Regular Session - January 22, 2020

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 22, 2020

11                      3:37 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT MAYER:   The Senate 

 3   will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT MAYER:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT MAYER:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   January 21, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, January 20, 

18   2020, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT MAYER:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator May moves 


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 1   to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 8956 and substitute it for 

 3   the identical Senate Bill 7162, Third Reading 

 4   Calendar 86.

 5                ACTING PRESIDENT MAYER:   

 6   Substitution so ordered.

 7                THE SECRETARY:   Senator Sanders 

 8   moves to discharge, from the Committee on Higher 

 9   Education, Assembly Bill Number 2405 and 

10   substitute it for the identical Senate Bill 7118, 

11   Third Reading Calendar 132.

12                ACTING PRESIDENT MAYER:    

13   Substitution so ordered.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Thank you, 

22   Madam President.  

23                On behalf of Senator Thomas, on 

24   page 19 I offer the following amendments to 

25   Calendar Number 150, Senate Print 6727A, and ask 


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 1   that said bill retain its place on the Third 

 2   Reading Calendar.

 3                ACTING PRESIDENT MAYER:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on the Third Reading Calendar.

 6                SENATOR GIANARIS:   And on behalf of 

 7   Senator Ramos, on page 19 I offer the following 

 8   amendments to Calendar Number 169, Senate Print 

 9   6726, and ask that said bill retain its place on 

10   the Third Reading Calendar.

11                ACTING PRESIDENT MAYER:   The 

12   amendments are received, and the bill shall 

13   retain its place on the Third Reading Calendar.

14                SENATOR GIANARIS:   At this time, 

15   Madam President, I move to adopt the 

16   Resolution Calendar, with the exception of 

17   Resolutions 2478 and 2583.

18                ACTING PRESIDENT MAYER:   All in 

19   favor of adopting the Resolution Calendar, with 

20   the exception of Resolutions 2478 and 2583, 

21   please signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT MAYER:   Opposed, 

24   nay.

25                (No response.)


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 1                ACTING PRESIDENT MAYER:   The 

 2   Resolution Calendar is adopted.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Madam President, 

 5   at this time I'd like to acknowledge a group 

 6   that's with us in the gallery.  The New York 

 7   Immigration Coalition is here in Albany doing 

 8   their work today.  

 9                This is their 33rd year of work on 

10   behalf of the communities in New York.  And 

11   there's no state that is more defined by 

12   immigrants and the contributions they've made to 

13   our state than New York.  And so the work that 

14   NYIC has done is one that has left its mark on 

15   our state in a very positive way, and I want you 

16   to please recognize them, thank them for their 

17   good work, and welcome them here to our chamber 

18   today.

19                ACTING PRESIDENT MAYER:   To our 

20   guests, I welcome you on behalf of the Senate.  

21   We extend to you the privileges and courtesies of 

22   the house.  Thank you for your work.  Please rise 

23   and be recognized.

24                (Standing ovation.)

25                ACTING PRESIDENT MAYER:   Senator 


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 1   Gianaris.

 2                SENATOR GIANARIS:   Thank you.

 3                At this time, Madam President, can 

 4   we take up Resolution 2583, by Senator Kavanagh, 

 5   read that resolution's title only, and recognize 

 6   Senator Kavanagh.

 7                ACTING PRESIDENT MAYER:   The 

 8   Secretary will read.  

 9                THE SECRETARY:   Senate Resolution 

10   2583, by Senator Kavanagh, commemorating the 

11   Asian American community's celebration of the 

12   Lunar New Year, the Year of the Rat, on 

13   January 25, 2020.

14                ACTING PRESIDENT MAYER:   Senator 

15   Kavanagh on the resolution.

16                SENATOR KAVANAGH:   Thank you, 

17   Madam President.

18                I rise to speak of this important 

19   resolution noting -- taking a pause in this 

20   chamber to note the oncoming Lunar New Year, 

21   which is January 25th and is the beginning of the 

22   year of the Rat.  

23                As we know, the Lunar New Year 

24   celebrated by Asian-Americans and indeed Asian 

25   people throughout the world, and some people of 


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 1   some other cultures and descents, is part of a 

 2   twelve-year cyclical calendar, with each year 

 3   symbolized by a particular animal.  

 4                This year we have this resolution, 

 5   which we've done many years.  I should note at 

 6   the outset that it is cosponsored by Senators 

 7   Liu, Gounardes, Stavisky, Metzger and Montgomery.  

 8   And I think we'll hear from a number of people 

 9   here today.

10                But the Lunar New Year is of course 

11   an opportunity for us to celebrate the great 

12   cultural diversity of our country, the 

13   contribution of Asian-Americans to our country 

14   over many years, and also the diversity within 

15   the Asian-American community.  Many people of 

16   many different cultural backgrounds celebrate 

17   this as the principal holiday of the year, and 

18   indeed the most important of new year festivals.  

19                People celebrate particularly -- 

20   with particular enthusiasm in my own community 

21   that I represent in Chinatown in Lower Manhattan.  

22   There will be a great firecracker festival this 

23   weekend, and in a couple of weeks the great 

24   Chinese New Year Parade, which is, in my humble 

25   opinion, the best of the Chinese New Year 


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 1   parades, although we may hear from others in this 

 2   chamber about other commemorations.  

 3                So again, I appreciate the 

 4   opportunity to speak on this resolution and take 

 5   this opportunity to wish all who celebrate this 

 6   holiday a great and wonderful New Year and a 

 7   prosperous year going ahead.

 8                ACTING PRESIDENT MAYER:   Thank you, 

 9   Senator Kavanagh.

10                Senator Liu on the resolution.

11                SENATOR LIU:   Thank you, 

12   Madam President, for the opportunity to speak on 

13   this.  I want to thank Senator Kavanagh for 

14   introducing this resolution.  

15                What can I say -- have dinner with 

16   your folks on Friday or Saturday, depending on 

17   your preference, and don't wash your hair on 

18   Saturday.  It's the custom not to wash your hair 

19   on New Year's Day.  

20                Beyond that, I will say that about 

21   8 -- a little more than 8 percent of the people 

22   in this room were born in the Year of the Rat.  

23   Absolutely nothing wrong with being born in the 

24   Year of the Rat.  The Rat is a revered form of 

25   being, and you should be proud to be born in the 


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 1   Year of the Rat, which is what we're about to 

 2   ring in.  

