3732
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 9, 2023
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
3733
1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: Rabbi Avi
9 Kahan, from Derech Shalom, in Suffern, New York,
10 will deliver today's invocation.
11 Rabbi?
12 RABBI KAHAN: Thank you,
13 Senator Weber, for inviting me.
14 Thank you for allowing me to share a
15 prayer.
16 As many of you might know, today is
17 the mystical Jewish holiday known as Lag BaOmer.
18 May also happens to be Mental Health Awareness
19 Month. Jewish tradition says that on this day
20 about 2,000 years ago, the great Shimon bar
21 Yochai, the author of the Zohar, articulated the
22 most fundamental mental health issues in his book
23 the Zohar.
24 I want to read a small prayer from
25 his students that was -- I would say it's about
3734
1 500 years old.
2 O God, source of all healing and
3 comfort, we come before You with open hearts and
4 minds seeking Your divine guidance and wisdom.
5 We know that the journey of mental
6 health is a difficult one, full of challenges and
7 obstacles that can be difficult to overcome. But
8 we also know that with Your divine help, all
9 things are possible.
10 May Your light shine upon us,
11 illuminating the darkest corners of our minds and
12 hearts. May we be guided by Your divine presence
13 as we seek healing and wholeness, and may we find
14 comfort in knowledge that You are always with us,
15 even in our moments of greatest despair.
16 We ask that You bless those who are
17 struggling with mental health challenges and
18 provide them with strength and resilience they
19 need to face their struggles. May they find
20 comfort in Your presence, and may they know that
21 they are never alone on this journey.
22 O God, we also ask that You bless
23 the healers and caregivers who work tirelessly to
24 provide care and support to those in need. May
25 they be guided by Your divine wisdom and
3735
1 compassion, and may they be blessed with strength
2 and resilience they need to continue their work.
3 May we always remember that our
4 mental health is a reflection of our spiritual
5 health, and that the care we give our minds and
6 hearts is a sacred task. May we be blessed with
7 the courage to face our struggles head-on and the
8 wisdom to know when to seek help and support.
9 We offer this prayer in humility and
10 gratitude, knowing that Your divine presence is
11 with us always, guiding us on our journey and
12 healing and wholeness. Amen.
13 Thank you.
14 ACTING PRESIDENT BAILEY: The
15 reading of the Journal.
16 THE SECRETARY: In Monday, May 8,
17 2023, the Senate met pursuant to adjournment.
18 The Journal of Friday, May 5, 2023, was read and
19 approved. On motion, the Senate adjourned.
20 ACTING PRESIDENT BAILEY: 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 Mannion
3736
1 moves to discharge, from the Committee on
2 Children and Families, Assembly Bill Number 2798
3 and substitute it for the identical Senate Bill
4 3119, Third Reading Calendar 708.
5 ACTING PRESIDENT BAILEY: 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 Gianaris.
14 SENATOR GIANARIS: Good afternoon,
15 Mr. President.
16 On behalf of Senator Liu, on page 34
17 I offer the following amendments to Calendar 725,
18 Senate Print 760, and ask that said bill retain
19 its place on the Third Reading Calendar.
20 ACTING PRESIDENT BAILEY: The
21 amendments are received, and the bill will retain
22 its place on the Third Reading Calendar.
23 SENATOR GIANARIS: On behalf of
24 Senator Cleare, I wish to call up Senate Print
25 1212, recalled from the Assembly, which is now at
3737
1 the desk.
2 ACTING PRESIDENT BAILEY: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 203, Senate Print 1212, by Senator Cleare, an act
6 directing the Departments of Environmental
7 Conservation and Health to establish
8 environmental standards for ambient lead and lead
9 contamination in soils.
10 SENATOR GIANARIS: Move to
11 reconsider the vote by which the bill was passed.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 ACTING PRESIDENT BAILEY: The bill
17 is restored to its place on the Third Reading
18 Calendar.
19 SENATOR GIANARIS: I offer the
20 following amendments.
21 ACTING PRESIDENT BAILEY: The
22 amendments are received, and the bill will retain
23 its place on the Third Reading Calendar.
24 SENATOR GIANARIS: Please recognize
25 Senator Lanza.
3738
1 ACTING PRESIDENT BAILEY: Senator
2 Lanza.
3 SENATOR LANZA: Good afternoon,
4 Mr. President.
5 On behalf of Senator Borrello, on
6 page 33 I offer the following amendments to
7 Calendar Number 704, Senate Print Number 6110,
8 and ask that said bill retain its place on
9 Third Reading Calendar.
10 ACTING PRESIDENT BAILEY: The
11 amendments are received, and the bill will retain
12 its place on the Third Reading Calendar.
13 Senator Gianaris.
14 SENATOR GIANARIS: I now move to
15 adopt the Resolution Calendar, with the exception
16 of Resolution 899.
17 ACTING PRESIDENT BAILEY: All those
18 in favor of adopting the Resolution Calendar,
19 with the exception of Resolution 899, please
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT BAILEY: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT BAILEY: The
3739
1 Resolution Calendar is adopted.
2 Senator Gianaris.
3 SENATOR GIANARIS: Please call up
4 Resolution 899, by Senator May, read its title,
5 and recognize Senator May.
