Regular Session - February 5, 2019

                                                                   946

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 5, 2019

11                     11:41 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               947

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                THE PRESIDENT:   In the absence of 

 9   clergy, I ask that everyone bow their head for a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                THE PRESIDENT:   Reading of the 

14   Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   February 4, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, February 3, 

18   2019, was read and approved.  On motion, Senate 

19   adjourned.

20                THE PRESIDENT:   Without objection, 

21   the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.  

25                THE SECRETARY:   On page 10, 


                                                               948

 1   Senator Kaminsky moves to discharge, from the 

 2   Committee on Environmental Conservation, 

 3   Assembly Bill Number 2572 and substitute it for 

 4   the identical Senate Bill 2316, Third Reading 

 5   Calendar 76.

 6                THE PRESIDENT:   The substitution is 

 7   so ordered.

 8                The Secretary will read.  

 9                THE SECRETARY:   On page 10, 

10   Senator Kaminsky moves to discharge, from the 

11   Committee on Environmental Conservation, 

12   Assembly Bill Number 2571 and substitute it for 

13   the identical Senate Bill 2317, Third Reading 

14   Calendar 77.

15                THE PRESIDENT:   The substitution is 

16   so ordered.

17                Messages from the Governor.

18                Reports of standing committees.

19                Reports of select committees.

20                Communications and reports from 

21   state officers.

22                Motions and resolutions.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Thank you, 

25   Madam President.  I now move to adopt the 


                                                               949

 1   Resolution Calendar, with the exception of 

 2   Resolutions 364 and 367.

 3                THE PRESIDENT:   All in favor of 

 4   adopting the Resolution Calendar, with the 

 5   exception of Resolutions 364 and 367, please 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                THE PRESIDENT:   Opposed?  

 9                (No response.)

10                THE PRESIDENT:   The Resolution 

11   Calendar is adopted.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Madam President, 

14   can we now take up the noncontroversial reading 

15   of the calendar.

16                THE PRESIDENT:   The Secretary will 

17   read.

18                THE SECRETARY:   Calendar Number 56, 

19   by Senator Hoylman, Senate Print 2377, an act to 

20   amend the Public Health Law.

21                SENATOR GRIFFO:   Lay it aside.

22                THE PRESIDENT:   Lay it aside.

23                THE SECRETARY:   Calendar Number 58, 

24   by Senator Hoylman, Senate Print 300, an act to 

25   amend the Estates, Powers and Trusts Law.


                                                               950

 1                THE PRESIDENT:   Read the last 

 2   section.

 3                THE SECRETARY:   Section 7.  This 

 4   act shall take effect immediately.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE PRESIDENT:   Announce the 

 8   results.

 9                THE SECRETARY:   Ayes, 55.

10                THE PRESIDENT:   The bill is passed.

11                THE SECRETARY:   Calendar Number 76, 

12   substituted earlier by Assemblymember 

13   Englebright, Assembly Print 2572, an act to amend 

14   the Environmental Conservation Law.

15                THE PRESIDENT:   Read the last 

16   section.

17                THE SECRETARY:   Section 7.  This 

18   act shall take effect immediately.

19                THE PRESIDENT:   Call the roll.

20                (The Secretary called the roll.)

21                THE PRESIDENT:   Senator Kaminsky to 

22   explain your vote.

23                SENATOR KAMINSKY:   Thank you very 

24   much.  

25                Madam President, I appreciate the 


                                                               951

 1   body taking up this bill.  It's very important 

 2   for New York's coastline, especially on 

 3   Long Island.  The fact that the federal 

 4   government opened up the Atlantic coastline to 

 5   oil drilling I think is a real step backward and 

 6   could create an ecological disaster, not to 

 7   mention affect Long Island's economy, as tourism 

 8   is its number-one industry.

 9                But even more important, we should 

10   be moving forward with our energy needs and 

11   trying to combat global warming head-on.  This 

12   would be a step in the wrong direction.  The 

13   people that I represent certainly don't want this 

14   and see this as a major harm, and I'm glad we 

15   could finally come together to prohibit offshore 

16   drilling.  It's something that could devastate 

17   Long Island and something today we stand up 

18   against.  

19                Thank you to my colleagues.  I vote 

20   aye.

21                THE PRESIDENT:   Senator Kaminsky to 

22   be recorded in the affirmative.

23                Senator Kavanagh to explain your 

24   vote.

25                SENATOR KAVANAGH:   Thank you, 


                                                               952

 1   Madam President.  

 2                Just briefly, I just rise to commend 

 3   our sponsor, our great new chair of the 

 4   Environmental Conservation Committee, for 

 5   bringing this bill forward and getting it enacted 

 6   so early in the session.  

 7                I represent a lot of our waterfront 

 8   communities and all of New York Harbor.  A lot of 

 9   the oil and gas infrastructure that would become 

10   necessary were the federal government to move 

11   forward with its plans to have extensive offshore 

12   drilling would flow through those areas and would 

13   pose, as the sponsor mentioned, ecological 

14   dangers to all of our waterways.  

15                Moreover, this is part of a broader 

16   effort for states across the country to take back 

17   their waterways, to ensure that we're not just 

18   permitting the federal government to dictate what 

19   happens on our shores and in our waterways.  

20                It's a terrific bill, and I'm very 

21   proud to support it today.

22                THE PRESIDENT:   Senator Kavanagh to 

23   be recorded in the affirmative.

24                Senator Hoylman to explain your 

25   vote.


                                                               953

 1                SENATOR HOYLMAN:   Thank you, 

 2   Madam President.  

 3                I rise also to commend the sponsor 

 4   and the entire Long Island delegation for making 

 5   this a priority so early in the session, to 

 6   protect not just Long Island's waterways and 

 7   coastal areas but New York's.  And that's why I'm 

 8   so proud of our chamber today for taking that 

 9   very aggressive step forward.  

10                This weekend we had a press 

11   conference out on Long Beach with 

12   Senator Kaminsky, and I brought my one-year-old 

13   daughter.  And as I stood there, I looked at the 

14   beautiful glistening waters and really felt a 

15   sense of awe that we today are preserving that 

16   coastline for her and future generations.

17                So in the words of County Supervisor 

18   Laura Curran, who was at the press event, she 

19   said "Not drill, baby, drill, but krill, baby, 

20   krill."  

21                Thank you, Madam President.  I vote 

22   aye.

23                THE PRESIDENT:   Senator Hoylman to 

24   be recorded in the affirmative.

25                Senator May to explain your vote.


                                                               954

 1                SENATOR MAY:   Thank you, 

 2   Madam President.  

 3                I also want to congratulate 

 4   Senator Kaminsky on this legislation and to say 

 5   even though I live far from Long Island, this 

 6   bill is important to me and to our children and 

 7   our grandchildren, because the last thing we need 

 8   to be doing is doubling down on more fossil fuel 

 9   drilling.  

10                And quite apart from the real risks 

11   of pollution to the coastline, this is pollution 

12   to our entire global ecosystem that we cannot 

13   afford and we must not continue doubling down on.  

14                So thank you, Senator Kaminsky, for 

15   this bill.  And I vote aye.

16                THE PRESIDENT:   Senator May to be 

17   recorded in the affirmative.

18                Senator Metzger to explain your 

19   vote.

20                SENATOR METZGER:   Yes, thank you, 

21   Madam President.  

22                I want to thank Senator Kaminsky for 

23   championing this legislation.  As someone who has 

24   been fighting the unnecessary and harmful fossil 

25   fuel infrastructure for many years, I am really 


                                                               955

 1   happy to see this happen, especially in the 

 2   climate that we're facing nationally.  

 3                I just want to say that I'm looking 

 4   forward in working with all of my colleagues in 

 5   this room to accelerating the shift to a clean 

 6   energy economy, because we have to be using less 

 7   of this stuff and reduce our reliance on fossil 

 8   fuels and taking away the need for any 

 9   infrastructure whatsoever.  

10                So thank you very much.

11                THE PRESIDENT:   Senator Metzger to 

12   be recorded in the affirmative.

13                Senator Kaplan to explain your vote.

14                SENATOR KAPLAN:   I want to thank 

15   Senator Kaminsky for bringing up this bill.  

16                Our waterways and beaches are some 

17   of our most important natural assets.  They 

18   attract millions of visitors to the region each 

19   year, driving significant economic activity.  And 

20   they also support the unique way of life that 

21   attracted so many of us to raise our families in 

22   Long Island.  If we were to allow oil and gas 

23   drilling offshore, we would be putting it at 

24   risk, and so many of the things that make 

25   Long Island special.  


                                                               956

 1                I'm standing here today to say that 

 2   I'm not willing to take that risk, and that's why 

 3   I proudly cosponsor this legislation and vote in 

 4   the affirmative so that our communities aren't 

 5   put in harm's way.

 6                Thank you.

 7                THE PRESIDENT:   Senator Kaplan to 

 8   be recorded in the affirmative.

 9                Senator Thomas to explain your vote.

10                SENATOR THOMAS:   Thank you, 

11   Madam President.  

12                Thank you, Senator Kaminsky, for 

13   sponsoring this bill, because we need to protect 

14   Long Island's coast.  The Atlantic coast has been 

15   off-limits to offshore drilling since 1981, but 

16   President Trump now wants to reverse that.  He 

17   wants to expand offshore drilling to more than 90 

18   percent of the waters in the Atlantic.  

19                Opening up Long Island's coast to 

20   offshore drilling would spoil the coast with 

21   spills and industrial development.  It will also 

22   hurt the local industries, like fishing and 

23   tourism.  

24                Let me remind of you what happened 

25   in the Gulf of Mexico with the BP Deep Water 


                                                               957

 1   Horizon.  The spill released millions of barrels 

 2   of oil to the Gulf over 87 days, from April 20th 

 3   to July 15, 2010.  Some of the oil was recovered, 

 4   burned, or dispersed at sea, while some washed up 

 5   on the shorelines of Louisiana, Alabama, 

 6   Mississippi, Florida, and Texas.  It is 

 7   considered to be the largest marine oil spill in 

 8   history.  

 9                I do not want what took place in the 

10   Gulf of Mexico happening here on Long Island.  I 

11   vote yes on this bill.  

12                THE PRESIDENT:   Senator Thomas to 

13   be recorded in the affirmative.

14                Senator Gaughran to explain your 

15   vote.

16                SENATOR GAUGHRAN:   Thank you, 

17   Madam President.  

18                This issue does not just impact the 

19   shore of the Atlantic Ocean, which is something 

20   that we all need to preserve.  If there were ever 

21   a catastrophic event that would be leaking oil, 

22   this impacts the entire ecosystem of Long Island, 

23   including the Long Island Sound that I represent 

24   communities that border on it.  And it would 

25   really be a natural disaster for all of 


                                                               958

 1   Long Island.  

 2                So I vote aye.

 3                THE PRESIDENT:   Senator Gaughran to 

 4   be recorded in the affirmative.

