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Tuesday, February 2, 2021

3:03 PMRegular SessionALBANY, NEW YORK
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                                                               444

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 2, 2021

11                      3:03 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               445

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.) 

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   February 1, 2021, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, January 31, 

18   2021, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator Benjamin 


                                                               446

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 989 and substitute it for 

 3   the identical Senate Bill 865, Third Reading 

 4   Calendar 18.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Gounardes 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 980 and substitute it for 

10   the identical Senate Bill 1295, Third Reading 

11   Calendar 66.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Sanders 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 966 and substitute it for 

17   the identical Senate Bill 1299, Third Reading 

18   Calendar 70.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Persaud 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 973 and substitute it for 

24   the identical Senate Bill 1300, Third Reading 

25   Calendar 71.


                                                               447

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   Senator Brouk moves 

 4   to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 1250 and substitute it for 

 6   the identical Senate Bill 1301, Third Reading 

 7   Calendar 72.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   Senator Gounardes 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 1259 and substitute it for 

13   the identical Senate Bill 1304, Third Reading 

14   Calendar 75.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   Senator Gianaris 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 2574 and substitute it for 

20   the identical Senate Bill 2076, Third Reading 

21   Calendar 139.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               448

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, I 

 7   move to adopt the Resolution Calendar.

 8                ACTING PRESIDENT BENJAMIN:   All in 

 9   favor of adopting the Resolution Calendar signify 

10   by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT BENJAMIN:    

13   Opposed, nay.  

14                (No response.)

15                ACTING PRESIDENT BENJAMIN:   The 

16   Resolution Calendar is adopted.

17                Senator Gianaris.  

18                SENATOR GIANARIS:   There will be an 

19   immediate meeting of the Rules Committee in 

20   Room 332.

21                ACTING PRESIDENT BENJAMIN:   There 

22   will be an immediate meeting of the 

23   Rules Committee in Room 332.

24                SENATOR GIANARIS:   The Senate will 

25   stand at ease.


                                                               449

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Senate will stand at ease.

 3                (Whereupon, the Senate stood at ease 

 4   at 3:05 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   3:13 p.m.)

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Senate will return to order.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Is there a 

11   report of the Rules Committee at the desk?  

12                ACTING PRESIDENT BENJAMIN:   There 

13   is a report of the Rules Committee at the desk.  

14                The Secretary will read.

15                THE SECRETARY:   Senator  

16   Stewart-Cousins, from the Committee on Rules, 

17   reports the following bills:  

18                Senate Print 538A, by 

19   Senator Kaplan, an act to amend the Real Property 

20   Law; 

21                Senate Print 945A, by 

22   Senator Gaughran, an act to amend the 

23   Real Property Law and the State Finance Law; 

24                Senate Print 1448, by Senator 

25   Hoylman, an act to amend the Real Property Law; 


                                                               450

 1                Senate Print 1984, by Senator 

 2   Jackson, an act to amend the Education Law; 

 3                Senate Print 2131A, by 

 4   Senator Skoufis, an act to amend the 

 5   Real Property Law; 

 6                Senate Print 2132A, by 

 7   Senator Skoufis, an act to amend the 

 8   Real Property Law; 

 9                Senate Print 2133, by Senator 

10   Skoufis, an act to amend the Real Property Law; 

11                Senate Print 2157, by Senator 

12   Thomas, an act to amend the Real Property Law; 

13                Senate Print 2525, by Senator 

14   Kavanagh, an act to amend the Real Property Law;

15                Senate Print 2555, by Senator 

16   Brisport, an act to establish a task force on 

17   educator diversity in New York State; 

18                Senate Print 4000, by 

19   Senator Rivera, an act to amend the 

20   Education Law; and

21                Senate Print 4001, by 

22   Senator Biaggi, an act to amend the Labor Law.

23                All bills reported direct to third 

24   reading.

25                SENATOR GIANARIS:   Move to accept 


                                                               451

 1   the report of the Rules Committee.

 2                ACTING PRESIDENT BENJAMIN:   All in 

 3   favor of accepting the report of the 

 4   Rules Committee please signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT BENJAMIN:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT BENJAMIN:   The 

10   report is accepted and before the house.

11                SENATOR GIANARIS:   Please take up 

12   the calendar, Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 18, 

16   Assembly Print 989, substituted earlier by 

17   Assemblymember Solages, an act to amend the 

18   Public Health Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of January.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               452

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 53, 

 7   Senate Print 900, by Senator Rivera, an act to 

 8   amend the Public Health Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

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

13   same manner as a chapter of the Laws of 2020.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 66, 

23   Assembly Print 980, substituted earlier by 

24   Assemblymember Abbate, an act to amend the 

25   Labor Law.


                                                               453

 1                SENATOR JORDAN:   Lay it aside.

 2                ACTING PRESIDENT BENJAMIN:   Lay it 

 3   aside.

 4                THE SECRETARY:   Calendar Number 70, 

 5   Assembly Print 966, substituted earlier by 

 6   Assemblymember Solages, an act to amend the 

 7   Labor Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

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

12   same manner as a chapter of the Laws of 2020.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 71, 

22   Assembly Print Number 973, substituted earlier by 

23   Assemblymember Williams, an act to amend a 

24   chapter of the Laws of 2020.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               454

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 72, 

13   Assembly Print Number 1250, substituted earlier 

14   by Assemblymember Gunther, an act to direct the 

15   Commissioner of Mental Health to create a 

16   workgroup and report regarding frontline worker 

17   trauma.