6 ACTING PRESIDENT BAILEY: The
7 Secretary will read.
8 THE SECRETARY: Senate Resolution
9 899, by Senator May, memorializing Governor
10 Kathy Hochul to proclaim May 7-13, 2023, as
11 Fibromyalgia Awareness Week in the State of
12 New York.
13 ACTING PRESIDENT BAILEY: Senator
14 May on the resolution.
15 SENATOR MAY: Thank you,
16 Mr. President.
17 Fibromyalgia affects an estimated
18 10 million Americans. It can be debilitating,
19 but it is hard to diagnose and treat because it
20 consists of a shifting constellation of symptoms,
21 many of which overlap with other illnesses.
22 Sufferers report experiencing pain, fatigue,
23 digestive issues, anxiety, depression, insomnia,
24 and brain fog and memory issues.
25 Perhaps because the typical fibro
3740
1 patient is a woman over 40, for a long time the
2 medical profession was inclined to dismiss the
3 disease as imaginary. But I can attest firsthand
4 that it's real. I'm lucky to have mild and
5 intermittent symptoms, but some people find their
6 lives completely up-ended by fibromyalgia. Even
7 so, it typically takes about five years to get a
8 diagnosis, because there is limited training and
9 information and relatively few treatment options.
10 Which is why I am delighted to
11 welcome some guests today who are trying to
12 change that. We are joined here today by
13 Brian Hart of the International Institute for
14 Human Empowerment; Sue Shipe, the chair of the
15 Fibromyalgia Task Force of New York State;
16 Simone Albrecht; Nicole MacFarland, executive
17 director of Senior Hope; and Katie Greenberg.
18 I ask you to recognize them, and I
19 thank them for their important work in raising
20 awareness about fibromyalgia and moving us toward
21 better treatment options.
22 Thank you.
23 ACTING PRESIDENT BAILEY: Thank
24 you, Senator May.
25 To our guests, I welcome you on
3741
1 behalf of the Senate. We extend to you the
2 privileges and courtesies of the house.
3 Please rise and be recognized.
4 (Applause.)
5 ACTING PRESIDENT BAILEY: Senator
6 Gianaris.
7 SENATOR GIANARIS: If we can go to
8 previously adopted Resolution 819, by
9 Senator Walczyk, read its title, and recognize
10 Senator Walczyk.
11 ACTING PRESIDENT BAILEY: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 819, by Senator Walczyk, commemorating the
15 50th Anniversary of the New York State Tug Hill
16 Commission.
17 ACTING PRESIDENT BAILEY: Senator
18 Walczyk on the resolution.
19 SENATOR WALCZYK: Thank you,
20 Mr. President.
21 I rise to celebrate the Tug Hill
22 Commission on 50 years of service here in the
23 State of New York. They are a small
24 nonregulatory state agency who works with local
25 governments, citizens and the region to help
3742
1 protect the sanctity of the Tug Hill region.
2 And, listen, you all know the
3 Tug Hill region probably better than you may
4 realize, because I guarantee at some point in the
5 winter season they'll end up on the national
6 media for the record amount of snowfall,
7 guaranteed, every year.
8 It's a beautiful area of our state,
9 whether it's covered in snow and snowmobile
10 trails or not. The Tug Hill region includes
11 41 towns, 18 villages, and is portions of
12 Jefferson, Lewis, Oneida and Oswego counties.
13 We're talking about 2100 square miles.
14 They have an executive director
15 who's doing a great job, Katie Malinowski. And
16 the Tug Hill Commission has been working for
17 50 years to serve these towns and villages and
18 the region of the state.
19 What makes them so special -- you
20 know, we often put legislation forward talking
21 about shared services. But I encourage you and
22 implore you to look at the Tug Hill Commission of
23 exactly what's right when we talk about
24 governments working together and sharing
25 services. They've been doing it for 50 years.
3743
1 They're doing a great job.
2 And may the Tug Hill Commission have
3 50 more great years serving the State of
4 New York.
5 And with that, thank you,
6 Mr. President.
7 ACTING PRESIDENT BAILEY: Thank
8 you, Senator Walczyk.
9 The resolution was previously
10 adopted on April 25th.
11 Senator Gianaris.
12 SENATOR GIANARIS: Let's stay with
13 Senator Walczyk, who also has an introduction.
14 Oh, I'm sorry.
15 ACTING PRESIDENT BAILEY: The
16 question is on Resolution 899. Apologies.
17 All in favor please signify by
18 saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT BAILEY: Opposed?
21 (No response.)
22 ACTING PRESIDENT BAILEY: The
23 resolution is adopted.
24 Senator Gianaris.
25 SENATOR GIANARIS: Can we now
3744
1 recognize Senator Walczyk for an introduction.
2 SENATOR GIANARIS: Senator Walczyk
3 for the purposes of an introduction.
4 SENATOR WALCZYK: Thank you,
5 Mr. President.
6 Joined by some amazing home-school
7 families in the gallery here today. And always
8 encouraged when they're learning more about our
9 legislative process, civics, and representative
10 democracy here in the State of New York.
11 We've got the Greens from Redwood
12 and the Ellisors from Fort Drum. We've got the
13 Ososkalos from Clayton and the Bells from
14 Cape Vincent, the Linstruths from Chaumont, the
15 Georges, the Grants, the Baileys and the
16 Dejourdans from Watertown, as well as the Ueblers
17 from Watertown, the Fishers from La Fargeville,
18 and the Wellwoods from Fort Drum.
