Regular Session - February 4, 2020

                                                                   477

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 4, 2020

11                      4:02 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               478

 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 for the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   We have 

 9   with us today Rabbi Yisroel Kahan, from Oizrim 

10   Jewish Council in Monsey.

11                Rabbi.

12                RABBI KAHAN:   Good afternoon.  

13                Thank you, Senator Carlucci, for the 

14   invitation.  It's a great honor.  

15                In Judaism we are taught to hold a 

16   high regard for law and order.  As our sages tell 

17   us:  Pray for the well-being of government, for 

18   in its absence, men would swallow one another 

19   alive.  

20                These are troubling times that we 

21   live in today, barely 75 years after the 

22   liberation of Auschwitz, and antisemitism is on 

23   the rise again.  The eyes of New Yorkers are upon 

24   you to pass legislation for a better and brighter 

25   tomorrow.  


                                                               479

 1                As the Talmud says, "He who saves 

 2   one life is as if he has saved the world entire."  

 3   And the reasoning behind it being that all the 

 4   good deeds that the person will do from today on 

 5   will be attributed to the rescuer.  

 6                So whether you're passing laws to 

 7   improve education, additional resources for those 

 8   battling, struggling with mental illness, 

 9   providing security for houses of worship and 

10   schools, or, as later today, you will be passing 

11   Stephen's Law, in memory of Stephen Canastraro, 

12   which will improve communication between -- with 

13   the families of those struggling with substance 

14   abuse addiction, you are the saviors of New York.  

15   You are our heroes.  

16                And so I will recite a prayer that 

17   we do every Saturday in the synagogue:  He who 

18   has blessed our fathers Abraham, Isaac and Jacob, 

19   may He bless the members of this chamber, along 

20   with all bodies of government, and may all those 

21   who engage with the needs of the public 

22   faithfully, may He reward them abundantly, may He 

23   cast away from them all illness, may He 

24   rejuvenate their bodies, and may He bestow grace 

25   and prosperity in all their endeavors.  


                                                               480

 1                And let us all say amen.  

 2                (Response of "Amen".)  

 3                ACTING PRESIDENT BENJAMIN:   Reading 

 4   of the Journal.

 5                THE SECRETARY:   In Senate, Monday, 

 6   February 3, 2020, the Senate met pursuant to 

 7   adjournment.  The Journal of Sunday, February 2, 

 8   2020, was read and approved.  On motion, Senate 

 9   adjourned.

10                ACTING PRESIDENT BENJAMIN:   Without 

11   objection, the Journal stands approved as read.

12                Presentation of petitions.

13                Messages from the Assembly.

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:   Mr. President, 

22   can we begin by taking up Resolution 2690, by 

23   Leader Andrea Stewart-Cousins, read it in its 

24   entirety, and recognize Leader Stewart-Cousins on 

25   the resolution.  


                                                               481

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Senate Resolution 

 4   2690, by Senator Stewart-Cousins, memorializing 

 5   Governor Andrew M. Cuomo to proclaim 

 6   February 2020 as Black History Month in the State 

 7   of New York.

 8                "WHEREAS, Black History Month, 

 9   previously known as Negro History Week, was 

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

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

12   has become a nationally recognized month-long  

13   celebration, held each year during the month of 

14   February to acknowledge and pay tribute to 

15   African-Americans neglected by both society and 

16   the history books; and 

17                "WHEREAS, The month of February 

18   observes the rich and diverse heritage of our 

19   great state and nation; and 

20                "WHEREAS, Black History Month seeks 

21   to emphasize black history is American history; 