18                SENATOR GIANARIS:   Lay it aside for 

19   the day.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill will be laid aside for the day.

22                THE SECRETARY:   Calendar Number 73, 

23   Senate Print 1302, by Senator Ramos, an act to 

24   amend the Labor Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               455

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 75, 

13   Assembly Print Number 1259, substituted earlier 

14   by Assemblymember Dinowitz, an act to amend the 

15   Public Authorities Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

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

20   same manner as a chapter of the Laws of 2020.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               456

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 75, those Senators voting in the 

 3   negative are Senators Akshar, Borrello, Boyle, 

 4   Gallivan, Griffo, Helming, Lanza, Martucci, 

 5   Mattera, Oberacker, Rath and Weik.

 6                Ayes, 49.  Nays, 12.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 77, 

10   Senate Print 1306, by Senator Kennedy, an act to 

11   amend a chapter of the Laws of 2020 establishing 

12   the Adirondack Road Salt Reduction Task Force.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

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

17   same manner as a chapter of the Laws of 2020.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Kennedy to explain his vote.

23                SENATOR KENNEDY:   Thank you, 

24   Mr. President.  

25                I rise in support of this bill today 


                                                               457

 1   creating the Adirondack Road Salt Reduction Task 

 2   Force, a badly needed solution to a major problem 

 3   in our 6.2-million-acre Adirondack Park.

 4                Despite New York's attempts over the 

 5   years to protect the Adirondacks, the use of salt 

 6   has been found to negatively impact the lakes and 

 7   watersheds in the area.  The ecological damage 

 8   has already been significant and is predicted to 

 9   only get worse if we don't act now.

10                 Salt in surface water and 

11   groundwater releases heavy metals and other toxic 

12   substances, threatening the welfare of humans and 

13   animals alike.  The single biggest culprit is the 

14   use and overuse of road salt during winter 

15   months -- which, in higher elevations, can last 

16   almost half the year.  

17                Environmental impact can turn into 

18   economic impact.  According to the Adirondack 

19   Park Agency, over 3600 businesses call this park 

20   home, employing thousands of New Yorkers and 

21   driving the local economy.  

22                This task force, with representation 

23   from a wide range of partners, will study and 

24   examine the problem in detail and issue suggested 

25   recommendations as to how to address the use of 


                                                               458

 1   salt on roadways.

 2                This bill was moved forward in 

 3   partnership with many strong advocates across 

 4   New York who are committed to protecting our 

 5   environment and our wildlife.  This bill was 

 6   years and years in the making, so many people and 

 7   organizations are to thank.  

 8                I first want to thank our Majority 

 9   Leader, Andrea Stewart-Cousins, for bringing this 

10   bill to the floor and prioritizing our 

11   environment.  I want to thank the head of the 

12   En Con Committee, Senator Kaminsky, and former 

13   Senator Betty Little for their leadership, as 

14   well as Assemblyman Jones.

15                Many organizations, including the 

16   Adirondack Council, ADK Action, Adirondack 

17   Watershed Institute, the Sierra Club, Citizens 

18   Campaign for the Environment, Environmental 

19   Advocates and the New York League of Conservation 

20   Voters, all worked to make this bill a reality.

21                Because of their dedication, 

22   Mr. President, we're taking a step forward in 

23   prioritizing the preservation of New York's great 

24   outdoors.  And I'm proud to join with all of 

25   these individuals, organizations, and the greater 


                                                               459

 1   community in this fight.

 2                Thank you once again, and I proudly 

 3   vote aye on this bill.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Kennedy to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 81, 

11   Senate Print 1310, by Senator Breslin, an act to 

12   amend the Election Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

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

17   same manner as a chapter of the Laws of 2020.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar 81, those Senators voting in the 

25   negative are Senators May and Reichlin-Melnick.  


                                                               460

 1                Ayes, 59.  Nays, 2.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   107, Senate Print 1172, by Senator Rivera, an act 

 6   to amend the Public Health Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   137, Senate Print 2074, by Senator Mayer, an act 

21   to amend the Labor Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

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


                                                               461

 1   same manner as a chapter of the Laws of 2020.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   139, Assembly Print 2574, substituted earlier by 

12   Assemblymember Walker, an act to amend the 

13   Election Law.

14                SENATOR JORDAN:   Lay it aside. 

15                ACTING PRESIDENT BENJAMIN:   Lay it 

16   aside.

17                THE SECRETARY:   Calendar Number 

18   142, Senate Print 2558, by Senator Kennedy, an 

19   act to amend the Vehicle and Traffic Law.

20                SENATOR GIANARIS:   Lay it aside for 

21   the day.

22                ACTING PRESIDENT BENJAMIN:   Lay it 

23   aside for the day.

24                THE SECRETARY:   Calendar Number 

25   171, Senate Print 1351, by Senator Hoylman, an 


                                                               462

 1   act to repeal Section 240.37 of the Penal Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 15.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Brisport to explain his vote.

11                SENATOR BRISPORT:   Thank you, 

12   Chair.

13                I am so, so proud to vote yes on 

14   this bill today.  I remember in 2009 lobbying my 

15   State Senator, and my friends to lobby their 

16   State Senators, to pass same-sex marriage.  And I 

17   remember how much it stung to see that vote fail 

18   in the State Senate.  