 3                Thank you, Madam President.

 4                ACTING PRESIDENT MAYER:   Thank you, 

 5   Senator Liu.

 6                Senator Stavisky on the resolution.

 7                SENATOR STAVISKY:   Thank you, 

 8   Madam President.  

 9                And I too join in the celebration of 

10   the Year of the Golden Rat.  I represent a 

11   district in Queens, with Senator Liu, that has a 

12   great many people celebrating the Lunar New Year, 

13   and they celebrate it in so many different ways.  

14   They celebrate it with lion dancing.  Saturday we 

15   have a really, really large parade, Senator 

16   Kavanagh, in downtown Flushing, one of the 

17   largest in the country, with floats.  And the 

18   nice part about the Lunar New Year celebration in 

19   Flushing is that it's celebrated by all 

20   Asian-Americans -- not just the Chinese 

21   community, but the Korean community as well.  

22                They celebrate the year of the Rat, 

23   the Lunar New Year, with family gatherings.  

24   Families come together -- they even come from 

25   China to the United States and to New York so 


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 1   that the whole family can celebrate.  And they 

 2   celebrate particularly with eating.  Food is an 

 3   important part, the dumplings and everything 

 4   else.  These are important ingredients, so to 

 5   speak, as the families celebrate the Lunar 

 6   New Year.  And in fact they celebrate by wearing 

 7   red.  That is another important ingredient in the 

 8   Asian-American community.

 9                But it's more than that.  It's more 

10   than the parades and the eating and everything 

11   else.  It shows the respect that the community 

12   has, and the city and state and nation have, for 

13   the Asian-American community.  They have made so 

14   many contributions to our culture, to our 

15   government, sharing their traditions, and we all 

16   celebrate together.  

17                And I wish everybody a very happy 

18   and prosperous Lunar New Year.  And as they say 

19   in Mandarin, Xin Nian Kuai Le.  And in Cantonese, 

20   it's Gong Hei Fat Choi.  And in Korean it's 

21   Saehae Bok Manhi Baduseyo.  And by learning these 

22   phrases and other phrases in the languages, I 

23   think we make government more accessible to the 

24   Asian-American community.  And they in turn have 

25   done so much for us.  


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 1                And I represent a district that is 

 2   more than half Asian-American, and I stand here 

 3   proudly and thank Senator Kavanagh for his 

 4   resolution.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Gounardes on the resolution.

 8                SENATOR GOUNARDES:   Thank you, 

 9   Mr. President.  

10                I too rise to celebrate the Lunar 

11   New Year celebration that we're about to embark 

12   on.  I represent a district that is nearly 

13   30 percent Asian-American.  And this is a very 

14   special time of the year we get to celebrate with 

15   this community that offers so much to the fabric 

16   of Southern Brooklyn.  I look forward to the 

17   month ahead.  We have so many parades and 

18   festivals and celebrations, so many feasts.  As 

19   Senator Stavisky said, this is a big holiday to 

20   eat at.  

21                And I look forward to this every 

22   single year, even before I was elected into 

23   office, because it becomes a tradition in the 

24   community, and one that so many people look 

25   forward to.  I look forward to celebrating with 


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 1   my neighbors yet again this year, the Year of the 

 2   Rat.  I wish all of my constituents and all who 

 3   celebrate the Lunar New Year a very happy and 

 4   prosperous year.  May this coming year be filled 

 5   with blessings, riches, and all that you desire.

 6                Thank you.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   question is on the resolution.  All in favor 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT BENJAMIN:    

12   Opposed?

13                (No response.)

14                ACTING PRESIDENT BENJAMIN:   The 

15   resolution is adopted.

16                Senator Gianaris.

17                SENATOR GIANARIS:   Mr. President, 

18   can we now please take up Resolution 2478, by 

19   Leader Stewart-Cousins, read that resolution in 

20   its entirety, and recognize Senator Bailey on 

21   that resolution.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Senate Resolution 

25   2478, by Senator Stewart-Cousins, commemorating 


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 1   the observance of the 35th Annual Martin Luther 

 2   King, Jr. Day in the State of New York, on 

 3   January 20, 2020.

 4                "WHEREAS, From time to time we take 

 5   note of certain individuals whom we wish to 

 6   recognize for their valued contributions and to 

 7   publicly acknowledge their endeavors which have 

 8   enhanced the basic humanity among us all; and 

 9                "WHEREAS, Attendant to such concern, 

10   and in full accord with its long-standing 

11   traditions, it is the custom of this Legislative  

12   Body to join the people of this great 

13   Empire State in proudly observing the 35th Annual  

14   Martin Luther King, Jr. Day in the State of 

15   New York, on January 20, 2020, taking note of his 

16   many accomplishments and contributions to 

17   mankind; and 

18                "WHEREAS, Dr. Martin Luther King, 

19   Jr. was born the grandson of a slave into a 

20   segregated society in Atlanta, Georgia, on 

21   January 15, 1929, and was instrumental in 

22   formulating a policy which ultimately destroyed 

23   legal apartheid in the southern states of our 

24   nation; and 

25                "WHEREAS, In February of 1968, 


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 1   Dr. Martin Luther King, Jr., spoke about the 

 2   inevitability of his death and hoped that when we 

 3   spoke of his life, we would not concentrate on 

 4   his academic achievements:  that he graduated  

 5   from Morehouse College, that he attended the 

 6   Crozer Theological Seminary and Boston 

 7   University, where he earned a doctorate in 

 8   systematic theology; and 

 9                "WHEREAS, Furthermore, Dr. Martin 

10   Luther King, Jr., did not find it important that 

11   we mention that he won the Nobel Peace Prize and 

12   over 300 other awards; and 

13                "WHEREAS, Dr. Martin Luther King, 

14   Jr.'s finest legacy of greater social justice for 

15   all Americans was truly reflected in his devotion  

16   to serve and respect others, and in his steadfast 

17   love for all humanity; and 

18                "WHEREAS, Standing in a long line of 

19   great American black leaders, Dr. Martin Luther 

20   King, Jr., represents the historical culmination 

21   and the living embodiment of a spirit of united 

22   purpose rooted in black African culture and the 

23   American dream; and 

24                "WHEREAS, An apostle of peace, 

25   Dr. Martin Luther King, Jr., fought unrelentingly 


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 1   for the civil rights of all Americans and taught  