19 And you might not recognize those
20 names as home-schoolers. They're very important
21 to me in the 49th Senate District. But you will
22 recognize names like this: Thomas Edison,
23 Teddy Roosevelt, Emma Watson, and Justin
24 Timberlake. They're of the same ranks.
25 And we are blessed to have
3745
1 parent-educators in this state, we're blessed to
2 have dedicated students, and we're lucky to have
3 a strong presence of home-schoolers in New York
4 State as well as in our chamber today.
5 So I would ask you, Mr. President,
6 if you would extend the cordialities of the house
7 and the privileges of the floor in welcoming them
8 here today. Thank you.
9 ACTING PRESIDENT BAILEY:
10 Certainly.
11 To our guests, I welcome you on
12 behalf of the Senate. We extend to you all of
13 the privileges and courtesies of this house.
14 Please rise and be recognized.
15 (Standing ovation.)
16 ACTING PRESIDENT BAILEY: We
17 understand that we have now been joined by
18 Senator May's guests in recognition of
19 Fibromyalgia Awareness Week.
20 Please rise and be recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT BAILEY: Senator
23 Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 at the request of the sponsors, those resolutions
3746
1 are open for cosponsorship.
2 ACTING PRESIDENT BAILEY: The
3 resolutions are open for cosponsorship. Should
4 you choose not to be a cosponsor, please notify
5 the desk.
6 Senator Gianaris.
7 SENATOR GIANARIS: Can we now take
8 up the reading of the calendar, please.
9 ACTING PRESIDENT BAILEY: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 199, Senate Print 936, by Senator Bailey, an act
13 to amend the Public Housing Law.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: Ayes, 56.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
3747
1 THE SECRETARY: Calendar Number
2 263, Senate Print 303, by Senator Salazar, an act
3 to amend the Executive Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Senator
12 Salazar to explain her vote.
13 SENATOR SALAZAR: Thank you,
14 Mr. President.
15 When someone is a victim or a
16 survivor of a crime, it is not unusual for their
17 personal property to be damaged, lost or stolen
18 or somehow affected as a result of being a victim
19 of a crime. And in determining victim
20 compensation awards, the term "welfare," as in
21 the current law, has been narrowly interpreted
22 and often results in some victims being deprived
23 or rendered ineligible for compensation.
24 What this bill does is it really
25 makes a simple change to the law. And while it
3748
1 may seem simple to us, it can really have a
2 profound positive impact on victims or survivors
3 of crime who are seeking to be compensated and to
4 have meaningful access to reimbursement for what
5 is necessary for them to cope with what has
6 happened to them and for them to move on with
7 their lives.
8 So I thank our Majority Leader for
9 prioritizing not only this bill, but an entire
10 package of legislation today advocating for
11 victims and survivors of crimes, so that we can
12 better support them as a state.
13 Thank you.
14 ACTING PRESIDENT BAILEY: Senator
15 Salazar to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 300, Senate Print 1138, by Senator Ortt, an act
22 to amend Chapter 658 of the Laws of 1978.
23 ACTING PRESIDENT BAILEY: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3749
1 act shall take effect immediately.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 411, Senate Print 3340, by Senator Mayer, an act
12 to amend the Civil Practice Law and Rules.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 120th day after it
17 shall have become a law.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Senator
22 Mayer to explain her vote.
23 SENATOR MAYER: Thank you,
24 Mr. President.
25 And thank you to my colleagues for
3750
1 supporting this bill, which will really enable
2 victims, particularly of domestic violence and
3 sexual assault and others who get these extreme
4 risk protection orders, or red flag orders, to
5 ensure that they are actually filed in the
6 statewide computerized registry.
7 When you get an order and you live
8 in Mount Vernon like you do, Mr. President -- or
9 not live in, but represent Mount Vernon -- and
10 then you are in Western New York in Lockport,
11 New York, where my husband comes from, you want
12 to make sure that that ERPO order is on file for
13 every police department and that every department
14 knows in the whole State of New York.
15 This is a mandate that judges
16 actually file into a statewide computerized
17 registry. It does not change any of the
18 underlying principles that we adopted in pursuing
19 the red flag laws. This will grant people
20 additional personal safety and security, knowing
21 that these orders are filed in a statewide
22 computerized registry.
23 Thank you, and I vote aye.
24 ACTING PRESIDENT BAILEY: Senator
25 Mayer to be recorded in the affirmative.
3751
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 411, those Senators voting in the
4 negative are Senators Ashby, Borrello, Gallivan,
5 Griffo, Helming, Mattera, Oberacker, O'Mara,
6 Rhoads, Stec, Tedisco, Walczyk and Weik.
7 Ayes, 45. Nays, 13.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 465, Senate Print 1901, by Senator Stavisky, an
12 act to amend the Criminal Procedure Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Senator
21 Stavisky to explain her vote.
22 SENATOR STAVISKY: Thank you,
23 Mr. President.
24 And thank you to my colleagues for
25 this package of legislation.
3752
1 This bill, Emma's Law, is named in
2 honor of Emma O'Rourke, Emma Grace O'Rourke, who
3 was 11 years old when her father was in an
4 automobile accident, he was rear-ended and he
5 suffered very severe traumatic injuries,
6 including a brain injury.
