Regular Session - January 29, 2020
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 29, 2020
11 11:20 a.m.
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14 REGULAR SESSION
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18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 January 28, 2020, the Senate met pursuant to
17 adjournment. The Journal of Monday, January 27,
18 2020, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Mr. President,
7 at this point can we begin by taking up the
8 reading of the calendar.
9 ACTING PRESIDENT BENJAMIN: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number 181,
12 Senate Print 4835, by Senator Carlucci, an act to
13 amend the Mental Hygiene Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 55.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 186, Senate Print 3412, by Senator Martinez, an
3 act to amend the Agriculture and Markets Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 60th day after it
8 shall have become a law.
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 186, those Senators voting in the
16 negative are Senators Akshar and Amedore.
17 Ayes, 53. Nays, 2.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 202, Senate Print 7310, by Senator Kennedy, an
22 act to amend the Labor Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This act
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1 shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2019.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 202, those Senators voting in the
10 negative are Senators Akshar, Amedore, Borrello,
11 Flanagan, Funke, Gallivan, Griffo, Helming,
12 Jacobs, Jordan, Lanza, Ortt, Ritchie, Serino and
13 Tedisco. Also Senator O'Mara.
14 Ayes, 39. Nays, 16.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 205, Senate Print 7313, by Senator Skoufis, an
19 act to amend the Election Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the same date and in the
24 same manner as a chapter of the Laws of 2019.
25 ACTING PRESIDENT BENJAMIN: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 205, voting in the negative:
7 Senator Akshar.
8 Ayes, 54. Nays, 1.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 216, Senate Print 6199, by Senator Jackson, an
13 act to amend the Private Housing Finance 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 Announce the results.
23 THE SECRETARY: Ayes, 55.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 223, Senate Print 6153, by Senator Sepúlveda, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 223, those Senators voting in the
15 negative are Senators Jacobs, Jordan, Ortt,
16 O'Mara and Robach.
17 Ayes, 50. Nays, 5.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 225, Senate Print 4408, by Senator Gounardes, an
22 act to amend the Real Property Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 120th day after it
2 shall have become a law.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 225, those Senators voting in the
10 negative are Senators Flanagan and Gallivan.
11 Ayes, 53. Nays, 2.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 227, Senate Print 5557A, by Senator
16 Stewart-Cousins, an act to amend the Real
17 Property Tax Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
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1 Carlucci to explain his vote.
2 SENATOR CARLUCCI: Thank you,
3 Mr. President.
4 I want to thank our Majority Leader,
5 Andrea Stewart-Cousins, for sponsoring this
6 important legislation.
7 Unfortunately, in Rockland and
8 Westchester Counties we pay some of the highest
9 property taxes not only in the state but in the
10 nation, so this legislation is well overdue.
11 It's time that we raised the income eligibility
12 for our seniors and people living with
13 disabilities to qualify for a property tax
14 exemption. I believe this will help thousands of
15 New Yorkers throughout New York State to remain
16 in their homes and live an independent,
17 productive life.
18 So I want to thank my colleagues for
19 supporting this important legislation. We must
20 continue to fight these regressive taxes like
21 property taxes, make them more progressive. This
22 is a way to do it. I want to thank Majority
23 Leader Andrea Stewart-Cousins and all my
24 colleagues for supporting this legislation.
25 Thank you, Mr. President.
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1 ACTING PRESIDENT BENJAMIN: Senator
2 Carlucci to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 228, Senate Print 3099, by Senator Addabbo, an
9 act to amend the Civil Service Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 228, voting in the negative:
21 Senator Savino.
22 Ayes, 54. Nays, 1.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 259, Senate Print 7236, by Senator Myrie, an act
2 to amend the Election Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
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: Ayes, 55.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 Senator Gianaris, that completes the
16 reading of today's calendar.
17 SENATOR GIANARIS: At this point
18 can we return to motions and resolutions. Please
19 take up previously adopted Resolution 2689, by
20 Senator Kavanagh, read that resolution's title
21 only, and recognize Senator Kavanagh.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 2689, by Senator Kavanagh, recognizing
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1 January 29, 2020, as Student Press Freedom Day.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Kavanagh on the resolution.
4 SENATOR KAVANAGH: Thank you,
5 Mr. President.
6 This day is recognized nationally by
7 the Student Press Law Center and many legislative
8 bodies throughout the country as Student Press
9 Freedom Day. It is part of a larger effort to
10 secure the rights of student journalists across
11 the country. It's a national day when we
12 celebrate the contributions of high school
13 student journalists and also highlight the fact
14 that under current law in many states, these
15 journalists are subject to censorship.
16 You know, we've all seen, in recent
17 years particularly, an upsurge of activism and
18 enthusiasm among students who are exercising
19 their right to protest, exercising their right to
20 have strong opinions and have their voices heard
21 with respect to many issues that are before us in
22 this chamber.
23 But unfortunately in a Supreme Court
24 case in 1988 called Hazelwood, the decision was
25 that these journalists are permitted to be
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1 censored by their schools. So while they may
2 have the right to wear armbands and do other
3 things to express themselves during the
4 school day, ironically the students who the
5 school chooses and who choose to be
6 journalists are subject to censorship.
7 So again, we understand the growing
8 importance of good, independent journalism. We
9 understand that in our high schools we have the
10 students who we hope will be leading the
11 journalistic profession in the long run, and it
12 is important that we acknowledge that they have
13 the right to express themselves as journalists in
14 a responsible way while they're learning the
15 craft.
16 So I appreciate the opportunity to
17 speak on this resolution, and the resolution is
18 open to sponsorship by anyone who wants to join
19 us.
20 ACTING PRESIDENT BENJAMIN: The
21 resolution was previously adopted on
22 January 28th.
23 Senator Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 as you heard, Senator Kavanagh would like to open
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1 that resolution for cosponsorship.
2 ACTING PRESIDENT BENJAMIN: The
3 resolution is open for cosponsorship. Should you
4 choose not to be a cosponsor of the resolution,
5 please notify the desk.
6 Senator Gianaris.
7 SENATOR GIANARIS: Mr. President,
8 on behalf of the Majority Leader, there are
9 handups related to Majority Conference membership
10 changes, as well as handups related to Minority
11 membership changes, in consultation with Minority
12 Leader Flanagan. I ask that both be filed in the
13 Journal.
14 ACTING PRESIDENT BENJAMIN: The
15 handups are received and will be filed in the
16 Journal.
17 SENATOR GIANARIS: Is there any
18 further business at the desk?
19 ACTING PRESIDENT BENJAMIN: There
20 is no further business at the desk.
21 SENATOR GIANARIS: I move to
22 adjourn until Monday, February 3rd, at 3:00 p.m.,
23 intervening days being legislative days.
24 ACTING PRESIDENT BENJAMIN: On
25 motion, the Senate stands adjourned until Monday,
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1 February 3rd, at 3:00 p.m., intervening days
2 being legislative days.
3 (Whereupon, at 11:29 a.m., the
4 Senate adjourned.)
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