 5                Senator LaValle to explain your 

 6   vote.

 7                SENATOR LaVALLE:   Thank you, 

 8   Madam President.  

 9                This is a great bill.  This is a 

10   bill that I once sponsored, and I'm a cosponsor.

11                Our resources, whether it be land or 

12   the water, are just precious.  The fish, the 

13   plant life, precious.  And we need to protect 

14   them.  All it takes is one mishap and we have 

15   spoiled our precious, precious resources.

16                So I vote in the affirmative.

17                THE PRESIDENT:   Senator LaValle to 

18   be recorded in the affirmative.

19                Any other Senators wish to explain 

20   their vote?  

21                Senator Akshar to explain your vote.

22                SENATOR AKSHAR:   Madam President, 

23   thank you very much.  

24                Actually I think it's the height of 

25   hypocrisy, this particular bill.  How many people 


                                                               959

 1   heat their homes and their hot water with natural 

 2   gas?  

 3                I'm pleased that we're protecting 

 4   the coast of Long Island; I'm not suggesting for 

 5   a moment that we shouldn't be doing that.  You 

 6   know, plates on our desks made of petroleum 

 7   products, the list goes on and on.  Water bottles 

 8   made out of petroleum products.  

 9                Here's what I would ask the sponsor, 

10   to put as much effort into protecting upstate 

11   forests as we are the Long Island coasts.  

12   Because the upstate forests in the district that 

13   I represent and so many others, are being 

14   decimated by these ridiculous 600-foot windmills 

15   which we're sending power downstate to.  

16                So, Madam President, I'm proudly 

17   voting no on the bill today.  Thank you.

18                THE PRESIDENT:   Senator Akshar to 

19   be recorded in the negative.

20                Senator Sanders to explain your 

21   vote.

22                SENATOR SANDERS:   Thank you, 

23   Madam President.  

24                Just as we should protect the 

25   upstate, we have to protect the downstate.  And 


                                                               960

 1   I'm sure that a bill is going to be coming out to 

 2   protect the upstate, and I look forward to voting 

 3   yes on protecting upstate as I am voting yes on 

 4   protecting the shores of Long Island, which I 

 5   share.

 6                Thank you, Madam President.

 7                THE PRESIDENT:   Senator Sanders to 

 8   be recorded in the affirmative.

 9                Senator Helming to explain your 

10   vote.

11                SENATOR HELMING:   Thank you, 

12   Madam President.  

13                I agree with much of what's been 

14   said today on the floor, that we need to do all 

15   that we can to protect our natural resources.  As 

16   someone who represents a district that includes 

17   four of the Finger Lakes, a large portion of 

18   Lake Ontario, and of course more miles of the 

19   New York State Canal, water is especially 

20   important to me, the protection of the water 

21   quality.  It's why I got involved in politics way 

22   back in the '90s.  

23                But to add on to what Senator Akshar 

24   said, we all control our own actions.  So I watch 

25   Senators, even today, go into the Senate lounge, 


                                                               961

 1   pick up your food on plates that are produced 

 2   using petroleum products.  To use the plastic 

 3   water bottles that were in there.  

 4                You know, it doesn't take a law to 

 5   change that.  We can all change our own actions.  

 6   I vote aye on this, but I ask that we all look at 

 7   our daily lives and what we're doing and make the 

 8   changes that we can.

 9                Thank you.

10                THE PRESIDENT:   Senator Helming to 

11   be recorded in the affirmative.

12                Any other Senators?  

13                Announce the results.

14                THE SECRETARY:   Those recorded in 

15   the negative on Calendar 76 are Senators Akshar, 

16   Amedore, Antonacci, Flanagan, Funke, Gallivan, 

17   Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, Seward 

18   Tedisco and Young.

19                Ayes, 47.  Nays, 14.

20                THE PRESIDENT:   The bill is passed.

21                THE SECRETARY:   Calendar Number 77, 

22   substituted earlier by Assemblymember 

23   Englebright, Assembly Print 2571, an act to amend 

24   the Environmental Conservation Law.

25                THE PRESIDENT:   Read the last 


                                                               962

 1   section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                THE PRESIDENT:   Call the roll.

 5                (The Secretary called the roll.)

 6                THE PRESIDENT:   Seeing and hearing 

 7   no other Senator that wishes to explain their 

 8   vote, Senator Kaminsky to close.  

 9                Senator Addabbo to explain your 

10   vote.  

11                SENATOR ADDABBO:   Thank you, 

12   Madam President.

13                I am supportive of this bill, and I 

14   want to thank its sponsor, Senator Kaminsky, for 

15   protecting the Atlantic menhaden.  You know, my 

16   areas of Howard Beach, Broad Channel and Rockaway 

17   have witnessed the benefit of protecting this 

18   fish species in terms of protecting Jamaica Bay.  

19                You know, by prohibiting large 

20   vessels, vacuum ships that come from out of state 

21   to decrease the population of this fish -- this 

22   bill would prohibit those vessels and actually 

23   protect the population of the menhaden, which 

24   would help local fishermen and those who are in 

25   the business of fishing, but also just the other 


                                                               963

 1   marine life that feeds off the menhaden.  

 2                So for this environmental reason, I 

 3   do appreciate this bill.  I think it's a great 

 4   bill.  And that's why I'll be supportive.

 5                Thank you, Madam President.  Thank 

 6   you, Senator Kaminsky.

 7                THE PRESIDENT:   Senator Addabbo to 

 8   be recorded in the affirmative.  

 9                Senator Boyle to explain your vote.

10                SENATOR BOYLE:   Madam President, I 

11   too would like to thank the sponsor of this 

12   legislation protecting our menhaden population.  

13   For too long New York State has been treated 

14   unfairly protecting this important species.  

15                And also I'd like to congratulate 

16   Senator Kaminsky on becoming the new legislative 

17   commissioner to the Atlantic States Marine 

18   Fishery Commission.  I had this position for the 

19   last six years, and now you get to listen to 

20   scientists talk about biomass on end.  

21                Thank you.  I vote in favor.

22                THE PRESIDENT:   Senator Boyle to be 

23   recorded in the affirmative.

24                Seeing and hearing no other Senators 

25   that wish to be heard, Senator Kaminsky to close.


                                                               964

 1                SENATOR KAMINSKY:   Thank you very 

 2   much, Madam President.  

 3                Thanksgiving 2017 I woke up, looked 

 4   out my window and saw a horde of people on the 

 5   boardwalk in pretty cold weather in Long Beach 

 6   and didn't know what was going on.  There was no 

 7   surf competition.  Maybe someone got hurt, God 

 8   forbid.  And I ran out on the boardwalk, and 

 9   there were whales everywhere.  Schools of whales 

10   coming out of the water -- I don't know if whales 

11   are schools, maybe they're pods.  But there were 

12   a lot of whales.  

13                And the whales were coming out of 

14   the water, fully breaching.  It was an amazing 

15   sight to see.  And that's when I first learned 

16   about menhaden, the bunker fish that have come 

17   back to life in the area after being overfished 

18   and have attracted tons of marine life back into 

19   the area.  

20                And I want to thank Senator LaValle 

21   for championing this issue in the past and now.  

22   And this is something in a bipartisan way we can 

23   both come together to do.  Out-of-state fishermen 

24   are coming up with vacuum ships, they're throwing 

25   nets in the water, sucking the fish up -- very 


                                                               965

 1   important fish in the ecosystem, not just for our 

 2   own enjoyment of watching whales, but certainly 

 3   for the entire ocean ecosystem.  

 4                So to step up today and do this I 

 5   think is wonderful, and preserving our Atlantic 

 6   Ocean ecosystem should be a top priority.  I vote 

 7   aye, and with my reusable water bottle, I will 

 8   sit down.  Thank you.  

 9                (Laughter.)

10                THE PRESIDENT:   Announce the 

11   results.

12                THE SECRETARY:   Ayes, 61.

13                THE PRESIDENT:   The bill is passed.

14                THE SECRETARY:   Calendar Number 79, 

15   by Senator Martinez, Senate Print 2410, an act to 

16   amend the Environmental Conservation Law.

17                SENATOR GIANARIS:   Lay it aside for 

18   the day, please.

19                THE PRESIDENT:   The bill is laid 

20   aside for the day.

21                THE SECRETARY:   Calendar Number 80, 

22   by Senator Brooks, Senate Print 2411, an act to 

23   amend Chapter 464 of the Laws of 2016.

24                THE PRESIDENT:   Read the last 

25   section.


                                                               966

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                THE PRESIDENT:   Call the roll.

 4                (The Secretary called the roll.)

 5                THE PRESIDENT:   Announce the 

 6   results.

 7                THE SECRETARY:   Ayes, 61.

 8                THE PRESIDENT:   The bill is passed.

 9                Senator Gianaris, that completes the 

10   noncontroversial reading of today's calendar.

11                SENATOR GIANARIS:   Thank you, 

12   Madam President.  

13                Can we now take up the controversial 

14   reading of the calendar, please.

15                THE PRESIDENT:   The Secretary will 

16   ring the bell.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 56, 

19   by Senator Hoylman, Senate Print 2377, an act to 

20   amend the Public Health Law.

21                THE PRESIDENT:   Senator Griffo, why 

22   do you rise?

23                SENATOR GRIFFO:   Madam President, I 

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

25   waive the reading of that amendment and ask that 


                                                               967

 1   you call upon Senator Young to be heard.

 2                THE PRESIDENT:   Thank you, Senator 

 3   Griffo.

 4                Upon review of the amendment, in 

 5   accordance with Rule 6, Section 4B, I rule it is 

 6   nongermane and out of order at this time.

 7                SENATOR GRIFFO:   Madam President, I 

 8   appeal the ruling of the chair and I ask that 

 9   Senator Young be heard on the appeal.

10                THE PRESIDENT:   The appeal has been 

11   made and recognized, and Senator Young may be 

12   heard.

13                SENATOR YOUNG:   Thank you, 

14   Madam President.

15                This amendment is germane because 

16   the bill before the house amends Public Health 

17   Law to include additional topics of information 

18   to be provided to certain individuals, while the 

19   next section of the bill amends Correction Law to 

20   include additional data that is to be collected, 

21   maintained, and analyzed statistically.  

22                The bill before the house clearly 

23   highlights the importance of collecting and 

24   maintaining data which can provide important 

25   information on which to base future decisions.  


                                                               968

 1                The amendment also highlights the 

 2   importance of collecting and maintaining records 

 3   by requiring medical records to be kept and 

 4   requiring compliance with vital statistics 

 5   requirements.

 6                Madam President -- Mr. President, 

 7   sorry about that -- this body recently passed the 

 8   Reproductive Health Act, which eliminated medical 

 9   record keeping and data collection in certain 

10   situations.  Now there is no way to know the 

11   impact or effect of passing the Reproductive 

12   Health Act.  This amendment will restore the 

13   recordkeeping data and data collection 

14   requirements in the Public Health Law.