 2   us that through nonviolence, courage displaces 

 3   fear, love transforms hate, acceptance dissipates 

 4   prejudice, and mutual regard cancels enmity; and 

 5                "WHEREAS, Dr. Martin Luther King, 

 6   Jr., manifestly contributed to the cause of 

 7   America's freedom, and his commitment to human 

 8   dignity is visibly mirrored in the spiritual, 

 9   economic, and political dimensions of the civil 

10   rights movement; and 

11                "WHEREAS, In addition, Dr. Martin 

12   Luther King, Jr.'s life was devoted to the 

13   liberation of his people, and his courage  

14   transcended the advocates of mindless 

15   retrenchment; and 

16                "WHEREAS, It is the sense of this 

17   Legislative Body that the common and shared 

18   responsibility of governance demands an 

19   irrevocable commitment to the preservation and 

20   enhancement of human dignity as exemplified by 

21   Dr. Martin Luther King, Jr.; and 

22                "WHEREAS, Upon the occasion of the 

23   celebration of the birthday of Dr. Martin Luther 

24   King, Jr., it is the practice of this Legislative 

25   Body to commemorate  the  heroic  efforts  of  


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 1   Dr. King, who loved and served humanity, and who 

 2   was a drum major for peace, justice and 

 3   righteousness; and 

 4                "WHEREAS, The 2020 Dr. Martin Luther  

 5   King, Jr., holiday observance marks the 

 6   91st anniversary of his birth, and the 35th 

 7   annual holiday celebrated in the State of 

 8   New York in his honor; now, therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to memorialize  

11   and pay tribute to the legendary life and 

12   achievements of Dr. Martin Luther King, Jr., upon 

13   the occasion of the anniversary of his birth and 

14   the celebration of Martin Luther King, Jr. Day in 

15   the State of New York and throughout the nation; 

16   and be it further 

17                "RESOLVED, That a copy of this  

18   resolution, suitably engrossed, be transmitted to 

19   the Black, Puerto Rican, Hispanic and Asian 

20   Legislative Caucus."

21                ACTING PRESIDENT BENJAMIN:    

22   Senator Bailey on the resolution.

23                SENATOR BAILEY:   Thank you, 

24   Mr. President.

25                I'm honored to be able to speak on 


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 1   behalf of Leader Stewart-Cousins on this 

 2   resolution, this incredibly important resolution, 

 3   one resolution that unifies instead of dividing.  

 4   It's not about policy, it's about people, it's 

 5   about purpose, it's about passion.  And Leader 

 6   Stewart-Cousins is the embodiment, the physical 

 7   embodiment of Dr. King's dream -- the first 

 8   African-American woman to ever lead a conference 

 9   in the history of the State of New York.  That is 

10   remarkable.  It's incredible.  

11                I think about Dr. King and what he 

12   did and what he accomplished, and I think about 

13   this past Monday where many of us, if not all of 

14   us, back in our districts, we went to churches 

15   and rallies and meetings and we spoke to 

16   different people, Mr. President.  And one of the 

17   things I want to make us aware of is that it's 

18   not a day off, it's a day on, as we've heard.  

19   And it's not just a day of service, as we've 

20   heard, but it's a day of reflection.  

21                It's a day of incredible reflection 

22   for me as I get closer to the age of 39, that 

23   magic number 39.  Dr. Martin Luther King, Jr., 

24   died at the age of 39, Mr. President.  And I am 

25   37.  And every year I reflect a little bit more 


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 1   about what I have not done that Dr. King was able 

 2   to get accomplished in his 39 years.  I think 

 3   about the 39 that I -- the only thing I have in 

 4   common with Dr. King is my license plate number, 

 5   Mr. President.  It's 39, and he was 39 when he 

 6   passed away.  

 7                I have a lot more to do.  We all 

 8   have a lot more to do.  But we have to do it in 

 9   an attitude and with an attitude of service.  And 

10   Dr. King's dream can't be realized on one day.  

11   We can't say all is great on Monday and on 

12   Tuesday we're back to the hate.  That's not what 

13   Dr. King stood for.  

14                And if you observe his day -- the 

15   only holiday named after a single man -- if you 

16   observe his day, then you should observe what his 

17   dream is 365, and not just on January 15th and 

18   the Monday that follows it.

19                You see, I think about Dr. King's 

20   quote:  "Life's most persistent and urgent 

21   question is what are you doing for others."  And 

22   that's the service component, Mr. President.  And 

23   we're lucky to serve in this body, despite your 

24   political ideology, what you may believe, where 

25   you come from.  I want us to understand something 


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 1   about the ability to serve that we have.  We are 

 2   63 people out of a state that is approximately 

 3   20 million people strong.  That is 0.00000315.  

 4   That's the only time I'll ever be a part of the 

 5   1 percent, Mr. President.

 6                (Laughter.)

 7                SENATOR BAILEY:   And it's a part of 

 8   the 1 percent that I cherish.  

 9                Dr. King also said everybody can be 

10   great because anybody can serve.  And we must 

11   serve.  Whatever it is that we believe in, we 

12   must serve the communities we come from -- 

13   capably, well, and with passion and purpose.

14                I think about the connection that 

15   Dr. King had to my own grandfather, James Thomas 

16   Bailey, the original J.T. Bailey, my hero.  They 

17   were both born in 1929, and they both had roots 

18   to Selma.  We know about the march on Selma.  And 

19   God bless Colonel Larkin, and I miss Colonel 

20   Larkin and his commentary about the days where he 

21   was around in the civil rights movement.  And you 

22   see it's not about party, it's about purpose, 

23   Mr. President.  

24                I think about 1929 and Selma in 

25   North Carolina -- the forgotten Selma, we like to 


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 1   call it in my family.  That's where my 

 2   grandfather was born.  I know if you ask my 

 3   family members, my grandpa was more Malcolm than 

 4   he was Martin.  He still believed in the mission.  

 5   He still believed that if we achieved together, 

 6   we could achieve greatness.  And that's what 

 7   we're here for -- for our children, for our 

 8   families, for our communities to achieve 

 9   greatness.  