19                We as a body have come so far in 

20   advancing queer rights, and so I'm so proud of 

21   everything that we have done.  In the wake of 

22   Black Lives Matter, arising and expanding last 

23   summer, it's important to note that black lives 

24   can only matter if we ensure that black trans 

25   lives matter too.


                                                               463

 1                I'd like to thank Senator Hoylman 

 2   and thank the advocates for making this happen 

 3   today.  Thank you.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Brisport to be recorded in the affirmative.

 6                ACTING PRESIDENT PERSAUD:   Senator 

 7   Benjamin.

 8                SENATOR BENJAMIN:   Thank you, 

 9   Madam Chair.

10                You know, I rise to support an 

11   amazing bill by an amazing colleague.  I want to 

12   thank Senator Hoylman for bringing this bill to 

13   the floor.  

14                And it's important because in 1976 

15   there was a loitering law -- anti-loitering law 

16   that was put in place that has caused so much 

17   pain since then.  You know, I was born in 1976, 

18   so I know that's 44 years ago.  And what that law 

19   allowed was for the police to apprehend anyone 

20   they assumed to be engaging in sex work, without 

21   any evidence.

22                Whenever you give discretion for 

23   someone to use their judgment, what is going to 

24   be embedded in that is whatever opinions they 

25   have around the parties.  And unfortunately, in 


                                                               464

 1   the case of this, one of the reasons why it's 

 2   named "walking while trans" is because there are 

 3   so many Black and Brown trans members of our 

 4   community who have been subjected to 

 5   overincarceration based on the opinions of a few 

 6   police officers.  

 7                And that, to me, is incorrect.  It 

 8   reminds me of why we fought so hard, 

 9   Madam President, to end stop and frisk.  Stop and 

10   frisk was predicated upon the same assumption of 

11   "I think someone could be doing something wrong, 

12   so then I'm going to search them and see what 

13   happens."  Unfortunately, Senator Hoylman, as you 

14   know, in this case people were incarcerated as a 

15   result of perception by police officers.

16                So I'm glad to stand here today as 

17   we undo this wrong.  I want to apologize to all 

18   of the members of the trans community -- and the 

19   community at large, but particularly the trans 

20   community, because they've been overafflicted by 

21   this.  

22                And it's important that we apologize 

23   because it was government law that created this 

24   crisis in the first place.  And so we, as the 

25   government, need to apologize and do the right 


                                                               465

 1   thing, which is what we're doing today.

 2                I want to thank the leader, Andrea 

 3   Stewart-Cousins, for bringing this bill to the 

 4   floor.  And I want to personally thank one of my 

 5   constituents, Tonya Walker, who I gave last year 

 6   a Woman of Distinction Award to.  She's a trans 

 7   woman.  I gave her that distinction because of 

 8   the incredible work that she has done.  And I 

 9   heard countless stories of how this law, this law 

10   overincarcerated people of the trans community.

11                So I am glad to be part of 

12   correcting that wrong today with all of you, and 

13   I want to thank the New York State Senate for 

14   doing the right thing today.

15                Thank you.

16                ACTING PRESIDENT PERSAUD:   Senator 

17   Benjamin to be recorded in the affirmative.

18                Senator Reichlin-Melnick to explain 

19   his vote.

20                SENATOR REICHLIN-MELNICK:   Thank 

21   you, Madam Chair.  

22                I am proud to stand in support of 

23   the LGBT community of New York and in support of 

24   this bill.  This bill repeals a criminal offense 

25   called "loitering for the purposes of 


                                                               466

 1   prostitution."

 2                And that's a good thing, because 

 3   this is a criminal offense that has been 

 4   disproportionately applied to discriminate 

 5   against the LGBT community and communities of 

 6   color.  The language of the law is ambiguous and 

 7   is subject to the implicit biases of those 

 8   applying it, and so repealing this offense will 

 9   mean one less discriminatory law will exist in 

10   the State of New York.  

11                Its repeal is rightfully being 

12   celebrated by a broad coalition of individuals 

13   and organizations committed to promoting equality 

14   and fair treatment for all.

15                And what this bill does not do, in 

16   spite of what some who are trying to stir up 

17   anger for their own political gain have claimed, 

18   what this bill does not do is legalize 

19   prostitution.  There will still be several laws 

20   on the books, as there should be, which ensure 

21   that engaging in or attempting to engage in 

22   prostitution, patronizing a person for purposes 

23   of prostitution, or promoting prostitution are 

24   all crimes.

25                Furthermore -- and I'm speaking now 


                                                               467

 1   directly to my constituents who may have heard 

 2   misleading attacks on this bill -- the specific 

 3   charge of loitering for the purposes of 

 4   prostitution that this bill repeals has not been 

 5   used to charge anyone in our Senate district for 

 6   nearly a decade.  Repealing this law will have no 

 7   negative impact whatsoever on public safety in 

 8   our community.

 9                Even the District Attorneys 

10   Association of the State of New York supports the 

11   repeal of this harmful law.  The statute has come 

12   to be used in ways that wrongly profile people 

13   and even leads to their arrest, based on nothing 

14   more than gender expression or appearance, they 

15   said.  And they added:  "It is an important and 

16   necessary step to repeal this law if we are to 

17   remedy injustices and regain the trust of all 

18   communities."

