2802
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 2, 2022
11 3:22 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
2803
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: 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 MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 May 1, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday, April 30,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Skoufis
2804
1 moves to discharge, from the Committee on Energy
2 and Telecommunications, Assembly Bill Number 340B
3 and substitute it for the identical Senate Bill
4 Number 1829B, Third Reading Calendar 119.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Kennedy.
14 SENATOR KENNEDY: Good afternoon,
15 Madam President. It is great to see you once
16 again.
17 I am standing in for
18 Senator Gianaris, who again is doing well, sends
19 his regards, and will be back with us soon.
20 I'd like to offer amendments to the
21 following Third Reading Calendar bills,
22 Madam President.
23 The first bill, sponsored by
24 Senator Mayer, page 26, Calendar Number 469,
25 Senate Print 6363.
2805
1 The next bill, sponsored by
2 Senator Kaminsky, page 28, Calendar Number 502,
3 Senate Print 1019B.
4 The next bill, sponsored by
5 Senator Krueger, page 31, Calendar Number 564,
6 Senate Print 6226C.
7 The next bill, sponsored by
8 Senator Breslin, page number 35, Calendar Number
9 662, Senate Print 7744.
10 And finally, sponsored by Senator
11 Hinchey, page number 45, Calendar Number 798,
12 Senate Print Number 7655.
13 Madam President, I now move that
14 these bills retain their place on the order of
15 third reading.
16 ACTING PRESIDENT MAYER: The
17 amendments are received, and the bills will
18 retain their place on the Third Reading Calendar.
19 Senator Kennedy.
20 SENATOR KENNEDY: Yes,
21 Madam President, I wish to call up Bill Print
22 5027B, by Senator Kavanagh, recalled from the
23 Assembly, which is now at the desk.
24 ACTING PRESIDENT MAYER: The
25 Secretary will read.
2806
1 THE SECRETARY: Calendar Number
2 262, Senate Print 5027B, by Senator Kavanagh, an
3 act to amend the Environmental Conservation Law.
4 SENATOR KENNEDY: I now move to
5 reconsider the vote by which this bill was
6 passed.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT MAYER: The bill
12 is restored to its place on the Third Reading
13 Calendar.
14 SENATOR KENNEDY: Madam President,
15 I now offer the following amendments.
16 ACTING PRESIDENT MAYER: The
17 amendments are received, and the bill will retain
18 its place on the Third Reading Calendar.
19 Senator Kennedy.
20 SENATOR KENNEDY: Madam President,
21 I wish to call up Bill Print Number 2012, by
22 Senator Jackson, recalled from the Assembly,
23 which is now at the desk.
24 ACTING PRESIDENT MAYER: The
25 Secretary will read.
2807
1 THE SECRETARY: Calendar Number
2 453, Senate Print 2012, by Senator Jackson, an
3 act to amend the Administrative Code of the City
4 of New York.
5 SENATOR KENNEDY: Madam President,
6 I now wish to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MAYER: The bill
13 is restored to its place on the Third Reading
14 Calendar.
15 SENATOR KENNEDY: Madam President,
16 I now offer the following amendments.
17 ACTING PRESIDENT MAYER: The
18 amendments are received, and the bill will retain
19 its place on the Third Reading Calendar.
20 SENATOR KENNEDY: Madam President,
21 I wish to call up Bill Print Number 2013, also by
22 Senator Jackson, recalled from the Assembly,
23 which is now at the desk.
24 ACTING PRESIDENT MAYER: The
25 Secretary will read.
2808
1 THE SECRETARY: Calendar Number
2 454, Senate Print 2013, by Senator Jackson, an
3 act to amend the Administrative Code of the City
4 of New York.
5 SENATOR KENNEDY: Madam President,
6 I now move to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MAYER: The bill
13 is restored to its place on the Third Reading
14 Calendar.
15 SENATOR KENNEDY: Madam President,
16 I now offer the following amendments.
17 ACTING PRESIDENT MAYER: The
18 amendments are received, and the bill will retain
19 its place on the Third Reading Calendar.
20 SENATOR KENNEDY: Thank you,
21 Madam President.
22 There will be an immediate meeting
23 of the Rules Committee in Room 332.
24 ACTING PRESIDENT MAYER: There will
25 be an immediate meeting of the Rules Committee in
2809
1 Room 332.
2 The Senate stands at ease.
3 (Whereupon, the Senate stood at ease
4 at 3:27 p.m.)
5 (Whereupon, the Senate reconvened at
6 3:38 p.m.)
7 SENATOR KENNEDY: Madam President,
8 there is a report of the Rules Committee at the
9 desk.
10 Please take that up.
11 ACTING PRESIDENT MAYER: The
12 Secretary will read.
13 THE SECRETARY: Senator
14 Stewart-Cousins, from the Committee on Rules,
15 reports the following bills:
16 Senate Print 8947, by Senator
17 Gounardes, an act to amend Part RR of Chapter 59
18 of the Laws of 2022;
19 Senate Print 8948, by
20 Senator Gounardes, an act to amend subpart A of
21 Part MM of Chapter 59 of the Laws of 2022;
22 Senate Print 8949, by
23 Senator Krueger, an act to amend the
24 Election Law.
25 All bills reported direct to third
2810
1 reading.
2 SENATOR KENNEDY: I move to accept
3 the report of the Rules Committee,
4 Madam President.
5 ACTING PRESIDENT MAYER: Thank you,
6 Senator Kennedy.
7 The question is on the report of the
8 Rules Committee. All in favor signify by saying
9 aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MAYER: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT MAYER: The report
15 is accepted.
16 Senator Kennedy.
17 SENATOR KENNEDY: Thank you.
18 Please take up previously adopted
19 Resolution 1525, by Senator Kaplan, read that
20 resolution in title only, and recognize
21 Senator Kaplan on the resolution.
22 ACTING PRESIDENT MAYER: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 1525, by Senator Kaplan, commemorating the
2811
1 observance of Yom HaShoah in the State of
2 New York, April 27-28, 2022.
3 ACTING PRESIDENT MAYER: Senator
4 Kaplan on the resolution.
5 SENATOR KAPLAN: Thank you,
6 Madam President.
7 From 1933 to 1945, 6 million Jews
8 were murdered in the Nazi Holocaust, systematic
9 program of genocide designed to eliminate Jewish
10 people from the face of the earth.
11 On Holocaust Remembrance Day, also
12 known as Yom HaShoah, we remember the 6 million
13 lives lost to antisemitism and hatred during the
14 Holocaust, and we pass their stories on to the
15 next generation so that we may never forget what
16 happened.
17 But in a time where there are fewer
18 survivors among us to share their stories, how do
19 we ensure that "Never Forget" isn't just a saying
20 but something we are ensuring?
21 A recent study by the Claims
22 Conference laid out shocking statistics about how
23 we are failing at teaching the next generation
24 about the atrocities of the Holocaust. Among
25 millennials in New York, 58 percent can't name a
2812
1 single concentration camp; 19 percent believe
2 that Jews caused the Holocaust; and 28 percent
3 believe that the Holocaust is a myth or a story
4 that has been exaggerated.
5 Let that sink in for a minute: More
6 than a quarter of New York millennials believe
7 that the Holocaust is a myth or has been
8 exaggerated.
9 I would point out also that in each
10 of these three categories, New York ranked dead
11 last of any state in this country -- a truly
12 shocking fact, considering just how many
13 Holocaust survivors settled right here in our
14 state.
15 Learning the lessons of the
16 Holocaust is more important today than ever
17 before, and it's taken a new urgency in recent
18 weeks as we all watched in horror as a peaceful
19 European nation was invaded under false pretenses
20 and cynically using Holocaust misinformation as
21 an excuse to do so.
22 It is critical that we all know our
23 history and that we teach our next generation
24 about it, no matter how dark or difficult that
25 conversation may be. That is why I've been
2813
1 fighting to pass the Holocaust education bill,
2 which will ensure that every single child in
3 New York receives a meaningful education on the
4 Holocaust.
5 And that is why I've been pushing so
6 hard for this -- for its passage, because at a
7 time when hatred and antisemitism is exploding
8 around the world and in our own community, we
9 must do everything we can to ensure that we learn
10 the lessons of history so that we are not doomed
11 to repeat it again.
12 Thank you, Madam President.
13 ACTING PRESIDENT MAYER: Thank you,
14 Senator Kaplan.
15 Senator Hoylman on the resolution.
16 SENATOR HOYLMAN: Thank you,
17 Madam President.
18 I want to first thank Senator Kaplan
19 for her efforts in making certain that Holocaust
20 education is what it should be in the State of
21 New York: As a method, as a process, as an
22 effort to realign young people's thinking about
23 the reality and the horrors of the Holocaust.
24 And I wanted to share with you today
25 a letter that was sent on December 7, 1941, by my
2814
1 husband's great-grandmother to her daughter. Her
2 name was Rozjka, and the daughter, my husband's
3 great-aunt, was Frieda. And what it -- well,
4 I'll read it first. And what strikes me is how
5 normal things were back on March 26, 1941, in the
6 Bialystok region of Poland.
7 And she writes: "My dear child, we
8 received your postcard and your letter with the
9 card, and I replied immediately. I assume you
10 already received it.
11 "How are you doing, my beloved? You
12 probably correspond with Sonia. How are they
13 doing? How is she doing? Why don't you send
14 regards to Rachel and to Chachi as well? Why is
15 it that none of them is writing anything to me?
16 Did you enjoy yourself at the wedding?
17 "Thank God we are in good health and
18 doing well. We don't lack anything, and we hope
19 that things will not get worse and that we will
20 be in good health. I am the way I used to be.
21 We could not be in better health. As long as I
22 walk on my feet, it is certainly good. And God
23 knows what and how the end will be."
24 This was written, Madam President,
25 three months before she and her entire family
2815
1 were exterminated.
2 So again, Madam President, the
3 purpose of today's resolution could not be more
4 important as we see the rates of antisemitism and
5 hatred skyrocket across the country, including
6 New York.
7 Thank you, Senator Kaplan.
8 ACTING PRESIDENT MAYER: Thank you,
9 Senator Hoylman.
10 Senator May on the resolution.
11 SENATOR MAY: Thank you,
12 Madam President.
13 And I also want to thank
14 Senator Kaplan for bringing this resolution and
15 reminding us how -- what it means, truly, when we
16 say we will never forget.
17 I have visited Dachau, I've visited
18 Yad Vashem in Israel, I've visited the Holocaust
19 Museum in Washington, D.C. And it's important to
20 keep reminding ourselves just how powerful a
21 hateful ideology can be, how powerful propaganda
22 can be when it's trained on people who are
23 already angry or frustrated or feeling like
24 they're losing control of their government or
25 their society.
2816
1 People who are otherwise -- think of
2 themselves as kind and thoughtful and good
3 neighbors and upstanding citizens can suddenly be
4 changed profoundly by that kind of propaganda
5 campaign.
6 And I think we can see it happening
7 in Russia right now, where people believe that
8 there are neo-Nazis in Ukraine who are being --
9 you know, that somehow the war is justified. We
10 are seeing it at home as well. And I think it is
11 absolutely critical that we keep reminding
12 ourselves how important it is to remember what
13 road it is possible to go down and how we must
14 never go down that road again.
15 Thank you.
16 ACTING PRESIDENT MAYER: Thank you,
17 Senator May.
18 Senator Krueger on the resolution.
19 SENATOR KRUEGER: Thank you. Thank
20 you very much, Madam President.
21 I also rise to thank Senator Kaplan
22 for bringing this resolution to us, and for also
23 just sharing for a few minutes that my own
24 family, Jewish from Eastern Europe, many died in
25 the war, many of us were here first, and some
2817
1 survived the camps and came to this country after
2 the war.
3 But as my colleagues have pointed
4 out, the real lesson for the 21st century of why
5 we must never forget is because it is so easy to
6 repeat. And we are seeing it today, far more
7 than at any other point in my life. We are
8 seeing neofascists, neo-Nazis, dictators. We are
9 seeing Putin attempt to take countries in Europe
10 with little difference between the philosophy he
11 seems to be carrying out and Hitler before him.
12 And so it is crucial as nations, as
13 the individuals within nations, particularly one
14 like ours, which we are so proud of it being
15 pluralistic and most of the time most of us being
16 able to live in harmony with each other -- that
17 we not only never forget, we are extremely
18 conscious of these mistakes starting small and
19 growing rapidly into uncontrolled movements that
20 we won't know what hit us.
21 And I think in some parts of our
22 country we're also seeing that. I was reading
23 this morning about a caravan of trucks that
24 started from one part of the country and is
25 filled with people with guns and anger and
2818
1 hatred, and identify themselves as neofascists,
2 starting to travel state by state with already
3 one shootout on a highway.
4 So we can't just think of it as
5 history. We have to keep reminding ourselves of
6 what the human being in each of us is capable of
7 if the wrong decisions are made. And we have to
8 keep making sure that we, as representatives of
9 government, and our governments keep making the
10 right decisions.
11 Thank you, Madam President.
12 ACTING PRESIDENT MAYER: Thank you.
13 Senator Savino on the resolution.
14 SENATOR SAVINO: Thank you,
15 Madam President.
16 I also rise to thank Senator Kaplan
17 for bringing this resolution again.
18 For almost the entire time that I've
19 been a member of the Senate, I've represented the
20 portions of south Brooklyn that are home to the
21 highest concentration of Holocaust survivors some
22 say in the country, certainly in the State of
23 New York.
24 For many years the communities of
25 Borough Park and, for my entire career, Coney
2819
1 Island and Brighton Beach -- thousands of
2 Holocaust survivors who can trace their history
3 back to either Eastern Europe or, many of them,
4 to the Russian-speaking portion of the areas that
5 were affected by the Holocaust.
6 They are living history. And their
7 resilience -- many of them are very old now, in
8 their late eighties, some of them in their
9 nineties -- their ability to speak about what
10 happened to them and their families and share
11 their history as a lesson to young people has
12 been remarkable.
13 Every year up, until the past two
14 years during the pandemic -- but one of the
15 experiences that has been really amazing to watch
16 is every year the Shorefront Y would have a day
17 where the Holocaust survivors would meet with
18 young students from a high school. They pick a
19 different high school every year.
20 And they would sit down and they
21 would speak about what they had gone through,
22 what their families had gone through. And they
23 would -- it would be an actual living history
24 lesson. Really amazing to watch and to see these
25 young people, for whom the Holocaust was some
2820
1 sort of a chapter in a history book, and it
2 became a living history lesson for them.
3 In a few years most of these
4 survivors will no longer be here. It's just
5 reality. So I think it's critically important
6 that we honor their legacy, capture them while
7 they're alive, and then finally pass
8 Senator Kaplan's bill to make sure that the
9 Holocaust is really taught appropriately and with
10 the right type of dignity so that we never
11 forget, as Senator Krueger mentioned, and we
12 remind the world that humans are capable of great
13 things and we are also capable of great horror.