10                But what about the greatness that 

11   seems to escape so many people?  Mr. President, 

12   you know I'm a fan of music, and specifically 

13   hip-hop music.  And I think about the rapper and 

14   actor Christopher Bridges, who many know as 

15   Ludacris.  And he has a song called "Do Your 

16   Time."  And he said, "I'd give my eyes to Stevie 

17   Wonder just to see what he's seen, but then I'd 

18   take them right back to see Martin Luther's 

19   dream.  I'd dream that I could tell Martin Luther 

20   we'd made it, but half of my black brothers are 

21   still incarcerated, locked up in a cell block, 

22   lost from shell shock."

23                It reminds me of the Letter from a 

24   Birmingham Jail, where Martin Luther King 

25   famously wrote:  "My friends, I must say to you 


                                                               254

 1   that we have not made a single gain in civil 

 2   rights without determined legal and nonviolent 

 3   pressure.  Lamentably, it is an historical fact 

 4   that privileged groups seldom give up their 

 5   privileges voluntarily.  Individuals may see the 

 6   moral light and voluntarily give up their unjust 

 7   posture; but, as Reinhold Niebuhr has reminded 

 8   us, groups tend to be more immoral than 

 9   individuals.

10                "We know through painful experience 

11   that freedom is never voluntarily given by the 

12   oppressor; it must be demanded" -- demanded -- 

13   "by the oppressed. Frankly, I have yet to engage 

14   in a direct action campaign that was 'well timed' 

15   in the view of those who have not suffered unduly 

16   from the disease of segregation.  For years now I 

17   have heard the word 'Wait!' It rings in the ear 

18   of every Negro with piercing familiarity.  This 

19   'Wait' has almost always meant 'Never.'  We must 

20   come to see, with one of our distinguished 

21   jurists, that 'justice too long delayed is 

22   justice denied.'

23                "We have waited for more than 340 

24   years for our constitutional and God-given 

25   rights.  The nations of Asia and Africa are 


                                                               255

 1   moving with jetlike speed toward gaining 

 2   political independence, but we still creep at 

 3   horse and buggy pace toward gaining a cup of 

 4   coffee at a lunch counter.  Perhaps it is easy 

 5   for those who have never felt the stinging darts 

 6   of segregation to say 'Wait.'"

 7                Mr. President, that's why we 

 8   couldn't wait to do what we had to do to make 

 9   sure we reform things.  That's why people march, 

10   Mr. President, because they're tired of waiting.  

11   People are tired of waiting.  And Martin Luther 

12   King, Jr. -- and it's hard for to be able to say 

13   this is what he would have wanted us to do, but 

14   that's what he said.  He was worried about us 

15   waiting for too long.  

16                And I think about what the dream is 

17   today.  How close are we to realizing that dream?  

18   And we know the dream through Leader Stewart- 

19   Cousins.  We know the dream through Speaker 

20   Heastie.  But we can't be silent.  Because, as 

21   Dr. King famously said, "Our lives end the day we 

22   begin to become silent about those things that 

23   matter."

24                So what matters?  Well, what matters 

25   is your impact.  Your impact is greater than you 


                                                               256

 1   can ever imagine.  You harness your energy, you 

 2   harness your passion and your direction, and you 

 3   make sure your passion has direction.  Because 

 4   I've said before, passion without purpose is 

 5   pointless.

 6                Now, I imagine while Dr. King worked 

 7   really hard, and as was read in the resolution, 

 8   he didn't want the accolades.  I'm sure he didn't 

 9   intend on being a legendary figure, that he'd be 

10   the first African-American to have this holiday 

11   named after him.  I imagine that he wasn't doing 

12   any of the work that he did in anticipation of 

13   having this day.  As he said, the time is always 

14   right to do what's right.  And that's why he did 

15   what he did.  He did what he had to do.  So many 

16   of us can do what we want to do.  

17                Freedom matters.  Opportunity 

18   matters.  Liberty matters.  And family matters.  

19   And I don't mean Steve Urkel, Mr. President.

20                (Laughter.)

21                SENATOR BAILEY:   Dr. King famously 

22   said, "I submit to you if a man has not 

23   discovered something he will die for, then he 

24   isn't fit to live."  

25                And that's my family, what they do, 


                                                               257

 1   what they teach me, what they do for me on a 

 2   daily basis.  You see, education is the great 

 3   equalizer, Mr. President.  And I think about my 

 4   daughter in school and what she's learning, and I 

 5   think about when she came home from school she 

 6   said, "I learned about Martin Luther King, Jr., 

 7   Dad.  Remember, I learned about him last year in 

 8   pre-K, but this is kindergarten.  We're learning 

 9   more."

10                (Laughter.)

11                SENATOR BAILEY:   I'm like, "All 

12   right, Giada.  Well, how much more did you 

13   learn?"  

14                "Well, Dad, I learned that -- do you 

15   know that he was arrested?"  

16                I'm like, "No, Giada, tell me more 

17   about how he was arrested." 

18                "He was arrested standing up for 

19   what he believed in."  

20                I was like, "Wow."  

21                And then she said, "You know what?  

22   You know what else, Dad?  You know what I think?"  

23                "Sure, Giada, what do you think?"  

24                "You know the people that arrested 

25   him?  They should have been arrested, because 


                                                               258

 1   they were in the way of his doing the right 

 2   thing."  

 3                Ladies and gentlemen, if a 

 4   5-year-old can figure that out, I think we can 

 5   all figure it out too.  What's right is right.  

 6   Fight for what's right.

 7                And I want you to understand that 

 8   what unites us will always be stronger than what 

 9   could ever divide us.  Dr. King reminds us that 

10   darkness cannot drive out darkness, only light 

11   can do that.  Hate cannot drive out hate, only 

12   love can do that.  

13                Whether you're from Broome County or 

14   the Bronx, you love your people.  Whether you 

15   like baccala or swordfish -- Mr. President, it's 

16   the same thing, if we're really talking about 

17   it -- whether you like callaloo or collard 

18   greens -- they're both vegetables, just a little 

19   different seasoning -- we all have the roots in 

20   the same things that we want.  We want our people 

21   to be better.  That's what Dr. King wanted.  

22   That's what I want for my kids, for Carina too.  

23   I didn't mention Carina.  She'll get mad if I 

24   didn't mention her.  

25                But in all seriousness, 


                                                               259

 1   Mr. President, it's an honor to be able to speak 

 2   on this every year, because this is the 

 3   anniversary of when I first spoke on the floor.  