19                And finally, on the topic of 

20   political attacks, for some people who say this 

21   chamber should be focused on other things, let me 

22   say that in one month we have passed bills to 

23   expand voting rights, to help small businesses, 

24   protect commercial tenants, fix problems with the 

25   unemployment system, address racial inequalities 


                                                               468

 1   in healthcare, and yes, we've still found the 

 2   time to do what we have a moral obligation to do, 

 3   end inequality in our criminal justice system.  

 4   We can walk and chew gum at the same time.  

 5                And I am proud to be voting yes on 

 6   this bill.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Reichlin-Melnick to be recorded in the 

 9   affirmative.

10                Senator Jackson to explain his vote.

11                SENATOR JACKSON:   Thank you, 

12   Mr. President.  I rise, my colleagues, in order 

13   to speak on this bill, which commonly is called 

14   the "walking while trans."  But it's really a 

15   situation that this bill is a long time coming.  

16                The "walking while trans" ban has 

17   criminalized our trans and gender-nonbinary 

18   community for decades, especially those who 

19   engage in sex work.  These people have been 

20   charged and locked up for years in Rikers Island 

21   simply for walking outside.  And if you don't 

22   know Rikers Island, it's a jail in New York City.  

23                My own staffer who helped me put 

24   together these remarks experiences harassment as 

25   a white, gender-nonbinary femme person from 


                                                               469

 1   ordinary passersby and even from the police.  But 

 2   they said to me:  "RJ, I have it so much easier 

 3   than Black and Brown trans families who don't 

 4   have the shield of whiteness or business casual 

 5   attire to protect them.  We have to get rid of 

 6   this law now."  And I'm quoting him, his 

 7   expression of "now."  We can't wait.

 8                It shouldn't matter the color of 

 9   your skin, your gender, or what you're wearing.  

10   This bill gets at a core human right.  Just like 

11   our efforts to end stop and frisk policies that 

12   targeted Black and Brown men.  Every New Yorker 

13   has a right to walk in public without fear of law 

14   enforcement rounding them up simply for existing.

15                I thank all the advocates who have 

16   kept up the pressure of us to do the right thing.  

17   And to Senator Brad Hoylman, who's here, let me 

18   thank you, as the lead sponsor of this.  There's 

19   so many people that are so appreciative of your 

20   leadership in bringing this forward.

21                And to our Majority Leader Andrea 

22   Stewart-Cousins, for the courage to get this bill 

23   across the finish line in our chambers.

24                I proudly vote aye on this bill.  

25   Thank you, Mr. President.


                                                               470

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Jackson to be recorded in the affirmative.

 3                Senator Salazar to explain her vote.

 4                SENATOR SALAZAR:   Thank you, 

 5   Mr. President.

 6                There really should be no doubt at 

 7   this point that the enforcement of the loitering 

 8   statute known as "walking while trans" has been 

 9   deeply biased against people based on their race 

10   and on their gender.

11                According to court monitoring data 

12   collected by the Red Umbrella Project, before the 

13   Brooklyn DA's office sought to curb the number of 

14   arrests for this charge in our borough, 

15   94 percent of the people who were charged in 

16   Brooklyn under this law were Black women.

17                More recently, it was reported that 

18   of all arrests for this charge in New York, close 

19   to half of those charged were Black, and 

20   42 percent were Latinx, most of whom are 

21   trans women.

22                This bill has been especially 

23   important to me due to the harm that the "walking 

24   while trans" statute has caused in my own 

25   district in East New York and Bushwick, where 


                                                               471

 1   we've historically seen the highest number of 

 2   arrests for this charge in the state.

 3                By passing Senator Hoylman's bill 

 4   today to finally repeal this harmful statute, we 

 5   are affirming the right of trans women and of all 

 6   New Yorkers to move through the world without 

 7   fear of being criminalized because of their 

 8   gender identity, because of their race, or simply 

 9   because of their physical appearance.

10                Thank you to Senator Hoylman for 

11   being a champion for this bill for years.  And 

12   thank you to our Majority Leader Andrea 

13   Stewart-Cousins for prioritizing this bill that 

14   is so deeply meaningful and liberating for our 

15   communities.  

16                I'm proud to vote aye.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Salazar to be recorded in the affirmative.

19                Senator Hoylman to explain his vote.

20                SENATOR HOYLMAN:   Thank you, 

21   Mr. President.

22                You know, it's a rare moment in this 

23   chamber when you get to stand and speak on behalf 

24   of the dignity of an entire group of people.  And 

25   that's what we're doing today, and what a 


                                                               472

 1   privilege.  And how humbling.

 2                I'm thinking today, Mr. President, 

 3   about that extraordinarily powerful moment from 

 4   this past summer's Black Lives Matter protest.  

