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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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8
9 ALBANY, NEW YORK
10 February 6, 2017
11 3:33 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, 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 GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask all present to please
11 bow your heads in a moment of silent prayer and
12 reflection.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Sunday,
18 February 5th, the Senate met pursuant to
19 adjournment. The Journal of Saturday,
20 February 4th, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal will stand approved as
24 read.
25 Presentation of petitions.
525
1 Messages from the Assembly.
2 The Secretary will read.
3 THE SECRETARY: On page 10,
4 Senator Rivera moves to discharge, from the
5 Committee on Rules, Assembly Bill Number 368 and
6 substitute it for the identical Senate Bill 971,
7 Third Reading Calendar 4.
8 ACTING PRESIDENT GRIFFO: The
9 substitution is so ordered.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports of state
14 officers.
15 Motions and resolutions.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Yes, I
18 understand there's a report of the Judiciary
19 Committee at the desk.
20 ACTING PRESIDENT GRIFFO: There is
21 a report of the Judiciary Committee before the
22 desk.
23 SENATOR DeFRANCISCO: Will the
24 Secretary please read it.
25 ACTING PRESIDENT GRIFFO:
526
1 Secretary, please read the report.
2 THE SECRETARY: Senator Bonacic,
3 from the Committee on Judiciary, reports the
4 following nomination:
5 Rowan Wilson, to serve as Associate
6 Judge of the Court of Appeals.
7 SENATOR DeFRANCISCO: Would you
8 please call on Senator Bonacic.
9 ACTING PRESIDENT GRIFFO: Senator
10 Bonacic.
11 SENATOR BONACIC: Thank you,
12 Mr. President.
13 Earlier today, the Judiciary
14 Committee met and considered the nomination of
15 Rowan Wilson to serve as an Associate Judge of
16 the Court of Appeals for a term commencing
17 February 6, 2017, and expiring February 5, 2031.
18 Mr. Wilson is with us in the
19 gallery today, and he's joined by his bride,
20 Grace, and their daughters, Isabel, Anna, and
21 Elinor.
22 He's a resident of Port Washington,
23 New York, which is where our Senator Elaine
24 Phillips resides, and is a constituent, as I
25 said, of Senator Phillips.
527
1 Pursuant to the provisions of
2 Section 2 of Article 6 of the Constitution and
3 the provisions of Section 68 of the Judiciary
4 Law, the Judiciary Committee has reported his
5 nomination to the floor with unanimous approval.
6 Mr. Wilson graduated cum laude from
7 both Harvard and Harvard Law School, and he can
8 practice law both in New York and California.
9 He has spent the past 30 years at
10 Cravath, Swaine and Moore, and has been a partner
11 since 1992. He is a litigator with a focus on
12 commercial law, antitrust, securities fraud,
13 civil rights and employment matters. Prior to
14 that, he had a two-year clerkship for the
15 Honorable James R. Browning, chief judge of the
16 United States Court of Appeals for the
17 Ninth Circuit in California.
18 Throughout his career, Mr. Wilson
19 has focused on giving back to the community and
20 has led the firm's pro bono work. He serves as
21 the chair of the Neighborhood Defender Services
22 of Harlem, since 1996, which provides legal
23 services to the residents of upper Manhattan. In
24 addition, he serves on the board of Wide Horizons
25 for Children, which helps disadvantaged children.
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1 Based on the committee's review of
2 the candidate, I think Governor Cuomo has
3 nominated an impressive judicial nominee who has
4 a wealth of experience and intellect to bring to
5 our highest court. He was reported to the floor
6 by the Senate Judiciary Committee unanimously,
7 and I urge you all to join me in support to
8 confirm the nomination of Rowan Wilson to serve
9 as Associate Judge of the Court of Appeals.
10 Thank you.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Bonacic.
13 Senator Phillips on the nomination.
14 SENATOR PHILLIPS: Yes, I'd like to
15 second this nomination. And I'd also like to
16 make a comment.
17 So I am pleased to second the
18 nomination of my constituent, Rowan Wilson, to
19 the New York State Court of Appeals. This is an
20 outstanding appointment by Governor Cuomo. And
21 I'd like to take this opportunity to compliment
22 my conference and my colleagues for practicing
23 good government.
24 Mr. Wilson is immensely qualified,
25 as you've heard. All of us on the Judiciary
529
1 Committee had the opportunity to speak with him
2 earlier today, and he was very impressive and
3 forthcoming.
4 Mr. Wilson is the first
5 Long Islander to be on the state's highest court
6 in more than two decades. Bringing that
7 perspective and voice is important to the court's
8 balance.
9 Mr. Wilson, I am sure you are very
10 proud of this moment, and I congratulate you and
11 your family and especially those beautiful
12 daughters of yours.
13 As a resident of Port Washington,
14 I'm sure you're very familiar with the phrase
15 "pride of Port." Well, today you are the pride
16 of Port. Congratulations. You are a credit to
17 our community, and we are all very, very proud.
18 Congratulations on this very
19 well-earned and much-deserved honor. Best of
20 luck in your new position, and it's an honor to
21 support you and represent you in the State
22 Senate.
23 Thank you.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Phillips.
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1 Senator Bailey.
2 SENATOR BAILEY: Thank you,
3 Mr. President.
4 I rise in support of the nominee,
5 Mr. Wilson, as well. I had the opportunity, like
6 my colleagues Senator Bonacic and Senator
7 Phillips, to meet this very impressive gentleman
8 in the Judiciary Committee earlier today, and
9 many things struck me about him: His calm
10 demeanor, his extremely impressive educational
11 background -- Harvard College and Harvard Law
12 School.
13 But what struck me the most, and the
14 reason why I'm in such strong support and the
15 reason why I chose to rise today to say why I'm
16 going to support Mr. Wilson is simply this. I
17 was asking about his extracurricular activities,
18 so to speak: Aside from your education and your
19 professional experience, what makes you a
20 qualified candidate for the bench?
21 His first answer wasn't to talk
22 about the Neighborhood Services of Harlem or it
23 wasn't to talk about all of the great things he
24 does outside of the office. The very first thing
25 he said is that the three young ladies behind me,
531
1 his daughters, that's who he spends time with.
2 That's who he washes dishes and does laundry for.
3 And as the chairperson of washing
4 dishes and laundry in my own home --
5 (Laughter.)
6 SENATOR BAILEY: -- I can really
7 relate to that, and I can really appreciate that
8 somebody who puts their family first will
9 definitely put the State of New York first, and
10 they will not put their own personal agenda first
11 in terms of the highest court in the State of
12 New York.
13 So I rise in strong support of you,
14 Mr. Wilson, and your family as well. It's an
15 honor and a pleasure that we have somebody like
16 you serving on our state's highest court. Thank
17 you, and I look forward to your esteemed career
18 on the bench.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Bailey.
21 Senator Hoylman.
22 SENATOR HOYLMAN: Thank you,
23 Mr. President.
24 I rise also to urge our colleagues
25 to support the nomination of Mr. Rowan Wilson,
532
1 and I wanted to thank our esteemed colleague from
2 across the aisle for ushering this nomination
3 through.
4 I think we were all struck by
5 Mr. Wilson's intelligence and his incredible
6 academic background. But as my colleague noted,
7 that was coupled with his humility and his very
8 calm demeanor, which I think will portend great
9 things on the bench -- someone who not only has
10 the gray matter but also has the heart and
11 ability to listen to other voices than his own.
12 You know, Mr. Wilson has had an
13 incredible legal career, the legal career frankly
14 I wish I would have had. Top law school, top
15 clerkship, top law firm, top clients. I mean,
16 you kind of wonder why he's willing to do this
17 job.
18 And if you think about it, that also
19 speaks volumes about him. His first half of his
20 career was spent in the private sector; his
21 second half of his career is going to be spent in
22 public service. And I think that's a great role
23 model for lawyers young and old alike throughout
24 the State of New York.
25 So I congratulate the Governor for
533
1 his terrific appointment of Mr. Rowan Wilson and
2 urge everyone to support him as well.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Senator Hoylman.
6 Is there any other member that
7 wishes to be heard? I will recognize Senator
8 DeFrancisco to close.
9 SENATOR DeFRANCISCO: Yes, it's my
10 honor to stand in support of this nomination.
11 And it's particularly significant
12 because it's the first time this year that I am
13 going to agree with Senator Hoylman.
14 (Laughter.)
15 SENATOR DeFRANCISCO: That this is
16 an outstanding nominee and an outstanding nominee
17 with incredible credentials. And it's been
18 brought up by some questioning, Well, how can
19 someone go to the Court of Appeals without having
20 any prior judicial experience? Well, one word:
21 Litigator. He's a litigator.
22 If you can play the game, you can
23 referee too. Because playing the game teaches
24 you everything you need to know about being a
25 judge -- how to present your case, how to listen
534
1 to the other side, how to act in a proper
2 demeanor in order to provide fairness to both
3 sides of every issue. And that goes for appeals
4 courts as well as for trial courts.
5 The other thing I wanted to mention
6 is he must be very special, because the
7 Chief Judge of the Court of Appeals is here today
8 with him. And Judge DiFiore, we really
9 appreciate your being here. You honor us with
10 your presence and, obviously, your support.
11 The one thing I did want to mention
12 about this process is this. And I think it's
13 important for the world to see how the Senate in
14 the State of New York does business. Sometimes
15 we don't agree with things that the Governor
16 does. Sometimes we agree strongly, like in this
17 instance. But this was a process that was fair
18 to the individual, an individual who should not
19 be held up for any political reason or for a
20 political philosophy. On the other hand, he
21 should be based, as he was in this body, on his
22 qualifications and his fitness for the position
23 to which is he being confirmed.
24 So with that said, I want to thank
25 all of the members of this body for the way they
535
1 have treated this nomination in a professional
2 way, because this is going to benefit everyone in
3 the State of New York.
4 Thank you, Mr. President.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Senator DeFrancisco.
7 The question will be on the
8 nomination of Rowan Wilson to the New York State
9 Court of Appeals.
10 Senator Díaz.
11 SENATOR DÍAZ: Thank you,
12 Mr. President.
13 You know, I heard so many
14 compliments about Judge Wilson. I read his
15 resume, I read all what he has done, and he's an
16 outstanding candidate. He's a person that has
17 deserved to be on the bench in this position a
18 long time before. As a matter of fact, I was
19 reading an article written by Casey Seiler in the
20 Times Union, and he says that the State
21 Commission on Judicial Nominations, which
22 Assembles the list of potential nominees for
23 Cuomo to select from, made Wilson an option five
24 times before.