7 She asked to speak at the sentencing
8 of the person who hit her father's car, and she
9 was denied that right because the driver of the
10 other car pled guilty to a misdemeanor. It was
11 plea-bargained down, I assume, to a misdemeanor,
12 and misdemeanor crimes were not subject to the
13 victim impact statement.
14 It's been a long time; it happened,
15 I think, in 2012. But today Emma and other
16 people would be able to testify at sentencing
17 with the discretion of the court.
18 The result of these crimes, the
19 traumatic experience that the victims undergo --
20 it doesn't matter what the crime was, the result
21 is the same, and they deserve the same kind of
22 closure as if it were a felony.
23 I plead -- I plead? I vote aye.
24 Thank you. Sorry.
25 (Laughter.)
3753
1 ACTING PRESIDENT BAILEY: Senator
2 Stavisky to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 466, Senate Print 1951, by Senator Hoylman-Sigal,
9 an act to amend the Penal Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of November.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 469, Senate Print 3071, by Senator Fernandez, an
24 act to amend the Criminal Procedure Law.
25 ACTING PRESIDENT BAILEY: Read the
3754
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Senator
8 Fernandez to explain her vote.
9 SENATOR FERNANDEZ: Thank you so
10 much, Mr. President.
11 I've said it before on this floor,
12 and it must be resaid every single time, because
13 I wouldn't be fighting and doing what I have to
14 do for the people and the women and the victims
15 of domestic violence in the Bronx. But this bill
16 would give the victim a stronger case or the
17 ability to create a stronger case with the
18 prosecutor getting access to past sealed
19 convictions, typically -- what is it called --
20 restraining orders and orders of protection.
21 This is important to see the pattern
22 of harm that is done on a victim and to further
23 get justice and to achieve getting that justice.
24 So thank you, Mr. President, and I
25 vote aye.
3755
1 ACTING PRESIDENT BAILEY: Senator
2 Fernandez to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 471, Senate Print 3236, by Senator Sepúlveda, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 567, Senate Print 4686, by Senator Parker, an act
24 to amend the Criminal Procedure Law.
25 SENATOR LANZA: Lay it aside.
3756
1 ACTING PRESIDENT BAILEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 606, Senate Print 4097A, by Senator Gounardes, an
5 act to amend the Civil Service Law.
6 SENATOR GIANARIS: Lay it aside for
7 the day.
8 ACTING PRESIDENT BAILEY: The bill
9 will be laid aside for the day.
10 THE SECRETARY: Calendar Number
11 648, Senate Print 5916, by Senator Hoylman-Sigal,
12 an act to amend the Court of Claims Act.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Senator
21 Hoylman-Sigal to explain his vote.
22 SENATOR HOYLMAN-SIGAL: Thank you,
23 Mr. President.
24 I rise to thank my colleagues for
25 their support of this legislation, which makes
3757
1 some technical but necessary changes to our
2 Adult Survivors Act, which we passed last year
3 and which is in effect now.
4 And if there's any day that we
5 should be celebrating the passage of the
6 Adult Survivors Act, it's today, when E. Jean
7 Carroll has been successful in her lawsuit
8 against the 45th president of the United States
9 and a jury has unanimously found him civilly
10 liable for sexual assault and defamation.
11 We opened the door for E. Jean
12 Carroll and countless other survivors under the
13 Adult Survivors Act, and we should be proud of
14 our work. We should be proud of this package
15 because the Senate Majority and all of my
16 colleagues are standing up for survivors, making
17 sure their voices are heard and giving them
18 access to justice.
19 I vote aye.
20 ACTING PRESIDENT PERSAUD: Senator
21 Hoylman-Sigal to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
3758
1 THE SECRETARY: Calendar Number
2 669, Senate Print 289, by Senator May, an act to
3 amend the Local Finance Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Senator
12 May to explain her vote.
13 SENATOR MAY: Thank you,
14 Madam President.
15 And I want to thank my colleagues
16 for supporting this bill, which is one more step
17 toward making it easy for municipalities to put
18 in place their own municipal broadband systems.
19 Those of us who live upstate are
20 very familiar with the fact that broadband is not
21 equitably distributed. A lot of people lack the
22 connectivity and the resources that high-speed
23 internet provides. And they're so critical to
24 learning and to running a business and to just
25 about every aspect of our lives these days.
3759
1 So municipal broadband is one of the
2 solutions that people have employed around the
3 country to provide internet to everyone and not
4 to make it just about the profit motive.
5 So this is one piece of the puzzle
6 that allows municipalities to bond for municipal
7 broadband systems. And I look forward to seeing
8 many of our municipalities upstate be able to
9 really thrive because they're able to provide
10 this service to everybody.
11 I vote aye. Thank you.
12 ACTING PRESIDENT PERSAUD: Senator
13 May to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 58.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 672, Senate Print 2364A, by Senator Bailey, an
20 act to amend the Executive Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of April.
25 ACTING PRESIDENT PERSAUD: Call the
3760
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Senator
4 Bailey to explain his vote.
5 SENATOR BAILEY: Thank you,
6 Madam President. Good afternoon.
7 To quote Pastor Jay Gooding of SUV,
8 Stand Up To Violence, one shot fired is one shot
9 too many.
10 The SNUG program, which is "guns"
11 spelled backward, has been incredibly successful
12 throughout the state in terms of reducing gun
13 violence in many communities, often reducing them
14 by 300 percent in certain catchment areas.