15                And I'd like to remind the members 

16   that no longer do we keep information because of 

17   the RHA on maternal health, on pregnancies, on 

18   births and on abortions.

19                Medical recordkeeping and reporting 

20   has always been crucial to and continues to be 

21   important to public health.  That is why you are 

22   updating the Public Health Law today.

23                We must restore the section of 

24   public health removed by the RHA to protect 

25   women's health.


                                                               969

 1                Also this part of law specifically 

 2   requires that records be kept on all 

 3   life-sustaining efforts made if a baby is born 

 4   during an abortion.  It would be unconscionable 

 5   to cease collecting all of these records.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Thank 

 8   you, Senator.  

 9                I want to remind the house that the 

10   vote is on the procedures of the house and the 

11   ruling of the chair.  

12                Those in favor of overruling the 

13   chair signify by saying aye.

14                (Response of "Aye.")

15                SENATOR GRIFFO:   A show of hands, 

16   please.  

17                ACTING PRESIDENT BENJAMIN:   A show 

18   of hands has been requested and so ordered. 

19                (Show of hands.)

20                THE SECRETARY:   Ayes, 18.

21                ACTING PRESIDENT BENJAMIN:   The 

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

23   is before the house.

24                Are there any other Senators wishing 

25   to be heard?  


                                                               970

 1                Seeing and hearing none, the debate 

 2   is closed.  

 3                The Secretary will ring the bell.

 4                Senator Biaggi.

 5                SENATOR BIAGGI:   Thank you, 

 6   Mr. President.  

 7                On unanimous consent, please restore 

 8   this bill to the noncontroversial reading of the 

 9   calendar.

10                ACTING PRESIDENT BENJAMIN:   Without 

11   objection, so ordered.

12                Read the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 180th day after it 

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Those recorded in 

22   the negative on Calendar Number 56 are 

23   Senators Akshar, Antonacci, Gallivan, O'Mara, 

24   Ortt and Serino.  

25                Ayes, 55.  Nays, 6.


                                                               971

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                Senator Biaggi, that concludes the 

 4   noncontroversial reading of today's calendar.

 5                SENATOR BIAGGI:   Thank you, 

 6   Mr. President.  

 7                May we return to motions and 

 8   resolutions.

 9                ACTING PRESIDENT BENJAMIN:   Motions 

10   and resolutions.

11                SENATOR BIAGGI:   Thank you, 

12   Mr. President.  

13                May we return to Senator Kennedy for 

14   an introduction, please.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Kennedy.

17                SENATOR KENNEDY:   Thank you, 

18   Mr. President.  

19                I'd like to take a moment to 

20   recognize some Western New Yorkers who are very 

21   active in the community on foreclosure prevention 

22   issues who have made the trip to Albany today and 

23   have joined us in the gallery.  

24                From the Western New York Law 

25   Center, Kathryn Franco and Jordan Zeranti.  From 


                                                               972

 1   the Center for Elder Law and Justice, the CEO, 

 2   Karen Nicolson.  From the Legal Aid Bureau of 

 3   Buffalo, the deputy executive director, Paul 

 4   Curtin.  And from Belmont Housing Resources for 

 5   Western New York, Sandy Becker.  

 6                I would ask, Mr. President, that you 

 7   acknowledge their presence and give them all 

 8   privileges of the house.

 9                Thank you, and welcome.

10                ACTING PRESIDENT BENJAMIN:   We 

11   extend the privileges and courtesies of the house 

12   and welcome you to the chamber.  Thank you for 

13   being here.  We welcome your presence here in 

14   this house.  We extend all privileges of the 

15   chamber.  Thank you for coming.

16                Senator Biaggi.

17                SENATOR BIAGGI:   Thank you, 

18   Mr. President.  

19                May we also return to myself for an 

20   introduction.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Biaggi.  

23                SENATOR BIAGGI:   Thank you.  I 

24   would like to welcome, from my district, from 

25   P.S. 24 in Riverdale, Sloan Colbert, Rollins 


                                                               973

 1   Colbert, Samara Adam and Stella Adam, and also 

 2   their parents, who sit behind them in this 

 3   gallery.  

 4                They are here in Albany to learn 

 5   about the legislative process.  They were in the 

 6   Assembly earlier today, and now they're visiting 

 7   in the Senate.  And I'm very grateful that they 

 8   are visiting us.  

 9                And, Mr. President, I ask that all 

10   of the privileges and amenities of the house be 

11   offered to them.

12                ACTING PRESIDENT BENJAMIN:   We 

13   welcome you and extend all privileges of the 

14   house to you.  Thank you for being here.

15                SENATOR BIAGGI:   Thank you.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Biaggi.

18                SENATOR BIAGGI:   Yes, can you 

19   please call up Resolution Number 364, read that 

20   resolution in entirety, and recognize Senator 

21   Bailey to speak.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Senate Resolution 

25   Number 364, memorializing Governor Andrew M. 


                                                               974

 1   Cuomo to proclaim February 2019 as Black History 

 2   Month in the State of New York.

 3                "WHEREAS, Black History Month,  

 4   previously known as Negro History Week, was 

 5   founded by Dr. Carter G. Woodson, and was first 

 6   celebrated on February 1, 1926; since 1976, it 

 7   has become a nationally recognized month-long  

 8   celebration, held each year during the month of 

 9   February to acknowledge and pay tribute to 

10   African-Americans neglected by both society and 

11   the history books; and

12                "WHEREAS, The month of February 

13   observes the rich and diverse heritage of our 

14   great state and nation; and 

15                "WHEREAS, Black History Month seeks 

16   to emphasize black history is American history; 

17   and 

18                "WHEREAS, Black History Month is a 

19   time to reflect on the struggles and victories of 

20   African-Americans throughout our country's 

21   history and to recognize their numerous valuable 

22   contributions to the protection of our democratic 

23   society in war and in peace; and 

24                "WHEREAS, Some African-American 

25   pioneers whose many accomplishments, all of which 


                                                               975

 1   took place during the month of February, went 

 2   unnoticed, as well as numerous symbolic events in 

 3   February that deserve to be memorialized, include 

 4   John Sweat Rock, a noted Boston lawyer who became 

 5   the first African-American admitted to argue  

 6   before the U.S. Supreme Court on February 1, 

 7   1865, and the first African-American to be 

 8   received on the floor of the U.S. House of 

 9   Representatives; Jonathan Jasper Wright, the 

10   first African-American to hold a major judicial  

11   position, who was elected to the South Carolina 

12   Supreme Court on February 1, 1870; President  

13   Abraham Lincoln submits the proposed 

14   13th Amendment to the U.S. Constitution, 

15   abolishing slavery, to the states for 

16   ratification on February 1, 1865; civil rights 

17   protester Jimmie Lee Jackson dies from wounds  

18   inflicted during a protest on February 26, 1965, 

19   leading to the historic Selma, Alabama, civil 

20   rights demonstrations, including Bloody Sunday, 

21   in which 600 demonstrators, including Martin 

22   Luther King, Jr., were attacked by police; 

23   Autherine J. Lucy became the first 

24   African-American student to attend the University 

25   of Alabama, on February 3, 1956; she was expelled 


                                                               976

 1   three days later 'for her own safety' in response 

 2   to threats from a mob; in 1992, Autherine Lucy 

 3   Foster graduated from the university with a 

 4   master's degree in education, the same day her 

 5   daughter, Grazia Foster, graduated with a 

 6   bachelor's degree in corporate finance; the Negro 

 7   Baseball League was founded on February 3, 1920;  

 8   Jack Johnson, the first African-American World 

 9   Heavyweight Boxing Champion, won his first title 

10   on February 3, 1903; and Reginald F. Lewis, born 

11   on December 7, 1942, in Baltimore, Maryland, 

12   received his law degree from Harvard Law School 

13   in 1968, and was a partner in Murphy, Thorpes & 

14   Lewis, the first black law firm on Wall Street, 

15   and in 1989, he became president and CEO of TLC 

16   Beatrice International Food Company, the largest 

17   black-owned business in the United States; and 

18                "WHEREAS, In recognition of the vast  

19   contributions of African-Americans, a joyful 

20   month-long celebration is held across New York 

21   State and across the United States, with many  

22   commemorative events to honor and display the 

23   cultural heritage of African-Americans; and 

24                "WHEREAS, This Legislative Body 

25   commends the African-American community for 


                                                               977

 1   preserving, for future generations, its  

 2   centuries-old traditions that benefit us all and 

 3   add to the color and beauty of the tapestry which 

 4   is our American society; now, therefore, be it 

 5                "RESOLVED, That this Legislative 

 6   Body pause in its deliberations to memorialize 

 7   Governor Andrew M. Cuomo to proclaim February 

 8   2019 as Black History Month in the State of 

 9   New York; and be it further 

10                "RESOLVED, That copies of this 

11   resolution, suitably engrossed, be transmitted to 

12   the Honorable Andrew M. Cuomo, Governor of the  

13   State of New York, and to the events 

14   commemorating Black History Month throughout 

15   New York State."

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Bailey on the resolution.

18                SENATOR BAILEY:   Thank you, 

19   Mr. President.  On the resolution.

20                I am excited always for Black 

21   History Month.  It is a time where we get to 

22   reflect on who we are as a people and how far we 

23   still must go to achieve equality.  

24                And I was asked, I was honored by 

25   our leader, Senator Andrea Stewart-Cousins, to 


                                                               978

 1   kick off with this resolution.  And it truly is 

 2   an honor to speak about black history from 

 3   somebody who has made black history.  I mean, 

 4   we're all well aware that Leader Stewart-Cousins 

 5   is the first African-American woman to lead a 

 6   conference in the history of the State of 

 7   New York's Legislature, and that is no small 

 8   feat.  But I want you to look at the breadth of 

 9   the person that our leader is:  Dignified, 

10   experienced, and qualified to lead.  

11                And when you look at black history 

12   and you look at what's happened to people 

13   throughout our history, sometimes you think 

14   people get somewhere because of the color of 

15   their skin, and Andrea arrived because of who she 

16   was.

17                History is defined as a series of 

18   events that have taken place in the past, but 

19   history is evolving and it is ongoing all the 

20   time.  We have history every day.  In addition to 

21   Andrea Stewart-Cousins, we have the first 

22   African-American woman to be counsel and chief of 

23   staff in Shontell Smith.  

24                Black history is everywhere.  In the 

25   resolution, February 3rd kept coming up.  And 


                                                               979

 1   February 3, 2015, was the day that my mentor, 

 2   Assembly Speaker Carl Heastie, became the first 

 3   African-American speaker in the history of the 

 4   State of New York.  

 5                But it's not just about being the 

 6   first.  It's not just about being the last or the 

 7   most recent.  It's about making sure that what 

 8   you do matters.  And everything that we do 

 9   matters.