 4   So it's always a moment of deep reflection for me 

 5   and deep gratitude for our leader, for being a 

 6   member of this body.  I do, because King dreamed.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Liu on the resolution.  

10                SENATOR LIU:   Thank you, 

11   Mr. President.

12                It's tough to follow that act, 

13   Senator Bailey.

14                I agree with everything he said.  I 

15   Just want to say that, you know, as an 

16   Asian-American, as an immigrant here, I do not 

17   believe that I would be in this position or even 

18   in this country if not for the civil rights 

19   movement that was really in many ways sparked by 

20   the late Reverend Dr. Martin Luther King, Jr. 

21                So I stand in reverence to him, his 

22   legacy, and honored him on his day with service 

23   as well as speaking at a number of events in 

24   order to project his legacy.

25                Thank you, Mr. President.


                                                               260

 1                ACTING PRESIDENT BENJAMIN:    

 2   Senator Sanders on the resolution.

 3                SENATOR SANDERS:   Thank you, 

 4   Mr. President.

 5                I have to commend the leader for 

 6   coming up with this resolution.  And the two 

 7   previous speakers, they were very eloquent.  

 8                But Mr. President, I have discovered 

 9   something that troubles me when I think of the 

10   Reverend Dr. Martin Luther King, Jr.  I 

11   discovered that there's a process where we're 

12   really fighting whether he is a monument or 

13   whether he is a reflection of a movement.

14                Now, I have found that systems that 

15   want to get rid of folks sometimes promote them 

16   up.  Sometimes they deify and ossify.  They 

17   encase a person in a stone, perhaps down in D.C., 

18   and say here lies this great movement, and all of 

19   the things that were involved have been encased 

20   there.  We need not speak of this any further.  

21   It is over.  We can all go out and look at the 

22   monument and say, Well, everything was done.

23                However, I understand that a 

24   movement moves.  That Martin Luther King, Jr., 

25   the Reverend Doctor, was a man of movement.  That 


                                                               261

 1   a movement, by its very nature, has to move.  And 

 2   that the problems that were being addressed by 

 3   the Reverend Doctor are not, have not been 

 4   resolved.  It is an ongoing process.  It is an 

 5   American process.  It's as American as apple pie.  

 6   And we have to find our way into this movement.

 7                Now, we are blessed, we 63 who are 

 8   here, we are blessed.  We don't have to say what 

 9   we would do in those days.  We get a chance to do 

10   it every day.  We get a chance to live his dream 

11   every single day.  In fact, we're in the middle 

12   of his dream -- or his nightmare -- now.  We're 

13   dealing with the budget.  We're dealing with are 

14   we going to see what Martin Luther King spoke of 

15   or are we going to encase it in stone, move it 

16   away and push everything under the carpet, if you 

17   wish.

18                It's easy in one sense.  It's easy 

19   if you just keep it simple.  Before anyone has 

20   cake, we all should have bread.  That simple.

21                So I close, Mr. President, in 

22   paraphrasing one of the Reverend Dr. Martin 

23   Luther King's favorite scriptures.  It comes from 

24   the Book of Amos.  Everyone should dig it out and 

25   get used to that book.  He says that we have to 


                                                               262

 1   keep fighting until justice flows down like a 

 2   mighty stream and righteousness flows down like a 

 3   mighty river.

 4                Thank you very much, Mr. President.  

 5   Let us not entomb Martin Luther King; let us 

 6   rather join the movement for justice.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Robach on the resolution.

 9                SENATOR ROBACH:   Yes, 

10   Mr. President, I would also -- I'm happy to rise 

11   and glad we do this resolution every year here.  

12   I think it's important and fitting.  

13                And I'm also very glad to come from 

14   the City of Rochester, where we have a number of 

15   celebrations, workshops, activities to do and 

16   implement and continue to do Dr. King's work.  I 

17   think that's critically important.  I would agree 

18   with the other speakers that this is -- should be 

19   a 365-day event.

20                And I would say this on a personal 

21   note.  I'm a little bit older than Senator 

22   Bailey's 37 years, but I remember profoundly in 

23   1968, when Dr. King was assassinated, the horror 

24   my mother had and couldn't uncontrollably stop 

25   crying and thought it was so terrible.  I don't 


                                                               263

 1   know if that's what affected me, but throughout 

 2   my life as a young man and an old man, I've 

 3   probably read more things about Dr. King than any 

 4   other person.  

 5                And he was, just simplistically, not 

 6   only fair but a brilliant person.  And it's so 

 7   hard -- and a religious person.  And a 

 8   Republican.  

 9                (Laughter.)

10                SENATOR ROBACH:   It was hard for 

11   him to be a person of peace and implement that, 

12   as my father said, not only talk the talk but 

13   walk the walk.  When people spit in his face and 

14   verbally abused him, physically abused him, 

15   arrested him, as your daughter said, he stuck to 

16   his principles.  And it made an impact.  Because 

17   for a lot of people that were on the fence, 

18   walking the walk and talking the talk did it.  

19                He really is a great person, a great 

20   human being.  And it is important that children 

21   learn it, the next generation, and that we honor 

22   it.  Because great people should be emulated.  

23                And you've already done a lot of 

24   quotes, and I do love that one too, but it's 

25   never the wrong time to do the right thing.  But 


                                                               264

 1   the one that always sticks out in my head so 

 2   simplistically, because no one can argue that:  

 3   No one wants to be judged by anything else but by 

 4   what they do and the content of their character, 

 5   nothing else.  And Dr. King epitomized that, 

 6   sacrificed, and was struck down in his prime 

 7   because that was his core belief and he wanted to 

 8   make others know it was the right thing to do.  

 9                So thank you for this resolution; 

10   very fitting that we honor this great American.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Funke on the resolution.

14                SENATOR FUNKE:   Thank you, 

15   Mr. President.  And I thank the -- Leader 

16   Stewart-Cousins for bringing this resolution 

17   forward.  

18                I think a lot of us today, while we 

19   honor Dr. Martin Luther King, we think of 

20   Colonel Larkin as well, and Senator Bailey 

21   brought that up in his stories, who so eloquently 

22   told about protecting the marchers on Selma that 

23   day.  None of us on this side can be as eloquent 

24   as Colonel Larkin was, and we miss him and we 

25   love him and we think about him today.  