15 You know, I've seen the work of
16 these organizations happen, and I just want to
17 lift them up. SNUG, yes, there are a number of
18 SNUG programs throughout the state. There is
19 SNUG in Mount Vernon, SNUG 209. I've got to give
20 them a shout-out. They do so many things.
21 And one of the things about violence
22 interrupters and violence mediators,
23 Madam President, is that it's not just about
24 stopping violence, it's about having
25 conversations within your community to understand
3761
1 why violence is even happening between people and
2 to snuff that out before it can even start.
3 You see, what happens with SNUG
4 Mount Vernon is that they a number of programs
5 and a number of things where they're feeding
6 people, they're having events, they're getting
7 involved in the community so that they can
8 understand the community and understand why
9 conflicts are happening.
10 When it comes to B.R.A.G., Bronx
11 Rises Against Gun Violence, led by David Caba --
12 amazing work in my district and also
13 Senator Rivera's district. They do phenomenal
14 work in understanding -- again, they're in
15 schools and they provide counseling services.
16 SUV, Stand Up To Violence,
17 Pastor Jay Gooding and Minister Kwame Thompson
18 doing amazing work in our specific communities,
19 in consultation with Jacobi Hospital, because
20 there is a -- as Senator Myrie's bill indicated,
21 that gun violence is a public health crisis.
22 And so when we think about all of
23 those organizations and so many -- RTG, Release
24 the Grip -- and so many other violence
25 interrupter organizations throughout the city and
3762
1 state and the county and the country, they do way
2 more than just stopping the violence. They take
3 kids out of where sometimes the violence is
4 happening. Sometimes you've got to take a kid
5 out of town to -- so that they can breathe
6 different air, so to speak, so they have a
7 clearer head to think.
8 And the work that they do is so
9 valuable, Madam President. And this bill would
10 codify the SNUG program so that we wouldn't have
11 to worry about getting the money in the budget
12 every year. This would be something that we'd be
13 able to rely on year after year because this
14 program is worth it.
15 I vote aye, Madam President.
16 ACTING PRESIDENT PERSAUD: Senator
17 Bailey to be recorded in the affirmative.
18 Senator Rivera to explain his vote.
19 SENATOR RIVERA: Senator Bailey
20 stole my thunder a little bit, because I didn't
21 know -- well, I knew that he was going to talk
22 probably about B.R.A.G., but I wanted to talk
23 about B.R.A.G. as well.
24 B.R.A.G., Madam President, is Bronx
25 Rises Against Gun Violence. It is the SNUG
3763
1 program that covers both areas in
2 Senator Bailey's district as well as my own, run
3 by David Caba and a whole host of amazing
4 individuals. And I would argue -- I'm very
5 thankful to Senator Bailey for bringing this bill
6 up because, as he said, this is a conversation
7 that we need to have every single budget cycle to
8 make sure that there's money in there, and
9 codifying it through legislation is absolutely
10 essential.
11 And I would argue, Madam President,
12 that this is exactly the place where we need to
13 be investing money to actually stop violence in
14 our communities. We can certainly have a
15 conversation about where policing fits into it,
16 but I believe that having conversations about
17 programs like SNUG, programs of violence
18 interrupters, programs of individuals who have a
19 level of credibility in communities and actually
20 consistently go out into those communities and
21 talk to actual, real people, way before --
22 sometimes sadly after -- violence occurs, but
23 most of the time before it does, and stop it from
24 happening.
25 There were catchment areas in
3764
1 B.R.A.G.'s -- B.R.A.G.'s catchment area that had
2 no violence, no shootings for over a year,
3 Madam President. Those are the types of things
4 that I think that this program is demonstrated to
5 have done, and this is the reason why I'm so
6 proud to be voting in the affirmative, and
7 hopefully we'll be able to get it passed and
8 signed by the Governor.
9 I vote in the affirmative,
10 Madam President. Thank you.
11 ACTING PRESIDENT PERSAUD: Senator
12 Rivera to be recorded in the affirmative.
13 Senator Cleare to explain her vote.
14 SENATOR CLEARE: Thank you,
15 Madam President.
16 I rise to just thank Senator Bailey
17 for this bill that he brings forth today.
18 Violence interrupters are very
19 important in our communities. And as
20 Senator Rivera said, they stop violence even
21 before it begins, and sometimes limit the amount
22 of violence that does occur in our communities
23 when there is a violent event, and stop acts of
24 retaliation. They are able to talk to people in
25 the community and make sure that we don't have
3765
1 more than we already have.
2 And I think it is proper that we
3 make sure that there is funding available for
4 this. There are many underlying causes to the
5 violence that's happening in our communities, and
6 it's so important that people who understand that
7 and who are able to talk to people in the
8 community are there to help prevent it.
9 So I proudly vote aye for this
10 legislation. And thank you again,
11 Senator Bailey.
12 ACTING PRESIDENT PERSAUD: Senator
13 Cleare to be recorded in the affirmative.
14 Senator Kennedy to explain his vote.
15 SENATOR KENNEDY: Thank you,
16 Madam President.
17 First let me thank my colleague
18 Senator Bailey for this visionary piece of
19 legislation that will codify Operation SNUG into
20 law here in New York State and will make sure
21 it's funded appropriately.