14 And if we take our eye off of that,
15 we could relive a Holocaust again. And God
16 forbid that ever happens.
17 So thank you, Madam President.
18 Thank you, Senator Kaplan.
19 ACTING PRESIDENT MAYER: Senator
20 Gounardes on the resolution.
21 SENATOR GOUNARDES: Thank you,
22 Madam President.
23 You know, there's a lot of junk we
24 can find on social media these days, like Twitter
25 especially. But one of the most sobering Twitter
2821
1 accounts that I happen to follow is the Twitter
2 account of the Auschwitz Memorial. And every
3 day, every 20, 30 minutes they post a name and a
4 picture of someone who was exterminated during
5 the Holocaust.
6 If we ever need a reminder as to the
7 true human cost and the toll that that
8 devastating chapter in human history actually
9 took, just look at that Twitter account. It's
10 easy to think something happened 75 years ago, it
11 didn't happen to us, unless we had a personal
12 connection to it. We just hear numbers. Numbers
13 sound so distant to us. Look at the pictures.
14 Look at the names. The children. The mothers.
15 The fathers. It's the most sobering account that
16 I follow. And it's a great reminder as to how
17 important it is that we actually take a day every
18 year to remember the Holocaust, remember what
19 happened.
20 I want to thank Senator Kaplan for
21 this resolution.
22 A few years ago I read a book about
23 the history of the Jewish community in Greece,
24 and I learned that like so many countries in
25 Europe, the Jewish community in Greece was
2822
1 devastated by the Holocaust. The highest
2 percentage of its Jewish population of any other
3 country in Europe was wiped out during the
4 Holocaust. Ninety-four percent of the Jewish
5 community in Greece was exterminated by the Nazi
6 regime.
7 And I think about a story I read
8 from the island of Zakynthos, where there was a
9 community of 245 Jews living on the island. And
10 when the Nazis came to the island and said to the
11 mayor and to the bishop "Turn over a list of all
12 the Jews," they turned over a list with two
13 names: The mayor's and the bishop's. And they
14 hid the Jewish community, and they protected
15 them. And they saved them.
16 So when we say "never forget," it's
17 not just a reminder to ourselves to say, okay,
18 never forget. It's on the people who are not the
19 targets to stand up and use themselves as a
20 shield, either physically or metaphorically, to
21 be able to protect those who are under attack,
22 who are under assault, whose very existence is
23 being threatened and jeopardized.
24 And so that history is very deep,
25 very personal. And as I continue to explore the
2823
1 history of the Jewish community in Greece, which
2 is very important to me, stories like that I
3 think are a great reminder as to the role that we
4 can play to stand up against a rising tide of
5 antisemitism, a rising tide of hatred and
6 bigotry, whether it's happening to our Jewish
7 neighbors, to our Asian neighbors -- whoever
8 might be that target.
9 We all bear that responsibility to
10 stand up and not just say "never again," but to
11 actively live out the value that we are preaching
12 and actually make sure that it never happens
13 again.
14 Thank you.
15 ACTING PRESIDENT MAYER: Thank you.
16 Senator Reichlin-Melnick on the
17 resolution.
18 SENATOR REICHLIN-MELNICK: Thank
19 you, Madam President.
20 And thank you, Senator Kaplan, for
21 introducing this incredibly important resolution.
22 Because we are now almost
23 three-quarters of a century beyond the end of the
24 Holocaust, and this is a time when horrific human
25 rights violations are happening around the world,
2824
1 still. We said "never forget," but there are
2 horrific violations happening in countries all
3 over the world -- in Syria and Yemen, in China
4 and Burma, and of course in Russia's ongoing
5 invasion of Ukraine.
6 And so now it's more important than
7 ever that we keep the memory of the Holocaust
8 alive. We have to use that knowledge to alert
9 people to where racism, bigotry and militarized
10 nationalism can lead when left unchecked.
11 As the number of Holocaust survivors
12 decreases each year, we are losing a vital link
13 to their history. Younger generations are
14 increasingly shockingly uninformed about the
15 Holocaust. As Senator Kaplan noticed, studies
16 have shown that among New Yorkers ages 18 to 39,
17 28 percent thought the Holocaust was a myth or
18 had been exaggerated, and 19 percent -- almost
19 one in five -- thought that Jews themselves had
20 caused the Holocaust.
21 We are living in a world that is
22 awash with cynicism and misinformation, where
23 there is this divisive "us versus them" dynamic
24 that dominates our public discourse. And so too
25 often we can't even agree on simple facts that
2825
1 are right in front of our faces. Look at how
2 dealing with a deadly pandemic has become a
3 matter of politics, not public health.
4 If we're this divided and
5 misinformed on what's going on in the world
6 today, it's not surprising that so many people
7 are deeply ignorant about history. And it's not
8 surprising, but it is incredibly concerning and
9 alarming.
10 And so I'll just say when I attended
11 public schools, we did learn about the Holocaust
12 and about the violent pogroms in Russia that
13 preceded it and that drove three-quarters of my
14 family to emigrate from what was then the Russian
15 Empire, around the turn of the 20th century, to
16 flee the murderous antisemitism that was taking
17 place in that part of Europe.
18 We even took a field trip down -- in
19 10th grade, with my school -- to the Holocaust
20 Museum in Washington, D.C.
21 But in speaking with other people,
22 younger generations, it's clear that not all
23 districts are providing an equally thorough
24 education in the Holocaust and antisemitism.
25 And so I am so proud that we did
2826
1 move this bill through the Education Committee
2 that Senator Kaplan has sponsored. I look
3 forward to passing it on the floor so that we can
4 make sure that all New Yorkers are getting an
5 accurate education. We can start to turn around
6 some of the misinformation and some of the
7 ignorance that's out there and make sure that
8 "never forget" and "never again" truly becomes a
9 reality.
10 I proudly support this resolution.
11 ACTING PRESIDENT MAYER: Thank you,
12 Senator Reichlin-Melnick.
13 Senator Boyle on the resolution.
14 SENATOR BOYLE: Thank you,
15 Madam President.
16 I rise in support of the resolution.
17 I'd like to thank Senator Kaplan for your
18 sponsorship.
19 These numbers are truly scary as to
20 the lack of knowledge for our students and of
21 people of all ages in New York State and around
22 the country.
23 I think back to the fact that
24 then-General Dwight D. Eisenhower said to the
25 American troops who didn't want to film the
2827
1 survivors of some of these concentration camps --
2 he said, "No, definitely film them, because in a
3 generation people are going to deny that this
4 happened."
5 Well, we have the videotape, as it
6 were. We've seen it ourselves. And even with
7 that, these numbers are scary as to the number of
8 students who don't know the basics about the
9 Holocaust. But we can turn it around.
10 But we need to be mindful, I think,
11 as elected officials. More than once I heard
12 people in politics comparing certain individuals
13 they don't like to Hitler. By doing that, we're
14 diminishing what actually happened in the
15 Holocaust. So I'd ask all my colleagues to think
16 about that. When they don't like someone, say
17 they're a jerk, say whatever they are. But don't
18 compare them to Hitler and what happened in the
19 Holocaust.
20 We must never forget. And for those
21 of my colleagues who have never been there, I
22 strongly suggest if you ever get to Israel, visit
23 Yad Vashem. You will never forget it.
24 I support it.
25 ACTING PRESIDENT MAYER: Thank you,
2828
1 Senator Boyle.
2 Senator Borrello on the resolution.
3 SENATOR BORRELLO: Thank you,
4 Madam President.
5 I also rise to thank the sponsor for
6 this resolution. I was also proud to stand with
7 her and several of my colleagues when we talked
8 about educating especially young people on the
9 Holocaust.
10 Her initiative to bring a mobile
11 Holocaust education effort to -- that could
12 actually go around all of New York State to bring
13 the reality of the Holocaust I think is needed
14 when you look at the statistics that she spoke
15 of, the fact that so many young people have a
16 misunderstanding of what the Holocaust is and
17 what actually happened.
18 I think it also speaks to -- because
19 some of my colleagues have brought up current
20 events, it also speaks to the fact that we do
21 have an effort in our nation to erase our
22 history, good and bad. And that is certainly an
23 effort that has not helped this situation.
24 So we have to ensure that we are
25 teaching our children actual history and get back
2829
1 to education instead of indoctrination.
2 Thank you, Madam President.
3 ACTING PRESIDENT MAYER: Thank you.
4 The resolution was previously
5 adopted on January 11th.
6 Senator Kennedy.
7 SENATOR KENNEDY: Thank you,
8 Madam President.
9 At the request of the sponsor, this
10 important resolution is open for cosponsorship.
11 ACTING PRESIDENT MAYER: The
12 resolution is open for cosponsorship. Should you
13 choose not to be a cosponsor of the resolution,
14 please notify the desk.
15 Senator Kennedy.
16 SENATOR KENNEDY: Madam President,
17 please take up the reading of the calendar.
18 ACTING PRESIDENT MAYER: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number 1,
21 Senate Print 253A, by Senator Myrie, an act to
22 amend the Election Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
2830
1 act shall take effect immediately.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1, those Senators voting in the
9 negative are Senators Akshar, Borrello, Boyle,
10 Gallivan, Griffo, Helming, Jordan, Lanza,
11 Martucci, Mattera, Oberacker, O'Mara, Ortt,
12 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
13 Weik.
14 Ayes, 42. Nays, 20.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 119, Assembly Print Number 340B, by
19 Assemblymember Zebrowski, an act to amend the
20 Public Authorities Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
2831
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 209, Senate Print 4540A, by Senator Rivera, an
10 act to amend the Social Services Law and the
11 Civil Practice Law and Rules.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 7. This
15 act shall take effect on the 180th day after it
16 shall have become a law.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 209, those Senators voting in the
24 negative are Senators Akshar, Borrello, Boyle,
25 Gallivan, Griffo, Helming, Jordan, Lanza,
2832
1 Martucci, Mattera, Oberacker, O'Mara, Ortt,
2 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
3 Weik.
4 Ayes, 42. Nays, 20.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 331, Senate Print 5261B, by Senator Kennedy, an
9 act to amend the Business Corporation Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect two years after it shall
14 have become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 358, Senate Print 5877C, by Senator Gallivan, an
25 act to amend the Village Law and the Public
2833
1 Officers Law.
2 ACTING PRESIDENT PERSAUD: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT PERSAUD: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 358, those Senators voting in the
13 negative are Senators Mannion, May,
14 Reichlin-Melnick and Skoufis.
15 Ayes, 58. Nays, 4.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 361, Senate Print 7399A, by Senator Gaughran, an
20 act to amend the General Municipal Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
2834
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 395, Senate Print 6244B, by Senator Krueger, an
10 act to amend the Labor Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 395, those Senators voting in the
22 negative are Senators Gallivan, Helming, Lanza
23 and Ortt.
24 Ayes, 58. Nays, 4.
25 ACTING PRESIDENT PERSAUD: The bill
2835
1 is passed.
2 THE SECRETARY: Calendar Number
3 495, Senate Print 8149, by Senator Cleare, an act
4 to amend the Correction Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 575, Senate Print 5333, by Senator Stec,
20 Concurrent Resolution of the Senate and Assembly
21 proposing an amendment to Section 1 of Article 14
22 of the Constitution.
23 ACTING PRESIDENT PERSAUD: The
24 question is on the resolution.
25 Call the roll.
2836
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed -- the resolution is passed.
7 THE SECRETARY: Calendar Number
8 623, Senate Print 7582A, by Senator Mayer, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Senator
18 Mayer to explain her vote.
19 SENATOR MAYER: Thank you,
20 Madam President.
21 Madam President, hurricane season
22 begins in less than a month, and we in New York
23 have learned the hard lessons the hard way when
24 it comes to hurricanes and flooding. None of us
25 will forget Hurricane Sandy, and parts of my
2837
1 district, and I know many of my colleagues', are
2 still recovering from the devastation of
3 Hurricane Ida in September of last year.
4 The destruction, loss of life and
5 continued suffering are heartbreaking, but much
6 of it is preventable. The fact is our building
7 and development standards are outdated and do not
8 reflect the impact of climate change on our
9 communities. A significant portion of the built
10 environment has become a liability in our defense
11 against flooding. Destruction of wetlands, lack
12 of sufficient water infrastructure, vast
13 impermeable surfaces, lack of care in land
14 modification, and many more issues have directly
15 resulted in increased flooding in our residential
16 communities, many that had never seen flooding
17 before.
18 As we build up our communities
19 without investing in infrastructure, we directly
20 risk the safety of our constituents and their
21 homes and businesses. We need to be more
22 prepared and change the way we build. But we
23 can't rely on voluntary participation by some
24 communities and local building approval agencies,
25 so we must force a change in our State Building
2838
1 Code to meet the needs of that.
2 To this end, the bill does three
3 things. It adds the commissioner of DEC, the
4 director of the Office of Emergency Management
5 and, most importantly, an expert in flooding
6 mitigation to the State Building Code Council.
7 Two, it requires recommendations to
8 the State Building Code to increase resiliency to
9 address rising sea levels, flooding, storms and
10 other water-based hazards.
11 And most important, it requires
12 uniform codes to address standards for
13 construction and rehabilitation of all buildings
14 located near or at coastlines that are wholly or
15 partially in a special flood hazard area or a
16 moderate-risk flood hazard area, according to
17 FEMA.
18 Frankly, these changes are necessary
19 and long overdue when it comes to reassessing our
20 standards for building construction and
21 maintenance. Given the life span of buildings
22 and the escalating threats from climate change,
23 we can't get started too soon when it comes to
24 updating where and how we develop and build if we
25 want to achieve resiliency. We've got to get
2839
1 better, and this bill is a huge step forward to
2 making that happen.
3 Thank you. I vote aye.
4 ACTING PRESIDENT PERSAUD: Senator
5 Mayer to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT PERSAUD: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 733, Senate Print 1093A, by Senator Gaughran, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT PERSAUD: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 733, those Senators voting in the
24 negative are Senators Biaggi, Boyle and Brisport.
25 Ayes, 59. Nays, 3.
2840
1 ACTING PRESIDENT PERSAUD: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 777, Senate Print 2991, by Senator Harckham, an
5 act in relation to authorizing the Town Board of
6 the Town of Lewisboro, County of Westchester, to
7 establish certain speed limits.
8 ACTING PRESIDENT PERSAUD: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 777, voting in the negative:
21 Senator Lanza.
22 Ayes, 61. Nays, 1.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Oh, excuse me. I'm
2841
1 sorry. Senators Lanza and Skoufis.
2 Ayes, 60. Nays, 2.
3 ACTING PRESIDENT MAYER: The bill
4 is still passed.
5 (Laughter.)