25 And I have to say, five times
536
1 before, this judge with outstanding
2 qualifications, with an outstanding reputation,
3 with a track record second to no one, was passed
4 over five times. The question is why. I know
5 there is a saying that it's better late than
6 never. But I have to say, I have to say
7 that this is a case, allow me to say, of open
8 discrimination.
9 This is a case where a minority, a
10 qualified minority with an outstanding record,
11 has been passed over five times. I congratulate
12 him for waiting and for the patience that he has
13 gotten. But that's a lesson to us, ladies and
14 gentlemen. We have to stop this. Judge Wilson
15 was supposed to be on the bench long before, a
16 long time before, but for whatever reason, he was
17 passed five times. And that is something
18 uncalled for.
19 But, as I said before, better late
20 than never. But it shouldn't have happened.
21 Thank you, Mr. President, and I
22 congratulate Judge Wilson on his nomination
23 today.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Díaz.
537
1 Senator Murphy.
2 SENATOR MURPHY: Thank you,
3 Mr. President.
4 I rise, Mr. Wilson, to say
5 congratulations, to you and your family, and we
6 wish you the best. I know you will be in
7 superior hands with your new boss that's right
8 behind you. So we wish you the best, and
9 congratulations.
10 ACTING PRESIDENT GRIFFO: Thank
11 you, Senator Murphy.
12 Again, the question will be on the
13 nomination of Rowan Wilson to the New York State
14 Court of Appeals.
15 Senator Avella, why do you rise?
16 SENATOR LaVALLE: Mr. President, I
17 wish to be recorded as abstaining from the vote
18 on the nomination, since I am the lead plaintiff
19 in a case that is currently before the Court of
20 Appeals.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Avella. In accordance with Rule 10,
23 Section 1B, your abstention is hereby granted and
24 so noted.
25 The question is on the nomination of
538
1 Rowan Wilson to the New York State Court of
2 Appeals. All in favor please signify by saying
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: Rowan
8 Wilson is hereby appointed Associate Judge of the
9 New York State Court of Appeals.
10 Congratulations, Mr. Wilson, and
11 best of luck.
12 (Standing ovation.)
13 ACTING PRESIDENT GRIFFO: The
14 Associate Judge, Mr. Wilson, is hereby confirmed
15 to the New York State Court of Appeals.
16 We welcome your family to the
17 chamber. We also welcome our Chief Judge DiFiore
18 to the chamber today and extend the courtesies of
19 the house to all of you. Thank you again.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Could you
22 please take up the noncontroversial reading of
23 the calendar.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number 4,
2 substituted earlier by Member of the Assembly
3 Sepulveda, Assembly Print 368, an act to amend
4 the Executive Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the same date and in the
9 same manner as a chapter of the Laws of 2016.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 54.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number 25,
17 by Senator Lanza, Senate Print 1214, an act to
18 amend the General Municipal Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section --
22 SENATOR DeFRANCISCO: Lay the bill
23 aside for the day, please.
24 ACTING PRESIDENT GRIFFO: Lay the
25 bill aside for the day.
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1 THE SECRETARY: Calendar Number 46,
2 by Senator Ortt, Senate Print 733, an act to
3 amend the Military Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 54.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number 47,
15 by Senator Funke, Senate Print 829, an act to
16 amend the Executive Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 54.
25 ACTING PRESIDENT GRIFFO: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number 55,
3 by Senator Little, Senate Print 1379B, an act to
4 establish.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number 63,
16 by Senator Marchione, Senate Print 196, an act to
17 amend the Criminal Procedure Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 54.
542
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 76,
4 by Senator Felder, Senate Print 1109, an act to
5 amend the Penal Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the first of November.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 54.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number 84,
17 by Senator Golden, Senate Print 27, an act to
18 amend the Criminal Procedure Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT GRIFFO: Senator
2 Golden to explain his vote.
3 SENATOR GOLDEN: Thank you,
4 Mr. President.
5 I rise on this bill hoping that my
6 colleagues will all vote for this bill and the
7 Assembly will also vote for this bill.
8 What this does, it stops the -- what
9 we see as allowing those that have been convicted
10 of felonies, those that have been convicted of 25
11 crimes, going into drug programs. And this
12 individual had five violent felonies. This is
13 Tyrone Howard that killed this great officer.
14 And that great officer has a hole in the heart of
15 his mother, his father, his family. It's sad,
16 the loss of that officer, and for no good reason,
17 because the prosecutor was denied the opportunity
18 to keep him in jail where he belonged.
19 So hopefully, God willing, that when
20 we do these drug treatments, that we allow these
21 people -- it's good for those that have a
22 misdemeanor, a felony. Once, twice, they get off
23 the beaten path, we get them back on the path.
24 But when you have a habitual felony criminal
25 that's out there on the street and we put him
544
1 into a program and allow him to stay on the
2 streets of the City of New York and of course
3 this state, we're doing a disservice to every man
4 and woman that serves in the police departments
5 across our great state, against our families that
6 represent these great, great officers.
7 And these officers have an
8 entitlement to go home at the end of the day, at
9 the end of their tour, to have a safe tour and to
10 be able to go home and enjoy their families. He
11 will never, ever get the opportunity to do that
12 in the future.
13 So I hope that my colleagues vote
14 aye. This is a great bill. And hopefully we
15 stop diverting individuals and sending them into
16 programs they should not be in, and that they are
17 in fact kept in jail if they are habitual felons.
18 ACTING PRESIDENT GRIFFO: Senator
19 Golden to be recorded in the affirmative.
20 Senator Rivera to explain his vote.
21 SENATOR RIVERA: Thank you,
22 Mr. President.
23 While I'm certainly supportive of
24 the efforts of Senator Golden and other folks in
25 this body to make sure that we keep folks safe
545
1 from folks that can put our folks at risk, I will
2 be voting in the negative on this particular
3 piece of legislation, Mr. President. Because I
4 believe that the way that it is written, it is a
5 little bit too broad, particularly as it refers
6 to two crimes that are nonviolent felonies.
7 Which could be, for example, drug offenses.
8 So I certainly believe that in the
9 case of the individual that committed the crime
10 against Officer Holder, that certainly that case
11 would require someone not to be sent to a
12 diversion program.
13 It is unfortunate, however, that as
14 far as I read this bill, it is -- the categories
15 that are created here are too broad. And in this
16 case we are talking about individuals that might
17 be accused of nonviolent crimes or that have been
18 convicted of nonviolent drug offenses, for
19 example, who are exactly the people that need
20 diversion programs.
21 So while I certainly am supportive
22 of the idea and of keeping individuals safe,
23 unfortunately I do not believe that this bill
24 actually does that, so I'll be voting in the
25 negative.
546
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Rivera to be recorded in the negative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 84, those recorded in the negative are
7 Senators Alcantara, Hoylman, Peralta, Rivera and
8 Squadron.
9 Ayes, 50. Nays, 5.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number 87,
13 by Senator Croci, Senate Print 902, an act to
14 amend the Mental Hygiene Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number 88,
547
1 by Senator Avella, Senate Print 1568, an act to
2 amend the Criminal Procedure Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 Senator DeFrancisco, that completes
14 the noncontroversial reading of today's
15 active-list calendar.
16 SENATOR DeFRANCISCO: There will be
17 an immediate meeting of the Rules Committee in
18 Room 332.
19 ACTING PRESIDENT GRIFFO: There is
20 an immediate meeting of the Rules Committee in
21 Room 332, immediate meeting of the Rules
22 Committee in Room 332.
23 The Senate will stand at ease.
24 (Whereupon, the Senate stood at ease
25 at 3:57 p.m.)
548
1 (Whereupon, the Senate reconvened at
2 4:15 p.m.)
3 ACTING PRESIDENT GRIFFO: The
4 Senate will return to order.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Could we
7 please return to motions and resolutions.
8 ACTING PRESIDENT GRIFFO: We will
9 return to motions and resolutions.
10 SENATOR DeFRANCISCO: And would you
11 please call on Senator Gianaris.
12 ACTING PRESIDENT GRIFFO: Senator
13 Gianaris.
14 SENATOR GIANARIS: Thank you,
15 Mr. President.
16 On behalf of Senator Rivera, I move
17 that the following bill be discharged from its
18 respective committee and be recommitted with
19 instructions to strike the enacting clause:
20 Senate Bill 1208.
21 ACTING PRESIDENT GRIFFO: It is so
22 ordered.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Supplemental
25 Calendar Number 9A is being distributed. And
549
1 while that is being done, there is a very special
2 announcement.
3 One of our members -- and I'll let
4 you guess who -- has turned 89. And we want to
5 wish Senator Larkin a happy birthday.
6 (Standing ovation.)
7 ACTING PRESIDENT GRIFFO: A very
8 happy birthday, Colonel Larkin, and God bless
9 you.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, it's my
12 understanding that there's a report of the
13 Rules Committee at the desk.
14 ACTING PRESIDENT GRIFFO: There is
15 a report of the Rules Committee at the desk.
16 SENATOR DeFRANCISCO: I move to
17 accept the report.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read the report.
20 THE SECRETARY: Senator Flanagan,
21 from the Committee on Rules, reports the
22 following bills:
23 Senate Print 2956A, by Senator
24 Boyle, an act to amend the Executive Law;
25 Senate 3505, by Senator Young, an
550
1 act to amend the Tax Law;
2 Senate 3550, by Senator Hamilton, an
3 act to amend the Mental Hygiene Law;
4 Senate 4067, by Senator Amedore, an
5 act to amend the Senate Civil Service Law;
6 Senate 4158, by Senator Felder, an
7 act to establish;
8 And Senate 4159, by Senator Seward,
9 an act to amend the Vehicle and Traffic Law.
10 All bills reported direct to third
11 reading.
12 ACTING PRESIDENT GRIFFO: There's
13 been a motion to accept the Rules report. All in
14 favor of accepting the Committee on Rules report
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GRIFFO: Opposed?