 5   It happened on that warm Sunday afternoon in 

 6   June, midway through Pride Month.  More than 

 7   15,000 New Yorkers had gathered outside of the 

 8   Brooklyn Museum to march for justice -- 15,000.  

 9   And this March was led by transgender women of 

10   color.  They reminded the crowd that the modern 

11   movement for LGBTQ rights -- for my rights, for 

12   my husband's rights, for the rights of our 

13   children -- was led by transgender women of 

14   color, including Marsha P. Johnson and 

15   Sylvia Rivera.

16                Mr. President, I join you in that 

17   apology to the transgender community.  And we're 

18   on the Senate floor today to reaffirm that 

19   message we heard at the Brooklyn Museum:  Black 

20   Trans Lives Matter.

21                I'm also reflecting on that powerful 

22   march as I cast my vote.  The bill we're casting 

23   today repeals an outdated and infamous part of 

24   our Penal Code, Section 240.37.  Just a series of 

25   numbers, but it gives police the power to stop or 


                                                               473

 1   detain transgender women or any woman, really, 

 2   particularly women of color, immigrants, and 

 3   LGBTQ youth, for simply walking down the street 

 4   and dressing the way they want to and hanging out 

 5   with whom they wish.

 6                The statute is used in ridiculous 

 7   ways to target New Yorkers.  People have been 

 8   arrested under the statute for reasons such as 

 9   wearing a "black jacket, blue jeans and gray 

10   boots," according to the police report.  Or 

11   "shorts and a tank top."  Carrying condoms in 

12   their purse.  Or waving to a Lyft to get a ride 

13   home.  One officer even testified that this 

14   statute could be used to stop any New Yorker who 

15   wore -- and I'm quoting from the testimony 

16   here -- "pretty much anything other than a nun's 

17   outfit."

18                This statute has been clearly used 

19   in a disproportionate way.  In 2019, 82.5 percent 

20   of people arrested under this law were Black or 

21   Latinx.  Recently an organization said:  

22   "Enforcement of this law leads to harassment and 

23   unjust arrests, undermines trust in our systems, 

24   and has no value in protecting members of our 

25   community."  "Leads to harassment and unjust 


                                                               474

 1   arrests, undermines trust in our systems, and has 

 2   no value in protecting members of our community."  

 3   I'll say it again.  

 4                Want to guess which organization 

 5   said that?  That was the District Attorneys 

 6   Association of the State of New York.  DAs across 

 7   this state have come out in favor of the bill 

 8   we're passing today, and for good reason.  They 

 9   write in their letter that "The time has come to 

10   eliminate this discriminatory and 

11   counterproductive law."

12                I'm proud that New York becomes the 

13   first state, Mr. President, to roll back this 

14   discriminatory statute.  It's my hope that our 

15   progress today will light a spark that ignites 

16   nationwide, inspiring other states with similar 

17   statutes, like California and Illinois, to repeal 

18   these outdated and transphobic laws.

19                I'm grateful to Senate Majority 

20   Leader Andrea Stewart-Cousins and Codes Committee 

21   Chair Jamaal Bailey for their unwavering support 

22   of this bill and LGBTQ and transgender rights.  I 

23   appreciate our colleagues, including Senator 

24   Salazar, our coprime sponsor; Senator Ramos, who 

25   represents so many constituents targeted by this 


                                                               475

 1   unjust statute; and 37 of our colleagues who 

 2   cosponsored this bill.

 3                Thanks to Assembly sponsor Amy 

 4   Paulin, who advocated for this bill, and New York 

 5   City Councilmember Carlina Rivera, who passed a 

 6   City Council resolution in support.

 7                And most importantly, I'm grateful 

 8   to the brave leaders from the transgender 

 9   community who spoke up and spoke out to make this 

10   bill a reality:  Trans women, including 

11   TS Candii, Kiara St. James of the New York 

12   Transgender Advocacy Group; Bianey Garcia; Norma 

13   Ureiro; Melissa Brudo; Mariah Lopez, the 

14   spiritual daughter of Sylvia Rivera.  Francis 

15   Steele, Jaylee Bratlee, Ceyenne Doroshow, and 

16   many others -- others who we don't even know, who 

17   courageously told their stories even if it wasn't 

18   easy.

19                They spoke up because they knew they 

20   could turn the pain of the transgender 

21   community -- which I'm sorry to say includes 

22   monumental pain, suffering, and even death -- 

23   into advocacy to help make New York a more equal 

24   and just place for everyone.

25                You know, Mr. President, I spoke to 


                                                               476

 1   a woman who's been advocating for this bill today 

 2   named Kiara St. James.  She expressed to me how 

 3   her community has felt like a second-class 

 4   citizen.  Anytime she and her girlfriends come to 

 5   Midtown just to have fun, like so many of us do 

 6   on a regular basis, they face the risk of being 

 7   stopped by the police, falsely accused of 

 8   criminal activity, harassed and arrested under 

 9   the statute that we're repealing today.  Can you 

10   imagine having the specter of arrest hanging over 

11   your every move?  Well, that's been the reality 

12   for so many transgender women of color.  

13                She said this feeling of constant 

14   prosecution for crimes you didn't commit, of 

15   nobody believing you or believing in you, has led 

16   to what she calls a malaise of hopelessness, a 

17   malaise of hopelessness for so many of her 

18   transgender sisters which leads to drug abuse and 

19   sex work.

20                Kiara thinks this law today, with 

21   it, we can turn the corner for all of her 

22   sisters.  She sees them going to college and 

23   technical school and getting degrees, reclaiming 

24   their dignity and humanity.  Kiara says she's so 

25   proud that New York is leading the nation by 


                                                               477

 1   being the first state legislature to strike down 

 2   the "walking while trans" ban.  