22 We all knows SNUG is "guns" spelled
23 backwards. And from its inception, this
24 remarkable initiative has been saving lives
25 throughout the great State of New York,
3766
1 particularly in urban communities that have been
2 ravaged by gun violence.
3 Back in 2011, my first year here in
4 the Senate, there was a movement by then the
5 ruling majority to take money away from SNUG.
6 And we all had to stand up and fight back to make
7 sure that our communities were represented and
8 this important life-saving initiative actually
9 stayed in place.
10 Because of Senator Bailey's efforts
11 and this Democratic Conference, under the
12 leadership of Majority Leader Andrea
13 Stewart-Cousins, that will never be allowed to
14 happen again. This life-saving measure is in
15 place in perpetuity, and I'm proud not only to
16 have fought for it in the past, but to support
17 this today and will be there in the future.
18 With that, Madam President, I vote
19 aye.
20 ACTING PRESIDENT PERSAUD: Senator
21 Kennedy to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 672, voting in the negative:
25 Senator Walczyk.
3767
1 Ayes, 57. Nays, 1.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 686, Senate Print 1683, by Senator Hinchey, an
6 act to amend the Public Health Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: Ayes, 58.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 692, Senate Print 2824, by Senator Lanza, an act
21 to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3768
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 705, Senate Print 2463A, by Senator Persaud, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT BAILEY: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BAILEY: Announce
21 the results.
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3769
1 706, Senate Print 3608A, by Senator Webb, an act
2 to amend the Public Health Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day after it
7 shall have become a law.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Senator
12 Webb to explain her vote.
13 SENATOR WEBB: Thank you,
14 Mr. President. I rise to explain my vote.
15 This legislation requires that
16 parents or guardians of newborns be required to
17 view a short video presentation, which would be
18 approved by the Department of Health
19 commissioner, on the dangers of drowning for
20 infants and young children.
21 This legislation is very important
22 because as you think about becoming a parent, as
23 a new parent, and the responsibilities, the
24 multiple responsibilities you have in caring for
25 your children, it's really important that we as a
3770
1 state continue to put resources in place to allow
2 our parents to be successful.
3 And so this legislation just lifts
4 up that new parents are already required to watch
5 an approximately eight-minute video presentation
6 on the dangers of shaking infants and young
7 children prior to leaving the hospital. This
8 bill would add a short video on drowning to help
9 equip parents with all the tools they need to
10 care for their children.
11 According to the CDC, drowning can
12 happen quickly and quietly anywhere where there
13 is water, especially to unsupervised children.
14 This includes lakes, oceans, pools, bathtubs,
15 even buckets of water.
16 Drowning is the top cause of
17 accidental death of children under the age of
18 five, with toddlers who are between 12 and
19 36 months of age at the highest risk.
20 According to the New York Water
21 Safety Coalition, for every child who dies from
22 drowning, another eight receive emergency
23 department care for nonfatal drowning. Nonfatal
24 drowning can result in serious health outcomes,
25 including very serious injuries such as brain
3771
1 damage or permanent disability.
2 Again, it is critical that we ensure
3 that new parents have access to education on the
4 dangers of drowning that can occur by leaving a
5 toddler unattended in or even near 2 inches of
6 water. I vote aye, and I encourage my colleagues
7 to do the same.
8 Thank you.
9 ACTING PRESIDENT BAILEY: Senator
10 Webb to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 58.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 708, Assembly Print Number 2798, by
17 Assemblymember Hevesi, an act in relation to a
18 study of the number of children in foster care
19 who have a developmental disability.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
3772
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 709, Senate Print 214A, by Senator Myrie, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect one year after it shall
14 have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Myrie to explain his vote.
20 SENATOR MYRIE: Thank you,
21 Mr. President.
22 And let me first start by thanking
23 many of my colleagues on both sides of the aisle.
24 As many of you know, two weeks ago my grandfather
25 passed away, and many of you have expressed your
3773
1 condolences, and so I wanted to publicly thank
2 all of you for that.
3 And the reason I'm thinking about my
4 grandfather is because of the pain and the
5 anguish that accompanies losing someone that you
6 love. Many people have to feel this on a daily
7 basis. My grandfather was suffering from some
8 health challenges, but we also have victims and
9 survivors of gun violence, domestic violence,
10 sexual violence, that have to deal with this pain
11 and anguish as well.
12 And for too long in this state, if
13 you were a victim or a survivor looking to get
14 compensation from the state, compensation that
15 you are entitled to, if you are Black or brown or
16 a member of the LGBTQI community, or a woman, in
17 many cases, you were much less likely to get this
18 compensation from the state because of the
19 hurdles that we've put in front of individuals.
20 The requirement that you interact
21 with law enforcement, the short amount of time
22 you have to report, and the lack of assistance
23 that you got from the state, served as a hurdle
24 for too many. And no one going through pain,
25 going through anguish -- anyone who is a survivor
3774
1 of a crime should be entitled to that
2 compensation, no matter their zip code, no matter
3 what they look like.
4 So I'm so proud that we have been
5 able to get this bill across the finish line. I
6 want to thank our Corrections chair, Senator
7 Salazar, our corrections counsel, Adriele
8 Douglas, many people on my staff, and most
9 importantly the impacted individuals who fought
10 for this bill almost on a daily basis for two
11 years to get us to where we are today.