6 THE SECRETARY: Calendar Number
7 778, Senate Print 6893, by Senator Liu, an act to
8 amend Chapter 602 of the Laws of 1980.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Announce
17 the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MAYER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 784, Senate Print 1379, by Senator Brooks, an act
23 to amend the General Municipal Law.
24 ACTING PRESIDENT MAYER: Read the
25 last section.
2842
1 THE SECRETARY: Section 9. This
2 act shall take effect on the 180th day after it
3 shall have become a law.
4 ACTING PRESIDENT MAYER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MAYER: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 784, voting in the negative:
11 Senator Krueger.
12 Ayes, 61. Nays, 1.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 785, Senate Print 5091, by Senator Kennedy, an
17 act to amend the General Municipal Law.
18 ACTING PRESIDENT MAYER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
2843
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 785, those Senators voting in the
4 negative are Senators May and Ryan.
5 Ayes, 60. Nays, 2.
6 ACTING PRESIDENT MAYER: The bill
7 is passed.
8 Senator Kennedy, that completes the
9 reading of today's calendar.
10 SENATOR KENNEDY: Thank you,
11 Madam President.
12 Please go to the reading of the
13 supplemental calendar.
14 ACTING PRESIDENT MAYER: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 930, Senate Print 8947, by Senator Gounardes, an
18 act to amend Part RR of Chapter 59 of the Laws of
19 2022.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
2844
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 931, Senate Print 8948, by Senator Gounardes, an
9 act to amend subpart A of Part MM of Chapter 59
10 of the Laws of 2022.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Announce
19 the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MAYER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 932, Senate Print 8949, by Senator Krueger, an
25 act to amend the Election Law.
2845
1 SENATOR LANZA: Lay it aside.
2 ACTING PRESIDENT MAYER: The bill
3 is laid aside.
4 Senator Kennedy, that completes the
5 reading of today's supplemental calendar.
6 SENATOR KENNEDY: Thank you,
7 Madam President.
8 Can we now go to the reading of the
9 controversial calendar.
10 ACTING PRESIDENT MAYER: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 932, Senate Print 8949, by Senator Krueger, an
15 act to amend the Election Law.
16 ACTING PRESIDENT MAYER: Senator
17 Lanza, why do you rise?
18 SENATOR LANZA: Madam President, I
19 believe there's an amendment at the desk. I
20 waive the reading of that amendment and ask that
21 you recognize Senator Griffo to be heard.
22 ACTING PRESIDENT MAYER: Thank you,
23 Senator Lanza.
24 Upon review of the amendment, in
25 accordance with Rule 6, Section 4B, I rule it
2846
1 nongermane and out of order at this time.
2 SENATOR LANZA: Accordingly, Madam
3 President, I appeal the ruling of the chair and
4 ask that you recognize Senator Griffo.
5 ACTING PRESIDENT MAYER: The appeal
6 has been made and recognized, and Senator Griffo
7 may be heard.
8 SENATOR GRIFFO: Thank you,
9 Madam Chair.
10 I do believe that the amendment
11 before the desk is both germane and relevant, as
12 it deals with the very impetus and the haste in
13 which we are dealing upon the bill-in-chief that
14 will be before us shortly.
15 Unfortunately, this is not an
16 unusual circumstance that we are experiencing in
17 this state. In fact, since the time the sponsor
18 has been in the Senate, we have seen five
19 governors in office in the last 16 years. And
20 for the second time just this year alone, we are
21 seeing a vacancy that is looking to be filled in
22 the second-highest office of the State of
23 New York.
24 The people of the state deserve
25 better. And as a result of all of us being
2847
1 representatives of the people, I think it is
2 incumbent that we present ourselves in this
3 process. So the amendment before us basically
4 reflects the 25th Amendment of the U.S.
5 Constitution, Section 2, Article 25, which
6 indicates that in a vacancy such as the office of
7 Lieutenant Governor, the Governor may appoint --
8 within 30 days that appointment is to be made,
9 and then subject to a confirmation of a joint
10 session of the Legislature, where both the Senate
11 and the Assembly would convene and have an
12 opportunity as representatives of the people to
13 have a say in who will become just a heartbeat
14 away from running the State of New York.
15 So I think this amendment is very
16 germane right now. As we know, press accounts
17 have indicated from the current occupant that
18 this was one of the most important and decisive
19 and significant decisions that would be made
20 early on in the governorship. And we know now
21 that the bad behavior, criminal activity, is a
22 troubling and disappointing trend that has
23 occurred as we try to serve the people of this
24 state and to face the many challenging issues
25 that confront this state.
2848
1 So the filling of a vacancy in this
2 office, by allowing for the Legislature to be
3 engaged and to have an opportunity to ensure that
4 the vetting process is done differently and
5 better, hopefully, so as voices of the people we
6 have a say. And again, it has worked in the
7 United States as part of the 25th Amendment.
8 So I offer this amendment today to
9 make this change so that we can position the
10 people's representatives in this process to
11 ensure that we try to prevent this type of
12 situation again from arising.
13 And again, unfortunately, it's very
14 frustrating because this is not an unusual
15 occurrence. It's happened all too often.
16 So for that reason, I believe this
17 amendment is germane and would appreciate the
18 consideration of my colleagues in saying let's
19 change this, let's reform this, and let's get it
20 right.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Griffo.
23 I want to remind the house that the
24 vote is on the procedures of the house and the
25 ruling of the chair.
2849
1 Those in favor of overruling the
2 chair, signify by saying aye.
3 SENATOR LANZA: Request a show of
4 hands.
5 SENATOR KENNEDY: Without
6 objection, Madam President, please waive the
7 showing of hands and record each member of the
8 Minority in the affirmative.
9 ACTING PRESIDENT MAYER: Without
10 objection, so ordered.
11 Announce the results.
12 THE SECRETARY: Ayes, 20.
13 ACTING PRESIDENT MAYER: The ruling
14 of the chair stands, and the bill-in-chief is
15 before the house.
16 Senator Rath, why do you rise?
17 SENATOR RATH: Thank you,
18 Madam President. Will the sponsor yield for some
19 questions?
20 ACTING PRESIDENT MAYER: Senator
21 Krueger, do you yield?
22 SENATOR KRUEGER: My pleasure,
23 Madam President.
24 ACTING PRESIDENT MAYER: The
25 Senator yields.
2850
1 SENATOR RATH: Thank you.
2 Good to see you, Senator Krueger.
3 My first question is, can the
4 sponsor please explain to this legislative body
5 why this bill is necessary?
6 SENATOR KRUEGER: We find ourselves
7 in a situation that I suspect most of us hadn't
8 thought about a lot beforehand. Because I think
9 if we had thought about it more beforehand, we
10 would have changed the law quite a while ago.
11 So the fact is if a candidate has
12 been indicted on corruption charges and has
13 resigned their office but they're still on the
14 ballot because none of this had happened before
15 petitioning, and so they want to get off the
16 ballot -- they can't, under our law.
17 And yet it seems almost
18 inconceivable that most voters would actually
19 want to vote for someone who they know is facing
20 an indictment charge and doesn't want to serve in
21 the office. So all we're doing is we're adding a
22 section to existing law allowing a different
23 reason from the ones that exist now, an
24 additional reason for someone to decline being on
25 the ballot.
2851
1 And it seems to me that most voters
2 would think it's common sense to let someone who
3 doesn't want to be on the ballot, probably isn't
4 going to be in a position to serve because
5 they're facing an indictment charge, to be able
6 to get off the ballot. And that's what this bill
7 does.
8 SENATOR RATH: Will the sponsor
9 continue to yield?
10 ACTING PRESIDENT MAYER: Senator
11 Krueger, do you continue to yield?
12 SENATOR KRUEGER: Yes, I do.
13 ACTING PRESIDENT MAYER: The
14 Senator yields.
15 SENATOR RATH: When was this bill
16 introduced?
17 SENATOR KRUEGER: Friday? Friday.
18 SENATOR RATH: Friday. Okay.
19 Will the sponsor continue to yield?
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR KRUEGER: Yes.
23 ACTING PRESIDENT MAYER: The
24 sponsor yields.
25 SENATOR RATH: Simple next
2852
1 question. Did the Governor request the
2 Legislature pass this bill.
3 SENATOR KRUEGER: Yes. This is a
4 Governor's program bill.
5 SENATOR RATH: Okay, thank you.
6 Will the sponsor continue to yield?
7 ACTING PRESIDENT MAYER: Do you
8 continue to yield, Senator Krueger?
9 SENATOR KRUEGER: I do.
10 ACTING PRESIDENT MAYER: The
11 Senator yields.
12 SENATOR RATH: Why now? In other
13 words, what makes the current situation such a
14 priority when candidates in the past have not
15 been privy to the same legal escape hatch?
16 SENATOR KRUEGER: So I was just
17 asking my counsel if there were another parallel,
18 and they mentioned Chris Collins. He was
19 indicted while running again for Congress. But
20 no one asked us to make that law change at the
21 time, and so we didn't.
22 Because this would apply to anyone
23 on the ballots in the State of New York, not just
24 the Lieutenant Governor, which happens to be the
25 storyline right now.
2853
1 SENATOR RATH: Will the sponsor
2 continue to yield?
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR KRUEGER: Yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR RATH: There are many
9 similar examples.
10 Is it fair to say that this bill is
11 being introduced because a current candidate on
12 the Democrat line is under indictment?
13 SENATOR KRUEGER: I don't think I
14 heard the final sentence.
15 SENATOR RATH: All right, I'll
16 rephrase it.
17 SENATOR KRUEGER: Thank you.
18 SENATOR RATH: Is it fair to say
19 that this bill is being introduced because a
20 current candidate on the Democrat line is under
21 indictment?
22 SENATOR KRUEGER: Yes, that is
23 actually the category within this bill: Someone
24 is indicted but on the ballot.
25 So we are attempting to give that
2854
1 person, whoever it might be at any point in
2 history in the future, the opportunity -- hmm,
3 history in the future. Let me think about that.
4 That probably wasn't correct -- anyone in the
5 future the ability to resign being a candidate on
6 the ballot if they are in fact under indictment.
7 SENATOR RATH: Will the sponsor
8 continue to yield.
9 ACTING PRESIDENT MAYER: Do you
10 continue to yield?
11 SENATOR KRUEGER: I do.
12 ACTING PRESIDENT MAYER: The
13 sponsor yields.
14 SENATOR RATH: In the future or in
15 the past.
16 As political optics are, I think, an
17 issue here which benefits only one single
18 candidate in New York State, is this an
19 appropriate reason to be passing legislation in
20 this State Legislature, political optics?
21 SENATOR KRUEGER: I don't know that
22 it actually does particularly advantage any
23 candidate, other than giving the opportunity to
24 the one candidate under indictment to remove
25 themselves from the ballot.
2855
1 The fact is there will still be
2 multiple candidates running for Lieutenant
3 Governor, both in the primary and of course in
4 the general in November.
5 SENATOR RATH: Will the sponsor
6 continue to yield.
7 ACTING PRESIDENT MAYER: Do you
8 continue to yield?
9 SENATOR KRUEGER: Yes, I do.
10 ACTING PRESIDENT MAYER: The
11 Senator yields.
12 SENATOR RATH: Does this bill allow
13 for the resulting Lieutenant Governor vacancy to
14 be filled?
15 SENATOR KRUEGER: Current law
16 allows that. This bill is silent on that
17 question.
18 SENATOR RATH: Will the sponsor
19 continue to yield.
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR KRUEGER: Yes, I do.
23 ACTING PRESIDENT MAYER: The
24 sponsor yields.
25 SENATOR RATH: With that, what is
2856
1 the process for filling this vacancy?
2 SENATOR KRUEGER: The current law
3 allows the Governor to replace a Lieutenant
4 Governor if there is an opening. That's in fact
5 how we got the Lieutenant Governor under David
6 Paterson, when he named Dick Ravitch to be his
7 Lieutenant Governor, and it in fact is how we
8 ended up with Brian Benjamin as Lieutenant
9 Governor when Kathy Hochul came in as -- removed
10 from Lieutenant Governor to Governor, and then
11 named him Lieutenant Governor.
12 SENATOR RATH: Will the sponsor
13 continue to yield.
14 ACTING PRESIDENT MAYER: Do you
15 continue to yield?
16 SENATOR KRUEGER: I'm sorry, yes, I
17 do.
18 ACTING PRESIDENT MAYER: The
19 Senator yields.
20 SENATOR RATH: It's indicated in
21 the bill memo that this legislation is a solution
22 to a process that would deprive voters of a,
23 quote, fair choice. However, the same
24 legislation allows for a unilateral party
25 nomination, a process that opens the door to
2857
1 little if any voter input.
2 Can the sponsor elaborate on how
3 this proposed process is more fair to the voters
4 of the State of New York?
5 SENATOR KRUEGER: So this bill is
6 silent on the question of how there is a
7 replacement of people who decline once they
8 petition. But we have existing law. And that
9 existing law would continue in operation.
10 So if you have declined to be on the
11 ballot once you've petitioned, there's a
12 Committee on Vacancies, and the Committee on
13 Vacancies can choose a replacement candidate.
14 So that will remain the law as is
15 the law. This bill doesn't change that.
16 SENATOR RATH: Will the sponsor
17 continue to yield.
18 ACTING PRESIDENT MAYER: Do you
19 continue to yield?
20 SENATOR KRUEGER: Yes.
21 ACTING PRESIDENT MAYER: The
22 Senator yields.
23 SENATOR RATH: If other candidates
24 still remain on the ballot, can you please
25 explain why should their qualifications be
2858
1 further diluted due to another campaign's
2 incompetence?
3 SENATOR KRUEGER: I think I
4 understand the question. But I don't quite
5 understand why one person's personal failings and
6 problems and legal problems would dilute the
7 qualifications of other people running for
8 office.
9 SENATOR RATH: Will the sponsor
10 continue to yield.
11 ACTING PRESIDENT MAYER: Do you
12 continue to yield?
13 SENATOR KRUEGER: I do.
14 THE WITNESS: The Senator yields.
15 SENATOR RATH: That question is
16 basically directed at the fact that other people
17 have gone through the process and they haven't
18 broken the law, or they're not under indictment.
19 So their adherence to the process has sort of
20 weakened or lessened or become less appropriate
21 because of this scenario. That's the nature of
22 that question. But I'll move on.
23 Customarily candidates for statewide
24 office are held to a rigorous vetting standard,
25 guaranteeing voters of their propriety and
2859
1 character. Is it fair to say that this
2 legislation incentivizes a lazier vetting
3 process?
4 SENATOR KRUEGER: No,
5 Madam President, I do not see how this
6 incentivizes a weaker vetting process.
7 I don't know any of us who would
8 imagine we would wish to be in the situation
9 Governor Hochul finds herself in where she took
10 office, named a Lieutenant Governor, asked him to
11 continue to run next term with her, and then
12 discovered that he was being indicted.