22   and 

23                "WHEREAS, Black History Month is a 

24   time to reflect on the struggles and victories of 

25   African-Americans throughout our country's 


                                                               482

 1   history and to recognize their numerous valuable 

 2   contributions to the protection of our democratic 

 3   society in war and in peace; and 

 4                "WHEREAS, Some African-American 

 5   pioneers whose many accomplishments, all of which  

 6   took place during the month of February, went 

 7   unnoticed, as well as numerous symbolic events in 

 8   February that deserve to be memorialized  

 9   include:  John Sweat Rock, a noted Boston lawyer 

10   who became the first African-American admitted to 

11   argue before the U.S. Supreme Court on 

12   February 1, 1865, and the first African-American 

13   to be received on the floor of the U.S. House of 

14   Representatives; Jonathan Jasper Wright, the 

15   first African-American to hold a major judicial 

16   position, who was elected to the South Carolina 

17   Supreme Court on February 1, 1870; President 

18   Abraham Lincoln submits the proposed 13th 

19   Amendment to the U.S. Constitution, abolishing 

20   slavery, to the states for ratification on 

21   February 1, 1865; civil rights protester Jimmie 

22   Lee Jackson dies from wounds inflicted during a 

23   protest on February 26, 1965, leading to the 

24   historic Selma, Alabama, civil rights  

25   demonstrations, including Bloody Sunday, in which  


                                                               483

 1   600 demonstrators, including Martin Luther King, 

 2   Jr., were attacked by police; Autherine J. Lucy  

 3   became the first African-American student to 

 4   attend the University of Alabama, on February 3,  

 5   1956; she  was  expelled three days later 'for 

 6   her own safety' in response to threats from a 

 7   mob; in 1992, Autherine Lucy Foster graduated 

 8   from the university with a master's degree in 

 9   education, the same day her daughter, Grazia 

10   Foster, graduated with a bachelor's degree in 

11   Corporate finance; the Negro Baseball League was 

12   founded on February  3, 1920; Jack Johnson, the 

13   first African-American World Heavyweight Boxing 

14   champion, won his first title on February 3, 

15   1903; and Reginald F. Lewis, born on December 7, 

16   1942, in Baltimore, Maryland, received his law 

17   degree from Harvard Law School in 1968, and was a 

18   partner in Murphy, Thorpes & Lewis, the first 

19   black law firm on Wall Street, and in 1989, he  

20   became president and CEO of TLC Beatrice 

21   International Food Company, the largest 

22   black-owned business in the United States; and 

23                "WHEREAS, In  recognition of the 

24   vast contributions of African-Americans, a joyful  

25   month-long celebration is held across New York 


                                                               484

 1   State and across the United States, with many  

 2   commemorative events to honor and display the 

 3   cultural heritage of African-Americans; and 

 4                "WHEREAS, This Legislative Body 

 5   commends the African-American community for 

 6   preserving, for future generations, its  

 7   centuries-old traditions that benefit us all and 

 8   add to the color and beauty of the tapestry which 

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

10                "RESOLVED, That this Legislative 

11   Body pause in its deliberations to memorialize 

12   Governor Andrew M. Cuomo to proclaim February 

13   2020 as Black History Month in the State of 

14   New York; and be it further 

15                "RESOLVED, That copies of this 

16   resolution, suitably engrossed, be transmitted to 

17   the Honorable Andrew M. Cuomo, Governor of the  

18   State of New York, and to the events 

19   commemorating Black History Month throughout 

20   New York State."

21                ACTING PRESIDENT BENJAMIN:    

22   Majority Leader Stewart-Cousins on the 

23   resolution.

24                SENATOR STEWART-COUSINS:   Thank you 

25   so much, Mr. President.  


                                                               485

 1                And I want to thank Rabbi Yisroel 

 2   Kahan for your prayer today.  It's good to see 

 3   you, from my native -- my neighbor, as we're 

 4   Westchester County and I know you're Rockland.

 5                And, Mr. President, every year I'm 

 6   proud at this time to honor African-American 

 7   culture and history during this special month.  

 8   Not only because I'm African-American, but 

 9   because it shines a light on American history.  

10   And again, I recognize the rabbi because my 

11   remarks have so much to do with what's gone on 

12   over the past couple of months.

13                You know, over these past few months 

14   our state and country reeled following the 

15   horrific acts of antisemitism, and some 

16   unfortunately by African-Americans.  And I was 

17   repeatedly asked at menorah lightings why was 

18   there not more attention paid to the shared 

19   experiences of the black and Jewish communities 

20   in the struggle for justice.  

21                You know, I knew that Dr. King's 

22   1965 march on Selma was significant for so many 

23   reasons, but also because he linked arm in arm 

24   with Rabbi Heschel, forcing the nation to 

25   acknowledge the exclusion of black Americans from 


                                                               486

 1   the equality promised in our Constitution.  

 2                I was acutely aware of the critical 

 3   involvement of the Jewish community in the 

 4   founding of the NAACP, which happened right here 

 5   in New York.  

 6                And I also knew of Dr. King's 

 7   unequivocal and outspoken support of Jewish 

 8   people as he rebuked Hitler.  Dr. King famously 

 9   said, and I quote, "We should never forget that 

10   everything Adolf Hitler did in Germany was legal, 

11   and everything the Hungarian freedom fighters did 

12   in Hungary was illegal.  It was illegal to aid 

13   and comfort a Jew in Hitler's Germany.  Even so, 

14   I'm sure that had I lived in Germany at the time, 

15   I would have aided and comforted my Jewish 

16   brothers."

17                Sadly, it was shared oppression, 

18   dehumanization and marginalization that brought 

19   together blacks and Jews in a struggle to make 

20   America and the world recall and condemn 

21   injustice and inequality.

22                So with that thought, I asked my 

23   friend and Jewish Senator Shelley Mayer, whose 

24   district is intertwined with mine, to work with 

25   me on an educational project.  She agreed, and 


                                                               487

 1   because it is an educational endeavor, we engaged 

 2   one of the schools where we shared mutual 

 3   constituents.  

 4                The meeting at the school took 

 5   place, and I was amazed that there was a 

 6   discussion about whether or not we should 

 7   actually celebrate Black History Month at all.  

 8   You have some kids who argue it's insulting that 

 9   the accomplishments of blacks are relegated to 

10   one month, and the information was very often 

11   redundant -- same names, same stories.

12                In the end, we assured them that 

13   although this was being initiated during Black 

14   History Month, it was an important enough 

15   project, an important enough subject matter to be 

16   shared long after the month, because the 

17   achievements of black America and the 

18   partnerships because of our belief in the 

19   democracy and the ideals of this country are 

20   very, very important.

21                So I'm personally grateful to 

22   Dr. Carter G. Woodson for his insistence on 

23   setting aside the month of February.  As was said 

24   in the resolution, it was initially a week, but 

25   it was February because it celebrated the birth 


                                                               488

 1   of Abraham Lincoln and the birth of Frederick 

 2   Douglass.  That's why February was named.  

 3                And it was important to really 

 4   acknowledge the accomplishments of a community 

 5   who, in our founding documents, were classified 

 6   as three-fifths of a person.  That thinking 

 7   allowed for the systemic exclusion and 

 8   appropriation of black contributions in America.  

 9   And we are still battling that thinking in 2020.

10                As a nation, we should be told, 

11   reminded that blacks invented many of the things 

12   we use every day:  That Garrett Morgan invented 

13   the technology for the traffic light, and 

14   Frederick Jones invented refrigerated trucks, and 

15   Sarah Boone invented the ironing board.  

16   Dr. Patricia Bath, more recently, groundbreaking 

17   cataract treatment through laser surgery.

18                We should hear the names of 

19   Sojourner and Harry and Ida and Shirley and 

20   Constance Baker Motley, who was the first 

21   African-American Senator who served in this 

22   chamber.  We should hear about Martin and Malcolm 

23   and Frederick Douglass, who the president seemed 

24   to have thought was still alive last year.

25                Today, in a world teaming with 


                                                               489

 1   information and misinformation, it's sometimes 

 2   hard for our new generation to imagine a time in 

 3   America when black people were forbidden to read 

 4   or, just a little more than 50 years ago, attend 

 5   school with whites in the South.  It's hard to 

 6   imagine a time when black families were separated 

 7   and sold off to work for other people's profits.  

