 

 6    line 9, the fact that it allows evidence to 

 7    prove, quote, a propensity to engage in similar 

 8    wrongful acts, is extremely problematic.  And I 

 9    have very significant concerns because there is 

10    no question that this statute is going to be 

11    challenged.  We have very capable lawyers on both 

12    sides in the State of New York.  

13                 And I think it's quite obvious what 

14    this Court of Appeals is going to do when they 

15    get an opportunity to decide on a statute 

16    allowing prior bad acts to be admitted to show 

17    propensity.

18                 So this is a very nuanced thing, and 

19    this is something that we need to fix.  But we 

20    need to fix it right.  Because when you look at 

21    the conduct of this Chief Judge -- we have a 

22    redistricting case, we have a judge recuse 

23    themselves -- by the way, those judges are 

24    confirmed by this body, for those who don't 

25    remember -- and then we have a judge who has 


                                                               4305

 1    previously ruled on that same issue in favor of 

 2    or similar to the outcome that the Chief Judge 

 3    wants, that person gets vouched in -- not 

 4    confirmed by the Senate, by the way -- and 

 5    they're making decisions in the highest court of 

 6    the land in the State of New York.

 7                 And what happens?  It goes, and 

 8    strikingly, surprisingly, the Chief Judge is in 

 9    the majority of a decision that threw those maps 

10    out.  Which I think was the intent of putting him 

11    on the bench.

12                 But now we just have the snowball 

13    effect of a disaster, where he's now vouching in 

14    two other judges.  And just a quick comment on 

15    that.  One of the judges that was vouched in -- 

16    again, not confirmed -- Judge Barros, ruled on a 

17    Molineux issue in the People v. Telfair case, 

18    where a defendant was caught with a gun in a 

19    pillowcase on a plane and he said, "Oh, that's my 

20    girlfriend's gun."  The detectives believed his 

21    story, never charged him.  

22                 Shortly after that, he's caught with 

23    another gun.  "It's my girlfriend's gun."  

24    Ultimately pled guilty to criminal possession of 

25    a weapon as a misdemeanor.  So it wasn't his 


                                                               4306

 1    girlfriend's gun, it was his.

 2                 Fast forward to New York, and here 

 3    we are, Mr. Telfair is charged with another gun 

 4    possession, and guess what he says?  I know, it's 

 5    rhetorical.  "It's my girlfriend's gun."  

 6                 So what does the prosecution do?  

 7    They bring in classic Molineux, where they said 

 8    this is not a mistake, this wasn't an accident, 

 9    the gun -- I believe it was multiple guns were in 

10    the vehicle because he knew they were there.  He 

11    possessed those guns knowingly and voluntarily.

12                 And Judge Barros actually -- and 

13    ironically, the majority decision in the 

14    Second Department was written by none other than 

15    our friend Hector LaSalle.  But Judge Barros 

16    dissented and said that was too far and issued a 

17    similar decision to Weinstein that she would have 

18    dismissed the case because it was inadmissible, 

19    or vacated the conviction because of inadmissible 

20    Molineux-type evidence.  

21                 So, Madam President, we have a judge 

22    willing to do anything to basically -- I mean, 

23    you could call it stacking the court.  I call it 

24    manipulating the vote.  He's got an idea in his 

25    head as to how he wants an outcome to end up, and 


                                                               4307

 1    then cherry-picks around the state different 

 2    judges that will agree with him.

 3                 Because just -- by the way, that 

 4    vouching-in rule I believe was exercised about 

 5    five times prior to last year in the history of 

 6    the State of New York.  Now we see it on a 

 7    regular basis.  And remarkably, we're getting 

 8    outrageous results and actually someone who's 

 9    legislating from the bench when they should 

10    actually be just deciding the law in accordance 

11    with precedent and case law.

12                 So, Madam President, I pray that 

13    this is constitutional, because we need to do 

14    something now to fix what's broken.  We have 

15    other issues with pretrial delay.  This isn't 

16    going to be the end of it because of the bench 

17    that I'm afraid my colleagues wanted and all 

18    voted for.

19                 But regarding this issue at hand, I 

20    do support this.  I pray that it's constitutional 

21    because we need to fix this and fix it right.  

22                 Thank you very much, 

23    Madam President.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you, Senator.  


                                                               4308

 1                 Are there any other Senators wishing 

 2    to be heard?

 3                 Senator Martins.

 4                 SENATOR MARTINS:   I'll explain my 

 5    vote.

 6                 ACTING PRESIDENT PERSAUD:   Are 

 7    there any other Senators wishing to be heard?