13 I don't know any of us who would
14 wish for that for ourselves in our careers or for
15 our friends in politics. This is a painful and
16 difficult storyline, and I certainly don't think
17 anybody would take this bill and translate that
18 into it's some opportunity to have weaker
19 candidates or weaker vetting of candidates.
20 SENATOR RATH: Does the sponsor
21 continue to yield.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR KRUEGER: I do.
25 ACTING PRESIDENT MAYER: The
2860
1 Senator yields.
2 SENATOR RATH: With less incentive
3 to guarantee a candidate meets certain ethical
4 qualifications, doesn't this bill simply give
5 irresponsible and incompetent campaigns an easy
6 way out?
7 SENATOR KRUEGER: Through you,
8 Madam President, I don't think there's anything
9 easy about this story at all for candidates
10 affiliated with Mr. Benjamin.
11 I think that this is a black eye for
12 all of us in politics, probably more so the
13 Democratic Party than the Republican Party this
14 time around, although we've all lived through
15 this in both of our parties quite a few times
16 within this chamber.
17 But no, I do not think the public
18 thinks having an indicted person on their ballot
19 somehow strengthens either their rights or the
20 democratic -- small D -- process in this state.
21 SENATOR RATH: Will the sponsor
22 continue to yield.
23 ACTING PRESIDENT MAYER: Do you
24 continue to yield?
25 SENATOR KRUEGER: Absolutely.
2861
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR RATH: Thank you,
4 Senator Krueger. This is my last question.
5 Does the sponsor believe that
6 candidates should be held to the highest degree
7 of responsibility for their decisions?
8 SENATOR KRUEGER: Yes, I do.
9 SENATOR RATH: Thank you.
10 Madam President, on the bill.
11 ACTING PRESIDENT MAYER: Senator
12 Rath on the bill.
13 SENATOR RATH: First of all, this
14 is a major change to Election Law. And as such,
15 I am extremely disappointed that this change to
16 Election Law is not going through the proper
17 process of the Elections Committee, of which I
18 rank. I think it should go through that process
19 because this is a sweeping change to the
20 Election Law.
21 The bill before us is not a
22 commonsense solution nor a vital mechanism for
23 election integrity. In fact, it is the exact
24 opposite. The bill before us is a political
25 solution to a political problem faced by only one
2862
1 candidate in the entire State of New York. The
2 Governor has asked this body to clean up a mess
3 fomented by her own failed processes.
4 New Yorkers deserve better. At the
5 very least, they deserve a transparent and an
6 open and honest process, which they're not seeing
7 here today. They deserve officials and leaders
8 who go to every length to ensure that they meet
9 the highest ethical standards and qualifications
10 that befit public office.
11 Instead, the Governor would rather
12 change the rules with blind faith that she may
13 get it right the next time around.
14 I believe that the voters in this
15 great state deserve better, and I hope that my
16 colleagues throughout this chamber share my same
17 belief. For these reasons, I will be voting no,
18 and I urge my colleagues to do the same.
19 Thank you, Madam President.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator Rath.
22 Senator Lanza.
23 SENATOR LANZA: Madam President,
24 would the sponsor yield for a few questions?
25 ACTING PRESIDENT MAYER: Senator
2863
1 Krueger, will you yield?
2 SENATOR KRUEGER: Happily.
3 ACTING PRESIDENT MAYER: Yes, the
4 Senator yields.
5 SENATOR LANZA: Thank you to the
6 sponsor. And thank you, Madam President.
7 Through you.
8 If this legislation becomes law,
9 would it require that a sitting Governor who is
10 indicted resign from office?
11 (Pause.)
12 SENATOR KRUEGER: I'm sorry, we're
13 just clarifying. I believe the question was
14 about resigning a seat. And the answer is this
15 bill is not about resigning your position, this
16 bill is about declining a ballot position once
17 you've petitioned.
18 SENATOR LANZA: Madam President,
19 will the sponsor yield?
20 SENATOR KRUEGER: Yes.
21 ACTING PRESIDENT MAYER: Yes, the
22 Senator yields.
23 SENATOR LANZA: Through you,
24 Madam President, I'll pose the question a
25 different way.
2864
1 Would this legislation require that
2 if a sitting Governor were indicted that they
3 would be removed from office?
4 SENATOR KRUEGER: Through you,
5 Madam President, I don't believe the indictment
6 triggers a removal from office.
7 Through you, Madam President, if I
8 could just clarify with Senator Lanza. Is he
9 talking about the Governor who is currently a
10 candidate as well -- or is he asking about the
11 candidacy role or the actual being-the-Governor
12 role?
13 SENATOR LANZA: If the sponsor
14 yields, Madam President.
15 SENATOR KRUEGER: I was actually
16 asking for a clarification, yes.
17 SENATOR LANZA: Through you,
18 Madam President. What I'm asking is whether or
19 not this legislation -- or is there any law, for
20 that matter, that would require a sitting
21 Governor, whether in a campaign year or not, to
22 be removed from office if he or she is indicted?
23 SENATOR KRUEGER: No, there is no
24 such law for any of us in elected office. We
25 actually have to be found guilty of a felony.
2865
1 SENATOR LANZA: Madam President,
2 would the sponsor yield?
3 ACTING PRESIDENT MAYER: Senator
4 Krueger, do you continue to yield?
5 SENATOR KRUEGER: Yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR LANZA: Through you,
9 Madam President. So why is it more important to
10 remove a candidate for office from the ballot if
11 that person is indicted than it is to remove a
12 sitting Governor from office if that person is
13 indicted?
14 SENATOR KRUEGER: Through you,
15 Madam President. I believe that the issue is
16 that the people who are running for office, if
17 they are in fact found to be charged through an
18 indictment, are not in a position where they
19 should be attempting to get into office.
20 Which is a different situation than
21 you're in office, you are accused of something,
22 and you could resign -- we could find quite a few
23 people from our own chamber who found themselves
24 in those storylines and did choose to resign
25 pre-being found guilty.
2866
1 But I believe that it is not just
2 the law of this state but fairly standard law to
3 recognize that until people are found guilty,
4 they are not removed from elected office.
5 SENATOR LANZA: Will the sponsor
6 yield?
7 ACTING PRESIDENT MAYER: Do you
8 continue to yield?
9 SENATOR KRUEGER: Yes, I do.
10 ACTING PRESIDENT MAYER: The
11 sponsor yields.
12 SENATOR LANZA: Through you,
13 Madam President.
14 In your conversation with Senator
15 Rath you said that it is inconceivable that
16 voters would want to vote for a Lieutenant
17 Governor candidate who is indicted. Shouldn't
18 ultimately that question still reside with the
19 voters?
20 SENATOR KRUEGER: If the candidate
21 chooses to stay on the ballot, even if this bill
22 becomes law, they can do so.
23 So we are not removing the candidate
24 from the ballot, we are giving them the option to
25 remove themselves.
2867
1 SENATOR LANZA: Will the sponsor
2 yield?
3 ACTING PRESIDENT MAYER: Were you
4 finished, Senator Krueger?
5 SENATOR KRUEGER: No, that's fine.
6 Yes.
7 SENATOR LANZA: Oh, I'm sorry, I
8 apologize.
9 SENATOR KRUEGER: That's okay.
10 ACTING PRESIDENT MAYER: Do you
11 yield?
12 SENATOR KRUEGER: I do yield.
13 ACTING PRESIDENT MAYER: The
14 Senator continues to yield.
15 SENATOR LANZA: Through you,
16 Madam President. Could the sponsor tell us how
17 many registered Democrats are currently on the
18 ballot for Lieutenant Governor?
19 SENATOR KRUEGER: There are
20 currently three.
21 SENATOR LANZA: Would the sponsor
22 yield?
23 ACTING PRESIDENT MAYER: Do you
24 continue to yield?
25 SENATOR KRUEGER: Yes, I do.
2868
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR LANZA: Through you,
4 Madam President. What is the process in
5 New York, generally speaking, which allowed those
6 three candidates to be on the ballot?
7 SENATOR KRUEGER: You can petition
8 your way onto the ballot, or you can -- if it's a
9 statewide election, you can be chosen by the
10 convention of your party with enough support by
11 the delegates to skip the petitioning process and
12 be placed on the ballot.
13 So one was chosen that way, and the
14 other two were chosen by petitioning.
15 SENATOR LANZA: Would the sponsor
16 yield?
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR KRUEGER: Yes.
20 ACTING PRESIDENT MAYER: The
21 sponsor yields.
22 SENATOR LANZA: Through you,
23 Madam President.
24 So let's talk about the two
25 Democrats who are currently on the ballot for
2869
1 Lieutenant Governor. They are there, as you
2 said, because registered Democrats in the State
3 of New York signed a petition expressing their
4 willingness and their desire to place those
5 candidates on the ballot.
6 If this becomes law, isn't it true
7 that there is quite conceivably going to be a
8 Democrat on the ballot for Lieutenant Governor
9 that not a single New Yorker signed a single
10 petition for?
11 SENATOR KRUEGER: Yes. As there
12 are people on the ballot now for Comptroller,
13 Attorney General, Governor, and Lieutenant
14 Governor who all fall into that same storyline.
15 SENATOR LANZA: Will the sponsor
16 yield?
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR KRUEGER: Yes.
20 ACTING PRESIDENT MAYER: The
21 Senator will yield.
22 SENATOR LANZA: Through you,
23 Madam President. Why should someone have this
24 fast-track-around-the-people access to the ballot
25 that those two Democrats who are currently
2870
1 running for Lieutenant Governor did not enjoy?
2 SENATOR KRUEGER: Because under the
3 party rules that have been operating in this
4 state for whatever amount of time that they have.
5 And it's an interesting question
6 whether whoever might be named by a Committee on
7 Vacancies thinks that this is such a lucky
8 opportunity for them. I would think that an
9 equal concern for them would be they are coming
10 in late in the game, they've had no opportunity
11 to sell themselves to voters whenever we have
12 that primary -- always an interesting question in
13 this state.
14 So that I actually think you could
15 make a good case for the different third
16 candidate that might appear after we pass this
17 bill and other actions take place, that they're
18 actually at a disadvantage compared to people who
19 have been out there campaigning for many months
20 already.
21 SENATOR LANZA: Will the sponsor
22 yield?
23 ACTING PRESIDENT MAYER: Do you
24 continue to yield?
25 SENATOR KRUEGER: I do.
2871
1 ACTING PRESIDENT MAYER: The
2 sponsor yields.
3 SENATOR LANZA: Through you,
4 Madam President.
5 Is it the sponsor's understanding
6 that if this becomes law, that not only will
7 there be another candidate for Lieutenant
8 Governor on the ballot but there will also be a
9 new Lieutenant Governor?
10 SENATOR KRUEGER: This law doesn't
11 address either question. But current law does
12 allow a Committee on Vacancies to replace Brian
13 Benjamin if he chooses to remove himself if this
14 becomes law. So then there would be a Committee
15 on Vacancies naming a new candidate.
16 Completely separate from this
17 process is the question of -- we don't have a
18 Lieutenant Governor in New York State right now.
19 Well, I guess we do have Andrea Stewart-Cousins,
20 technically. But we don't have a full-time
21 Lieutenant Governor. And therefore the Governor
22 has the authority under law, having nothing to do
23 with the bill before us, that would allow her to
24 choose a new Lieutenant Governor for the
25 remainder of her term through the end of 2022.
2872
1 SENATOR LANZA: Will the sponsor
2 yield?
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR KRUEGER: Yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR LANZA: Can the sponsor
9 tell us, why is the position of Lieutenant
10 Governor necessary? Do we need one?
11 SENATOR KRUEGER: It is in the
12 Constitution. There are different reasons why we
13 lose Governors. I've actually been here for a
14 couple of those.
15 So I think in general most people
16 think it is a rational process to have someone to
17 serve in the position of Governor if for some
18 reason your existing Governor can no longer
19 continue to serve.
20 SENATOR LANZA: Will the sponsor
21 yield?
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR KRUEGER: I do.
25 ACTING PRESIDENT MAYER: Senator
2873
1 Krueger yields.
2 SENATOR LANZA: Through you,
3 Madam President, I agree that is the most
4 important reason and justification for the need
5 of a Lieutenant Governor.
6 It's my understanding also that if,
7 God forbid, something were to happen to any
8 sitting Governor, that the Majority Leader of the
9 Senate would become the Lieutenant Governor. As
10 a result, is that not satisfactory to the
11 Democrats in this chamber?
12 SENATOR KRUEGER: Well, I did
13 mention that fact a minute ago, that probably
14 most people in this chamber -- I would hazard to
15 guess even some of my Republican colleagues --
16 wouldn't think it was a terrible thing for Andrea
17 Stewart-Cousins to step in as the Governor if
18 needed to do so. We've even asked her, and she's
19 said no, thank you.
20 But the fact is we really think we
21 need a Majority Leader as well. We need somebody
22 running the Senate. We need somebody being the
23 Governor. And it's probably unrealistically
24 demanding to do both things on an ongoing basis.
25 SENATOR LANZA: Will the sponsor
2874
1 yield?
2 ACTING PRESIDENT MAYER: Do you
3 continue to yield?
4 SENATOR KRUEGER: Of course.
5 ACTING PRESIDENT MAYER: The
6 Senator yields.
7 SENATOR LANZA: Through you, Madam
8 President. First let me say that guess is not --
9 it would not be so hazardous, I would tend to
10 agree with the sentiment there.
11 Is it the sponsor's belief that an
12 indictment is akin to guilt?
13 SENATOR KRUEGER: No, an indictment
14 is not guilt. You are not guilty until found
15 guilty in a court of law.
16 SENATOR LANZA: Will the sponsor
17 yield.
18 ACTING PRESIDENT MAYER: Do you
19 continue to yield?
20 SENATOR KRUEGER: Yes.
21 ACTING PRESIDENT MAYER: The
22 sponsor yields.
23 SENATOR LANZA: Through you,
24 Madam President. So to extrapolate from that
25 answer, I am assuming the sponsor does not -- is
2875
1 not suggesting nor is anyone on the left
2 suggesting that the Lieutenant Governor's guilty
3 of any crime at this point.
4 SENATOR KRUEGER: Correct. We know
5 that he's been indicted. We do not know if he's
6 guilty. That is up to different people in a
7 different place.
8 SENATOR LANZA: Would the sponsor
9 yield?
10 SENATOR KRUEGER: Yes, I'm sorry.
11 ACTING PRESIDENT MAYER: Senator
12 Krueger yields, yes.
13 SENATOR KRUEGER: Yes, of course.
14 SENATOR LANZA: Through you,
15 Madam President. So given the incredible system
16 of safeguards for the arrested and accused
17 embodied in the United States Constitution, which
18 means that in America you are innocent until
19 proven guilty, why is it necessary here in
20 New York that the Lieutenant Governor, who at
21 this point is merely being accused of a crime, be
22 removed from the ballot?