12 So, Mr. President, I will be voting
13 proudly in the affirmative and encourage all of
14 my colleagues to do the same.
15 Thank you.
16 ACTING PRESIDENT BAILEY: Senator
17 Myrie to be recorded in the affirmative.
18 Senator Rolison to explain his vote.
19 SENATOR ROLISON: Thank you,
20 Mr. President.
21 And I want to thank my colleague
22 Senator Myrie for staying the course. It took
23 two years; it's now getting done.
24 I can tell you in the evolution of
25 crime victim services, I saw that firsthand,
3775
1 becoming a police officer in 1982 when there
2 really wasn't much. Locally, counties through
3 various departments got involved, nonprofit
4 groups. It always seemed to me that in the early
5 days of services, the state lagged behind. I
6 heard that from victims, I heard that from other
7 service providers.
8 And it's good to see that that has
9 changed over the years, and this obviously goes
10 to help that along. Because, you know, one of
11 the provisions in the bill is the time frame.
12 And if you're a victim of crime, there is no time
13 frame. You are the victim when you're
14 victimized, and you're a victim a year later,
15 three years later, or 10 years later, depending
16 on the severity of crime.
17 It's often said, and I believe this,
18 that being the victim of a crime can be one of
19 the loneliest places that you could be. And it's
20 difficult sometimes for yourself personally, as
21 you alluded to, Senator Myrie, on accessing
22 services, knowing where to go. Being frustrated,
23 you give up.
24 We have a responsibility in
25 government when it comes to public safety, when
3776
1 it comes to helping others, that we don't give
2 up. That we do what we can so when someone goes
3 someplace or makes that call, that call is
4 answered and they get the services, they can get
5 in the right direction, because that takes a long
6 time too.
7 So again, thank you, Senator Myrie,
8 and all the other sponsors of the bill, and I
9 proudly vote aye.
10 Mr. President, thank you.
11 ACTING PRESIDENT BAILEY: Senator
12 Rolison to be recorded in the affirmative.
13 Senator Weber to explain his vote.
14 SENATOR WEBER: Thank you,
15 Mr. Speaker.
16 I would also like to thank my
17 colleague Senator Myrie for introducing this very
18 important legislation. You know, we've -- my
19 office has heard from many crime victims, we've
20 heard from many advocacy groups about the need
21 for this important legislation. So I applaud
22 your resilience to really get this across the
23 finish line.
24 I'm -- I was extremely happy to add
25 my name as a cosponsor, and I proudly vote aye.
3777
1 ACTING PRESIDENT BAILEY: Senator
2 Weber to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 713, Senate Print 5502, by Senator
9 Scarcella-Spanton, an act to amend the
10 Executive Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Senator
20 Scarcella-Spanton to explain her vote.
21 SENATOR SCARCELLA-SPANTON: Thank
22 you, Mr. President.
23 I rise today to thank everybody for
24 helping get this bill passed. It's so important
25 that when someone is a victim of a crime, that
3778
1 they have their rights explained to them.
2 And this is what this legislation seeks to do,
3 making sure that the sentencing judge or a
4 district attorney provides the rights of a victim
5 to that victim.
6 Being a victim of a crime is already
7 overwhelming, so they shouldn't have to seek out
8 what they're entitled to, what kind of rights
9 they have. So this is just one way that we can
10 alleviate that burden, and I proudly vote aye.
11 Thank you, everyone.
12 ACTING PRESIDENT BAILEY: Senator
13 Scarcella-Spanton to be recorded in the
14 affirmative.
15 Senator Murray to explain his vote.
16 SENATOR MURRAY: Thank you,
17 Mr. President.
18 I too would like to thank the
19 sponsor for bringing this forward.
20 I was recently at a candlelight
21 vigil for parents and other survivors of murder
22 victims, and the organizer actually brought up
23 the informational pamphlets in speaking to some
24 of the other family members and loved ones, and
25 brought up the importance of it.
3779
1 But the question arose among
2 everyone speaking, are they still doing this?
3 Who gets this information? Is it even available?
4 So passing this bill is extremely
5 important because, as has been mentioned before,
6 in that time you're not thinking clearly, you're
7 struggling, you're in pain, you need help, you
8 need guidance. And providing this information
9 will help those to put them in the right
10 direction.
11 So I proudly support this and thank
12 the sponsor for bringing it forward.
13 ACTING PRESIDENT BAILEY: Senator
14 Murray to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 58.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 Senator Gianaris, that completes the
20 reading of today's calendar.
21 SENATOR GIANARIS: On to the
22 controversial calendar, please.
23 ACTING PRESIDENT BAILEY: The
24 Secretary will ring the bell.
25 The Secretary will read.
3780
1 THE SECRETARY: Calendar Number
2 567, Senate Print 4686, by Senator Parker, an act
3 to amend the Criminal Procedure Law.
4 ACTING PRESIDENT BAILEY: Senator
5 Lanza, why do you rise?
6 SENATOR LANZA: Mr. President, I
7 rise because I believe there's an amendment at
8 the desk. And I waive the reading of that
9 amendment and ask that you call on
10 Senator Martins.
11 ACTING PRESIDENT BAILEY: Thank
12 you, Senator Lanza.
13 Upon review of the amendment, in
14 accordance with Rule 6, Section 4B, I rule it
15 nongermane and out of order at this time.