 8                 Seeing and hearing none, debate is 

 9    closed.

10                 Senator Gianaris.  

11                 SENATOR GIANARIS:   Madam President, 

12    we've agreed to restore this to the 

13    noncontroversial calendar.  

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    will be restored to the noncontroversial 

16    calendar.

17                 Read the last section.

18                 THE SECRETARY:   Section 2.  this 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Martins to explain his vote.

25                 SENATOR MARTINS:   Thank you, 


                                                               4309

 1    Madam President.

 2                 You know, I'm struck by the fact 

 3    that the decision of the Court of Appeals was a 

 4    4-3 decision, that there are three justices of 

 5    the Court of Appeals that actually got it right, 

 6    that decided this case keeping the best interests 

 7    of New Yorkers and of the victims of these crimes 

 8    first and foremost.  And yet although two Court 

 9    of Appeals justices recused themselves, the chief 

10    justice chose to bring up two justices who sided 

11    with him and another judge and in a 4-3 decision 

12    forced this body and this Legislature to consider 

13    a piece of legislation that will protect the 

14    victims of sexual crimes in New York.  

15                 Now, this body appointed this judge 

16    not too long ago, the chief judge.  And at the 

17    time we had a discussion in this body about the 

18    need to have a law-and-order judge and not a 

19    judge that was an activist judge that would be 

20    pro-criminal but someone who would actually 

21    prioritize the victims, the law, and the 

22    residents of this state.

23                 So, Madam President, I rise to 

24    support this bill, but I must lament the fact 

25    that we are even here and need this.  Because if 


                                                               4310

 1    we had appointed a appropriate judge just a few 

 2    months ago, the decision of this Court of Appeals 

 3    would not require us to be here debating a bill.

 4                 I expect that this bill is going to 

 5    pass unanimously.  I do.  But I do think it's 

 6    also important that we all take a moment to 

 7    understand the consequences of votes that take 

 8    place on this floor when it comes to justices or 

 9    judges of the Court of Appeals and the politics 

10    behind those.  

11                 Madam President, there is even a 

12    quote, there's a quote that was made to the 

13    New York Post on April 23rd.  It was that "Rowan 

14    Wilson is among the highest legal intellects I 

15    have ever encountered and has an approach to 

16    decision-making that reflects the best of what 

17    our society deserves."  The best of what our 

18    society deserves.  

19                 Madam President, I believe 

20    New Yorkers deserve better.  The women of 

21    New York deserve better.  I vote aye, but I think 

22    it's important that we recognize what happened 

23    here on this floor and avoid it happening again.

24                 Thank you.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               4311

 1    Martins to be recorded in the affirmative.

 2                 Senator Gianaris to explain his vote 

 3    and to close.

 4                 SENATOR GIANARIS:   Thank you, 

 5    Madam President.  And thanks to my colleagues for 

 6    the discussion on this bill.

 7                 What we're doing today is dealing 

 8    with an ongoing injustice in our criminal legal 

 9    system.  For the last 123 years, evidence of 

10    prior bad acts in all cases, but particularly in 

11    sexual offenses, were not admissible in most 

12    cases, with some exceptions.

13                 For 300 years, including 

14    three-quarters of the last century, the sexual 

15    history of female victims in these cases was let 

16    in.  And it was often the main defense for 

17    someone charged to put the woman's character on 

18    trial.  No restrictions to talking about how 

19    often she would engage in sexual activity -- not 

20    crimes, by the way, just consensual sexual 

21    activity.  

22                 Okay, you say thank God we now have 

23    rape shield laws, so we don't do that anymore.  

24    Or do we?  In 2024, as we sit here today, 

25    New York State law -- which we should fix, by the 


                                                               4312

 1    way -- allows evidence to be admitted against the 

 2    complainant of a sexual offense if they were 

 3    convicted of a crime of prostitution in the last 

 4    three years.  

 5                 Now, I ask you, what the hell does 

 6    that have to do with whether somebody was raped 

 7    or assaulted two or three years later?  And I 

 8    don't see any of you sponsoring that bill if 

 9    you're so concerned about not letting in previous 

10    acts that are unrelated to the current situation.  

11                 You also can let in prior history 

12    with the defendant.  So if someone had an ongoing 

13    consensual relationship with someone, but then at 

14    some point it turned to nonconsensual, you can 

15    admit all of that prior history to make the case 

16    that the victim is not credible.

17                 And so we have a system right now 

18    that victimizes the victims again.  And so I do 

19    think it's fair to say let us balance the scales 

20    of justice as it relates to these offenses only, 

21    because these are very unique.  