23 SENATOR KRUEGER: Through you,
24 Madam President, the gentleman dealing with all
25 of these issues requested to be -- to step down
2876
1 as Lieutenant Governor so that he could focus his
2 time and energy on his defense.
3 And I believe that it will be the
4 same answer if we pass this bill, that he would
5 like to step down from the ballot because he does
6 not wish to run for office at this time.
7 It will be up to him. So this act,
8 this bill has nothing to do with whether he is
9 ever found guilty or not in any court of law.
10 But it's consistent, I believe, with the actions
11 he's already taken that we pass a bill permitting
12 him this option.
13 SENATOR LANZA: Will the sponsor
14 yield?
15 ACTING PRESIDENT MAYER: Do you
16 yield?
17 SENATOR KRUEGER: Yes.
18 ACTING PRESIDENT MAYER: The
19 Senator yields.
20 SENATOR LANZA: Through you, Madam
21 President, I'm little confused. Was it the
22 Lieutenant Governor or the Governor that
23 requested this legislation?
24 SENATOR KRUEGER: Well, there is no
25 Lieutenant Governor to request legislation. And
2877
1 they don't have the power to ask for program
2 bills.
3 The Governor asked us to consider
4 this as a program bill, and I believe both houses
5 are taking up this bill today.
6 SENATOR LANZA: Will the sponsor
7 yield.
8 ACTING PRESIDENT MAYER: Do you
9 yield?
10 SENATOR KRUEGER: Yes.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR LANZA: I'll rephrase the
14 question. Was it Lieutenant Governor Benjamin or
15 Senator Benjamin or Mr. Benjamin that requested
16 that this legislation be put on the floor here,
17 or was it the Governor, Governor Hochul, who has
18 pushed for this legislation?
19 SENATOR KRUEGER: It was Governor
20 Hochul who asked us to take up this program bill.
21 SENATOR LANZA: Madam President, on
22 the bill.
23 ACTING PRESIDENT MAYER: Senator
24 Lanza on the bill.
25 SENATOR LANZA: Madam President,
2878
1 this is what people hate about politics and some
2 politicians. No one is being fooled, either here
3 on the floor, throughout this Capitol, or
4 anywhere in New York or America with respect to
5 what the reason is for this legislation being put
6 before us on the floor.
7 It is Governor Hochul who
8 desperately wants this to be law. It is
9 Governor Hochul who wants Mr. Benjamin to be
10 removed from the ballot. It is Governor Hochul
11 who wants to select a new candidate for
12 Lieutenant Governor. It is Governor Hochul who
13 needs this legislation -- not for the sake of the
14 people, but for the sake of Governor Hochul's
15 political aspirations, desires, and future.
16 No one is fooled that there's any
17 other reason for this legislation being here. If
18 this was such a good idea, why not last year, why
19 not the year before, why not the year before
20 that? This is not the first scandal here in
21 New York. This is not the first time we've had
22 to replace a Lieutenant Governor or a Governor,
23 and unfortunately the list goes on.
24 This legislation is before the house
25 here and now because Governor Hochul is worried
2879
1 about one thing, getting elected. Governor
2 Hochul wants to select a candidate not that the
3 people have chosen, not that the Democrat voters
4 have chosen -- she wants to select a candidate
5 that helps her get elected, period. We all know
6 it. The editorials know it. The people know it.
7 The voters know it. Governor Hochul knows it.
8 That's what this is about. And this
9 is a trend. This is a trend, unfortunately, here
10 in New York where politicians put themselves
11 above the voters. We've watched for the last
12 several years. That is the trend: Policies that
13 have nothing to do with good policy in the best
14 interests of the people of New York, but policies
15 that serve the best interests of the politicians
16 who put them forward.
17 We saw it with the mandates and we
18 see it with the mandates relating to COVID.
19 Adults can run around without masks. If you're a
20 12-year-old student in public school, you don't
21 need a mask. That's what the science says,
22 according to the Health Department of the State
23 of New York, the chancellors, the Governor. But
24 if you're five years old, you need a mask.
25 Is that science or is that politics?
2880
1 That's politics. We all know it. Everyone knows
2 it.
3 Bail reform. It's a trend,
4 Madam President, from this Governor. Her first,
5 the people second, third, fourth and last. Bail
6 reform. I saw the Governor speak about bail
7 reform at a news conference one day, and she
8 supported the bail reform. She said it was
9 necessary because the original system of cash
10 bail in New York was racially motivated.
11 That's a serious accusation about a
12 system. And if it's true, and if she believed it
13 were true, then you should never go back even one
14 step, one inch, to a system that was racially
15 motivated. That -- those were her words, not
16 mine. She said we need it to stay there, we
17 could not change the bail reform that was put
18 into place.
19 She even said, and I watched her
20 say, that the problem with the old system was
21 that if you stole a backpack, you could end up in
22 jail for three years before you even see trial.
23 Now, I was a prosecutor in the Manhattan district
24 attorney's office for a number of years. That is
25 just false. It wasn't true. It wasn't even
2881
1 close to being true.
2 Find me the case, I asked, while
3 there was a discussion about bail reform before
4 it happened. Find me the cases, I want to see
5 them. She said that's what she believed, though.
6 And then all of a sudden there was a
7 political poll, and three days later she said,
8 You know, we've got to change that bail reform.
9 She wanted to go back to a system she claimed was
10 racist, and she did it. She flexed her muscles,
11 she forced the two houses of the Legislature here
12 in Albany to submit to her whim.
13 Why? Once again, just like today,
14 because she thought she had to do that to better
15 her chances to be elected as Governor. It's a
16 trend.
17 The district lines after
18 reapportionment, she said they were great, they
19 were constitutional, they were fair. That's what
20 New York needed. The Court of Appeals said: Not
21 so fast. Not so fast, Governor. We know why you
22 like them. You like them because you think
23 they're going to help you get elected.
24 People are sick of this. They
25 really are. You have some candidates from the
2882
1 Democratic side of the aisle who are on the
2 ballot. How did they get there? The
3 old-fashioned way. They went to their neighbors,
4 and they said, Hey, sign a petition, I'd like to
5 run for Lieutenant Governor. And people in their
6 communities said okay.
7 I know one of them, Councilwoman
8 Reyna. I served with her in the City Council.
9 You won't find a better person. Not good enough
10 for Governor Hochul. You know why? She's
11 sitting around with a bunch of political
12 strategists, and they're probably telling her:
13 No, Ms. Reyna's not good enough to get you
14 elected. We need to really get in the soup here.
15 We need to get someone that checks this box, that
16 box and the other box.
17 Not the "this is good for New York"
18 box, because that never matters around here. No,
19 this is good for the "Governor Hochul getting
20 elected" box. That's all we care about.
21 And she convinced the Legislature to
22 put this bill on the floor. This is legislation
23 not for the people, but the politicians. That's
24 what this is about. This is the Legislature
25 joining the campaign of a candidate for Governor.
2883
1 It's like being on the team. You know how that
2 works. You're in a room with your team. You
3 say, Hey, team, what do I need to do to get
4 elected? Well, we need to go speak to that
5 group, this group, get this signed, put out this
6 palm card.
7 Oh, in this case they said: And
8 after all that, we need a different candidate for
9 Lieutenant Governor. That's what you need.
10 That's what the pundits, the consultants, all
11 these high-paid political strategists, I'm sure
12 that's what they've told Governor Hochul. You're
13 in trouble, Governor. The people are fed up --
14 high crime, jobs running from the state, mandates
15 that aren't saving anybody's lives. You're in
16 trouble, Governor Hochul.
17 ACTING PRESIDENT MAYER: Senator
18 Krueger, why do you --
19 SENATOR LANZA: I know what you
20 should do --
21 ACTING PRESIDENT MAYER: Why do you
22 rise, Senator Krueger?
23 SENATOR LANZA: -- you should get
24 rid of Lieutenant Governor Benjamin from the
25 ballot so you can hand-pick somebody that's going
2884
1 to help --
2 ACTING PRESIDENT MAYER: Senator
3 Lanza. Senator Lanza, Senator Krueger has risen,
4 she is the sponsor.
5 SENATOR KENNEDY: Madam President,
6 recognize Senator Krueger.
7 ACTING PRESIDENT MAYER: Senator
8 Krueger, why do you rise?
9 SENATOR KRUEGER: I would like to
10 ask Senator Lanza a couple of questions, please,
11 on this bill.
12 ACTING PRESIDENT MAYER: Go ahead,
13 as the sponsor.
14 SENATOR LANZA: No, I do not yield.
15 I'm going to finish my point.
16 SENATOR KRUEGER: Senator --
17 ACTING PRESIDENT MAYER: This is
18 the sponsor's time, under the rules.
19 SENATOR LANZA: I do not yield.
20 Based on parliamentary procedure, I do not yield
21 at this point.
22 SENATOR KRUEGER: Madam President,
23 I would like you to rule on whether there is
24 anything germane about the last 10 minutes of
25 attacks on the Governor having nothing to do with
2885
1 the bill in front of us.
2 ACTING PRESIDENT MAYER: Senator
3 Lanza, can you promptly finish your remarks and
4 then let Senator Krueger, as the sponsor, ask
5 questions.
6 SENATOR LANZA: I will finish my
7 remarks in the time that I am allotted to finish
8 my remarks. And then I'm at the end of my
9 remarks, and I will decide thereafter whether or
10 not I will yield for questions.
11 ACTING PRESIDENT MAYER: Senator
12 Lanza, you have approximately a half an hour. I
13 understand you've used up the majority of it, so
14 I just point that out.
15 When you are completed,
16 Senator Krueger has questions she'd like to ask
17 as the sponsor.
18 SENATOR LANZA: Madam President,
19 everyone knows what's happening here. There's
20 not a person who does not know what is happening
21 here.
22 And this is an affront, and this is
23 unfortunately where politics in New York has
24 arrived. Which is -- and this legislation says
25 it all -- to hell with you, people of New York.
2886
1 To hell with what matters and what will help you.
2 I'm going to take care of me first and maybe --
3 maybe, just maybe -- you second.
4 Thank you, Madam President.
5 SENATOR KRUEGER: Madam President.
6 ACTING PRESIDENT MAYER: Excuse me.
7 Senator Krueger.
8 SENATOR KRUEGER: Thank you.
9 Will the -- my colleague Senator
10 Lanza rise for a few questions.
11 ACTING PRESIDENT MAYER: Senator
12 Lanza.
13 SENATOR LANZA: Yes, Madam
14 President.
15 ACTING PRESIDENT MAYER: Yes,
16 Senator Lanza.
17 SENATOR KRUEGER: Sorry. Thank
18 you.
19 Does the Republican Party have the
20 same primary rules about a party convention who
21 chooses who can be the party candidate without
22 going through the petitioning process, and then
23 other candidates do indeed go through the
24 petitioning process, as the Democratic Party
25 does?
2887
1 SENATOR LANZA: Through you,
2 Madam President, I honestly don't know. I try to
3 focus on being a Senator, and I leave the
4 politics to somebody else.
5 SENATOR KRUEGER: Could the Senator
6 double-check with somebody next to him?
7 SENATOR LANZA: No,
8 Madam President.
9 (Laughter.)
10 SENATOR KRUEGER: Then I will check
11 for him. Yes, the two parties have the same
12 rules. So in fact the Republican Party follows
13 the exact same practice as the Democratic Party.
14 Through you, if the spons -- excuse
15 me, I'm the sponsor.
16 (Laughter.)
17 SENATOR KRUEGER: If the Senator
18 would continue to yield, please.
19 ACTING PRESIDENT MAYER: Senator
20 Lanza, do you yield?
21 SENATOR LANZA: Yes.
22 SENATOR KRUEGER: If you found
23 yourself with your party in a similar situation
24 where, with no one's pre-expectation, somebody
25 who you had nominated through your party
2888
1 convention to be your candidate for Governor,
2 Lieutenant Governor, AG or Comptroller was
3 indicted, would you wish for them to stay on the
4 ballot?
5 SENATOR LANZA: Madam President, I
6 don't think this legislation is good for the
7 people. I couldn't give a damn if it's good for
8 the Democrats or for the Republicans. And so how
9 I would feel if this were to happen is really
10 irrelevant.
11 All I know is everyone knows that
12 this bill is about helping someone get elected
13 and not good policy for the State of New York.
14 SENATOR KRUEGER: Through you,
15 Madam President. Of course this bill is about
16 elections. It's about petitioning, it's about
17 being on ballots, it's of course about elections.
18 If my colleague would answer an
19 additional question, please.
20 SENATOR LANZA: Yes,
21 Madam President.
22 ACTING PRESIDENT MAYER: Yes,
23 Senator Lanza does answer.
24 SENATOR KRUEGER: Thank you.
25 If through the convention process if
2889
1 the Republican Party had picked only one
2 candidate for Governor, and so there were no
3 others that petitioned, and after the timeline
4 that petitioning was over, that one candidate for
5 Governor was indicted and said "I don't wish to
6 run for Governor," would my colleague have such a
7 problem with this legislation?
8 SENATOR LANZA: Madam President,
9 if, if, if, if.
10 I suppose I'll answer it this way.
11 You said how would I feel if this happened to the
12 Republican candidate for Governor.
13 I suppose that if I cared more about
14 that Republican Governor getting elected than I
15 cared about the people of the State of New York,
16 I would probably want to do exactly what you are
17 doing here.
18 But since I hope and believe that I
19 would not care more about that political process
20 than the people of New York, I would not be
21 presenting or putting forward legislation like
22 this.
23 SENATOR KRUEGER: Through you,
24 Madam President, on the bill.
25 ACTING PRESIDENT MAYER: Senator
2890
1 Krueger on the bill.
2 SENATOR KRUEGER: Thank you.
3 I enjoyed my colleague's rant,
4 although I don't think most of it --
5 SENATOR LANZA: Madam President.
6 Madam President --
7 SENATOR KRUEGER: -- was germane to
8 the bill. It was an attack on the Governor.
9 SENATOR LANZA: Madam President --
10 Madam President --
11 ACTING PRESIDENT MAYER: Senator
12 Krueger has the floor. Senator Krueger has the
13 floor, Senator Lanza.
14 SENATOR LANZA: Really, rant?
15 Really?
16 (Overtalk.)
17 ACTING PRESIDENT MAYER: Senator
18 Krueger is entitled to speak --
19 (Overtalk.)
20 SENATOR LANZA: A debate is a rant?
21 ACTING PRESIDENT MAYER: Senator
22 Lanza, Senator Krueger is speaking on the bill.
23 You had ample opportunity. It is her chance.
24 SENATOR KRUEGER: Thank you.
25 When we were debating, it was a
2891
1 worthwhile debate, no disagreement. But then we
2 curved off quite a bit, so I want to bring us
3 back to the bill.