 8   Black History Month forces us to be reminded of 

 9   these not-too-distant historic realities.  

10                Black history also gives context to 

11   what we see today.  When we see children 

12   separated from their families, when we see 

13   intergenerational poverty and over-incarceration 

14   of black and brown bodies, it is contextual.  

15                Black History Month serves as a 

16   reminder that our stories are not always rooted 

17   in pain, but the story of African-Americans in 

18   America is also one of perseverance, ingenuity, 

19   strength, courage and resilience.  We celebrate 

20   black history because black activism has helped 

21   pave the way for others, other minorities, to 

22   have equal opportunities here in America.  Black 

23   history is American history.  Its lessons, its 

24   partnerships should be learned and repeated and 

25   understood daily.  


                                                               490

 1                When thinking about why it's 

 2   important to celebrate Black History Month, I'm 

 3   reminded of a quote by Alexis de Tocqueville:  

 4   "The greatness of America lies not in being more 

 5   enlightened than any other nation, but rather in 

 6   her ability to repair her faults."  

 7   African-American community has helped repair 

 8   those faults.

 9                As we recognize Black History Month, 

10   I hope that we keep celebrating, keep leading, 

11   keep learning, keep advancing our march towards 

12   justice for all as we echo the resolve of our 

13   Jewish brothers and sisters:  Never again.

14                Thank you.

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Bailey on the resolution.

17                SENATOR BAILEY:   Thank you, 

18   Mr. President.

19                That will be an incredibly difficult 

20   act to follow, Madam Leader.  You set the tone 

21   for us in many ways in our conference, and I 

22   thank you so much for being you and also just 

23   being part of black history.  You see, Black 

24   History Month isn't just about MLK, it's about 

25   ASC.  In the other chamber it's about CEH.  It's 


                                                               491

 1   about Velmanette Montgomery.  It's about that 

 2   three-fifths compromise that we spoke about.  

 3   Now, three-fifths of the statewide leaders are 

 4   African-American.  That's the way we turn a 

 5   three-fifths compromise on its head here in the 

 6   State of New York.  

 7                It's about lifting every voice and 

 8   singing.  Only the first verse, though.  

 9                (Laughter.)

10                SENATOR BAILEY:   Because you know 

11   what happens after the first verse of "Lift Every 

12   Voice and Sing."  There's a lot of humming.

13                (Laughter.)

14                SENATOR BAILEY:   It's knowing about 

15   those legendary names and their accomplishments, 

16   but it's also knowing about somebody named Sylvia 

17   Richardson Holder.  Now, you might be wondering 

18   who Sylvia Richardson Holder -- and please don't 

19   Google her just yet.  

20                June 22, 2015, from the Raleigh News 

21   & Observer, telling a story in pictures in 

22   Johnson County Revisited, the newest addition to 

23   Arcadia Publishing's Images of America series:  

24   "H. Smith Richardson of Vick Chemical Company 

25   reconnects in the 1940s with his family's aged 


                                                               492

 1   former slave, Sylvia Richardson Holder, who is 

 2   said to have had a hand in concocting the VapoRub 

 3   that became an American household name following 

 4   World War I."  

 5                Now, even while in slavery, people 

 6   who were thought to be inferior, they came up 

 7   with products that we use to this day.  And I 

 8   want to illustrate that we're not that far 

 9   removed from slavery.  

10                Now, why is Sylvia Richardson Holder 

11   important to me?  Well, Sylvia Richardson Holder 

12   was the mother of Cora Holder Bailey, the mother 

13   of U.T. Bailey, who was the father of J.T. 

14   Bailey, who was the father of Stanley Bailey, who 

15   was my father.  My great-great-great-grandmother 

16   was a slave -- 117 years old, born in 1835, 

17   passing away in 1952, a year before my father was 

18   born.  

19                We're not that far removed from 

20   slavery.  So for those who like to say "Get over 

21   it," we're not that far removed from slavery.  

22   Not that many generations away.  

23   Great-great-great-grandmother.

24                Now, I illustrate that brief family 

25   history not just to say that the Vick Company 


                                                               493

 1   probably owes us a little bit of money because my 

 2   great-great-great-grandmother came up with 

 3   VapoRub -- 

 4                (Laughter.)

 5                SENATOR BAILEY:   We're going to 

 6   look into that, Mr. President.  

 7                But plain and simple, black history 

 8   is American history.  There is no substitution, 

 9   there is no difference.  Black history and 

10   American history, period, point blank.  People 

11   must learn about black history because you have 

12   to understand that in the fallacy of this 

13   post-racial America, we still suffer from the 

14   vestiges of slavery every day:  Mass 

15   incarceration, food insecurity, lack of 

16   healthcare, subpar education.  And these all stem 

17   from slavery.

18                You see, if anybody is interested, 

19   we can speak later.  And I have her birth 

20   certificate here.  Very interesting to see how we 

21   were considered in that day and time.  Colored.  

22   Negroid.  Bills of sale.  Bills of sale of 

23   humans, a hundred and some years ago.  We are not 

24   that far removed.

25                So on a lighter note, I asked my 


                                                               494

 1   father and many people in my family group chat -- 

 2   and those of us who have family group chats, we 

 3   know how they can get.  So I asked, What does 

 4   black history mean to you?  

 5                My father:  It's the recognition 

 6   that black people -- their history, their culture 

 7   and their blood, sweat and tears -- are 

 8   inextricably woven into the fabric of America's 

 9   past, present and future.

10                My aunt Barbara:  After teaching for 

11   over 30 years, I've concluded that since the 

12   majority of my students were black, and that most 

13   of the grandparents had a Southern background, I 

14   thought that I should have been preaching to the 

15   choir.  Black History Month should be a black 

16   studies course that is taught starting in middle 

17   school and part of the curriculum at all grade 

18   levels, so that people of all backgrounds will 

19   learn of the contributions that we made to 

20   building this country.  