10                And I was thinking about Black 

11   History Month and I was reflecting on things, and 

12   I was -- you know, and I have a family group 

13   chat, Mr. President.  Sometimes my family group 

14   chat, it goes haywire.  Right?  But I asked the 

15   members of my family today:  What does black 

16   history mean to you?  

17                My aunt, Esther Power:  "Look at the 

18   blacks who have opened doors for us.  So many 

19   achievements.  On the shoulders of others, we 

20   have made many great accomplishments." 

21                My cousin Mel:  "It means 

22   motivation, faith, and take a stand.  Black 

23   History Month will forever remind us how far 

24   we've come from being slaves and being called 

25   certain derogatory phrases."


                                                               980

 1                My Aunt Sherry:  "When I was in 

 2   grade school, it meant just another report I had 

 3   to write.  I didn't appreciate the substance of 

 4   it.  But as I grew, I learned it was so much 

 5   more.  A time to reflect on what was done by 

 6   others for the betterment of those currently in 

 7   the struggle and for those in the future.  Young 

 8   people today need to understand their worth in 

 9   this world."

10                My Aunt Barbara, a teacher:  "Black 

11   History Month to me is bringing to the forefront 

12   all of the people, the accomplishments of the 

13   well-known and little-known black people who have 

14   contributed to this country -- from Dr. Charles 

15   Drew, his medical contributions, to Matthew 

16   Henson, the explorer.  All of these things must 

17   become known to teachers by incorporating these 

18   facts in everyday teaching in all schools, not 

19   just in predominantly minority schools.  This 

20   should include Latinos and Native Americans and 

21   everyone.  History must reflect all people and 

22   not just be one-sided."

23                So I got that text, and then I 

24   called my wife and asked my daughter, my 

25   4-year-old, on her way to school, "What does 


                                                               981

 1   black history mean to you, Giada?"  She said, 

 2   "Black history is being black and Puerto Rican."  

 3                See, at 4 years old, she knows that 

 4   she's black and Puerto Rican, she knows that she 

 5   has a heritage, a legacy of kings and queens that 

 6   she builds upon.  So she may not know exactly who 

 7   Carter G. Woodson is or who Garrett A. Morgan is, 

 8   but she understands her place in this world.  And 

 9   as a father, that's all I can ask that my wife 

10   and I continue to instill in them.  

11                But sometimes they say, well, black 

12   history is American history.  You know, maybe we 

13   don't have to teach it.  That's -- as we've seen, 

14   black history should be taught all the time.  You 

15   see, people still think that it's okay to put 

16   blackface on, as a joke.  It's never been okay.  

17   It never will be okay.  If black history was 

18   taught more, I think people would get that.

19                We have to make sure we think about 

20   the legends in our society:  Jackie Robinson, the 

21   first African-American player to cross the color 

22   line in baseball.  But not just Jackie Robinson.  

23   Curt Flood, the father of free agency.  Without 

24   Curt Flood challenging the reserve clause, free 

25   agency in sports would not exist.  


                                                               982

 1                Willy O'Ree, the first 

 2   African-American to play in the NHL.  Fritz 

 3   Pollard, the first African-American to play and 

 4   coach in the NFL.  We know Carol Moseley Braun, 

 5   the first African-American female Senator, and 

 6   Shirley Chisholm, who told us "If we don't have 

 7   the seat at the table, we're going to bring a 

 8   folding chair."

 9                We talk about, in music, the 

10   accomplishments that black folks have made, from 

11   James Brown to Miles Davis to New Edition.  To 

12   Jay-Z, to Nas, to a whole new world of people 

13   accomplishing great things.

14                You see colorism that still happens 

15   in our community.  And we need to teach ourselves 

16   within the black community that I'm no less black 

17   because I'm light-skinned and you're no more 

18   black because you're dark-skinned.  We're all one 

19   people, we're all together.

20                You know, I can't tell you, 

21   Mr. President, how many light-skinned jokes I've 

22   had to endure.  And all I want to do is be proud 

23   and black like all the other proud black people 

24   are.

25                I think about the unofficial Black 


                                                               983

 1   National Anthem of "Lift every voice and sing 

 2   till earth and heaven ring."  And we sing that so 

 3   often at gatherings in the black community and 

 4   churches, but you know we only sing the first 

 5   verse, Mr. President.  After that, we start 

 6   humming.  We don't really -- 

 7                (Laughter.)

 8                SENATOR BAILEY:   You know, 

 9   mm-hmm-hmm.  We know how that goes.

10                (Laughter.)

11                SENATOR BAILEY:   But it's 

12   important, one of the lyrics in the song is "We 

13   will march on until victory is won."  You know, 

14   we still haven't accomplished what we need to 

15   have accomplished yet.  And we've made gains.  

16   But if there's a marathon that's running and it's 

17   26.2 miles and somebody has a 24-mile advantage, 

18   it's going take you a while to catch up.  It 

19   doesn't matter how fast we run, but eventually I 

20   think we're going to catch up.  

21                I think about the Constitution, 

22   thinking about black people as three-fifths of a 

23   human being once upon a time.  Three-fifths.  And 

24   I think about how two-thirds of the people in the 

25   room in the State of New York are 


                                                               984

 1   African-Americans.  That's the kind of math I 

 2   like, Mr. President.

 3                To close, I think about how we need 

 4   to come together as one.  And we come together on 

 5   what would have been the 24th birthday of Trayvon 

 6   Martin.  Trayvon Martin was killed for nothing 

 7   else than being black and wearing a hoodie.  

 8   Let's be very clear about that.

 9                This is why we need Black History 

10   Month.  This is why we have to have conversations 

11   with each other.  This is why this month is so 

12   vital and so important, regardless of where you 

13   come from, whether it be from Jamaican descent, 

14   like my brother Leroy Comrie; whether you're from 

15   Guyana, like the wonderful Roxanne Persaud; or if 

16   you're from Johnson County, North Country, like 

17   myself.  We all have a story.  And the story is 

18   ingrained in the history of America.  

19                And yes, black history is American 

20   history.  But let's continue to march on until 

21   victory is won.

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Sanders on the resolution.

25                SENATOR SANDERS:   Mr. President, I 


                                                               985

 1   ask in the future that you never put me behind 

 2   that speaker who just spoke --

 3                (Laughter.)

 4                SENATOR SANDERS:   -- Because it 

 5   makes whatever I say so much less.  But I'm 

 6   grateful that the subject is so powerful and so 

 7   strong that it lends itself.

 8                I would contend, Mr. President, that 

 9   no American is properly trained in history unless 

10   they know black history.  That if the truth is 

11   told, you cannot have American history without 

12   black history.  If you're looking at the 

13   foundations of this great nation, some sordid, 

14   some fantastic, you will see that blacks played a 

15   role in every part of it.  And to separate these 

16   two things is to express an ignorance, an 

17   ignorance that lends itself to racial bias and 

18   racism.  That you have to -- if you have gone 

19   through school and you have not been trained in 

20   black history, then you've been cheated, my 

21   friends, and you should remedy that.  As a matter 

22   of fact, Mark Twain said that never let school 

23   get in the way of your education.  And I 

24   encourage all of you to do that, to make sure 

25   that we don't fail to understand that there's a 


                                                               986

 1   whole world of knowledge that we have to learn 

 2   outside of school.

 3                Blacks have exceeded in every field, 

 4   including cotton -- tongue in cheek, gentlemen -- 

 5   and we have to recognize those things.  Black 

 6   history is every day.  But you know, let me just 

 7   take one incidence of black history to show you 

 8   that it's American history and that everyone 

 9   plays a role in it.  

10                This picture, this iconic picture of 

11   Rosa Parks sitting down on the bus.  Everyone has 

12   seen that picture.  But if you notice carefully 

13   in that picture, there's a white guy sitting 

14   behind her.  And if you really understand that, 

15   he actually was a New Yorker who just happened to 

16   be on that bus at the same time and he stayed on 

17   the bus to make sure that she was not brutalized.  

18                The history of this country, 

19   everything is so interwoven that to study it 

20   would merely have you a better American.  And 

21   that gentleman who was a New Yorker, we really 

22   don't speak of much, and perhaps that's good.  

23   That's the way it should be, in one sense, that 

24   each group must back the other if we are going to 

25   have a true America.


                                                               987

 1                Now, Mr. President, as I conclude, I 

 2   conclude by saying that you cannot really 

 3   separate -- we show the difference in black 

 4   history just so that we can greater understand 

 5   it.  And if you really love this country, then 

 6   you have to study black history too so that you 

 7   can fully understand the country that we say we 

 8   love.  American history is black history.  Black 

 9   history is American history.  We highlight it so 

10   that we can, until the history books are written 

11   in the correct fashion, we must highlight this.  

12                But we all should long for the day 

13   when we get a true history, a history of all of 

14   us and the contributions of all.  That we don't 

15   have to highlight this or highlight that, but 

16   just let the truth be told and we'll be a greater 

17   country.  That, Mr. President, is what would make 

18   America great.

19                Thank you, sir.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   May on the resolution.

22                SENATOR MAY:   Thank you, 

23   Mr. President.

24                I am very happy to support this 

25   resolution because the telling of black history 


                                                               988

 1   has not always been easy or acceptable in this 

 2   country.  It wasn't that long ago that it was a 

 3   dangerous thing to be telling black history.  

 4   After the Civil Rights Act passed, the State of 

 5   California put out a call for a new eighth-grade 

 6   American history textbook that was more inclusive 

 7   of the tapestry of American history.  And my 

 8   grandfather, who was an American historian, 

 9   collaborated with the famous black historian John 

10   Hope Franklin to write a new textbook that dealt 

11   with slavery, that dealt with Jim Crow, that 

12   dealt with the internment of Japanese Americans 

13   in World War II.  It dealt with the genocide of 

14   Native Americans and a lot of other really 

15   shameful and painful episodes in American 

16   history.

17                The textbook was ultimately adopted 

18   in the California school system, but not until my 

19   grandfather received death threats.  The John 

20   Birch Society fought it tooth and nail because 

21   there were too many pictures of black children in 

22   the book, there were too many references in the 

23   bibliography to works by black authors.  After it 

24   was adopted, white women in the suburbs started a 

25   movement to pull their children out of history 


                                                               989

 1   class so they would not have to use this 

 2   textbook.

 3                If we read that textbook now, it 

 4   would seem very tame and bland, I'm sure.  But at 

 5   the time it was considered dangerous.

 6                So celebrating Black History Month I 

 7   think is an important gesture in saying that this 

 8   is -- this shouldn't be considered something that 

 9   we're afraid to look at or that is dangerous to 

10   talk about.  We do have shameful episodes in our 

11   history.  We also have a lot to be proud of about 

12   the contributions of African-Americans to our 

13   history.  And I'm just very proud that we are 

14   reaching a point where telling the history of 

15   African-Americans is something that is widely 

16   accepted and something that we can support 

17   proudly.