4 It's a bill that intends to give an
5 option to people who hopefully there will be very
6 few of in our lives -- sincerely. Hopefully
7 we'll have very few situations where someone who
8 has petitioned to run for office finds themselves
9 indicted, not wishing to continue in the current
10 office, not wishing to run for the office again,
11 but unfortunately not able to get them off --
12 themselves off the ballot unless they die, move
13 out of state, or are nominated for some other
14 electoral office.
15 I don't understand people who don't
16 actually understand why we all would prefer that
17 voters not have to make that kind of decision,
18 perhaps wasting the only vote they would have.
19 Because in this situation there are other
20 candidates, but in a storyline where there was no
21 primary but the exact same storyline, perhaps at
22 the Governor level or the Attorney General level,
23 we could find ourselves where one of two major
24 parties' only candidate, only candidate, was an
25 indicted person who did not wish to run for that
2892
1 seat.
2 So I think it's common sense, and
3 most voters will agree: Why would they want to
4 put themselves in that situation? That's not
5 what people's definition of democracy is.
6 Democracy is going to the voting booth and
7 picking the candidate you think is most likely to
8 meet your desired wishes for an elected official,
9 who is a stand-up person who will be able to
10 commit a hundred percent of their time to the
11 job. And if they are not, of course we should
12 let them remove themselves from the ballot and
13 allow someone else to take an opportunity to get
14 that seat.
15 It's -- it's not that complicated.
16 It somehow has snowballed into something, I don't
17 know, like conspiracy theory. There's no
18 conspiracy theory here, either to cause what
19 happened to happen, or certainly not to try to
20 offer a resolution to a problem we find ourselves
21 in.
22 It's a very short, very clear-cut
23 bill. And I do hope that my colleagues will vote
24 yes today.
25 Thank you, Madam President.
2893
1 ACTING PRESIDENT MAYER: Thank you,
2 Senator Krueger.
3 I know there are a number of members
4 who wish to speak on the bill. I would remind
5 you that under Rule 3A, debate shall only be in
6 order when it is germane to the question under
7 discussion, and that is the bill on the floor.
8 So I have next Senator Akshar on the
9 bill.
10 SENATOR AKSHAR: Madam President,
11 thank you. I'm on the bill.
12 I read today, this morning, with
13 great interest Errol Louis's piece in New York
14 magazine. It was about the gerrymander. He got
15 it right when he said that the New York Democrats
16 have made this state a laughingstock.
17 In February I stood right here at
18 this desk and I spoke about the hyperpartisan
19 gerrymandered maps being the most undemocratic
20 and un-American bill that we had taken up in my
21 seven years. But today the bill we're taking up
22 now, the one before us, is really the most
23 outrageous thing that we have done.
24 It's very clear to me that the
25 message that the Legislature is sending to
2894
1 New Yorkers is that your government doesn't give
2 a tinker's damn about you. The only thing that
3 New York Democrats, the Democrats that control
4 this statehouse, care about is about themselves.
5 Think about this for a moment. Your
6 government isn't advancing bills to address the
7 mental health crisis in our schools, not
8 advancing bills that address the thousands of
9 children who can't get mental health services.
10 We're not doing that. The government isn't
11 advancing bills to protect the homeless that live
12 in our communities. Your government isn't
13 advancing bills to slow or stop the rampant crime
14 crisis that is plaguing communities across our
15 great state. The government isn't advancing
16 bills to address the subway system that is so
17 dangerous no one will ride on it.
18 No. Today we advance another
19 hyper-political bill, and that bill seeks to do
20 one thing: To protect the political longevity of
21 career politicians.
22 I read the sponsor's memo, the
23 justification section. Understand and recognize
24 that Senator Krueger is simply carrying the bill
25 for the Governor.
2895
1 Democracy demands that voters should
2 be entitled to candidates who can properly assume
3 office. Brian Benjamin didn't have to resign.
4 Hell, I don't know if he's guilty or not. I have
5 no idea. He could be acquitted for all I know.
6 But voters do have a choice --
7 Senator Lanza said it -- former Councilwoman
8 Reyna. They have a choice, they could vote for
9 her. Ana Maria Archila, they could vote for her.
10 They don't have to vote for Brian Benjamin. And
11 we didn't have to go through this long process of
12 changing Election Law.
13 Brian Benjamin could have moved, he
14 could have went to New Jersey. Could have hit
15 the GW, the Lincoln Tunnel, could have made this
16 simple for everybody. This is a rhetorical
17 question, but does this Majority have no shame?
18 Everyday, hardworking New Yorkers
19 are smart people, incredibly smart people. And
20 I, just like them, are sick and tired and
21 disgusted how this body conducts itself. It's
22 shameful, frankly.
23 So here's the reality. Today is
24 another example in a very long line of examples
25 of one-party rule changing the rules to suit
2896
1 their political needs and scrambling to paint
2 over their mistakes.
3 The reality is is that one-party
4 rule has been a complete disaster for
5 New Yorkers -- most importantly, for the
6 institution this chamber represents. All the
7 plaster, all the whitewashing, all the paint, all
8 of that -- not going to fix the crumbling
9 foundation of lies, corruption and failure that
10 one-party rule is built on.
11 You can't bail out a sinking ship
12 with a teaspoon. And today you may think that
13 you can rewrite the rules after you break them,
14 but you cannot erase the record of abject failure
15 that continues to pile up every time you choose
16 politics over the people of this great state.
17 And frankly, that is exactly what people hate
18 about Albany.
19 So again, try and rewrite the law
20 all you want, but the stench of failure and stain
21 of corruption isn't so easily removed.
22 And you know what I really hope? I
23 hope that the voters remember that the Majority
24 members in this house are co-conspirators to this
25 mess in its entirety. Errol Louis was spot-on
2897
1 yesterday, Madam President, when he wrote that
2 article that the Democrats who are in charge of
3 the Legislature, in charge of state government,
4 they have in fact made New York a laughingstock.
5 And they continue to do just that. The only
6 thing I wish is that Errol Louis would have
7 waited to write that article until today.
8 When it comes time, Madam President,
9 I'll be voting no.
10 ACTING PRESIDENT MAYER: Senator
11 Borrello on the bill.
12 SENATOR BORRELLO: Thank you,
13 Madam President.
14 You know, despite the debate that we
15 heard today, I don't think anybody can really be
16 proud to be here today to have this bill in front
17 of them. Because quite honestly, what we're
18 doing today is something that's completely
19 unethical. We're changing the rules in the
20 middle of the process. That's why special
21 legislation is required. This is not allowed.
22 But this is not the first time the
23 Majority has ignored the will of the people. In
24 fact, that's why so many New Yorkers have lost
25 confidence in the leadership that is here in
2898
1 Albany. It's really very reminiscent of what
2 happened with the redistricting process. We had
3 a constitutional amendment that called for
4 New Yorkers to have an Independent Redistricting
5 Commission. And then after one-party rule took
6 over Albany, they decided they were going to
7 seize that away and sabotage the Independent
8 Redistricting Commission and do things the way
9 they wanted to -- bad decisions that ignored the
10 will of the people. And here we are again to do
11 the same thing.
12 ACTING PRESIDENT MAYER: Senator
13 Kennedy --
14 SENATOR KENNEDY: Madam President,
15 if our colleagues could please keep this
16 conversation germane. You had already reminded
17 us. There's a lot of emotions on this item. I
18 would ask our colleagues to keep a sense of
19 decorum as we proceed. Thank you.
20 SENATOR BORRELLO: I'm sorry,
21 Madam President, I didn't realize I was being
22 impolite by making this correlation.
23 So I'll continue. We --
24 ACTING PRESIDENT MAYER: Senator
25 Borrello, the point that I raised earlier is that
2899
1 the rule requires the discussion, the debate
2 which you are on to be germane to the question,
3 which is the bill before us.
4 SENATOR BORRELLO: Isn't the
5 question about changing the rules,
6 Madam President?
7 ACTING PRESIDENT MAYER: It is not
8 for me to decide. The question is the bill
9 before the house --
10 SENATOR KENNEDY: Madam President,
11 will our colleague please, on the bill, speak on
12 the bill. He asked to speak on the bill. Please
13 keep it germane. Thank you.
14 SENATOR BORRELLO: Madam President,
15 I'm going to reiterate my statement earlier that
16 this is not a proud day for this chamber, and
17 this is another example.
18 We are speaking on bills. I've
19 listened, in my short time here, to many people
20 talk about how one item that we vote on relates
21 to another, and that's what exactly what I'm
22 doing. So I'm going to continue.
23 The reality is is that -- I don't
24 think most people understand it -- the Lieutenant
25 Governor is an independent -- actually, an
2900
1 independent candidate. The Lieutenant Governor
2 and the Governor do not have to run together.
3 They actually don't run together. And there's
4 been several times in the past where the
5 Lieutenant Governor in a primary that was running
6 with the gubernatorial candidate did not match
7 up. It's happened recently.
8 In fact, it happened, believe it or
9 not, in 2014 when one of my colleagues, a former
10 county executive of Chautauqua County -- which I
11 am also a former county executive of Chautauqua
12 County -- Greg Edwards, ran with Rick Lazio for
13 the Republican Lieutenant Governor seat. He won,
14 and Rick Lazio lost.
15 This has happened before, too. The
16 people of New York have the right to choose. And
17 as was mentioned previously, we have other
18 candidates for you to choose from.
19 So instead, we're going to
20 circumvent that process -- once again,
21 circumventing the will of the people. If the
22 people choose to vote for Brian Benjamin -- who,
23 by the way, has not been convicted of anything.
24 Now, we sat here and talked about bail reform and
25 the fact that we should let people out over and
2901
1 over and over again because they have not been
2 convicted of a crime. Yet here we are not
3 affording that same luxury to Brian Benjamin or
4 anyone else in the future that falls into that
5 same unfortunate category.
6 You know, Madam President, a recent
7 poll showed that two out of three New Yorkers
8 feel this state is headed in the wrong direction.
9 And after today, after this bill passes and after
10 the Majority takes their opportunity to replace
11 someone with their hand-picked successor, I don't
12 think that statistic is going to get any better.
13 Thank you, Madam President.
14 ACTING PRESIDENT MAYER: Thank you.
15 Senator Boyle, why do you rise?
16 SENATOR BOYLE: Could I ask --
17 could the sponsor yield?
18 ACTING PRESIDENT MAYER: Will the
19 sponsor yield?
20 SENATOR KRUEGER: I will,
21 Madam President.
22 ACTING PRESIDENT MAYER: The
23 sponsor yields.
24 SENATOR BOYLE: Thank you,
25 Senator Krueger.
2902
1 Senator Krueger, I'd just like an
2 honest answer to this first question. Do --
3 SENATOR KRUEGER: I'm sorry, am I
4 known for not giving honest answers?
5 (Laughter.)
6 SENATOR BOYLE: I know you are. I
7 just want a really honest answer.
8 (Laughter.)
9 SENATOR BOYLE: Do you think that
10 we would be here looking at this bill, voting on
11 this bill if the situation was a Republican
12 Governor and his Republican or her Republican
13 Lieutenant Governor was the one that you wanted
14 to get off the ballot?
15 SENATOR KRUEGER: Do I think if a
16 Republican Governor asked for this bill would it
17 be on the floor of the Senate?
18 SENATOR BOYLE: Yes. Or would you
19 all be snickering that it's happening to us and
20 it's bad politics for our side?
21 SENATOR KRUEGER: No, I think --
22 speaking for myself, I think that would be a
23 reasonable thing for a sitting Governor to ask,
24 yes, regardless of their party.
25 SENATOR BOYLE: For the Governor to
2903
1 ask. But would you do it?
2 SENATOR KRUEGER: Well, again, I am
3 one person. But yes.
4 As I said before, both parties have
5 the same party rules for how we pick our
6 candidates. So the concept that somehow we're
7 trying to get around the will of the people is no
8 different than what is the normal, everyday
9 process for picking candidates by both parties.
10 And so I don't think I would like to
11 have an indicted candidate for Governor or
12 Lieutenant Governor or AG or Comptroller --
13 regardless of their party -- end up winning. So
14 yes.
15 SENATOR BOYLE: Will the sponsor
16 continue to yield?
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR KRUEGER: Yes.
20 ACTING PRESIDENT MAYER: The
21 sponsor yields.
22 SENATOR BOYLE: I know that we
23 throw this word "indicted" around as if it's the
24 be-all and end-all. We've had some members, as
25 you said, Senator, of this body and the other
2904
1 body indicted and then subsequently convicted.
2 We've also had some that were brought up on
3 political charges and an indictment and then they
4 were quashed because judges found out and
5 discovered and came to their senses and
6 prosecutors backpedaled with charges and
7 indictments that were brought. We all know that
8 that has occurred.
9 So an indictment is not a
10 conviction. And as our former chief justice at
11 the Court of Appeals said, "You can indict a ham
12 sandwich," so that doesn't really mean much.
13 My question -- my second question
14 is, how else could our current Lieutenant -- or
15 former Lieutenant Governor, former colleague of
16 ours, have gotten off the ballot? Could he have
17 moved, could he have run for another office? I
18 know the Election Law gives a couple other
19 options. Move out of state?
20 SENATOR KRUEGER: There are three
21 under existing law. He could die. I don't think
22 that was a option he thought of as a plan. He
23 can move out of state, which I believe he does
24 not want to do. Although it could only be to
25 selected states because he's only allowed to go
2905
1 to a couple of them under the agreement with the
2 federal government. Or he could be nominated to
3 a different electoral post, which I think most
4 people would think is not the best plan if you're
5 already under indictment and have already chosen
6 to resign from the number-two position in
7 politics in our state.
8 Those were his choices.
9 SENATOR BOYLE: Will the sponsor
10 continue to yield?
11 ACTING PRESIDENT MAYER: Do you
12 continue to yield?
13 SENATOR KRUEGER: Yes, I will.
14 ACTING PRESIDENT MAYER: The
15 sponsor yields.
16 SENATOR BOYLE: So if our former
17 colleague had opted to just move to Northern
18 Virginia with his family, we would not need to be
19 here passing this bill right now, is that
20 correct?
21 SENATOR KRUEGER: Yes. Because he
22 would then have been able to remove himself from
23 the ballot.
24 SENATOR BOYLE: Will the sponsor
25 continue to yield?
2906
1 ACTING PRESIDENT MAYER: Do you
2 continue to yield?
3 SENATOR KRUEGER: Yes.
4 ACTING PRESIDENT MAYER: The
5 sponsor yields.
6 SENATOR BOYLE: So, Senator, you
7 mentioned before about the choice of a Lieutenant
8 Governor. That's up to the Governor.
9 SENATOR KRUEGER: The replacement
10 of a non-Lieutenant Governor is in fact left up
11 to the Governor.
12 SENATOR BOYLE: But the candidate
13 for Lieutenant Governor is not up to the
14 Governor, that's up to the Committee to Fill
15 Vacancies; correct?
16 SENATOR KRUEGER: That is correct.
17 SENATOR BOYLE: Will the sponsor
18 continue to yield?