21                Black history, to me, is my 

22   ancestors, like Sylvia Richardson Holder, born a 

23   slave but persevered to be over a hundred years 

24   old.  Black history is now and will be engrained 

25   in this country whether people accept us or not.


                                                               495

 1                You see, even if you don't directly 

 2   see the struggle, we all have a front row seat.  

 3   Twenty-one years ago on this date, Amadou Diallo 

 4   was taken away from us, because he was black and 

 5   had a wallet.  

 6                Today is Rosa Parks' birthday, 

 7   another leader in the civil rights movement that 

 8   we speak about.  We're grateful for her small 

 9   action that became so big in our society.

10                Speaking of front row seats, on the 

11   heels of the Super Bowl, when we wonder why 12 

12   black quarterbacks started games in the NFL this 

13   year -- a unanimous MVP of the regular season, 

14   the Super Bowl MVP and an offensive coordinator 

15   who helped win the Super Bowl -- but not one 

16   person of color got a head coaching job this 

17   whole season.  That's a problem.  So we've tried 

18   just speaking up.  Because as Brother Malcolm put 

19   it:  Education is our passport to the future, for 

20   tomorrow belongs to the people who prepare for it 

21   today.

22                Now, education isn't just 

23   traditional education, it's about knowledge, 

24   knowledge of the role that black folks played in 

25   our society.  As I often do, I learn every day, 


                                                               496

 1   Mr. President, I learn through the lens of my 

 2   daughters.  So here's today's Giada and Carina 

 3   moment.  

 4                So I'm in the car the other day, and 

 5   I'm saying, "Hey, Giada, Black History Month is 

 6   coming up in school, you're going to start 

 7   learning things."  And she's like:  "Well, what's 

 8   that?"  And she goes, "I think I heard something 

 9   about it," on YouTube or Nick Jr. or Disney Jr. 

10   or one of these channels.  I'm like, "All right.  

11   Well, one, you have too much screen time.  We've 

12   got to cut that down.  And the second thing is 

13   I'm going to explain to you what it is."  

14                I said, "Black History Month is 

15   where we celebrate the accomplishments of great 

16   African-Americans who have affected history."  

17   And without skipping a beat, she says:  "Dad, 

18   like me?"  "Absolutely like you."  So Carina is 

19   there, and Carina is not going to be outdone.  

20   "Me too, Dad.  I'm great."

21                So obviously me and my wife aren't 

22   Nick Jr., but we're doing something okay.

23                (Laughter.)

24                SENATOR BAILEY:   Our kids are that 

25   passport to the future that we spoke about, that 


                                                               497

 1   Malcolm X spoke about.  

 2                And then she said, "Well, are there 

 3   other great African-Americans?"  So we go down a 

 4   list of people, and she's like, "Well, what about 

 5   Pa?"  That's my dad.  "Yeah."  "What about 

 6   Grandma?"  "Sure."  So for the next 15 minutes 

 7   she starts naming everybody that she knows that's 

 8   a great African-American person.  Because in her 

 9   mind, we're all great.

10                And that's the message that we 

11   should be learning about in Black History Month.  

12   We all have greatness within us.  Some people's 

13   greatness is in certain areas, while others are 

14   great in others.  But there is greatness in all 

15   of us.

16                And it is incumbent upon us to have 

17   Black History Month so that people understand not 

18   only the struggle, but the triumph thereafter.  

19   And we still have lots of firsts coming up.  

20   We've done so much, but there's still so much 

21   more to do.

22                I'm grateful for this opportunity to 

23   sit in this body.  I'm grateful for Black History 

24   Month.  And even though I can't sing, we lift 

25   every voice and sing.


                                                               498

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:    

 3   Senator Sanders on the resolution.

 4                SENATOR SANDERS:   I ask you, 

 5   Mr. President, to never have me go in back of my 

 6   colleague.  But I'm back, I must go.

 7                I want to thank our leader for 

 8   understanding and -- understanding the necessity 

 9   of this, and I applaud her for this resolution.

10                Mr. President, I have faith in 

11   America.  I have a great faith that one day we're 

12   going to get it right and we're going to be at 

13   such a place where these curriculums of everybody 

14   is finally going to be put into one complete book 

15   on American history.  I have faith that that day 

16   will come.  That day, sadly, is not today.  But I 

17   have faith that that day will come.

18                I still think that we're not so far 

19   from Arturo Schomburg.  You may know the name; 

20   he's the creator of the Schomburg Library, 

21   arguably the greatest library on black history in 

22   the world, who got into it because his teacher 

23   told him that "You blacks have no history, none 

24   at all."  And he set out to collect and disprove 

25   that notion.  So we're not that far from it where 


                                                               499

 1   Carter G. Woodson was able to create such a day.

 2                But as my colleague before me said, 

 3   black history is American history.  And American 

 4   history is black history.  You cannot fully 

 5   understand American history -- it's like trying 

 6   to understand American history without looking at 

 7   George Wa -- Wa -- George Wallace?  Mm.  Him too.  

 8   Yes, him too -- George Washington, Alexander 

 9   Hamilton.  Imagine trying to understand American 

10   history and taking out all of these people.  You 

11   cheat yourself.  You'll never get the idea right.

12                In fact, I'll show it to you real 

13   quickly.  Everyone -- as my colleague said, this 

14   is the birthday of Rosa Parks.  Everyone has seen 

15   that famous picture of Rosa Parks sitting in the 

16   bus not moving, and standing up by sitting down.  

17   But if you look at that picture carefully, you'll 

18   see a white gentleman sitting right behind her.  

19   Careful, now.  That white guy was from New York, 

20   for one.  He just happened to be on the bus.  And 

21   he stayed on the bus to make sure that she wasn't 

22   beaten to a pulp.  He's actually a Jewish 

23   gentleman, also.  He stayed on the bus to just 

24   make sure.

25                You see, by focusing on one, you 


                                                               500

 1   have to look at the whole.  This is true American 

 2   history, the history of all of us, if you read, 

 3   if we just are taught right, which we're not.