18                Thank you.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Parker on the resolution.

21                SENATOR PARKER:   Thank you, 

22   Mr. President.  On the resolution.

23                First let me thank our leader, 

24   Andrea Stewart-Cousins, for once again bringing 

25   forth this important resolution honoring and 


                                                               990

 1   memorializing African-American History Month.  

 2                Certainly let me associate myself 

 3   with all of my colleagues who spoke, particularly 

 4   Senator Jamaal Bailey, who gave some really great 

 5   understandings of African-American history, both 

 6   from a larger sociopolitical perspective but also 

 7   from the context of his family.  Right?  And I 

 8   think that for all of us, particularly for 

 9   African-Americans, we don't necessarily think 

10   about individual stories as being part of the 

11   larger history of African-Americans.  

12                And as you hear both the comments of 

13   Senator Sanders and Senator May, you start to 

14   understand the notion that African-American 

15   history is part of a larger history of American 

16   history, and that that history has an impact on 

17   people who are not African-American.  Right?  And 

18   that the contributions -- you could actually do, 

19   you know, a whole lesson on the contributions of 

20   whites and others to the civil rights and the 

21   freedoms of African people, because it's been 

22   that important and that intertwined.

23                But I want us to remember Carter G. 

24   Woodson and what he did in terms of creating 

25   Negro History Month, which typically was 


                                                               991

 1   celebrated the second week of February because it 

 2   was both the week of President Lincoln's birthday 

 3   and Frederick Douglass's birthday.  Right?  In 

 4   1976 it was expanded to go from Negro History 

 5   Month to African-American or Black History 

 6   Month -- I'm sorry, Negro History Week.  It went 

 7   from a week, the second week of February, to 

 8   African-American History Month in 1976.  Right?  

 9   And the fact that it's the shortest month of the 

10   year was just parenthetical to the whole 

11   situation.  I know some people have negative 

12   feelings about that, but that's really -- you're 

13   not getting shortchanged.  

14                But what you should be remembering 

15   is that African-American History Month is a 

16   starting point for year-long study into 

17   African-American history.  So it should not be 

18   the only month that we talk about or think about 

19   African-American history, it should be just the 

20   starting point for 365 days of study.  And then 

21   hopefully that study will branch us off into the 

22   studies of other groups and other cultures.  I 

23   fundamentally believe that that is an important 

24   part of where this country and where this state 

25   has to be.  


                                                               992

 1                And certainly I'm looking forward to 

 2   working with my colleagues in this chamber on 

 3   bringing forward some legislation that would 

 4   mandate African-American history and curriculums 

 5   of inclusion into the curriculums of the young 

 6   people throughout this state, because it's 

 7   certainly beyond time that we certainly start to 

 8   understand and recognize the contributions of 

 9   every single major group.  And particularly as we 

10   talk today, the contributions of 

11   African-Americans in our history -- but not just 

12   in history.  In science and mathematics, in 

13   horticulture and all the things -- in politics 

14   and economics and all the endeavors that we're 

15   engaged in as a people.

16                I want us to also remember that the 

17   history of African-Americans does not begin in 

18   1619 with the first ships carrying, you know, 

19   enslaved African people to the shores of 

20   Jamestown, Virginia, but, you know, is a history 

21   of literally the world.  That the world begins 

22   into the fact that we have, if there's a Garden 

23   of Eden, that Garden of Eden is in Africa.  

24   Right?  

25                So we talk about, you know, the 


                                                               993

 1   primacy of African people and African-Americans 

 2   being the offshoot of that, that is a critical 

 3   piece to explore and to understand.  You don't 

 4   properly understand African-American history 

 5   unless you understand the history of Africa.  And 

 6   you can in fact love -- say you love 

 7   African-Americans and hate Africa.  Right?  As 

 8   Malcolm said you can't hate the roots of a tree 

 9   and then say that you love the tree.  Right?  And 

10   that they're inextricably linked.  

11                And so on this African-American 

12   History Month, you know, we think and honor the 

13   first in black politics here in this chamber.  

14   Not just my African-American colleagues like 

15   Senator Persaud and Senator Comrie, Senator 

16   Sanders, Senator Bailey -- certainly our 

17   illustrious presiding officer Senator Benjamin, 

18   Senator Velmanette Montgomery, and certainly our 

19   leader Senator Andrea Stewart-Cousins, as well as 

20   Robert Jackson, who has been a huge -- a huge 

21   person.  Costa Rica we don't really count --

22                (Laughter.)

23                SENATOR PARKER:   -- and so Senator 

24   Myrie, we -- you know, we add him, but -- 

25                (Laughter.)


                                                               994

 1                SENATOR PARKER:   You know, 

 2   certainly -- we certainly remember him as well.

 3                But having -- you know, we're in a 

 4   historical point of having two of the three men 

 5   in the room be African-American.  Right?  And 

 6   actually more historical, one of those men in the 

 7   room is actually a woman.  

 8                And so, you know, we make history 

 9   every day, but we should not forget what we did 

10   on November 6 of last year, which is send our 

11   first African-American woman to the Attorney 

12   General's office in the body of Letitia James, 

13   making history and doing justice for the people 

14   of the State of New York.  

15                We remember David Paterson, our 

16   first African-American Governor.  We remember 

17   H. Carl McCall, our current chair of SUNY who was 

18   the first African-American elected statewide as 

19   the State Comptroller in the state.  We remember 

20   Bertram Baker, who was the first African-American 

21   elected to any office by Brooklyn voters.  People 

22   like Percy Sutton, who was a groundbreaker.  

23   Hulan Jack.  Right?  Charlie Rangel.  You know, 

24   Congressman Powell, Adam Clayton Powell, who, you 

25   know, certainly Senator Benjamin walks in his 


                                                               995

 1   footsteps.  

 2                You know, the history, the political 

 3   history is very rich.  And it was important 

 4   particularly as New Yorkers to be proud of that 

 5   history.  Adam Clayton Powell was in modern times 

 6   our first, you know, African-American Congressman 

 7   and somebody who did amazing things in terms of, 

 8   you know, the SNAP program and free lunch and all 

 9   those kind of things.  Really important.

10                Don't want to forget somebody really 

11   important in this conversation.  And certainly 

12   Senator Kennedy was going to mention him, but I 

13   want to just beat him to the punch and remember 

14   Arthur O. Eve, who is somebody from Buffalo.  

15   Helped negotiate the Attica uprising.  Brought 

16   the Opportunity Programs.  You know, so if you're 

17   a student who's gone and gotten TAP or HEOP or 

18   Liberty Scholarship, you know, you have a debt to 

19   Arthur O. Eve, who brought those programs to this 

20   state.

21                And so in a kind of concise fashion, 

22   I want to just mention these folks and honor them 

23   and remember them today as we in this chamber 

24   take up the idea of remembering African-American 

25   history.  And may we all use this to continue 


                                                               996

 1   both our own journeys to adding to 

 2   African-American history, but also our own 

 3   journeys of using this as a jumping-off point to 

 4   explore the rich histories of all groups in our 

 5   state, and really celebrating this state as the 

 6   inclusive and diverse state that it really is, 

 7   and understanding that we are the beauty of 

 8   America.

 9                But remember, African people, we are 

10   the people who were here the day before 

11   yesterday.  And we're going to be the people who 

12   are going to be here the day after tomorrow.  So 

13   let's continue to bring good into the world, and 

14   let no good be lost.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Kennedy on the resolution.

18                SENATOR KENNEDY:   Thank you very 

19   much, Mr. President.  

20                Let me start by recognizing all of 

21   my colleagues that have spoken thus far.  I want 

22   to thank Senator Parker for those wonderful 

23   words.  I want to thank Senator Bailey for 

24   bringing this important resolution forward.  And 

25   I want to recognize our historic leader, Senator 


                                                               997

 1   Andrea Stewart-Cousins, as well as the leader on 

 2   the other side of the chamber, Assemblymember 

 3   Carl Heastie, and another historic figure from my 

 4   hometown of Buffalo, Assemblywoman Crystal 

 5   Peoples-Stokes, who also made history this year 

 6   last month, as she was appointed as the first 

 7   African-American and African-American female to 

 8   serve as Majority Leader in the New York State 

 9   Assembly.

10                So there is history all among us, 

11   and it's a reminder that this history that we 

12   celebrate today, this history that we celebrate 

13   this month, is history that we will continue to 

14   celebrate throughout the year and into 

15   perpetuity, and we have an opportunity to make 

16   history each and every day.

17                You know, when Senator Bailey sat 

18   down before, I leaned over to him and I said, 

19   "You know, you forgot the Irish," in recognizing 

20   African and African-American history, and I have 

21   a couple of tales to tell on that end.  

22                I've had the fortune to travel 

23   across the seas to see where my ancestors had 

24   come from that had once been enslaved, that had 

25   once been in famine and had to flee persecution 


                                                               998

 1   and oppression to come to this great institution 

 2   of democracy, the United States of America.  And 

 3   when I went over to Ireland, I was reminded of 

 4   the great connection not only of New York and 

 5   Ireland, but the United States and Ireland.  And 

 6   not just of the historic figures, the forefathers 

 7   of this country but particularly the 

 8   African-American leaders of this country and 

 9   their impact on Ireland.  

10                Frederick Douglass, once a slave, 

11   escaped slave, a New Yorker, a leader, once 

12   visited Ireland because he had his life 

13   threatened.  And when he visited Ireland, he 

14   visited with an individual called Daniel 

15   O'Connell, who was still probably the most 

16   revered historical figure in the history of 

17   Ireland.  And Daniel O'Connell, in his old age, 

18   and Frederick Douglass, in his youth, connected 

19   and formed a friendship and a bond.  And 

20   Frederick Douglass traveled from Dublin to the 

21   north to Belfast and to other historical cities 

22   in Ireland, and for two months he was in Europe.  

23   Upon his return, he came back with a new vision 

24   of the future of our country.  

25                And prior to his visit to Ireland, 


                                                               999

 1   there was a movement and he had a vision of a 

 2   society in the United States of abolition, yes, 

 3   but abolition by separation.  And once he came 

 4   back, and having spoken with different leaders in 

 5   Ireland, Frederick Douglass had a new vision of 

 6   our country, and it was abolition by unification.  

 7   And that is the vision that our great 

 8   forefathers, including Abraham Lincoln, 

 9   ultimately made their own.

10                And then when I had an opportunity 

11   recently to go up to the north again in Ireland, 

12   just last month, in December, and I got to visit 

13   the Museum of Free Derry.  And outside of the 

14   museum of Free Derry -- which, 50 years ago last 

15   year, there was a horrific incident where people 

16   were shot into a crowd as they marched for civil 

17   rights, singing "Amazing Grace," in 1968, an 

18   incident referred to as Bloody Sunday.