19 ACTING PRESIDENT MAYER: Do you
20 continue to yield.
21 SENATOR KRUEGER: Yes.
22 ACTING PRESIDENT MAYER: The
23 Senator yields.
24 SENATOR BOYLE: Senator, can you
25 tell me who's on the Committee to Fill Vacancies
2907
1 for this position for Lieutenant Governor?
2 SENATOR KRUEGER: Not without
3 asking someone to pull a list for me. And they
4 have it for me, so how convenient. Thank you
5 very much.
6 So the people named on the Committee
7 of Vacancies are Jay Jacobs, Christine Quinn,
8 Crystal Peoples-Stokes, June O'Neill, Rodneyse
9 Bichotte, Rich Schaffer and Catalina Cruz.
10 SENATOR BOYLE: So will the sponsor
11 continue to yield?
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield?
14 SENATOR KRUEGER: I do.
15 ACTING PRESIDENT MAYER: The
16 Senator yields.
17 SENATOR BOYLE: So it's not up to
18 the Governor to choose her Lieutenant Governor
19 co-candidate for November. But these seven
20 people, whoever's on the Committee to Fill
21 Vacancies -- Democratic leaders of different
22 counties, I gather.
23 SENATOR KRUEGER: Correct.
24 SENATOR BOYLE: So --
25 ACTING PRESIDENT MAYER: Are you
2908
1 asking the sponsor to continue to yield?
2 SENATOR BOYLE: Yes, I'm sorry.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR KRUEGER: Yes, I do.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR BOYLE: So right now we
9 have the possibility -- probability, extreme
10 probability, of having a Hispanic woman make
11 history as the first Latina or I think
12 Hispanic -- somebody of Hispanic background as a
13 statewide elected official should that team win,
14 correct? If Brian -- if --
15 SENATOR KRUEGER: Two candidates
16 for AG -- two candidates for Lieutenant Governor
17 define themselves as Latina women, yes.
18 SENATOR BOYLE: And so there's --
19 does the sponsor continue to yield?
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR KRUEGER: Yes.
23 ACTING PRESIDENT MAYER: The
24 sponsor yields.
25 SENATOR BOYLE: So going from the
2909
1 probability of this history-making election of a
2 Latina or Latinx candidate to statewide office,
3 these people on this Committee to Fill Vacancies
4 could choose someone from a different ethnicity
5 or demographics background; true?
6 SENATOR KRUEGER: Of course. They
7 could choose whoever they choose. I don't have a
8 crystal ball.
9 SENATOR BOYLE: Madam President, on
10 the bill.
11 ACTING PRESIDENT MAYER: Senator
12 Boyle on the bill.
13 SENATOR BOYLE: So I would just
14 associate myself with the remarks of my
15 colleagues and say that as terrible as it was for
16 our former colleague to be in this situation -- I
17 wish him the best -- however, when I heard about
18 it, I said, Wow, there's a decent chance that
19 we're going to have a Latina as our Lieutenant
20 Governor, making history in New York State as
21 getting elected.
22 And because this bill -- unless the
23 Committee to Fill Vacancies chooses another
24 Latina, that that very well may not happen.
25 So this -- I know we talked about
2910
1 the governmental aspect of this, but there is the
2 political side of this. And I know that the
3 Majority in this body and the other body are very
4 into identity politics. And it would be a
5 real -- I'm obviously, full disclosure,
6 supporting the other team. But if we do not --
7 if we do not pass this bill, the people in the
8 Majority here can help possibly make history. By
9 voting for it, you're really rolling the dice.
10 Madam Speaker, I intend to vote in
11 the negative.
12 ACTING PRESIDENT MAYER: Senator
13 Martucci on the bill.
14 SENATOR MARTUCCI: Thank you,
15 Madam President. On the bill.
16 I've been here in Albany for
17 16 months -- today marks the start of my
18 17th month in this chamber -- and I have to admit
19 that before I came here, despite the warnings --
20 everyone told me in advance that Albany was
21 filled with corruption and dysfunction. And I
22 can honestly say that all of their warnings fell
23 short of the reality. And this bill that we're
24 talking about right here before us is a prime
25 example.
2911
1 I'm a political outsider. I ran a
2 business, I took care of my family. Before I was
3 elected here, I paid attention to politics here
4 and there, just like most people. And nothing
5 could have prepared me for what I've seen in the
6 last few months and this bill that's in front of
7 us here today.
8 Madam President, this is a blatantly
9 political bill. My colleagues have talked about
10 this, and I agree with them wholeheartedly. It's
11 the opposite of good government. This bill is
12 not for the people of the State of New York, this
13 bill is for the politicians. And in fact, this
14 bill is specifically for the indicted
15 politicians, which are not people that sit very
16 high on my list.
17 I associate myself with
18 Senator Akshar's comments that we should be
19 focusing on other things right now, like public
20 safety or helping struggling families or focusing
21 on affordability. But we're not doing any of
22 those things.
23 Our record on ethics in this chamber
24 and in this government is appalling. I came here
25 to do the right thing, to restore common sense,
2912
1 and this bill is a big step in the wrong
2 direction. This isn't democracy, this is
3 changing the rules midstream for political gain.
4 We've heard a lot today, and as
5 Senator Lanza said, there's no secret about what
6 this bill is about. And for that reason I urge
7 my colleagues to stop doing the same thing over
8 and over and over again and expecting a different
9 result. Madam President, that's the definition
10 of insanity.
11 I'll be voting no, and I urge my
12 colleagues to do the same. We owe the people we
13 represent a lot better.
14 ACTING PRESIDENT MAYER: Senator
15 Palumbo on the bill.
16 SENATOR PALUMBO: Thank you,
17 Madam President. On the bill. And I'll try and
18 tighten up my comments a little bit, because a
19 lot of it has been said.
20 And I really need to express what
21 immediately came to my head, and it actually has
22 a lot to do with politics that began in New York.
23 When I saw that this bill was submitted, I
24 thought to myself: Woe to the vanquished, to the
25 victor goes the spoils.
2913
1 And when you think about that -- and
2 without reiterating a lot of what was said --
3 when the Majority in this chamber switched
4 three and a half years ago, there was immediately
5 a bill put forward -- because at the time the
6 Majority -- the Democratic Party had a simple
7 majority. A bill was immediately put forward to
8 require only a majority to approve maps, it
9 needed to be passed two years in a row and then
10 go to referendum. And that bill also had a
11 number of other real doozies that would otherwise
12 allow towns to be split --
13 SENATOR KENNEDY: Madam President,
14 I believe my colleague is not on the bill, he is
15 not germane on the bill. Please keep the
16 comments germane to this bill.
17 Thank you, Madam President.
18 ACTING PRESIDENT MAYER: Senator
19 Palumbo, please keep your comments germane to the
20 bill as the rule requires.
21 SENATOR LANZA: Madam President --
22 ACTING PRESIDENT MAYER: Senator
23 Lanza.
24 SENATOR LANZA: Every member of
25 this body is entitled, under the rules, to speak
2914
1 about what they think about a bill, whether they
2 think it's a good idea, a bad idea, or what they
3 believe the motivation for that bill is. And
4 that is simply what we are hearing right now.
5 ACTING PRESIDENT MAYER: Senator
6 Lanza, I've given a great deal of latitude to
7 each of the people to express their views in a
8 broad way. I will continue to do so.
9 But the rule requires germaneness,
10 and the Acting Floor Leader has indicated his
11 objection to going off the content of the bill.
12 And therefore I'm asking you to please direct
13 your comments to the bill before us.
14 SENATOR PALUMBO: And I certainly
15 understand that, Madam President. And if I may
16 be heard in that regard, that this is something
17 that is changing the rules of a law that has
18 existed for many, many, many years. And this
19 Majority, that is the same party as the Governor,
20 has also chosen to change many rules and even
21 attempt to change many rules that have existed
22 for many, many years.
23 So when we're making argument --
24 which is what "on the bill" is -- this is subject
25 to connection. And actually a State Senator made
2915
1 comments when he was a -- I believe Secretary to
2 the Treasury at one point that are specific to
3 the -- exactly what's going on right now. And
4 I'll shorten it. Because that phrase that I
5 mentioned -- "Woe to the vanquished" -- was
6 basically, the original -- when the Gauls sacked
7 Rome, that was what they said when they had
8 complained about the scales being uneven and the
9 barbarian Gaul put his sword on the scale and
10 said: Now go get more, because we won, too bad.
11 Now, that was further -- Governor
12 Marcy, this is where I was going with this.
13 Governor Marcy subsequently said when there was a
14 changing of the guard -- in a speech on the U.S.
15 Senate floor -- he was a New York State Senator
16 at one point. He was defending Secretary of
17 State Martin Van Buren against an attack by
18 Senator Henry Clay, and he made his remark and he
19 became the champion of what is known as the
20 spoils system, which ultimately in politics, as
21 we all know, is patronage. You win, you put your
22 own people in, you do whatever you want and, you
23 know, discretion be darned.
24 And that's really the point of my
25 comments, that we have had a bill that went to
2916
1 the people by referendum, passed twice, and the
2 people overwhelmingly said no, thank you.
3 And then this body again tried to
4 change the rules in their favor. They also
5 added, you know, no-excuse absentee, many other
6 things -- harvesting ballot bills that we'll
7 probably see at some point -- because absentee
8 ballots overwhelmingly favor one party over the
9 other.
10 So when we equate that to the
11 bill-in-chief, this is just yet another cavalier
12 move to simply disregard the voter. And when you
13 think about "woe to the vanquished," who are the
14 vanquished in this situation? It's not us, it's
15 not the Republican Party, because the voters have
16 spoken. This does not take into consideration
17 any of the voters. This is for one particular
18 person, this is for one particular party in one
19 particular race.
20 And at one point in the debate I
21 heard the sponsor say that why would someone
22 want -- I don't know if anyone would want to vote
23 for a candidate under indictment, I believe was
24 the actual language used. Well, the
25 Legislature's going to tell us who to vote for
2917
1 now? We're going to do it by bills? We don't
2 think this person should be on the ballot because
3 that's our opinion -- not you, voter, 19 million
4 people in a democracy, little "d" democracy.
5 So what is going on right now is
6 unbelievably arrogant and cavalier, that we're
7 now telling the voters: Well, you can't just
8 vote for the other two candidates that are on the
9 ballot, you cannot vote for this individual.
10 Because we have a system of qualifying
11 candidates. And there are three ways to get on
12 the ballot, as we discussed -- I'm sorry, two.
13 Now three. The one way is after you're qualified
14 after the process closes and you have people who
15 are certified for the election, you can either do
16 those things we said -- move out of state, go to
17 other office. And you can only get certified by
18 either the statewide committee giving you enough
19 votes or you slug it out on the streets and get
20 enough petitions.
21 So the way to get on the ballot is
22 either get enough petitions, travel the state in
23 the appropriate time period when there's a level
24 playing field and many candidates are looking for
25 the endorsement of the statewide party, or now
2918
1 curry favor with seven hand-picked members of a
2 Committee on Vacancies.
3 So we don't have the regular process
4 that's constitutional, and we're not the Gaul
5 barbarians putting the sword on the scales.
6 That's what's happening right now. That's
7 exactly what's happening. We are, though, a
8 constitutional republic. And we're a body of
9 civilized people. And we're act like barbarians
10 right now.
11 This, quite frankly, is outrageous.
12 I vote no, and I urge my colleagues to do the
13 same. Thank you, Madam President.
14 ACTING PRESIDENT MAYER: Senator
15 O'Mara on the bill.
16 SENATOR O'MARA: Thank you,
17 Madam President. I hope to be brief.
18 And following up a little bit on the
19 bill, on Senator Boyle's remarks on would we be
20 doing this for any other Lieutenant Governor
21 position.
22 Come on, let's not kid ourselves.
23 There's no way that this body would be taking up
24 this bill to allow Tom Suozzi's Lieutenant
25 Governor who'd been indicted to get off the
2919
1 ballot, to allow Jumaane Williams' Lieutenant
2 Governor candidate who happened to be indicted to
3 get off the ballot, to allow Lee Zeldin's
4 Lieutenant Governor candidate to get off the
5 ballot. This would not be being taken up by this
6 body or the Assembly or being pushed by the
7 Governor, for that matter.
8 This is nothing more than a
9 continuation of one-party rule run amuck in
10 New York State. It's a continued abuse of power.
11 Less than one week after the Court of Appeals
12 struck down the gerrymandered and
13 unconstitutional redistricting maps, that we now
14 throw our entire election process into chaos
15 because of one-party rule in New York State.
16 Let's not kid ourselves for a moment
17 that this would be being done for anybody else
18 other than Governor Hochul's Lieutenant Governor.
19 It would not be happening.
20 It's not right. It's not just.
21 I'll be voting no.
22 ACTING PRESIDENT MAYER: Senator
23 Stec on the bill.
24 SENATOR STEC: Thank you,
25 Madam President. On the bill.
2920
1 The sponsor had previously asked
2 Senator Lanza a question that I wanted to jump in
3 and offer an answer. I think Senator O'Mara just
4 touched base on that very briefly. But the
5 question was how would we feel if this was a
6 Republican candidate or, as my colleague pointed
7 out, any other Democratic candidate.
8 Had this been a Republican
9 Lieutenant Governor, there is no way on God's
10 green earth that this chamber or the chamber down
11 there would be entertaining this legislation at
12 all. So the bill would never move.
13 And secondly, how would we feel?
14 Frankly, if my party's candidate was so poorly
15 vetted by somebody in charge of a
16 19-million-person state and a $226 billion budget
17 and they didn't read the newspaper to see that
18 the person they were looking at was getting
19 looked at by the cops, then you know what? My
20 party's candidate should justifiably suffer the
21 consequences that would fall from the voters,
22 period. But that hasn't happened here.
23 Now, the timing of this is all very
24 remarkable to me. The Governor, Governor Hochul,
25 picked an anti-law enforcement candidate to run
2921
1 with as her Lieutenant Governor. Then, lo and
2 behold, crime -- to the surprise of many, but not
3 to the surprise of this side of the aisle -- but
4 crime quickly becomes the number-one concern
5 amongst voters in New York State because of past
6 mistakes made by our one-party rule. But the
7 Governor is stuck with her pick.
8 And then, to make matters worse, of
9 all things her anti-law enforcement running mate
10 becomes indicted. He becomes a subject of the
11 criminal justice system that he's got a record of
12 opposing.
13 Now the Governor's really stuck, and
14 she needs an out. So the answer here is to
15 change Election Law. We don't send the bill
16 through the Elections Committee, we put it in on
17 Friday, we let it age three days like on the
18 quick, we bring it up here to vote on.