 3                I proudly vote aye, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Hoylman to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 171, those Senators voting in the 

 9   negative are Senators Akshar, Borrello, Boyle, 

10   Felder, Gallivan, Griffo, Helming, Jordan, 

11   Martucci, Mattera, Oberacker, Ortt, Palumbo, 

12   Rath, Serino and Weik.

13                Ayes, 45.  Nays, 16.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                Senator Gianaris, that completes the 

17   reading of today's calendar.

18                SENATOR GIANARIS:   Can we now move 

19   to the controversial calendar, please.

20                ACTING PRESIDENT BENJAMIN:   The 

21   Secretary will ring the bell.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 66, 

24   Assembly Print 980, substituted earlier by 

25   Assemblymember Abbate, an act to amend the 


                                                               478

 1   Labor Law.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Jordan, why do you rise?

 4                SENATOR JORDAN:   Mr. President, I 

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

 6   waive the reading of that amendment and ask that 

 7   you recognize Senator Rath to be heard.

 8                ACTING PRESIDENT BENJAMIN:   Thank 

 9   you, Senator Jordan.  

10                Upon review of the amendment, in 

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

12   nongermane and out of order at this time.

13                SENATOR JORDAN:   Accordingly, 

14   Mr. President, I appeal the ruling of the chair 

15   and ask that Senator Rath be recognized.

16                ACTING PRESIDENT BENJAMIN:   The 

17   appeal has been made and recognized, and Senator 

18   Rath may be heard.

19                SENATOR RATH:   Thank you, 

20   Mr. President.  

21                I rise to appeal the ruling of the 

22   chair.  The proposed amendment is germane to the 

23   bill at hand because this bill allows 

24   collaboration in addressing operations for public 

25   employees during a declared state of emergency 


                                                               479

 1   involving a communicable disease.  

 2                Our proposed amendment would also 

 3   encourage collaboration between the Executive and 

 4   the Legislature in addressing the state's 

 5   response to COVID-19 by rescinding the 

 6   Executive's complete authority.  For these 

 7   reasons, Mr. President, I strongly encourage you 

 8   to reconsider your ruling.

 9                At the start of the pandemic back in 

10   March of 2020, we had no idea what would unfold 

11   and allowed the Governor to have total Executive 

12   power to deal with the pandemic issues quickly, 

13   which was needed at the time.

14                Fast forward to today.  We are now 

15   over 300 days later, and these gubernatorial 

16   emergency powers are no longer needed.  In fact, 

17   my Senate Republican colleagues and I have 

18   consistently attempted to strip these powers of 

19   the Governor, to no avail.

20                Surely we can all agree that the 

21   time for centralized government decision-making 

22   has come to an end.

23                In general, our Legislature, our 

24   State Legislature's voice has been blunted.  All 

25   the while, we are not getting the answers the 


                                                               480

 1   public is demanding of us, especially on 

 2   vaccinations and deaths in our nursing homes.

 3                Last month each and every member in 

 4   this body swore an oath to the voters of New York 

 5   State to uphold their values and represent their 

 6   interests.  The time to act is now for us and our 

 7   constituents across New York State to rescind the 

 8   Governor's expanded executive powers.  

 9                Checks and balances, I believe, are 

10   mission-critical to a successful state 

11   government.  As members of the Legislature we are 

12   doing our state and our constituencies a 

13   disservice by not taking back our constitutional 

14   role in New York State.  Frankly, it is time we 

15   put the responsibility of governing back on the 

16   shoulders of the New York State Legislature.

17                We tried demanding transparency and 

18   accountability yesterday in a committee meeting, 

19   yet my good friend and colleague Senator Tom 

20   O'Mara was muted, and his request was shot down.  

21   This was extremely disrespectful, in my opinion, 

22   and unexpected from our esteemed Democrat 

23   colleagues here in the State Senate.  We are 

24   supposed to be working together even if we don't 

25   always agree.  


                                                               481

 1                Mr. President, coequal branches and 

 2   checks and balances are important words in 

 3   government.  These words are supposed to mean 

 4   something.  Simply put, let's get back to work.  

 5                Again, for these reasons, I 

 6   encourage you to reconsider your ruling.  Thank 

 7   you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Thank 

 9   you, Senator Rath.  

10                I want to remind the house that the 

11   vote is on the procedures of the house and the 

12   ruling of the chair.

13                Those in favor of overruling the 

14   chair signify by saying aye.

15                SENATOR JORDAN:   Request a show of 

16   hands.

17                SENATOR GIANARIS:   Mr. President, 

18   we have agreed to waive the showing of hands and 

19   record each member of the Minority in the 

20   affirmative.

21                ACTING PRESIDENT BENJAMIN:   Without 

22   objection, so ordered.

23                Announce the results.

24                THE SECRETARY:   Ayes, 18.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               482

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

 2   is before the house.

 3                Senator Rath.

 4                SENATOR RATH:   Thank you, 

 5   Mr. President.  I have a clarifying question on 

 6   the bill.

 7                ACTING PRESIDENT BENJAMIN:   So 

 8   you'd like to ask the -- 

 9                SENATOR RATH:   I'd like to ask the 

10   Senator a question.

11                ACTING PRESIDENT BENJAMIN:   Okay.  

12   Does the Senator yield?  

13                SENATOR GIANARIS:   I will yield, 

14   Mr. President.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Senator yields.

17                SENATOR RATH:   Thank you, 

18   Mr. President.  

19                The original chapter bill, No. 168, 

20   was signed and became effective on September 7, 

21   2020.  In the approval memo the Governor states 

22   that the intent of this technical amendment is to 

23   extend the deadline for adoption of a final plan 

24   to April 1, 2021.  Section 4 of the bill being 

25   considered right now requires that a draft plan 


                                                               483

 1   be submitted to the applicable labor management 

 2   committee no later than 150 days from the 

 3   effective date of the original chapter and 

 4   finalized plan to be adopted by April 1st of 

 5   2021.