19                And outside of the Museum of Free 

20   Derry there are various murals depicting the 

21   troubles in the north and the fight for civil 

22   rights and human rights and the fight against 

23   oppression from what was a colonized north, from 

24   the English, for hundreds of years.  And there 

25   were historical figures on one mural like James 


                                                               1000

 1   Connolly, one of the freedom fighters who came to 

 2   New York State, and so many other of the Irish 

 3   freedom fighters back in the day.  And the Irish 

 4   Republican Army next to an Easter lily, 

 5   recognizing the peace that has ensued over the 

 6   last 20 years since the Good Friday Peace Accord.  

 7   And above that mural stood a mural depicting the 

 8   faces of Martin Luther King and Nelson Mandela 

 9   and Mother Teresa.  

10                And that was just an hour's drive 

11   from another mural I had seen earlier in the day 

12   in Belfast, depicting Frederick Douglass and 

13   Martin Luther King and Rosa Parks and Barack 

14   Obama and so many other historical 

15   African-Americans that fought the fight here but 

16   that had an indelible mark on the fight for civil 

17   rights across the pond and across the globe.

18                And as we celebrate Black History 

19   Month, it just calls to mind a story I heard 

20   President Clinton speak of in Dublin as he 

21   received a doctorate degree at Dublin City 

22   University last year.  And he talked about "Danny 

23   Boy," the song "Danny Boy" that calls upon the 

24   influence, the connection of all of humanity, all 

25   of us, all of us in this together.  


                                                               1001

 1                And he told the story of how one of 

 2   the greatest accomplishments he had ever had was 

 3   the study of the human genome and the billions of 

 4   dollars in taxpayer money that was spent in the 

 5   study of the human genome.  And what was found in 

 6   that study initially was that each and every one 

 7   of us share 4, 5, 6 percent of the same human 

 8   genome, traced back to sub-Saharan Africa.  We 

 9   all come from the same place.

10                And so when he found out this 

11   revelation, he broke into his office and he said:  

12   "Hillary, you'll never believe it.  The study 

13   came back, and we're all connected.  We all share 

14   the same human genome."  And she said, "Bill, you 

15   don't have to spend billions of dollars of 

16   taxpayer money to study the human genome for me 

17   to find out and you to tell me that you're a 

18   Neanderthal."

19                (Laughter.)

20                SENATOR KENNEDY:   And he said, No, 

21   Hillary, this is what's great about it.  So are 

22   you."  

23                (Laughter.)

24                SENATOR KENNEDY:   We are all in 

25   this together.  And as we celebrate black 


                                                               1002

 1   history, we celebrate our history:  Human 

 2   history, American history, global history.  And 

 3   yes, that has been a difficult history, 

 4   particularly in this country but across the 

 5   globe.  We're making strides, but the fight 

 6   continues.

 7                And I'm honored to serve in this 

 8   auspicious chamber with my colleagues, and I'm 

 9   honored to put forward the bills and the 

10   legislation that continue to advance that history 

11   moving forward.  

12                Mr. President, thank you for the 

13   opportunity to speak on this bill.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Jackson on the resolution.

16                SENATOR JACKSON:   Thank you, 

17   Mr. President.  

18                My colleagues, I rise to let you 

19   know a little bit about who I am.  My mother, I 

20   may have mentioned before in this chambers, was 

21   born in Athens, Georgia.  Her mother, my 

22   grandmother, died at age 22 in 1932.  And my 

23   inauguration, my community inauguration, I listed 

24   that in the back of the program, along with my 

25   fathers:  Eddie York Chu, a Chinese immigrant 


                                                               1003

 1   that came here many years ago, and James Robert 

 2   Rudd, from Danville, Virginia.  

 3                I say to you that my grandmother was 

 4   the descendant of slaves in Georgia.  And when I 

 5   went down there many years ago when I was taking 

 6   my daughter down to look at schools in the 

 7   Atlanta, Georgia area, we stopped in Athens, 

 8   Georgia.  And if you know, right now that's a big 

 9   college town.  But the slave owners back then, 

10   many of them brothers, were Willinghams.  So my 

11   family's maiden names were Willinghams.  And I've 

12   done research through ancestry.com, and my oldest 

13   daughter, and we've gone back to 1860.  In 1860, 

14   the U.S. Census data did not list individuals by 

15   their names, especially if you were a slave.  

16   They only listed slave owners and then listed 

17   either male or female and approximate age.  

18                And I'm still trying to find my 

19   family's history, because as you know most 

20   blacks, going back then, were poor and 

21   descendants of, you know, slave owners that 

22   basically had the mixture.  And that's why, you 

23   know, if you look at my color of my skin and 

24   others, there's all shades of blackness.

25                But I say all of that to give you a 


                                                               1004

 1   little bit about who I am.  And I remember when 

 2   James Brown, the number-one soul singer, came out 

 3   with a song, "Say it loud, I'm black and I'm 

 4   proud."  Because quite frankly, when that came 

 5   out, blacks all over was taking the proudness of 

 6   being black.

 7                And in the City Council, I cochaired 

 8   the Black, Latino and Asian Caucus for eight 

 9   years.  I'm a member of the state's body, the 

10   Black, Puerto Rican, Latino, Asian Caucus.  I 

11   want everyone, no matter who you are, to be proud 

12   of yourselves and proud of your family's 

13   background.  

14                In doing some research on my 

15   grandmother, my grandmother is buried in a 

16   colored cemetery.  And there's no gravestone, 

17   because they were poor.  And back in 1932 when 

18   she died, talking to some of the people of the 

19   cemetery that's trying to revive it, at that time 

20   they put a stick in the ground with your name on 

21   it.  And obviously that stick is gone.  So they 

22   know the geographical area of where she's buried, 

23   but they don't know which grave.

24                So I just say that little bit to say 

25   sometimes I used to hear people speak about all 


                                                               1005

 1   of us.  And they say "We all are immigrants."  

 2   And in my mind I said:  Oh, no, we're not.  Some 

 3   of us did not emigrate here.  Some of us were 

 4   brought here as slaves.  That's a big difference.

 5                But the bottom line is that we are 

 6   all brothers and sisters of the human race.  And 

 7   that's why I've given blood to help somebody else 

 8   live.  I've given platelets.  That's why I was in 

 9   the Bone Marrow Bank.  If I could help somebody 

10   else live, that's what it's about.  That's why 

11   I've signed the back of my driver's license.  If 

12   I'm brain dead, I want to use my organs to help 

13   somebody else live.  

14                So we're all brothers and sisters.  

15   But I say to you:  Say it loud, I'm black and I'm 

16   proud.  And I support the resolution.

17                Thank you.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Sepúlveda on the resolution.

20                SENATOR SEPÚLVEDA:   Thank you, 

21   Mr. President, for allowing me to speak on the 

22   resolution.

23                You know, many in this country, 

24   whether you're black, white, gay, straight, 

25   short, tall, whatever it is, many of us in this 


                                                               1006

 1   country owe a debt of gratitude to the 

 2   African-American community, African-Americans in 

 3   this country.

 4                If you look at the civil rights that 

 5   many of us have, that many of us enjoy, it is 

 6   because of the struggle during the civil rights 

 7   movement -- the struggle primarily with the black 

 8   churches leading the way, black activists, black 

 9   leaders -- that we all have civil protections, 

10   all of us have civil protections, encroachments 

11   against government and criminal justice and 

12   housing.  I mean, a whole laundry list of things 

13   that we owe a debt of gratitude to the 

14   African-American community, the African-American 

15   struggle in this nation.  

16                Now, my grandfather was a 

17   dark-skinned Puerto Rican man from Guánica, 

18   Puerto Rico, who became a merchant marine.  And 

19   he suffered all the indignities that happened at 

20   the time when you had separate but equal.  He was 

21   not allowed into bathrooms that white persons 

22   would use.  He was ordered to go to the back of 

23   the bus.  But my grandfather was one of the 

24   smartest, greatest men I ever met.  I was 

25   fortunate to have him in my life because, even 


                                                               1007

 1   though he didn't have a formal education, he was 

 2   a learned man.  He read a lot.  And he was the 

 3   one who taught me about great leaders like 

 4   Dr. Martin Luther King and Rosa Parks and 

 5   Charles Hamilton Houston.  

 6                Many people don't know who Charles 

 7   Hamilton Houston was.  But if you ask anyone in 

 8   the legal profession, they can tell you that the 

 9   person who devised the strategy to take down 

10   "separate but equal" institutions in this country 

11   was Charles Hamilton Houston.  He was a 

12   brilliant, brilliant legal strategist.  He was 

13   the one who said let's start at the higher 

14   institutions like the law schools, because he 

15   understood that it would be too expensive, to 

16   expensive to maintain "separate but equal" at 

17   those institutions.  

18                So we all, we all owe a debt of 

19   gratitude to Martin Luther King, of course, and 

20   Thurgood Marshall, but a greater debt of 

21   gratitude, I believe, is owed to Charles Hamilton 

22   Houston.  

23                Now, as a point of privilege, I want 

24   to point out that of course Rosa Parks is a 

25   historic figure in this country.  But nine months 


                                                               1008

 1   before Rosa Parks refused to give up her seat, 

 2   one of my constituents, who is alive today, by 

 3   the name of Claudette Colvin, at 15 years old, 

 4   was brave enough to say "I paid for the ticket on 

 5   my bus, and I refuse to give it up."  And nine 

 6   months before, Claudette was arrested and was one 

 7   of the litigants in the Browder vs. Gayle case 

 8   that ultimately led, she was one of four that 

 9   ultimately led to the holding of unconstitutional 

10   "separate but equal" in transportation.

11                So we can't forget people like this, 

12   because they are part of us.  They are part of 

13   our history.  And we must always hold them in 

14   high esteem, because we as a nation, we as a 

15   country, we as a world have benefited from their 

16   contributions.  

17                And I'm proud to celebrate the 

18   history of African-Americans this month -- but 

19   not only this month, but my entire life, because 

20   I say thank you for making our lives better and 

21   for protecting us and giving us rights that 

22   otherwise we probably would not have in this 

23   country.  Thank you.

24                ACTING PRESIDENT BENJAMIN:   The 

25   question is on the resolution.  All in favor 


                                                               1009

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:   Oh, 

 4   wait.  Senator Comrie on the resolution.

 5                SENATOR COMRIE:   Mr. President, I 

 6   rise to support the resolution.  

 7                I want to thank Senator Bailey for 

 8   bringing forth the resolution and our leader, the 

 9   first African-American woman to lead this 

10   State Senate, and is leading it in such a 

11   positive and regal manner, Senator Andrea 

12   Stewart-Cousins, for being here.  

13                I thought I had my hand up early, 

14   but I'll go beat up your people later on on this.