 4                I contend that by just looking at 

 5   it, if you scratch a Nazi, you're going to find a 

 6   racist.  If you scratch a racist, you're going to 

 7   find a Nazi.  Those types of thinking go 

 8   together.  We beat the Nazis once; we'll beat 

 9   them again, if need be.  I'm talking America.  

10   And the world, for that matter, but I'm talking 

11   America.

12                You see, we have to learn so that we 

13   don't repeat these errors over and over.  Had the 

14   world population stopped the fascists when they 

15   were invading Ethiopia and now Namibia, we might 

16   not have had the Holocaust.  

17                We are in all this together.  We 

18   don't have a choice here.  We have to share this 

19   planet.  Therefore, we need to understand that.

20                I know that one day we're going to 

21   have the ability to get real American history so 

22   that we can have a real American future.  That 

23   day seems troubled today, Mr. President, as I 

24   conclude.  That day seems troubled today while we 

25   have so many people dividing us and finding ways 


                                                               501

 1   to say who is an American and who is not.  And 

 2   that becomes so ever-more picayune.  

 3                I will say this.  I have faith in 

 4   the youth of America.  I have faith that by 

 5   understanding history -- and I encourage all of 

 6   us to study everyone's history.  Start with black 

 7   history, but everyone's history and their 

 8   contribution to America.  And by then, we can 

 9   really claim the great distinction of being part 

10   of the American family.

11                Thank you very much, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Comrie on the resolution.

14                SENATOR COMRIE:   Thank you, 

15   Mr. President.

16                I rise to thank our leader, the 

17   Majority Leader of the Senate, Senator Andrea 

18   Stewart-Cousins, a historic figure in her own 

19   right, as the first woman leader of this house, 

20   for bringing forth this annual resolution.  

21                I also rise to declare that Black 

22   History Month is February, but black history is 

23   made every day, 365, 24/7.  Our history is being 

24   made each and every day here in New York State 

25   and around the world.  


                                                               502

 1                But the month of February being 

 2   designated as Black History Month provides us an 

 3   opportunity to reflect on our history, 

 4   particularly on the struggles that we have all 

 5   endured, and how we as black Americans as a 

 6   collective, as we as immigrants as a collective, 

 7   remain resolute in our fight for freedom, 

 8   justice, and basic fairness throughout centuries.  

 9                Often we highlight notable 

10   individuals who have risen to great heights in 

11   academia, government, business, athletics, 

12   entertainment and other fields.  My district, 

13   Southeast Queens in particular, has been home to 

14   some of the iconic names in black history:  

15   W.E.B. Dubois, Ella Fitzgerald, Count Basie, John 

16   Coltrane, Eddie "Lockjaw" Davis, Jackie Davidson, 

17   Jackie Robinson, Lena Horne, LL Cool J, 

18   Run-D.M.C., to name a few.  

19                I could keep going, because we have 

20   a lot of product in Southeast Queens, and product 

21   that's happening every day.  In fact, I met two 

22   young people today that get up at 4:30 in the 

23   morning just to get from one part of Queens to 

24   another part because they want to be the next 

25   black heroes of our time.


                                                               503

 1                Often we have a lot of local heroes 

 2   in Queens -- civil rights leaders like Stokely 

 3   Carmichael and Roy Wilkins, who was a Queens 

 4   resident; tennis player and coach William (Bill) 

 5   Briggs; Human Rights Commissioner for New York 

 6   City Kenneth Drew; the dean of Southeast Queens, 

 7   Archie Spigner, one of the first black 

 8   entrepreneurs citywide; Larry Cormier, who we 

 9   lost this year.  We had our own Erin Brockovich, 

10   who we lost this year, Linda Hazel, who pointed 

11   out that the Jamaica water supply was 

12   contaminated before anybody knew it and saved 

13   thousands of people's lives because now Southeast 

14   Queens is being taken care of by city water 

15   instead of Jamaica water.  And my personal angel, 

16   Dorothy Harvey, who made sure that I got elected 

17   when I first ran for office.  

18                They are just indicative of the 

19   thousands of people in my district that have 

20   transformed lives and lifted entire communities 

21   through their commitment to the success of 

22   younger generations behind them.

23                We take pride in the accomplishments 

24   of our ancestors as well as our brothers and 

25   sisters today, because we know that in our 


                                                               504

 1   society black women and black men invariably must 

 2   work harder in order to achieve equal 

 3   recognition.  We similarly take pride in our own 

 4   accomplishments and those of our forebears and 

 5   our grandparents and those before us because they 

 6   too struggled to build our communities, provide 

 7   for us, and leave us with more opportunity than 

 8   they were ever given.

 9                I'm proud to represent one of the 

10   strongest African-American and Caribbean 

11   communities in the entire country.  I have often 

12   said that I represent the best district in 

13   New York State --

14                UNIDENTIFIED SENATOR:   Huh.

15                SENATOR COMRIE:   "Huh" yourself.

16                (Laughter.)

17                SENATOR COMRIE:   -- alongside other 

18   elected and community leaders who, despite the 

19   diversity of our backgrounds and upbringing, 

20   share a common history.  My success and good 

21   fortune is only made possible by the community 

22   that I am so blessed to have been raised in and 

23   now represent here in Albany.  

24                Highlighting the exemplary 

25   contributions of African-Americans shouldn't be 


                                                               505

 1   limited to one month.  However, I think the best 

 2   way to honor the history of African-American 

 3   accomplishment is to continue to foster a climate 

 4   in New York State that facilitates more black 

 5   achievement in the future.

 6                Passing stronger MWBE policy, 

 7   mandating diversity in our schools and in the 

 8   professional world, combating the systemic 

 9   economic inequality that continues to hamper the 

10   financial well-being of black families are ways 

11   that we can do this every day of the year.