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 Committee on Rules report has been accepted and
21 is before the house.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes. Can we
24 take up, off of that Rules report and also
25 Supplemental Calendar 9A, Calendar Number 144.
551
1 ACTING PRESIDENT GRIFFO: We are
2 operating on Senate Supplemental Calendar 9A, and
3 the Secretary will read.
4 THE SECRETARY: Calendar Number
5 144, by Senator Boyle, Senate Print 2956A, an act
6 to amend the Executive Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Boyle to explain his vote.
16 SENATOR BOYLE: Mr. President, to
17 explain my vote.
18 This bill would allow familial
19 searches with DNA in the State of New York. It
20 came from a tragic case in Queens recently you
21 might have read about. A young woman, Karina
22 Vetrano, was raped and murdered this past summer,
23 just about six months ago. And as a result of
24 that, Karina's parents became fierce advocates
25 for the use of familial DNA testing in New York
552
1 State, which is currently not allowed.
2 Philip and Cathy Vetrano, in memory
3 of their daughter, advocated for this. I was
4 honored to sponsor the legislation with some of
5 my colleagues. Senator Addabbo, Senator Avella
6 and others are cosponsors.
7 And it's an important piece of
8 technology. We will catch criminals. We will
9 catch violent criminals. Right now we have exact
10 DNA matches, but we do not use familial DNA.
11 That will allow us to find male relatives -- the
12 father, the cousin, the brother, the son.
13 It's been used in other states like
14 California to catch a serial killer. Illinois,
15 they caught a serial rapist. It's been used in
16 England, it's been used in France. And it's time
17 for it to come to New York State.
18 I think that in memory of Karina
19 Vetrano and the support of the Vetrano family, we
20 should pass this legislation unanimously, if
21 possible, in both houses of Legislature.
22 And importantly, on February 10th,
23 the New York State Forensic Science Commission is
24 going to meet with their DNA subcommittee to make
25 a decision on using familial DNA searches in
553
1 New York State. By passage of this bill today,
2 we are sending a strong message to the commission
3 that it has strong bipartisan support here in the
4 State Senate to finally bring familial DNA to
5 New York State and make sure that we protect our
6 citizens and put the bad guys away and exonerate
7 the innocent, which will also come as a result of
8 this.
9 I vote strongly in favor,
10 Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Boyle to be recorded in the affirmative.
13 Senator Addabbo to explain his vote.
14 SENATOR ADDABBO: Thank you,
15 Mr. President.
16 First, I want to thank my colleague
17 Senator Boyle for his efforts on this issue for
18 many years, and for introducing this bill, which
19 I understand the origins of which are from the
20 murder of my constituent, Karina Vetrano, on
21 August 2, 2016.
22 As Senator Boyle mentioned, many
23 states have already used -- roughly 10 have
24 already used familial DNA with much success,
25 California since 2008. And we find that law
554
1 enforcement investigators also want us to use
2 familial DNA in our state. All five district
3 attorneys in New York City want familial DNA.
4 Our police commissioner, James O'Neill, wants our
5 state to use familial DNA.
6 And because of this bill we have the
7 opportunity to credibly use the technology we
8 have in our grasp to catch these murderers,
9 felons and rapists that are out there. And we
10 have the opportunity to help law enforcement to
11 ease the pain for the grieving families and for
12 everyone else -- because those murderers, felons
13 and rapists are out there -- for everyone else we
14 can get to protect our public safety.
15 So I want to thank this Senate body
16 on behalf of my constituents and the family, the
17 Vetrano family, for taking this step forward for
18 using familial DNA in our state. I'll be voting
19 in the affirmative.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Addabbo to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 144, those recorded in the negative are
555
1 Senators Bailey, Comrie, Dilan, Gianaris,
2 Hoylman, Parker, Persaud, Rivera and Squadron.
3 Ayes, 48. Nays, 9.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Excuse me. Also
7 Senator Peralta.
8 Ayes, 47. Nays, 10.
9 ACTING PRESIDENT GRIFFO: The bill
10 is still passed.
11 (Laughter.)
12 ACTING PRESIDENT GRIFFO: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: Can we now
15 take up Calendar Number 148, which is on Senate
16 Supplemental Calendar 9A.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 148, by Senator Felder, Senate Print 4158, an act
21 to establish.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 SENATOR GIANARIS: Lay it aside.
25 ACTING PRESIDENT GRIFFO: Lay it
556
1 aside.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, can we
4 now take up, on that same Calendar 9A, Calendar
5 Number 149.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 149, by Senator Seward, Senate Print 4159, an act
10 to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 23. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Seward to explain his vote.
20 SENATOR SEWARD: Yes, thank you,
21 Mr. President, to explain my vote.
22 This bill that we're passing at this
23 time establishes a comprehensive framework for
24 the operation of transportation network companies
25 outside of the City of New York. The insurance
557
1 provisions on the bill are largely reflective of
2 national agreement. To date, similar language
3 has been enacted in roughly 40 other states
4 around the country.
5 The bill provides for a number of
6 consumer protections and transparency in regard
7 to the TNC driver, the vehicle, and calculation
8 fares. It establishes requirements on
9 individuals who will qualify as TNC drivers, and
10 sets out specific disqualifiers related to an
11 individual's criminal and driving history.
12 ACTING PRESIDENT GRIFFO: Excuse
13 me, Senator Seward.
14 Can I have some order in the house,
15 please? Thank you.
16 Senator Seward.
17 SENATOR SEWARD: The bill also
18 provides workers' compensation insurance for
19 TNC drivers through the existing Black Car Fund.
20 It establishes a revenue stream for the Dedicated
21 Highway and Bridge Trust Fund as well as a local
22 transit assistance fund.
23 You know, there are many benefits to
24 ride sharing. Ride sharing protects consumer
25 choice, it responds to unmet market demands, it
558
1 supplies accessible and affordable transportation
2 options for underserved areas, it provides
3 economic opportunities, reduces drunk driving,
4 eases traffic congestion and curbs air pollution,
5 and provides for that last-mile solution to
6 commuters who are seeking to utilize existing
7 transit options.
8 Ride sharing is an emerging business
9 model and a transportation option. New York City
10 has it because of an agreement with the Taxi and
11 Livery Commission in the city and the ride
12 sharing companies. But the rest of the state is
13 clamoring for this option. This bill will give
14 them that option.
15 Mr. President. I vote aye.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Seward. You will be recorded in the
18 affirmative.
19 Senator Ranzenhofer to explain his
20 vote.
21 SENATOR RANZENHOFER: Thank you,
22 Mr. President.
23 I rise today in support of this
24 bill, and I'm just very happy today that we are
25 giving the green light to ride sharing.
559
1 You know, upstate New York is very
2 different than other parts of the state. And by
3 that I mean if you're in other parts of the
4 state, you can take a bus, you can take a subway,
5 there's very many ways of getting from Point A to
6 Point B. Whereas in our communities, there
7 really is not that type of transportation
8 available. You can't take a bus to get from one
9 community to another. There is no mass transit
10 in many of our communities. And this will
11 provide a way for people to be able to get
12 around.
13 You know, it's very hard for us to
14 say that New York is truly open for business when
15 we have not adopted ride sharing. Many other
16 states, many other cities have adopted it. And
17 it's really ironic that here we are passing this
18 today and giving it the green light the day after
19 the Super Bowl.
20 In many communities, you don't have
21 to get into your car after the Super Bowl. But
22 last night I was at an event, a Super Bowl party,
23 and the traffic, at a quarter to 11:00 or
24 11 o'clock at night, after people have been to
25 these parties, is just incredible.
560
1 So today is a very good day. As I
2 said, we are giving the green light to ride
3 sharing. It is long overdue. And I do want to
4 commend my colleague Senator Seward, as the head
5 of the Transportation Committee {sic}, for really
6 being a leading influence and addressing a lot of
7 these issues. So I vote yes, and hopefully this
8 is the first step to get this thing done.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Ranzenhofer to be recorded in the affirmative.
12 Senator Kennedy to explain his vote.
13 SENATOR KENNEDY: Thank you,
14 Mr. President. I rise to support this
15 legislation on ride sharing.
16 This piece of legislation helps to
17 close the upstate-downstate divide. It's quite
18 offensive to know that our friends and neighbors
19 in the City of New York have access to
20 ride-sharing services but those of us in upstate,
21 where we have very unique transportation needs,
22 do not have that same access to ride sharing.
23 This legislation closes that
24 loophole. It brings upstate New York into the
25 21st century. This is a new technological
561
1 advancement, it's a new transportation
2 advancement that's used not only all over the
3 United States, it's used all over the world.
4 As an upstater, as a Buffalonian,
5 we're not able to use this ride-sharing service
6 because of the fact that this Legislature hasn't
7 gotten its act together. Today we take a step in
8 the right direction to ensure that ride sharing
9 is available across this entire state.
10 It allows the City of Buffalo, which
11 today, on the heels of Super Bowl Sunday, still
12 is the largest city in the nation without ride
13 sharing services available. It's also the only
14 NFL city without ride-sharing services available.
15 And we are promoting tourism and we're promoting
16 economic activity throughout Buffalo, Western
17 New York, and all of upstate. And the fact that
18 ride-sharing services doesn't exist to this point
19 is unacceptable and it has to change.
20 With this legislation, it will. Not
21 only will it ensure fairness and equity across
22 the board, but it will help to create hundreds of
23 jobs in our community as well.
24 With that, Mr. President, I vote
25 aye.
562
1 ACTING PRESIDENT GRIFFO: Senator
2 Kennedy to be recorded in the affirmative.
3 Senator Jacobs to explain his vote.
4 I want to remind all the members
5 we're on a two-minute explanation. Thanks.
6 SENATOR JACOBS: Thank you,
7 Mr. President.
8 I vote in strong support of this for
9 my community. I also, like Senator Kennedy,
10 represent the City of Buffalo and suburbs around
11 the City of Buffalo. Mr. President, Buffalo and
12 Western New York is making a comeback. After
13 it's suffered several decades of decline, we are
14 finally seeing an economic renaissance in Buffalo
15 and the areas around it. We are seeing people
16 move back, jobs beings created, businesses being
17 created, cranes in the air, a great SUNY
18 university that is helping to fuel this
19 renaissance.