19 And I guess my last rhetorical
20 question would be in needing to get rid of this
21 candidate because he's a hindrance to her ticket,
22 he's a risk to his whole party in November, and
23 he's got a problem with criminal justice in a
24 year where criminal justice issues are the
25 driving force amongst the electorate, what's
2922
1 Governor Hochul's next move? Pick a cop to be
2 her running mate, so this is about political
3 expedience and strengthening -- I mean, these are
4 the questions that many of us have.
5 This bill stinks to high heaven, and
6 I'll be voting against it. And shame on anyone
7 that votes for it.
8 ACTING PRESIDENT MAYER: Senator
9 Helming to explain her vote.
10 SENATOR HELMING: Thank you,
11 Madam President. On the bill.
12 ACTING PRESIDENT MAYER: Oh, I'm
13 sorry, Senator Helming on the bill. Thanks for
14 correcting me.
15 SENATOR HELMING: The fact that
16 this legislation even needed to be introduced is
17 a disgrace. It's an absolute disgrace to our
18 government and our state and to the citizens who
19 continue to lose trust in our government and in
20 our leaders.
21 It's amazing to me how quickly this
22 legislation was moved to the floor, how quickly
23 the Senate Majority can act when it serves their
24 best interest or their interest.
25 Rather than putting this bill to
2923
1 erase the Governor's poor judgment, I believe
2 that New Yorkers would be better served by
3 advancing priorities that actually help our
4 constituents. Lower their taxes, lower the cost
5 of living, and make our streets safer.
6 Once again, New York State is going
7 to make the headlines, and once again it's going
8 to be for all the wrong reasons.
9 There's been a lot of talk over
10 these past several months about open government,
11 about transparent government, about
12 collaboration. In fact, earlier the sponsor
13 stated this is a bill that intends to give an
14 option to the people.
15 I don't believe that. If the
16 Majority -- all of the Democrat Senators in this
17 chamber truly cared about this ballot issue and
18 truly cared about what is in the best interests
19 of all New Yorkers, they would have held public
20 hearings. They would have given the public an
21 opportunity to weigh in on this important
22 subject. They would have included stakeholders
23 in open and transparent discussions, including
24 our boards of election commissioners.
25 We've seen nothing of the sort.
2924
1 Instead, today we have another bill that
2 continues to promote secret, back-door politics.
3 And, Madam President, dare I even suggest that
4 it's the same sort of bad politics that resulted
5 in the unconstitutional, gerrymandered
6 redistricting maps that my Democratic colleagues
7 voted for.
8 It's the same foolery, it's the same
9 shenanigans over and over again. The same
10 secretive, closed-door negotiations that
11 continues to put politics first instead of people
12 first.
13 For these reasons, Madam President,
14 I vote no, and I urge everyone in this chamber to
15 do the right thing and to vote no.
16 ACTING PRESIDENT MAYER: Senator
17 Mattera on the bill.
18 SENATOR MATTERA: Thank you,
19 Madam President. To explain my vote.
20 Governor Hochul is looking for
21 state --
22 ACTING PRESIDENT MAYER: Senator
23 Mattera, you're on the bill. Do you want to
24 explain your vote a little later?
25 SENATOR MATTERA: I'm sorry, I'm on
2925
1 the bill. I'm sorry. Thank you,
2 Madam President.
3 ACTING PRESIDENT MAYER: Senator
4 Mattera on the bill.
5 SENATOR MATTERA: Governor Hochul
6 is looking for the State Legislature to protect
7 her from the results of her very poor choice.
8 Simply put, she is looking for the State
9 Legislature to protect her from the poor
10 decisions her office made when it selected her
11 Lieutenant Governor last year. And the Assembly
12 and the Senate should not be providing political
13 cover in any way.
14 I strongly believe that instead of
15 wasting our efforts protecting one elected
16 official from a poor choice, that we should be
17 working to better the lives of every New Yorker,
18 who do not care nor need backroom deals. It
19 should be done with public input, and it must be
20 done at a time when no individual benefits from
21 its passage.
22 The Governor's vetting process was
23 clearly flawed, and the Assembly and Senate
24 should not fix a problem she created. But this
25 is a bill that will be rushed through to protect
2926
1 one person, the very person who will put final
2 signature on its passage. And that is simply
3 wrong.
4 Madam President, I will be strongly
5 voting no. Thank you.
6 ACTING PRESIDENT MAYER: Are there
7 any other Senators wishing to be heard?
8 Seeing and hearing none, debate is
9 closed. The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Senator
17 Reichlin-Melnick to explain his vote.
18 SENATOR REICHLIN-MELNICK: Thank
19 you, Madam President.
20 I've sat here and listened to an
21 awful lot of political grandstanding from some of
22 my colleagues. I think that there is basically
23 one very simple thing here at issue.
24 If we go out and we ask any of the
25 constituents that we represent in our district,
2927
1 "Do you think a politician who has been indicted
2 on federal corruption and bribery charges,
3 resigned from office in disgrace, should be on
4 the ballot in November or in a primary in June,"
5 99 out of 100 people that we represent would say,
6 Are you kidding me? Of course not. Why would we
7 ever want somebody like that, and how could it be
8 the case that somebody who has resigned, who does
9 not want to be a candidate, has to stay as a
10 candidate?
11 That does not make any sense to me,
12 and it does not make any sense to most of the
13 people that I represent.
14 And we talk about, you know, how
15 does somebody get off a ballot? You know,
16 Senator Benjamin or anybody else could die -- we
17 hope they don't -- they could move out of
18 office -- or move out of state to New Jersey,
19 maybe a fate worse than death, or they could --
20 excuse me, New Jersey --
21 (Laughter.)
22 SENATOR REICHLIN-MELNICK: Or they
23 could run -- you know, run for another office.
24 In any of those scenarios, though,
25 this exact same process of a Committee on
2928
1 Vacancies would pick a candidate. It could
2 happen to any of us. If something, God forbid,
3 happened to a member of this body, their
4 Committee on Vacancies -- and we all petitioned
5 to get on the ballot -- would choose a candidate
6 that voters never petitioned for. But that's
7 what the New York State law has allowed for
8 decades.
9 And so I don't think that there is
10 anything particularly strange about saying that
11 somebody that's been indicted, that's resigned
12 their office, that does not want to be a
13 candidate shouldn't be a candidate.
14 And let's remember, this is not a
15 partisan thing. Two of the last four Majority
16 Leaders of this body who came from the minority
17 party here were indicted, resigned, and removed
18 themselves from the ballot, because it so
19 happened that they were indicted and resigned not
20 right in the middle of an election season.
21 But I'm very sure that had they had
22 a similar timeline and been indicted and resigned
23 from office right in the middle of an election,
24 their party probably would not have wanted to go
25 into that election with former Majority Leaders
2929
1 Dean Skelos or Joe Bruno on the ballot for their
2 districts.
3 So we have a lot of politics here.
4 I think this is simple common sense. And while
5 this is a challenging situation, I am going to be
6 voting in the affirmative.
7 ACTING PRESIDENT MAYER: Senator
8 Reichlin-Melnick to be recorded in the
9 affirmative.
10 Senator May to explain her vote.
11 SENATOR MAY: Thank you,
12 Madam President.
13 I rise to explain why I'm voting no
14 on this bill, but I want to say that this debate
15 almost convinced me to change my mind --
16 (Laughter.)
17 SENATOR MAY: -- because this
18 debate made it clear that some of our colleagues
19 believe that the purpose of an election is to
20 punish a candidate or a campaign.
21 I believe the purpose of an election
22 is to give voters a choice. And the purpose of a
23 ballot is to give them a clear choice among
24 candidates who are actually running for office.
25 This is why I was proud to have my
2930
1 bill signed into law last year that allowed
2 someone to decline a ballot line if they lost a
3 primary but they still had a third-party line,
4 because I believe there should not be phantom
5 candidates on a ballot. And I believe it's
6 appropriate to allow a candidate to withdraw for
7 good cause.
8 I'm voting no on this bill because I
9 also believe in process. And that bill that I
10 carried went through vetting, it went through
11 committee -- twice -- because it also went
12 through an amendment process.
13 I do believe -- and it wasn't meant
14 to apply to any particular candidate, it was a
15 general fix to a real problem that we have here
16 in New York State. And I believe we need to fix
17 that problem for this level of candidates too.
18 But for now, I do think the process
19 matters, and I am voting no.
20 Thank you.
21 ACTING PRESIDENT MAYER: Senator
22 May to be recorded in the negative.
23 Senator Savino to explain her vote.
24 SENATOR SAVINO: Thank you,
25 Madam President.
2931
1 You know, I almost didn't come down
2 to the chamber today, but I'm glad I did.
3 Because this has been quite entertaining,
4 actually. Some of you couldn't even keep a
5 straight face as you were standing up and
6 speaking on the bill.
7 I'm going to vote in favor of this
8 bill, although I agree with Senator May, I think
9 her bill would have been a better solution. But
10 that's not the one that is before us.
11 Unfortunately, we have some of the
12 most archaic laws on ballot access in the
13 country. We all know that, we all admit that.
14 We know that because we wrote them. Maybe not
15 those of us individually in this chamber, but
16 we've done very little to fix them.
17 We all know the ridiculousness of
18 the fact that the only way to get off the ballot
19 after the declination period has passed is you
20 have to die -- certainly not an option -- move
21 out of state -- again, hardly an option, you
22 can't move that quickly and establish residency
23 or have the Board of Elections accept that
24 residency change -- or be nominated for another
25 office.
2932
1 And so in a position like this one
2 where you have a candidate who has been selected
3 at a party convention -- and I've heard the term
4 "the will of the voters" used a lot. Well, the
5 will of the voters are not at play at a party
6 convention. It's a party candidate selection
7 process. And a primary is not an election
8 either. It's a partisan candidate selection
9 process.
10 I'd remind a lot of my colleagues
11 here -- you know, it's a long way down from the
12 high horse we all climb up on sometimes -- but
13 this debate has been hardly about what the will
14 of the voters want, it's purely been about
15 politics. And those of you who are -- have been
16 very critical about it, it's because you want to
17 see the Governor stuck -- I think one of you said
18 she should be forced to pay the price for
19 choosing this candidate.
20 Maybe so. And maybe she will pay
21 the price for the decision later on. But we have
22 a different problem. We have a candidate who,
23 whether or not they've been indicted, whether
24 they're under investigation, clearly does not
25 want to run. He does not want to see his name on
2933
1 the ballot. He does not want to go before the
2 voters. He doesn't want the will of the voters
3 to be subject to him.
4 That's the choice. This is the bill
5 that's before us. Again, I believe Senator May's
6 bill is a better bill, but that's not the one
7 that we have before us.
8 So we have a problem now. We have a
9 candidate who was a Lieutenant Governor, he
10 resigned from office, he is on the ballot unless
11 we find a way that he can voluntarily request his
12 name be removed so that the voters don't have to
13 be subjected to him.
14 And my final point, I find it very
15 entertaining that many of you are concerned about
16 the fate of two of the women, the Latina
17 candidates on the Democratic side. You can't
18 vote for them, but maybe you can support them in
19 other ways, to make sure that perhaps they can
20 make history. So, you know, if you're still that
21 concerned about them, I'm sure they'll take your
22 contributions and maybe you can go out and
23 campaign for them.
24 But I'm going to vote for the bill
25 that we have in front of us. It's not the
2934
1 perfect solution, but unfortunately it's the only
2 one we have today.
3 Madam President, thank you.
4 ACTING PRESIDENT MAYER: Senator
5 Savino to be recorded in the affirmative.
6 Senator Lanza to explain his vote.
7 SENATOR LANZA: Thank you, Madam
8 President, to explain my vote.
9 Let me say with a straight face that
10 I have a hard time -- anyone can have a straight
11 face in saying that this bill does not have
12 something to do or everything to do with
13 politics.
14 I can tell you the people back home,
15 they must be spinning in their chairs and I would
16 like to see their faces at this moment when they
17 are being sold a bill of goods with respect to
18 this legislation.
19 And some people believe -- some
20 people believe that the purpose of legislation is
21 to help get the candidate of their choosing
22 elected and not about the best interests of the
23 people of New York. And that's why I'll be
24 voting no on this legislation.
25 Thank you, Madam President.
2935
1 ACTING PRESIDENT MAYER: Senator
2 Lanza to be recorded in the negative.
3 Senator Palumbo to explain his vote.
4 SENATOR PALUMBO: Thank you,
5 Madam President. And just another quick comment
6 that just occurred to me. To explain my vote,
7 and thank you for allowing me the opportunity to
8 interrupt the proceedings.
9 So not even just applying to this
10 particular situation, now in the future if
11 someone is charged with a crime two weeks before
12 Election Day, how many millions of dollars is the
13 state going to have to expend in an expedited
14 fashion to change every single ballot in a
15 statewide office? A lot.
16 So this seems like something that
17 is -- oh, it's a silly process, it is what it is.
18 But this is opening such a tremendous can of
19 worms and costs to the state, that we have
20 someone who had no interest probably three weeks
21 ago in running for Lieutenant Governor who's
22 going to be magically plucked out of the air by
23 the current Governor as a running mate and placed
24 on the ballot through this brand-new process,
25 through the Committee on Vacancies, after
2936
1 qualification.
2 And so that's really the point.
3 There is a big issue regarding the actual balance
4 that we're looking to strike as far as fairness
5 for people who want to run for public office.
6 Nobody else is going to get that opportunity; a
7 political insider is.
8 And that's why I vote in the
9 negative, in addition to all the other reasons I
10 previously mentioned.
11 Thank you, Madam Speaker -- Madam
12 President.
13 ACTING PRESIDENT MAYER: Senator
14 Palumbo to be recorded in the negative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar 932, those Senators voting in the
18 negative are Senators Akshar, Biaggi, Borrello,
19 Boyle, Brisport, Felder, Gallivan, Gianaris,
20 Griffo, Helming, Jordan, Lanza, Martucci,
21 Mattera, May, Myrie, Oberacker, O'Mara, Ortt,
22 Palumbo, Ramos, Rath, Ritchie, Rivera, Salazar,
23 Serino, Stec, Tedisco and Weik.
24 Ayes, 33. Nays, 29.
25 ACTING PRESIDENT MAYER: The bill
2937
1 is passed.
2 Senator Kennedy, that completes the
3 reading of the controversial calendar.
4 SENATOR KENNEDY: Thank you,
5 Madam President.
6 Is there any further business at the
7 desk?
8 ACTING PRESIDENT MAYER: There is
9 no further business at the desk.
10 SENATOR KENNEDY: There being none,
11 I move to adjourn until Tuesday, May 3rd, at
12 3:00 p.m.
13 ACTING PRESIDENT MAYER: The Senate
14 stands adjourned, on motion, till Tuesday,
15 May 3rd, at 3:00 p.m.
16 (Whereupon, at 5:44 p.m., the Senate
17 adjourned.)
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