12                I also want to take time and thank 

13   the Governor for allowing a commission to 

14   research the 400 years of history in New York 

15   State to come forward.  I'm glad of the fact that 

16   he wanted to own the commission and take 

17   responsibility for making sure that we move 

18   around the state and find out our history, that 

19   we can talk to every part of New York State and 

20   find out those people that we're part of, making 

21   sure that New York had a black history.  

22                New York, as you know, was part of 

23   the movement to move people from the South to the 

24   North.  We have burial grounds.  We have people 

25   that were part of this history that we need to 


                                                               506

 1   highlight and illuminate, hopefully eventually in 

 2   our school curriculum in New York State.  So I 

 3   want to take time to thank the Governor for 

 4   allowing that to happen.

 5                I hope this month that we will all 

 6   take time to reflect on the distinct, important, 

 7   and sobering history of people throughout our 

 8   state and our country and celebrate the unbounded 

 9   contributions of black people past and present.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:    

12   Senator Parker on the resolution.

13                SENATOR PARKER:   Thank you, 

14   Mr. President.

15                Ladies and gentlemen, we've actually 

16   reached that part of the program where 

17   essentially everything has been said, but not 

18   everybody has said it.  

19                (Laughter.)

20                SENATOR PARKER:   But let me just 

21   associate myself with all of the comments that 

22   were made today.  I think that they're really 

23   important.  I'm going to keep my comments 

24   relatively short, particularly given me and my 

25   penchants for hyperbole.  


                                                               507

 1                That being said, this is a really 

 2   important month for not just African-Americans, 

 3   but for America -- and really not even just for 

 4   America anymore, but really for the world, a time 

 5   in which we remember the achievements of people 

 6   of African descent.  

 7                One of the first things to remember 

 8   about Black History Month or African-American 

 9   History Month, that it's not just about the 

10   accomplishments of people of African descent once 

11   they've reached the New World.  That the history 

12   of people of African-American descent doesn't 

13   begin in 1619 in Jamestown, Virginia, but begins 

14   on the continent of Africa.  That it's important 

15   when you start to study the history of 

16   African-American people that you remember that 

17   people of African descent were the first people 

18   on this earth.  Not saying they're better, just 

19   first.

20                So when you look at Australopithecus 

21   pithecus, the very first humanoid that they ever 

22   found, found on the continent of Africa.  But 

23   what's important is not that the first person is 

24   found there, but the last person is also found 

25   there.  So when you see Homo sapiens sapiens, 


                                                               508

 1   they're also first found on the continent of 

 2   Africa.  

 3                Then Africa becomes important 

 4   because it is the cradle of civilization.  Then 

 5   it becomes the beginning of everything that we 

 6   understand about politics, economics, science, 

 7   mathematics, astrology, astronomy, architecture.  

 8   It all began on the continent of Africa.

 9                And so that when you see people 

10   talking about, you know, people were slaves -- 

11   and I'm going to disagree with my colleague 

12   Senator Bailey for a minute, because his 

13   great-great-great-grandmother, you know, wasn't a 

14   slave.  She was an African person who happened to 

15   be in bondage.  Slavery is a mentality.  And I 

16   would put forward to this body that African 

17   people never were slaves.  Yes, you know, forced 

18   into bondage, forced into servitude, but always 

19   kept the spirit to fight.  

20                And so we call on the spirit now of 

21   Nat Turner and Denmark Vesey and Gabriel Prosser 

22   and all those unknown and unheard people who 

23   fought their captors tooth and nail from the very 

24   moment.  And that you saw within the context of 

25   the slave trade, right, a beginning of what's 


                                                               509

 1   called the Maafa -- or, if you want to, in 

 2   American terms, the African Holocaust -- where 

 3   roughly 200 million people were killed during the 

 4   transporting of people into bondage.  Two hundred 

 5   million.  And that's a conservative estimate.

 6                That we understand the notion of 

 7   holocaust, as we start connecting with our Jewish 

 8   brothers and sisters, the notion of holocaust -- 

 9   not just of what happened in Germany and Poland 

10   and other parts of Europe, but understand it as a 

11   moral description, not a specific event.  Because 

12   there have been many people who have gone through 

13   holocausts.  And we have to understand in those 

14   contexts that what happened to Jews in that 

15   period and what happened to African people in 

16   that period has also happened to Native 

17   Americans, and can also happen to other people.  

18   That if we forget this month to remember the 

19   lessons of history, we're doomed to repeat them.

20                One of the things that's important 

21   about this month is we reach into our cultural 

22   ethos and we bring forward a symbol, out of 

23   Ghana, of a bird looking backwards.  That symbol 

24   is called Sankofa.  And Sankofa is the notion -- 

25   it literally means -- Sankofa, in Twi, among the 


                                                               510

 1   Akan people in Ghana, literally means "to go 

 2   fetch."  Right?  

 3                But the notion, as my father would 

 4   say all the time, he says, How do you know where 

 5   you're going if you don't know where you've been?  

 6   Right?  How do you know where you're going if you 

 7   don't know where you've been?  And if you don't 

 8   know where you're going, any road will take you 

 9   there.

10                That during African-American History 

11   Month we're called on as a people to remember 

12   this history and remember, as we study it -- and 

13   I'm not just talking about people back in the 

14   Senate, I mean all of us in this chamber, as we 

15   study the history of people of African descent, 

16   we are studying all of our history.  Because 

17   there is no place in this world that African 

18   people haven't impacted the development of the 

19   culture.  

20                Some of you should check out a 

21   brother named Ivan Van Sertima, who wrote several 

22   books:  African Presence in Early Asia, African 

23   Presence in Early Europe, African Presence in 

24   Early South America -- sorry, in the Americas.  

25   Right?  They Came Before Columbus, we can go on 


                                                               511

 1   and on.  Right?  

 2                But there's no place in which there 

 3   hasn't been an impact.  Not to mention the things 

 4   that we've talked about in this chamber all the 

 5   time.  There's only been two major musical forms 

 6   developed, you know, in the beginning of the 

 7   development of this country, right, jazz and 

 8   hip-hop, both out of the African ethos.  