20 And we have received accolades
21 nationally and internationally from visitors who
22 have come to see this renaissance, our
23 waterfront, and the other areas, our urban
24 environment. But one blemish we have had in all
25 these things people recognize in us is a new
563
1 21st century urban area, one blemish that we've
2 had to endure is that we don't have ride sharing.
3 We are, I think, the fifth largest
4 city in the world that does not have ride
5 sharing. As Senator Kennedy mentioned, the only
6 city with an NFL team that does not have ride
7 sharing.
8 We are not asking for a major piece
9 of legislation here. Forty-seven states already
10 have ride sharing. And actually, part of
11 New York State has had ride sharing for years,
12 and that's New York City. All we are asking for
13 is parity and equity throughout the state to have
14 this right, to have this transportation option,
15 which is environmentally friendly, it decreases
16 drinking and driving. And, in addition, to those
17 elderly in our community -- which our community
18 is one that has a significant amount of
19 elderly -- it gives them an available
20 transportation option to make sure they can stay
21 engaged in our community.
22 Again, thank you, Senator Seward,
23 for offering this. I stand in strong support of
24 this legislation.
25 Thank you.
564
1 ACTING PRESIDENT GRIFFO: Senator
2 Jacobs to be recorded in the affirmative.
3 Senator Little to explain her vote.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 And briefly, I would just like to
7 support this bill. I know large cities like
8 this. I have two cities in my district, both
9 with populations less than 20,000. So it's not
10 because of the largeness, but the rural area of
11 my district will be able to use this very, very
12 well. There's no other kinds of transportation.
13 People need to get to a doctor's appointment,
14 need healthcare, need to get around even.
15 So I appreciate everyone's support
16 of this bill and look forward to it being
17 implemented.
18 ACTING PRESIDENT GRIFFO: Senator
19 Little to be recorded in the affirmative.
20 Senator Díaz to explain his vote.
21 SENATOR DÍAZ: Thank you,
22 Mr. President.
23 One more time we see an injustice
24 done. See, in the City of New York we have a
25 livery industry. For years and years and years
565
1 when Uber was not around, the livery industry
2 were there working.
3 But what do we do? We prohibit them
4 from crossing lines and we fine them $1,000,
5 $3,000, $10,000. And I understand that upstate
6 needs transportation and that this bill is only
7 for upstate. But I wish, I wish that you, ladies
8 and gentlemen, you know, also fight for the
9 livery industry in the City of New York, that
10 they've been pushed around.
11 And they are fathers and mothers
12 supporting their children, and this is an
13 injustice because they don't get those benefits
14 and they don't give the support to the industry,
15 to the livery industry in the City of New York.
16 So I'm voting no.
17 ACTING PRESIDENT GRIFFO: Senator
18 Díaz to be recorded in the negative.
19 Senator Golden to explain his vote.
20 SENATOR GOLDEN: Thank you,
21 Mr. President.
22 And I rise because it is about
23 fairness and equity. And when you talk about
24 fairness and equity, you talk about having
25 insurance that matches that of the City of
566
1 New York. If you're talking about fingerprinting
2 in the 21st century, it should be mandatory that
3 fingerprinting is done, like the City of
4 New York. The taxes and the fees are more in the
5 City of New York, and they should be less, like
6 the rest of the State of New York, or at least
7 both should be the same.
8 Plates. DVM should assign plates to
9 these vehicles so that we know what vehicles are
10 doing this ride share so that there can be
11 enforcement. And the enforcement has to be
12 enhanced. There should be access to all of the
13 part-time and full-time workers that all the TNCs
14 should have, not just one.
15 And it should be, in the City of
16 New York, when it comes to the City of New York
17 and upstate, there's an MTA region and there's a
18 non-MTA region. It should be inside the MTA
19 region and outside the MTA region.
20 So there's a lot here that has to be
21 done when it comes to equity and fairness. I
22 will be voting aye on this bill, and the reason
23 I'm voting aye is to get the conversation going
24 so that we can get a bill passed with the
25 Assembly and move and get the Governor to turn
567
1 around and do some of the fairness and equity
2 that I speak of here.
3 We need the same rules and
4 regulations that apply in the city to apply
5 across the state. That's fair, and that's
6 equitable.
7 Thank you, and I will be voting aye,
8 sir.
9 ACTING PRESIDENT GRIFFO: Senator
10 Golden to be recorded in the affirmative.
11 Senator Funke to explain his vote.
12 SENATOR FUNKE: Thank you,
13 Mr. President.
14 Briefly, as chair of the Senate
15 Tourism Committee, I can't express how important
16 this legislation is to tourism. One in 12 jobs
17 in New York State is related to the tourism
18 industry.
19 Like Buffalo, Rochester is also
20 making a comeback. We have 11 area colleges in
21 our community, colleges and universities. This
22 is very important to young people. We have Lake
23 Ontario at our doorstep. We have a beautiful new
24 marina at the end of Genesee River in Rochester.
25 When boaters come across from Canada, there's no
568
1 way for them to get from Point A to the wine
2 country in the Finger Lakes.
3 Our wine country is important to us.
4 Our senior citizens are important to us. So for
5 all of these reasons, this is just critical for
6 upstate New York. And I'm so happy that Senator
7 Seward is taking the lead on this, and I am happy
8 to vote aye today.
9 ACTING PRESIDENT GRIFFO: Senator
10 Funke to be recorded in the affirmative.
11 Senator Squadron to explain his
12 vote.
13 SENATOR SQUADRON: Thank you,
14 Mr. President.
15 I represent a locality that already
16 allows ride sharing in a regulated form.
17 Listening to my colleagues, it's pretty clear
18 that a majority of my colleagues who represent
19 areas outside of New York City support this. And
20 so for that reason, I will support it because I
21 think that their local preferences and needs
22 should predominate, when they're reasonable, in
23 this chamber.
24 So thank you to all my colleagues
25 from outside of New York City for speaking on
569
1 this, and you have my aye vote.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Squadron to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 149, those recorded in the negative are
8 Senators Alcantara, Avella, Díaz, Peralta and
9 Rivera.
10 Ayes, 53. Nays, 5.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 Senator DeFrancisco, that concludes
14 the noncontroversial reading of the Senate
15 Supplemental Calendar 9A.
16 SENATOR DeFRANCISCO: May we now
17 have the controversial reading of Calendar Number
18 148, Supplemental Calendar 9A.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will ring the bell.
21 And the Secretary will read.
22 THE SECRETARY: Calendar Number
23 148, by Senator Felder, Senate Print 4158, an act
24 to establish.
25 ACTING PRESIDENT GRIFFO: Senator
570
1 Hoylman.
2 SENATOR HOYLMAN: Thank you,
3 Mr. President. On the bill.
4 ACTING PRESIDENT GRIFFO: Senator
5 Hoylman on the bill.
6 Can I have some order in the house,
7 please.
8 Senator Hoylman.
9 SENATOR HOYLMAN: Mr. President, I
10 rise to oppose this new version of the
11 nullification of New York City's plastic bag fee
12 law, for a few reasons.
13 First, I'd like to clear up a
14 misconception about the bill. I've seen it
15 referred -- the new version referred in the press
16 as a one-year moratorium on New York City's
17 plastic bag fee law. In actuality, the
18 moratorium is going to last for the rest of the
19 year, calendar year 2017, and an additional
20 270 days after the New York City Council acts to
21 authorize, modify, or repeal the local law.
22 So even if the City Council
23 reauthorized the law on the first day that it
24 could -- January 1, 2018 -- the moratorium would
25 be around 19 months at the shortest. And in all
571
1 likelihood, that's even going to be longer.
2 So what's the problem with that,
3 Mr. President? We have the same playbook that
4 we're seeing in Washington: Repeal and delay.
5 Repeal an idea that many of us think is a good
6 one -- and more importantly, the duly elected
7 body of 8.5 million people think it's a good
8 idea -- but then replace it with nothing. With
9 nothing. No good ideas to replace one that has
10 been passed by the City Council of New York.
11 Two, I would argue respectfully,
12 Mr. President, that the bill is a naked intrusion
13 into the constitutional home rule power of
14 New York City. The doctrine of home rule has
15 been eroded over the decades, to the immense
16 frustration of local governments, many of whom we
17 interact with in this chamber. Just ask the town
18 supervisors or the mayors in some of our
19 districts.
20 But this bill goes a step further to
21 say that no local law passed by a duly elected
22 legislature is safe when the State Legislature is
23 meeting in Albany. Usually when this body passes
24 legislation having an impact on New York City, we
25 do a cute trick where we say that the law applies
572
1 uniformly to all cities with a population of
2 1 million or more. But of course New York City
3 is the only city in the state that meets these
4 criteria, so these laws have the effect of
5 applying only to New York City.
6 This bill, though, drops any
7 pretense that it is a law of general application.
8 The sunset provision of the bill explicitly
9 references New York City's Local Laws 63 and 81
10 of 2016 and ties the expiration of the moratorium
11 to future actions by the New York City Council.
12 So even if there were, magically,
13 some other city with 1 million or more in the
14 state, the intent and effect of this bill is to
15 nullify New York City's autonomy over its
16 affairs.
17 If this bill is to be signed into
18 law, I hope that the courts will strike it down,
19 frankly, as a step too far in the decimation of
20 the idea of home rule. Otherwise, Mr. President,
21 I think --
22 ACTING PRESIDENT GRIFFO: Senator
23 Díaz, why do you rise?
24 SENATOR DÍAZ: Would the Senator
25 take a question or two from me?
573
1 ACTING PRESIDENT GRIFFO: Senator
2 Hoylman, would you yield to any questions?
3 SENATOR HOYLMAN: When I'm done.
4 Thank you.
5 ACTING PRESIDENT GRIFFO: Senator
6 Díaz, he will yield upon completion of his
7 statement.
8 Senator Hoylman, you may continue.
9 SENATOR HOYLMAN: Otherwise, I
10 think we're setting up a precedent here in the
11 chamber that this body can impede upon local
12 governments at any time for any reason on
13 virtually any subject matter, with impunity.
14 Number two, we should be letting
15 localities decide, for the reasons we just passed
16 the ride-sharing bill. We understand that our
17 localities know best. We understand that our
18 localities want to use Uber, want to use Lyft.