 6                Is the intent of this bill to 

 7   require public employees to submit a draft plan 

 8   150 days from the effective date of the original 

 9   chapter, which was September 7th of 2020?

10                SENATOR GIANARIS:   Mr. President, 

11   the intent was to do that.  This chapter 

12   amendment is obviously happening today, and the 

13   timeline is stressed.  I believe the public 

14   employers.  Which I think is what Senator Rath 

15   meant to say, are committed to making a good 

16   faith effort to provide opportunity for comments 

17   from representatives of labor, and the 

18   representatives of organized labor are 

19   understanding of this and okay moving ahead with 

20   that process.

21                SENATOR RATH:   Thank you, 

22   Mr. President.  Would the sponsor continue to 

23   yield?  

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the Senator yield?  


                                                               484

 1                SENATOR GIANARIS:   Yes.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senator yields.

 4                SENATOR RATH:   Thank you.  

 5                Are you aware that this means that 

 6   the draft proposals are due this Thursday?  

 7                SENATOR GIANARIS:   As I said, 

 8   Mr. President, the timeline is stressed because 

 9   of the way this chapter amendment came down.  We 

10   are obviously in an emergency situation, dealing 

11   with an emergency that is imminently affecting 

12   millions of people, and so we certainly don't 

13   want to hold up the provision of safety for 

14   public employees throughout the state.  

15                Representatives of both labor and 

16   management are okay moving ahead, with the 

17   understanding there will be a good-faith effort 

18   made by all parties involved to comply as best as 

19   they can.

20                SENATOR RATH:   Thank you, 

21   Mr. President.  Would the Senator continue to 

22   yield for another question.  

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the Senator yield?

25                SENATOR GIANARIS:   Yes.


                                                               485

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Senator yields.

 3                SENATOR RATH:   Thank you.  

 4                Do we expect the Governor to sign 

 5   this by Thursday?  

 6                SENATOR GIANARIS:   I don't know 

 7   exactly when the Governor intends to sign it, but 

 8   I believe the Governor is in support of this 

 9   legislation.  This was the result of an agreement 

10   with the Executive.

11                SENATOR RATH:   Thank you, 

12   Mr. President.  Would the sponsor continue to 

13   yield.

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the Senator yield?

16                SENATOR GIANARIS:   Yes.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Senator yields.

19                SENATOR RATH:   Thank you.  

20                One last question.  I think we need 

21   to be working on more of a heads-up when it comes 

22   to public employers.  Was that considered, the 

23   timeline, in the passage of this legislation and 

24   two days from now this goes into effect?  

25                SENATOR GIANARIS:   I'm not sure 


                                                               486

 1   what the Senator means by a heads-up to the 

 2   employers.  But I will stress again that this is 

 3   a chapter amendment to a law that was passed in 

 4   the fall.  And that both the employer and 

 5   employee side of the equation all understand why 

 6   we're moving as quickly as we are and will do 

 7   their best to comply in good faith with the 

 8   provisions of this law.

 9                SENATOR RATH:   Thank you, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Are 

12   there any other Senators wishing to be heard?  

13                Seeing and hearing none, debate is 

14   closed.  The Secretary will ring the bell.

15                Read the last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 66, those Senators voting in the 

25   negative are Senators Akshar and Rath.  


                                                               487

 1                Ayes, 60.  Nays, 2.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   139, Assembly Number 2574, substituted earlier by 

 7   Assemblymember Walker, an act to amend the 

 8   Election Law.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Rath.

11                SENATOR RATH:   Thank you, 

12   Mr. President.  Will the sponsor yield for 

13   questions.

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR GIANARIS:   I will yield.

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields.

19                SENATOR RATH:   Thank you, 

20   Mr. President.

21                When California enacted the 

22   automatic voter registration, there were 150,000 

23   errors on registrations within the first year, 

24   and at least 1500 people that were ineligible to 

25   vote yet were registered to vote.  Some people 


                                                               488

 1   may say to themselves, Well, 1500 votes is not a 

 2   lot.  But if you look at the race right here in 

 3   New York State, the 22nd Congressional District, 

 4   only a handful of votes will decide the winner of 

 5   that race.

 6                Do you have any concerns that 

 7   New York will experience similar registration 

 8   errors?  

 9                SENATOR GIANARIS:   No.

10                SENATOR RATH:   Thank you, 

11   Mr. President.  Will the sponsor continue to 

12   yield?  

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?

15                SENATOR GIANARIS:   Yes.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR RATH:   Does this bill still 

19   contain the presumption of innocence provision of 

20   the original bill?  

21                SENATOR GIANARIS:   Yes.

22                SENATOR RATH:   Thank you, 

23   Mr. President.  Will the sponsor continue to 

24   yield?  

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               489

 1   the sponsor yield?

 2                SENATOR GIANARIS:   Yes.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR RATH:   How would a 

 6   prosecutor prove someone intentionally did not 

 7   opt out of a voter registration?  

