Regular Session - May 22, 2024
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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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
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25
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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:
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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.
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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
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1 Thursday, May 23rd, at 11:00 a.m.
2 (Whereupon, at 5:25 p.m., the Senate
3 adjourned.)
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