22                 These cases often involve -- more so 

23    than in any other crime -- involve one person's 

24    word against another.  This is activity that 

25    takes place behind closed doors.  And a jury is 


                                                               4313

 1    often left with shrugging its shoulders, not 

 2    knowing who to believe.  

 3                 Oftentimes it doesn't even get that 

 4    far because prosecutors don't bring the cases.  

 5    This is in fact the most undercharged set of 

 6    crimes that we have in our system.

 7                 And so I do think that the same way 

 8    the federal government and 16 other states have 

 9    been doing for about three decades in this 

10    country, we can say for this specific set of 

11    crimes it is illustrative to the jury who to 

12    believe in a situation like that where you don't 

13    have much more evidence about consent.

14                 It's been the case federally for 

15    30 years.  I don't know what courses 

16    Senator Palumbo is taking to keep up with his CLE 

17    credits, but maybe he wants to take some on this 

18    issue, because that rule has been challenged 

19    constitutionally multiple times in multiple 

20    circuits throughout the country, always upheld as 

21    constitutional.  And in fact those decisions use 

22    the very word "propensity" to describe what the 

23    federal rule allows.

24                 The key in those cases is that there 

25    is language that allows a judge to weigh the 


                                                               4314

 1    probative value versus the prejudicial effect and 

 2    to reject the evidence if the prejudice outweighs 

 3    the probative value.  That is exactly the 

 4    language we have in this bill.

 5                 The last thing I would say, because 

 6    my political colleagues across the aisle decided 

 7    to try and turn this into a discussion that we 

 8    had months ago about our Court of Appeals -- to 

 9    be clear, the Court of Appeals interpreted the 

10    law as it exists.  You may not like the law as it 

11    exists.  I apparently don't, because I'm putting 

12    this bill forward to change the law.  We never 

13    had a statute on this question in New York.  This 

14    has all been based on case law that flowed from a 

15    123-year-old case.

16                 And so what we're doing now is 

17    giving some clarity statutorily as to what we 

18    want to allow and what we don't want to allow in 

19    these cases in New York.  

20                 So let's not sit there and try and, 

21    you know, bring up old grudges on this.  Because 

22    in fact the bill on the hostile amendment that 

23    was proposed by the other side is exactly the 

24    standard that exists now.  All Senator Palumbo 

25    did was take the Molineux standard that this 


                                                               4315

 1    case law has been talking about for 123 years and 

 2    put it on a piece of paper and put it forward as 

 3    a bill.

 4                 It would change absolutely nothing.  

 5    And so if a court finds that the current state of 

 6    common law required this outcome, they would 

 7    exactly find the same outcome if this bill were 

 8    to be enacted.

 9                 So let's for once try and focus on 

10    the right priorities.  For me, that is making 

11    sure that victims of sexual assaults and sexual 

12    offenses in our state are treated respectfully, 

13    get to tell their stories, and we balance the 

14    scales of justice as it relates to these cases in 

15    New York.

16                 Thank you, Madam President.  I vote 

17    yes.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Gianaris to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1161, those Senators voting in the 

23    negative are Senators Brisport, Gonzalez, Rivera 

24    and Salazar.

25                 Ayes, 55.  Nays, 4.


                                                               4316

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 Senator Gianaris, that completes the 

 4    reading of today's calendar.

 5                 SENATOR GIANARIS:   Thank you, 

 6    Madam President.  

 7                 Returning to motions for a moment.  

 8                 On behalf of Senator Sanders, on 

 9    page 46, I offer the following amendments to 

10    Calendar Number 577, Senate 1731C, and ask that 

11    said bill retain its place on the Third Reading 

12    Calendar.

13                 ACTING PRESIDENT PERSAUD:   The 

14    amendments are received, and the bill will retain 

15    its place on the Third Reading Calendar.

16                 Senator Gianaris.  

17                 SENATOR GIANARIS:   Is there any 

18    further business at the desk?

19                 ACTING PRESIDENT PERSAUD:   There is 

20    no further business at the desk.

21                 SENATOR GIANARIS:   I move to 

22    adjourn until tomorrow, Thursday, May 23rd, at 

23    11:00 a.m.

24                 ACTING PRESIDENT PERSAUD:   On 

25    motion, the Senate stands adjourned until 


                                                               4317

 1    Thursday, May 23rd, at 11:00 a.m.

 2                 (Whereupon, at 5:25 p.m., the Senate 

 3    adjourned.)

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