                                                               265

 1                But as we pause to honor the good 

 2   work of Dr. Martin Luther King, it's important to 

 3   reflect, I think, on some of his most enduring 

 4   contributions.  His thirst for justice from a 

 5   Birmingham jail, the eloquent inspiration at the 

 6   March on Washington and the enduring achievement 

 7   he realized with the passage of the Civil Rights 

 8   Act in 1964.  

 9                But we should also remember that 

10   Dr. King was first and foremost a man of God.  He 

11   had a deep and abiding faith in our Lord, and his 

12   public life was influenced and directed by that 

13   faith.  In this age of conflict and turmoil, 

14   let's also remember what I consider and Senator 

15   Robach considers to be perhaps the most important 

16   message, that we must not judge people by the 

17   color of their skin but by the content of their 

18   character.  If we all took that message to heart, 

19   wouldn't the world be a better place and our 

20   lives be vastly improved?  

21                So we thank you for all that you did 

22   to change our country for the better, Dr. King.  

23   May your words, faith and may your example 

24   continue to change the hearts of all in this 

25   turbulent time.  


                                                               266

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Little on the resolution.

 4                SENATOR LITTLE:   Thank you, 

 5   Mr. President.

 6                This past weekend I had the 

 7   privilege of attending three Martin Luther King 

 8   memorial services.  And at the first one we had a 

 9   young man who in high school memorized the "I 

10   Have a Dream" speech.  His name is Trevor, and he 

11   is, 10 years later, still giving the speech.  But 

12   he gave it with such passion, compassion, and 

13   unbelievable emphasis on all of the words that I 

14   actually closed my eyes and pictured Dr. King 

15   giving that speech in front of us.  

16                But the speech truly was about 

17   working together and the need for all of us to 

18   work together in a better way in order to 

19   accomplish much more.

20                So the next day I did a little 

21   research and started looking at some of the 

22   readings and speeches of Dr. King, and there was 

23   one that he gave at Queens College in 1965.  And 

24   he gave the speech there because a young man, a 

25   college student, Andrew Goodman, had gone to 


                                                               267

 1   Alabama and had marched in one of the voting 

 2   rights marches and was killed, unfortunately.  

 3                And in his speech, which I would 

 4   like to quote, he just really says so much that 

 5   is so applicable throughout all of our lives.  

 6   And I do quote.

 7                "You love every man not because you 

 8   like him, not because his ways appeal to you, but 

 9   as theologians say, because God loves him.  You 

10   rise to the level of loving the person who does 

11   the evil deed while hating the deed that the 

12   person does.  You resist the evil with all of 

13   your might and all of our strength that you can 

14   muster.  You maintain this active goodwill.  

15   Knowing that hate destroys the hater as well as 

16   the hated."

17                And as he ended that speech, at the 

18   conclusion, being a man of faith and a minister, 

19   as he was, I would quote what he said then:  "I 

20   still have faith in the future.  However dark the 

21   night, however dreary the day, I still believe we 

22   shall overcome."  

23                And I think that's a message that 

24   applies today to all Americans.

25                So it's an honor, and thank you for 


                                                               268

 1   the resolution.

 2                ACTING PRESIDENT BENJAMIN:    

 3   Senator Krueger on the resolution.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.  

 6                I also want to thank Andrea 

 7   Stewart-Cousins for bringing this resolution 

 8   again.  

 9                Sometimes when you're in politics 

10   for a long time, and I'm starting to feel like I 

11   have been in it for a long time, you wonder where 

12   your mentorship comes from, what inspires you, 

13   what do you remember.  Certainly the teachings 

14   and the life of Martin Luther King is one of the 

15   things that I never lose track of.  The teachings 

16   and the life of Eleanor Roosevelt is someone else 

17   I never lose track of and turn to for 

18   inspiration.  

19                And I'm very glad that we videotape 

20   what gets said on this floor, because your 

21   children, Senator Jamaal Bailey, need to be able 

22   to, as they grow up, hear what you said today 

23   about the fight, the march, the progress we must 

24   continue to make, and what you were doing for 

25   them -- and they're young, so I'm not sure 


                                                               269

 1   they'll understand it all, even though at 5 your 

 2   one daughter seems scarily smart to put all of 

 3   this in perspective -- but for all of us, for 

 4   children, for grandchildren, to hear the next 

 5   generations of leaders in this country speak 

 6   about what they've learned and what they are 

 7   there to teach us as we go forward.

 8                So thank you all for speaking on 

 9   behalf of Dr. Martin Luther King today, but 

10   please, everybody's children, watch Jamaal 

11   Bailey's tape later on.

12                Thank you.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Savino on the resolution.

15                SENATOR SAVINO:   Thank you, 

16   Mr. President.

17                First I want to thank Senator Andrea 

18   Stewart-Cousins for bringing this resolution 

19   again.  

20                And I just want to touch on what 

21   Senator Krueger just said.  Because when 

22   Senator Bailey sat down, I turned to him and said 

23   "That might be the best speech you've ever given 

24   in your life."  And I absolutely believe that.  

25   It was heartfelt and it was brilliant.  


                                                               270

 1                And we have stood on this floor year 

 2   after year in recognition of the life of the 

 3   Reverend Dr. Martin Luther King.  And I, like 

 4   many of you, miss Senator Larkin for so many 

 5   reasons, but mostly because this was a day where 

 6   he got to share his role in history and meet 

 7   Dr. Martin Luther King.  

 8                I am considerably older than you, 

 9   Senator Bailey -- just about 18 years older than 

10   you -- but for me, the Reverend Dr. Martin Luther 

11   King was also a person in history.  I was born a 

12   month after the March on Washington, and I was in 

13   kindergarten when he was assassinated.  And so 

14   more for me he was a historic figure.  

15                And so for so many of you, when you 

16   talk about his role in the civil rights movement, 

17   it's so important.  But for me, I always reflect 

18   and I take to the floor every year to talk about 

19   his commitment to the labor movement.  

20                The Reverend Dr. Martin Luther King 

21   truly believed that workers were best served by 

22   unions.  In fact, he spoke in 1965 at the 

23   AFL-CIO's National Convention, where he said:  

24   "The labor movement was the principal force that 

25   transformed misery and despair into hope and 


                                                               271

 1   progress.  Out of its bold struggles, economic 

 2   and social reform gave birth to unemployment 

 3   insurance, old age pensions, government relief 

 4   for the destitute and, above all, new wage levels 

 5   that meant not mere survival but a tolerable 

 6   life."  