16 SENATOR LANZA: Accordingly,
17 Mr. President, I appeal the ruling of the chair
18 and ask that you recognize Senator Martins to be
19 heard on the appeal.
20 ACTING PRESIDENT BAILEY: The
21 appeal has been made and recognized, and Senator
22 Martins may be heard.
23 SENATOR MARTINS: Thank you,
24 Mr. President. I rise to appeal the ruling of
25 the chair.
3781
1 Mr. President, the proposed
2 amendment is germane to the bill at hand because
3 the bill at hand is about protecting domestic
4 violence victims and the proposed amendment would
5 protect domestic violence victims by authorizing
6 judges to set bail on crimes that have been
7 committed against members of the same family or
8 household.
9 Bail reform has had a disastrous
10 impact on domestic violence victims and continues
11 to imperil those vulnerable individuals.
12 Mr. President, we all know that when someone
13 calls and reports a domestic violence incident,
14 it's one of the most difficult calls I would
15 imagine. We just heard from Senator Rolison that
16 one of the loneliest places in the world is as
17 the victim of a crime. Perhaps no more lonely
18 than when that crime has been perpetrated by a
19 member of a household, by a family member, by a
20 loved one.
21 Prior to bail reform, judges could
22 set bail on offenders charged with any domestic
23 violence-related offense. Now our laws handcuff
24 our judges, preventing them from setting bail on
25 many serious and inherently violent offenses.
3782
1 Those include assault in the third degree,
2 Mr. President, when someone causes physical
3 injury to another person. Menacing in the second
4 degree, when someone threatens another person
5 with a weapon.
6 Most stalking offenses, including
7 stalking someone while displaying or possessing a
8 gun or other weapon.
9 False imprisonment in the second
10 degree, unlawfully restraining another person.
11 Aggravated family offense, when someone commits a
12 specific misdemeanor family offense against a
13 member of the same household and was convicted of
14 one or more specified offenses within the
15 preceding five years.
16 Now, we're all, I think, on the same
17 page that when someone calls for help, we want to
18 make sure they get that help. I think we also
19 need to be on the same page that when someone is
20 arrested, that's not an easy decision for that
21 person who's pressing charges. The last thing we
22 should want is for that person to return home to
23 the very people and the very person that they
24 just victimized. And allowing a judge to set
25 bail or to hold someone and to incarcerate them
3783
1 and have the discretion by setting a dangerous
2 standard and allowing that to be part of any
3 review of a domestic violence offense, I think
4 makes sense and certainly is germane to the
5 underlying bill.
6 The underlying bill, Mr. President,
7 speaks to the fact that family offenses are
8 typically the most emotionally charged situations
9 a police officer can find themselves in -- the
10 most emotionally charged situations a police
11 officer can find themselves in. Well, that's the
12 point. You know why? It's personal. It's
13 personal because there's someone who's living
14 with you in the household who assaulted you, and
15 you deserve to have the ability to make sure that
16 that person doesn't reside in your home and isn't
17 returned to your home so that they can actually
18 continue to do just that.
19 So yes, Mr. President, I believe
20 that this amendment is germane.
21 Lastly, Mr. President, I think we
22 can all agree that domestic violence victims are
23 among the most vulnerable in our society. We all
24 agree to that. And we have to do more to protect
25 them. In order to provide them with the
3784
1 protections that they need, we must give judges
2 the discretion they need to set bail on all
3 crimes of domestic violence.
4 And that's why, Mr. President, I
5 believe this amendment is not only germane --
6 frankly, it's an opportunity for people in
7 this house to understand that if we want to stand
8 up for victims of domestic violence, this is an
9 opportunity for us to do so today with this bill.
10 So, Mr. President, for those reasons
11 I appeal the ruling of the chair.
12 ACTING PRESIDENT BAILEY: Thank
13 you, Senator Martins.
14 I want to remind the house that this
15 vote is on the procedures of the house and the
16 ruling of the chair.
17 Those in favor of overruling the
18 chair please signify by saying aye.
19 (Response of "Aye.")
20 SENATOR LANZA: Request a show of
21 hands.
22 ACTING PRESIDENT BAILEY: A show of
23 hands has been requested and so ordered.
24 Announce the results.
25 THE SECRETARY: Ayes, 20.
3785
1 ACTING PRESIDENT BAILEY: The
2 ruling of the chair stands, and the bill-in-chief
3 is before the house.
4 Senator Gianaris.
5 SENATOR GIANARIS: Mr. President,
6 we've agreed to restore this bill to the
7 noncontroversial calendar.
8 ACTING PRESIDENT BAILEY: The bill
9 will be restored to the noncontroversial
10 calendar.
11 Read the last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the first of January.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BAILEY: The bill
21 is passed.
22 Senator Gianaris.
23 SENATOR GIANARIS: Is there any
24 further business at the desk?
25 ACTING PRESIDENT BAILEY: There is
3786
1 no further business at the desk.
2 SENATOR GIANARIS: Move to adjourn
3 until tomorrow, Wednesday, May 10th, at
4 11:00 a.m.
5 ACTING PRESIDENT BAILEY: On
6 motion, the Senate stands adjourned until
7 Wednesday, May 10th, at 11:00 a.m.
8 (Whereupon, at 4:01 p.m., the Senate
9 adjourned.)
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