19 We've heard from our constituents. But we've
20 also heard from the elected representatives of
21 8.5 million people, and they say they want a
22 plastic bag fee.
23 We've had, at this point, zero
24 hearings on this new bill. None. It passed
25 through the Rules Committee just a few minutes
574
1 ago. We've spoken about the broad outlines of
2 the plastic bag fee and why we don't like it and
3 why some of us support it. Here's one question.
4 How are we going to help New York City cover
5 those $12.5 million annual costs? How are we
6 going to help New York City deal with 10
7 billion -- that's billion, with a B -- bags a
8 year that enter their waste stream and enter
9 their water system? We have no solutions for the
10 City of New York in this chamber today.
11 We should be holding hearings on
12 this version of the bill, not dropping it on our
13 desks for consideration with a moment's notice.
14 And then finally, number four, I
15 feel strongly that we need answer to the people
16 of New York State who have been out on the
17 streets in the thousands over the last several
18 weeks. They've been out on the street calling
19 for action, out on the street asking us to
20 respond to Washington's intransigence on the
21 environment, to respond to the nomination of an
22 EPA secretary who doubts the existence of
23 human-induced climate change. And what are we
24 proposing? We're curling up in a ball, offering
25 no solutions.
575
1 The way we resist, folks, is not to
2 do nothing. It's to let localities come up with
3 ideas that they have shown to be effective.
4 We're not doing that today.
5 So for those reasons -- the
6 construction of the bill, I think it's
7 unconstitutional; localities should be able to
8 decide, just like we let them a few minutes ago
9 on ride sharing; that thousands in our streets
10 are asking and calling for action from Albany to
11 resist the federal administration -- I would urge
12 all of my colleagues to vote no.
13 Thank you.
14 ACTING PRESIDENT GRIFFO: Senator
15 Díaz.
16 SENATOR HOYLMAN: Yes.
17 SENATOR DÍAZ: Thank you, Senator.
18 SENATOR HOYLMAN: The answer is
19 yes.
20 ACTING PRESIDENT GRIFFO: Senator
21 Hoylman yields.
22 SENATOR DÍAZ: Thank you,
23 Mr. President.
24 Would Senator Holyman {sic} knows
25 that the Democrats in the Assembly, led by
576
1 Speaker Heastie, are approving this same bill?
2 ACTING PRESIDENT GRIFFO: Senator
3 Hoylman.
4 SENATOR HOYLMAN: I don't know for
5 a fact, but I do understand that to be the case.
6 I don't know if they've approved it yet.
7 SENATOR DÍAZ: Mr. President, would
8 the Senator yield for another question?
9 ACTING PRESIDENT GRIFFO: Senator
10 Hoylman, do you yield?
11 SENATOR HOYLMAN: Absolutely, yes.
12 ACTING PRESIDENT GRIFFO: The
13 Senator yields.
14 SENATOR DÍAZ: Does Senator Hoylman
15 knows -- is Senator Holyman --
16 SENATOR HOYLMAN: He just elevated
17 me to holiness.
18 (Laughter.)
19 SENATOR DÍAZ: Does the Senator
20 know that --
21 ACTING PRESIDENT GRIFFO: He's very
22 blessed.
23 (Laughter.)
24 SENATOR DÍAZ: Is he saying that if
25 the Democrats in the Assembly are approving a
577
1 bill like this, that means that they are against
2 the City of New York?
3 ACTING PRESIDENT GRIFFO: Senator
4 Hoylman.
5 SENATOR HOYLMAN: I would argue
6 that we in this chamber need to do what's right
7 by our localities, just like we did a few minutes
8 ago with ride sharing. We should be listening,
9 Senator, to our constituents. We should be
10 listening, Senator, to our local elected
11 officials, who had three separate hearings,
12 including one by the mayor and two by the City
13 Council, who have urged us to let them come up
14 with solutions.
15 If we have a better idea, then we
16 should propose it. But to repeal and delay, just
17 as they're doing in Washington, is not a solution
18 for the ages.
19 SENATOR DÍAZ: Mr. President, does
20 the Senator yield to another question?
21 ACTING PRESIDENT GRIFFO: Senator
22 Hoylman, do you yield?
23 SENATOR HOYLMAN: Yes.
24 ACTING PRESIDENT GRIFFO: The
25 Senator yields.
578
1 SENATOR DÍAZ: According to Speaker
2 Heastie, a Democrat, leader of the Assembly, he
3 says that because -- that constituents in the
4 city have bombarded them with problems with this
5 bill. And to try to help the senior citizens and
6 the poor and the needy, they are taking into
7 consideration a bid to postpone.
8 That means that -- is the Senator
9 saying that the Assembly Democrats from the City
10 of New York are not listening to their
11 constituents?
12 ACTING PRESIDENT GRIFFO: Senator
13 Hoylman.
14 SENATOR HOYLMAN: Thank you.
15 I'm not passing judgment on anyone
16 here. But I am saying that we as a body should
17 be deferential to localities. We hear that on
18 both sides of the aisle. We understand that
19 localities have a particular place in our form of
20 government. And again, if we have a better idea,
21 we should propose it.
22 But to say, to the City of New York,
23 You have a $12.5 million annual problem, you have
24 10 billion bags, plastic bags that you're dealing
25 with, and that -- look, the house is burning down
579
1 across this country. People are calling for
2 action. For us to be focused on doing nothing is
3 not appropriate.
4 ACTING PRESIDENT GRIFFO: Senator
5 Díaz.
6 SENATOR DÍAZ: Mr. President, does
7 the Senator yield for another question?
8 ACTING PRESIDENT GRIFFO: Senator
9 Hoylman, do you yield for an additional question?
10 SENATOR HOYLMAN: Yes. Much to the
11 delight of our Republican colleagues.
12 (Laughter.)
13 ACTING PRESIDENT GRIFFO: Some
14 order, please.
15 Senator Díaz.
16 SENATOR DÍAZ: I don't know,
17 because I am -- I'm getting mixed messages here.
18 So when the Democrats from the
19 Assembly, under the leadership of Speaker
20 Heastie, are claiming that they are listening to
21 the cries of the senior citizens, the poor, the
22 neediest, and the people that would be oppressed
23 because of this 5 cents, you are -- is Senator
24 Holyman saying that those people over there are
25 not listening or would better listen to those
580
1 crying against Trump?
2 ACTING PRESIDENT GRIFFO: Senator
3 Hoylman.
4 SENATOR HOYLMAN: I would proffer
5 that they are listening to their constituents, we
6 just may be hearing two different things. And,
7 you know, I'm hearing that there is a call to
8 action on the environment in this country to
9 combat climate change. To deal with something as
10 pedestrian as plastic bags, something that the
11 City Council has taken a lot of heat for, let's
12 be honest. They have gone out on a limb,
13 proposed a fee, which we know is controversial,
14 and have actually stuck their neck out to deal
15 with a problem that's expensive and bad for the
16 environment.
17 I think we should be giving credit
18 to them and allowing them as a chamber to
19 determine what are the best policies for their
20 constituents. Let them face their voters at the
21 polls. That's their job, not ours. We're
22 supposed to deal with statewide issues. We
23 shouldn't be meddling with localities. We should
24 be letting localities flourish, just like we did
25 on ride sharing only a few minutes ago.
581
1 SENATOR DÍAZ: On the bill,
2 Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Díaz on the bill.
5 SENATOR DÍAZ: Thank you, Senator
6 Hoylman, for --
7 SENATOR HOYLMAN: Thank you.
8 SENATOR DÍAZ: -- Holyman --
9 SENATOR HOYLMAN: Hoylman.
10 Whatever.
11 SENATOR DÍAZ: I'm going to -- I'm
12 entitled --
13 SENATOR HOYLMAN: You're a holy
14 man. I'm a Hoylman.
15 (Laughter.)
16 SENATOR DÍAZ: I'm entitled to
17 appoint more holy men.
18 Mr. President, last week or a few
19 days ago we voted on this bill over here. And
20 thanks to the Republicans on the other side, we
21 voted to stop that. And today we are seeing and
22 hearing that the Democrats in the Assembly, under
23 the magnificent, under the outstanding leadership
24 of Speaker Heastie, are listening to the cries of
25 the senior citizens, the needy, and the poor in
582
1 our districts in the city.
2 People that I heard, people that --
3 we have senior citizens that receive $500 a
4 month, $600 a month. From that, they have to pay
5 rent, they have to pay food, buy their food, buy
6 their medicine, pay their utilities. They're
7 dying. They don't even have, for them, 5 cents.
8 It's incredible.
9 We know, and I agree, that we have
10 to find ways to protect the environment. But the
11 City Council of New York just suddenly, they --
12 they -- no -- not even -- they could have done a
13 study, they could have done a program of
14 education, they could have done many other
15 things. They just -- let's -- let's -- let's
16 institute 5 cents and burden our senior citizens.
17 So now the big, the great leader of
18 the Assembly, he's listening. He's not saying --
19 he's not saying, I'm going to forget about the
20 environment, he's saying let's think about it.
21 Let's hold it for a year. Let's see if we can
22 find other solutions. Let's see if we could
23 alleviate before we put more pressure on our
24 senior citizens, the poor and the needy, let's
25 see if we can find another way, one more year.
583
1 So I think that it is great, it is
2 magnificent what they are doing. I praise the
3 Assembly Speaker and the members of the Assembly
4 for taking this. And I also praise the members
5 of this Senate that will vote yes on this bill
6 today. Because our seniors -- maybe -- maybe --
7 maybe in Senator Hoylman the senior citizens
8 don't have the needs that they have in my
9 district. Maybe in Senator Hoylman and other
10 Senators here, the poor and the needy doesn't
11 need 5 cents. But in my district, 5 cents,
12 5 cents for a senior citizen, for people that
13 don't even have sometimes a way to pay for their
14 utilities, 5 cents is a lot.
15 Again, I'm saying the environment
16 has to be protected. But to come here and say
17 let's listen to the protesters against Trump and
18 forget about the members of our community because
19 we got to join the voices against Trump in
20 Washington all the way because of the
21 nominations, and forget and oppress our
22 communities with more money, and put more
23 pressure on them, no, that -- that -- that I
24 think is wrong. I think it's wrong. We have to
25 protect our senior citizens, we have to protect
584
1 our poor and needy.