 9                And so we remember Carter G. 

10   Woodson, who in 1926 took his organization, the 

11   Association for the Study of Negro Life and 

12   History, and took the work that he had spent his 

13   life working on, the Journal of Negro History, 

14   and began as a week, just as a beginning, just to 

15   say, look, we've got to start talking about this.  

16   Because even at that point people were talking 

17   about African people like they were tabula rasa; 

18   that is, blank slates.  Right?  

19                Like we forget that the greatest 

20   evil that was done by people to African people 

21   here in this world was to tell them that they had 

22   no history, they had no culture, that they come 

23   from nothing, that they were less than human.  

24   Right?  We look at works of anthropology like -- 

25   you know, many people who have studied 


                                                               512

 1   anthropology don't know that literally that the 

 2   field of anthropology was actually created as a 

 3   scientific justification of the enslavement of 

 4   African people.  

 5                It actually began with skull 

 6   capacity tests in which they put seeds in 

 7   different skulls, took a black skull, took a 

 8   white skull, put smaller seeds in the white skull 

 9   and then counted the seeds and said there were 

10   more seeds in the white skull and thus there was 

11   a greater cranial capacity and thus more 

12   intelligence, and then used the inverse to say 

13   that African people were less than human.

14                We've got to remember that history, 

15   because that becomes the basis, right, that fake 

16   history and that fake science becomes the basis 

17   of how we create public policy.  

18                And so we study this month to 

19   remember who we are -- not just where we came 

20   from, but to understand where we're going.  To 

21   understand that history is just the documentation 

22   of culture, of the development of culture, and 

23   that culture is nothing but the living 

24   manifestation of our history.

25                And I think that we will find, as 


                                                               513

 1   many of us find as we talk to each other in this 

 2   room, that as we understand this history, that 

 3   there's actually far more that binds us than 

 4   divides us.  

 5                And so I challenge us all to spend 

 6   some time this year studying this particular 

 7   culture and this particular history, because I 

 8   think that this becomes the basis for us to 

 9   understand a lot of things about ourselves no 

10   matter where we are.  Because there's no place in 

11   which we don't find that people of African 

12   descent have impacted those places or the 

13   development of American life and culture.

14                And so my particular thanks to the 

15   leader today for bringing this resolution 

16   forward, and certainly her comments were 

17   expansive and exhaustive.  

18                And I'm looking forward to the 

19   continued work that we do in this chamber to 

20   continue to honor the history of people of 

21   African descent and to make sure that everyone 

22   has an opportunity to live their lives and to 

23   continue a history that rejects the oppression 

24   that we have seen amongst people across the 

25   state.


                                                               514

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Jackson on the resolution.

 4                SENATOR JACKSON:   Well, I'm told I 

 5   must filibuster until tomorrow morning, so get 

 6   ready.  Joking.  Joking.  

 7                (Laughter.)

 8                SENATOR JACKSON:   But seriously, 

 9   with regards to the resolution and celebration of 

10   Black History Month, I want to give you a little 

11   story about myself and my family.  And it's not 

12   going to take long, seriously.

13                I'm still trying to find the history 

14   of my family.  So I go on all of the census 

15   documents and what have you.  My daughter, my 

16   oldest daughter, is helping me.  And so we have 

17   traced our family back about five generations 

18   into Athens, Georgia.  

19                And if you know anything about 

20   Athens, Georgia, going way back -- that's the 

21   University of Georgia right now.  But going way 

22   back, you had a family, especially brothers, and 

23   their last name was Willingham.  And that was my 

24   family's last name, Willingham.  And Willinghams 

25   married into Jackson, and so that's why my name 


                                                               515

 1   is Jackson.  

 2                My grandmother died at 22 years of 

 3   age during childbirth in Athens, Georgia.  And so 

 4   my mother, who was 6 years old at the time, and 

 5   her younger sister, an aunt from Chicago came 

 6   back and took them to Chicago.  And then an aunt 

 7   from New York went to Chicago and brought my 

 8   mother to New York, and that's how we winded up 

 9   there.  

10                But also, going back as far as 

11   looking at the census data to 1940, '30, '10, 

12   1900, 1860, they only listed the owners and just 

13   put the slave was either a female or a male, and 

14   an approximate age.  So you didn't know who it 

15   was.  And so even when doing some research trying 

16   to find out where my mother was when I took my 

17   daughter to apply for Spelman University down in 

18   Georgia, I went to the city of Atlanta, Georgia, 

19   and asked them to look up information about my 

20   mother's birth.  They said, Okay, we have to go 

21   to the colored section, because that's what it 

22   was referred to at that time, the colored 

23   section, you know.  We were not black, they 

24   referred to them as colored and other words that 

25   are not very positive.  So they didn't find 


                                                               516

 1   anything.  

 2                But also in looking at where my 

 3   grandmother is buried, she's buried at a colored 

 4   cemetery in Athens, Georgia.  And so the 

 5   university students and the trustees, the third 

 6   or fourth trustees that were involved with it, 

 7   they said, We know where your grandmother -- the 

 8   area where she was buried at, but we don't know 

 9   her specific grave.  And why?  Because at that 

10   time when you're po' -- you know what "po'" 

11   means, right?  When you're poor and you're black.  

12   Basically, if you weren't rich, then you were 

13   poor.  And then from a Southern point of view, 

14   you don't say "poor," you say "po'."  

15                They said at that time they put a 

16   stick in the ground with the name on it.  So the 

17   stick is not there anymore.  But they know the 

18   geographical area.  

19                And then looking at my family, my 

20   great-aunt, my mother's aunt in Chicago -- my 

21   great-grandmother is buried in Chicago, because 

22   my great-aunt was, I guess, the oldest of the 

23   family, and they brought their mother to Chicago.  

24   And my great-uncle, who was a veteran of World 

25   War II, is buried there also.  So I'm learning a 


                                                               517

 1   little bit about my history, you know, in that 

 2   respect.