 7                He understand that the labor 

 8   movement was not just about money, that it was 

 9   about dignity for workers.  And it was that 

10   demand for dignity, that people be treated like 

11   human beings, that led him to Memphis in 1968, 

12   when he went to lead a march of a ragtag bunch of 

13   sanitation workers, AFSCME Local 1755, who were 

14   on strike against the City of Memphis.  

15                The City of Memphis didn't recognize 

16   their union, let alone their humanity.  Two of 

17   their workers had been brutally killed in the 

18   back of a sanitation truck because black 

19   sanitation workers in Memphis weren't allowed to 

20   wear uniforms, weren't allowed to ride in a 

21   truck.  And they were killed in the back when the 

22   truck malfunctioned.  The City of Memphis 

23   wouldn't recognize their union, their humanity, 

24   or their deaths.  And Dr. King went there to lead 

25   a strike.  


                                                               272

 1                And in fact it was in Memphis during 

 2   a rally for those workers that he delivered his 

 3   infamous "I Have a Dream" speech -- prophetic, 

 4   predicting his own death.  But he was there as a 

 5   band leader for justice for working people.

 6                Again, I was way too young to know 

 7   anything about him.  But in 1993, as an activist 

 8   with the parent organization AFSCME, I went to 

 9   Washington for the 30th anniversary of the March 

10   on Washington.  And I will tell you, 30 years 

11   after the first march, the passion, the 

12   commitment, the respect and the devotion to that 

13   man was as evident, as millions of people marched 

14   on Washington to celebrate not just his life or 

15   his legacy -- his commitment to working people, 

16   his commitment to civil rights, his commitment to 

17   a better America.

18                So if I'm here again next year, I 

19   will rise again to speak on Dr. King's role in 

20   the labor movement.  And I want to thank all of 

21   my colleagues for doing this every year, it is so 

22   critically important, and of course thank our 

23   leader for bringing this resolution to the floor.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT BENJAMIN:    


                                                               273

 1   Senator Montgomery on the resolution.

 2                SENATOR MONTGOMERY:   Thank you, 

 3   Mr. President.  

 4                I want to join my colleagues and 

 5   thank our leader for introducing this resolution 

 6   to remind us of the importance of one person who 

 7   is determined to deliver us to the extent that 

 8   they give their lives.

 9                I just want to -- I'm thinking about 

10   Dr. King and what it must have been when he 

11   started out in Montgomery.  And I want to pay 

12   tribute to the people who joined him for the bus 

13   boycott.  That must have been, for him, proof 

14   that if he built an organization, a movement in a 

15   certain way, that it would work.  That was his 

16   formula for success, that those people were 

17   willing to walk miles every day to get to work, 

18   to get to do whatever they had to do, to walk 

19   miles to show that they were no longer willing to 

20   live under this Jim Crow process where you -- to 

21   get on a bus, that you pay to get on the bus and 

22   you had to go to the back of the bus.  And if you 

23   sat in the wrong seat on the bus, you could be 

24   arrested.  And a lot of people were arrested 

25   before they started the boycott true -- in 


                                                               274

 1   reality.

 2                And they stuck with it.  He was a 

 3   leader that they agreed to listen to.  And that 

 4   must have really given him inspiration to go 

 5   forward with a movement that lasted way beyond.  

 6                And then I think about him and what 

 7   it must have been, how many hours and how many 

 8   times he was so afraid for his life, but he 

 9   figured this is what God has put me here to do.  

10   And that my people are going to be with me, and 

11   that I am going to be -- I have been called to 

12   deliver my people to a place, and if I don't get 

13   there with them, I still have to be in front and 

14   I still have to be working.  

15                So it was a movement to try and 

16   disband Jim Crow in the country.  So people 

17   couldn't vote.  People couldn't ride on the bus.  

18   People couldn't sit in the -- at the -- people 

19   couldn't go to a Woolworth counter and buy a 

20   hamburger.  And on and on.  So it was a terrible, 

21   terrible time for black people in this country.  

22                And he decided that he would put his 

23   life on the line and bring his people together 

24   and create a movement to disrupt this system.

25                So I have to -- sometimes I think, 


                                                               275

 1   when I sit and think, I really appreciate the 

 2   fact that people who don't know, didn't know 

 3   him -- I didn't know him -- but people who never 

 4   walked in those shoes, that they can still talk 

 5   about him.  I have to give you absolute, so much 

 6   admiration, because you didn't walk in those 

 7   shoes.  And you have to have walked in those 

 8   shoes.  You have to have sat and been looked down 

 9   upon because of the color of your skin.  You have 

10   to have been required to walk to school because 

11   there was no school bus to pick you up.  You have 

12   to have experienced such a level of disrespect 

13   and disregard and invisibility and violation and 

14   violence just because you're a person of color.  

15                So for people who never experienced 

16   that, I have to say I admire them.  So I admire 

17   my colleagues who really cannot possibly 

18   understand what Dr. King meant to America.

19                And so here is the man who, after 

20   all of his activity, after organizing us, 

21   after creating a pathway to a new life and a new 

22   possibility for people of color in this country, 

23   voting rights came about, civil rights came 

24   about.  These are the basic rights of Americans 

25   that people had to die for, that -- and right now 


                                                               276

 1   I think it is important that we're saying to 

 2   ourselves, to each other, to our children:  This 

 3   is what Dr. King meant.  We shall never, never 

 4   forget that, especially people of color.  

 5                But it is so inspiring too to see 

 6   people not of color, who never had to walk in 

 7   those shoes, never had to suffer what we had to 

 8   suffer, that they too can admire Dr. King.  So I 

 9   thank you for that.  

10                I thank our leader for giving us 

11   this chance every year, this chance this hour to 

12   say -- as I say, I saw a Harriet Tubman movie 

13   recently, and after seeing that, I no longer say 

14   Harriet Tubman, I say we are Harrieting.  

15   Harrieting.  We are standing up for what is right 

16   because we believe that Dr. King gave so much 

17   just for us to be able to stand here and speak 

18   about him and his movement.

19                So thank you, Mr. President.  And 

20   thank you, Leader Stewart-Cousins.