2 I am the ranking member -- until
3 Senator Stewart-Cousins allows me, I am the
4 ranking member of the Aging Committee. And I
5 will protect, I will fight, and I will stand for
6 senior citizens. Because senior citizens has a
7 voice in this chamber.
8 So Mr. President and ladies and
9 gentlemen, I urge all of you to vote in favor of
10 this bill. Let's have a moratorium, one more
11 year. Let's find other solutions. Maybe we
12 cannot find other solutions. Maybe we're not.
13 But meanwhile, let's study it, let's see it. And
14 let's alleviate our needy people. Don't put more
15 charges up on them.
16 So Mr. President, ladies and
17 gentlemen, I urge you to vote yes. I'm voting
18 yes. Thank you very much.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Díaz.
21 Senator Hamilton.
22 SENATOR HAMILTON: Yes,
23 Mr. President. I agree with Senator Hoylman --
24 ACTING PRESIDENT GRIFFO: Senator
25 Hamilton, are you on the bill?
585
1 SENATOR HAMILTON: I'm on the bill,
2 yes.
3 ACTING PRESIDENT GRIFFO: Senator
4 Hamilton on the bill.
5 SENATOR HAMILTON: I agree with
6 Senator Hoylman in that we voted for Uber and we
7 gave preference to our upstate Senators. And for
8 some reason, I've been in this chamber for two
9 years, and when it comes to New York City,
10 there's never a home rule as far as respecting
11 the Senators from New York City.
12 And, you know, the City Council
13 worked hard on this bag bill. And if you don't
14 live in the city, our trees are not all green.
15 Plastic bags on many of our trees. It's an
16 environmental issue. It's an aesthetic issue.
17 Bags float through the streets all the time.
18 So it's hard for me to understand
19 why people who don't live in the city care about
20 bags, you know, and a tax. And it's not really a
21 tax, it's a way to have people, like in other
22 European countries, reuse their bags. We're not
23 saying you can't use any bags, but you just can't
24 use plastic bags.
25 And for some reason, some members
586
1 think that the City Council don't know what
2 they're doing. But they voted themselves a
3 raise. They had the guts to do that. And they
4 make $145,000 a year. So I don't understand it.
5 You know, we can't vote ourselves a raise and
6 then we're going to tell other municipalities how
7 to do business. Well, they know how to do
8 business. And that's why New York City is one of
9 the best cities in the world, and it continues to
10 be one of the best cities in the world.
11 So for people to say that the people
12 who run one of the best cities in the world don't
13 know what they're talking about, I have a problem
14 with that. I have a problem with the home rule
15 always being -- just saying, you know, forum
16 shopping. You know, when we don't care -- when
17 some people lose in New York City, we'll just run
18 to the state and then the state will tell
19 New York City what to do. And New York City is
20 the driving economic engine of the state. New
21 York City gives more money to the state than it
22 gets in. But for some reason, when it comes to
23 New York City, they don't know what they're
24 talking about.
25 So I'm going to vote no because I
587
1 think the people of New York City, especially
2 elected officials, have the fortitude to say, you
3 know what, we work hard, we deserve a raise.
4 Okay? And they voted themselves a raise. I give
5 them credit for that.
6 So I'm going to defer to the elected
7 officials in New York City who run the best city
8 in the world, who run the best city in the
9 United States and in New York State. And I'm
10 going to have to defer to the elected officials
11 with home rule in New York City.
12 ACTING PRESIDENT GRIFFO: Senator
13 Golden.
14 SENATOR GOLDEN: Thank you,
15 Mr. President.
16 Could you imagine if we let the City
17 Council in the City of New York have its own way
18 of raising taxes and doing what they wish to do?
19 That's why we have a State Legislature, so
20 everybody goes through the State Legislature to
21 raise their taxes so that people can stay and
22 live in this city and state.
23 The most expensive city in the world
24 is New York right now. Think about it. I'm
25 listening to those thousands of people crying in
588
1 the City of New York. It's the 60,000 to 70,000
2 homeless that are in the City of New York, and
3 they're crying. They're crying for housing.
4 They're crying for food. They're crying for a
5 place to sleep. We're talking about the seniors
6 that are living on subsistence. We're talking
7 about families, poor families that don't have a
8 way to get through the month to pay those bills
9 that Senator Díaz talks about.
10 Think about what I'm talking here.
11 And we want to turn around and let the City
12 Council get away with defrauding the people of
13 the City of New York, saying it's a fee. Think
14 about it. A fee. A fee that goes to where? To
15 the merchants, the owner of the stores. Not to
16 an EPA fund, not to recycling. No, to the
17 merchants.
18 It's a joke. It's wrong. And this
19 should be stopped. And I applaud the people that
20 stick up for the little guy. I applaud this
21 conference for the middle-class tax cut that
22 they've done here. And I applaud Senator Felder
23 for sticking up for the little guy with this bag
24 tax. A tax is a tax is a tax. There's no way of
25 getting around it. And we shouldn't be taxing
589
1 the people of the city or the people of this
2 great state.
3 I vote yes, sir. And that's the way
4 this conference should vote across the board,
5 Democrat and Republican, for the people of the
6 City of New York.
7 (Scattered applause.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Parker.
10 SENATOR PARKER: Thank you,
11 Mr. President. On the bill.
12 ACTING PRESIDENT GRIFFO: Senator
13 Parker on the bill.
14 Please may I have some order in the
15 house.
16 SENATOR PARKER: Thank you, Mayor
17 Golden, for -- I'm sorry, Senator Golden, for
18 your --
19 (Laughter.)
20 SENATOR PARKER: First, again, I
21 rise to thank Senator Felder for his leadership
22 on this issue. Although we may not necessarily
23 be in lockstep on our perspective on this
24 particular issue, I certainly share with him as
25 well as my other colleagues, Mr. President, the
590
1 issue around affordability in this great state,
2 and particularly in the City of New York, where,
3 you know, the cost of living is going up but the
4 chance of living is going down. And so there's a
5 lot of work that we need to be doing here.
6 And I think that there really is a
7 question on this bill, again, on what is our role
8 as the New York State Senate. Right? And so
9 there's really kind of two roles that we have
10 here. Right? So the first role is as
11 representatives. Right? Where if something is
12 wrong, we just solve it. Right? So we have an
13 intersection in our district where there's a car
14 accident, you know, every week. Right? We put
15 up a light, you know, we do a ribbon cutting for
16 the light, you know, name the light after the
17 last victim, you know, who got hit by a car. You
18 know, and then we get carried off into the sunset
19 by our constituents. That's representation.
20 Right?
21 But then there's the issue of
22 leadership. And leadership, ladies and
23 gentlemen, is a very different thing. Leadership
24 is doing the right thing because it is the right
25 thing to do. And oftentimes leadership isn't
591
1 popular. And in fact, I would argue that you're
2 only being a leader when you're doing the right
3 thing but it's not the popular thing to do.
4 And there are a lot of people around
5 here who believe that this is -- that what we're
6 doing now is leadership, and it's not. All we're
7 doing here with this particular bill is
8 representing, you know, a actually vocal minority
9 of people who are upset about this tax.
10 And it is a tax. And -- but the tax
11 is not really about money and about collecting
12 money, which is why the city is not even
13 bothering to collect it or put it into a fund or
14 anything like that. They actually -- they
15 actually are not money-making proposals. It's
16 simply a deterrent. Right? In public policy,
17 simply what you're trying to do here is you're
18 trying to create a disincentive for our citizens
19 in New York City not to use plastic bags. Right?
20 And why are we doing that? Well,
21 we're doing that because all of the studies say,
22 one, that plastic bags are horrible for our
23 environment. Right? And so the first value here
24 is about saving our planet, saving our planet for
25 future generations, our communities, our
592
1 children.
2 And this is particularly important
3 when you look at it within the context, right, if
4 you look at within the context of black and
5 Latino communities and what we see in terms of
6 environmental justice. And the fact that when
7 you find the dirtiest communities, the most
8 put-upon communities by things like, you know,
9 power plants and waste disposal units and other
10 stuff, that they're by and large in poor
11 communities -- and which, parenthetically,
12 oftentimes particularly in the City of New York,
13 happen to be black and Latino communities. And
14 so this is most important in those kind of
15 places.
16 As we talk about the process in
17 which this happens, I'm put off by two separate
18 things, Mr. President. The first is that we are
19 not, in this particular case, respecting the home
20 rule of the City of New York. And I really think
21 that we really ought to be.
22 The second thing is that we have not
23 gone through any kind of public process
24 ourselves. You know, we could have easily done a
25 hearing on this. We could have easily done a
593
1 series of hearings -- you know, let's say five,
2 one in each borough -- where we literally, you
3 know, brought the questions, so that we as
4 Senators can in fact hear what the populace in
5 New York City actually believe about this.
6 And I believe that had we gone
7 through that process, it would have certainly
8 proven my assertion that in fact who we're
9 hearing from is the vocal minority on this. And
10 that by and large our communities can figure out
11 what to do with our plastic bags. This is not
12 about 5 cents. This is not about 5 cents.
13 Right? You know, the folks in our communities
14 can figure out 5 cents. Right?
15 I agree with my colleagues when they
16 talk about the issues regarding seniors. I
17 actually happen to have the very proud
18 distinction of representing more senior
19 New Yorkers than any other Senate district in the
20 State of New York. Right? And I'm not getting a
21 hue and cry from my constituents who are seniors
22 about not being able to afford this 5 cents.
23 And if we're really going to help
24 our seniors, there are tons of things that we
25 ought to be doing. Right? You know, LIHEAP, you
594
1 know, increase SCRIE. I mean, there's tons of
2 things that we should be doing for those in their
3 golden ages, you know, in our constituencies.
4 And I look forward to working with my colleagues
5 in doing many of those things as both we deal
6 with the budget and deal with other bills
7 throughout the year.
8 But let's not pretend that, you
9 know, that our seniors in New York State are
10 sitting on the brink and if we put forward this
11 5 cent tax that all of a sudden they're going to
12 be over that brink and we're going to have, you
13 know, some waiver problem. Let's do something
14 about the seniors in Brooklyn who have no place
15 to live. How about we bring something up here,
16 if we want to do something for seniors, about
17 senior housing? Which is a crisis in my
18 district, as the community in which it is the
19 most expensive place to live in in the United
20 States as it relates to housing prices. Right?
21 Let's do something for seniors as relates to
22 housing if we're really going to really come out
23 here and say we're concerned about seniors.