15                (Laughter.)

16                SENATOR COMRIE:   After all of the 

17   eloquent speeches that have been said about Black 

18   History Month, I just want to remind folks -- and 

19   I'm going to take it in a new direction.  We 

20   understand that history is being made every day.  

21   We understand that we are here as elected 

22   officials to try to make sure that we do better 

23   for our communities.  But one of the things that 

24   we need to do as a body is to make sure that our 

25   history as New Yorkers, whether you're 


                                                               1010

 1   African-American, whether you're Irish or whether 

 2   you're Bangladesh, wherever you're from, is 

 3   celebrated and applauded by us every day.

 4                Now, we have African-American 

 5   History Month that is bestowed upon us since 

 6   1976.  And it's important that we tell those 

 7   stories, that we repeat those stories, that we 

 8   tell those stories about our successes that have 

 9   happened in the past, our successes that are 

10   still happening now.  That we also be walking 

11   examples for young people so that they can 

12   understand that we are also giving them an 

13   opportunity to make history by bestowing upon 

14   them the education and the knowledge and the 

15   desire so that they can become history-makers as 

16   well.  

17                And I hope that that translates into 

18   the schools to ensure that our curriculum 

19   reflects the beauty and pageantry of New Yorkers 

20   on an everyday basis.  That you can be celebrated 

21   as African-American, that you can be celebrated 

22   as Chinese-American, you can be celebrated as 

23   whatever culture you're from.

24                I'm not going to tell my story, 

25   since I was the last speaker for today.  But as 


                                                               1011

 1   was said earlier, my parents emigrated from 

 2   Jamaica, West Indies.  The short answer is I 

 3   never knew that I wasn't African-American until 

 4   the first time I went to Jamaica, West Indies, 

 5   when I was seven.  My parents never tried to do 

 6   anything but say that all people are equal.  That 

 7   anyone that comes to your home, you treat with 

 8   respect.  That anyone that you encounter, you try 

 9   to learn from.  That you understand that you have 

10   to be respectful to everybody and learn from 

11   everyone.  Because what my parents and my elders 

12   taught me was that no matter who you encounter, 

13   you can learn from.  You can understand their 

14   passion, you can understand their background, you 

15   can appreciate them for who they are.  

16                And African-American History Month 

17   is an opportunity for us to understand that 

18   culture.  African-American history is the history 

19   of this country.  There hasn't been anything that 

20   has happened to this country that an 

21   African-American wasn't a prominent part of, from 

22   the civil rights movement to pre-Civil War.  I'm  

23   not going to run through all the names, because 

24   I'm the last speaker, but I just want to say that 

25   we have to continue that history in our 


                                                               1012

 1   curriculum.  We have to continue that history in 

 2   everything that we do.  We have to remind people 

 3   that as New Yorkers we are looking for them to be 

 4   history-makers also.

 5                And I hope that we make that more 

 6   inclusive in our curriculum at every level.  I 

 7   hope that we bring back civics in our schools, 

 8   because they're being lost.  I hope that we can 

 9   reinstill in our children the desire to be 

10   somebody based on the fact that we have so many 

11   great people in this state that have led the way, 

12   that have created opportunities.  And I hope that 

13   through this resolution and through understanding 

14   that we have to create a better country than what 

15   is being presented on the national level, we can 

16   do it better on the state level.

17                So I want to thank Senator Bailey 

18   for bringing this resolution today.  I want to 

19   thank all of the speakers for their eloquent 

20   words about Black History Month.  And I want to 

21   encourage all of us to continue to be walking 

22   examples to inspire someone every day.

23                Thank you, Mr. President.  And you 

24   look good up there.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1013

 1   question is on the resolution.  All in favor 

 2   signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT BENJAMIN:    

 5   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   resolution is adopted.

 9                Senator Biaggi.

10                SENATOR GIANARIS:   Mr. President, 

11   please call on Senator Jordan for a motion.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Jordan.

14                SENATOR JORDAN:   Mr. President, on 

15   behalf of Senator Lanza, I move that the 

16   following bill be discharged from its respective 

17   committee and be recommitted with instructions to 

18   strike the enacting clause:  Senate Bill 416.

19                ACTING PRESIDENT BENJAMIN:   So 

20   ordered.

21                Senator Biaggi.

22                SENATOR BIAGGI:   Thank you.  Can 

23   you please now call on Senator Mayer for an 

24   introduction.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               1014

 1   Mayer.

 2                SENATOR MAYER:   Thank you, 

 3   Mr. President.  

 4                I rise to introduce some of my 

 5   colleagues and friends from the Yonkers Kinship 

 6   Navigator program.  We were going to do a 

 7   resolution today honoring Kinship Care Month; we 

 8   are going to defer that until Senator Montgomery 

 9   can attend.  But today I know it's important both 

10   for the leader and myself to honor 

11   representatives from the Family Service Society 

12   of Yonkers and the Kinship Navigator program.  

13                For us in Yonkers and in 

14   Westchester, the Kinship Navigator program has 

15   been the leader in ensuring that particularly 

16   grandmothers and grandparents raising 

17   grandchildren have all the support and supportive 

18   services they need.  We have literally thousands 

19   of grandparents raising grandchildren because of 

20   their dedication to their families and their 

21   commitment to do it well.  

22                We're very, very proud of them.  

23   We're thrilled that they're here today.  I hope 

24   that we get to do the resolution and you come 

25   back for the full discussion, but today I ask 


                                                               1015

 1   that you welcome them and give them the 

 2   privileges of the house, and welcome them and 

 3   honor their service to their families and their 

 4   grandchildren and the communities they live in.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   We 

 7   welcome our guests to the chamber.  We thank you 

 8   for coming and extend to you all of the 

 9   privileges and courtesies of this house.  Thank 

10   you.

11                Senator Biaggi.

12                SENATOR BIAGGI:   Thank you.  

13                Can you please call up 

14   Resolution Number 367, read that in the entirety, 

15   and recognize Senator Kavanagh to speak.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Senate Resolution 

19   Number 367, by Senator Kavanagh, commemorating 

20   the Asian-American community celebration of the 

21   Lunar New Year, the Year of the Pig, on 

22   February 5, 2019.  

23                "WHEREAS, With due cause and proper 

24   resolve, this Legislative Body honors the 

25   Asian-American community of the State of New York 


                                                               1016

 1   as it celebrates the Lunar New Year in the Year 

 2   of the Pig; and 

 3                "WHEREAS, According to the ancient 

 4   customs and legend, Asian-Americans across the 

 5   State will wear red, light firecrackers and make 

 6   other loud noises to symbolically chase away the 

 7   wild beast Nian, who once was thought to attack 

 8   ancient villages at the outset of the New Year; 

 9   and 

10                "WHEREAS, According to legend, the 

11   Jade Emperor held a race to determine the 

12   12 animals to represent the zodiac with the 

13   cyclical order determined by their finishing 

14   position; and 

15                "WHEREAS, It is said that people 

16   take on characteristics based upon the animal of 

17   their birth year, and those born in the Year of 

18   the Pig are said to be characterized by their 

19   loyalty, kindheartedness, patience and willpower 

20   to succeed; and 

21                "WHEREAS, The Lunar New Year is the 

22   most significant and popular Asian festival and 

23   exemplifies the many diverse traditions of 

24   Asian-Americans; and 

25                "WHEREAS, It is cause for great 


                                                               1017

 1   celebration in the Asian-American community that 

 2   public schools in New York City now recognize the 

 3   Lunar New Year as a holiday, acknowledging the 

 4   festival's widespread observance across the city; 

 5   now, therefore, be it 

 6                "RESOLVED, That this Legislative 

 7   Body pause in its deliberations to commemorate  

 8   the Asian-American community's celebration of the 

 9   Lunar New Year, the Year of the Pig, on 

10   February 5, 2019; and be it further 

11                "RESOLVED, That copies of this  

12   resolution, suitably engrossed, be transmitted to 

13   distinguished members of the Asian-American 

14   community."

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Kavanagh on the resolution.

17                SENATOR KAVANAGH:   Thank you, 

18   Mr. President.  And thank you for allowing us to 

19   discuss this resolution today.  

20                And I also just want to acknowledge 

21   that this resolution is cosponsored by Senators 

22   Liu and Gounardes and Stavisky and Metzger and 

23   dozens of other cosponsors in this chamber, who I 

24   think we'll hear from many of them today.  

25                You know, I rise to join my 


                                                               1018

 1   constituents and New Yorkers across the state who 

 2   are celebrating the Lunar New Year today.  That 

 3   is being celebrated right now in my district in 

 4   Chinatown and many other parts of the state with 

 5   firecrackers and wonderful food and lion dances 

 6   and many other very traditional celebrations.  

 7   But I know that we can have just as much fun here 

 8   in this chamber celebrating Lunar New Year by 

 9   talking about this resolution.  

10                As the resolution states, this is 

11   the Year of the Pig.  That is one of 12 years in 

12   a cyclical calendar that is a very old and 

13   venerated tradition, not just among people of 

14   Chinese descent, but many people of Asian 

15   descent.  And as the resolution also notes, this 

16   is the most important cultural festival for many, 

17   many people across our state.  So it's great that 

18   we are taking a moment here in our Senate to join 

19   so many people celebrating that today.

20                But this is not just an opportunity, 

21   Mr. President, for us to join in that 

22   celebration, but also to celebrate the cultural 

23   diversity of this great state and this great 

24   nation.  Our Statue of Liberty reminds us that 

25   New York has long been a beacon of hope for 


                                                               1019

 1   individuals from across the globe.  

 2                Of course it is also fitting that we 

 3   are discussing this resolution on the same day 

 4   and in the same chamber that we've discussed our 

 5   great resolution put forth by my colleague 

 6   Jamaal Bailey and so many others on Black History 

 7   Month, because we do understand that it is our 

 8   strength -- however people come to this country, 

 9   that it is our strength that we celebrate that 

10   diversity and we celebrate the many communities 

11   across this state that bring so much to our 

12   common heritage and our common life together.  

13                So this heritage is of course shared 

14   not just by people of Chinese descent but also 

15   Korean, Vietnamese, Laotian and Singaporean 

16   heritage.  I am proud to represent Manhattan's 

17   Chinatown.  It is among the largest 

18   concentrations of Chinese individuals in the 

19   Western Hemisphere.  Mr. Speaker, there is some 

20   friendly competition among Chinese and other 

21   Asian communities in New York about which is the 

22   most populous and which is the most prominent.  

23                I will say that we are very proud in 

24   Chinatown in Manhattan to be a community that has 

25   a very long and distinguished history of 


                                                               1020

 1   welcoming people of Asian descent and building 

 2   businesses and them thriving.  And organizations 

 3   like the Chinese Consolidated Benevolent 

 4   Association and Chinatown USA, which is 

 5   sponsoring many of the events today, and the 

 6   Chinese Chamber of Commerce are all headquartered 

 7   there.  