21                ACTING PRESIDENT BENJAMIN:   The 

22   question is on the resolution.  All in favor 

23   signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT BENJAMIN:    


                                                               277

 1   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   resolution is adopted.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, 

 7   at the request of the sponsors, the two 

 8   resolutions we just took up are open for 

 9   cosponsorship.

10                ACTING PRESIDENT BENJAMIN:   The 

11   resolutions are open for cosponsorship.  Should 

12   you choose not to be a cosponsor of the 

13   resolutions, please notify the desk.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Can we now take 

16   up the calendar, please.

17                ACTING PRESIDENT BENJAMIN:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 18, 

20   Senate Print 6939, by Senator Parker, an act to 

21   amend the Environmental Conservation Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

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


                                                               278

 1   same manner as a chapter of the Laws of 2019.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 62, 

11   Senate Print 5517, by Senator Bailey, an act to 

12   amend the Criminal Procedure Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 86, 


                                                               279

 1   Assembly Number 8956, substituted earlier by 

 2   Assemblymember Lupardo, an act to amend the Tax 

 3   Law and the Alcoholic Beverage Control Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 6.  This 

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

 8   same manner as a chapter of the Laws of 2019.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 86, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Borrello, 

17   Flanagan, Funke, Gallivan, Griffo, Helming, 

18   Jacobs, Jordan, Lanza, LaValle, Little, O'Mara, 

19   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

20   Seward and Tedisco.

21                Ayes, 40.  Nays, 21.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 88, 

25   Senate Print 7164, by Senator Mayer, an act to 


                                                               280

 1   amend a chapter of the Laws of 2019.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   same manner as a chapter of the Laws of 2019.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 88, voting in the negative:  

14   Senator Akshar.  

15                Ayes, 60.  Nays, 1.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 94, 

19   Senate Print 7170, by Senator Brooks, an act to 

20   amend the Military Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

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

25   same manner as a chapter of the Laws of 2019.


                                                               281

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 98, 

10   Senate Print 7174, by Senator Persaud, an act to 

11   amend the Social Services Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

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

16   same manner as a chapter of the Laws of 2019.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 98, voting in the negative:  

24   Senator Griffo.  

25                Ayes, 60.  Nays, 1.


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 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   107, Senate Print 7183, by Senator Kaplan, an act 

 5   to amend the State Administrative Procedure Act.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 5.  This 

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

10   same manner as a chapter of the Laws of 2019.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   108, Senate Print 7184, by Senator Gounardes, an 

21   act to amend the Real Property Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

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


                                                               283

 1   same manner as a chapter of the Laws of 2019.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 108, those Senators voting in the 

 9   negative are Senators Flanagan and Gallivan.

10                Ayes, 59.  Nays, 2.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   118, Senate Print 7194, by Senator Benjamin, an 

15   act to amend the Election Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

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

20   same manner as a chapter of the Laws of 2019.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


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 1                THE SECRETARY:   In relation to 

 2   Calendar Number 118, those Senators voting in the 

 3   negative are Senators Akshar, Amedore, Borrello, 

 4   Flanagan, Funke, Gallivan, Griffo, Helming, 

 5   Jacobs, Jordan, Lanza, LaValle, Little, O'Mara, 

 6   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

 7   Seward and Tedisco.

 8                Ayes, 40.  Nays, 21.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   123, Senate Print 3012, by Senator Gaughran, an 

13   act to amend the Navigation Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Senator Akshar to explain his vote.

23                SENATOR AKSHAR:   Mr. President, 

24   thank you.  

25                I'm always pleased and encouraged 


                                                               285

 1   when this house advances bills that of course 

 2   will help law enforcement and help our fire 

 3   departments, and I thank the sponsor for 

 4   advancing this piece of legislation.

 5                I can't help but think, 

 6   Mr. President, though, another day has gone by 

 7   and I would describe it as another missed 

 8   opportunity.  If my friends across the aisle want 

 9   to help law enforcement and they want to help the 

10   fire department, I would suggest that they dig 

11   deep and they find the political will to repeal 

12   what has been a disastrous piece of legislation 

13   by way of bail reform and discovery reform.  

14                That is what the vast majority of 

15   New Yorkers want us to do.  I think that's 

16   exactly what we should do.  This house should, in 

17   fact, repeal these particular pieces of 

18   legislation.  

19                I vote aye on this piece of 

20   legislation.  Thank you.

21                ACTING PRESIDENT BENJAMIN:    

22   Senator Akshar to be recorded in the affirmative.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Mr. President, I 

25   just want to remind my colleagues -- I'm happy to 


                                                               286

 1   let my colleague express his opinion on the vote, 

 2   and I didn't interrupt him.  But going forward, 

 3   let's try and keep our comments germane to the 

 4   bill that's before the house.  

 5                Thank you.

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   130, Senate Print 4873A, by Senator Stavisky, an 

13   act in relation to directing the Board of 

14   Trustees of the State University of New York and 

15   the City University of New York.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               287

 1   Calendar Number 130, voting in the negative:  

 2   Senator Lanza.

 3                Ayes, 60.  Nays, 1.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   132, Assembly Print 2405, substituted earlier by 

 8   Assemblymember Glick, an act to amend the 

 9   Education Law.

10                SENATOR GIANARIS:   Lay it aside for 

11   the day.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill will be laid aside for the day.

14                THE SECRETARY:   Calendar Number 

15   154, Senate Print 1265, by Senator Gianaris, an 

16   act to amend the State Administrative Procedure 

17   Act.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of January.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               288

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   160, Senate Print 5509, by Senator Metzger, an 

 7   act to amend the Alcoholic Beverage Control Law.

 8                SENATOR GIANARIS:   Lay it aside for 

 9   the day.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill will be laid aside for the day.

12                Senator Gianaris, that completes the 

13   reading of today's calendar.

14                SENATOR GIANARIS:   Is there any 

15   further business at the desk?

16                ACTING PRESIDENT BENJAMIN:   There 

17   is no further business at the desk.  

18                SENATOR GIANARIS:   I move to 

19   adjourn until tomorrow, Thursday, January 23rd, 

20   at 11:00 a.m.

21                ACTING PRESIDENT BENJAMIN:   On 

22   motion, the Senate stands adjourned until 

23   Thursday, January 23rd, at 11:00 a.m.

24                (Whereupon, at 4:32 p.m., the Senate 

25   adjourned.)