24 Where's our conversation about that?
25 And so if we're concerned about
595
1 poverty generally, and people in poverty, two
2 issues really quick. One of which is that we are
3 not paying attention to the EBT cardholders'
4 exemption in this. Right? And so if you in fact
5 can demonstrate that you're in poverty, the City
6 Council has already recognized that and already
7 has an exemption for those folks.
8 The second thing -- and actually,
9 believe it or not, I disagree with the City
10 Council on that. Those are the folks in the same
11 communities who ought to really have the ban,
12 because those are places in which those bags are
13 most likely to be in the streets, be in the sewer
14 system backing up things, and affecting all kinds
15 of ecology and stuff like that. But it already
16 exists in the ban.
17 And then I'll make the same point
18 here about people who we're concerned about in
19 poverty as I made about senior citizens. If
20 we're really concerned about people who are in
21 poverty, then in fact let's bring up some
22 antipoverty measures in this body. I've been
23 here for 15 years, and I have not yet seen an
24 anti-poverty package brought by anybody. Let's
25 bring an anti-poverty package to this house,
596
1 let's pass it, and let's make sure that we do
2 something for New Yorkers who are struggling with
3 lack of food, with lack of resources, and are
4 struggling with their ability to make ends meet.
5 My last point, Mr. President, as I
6 close, is I have a few more comments. Fourscore
7 and seven years ago --
8 (Laughter.)
9 SENATOR PARKER: No, I'm joking.
10 I'll close on the last point -- that
11 I made my first point when I explained my vote
12 when the similar bill came up a couple of weeks
13 ago -- that we really ought to be working on a
14 comprehensive approach.
15 And I am saying I am happy to work
16 with my colleagues on both sides of the aisle,
17 and in the middle, to work on this issue of
18 really looking comprehensively at our environment
19 in the State of New York and how do we make it
20 better all over the state. And whether it's in
21 fact doing, you know, mass education on the issue
22 of conservation and cleaning up our
23 communities -- I am putting forth a bill this
24 year that would use RGGI funds to create a
25 conservation corps so we can train young people
597
1 to go out there in our communities and be trained
2 to understand how they can serve our community.
3 I think that we ought to be looking
4 at things like expanding recycling and going to
5 more granular levels of recycling, of, you know,
6 breaking out different kinds of metals and papers
7 and -- like we ought to have those conversations.
8 Looking again at our waste streams and figuring
9 out what do we take out of our waste streams,
10 doing a real audit of what we're actually
11 throwing away so that the disasters that we've
12 had, like in Staten Island with the Arthur Kills
13 Landfill, don't reoccur in this state.
14 There's a lot of work to be done on
15 this issue --
16 ACTING PRESIDENT GRIFFO: Senator
17 Tedisco, why do you rise?
18 SENATOR TEDISCO: I was wondering
19 if the good Senator would yield for a question.
20 SENATOR PARKER: I absolutely
21 would.
22 ACTING PRESIDENT GRIFFO: Senator
23 Parker yields.
24 SENATOR TEDISCO: Senator Parker,
25 I'm very impressed with your support of the
598
1 concept of home rule legislation allowing local
2 municipalities and the City of New York to define
3 their own destiny, and your other Senators on
4 your side of the aisle.
5 And I'm wondering -- my question is,
6 does that extend beyond economic issues and taxes
7 in terms of respecting home rule concepts which
8 emanate from local municipalities?
9 SENATOR PARKER: Through you,
10 Mr. President. I would have to look at the
11 specific tax proposal and the particular context.
12 I have probably, in the course of
13 being here, have probably voted positively,
14 affirmatively, on hundreds of tax proposals that
15 have gone through this body in terms of raising
16 and lowering taxes in individual municipalities
17 across the State of New York.
18 SENATOR TEDISCO: So you don't
19 fully respect the home rule piece of
20 legislation --
21 ACTING PRESIDENT GRIFFO: Senator
22 Tedisco, are you asking Senator Parker to yield?
23 SENATOR TEDISCO: Yes, would he
24 yield again?
25 SENATOR PARKER: I continue to
599
1 yield.
2 ACTING PRESIDENT GRIFFO: Senator
3 Tedisco, go ahead.
4 SENATOR TEDISCO: So it's this
5 specific home rule legislation that you think
6 shouldn't be overturned, but other ones you would
7 overturn, in terms of home rule legislation?
8 SENATOR PARKER: Again, through
9 you, Mr. President, I generally respect home
10 rule. I think, again, that I don't want to -- I
11 don't want to get out there and say every single
12 proposal. I think that, again, it's about
13 leadership, it's about looking -- generally, I
14 do.
15 There probably are occasions, and
16 I'm saying if you look at my voting record, I am
17 absolutely positive there are far more occasions
18 in which I have voted yes on individual tax
19 proposals coming out of individual communities
20 than I have voted no, and I think I'll continue
21 to do that, out of respect for their home rule
22 and their understanding of the individual sales
23 tax, for instance, proposals and needs of those
24 particular communities.
25 But I don't want to in fact paint
600
1 myself into a corner and say every single time
2 they come up, I'm going to vote yes on them.
3 SENATOR TEDISCO: Would he yield
4 for another question?
5 SENATOR PARKER: Yes.
6 ACTING PRESIDENT GRIFFO: Senator
7 Parker yields.
8 SENATOR TEDISCO: So your argument
9 about it being a home rule piece of legislation
10 is really not paramount in terms of our side of
11 the aisle. Because if we disagree with
12 something, you think it would be appropriate for
13 us to stand up and repeal something like a tax if
14 we think it's inappropriate and going to hurt
15 constituents in New York City or any other part
16 of this state.
17 So that home rule legislation
18 concept, or criticizing us, it's a little bit
19 hypocritical, wouldn't you agree with that?
20 Because you don't respect home rule every time,
21 you look at the individual concept itself and
22 whether the bill is good or bad for constituents.
23 And that's what we're doing. You
24 just disagree with us on this. But using home
25 rule, there's going to come a time where you
601
1 think you'd vote against New York City, if you
2 thought they were going in the wrong direction,
3 is that right?
4 SENATOR PARKER: Through you,
5 Mr. President. Senator, I understand your point.
6 I don't agree with your point, in part because
7 I'm using my individual record.
8 If you in fact look at the record of
9 the majority, you actually see the opposite. And
10 I think that's what the point of what many of my
11 colleagues are, is that typically what you find,
12 if you look at the collective voting record of
13 the current majority versus the current
14 Democratic Conference, what you see is a
15 difference in that we generally respect the home
16 rule when the majority members bring individual
17 things up about their districts. And we find
18 that the current majority typically does not
19 respect the home rule, not just of the minority
20 communities, but particularly -- when I say
21 "minority," I mean political minority
22 communities -- but also particularly the home
23 rule in New York City.
24 And that's what you heard from the
25 comments of not just myself, but of many of my
602
1 colleagues from New York City.
2 ACTING PRESIDENT GRIFFO: Senator
3 Tedisco.
4 SENATOR PARKER: I'll continue to
5 yield.
6 ACTING PRESIDENT GRIFFO: Senator
7 Parker yields.
8 SENATOR TEDISCO: So my original
9 question was not only about taxes and paper bags
10 and taxes, but extends into other home rule types
11 of legislation. You mostly respect other home
12 rule pieces of legislation.
13 So if from my district or from
14 upstate New York, one of my districts wanted
15 parental notification for abortion, you would
16 support that for my district, wouldn't you?
17 Because you respect home rule legislation.
18 SENATOR PARKER: Through you,
19 Mr. President, I would have to look at the
20 specifics of that particular bill.
21 SENATOR TEDISCO: It's pretty
22 specific.
23 SENATOR PARKER: I would need to
24 look at the specifics. The devil's in the
25 details. If you're not clear about that, look at
603
1 the Governor's current Executive Budget.
2 ACTING PRESIDENT GRIFFO: I'm going
3 to ask the members -- Senator Tedisco -- Senator
4 Tedisco. Senator Tedisco, please direct through
5 the chair.
6 SENATOR TEDISCO: Okay. Thank you,
7 Senator.
8 ACTING PRESIDENT GRIFFO: Senator
9 Parker.
10 SENATOR PARKER: To finish on my
11 point about the comprehensive approach that I
12 think that this body needs to take, we need to
13 not, you know, repeat the mistakes that we've
14 made around landfills. We need to create audits
15 of the current landfills. If you want to have a
16 moratorium on something, let's have a moratorium
17 on creating new landfills. And let's do an
18 immediate audit of every single landfill in the
19 State of New York to figure out what we can take
20 in, what we can take out.
21 Let's do things like, you know, ban
22 the export of rubber tires, so we can create a
23 market in the State of New York to recycle that
24 rubber and at the same time not just doing good
25 for our environment, but also creating a economic
604
1 engine to in fact run this state.
2 And so, again, I'm looking for and
3 hoping that this bill will be a jumping-off point
4 for deeper discussions and more important work
5 around saving our planet.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Rivera.
9 SENATOR RIVERA: Thank you,
10 Mr. President. I will be brief. Many of the
11 points that I wanted to make have been made by
12 both -- by some of my colleagues, particularly
13 Senator Parker and Senator Hoylman.
14 But there's two things that I wanted
15 to just underline. Number one, when we're
16 talking about the issue of the environment,
17 generally speaking, we can have a conversation
18 here as far as policymakers of whether we want to
19 have the short-term conversation -- that's what's
20 happening right now -- the short-term
21 conversation of something that is politically not
22 popular. And if we're honest with ourselves,
23 there are many folks that are supporting this
24 version of the bill or just the stopping this ban
25 altogether because of interests that are beyond
605
1 those of seniors in our districts or other folks,
2 whether we're talking about the producers of
3 these bags, et cetera.
4 So in the short term, it's
5 certainly -- we're hearing a lot from folks that
6 are, you know, expressing themselves saying that
7 they are opposed to this. And so we're saying,
8 well, you know what, let's just respond to those
9 concerns.