 8                But of course one of the great 

 9   things about this day is that we're celebrating 

10   the growing numbers and the thriving populations 

11   of people of Asian descent all over our state and 

12   the great communities that are represented by 

13   many of my colleagues in this chamber.  

14                We have many speakers today, so I'll 

15   end there by just saying thank you again, 

16   Mr. Speaker, for the opportunity to speak on 

17   this.  Thank you to everyone who is joining us in 

18   supporting this resolution.  And Happy New Year 

19   to all who are celebrating the beginning of the 

20   great Year of the Pig.

21                Thank you.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Myrie on the resolution.

24                SENATOR MYRIE:   Thank you, 

25   Mr. President.  


                                                               1021

 1                I represent a vibrant, beautiful, 

 2   diverse Asian-American community, most of whom 

 3   reside in the Sunset Park neighborhood of my 

 4   district.  So I'm very proud today to support 

 5   this resolution celebrating the new lunar year.  

 6                I think it's important that while 

 7   the rest of the world is out celebrating, that we 

 8   take time to recognize this important and storied 

 9   tradition in the Asian-American community.  I 

10   look forward to the many celebrations that will 

11   be happening over the next couple of weeks.  And 

12   I thank this chamber for taking time to recognize 

13   such an important community here in our state.

14                Thank you, Mr. President.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Stavisky on the resolution.

17                SENATOR STAVISKY:   Thank you, 

18   Mr. President.  

19                Today is the actual day of the 

20   Lunar New Year, and in fact the schools are 

21   closed.  And they're closed because the city 

22   recognizes the importance of the Asian-American 

23   community.  

24                Saturday in Flushing we have one of 

25   the largest parades separating the Year of the 


                                                               1022

 1   Pig.  And it's interesting because the Chinese 

 2   community as well as the Korean community work 

 3   together cooperatively in celebrating the 

 4   Lunar New Year.  The parade in Flushing -- and I 

 5   recommend it to everybody; the Lieutenant 

 6   Governor always comes, as well as other elected 

 7   officials -- is run by the Flushing Chinese 

 8   Business Association, representing the Chinese 

 9   American community, and by the Korean American 

10   Association of Queens, representing the Korean 

11   community.

12                And what do they do?  Well, they 

13   have the parade, we have lion dances where the 

14   lions come out and celebrate, and firecrackers 

15   and -- how do we explain -- people eat.  And we 

16   like to think in Flushing that we have the best 

17   Chinese restaurants, the best Korean and Thai in 

18   all of the Asian communities combined.

19                But it's more important than that.  

20   It's the time when families come together to 

21   celebrate their rich cultural heritage.  And this 

22   wasn't possible until 2016, when the City of 

23   New York declared it a school holiday.  Before 

24   that, parents had to choose whether to send their 

25   kids to school or to celebrate.  Now they can do 


                                                               1023

 1   both, and without missing school.

 2                The parades and the celebration and 

 3   the resolution here today demonstrate the growing 

 4   importance of the Asian-American community.  They 

 5   are a vital part of the growth that has occurred 

 6   in the City of New York.  And I invite you all to 

 7   come to Flushing, and you'll see construction 

 8   cranes, you'll see activity -- perhaps at times 

 9   too much activity.  But people celebrate each 

10   other's heritage.  We celebrate together, and I 

11   think that's what makes Flushing such a wonderful 

12   place.

13                So let me wish everybody a very 

14   happy Lunar New Year.  With deference to my 

15   colleague:  Xin Nian Kuai Le, which is "Happy New 

16   Year" in Mandarin; Gong Hei Fat Choi, which is 

17   Cantonese, I believe; and in Korean, it's Saehae 

18   Bok Manhi Baduseyo.  And in any language, it's an 

19   opportunity to enjoy New York.

20                Thank you, Mr. President.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Liu on the resolution.

23                SENATOR LIU:   Thank you, 

24   Mr. President, for this opportunity to talk about 

25   this resolution and to honor this very important 


                                                               1024

 1   holiday.  New Year's is the most important 

 2   holiday in the Asian community.  And you know, 

 3   being Asian -- and I have been Asian my whole 

 4   life --

 5                (Laughter.)

 6                SENATOR LIU:   -- this is an 

 7   important holiday that I've grown up with all my 

 8   life, and it's very fitting that this body 

 9   recognizes it as such.  

10                I want to thank Senator Kavanagh for 

11   his ongoing leadership in putting this resolution 

12   together.  He has done this in the past.  And I 

13   want to thank all my colleagues for recognizing 

14   this important holiday.  

15                And I want to thank Senator Stavisky 

16   for always giving me lessons in Chinese.  Thank 

17   you, Toby.

18                (Laughter.)

19                SENATOR LIU:   Beyond the food, 

20   beyond the festivities, beyond the firecrackers, 

21   beyond the parades, the Asian community in 

22   New York State and specifically in New York City 

23   is among the fastest if not the fastest-growing 

24   population.  And as such, it's not just about 

25   festivities and symbolisms that the community 


                                                               1025

 1   seeks; the community also seeks proper 

 2   representation.

 3                And, you know, I am -- it turns out 

 4   that Kevin Thomas and I are the first 

 5   Asian-Americans in this body.  I'm the first 

 6   Chinese American in the State Senate.  I always 

 7   say I wish I was the ninth or tenth, because 

 8   there should have been a long time ago.  

 9                But it is about not just recognizing 

10   a holiday, but recognizing a community and making 

11   sure that the voicing of the community is heard.  

12   And that's why many people are especially happy 

13   to turn the page from last year into the new 

14   year, the Year of the Pig, last year being a year 

15   of tremendous offense and disrespect to the 

16   community on one particular issue of grave 

17   importance to the Asian-American community, an 

18   educational issue.  An issue that the 

19   administration of the City of New York chose to 

20   completely disregard and disrespect the opinions 

21   of the Asian-American community.  

22                I hope that we can help rectify that 

23   situation in this body going forward, because it 

24   is the Year of the Pig; as most people would say, 

25   a very fortuitous year.  And with that, I say 


                                                               1026

 1   Happy Pigs.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Gounardes on the resolution.

 5                SENATOR GOUNARDES:   Thank you, 

 6   Mr. President.  

 7                And I want to thank all my 

 8   colleagues who spoke on this resolution.  And not 

 9   to take anything away from my colleague Senator 

10   Liu or Senator Thomas, I did a 23 and Me test and 

11   I am part West Asian because my family hails from 

12   parts of western Asia, in modern-day Turkey.  A 

13   different large continent, but I do share a 

14   little bit of that claim.

15                But I rise today to celebrate the 

16   Lunar New Year that's being celebrated in 

17   communities across this entire state.  And I want 

18   to wish all those who celebrate this very, very 

19   special holiday a happy, healthy and prosperous 

20   year ahead.  

21                As has already been noted, this year 

22   marks the Year of the Pig.  And it is said that 

23   if you are born during the Year of the Pig, you 

24   are generally philanthropic, you have a love for 

25   life, you're disciplined and hardworking, and you 


                                                               1027

 1   are extremely friendly.  

 2                We should all take a moment to 

 3   reflect upon this.  It seems particularly 

 4   poignant in this era and this age of divisiveness 

 5   that we're living in.  So in honor of the Year of 

 6   the Pig, let us make a promise to ourselves and 

 7   our communities to give back some way, to show 

 8   kindness and friendship and understanding towards 

 9   all those that we interact with.  

10                I rise in honor of my constituents.  

11   I know everyone's taking claim for having the 

12   best community in New York City.  I think that 

13   here in Brooklyn we're pretty special too.  I 

14   represent parts of Sunset Park and Dyker Heights 

15   and Bensonhurst and Gravesend, and we have a very 

16   large and vibrant Chinese-American community.  I 

17   rise in honor of them.  I rise to salute them.  

18                And I wish them all, and everyone 

19   who celebrates, a prosperous year ahead that 

20   inspires us to be the very best version of 

21   ourselves.  Gong Hei Fat Choi -- Happy New Year.

22                Thank you.  

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Jackson on the resolution.

25                SENATOR JACKSON:   Thank you, 


                                                               1028

 1   Mr. President.  

 2                My colleagues, I rise in order to 

 3   support the resolution and say that I wish all 

 4   the Asian communities a happy Lunar New Year.  

 5                I remember, growing up, when my dad 

 6   used to give us all our red envelopes, obviously 

 7   with brand-new bills in it, and give us the 

 8   tangerines and cook Chinese food for us.  And 

 9   even I still have that tradition of giving my 

10   girls, who are now 43, 38, and 32, and my 

11   grandsons, nine and six -- they are expecting 

12   their red envelopes and I will definitely, when I 

13   get home, make sure that I get that to them.

14                But it's important to know that this 

15   is a celebration around the world.  And I 

16   celebrate it with not only everyone but also my 

17   father, Eddie York Chu, who was a Chinese 

18   immigrant.  

19                With that I say I vote yes on the 

20   resolution and I wish everyone a happy Lunar 

21   New Year.

22                ACTING PRESIDENT BENJAMIN:   The 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               1029

 1                ACTING PRESIDENT BENJAMIN:   

 2   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is adopted.

 6                Senator Biaggi.

 7                SENATOR BIAGGI:   Yes.  At the 

 8   request of Senator Kavanagh, the resolution is 

 9   open for cosponsorship.

10                ACTING PRESIDENT BENJAMIN:   This 

11   resolution is open for cosponsorship.  Should you 

12   choose not to be a cosponsor of the resolution, 

13   please notify the desk.

14                Senator Biaggi.

15                SENATOR BIAGGI:   Yes, 

16   Mr. President.  On behalf of Senator Martinez, on 

17   page 9 I offer the following amendments to 

18   Calendar Number 61, Senate Print Number 1719A, 

19   and ask that said bill retain its place on the 

20   Third Reading Calendar.

21                ACTING PRESIDENT BENJAMIN:   The 

22   amendments are received, and the bill shall 

23   retain its place on the Third Reading Calendar.

24                Senator Biaggi.

25                SENATOR BIAGGI:   Mr. President, is 


                                                               1030

 1   there any further business at the desk?

 2                ACTING PRESIDENT BENJAMIN:   There 

 3   is no further business at the desk.

 4                SENATOR BIAGGI:   That being the 

 5   case, I move to adjourn until Monday, 

 6   February 11th, at 3:00 p.m., intervening days 

 7   being legislative days.

 8                ACTING PRESIDENT BENJAMIN:   On 

 9   motion, the Senate stands adjourned until Monday, 

10   February 11th, at 3:00 p.m., intervening days 

11   being legislative days.

12                (Whereupon, at 1:20 p.m., the Senate 

13   adjourned.)

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