 8                SENATOR GIANARIS:   Well, 

 9   Mr. President, there are ample examples 

10   throughout the country of prosecutors developing 

11   and using evidence against people who commit 

12   malfeasance.  I imagine it would unfold the same 

13   way as it does in any other instance of 

14   prosecution.

15                SENATOR RATH:   Thank you, 

16   Mr. President.  Will the sponsor continue to 

17   yield?  

18                ACTING PRESIDENT BENJAMIN:   Does 

19   the sponsor yield?

20                SENATOR GIANARIS:   Yes.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.

23                SENATOR RATH:   Does this bill 

24   contain the provision that someone can register 

25   to vote even if they are not providing a 


                                                               490

 1   signature?

 2                SENATOR GIANARIS:   This bill does 

 3   nothing to change the law in that regard.

 4                SENATOR RATH:   Thank you.  

 5                Mr. President, will the sponsor 

 6   continue to yield?  

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR GIANARIS:   Yes.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR RATH:   Thank you.  

13                It appears that the chapter 

14   amendment delays the implementation of the 

15   automatic voter registration at several agencies.  

16   Why the delay at these agencies?

17                SENATOR GIANARIS:   This bill is the 

18   result of discussions with the Executive, who as 

19   the overseer of these agencies believed that the 

20   ones that were delayed needed an extra year to 

21   fully implement the provisions of the law.

22                SENATOR RATH:   Mr. President, will 

23   the sponsor continue to yield?  

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?


                                                               491

 1                SENATOR GIANARIS:   Yes.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR RATH:   Will these agencies 

 5   need funding to implement the enrollment system?

 6                SENATOR GIANARIS:   It depends, is 

 7   the answer.  The Department of Motor Vehicles, 

 8   for example, is already registering people under 

 9   a different process, so they can likely use 

10   whatever mechanism is already in place.

11                But yes, for additional agencies 

12   that are adding this service, they would need to 

13   dedicate some resources to it, and time, which is 

14   likely why the Executive requested additional 

15   implementation time.

16                SENATOR RATH:   Thank you, 

17   Mr. President.  Will the sponsor continue to 

18   yield?  

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR GIANARIS:   Yes.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR RATH:   How was it decided 

25   which agencies would automatically register 


                                                               492

 1   voters?  

 2                SENATOR GIANARIS:   That was the 

 3   result of determinations and discussions with the 

 4   Executive in terms of which agencies had the 

 5   necessary information to make determinations 

 6   about eligibility.  

 7                So certain agencies, for example, 

 8   have citizenship, age, address information, and 

 9   others do not.  So the choice was made to select 

10   agencies that were best equipped to determine 

11   eligibility.

12                SENATOR RATH:   Thank you.  

13                Mr. President, will the sponsor 

14   continue to yield?  

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?

17                SENATOR GIANARIS:   Yes.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR RATH:   Thank you.

21                Was there the consideration of the 

22   administrative and sort of bureaucratic work, 

23   additional work that these agencies are going to 

24   be required to do when it comes to automatic 

25   voter registration within their organizations?  


                                                               493

 1                SENATOR GIANARIS:   Yes.

 2                SENATOR RATH:   Thank you, 

 3   Mr. President.  Will the sponsor continue to 

 4   yield?  

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR GIANARIS:   Yes.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR RATH:   One of the main 

11   arguments for automatic voter registration is it 

12   will increase turnout.  Is there evidence of 

13   this?  

14                SENATOR GIANARIS:   Well, 

15   Mr. President, every time we have made it easier 

16   for people, eligible people, to enroll and to 

17   participate in elections, we have seen a 

18   concomitant increase in turnout.  

19                So if we take the estimated 1 to 2 

20   million people in New York State who are eligible 

21   but not registered to vote and put them on the 

22   rolls, it will almost inevitably lead to a 

23   dramatic increase in turnout.

24                SENATOR RATH:   Thank you, 

25   Mr. President.


                                                               494

 1                ACTING PRESIDENT BENJAMIN:   Are 

 2   there any other Senators wishing to be heard?

 3                Seeing and hearing none, debate is 

 4   closed.  The Secretary will ring the bell.

 5                The Secretary will read the last 

 6   section.

 7                THE SECRETARY:   Section 3.  This 

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

 9   same manner as a chapter of the Laws of 2020.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 139, those Senators voting in the 

17   negative are Senators Akshar, Borrello, Boyle, 

18   Gallivan, Griffo, Helming, Jordan, Lanza, 

19   Martucci, Mattera, Oberacker, O'Mara, Ortt, 

20   Palumbo, Rath, Ritchie, Serino, Stec and Weik.

21                Ayes, 43.  Nays, 19.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                Senator Gianaris, that completes the 

25   reading of the controversial calendar.


                                                               495

 1                SENATOR GIANARIS:   Is there any 

 2   further business at the desk?

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is no further business at the desk.

 5                SENATOR GIANARIS:   I move to 

 6   adjourn until tomorrow, Wednesday, February 3rd, 

 7   at 11:00 a.m.

 8                ACTING PRESIDENT BENJAMIN:   On 

 9   motion, the Senate stands adjourned until 

10   Wednesday, February 3rd, at 11:00 a.m.

11                (Whereupon, at 3:55 p.m., the Senate 

12   adjourned.)

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