10 Which, by the way, as a parenthesis,
11 we can actually assuage and address, whether it's
12 because there are free giveaways -- and just for
13 Senator Díaz's benefit, just in the Bronx since
14 January 1st, there have been nine giveaways in
15 the Bronx, two of them in your district, of free
16 bags for seniors or anybody else that wants to
17 come and get these bags. So we can assuage and
18 address those concerns.
19 But the thing that we really have to
20 talk about is the longer term. And that is --
21 ladies and gentlemen, let's not forget about
22 that. And let's not just raise our voices in a
23 passionate way when we're ignoring that which
24 we're trying to address here -- and certainly the
25 policy could have been better thought through.
606
1 What we're trying to address here is something
2 that impacts those seniors in our districts,
3 those schoolchildren in our districts, those
4 folks that are certainly impacted by the refuse,
5 that we're talking about billions of these bags.
6 This is something that has an immense impact.
7 So when we're thinking about policy,
8 folks, let's think about both the short term and
9 the long term. In the short term, we can
10 certainly -- we can raise our voices
11 passionately. And we should, when we believe
12 that something is the right thing to do. But
13 let's not ignore the fact that there are
14 longer-term conversations that we need to have.
15 And if we keep having these short-term
16 conversations which ignore the larger impacts of
17 the actions or inactions of us in government,
18 then we're just going to drown in these bags and
19 all the other environmental impact that it's
20 going to have.
21 And lastly -- the argument has been
22 made already, but I do think it is important to
23 bring up again -- that we have to be concerned
24 about how exactly we approach taking things that
25 have been done in different parts of the state,
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1 with localities that have the authority to do
2 those things, and where their particular
3 legislative body have thought it is a good idea,
4 and then say we're not willing to give you the
5 authority to do that.
6 Considering specifically as it
7 relates to the environment, and the fact that
8 there might be localities all across the state
9 that, when it comes to water quality or other
10 environmental concerns, might feel --
11 hydrofracking, as we saw in years past -- these
12 localities might feel that it's something that
13 they need to take a stand for in their
14 constituencies locally.
15 So for those reasons, I think that
16 we need to think about these bills generally
17 speaking. But certainly on this bill, I will be
18 voting in the negative.
19 Thank you, Mr. President.
20 ACTING PRESIDENT GRIFFO: Senator
21 Squadron.
22 SENATOR SQUADRON: Thank you,
23 Mr. President.
24 A lot has been said here, but to my
25 colleagues from Suffolk County, you are allowing
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1 Suffolk County its decisions on this. To my
2 colleague who represents New Castle, in
3 Westchester County, you're allowing your locality
4 in fact, I guess, a paper bag fee. To my
5 colleagues who represent neither Suffolk County
6 nor New Castle, I'm sure will vote with us, and I
7 appreciate your votes.
8 If you don't represent New York
9 City -- there are some folks who represent
10 New York City on both sides of this issue, but
11 the majority in this house think that we should
12 let the local legislature's vote stand. They've
13 already voted, they've already had an opinion, we
14 have no history of weighing in on this issue
15 prior to their vote -- which are all significant
16 facts.
17 So to all the rest of my colleagues,
18 I would do the same for your locality and their
19 right on an issue that has historically been
20 local, on an issue that we've never weighed in
21 before, on an issue where other localities are
22 being allowed to do it simultaneously. So I hope
23 you'll join us in voting for that. I think that
24 would be a good way to have a statewide
25 coalition.
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1 Other than that, Mr. President, is
2 there really anything else to say? Thank you.
3 ACTING PRESIDENT GRIFFO: Senator
4 Comrie.
5 SENATOR COMRIE: I don't know if I
6 have anything else to add to this conversation,
7 but I just wanted to make it public for the
8 record that I'm an aye vote on this.
9 I agree with all of the
10 conversations that we need to do more to improve
11 our environment, we need to have more meetings
12 and discussions on a statewide level what we need
13 to do to have environmental equity, that we need
14 to adopt new technologies to ensure that we can
15 do things better to make sure that our waste is
16 handled properly.
17 But I find it disingenuous that
18 people from the city that are fighting borough
19 equity as far as waste handling is concerned,
20 where people that are dealing with issues on a
21 level that's not going to affect them personally
22 if you're from Manhattan, it's going to affect
23 those people from my district that have one of
24 the longest commute times in the city, they want
25 to grab dinner on their way home or they want to
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1 grab an opportunity from the local grocery store,
2 and they're going to have to wind up facing the
3 inconvenience of paying a tax that goes nowhere.
4 I can see if it went to someplace
5 that were better to help our community. But to
6 go back to the stores to do nothing makes no
7 sense. The city could do better. There's no
8 reason why New York City could not come up with a
9 better idea and a better plan to make sure that
10 that money is used properly, that there's a
11 citywide ban on it.
12 When I talk to residents in my
13 district -- and I give out bags at most of my
14 events. I give out recyclable bags so that
15 people can have it. I have recyclable bags that
16 I use all the time. But to tell people that
17 they're going to have to give money to an entity
18 that does not help the city, that does not help a
19 nonprofit, that does not cure entire ill -- yes,
20 we need to have the conversation about improving
21 our environment. Yes, we -- no one wants to see
22 bags in trees or bags in sewers or bags blocking
23 up the wastewater. We need to make sure that we
24 can continue to have these discussions in a way
25 that makes sense.
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1 And unfortunately, this is a
2 piecemeal piece that we're working on today. But
3 to load in all these other issues around one bill
4 doesn't really help the discussion.
5 Unfortunately, this is the only way
6 that we can have these open discussions on
7 unrelated issues, because we're not having enough
8 hearings on the issues that we all want to talk
9 about. I hope that this will open up an idea
10 that we should have open discussions on these
11 things. Because we need to do better as a state
12 with our environmental issues. We need to have
13 those discussions that will incorporate new
14 technologies and new ideas.
15 As a former City Council member,
16 voting against the City Council and voting
17 against home rule is difficult for me. But the
18 city could do better on this bill. There's a
19 better way to make this happen. This bill gives
20 the time to the city to do it right.
21 I vote aye.
22 ACTING PRESIDENT GRIFFO: Senator
23 Bailey.
24 SENATOR BAILEY: Even briefer.
25 This bill, in my opinion, differs from the last
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1 one simply because the last one would have
2 permanently stopped the City of New York from
3 ever being able to implement something like this.
4 Which was my hesitation, which is why I voted no
5 the last time.
6 I arrived at support of the bill
7 this time because -- and it is my sincere hope
8 that the sponsor of this bill will reach across
9 the aisle, reach across the many aisles to go
10 back to the City of New York and find an
11 equitable solution. Because -- and the reality
12 is this, folks. We have a huge environmental
13 problem. I would support an outright ban on
14 plastic bags, personally, because they are not
15 something that is environmentally sustainable.
16 However, in the current climate that
17 we're in, I do support this moratorium. And
18 again, I vote aye on this bill solely because I
19 am trusting that we are going to work with the
20 City of New York to find an equitable resolution
21 to this matter. For that reason, I vote aye.
22 ACTING PRESIDENT GRIFFO: Senator
23 Alcantara.
24 SENATOR ALCANTARA: Yes. I agree
25 with my colleagues Jesse Hamilton, Brad Hoylman,
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1 Kevin Parker, Senator Parker. I oppose this
2 bill.
3 This is not a point of taxing the
4 poor. This is a global issue, climate change.
5 If it's good for Suffolk County, why can't it be
6 good for New York City?
7 We also all saw what happened during
8 Sandy. We lost two of our main hospitals in the
9 city, Coney Island Hospital and Bellevue
10 Hospital, because of climate changes. This is
11 not something -- it's like my colleague stated
12 before. If we have it in New Castle in
13 Westchester and we have it in Suffolk County, are
14 we going to bring that up and strike what those
15 localities have? Or is this just a vote against
16 the City of New York?
17 Eight-point-one million New Yorkers
18 approved this. Poor people, if you read the
19 bill, will be exempted.
20 We are surrounded -- I live on the
21 island of Manhattan, surrounded by water. The
22 34th Senatorial District has the largest amount
23 of parkland after Central Park. And it's too
24 often that you see these plastic bags hanging on
25 our trees, in our Hudson River and other
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1 waterways.
2 I oppose this bill. I think it's
3 unfair to the 8.1 million residents of the City
4 of New York that their elected officials voted
5 for this. My colleagues that live in communities
6 of color, climate change affects mostly poor and
7 communities of color because they are the ones
8 that have the least amount of access to
9 transportation and infrastructure.
10 So thank you, my colleagues Jesse
11 Hamilton, Brad Hoylman, Kevin Parker, and Daniel
12 Squadron. This is very important. And all of
13 us, if you live in the Bronx or you live in
14 Brooklyn, anywhere near the waterway, this is
15 very important for us.
16 ACTING PRESIDENT GRIFFO: Thank
17 you.
18 Seeing and hearing no other Senator
19 that wishes to be heard, debate is closed.
20 The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 148, those recorded in the negative are
6 Senators Alcantara, Breslin, Carlucci, Dilan,
7 Hamilton, Hoylman, Kaminsky, Kennedy, Krueger,
8 Latimer, Parker, Rivera, Sanders, Serrano,
9 Squadron and Stewart-Cousins.
10 Absent from voting: Senator Hannon.
11 Ayes, 43. Nays, 16.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: We're going
16 to be closing soon. However, I want to remind
17 those that are on the Codes Committee that
18 there's a Codes Committee meeting immediately
19 following session in Room 124 of the Capitol.
20 ACTING PRESIDENT GRIFFO: So that
21 concludes today's controversial reading.
22 Senator DeFrancisco would like to
23 remind all members of the Codes Committee there
24 will be a meeting following session in Room 124
25 of the Capitol.
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1 Let me have some order, please.
2 Senator DeFrancisco has a few other
3 announcements.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Is there any
6 further business at the desk?
7 ACTING PRESIDENT GRIFFO: There is
8 no further business at the desk.
9 SENATOR DeFRANCISCO: Then I move
10 to adjourn until Tuesday, February 7th, at
11 11:00 a.m.
12 ACTING PRESIDENT GRIFFO: On
13 motion, the Senate will stand adjourned until
14 Tuesday, February 7th, at 11:00 a.m.
15 The Senate is adjourned.
16 (Whereupon, at 5:29 p.m., the Senate
17 adjourned.)
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