 3                But I say to all of you that my 

 4   nephew -- my brother Donald Jackson, his son is 

 5   named Donald Jackson also.  So he has a couple of 

 6   kids and what have you.  And he texts me one 

 7   time, and let me just read you the text.  He 

 8   said:  "Uncle Rob, your grand-niece had to write 

 9   about a famous black person, so I told her she 

10   had a famous uncle."  

11                And so this is a picture of her 

12   holding up a picture of me, and I'll read what 

13   she wrote:  "My uncle is a New York State 

14   Senator, and he helps people in his community." 

15   That's what my great-niece wrote about me.

16                So I say all that to say that, loud 

17   and clear, as James Brown has said, "Say it loud, 

18   I'm black and I'm proud."  So all of you should 

19   be proud of who you are and your family's 

20   history.  And so all of us, in reality, are 

21   brothers and sisters of the human race.  And 

22   that's what it is.

23                As-salamu alaykum means "peace be 

24   upon all of you."  Thank you.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               518

 1   Myrie on the resolution.

 2                SENATOR MYRIE:   Thank you, 

 3   Mr. President.  I will be brief for as long as it 

 4   takes.  

 5                (Laughter.)

 6                SENATOR MYRIE:   No, in all 

 7   seriousness, my colleagues have said this much 

 8   more eloquently than I can.  

 9                As we take this time to recognize 

10   the greatness of being black and being black in 

11   this country, I would remind everyone here in the 

12   chamber that we are still, as a people, under 

13   siege.  For every white woman that dies of a 

14   pregnancy-related condition, 12 black women die.  

15   The number-one cause of death in young black men 

16   is homicide.  We have a foreclosure crisis that 

17   hit the country pretty hard in 2008 that is still 

18   ravaging black communities today all over this 

19   state.  And in New York City, we still have the 

20   most segregated school system in this entire 

21   country.

22                So I would urge all of us, as we 

23   celebrate the greatness of being black, that we 

24   recognize the current pain and the current 

25   tragedy that it is to be black in this country, 


                                                               519

 1   and that we use that to bring our people up 

 2   collectively and do it together.

 3                So I want to thank the leader for 

 4   bringing this resolution, and I want to thank my 

 5   colleagues.  

 6                Thank you, Mr. President.

 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 take up Resolution 2661, by 

19   Senator Metzger, read that resolution in its 

20   entirety, and recognize Senator Metzger.

21                ACTING PRESIDENT BENJAMIN:   The 

22   Secretary will read.

23                THE SECRETARY:   Senate Resolution 

24   2661, by Senator Metzger, memorializing Governor 

25   Andrew M. Cuomo to proclaim February 22 through 


                                                               520

 1   29, 2020, as FFA Week in the State of New York.  

 2                "WHEREAS, It is the sense of this 

 3   Legislative Body to support and promote the 

 4   historic and significant observance of Future 

 5   Farmers of America (FFA) Week in the State of 

 6   New York; and 

 7                "WHEREAS, Attendant to such concern, 

 8   and in full accord with its long-standing  

 9   traditions, this Legislative Body is justly proud 

10   to memorialize Governor Andrew M. Cuomo to 

11   proclaim February 22-29, 2020, as FFA Week in the 

12   State of New York, in conjunction with the 

13   observance of National FFA Week; and 

14                "WHEREAS, The FFA motto -- Learning 

15   to Do, Doing to Learn, Earning to Live, Living to 

16   Serve -- gives direction and purpose to those 

17   students who take an active role in succeeding in 

18   agricultural education and leadership; and 

19                "WHEREAS, Growing from a handful of 

20   students from agricultural classes who came 

21   together to form Future Farmers clubs throughout 

22   the country in the 1920s, to an FFA membership of 

23   100,000 by 1935; today, the National FFA 

24   organization has more than 610,000 members in 

25   more than 7,600 chapters and encompasses all 


                                                               521

 1   50 states as well as Puerto Rico and the Virgin 

 2   Islands; and 

 3                "WHEREAS, FFA develops members' 

 4   potential and helps them to discover their talent 

 5   through hands-on experiences, giving the tools  

 6   to achieve real-world success; these members are 

 7   future chemists, veterinarians, government 

 8   officials, entrepreneurs, bankers, international  

 9   business leaders, teachers, and premier 

10   professionals in many career fields; and 

11                "WHEREAS, In the past year alone, 

12   New York FFA has experienced a 60 percent 

13   increase; they have been recognized as having the 

14   highest percentage of membership increase 

15   nationally in 2019; with 12 new chapters in that 

16   same year, that brings the total of new chapters 

17   in the last few years to 41 across New York; and 

18                "WHEREAS, The U.S. Department of 

19   Education provides leadership and helps set 

20   direction for the FFA as a service to state and 

21   local agricultural education programs; and 

22                "WHEREAS, In accomplishing its  

23   mission, FFA has made a positive difference in 

24   the lives of students by developing their 

25   potential for premier leadership, personal growth 


                                                               522

 1   and career success through agricultural  

 2   education, promoting citizenship, volunteerism, 

 3   patriotism and cooperation; and 

 4                "WHEREAS, Agricultural education and 

 5   FFA ensure a steady supply of young professionals  

 6   to meet the growing needs in the science, 

 7   business and technology of agriculture; and 

 8                "WHEREAS, Agricultural education in 

 9   New York affects and instructs students in all 

10   parts of the state, and through their efforts, 

11   the officers and members of New York FFA are 

12   achieving increased levels of national 

13   recognition for themselves, and their schools and 

14   communities, as well as New York agriculture; and 

15                "WHEREAS, It is the custom of this 

16   Legislative Body to recognize and applaud the 

17   leaders of commerce and industry whose  

18   accomplishments contribute to the economic health 

19   and prosperity of the communities of the State of 

20   New York and to the quality of life of its 

21   people; now, therefore, be it 

22                "RESOLVED, That this Legislative 

23   Body pause in its deliberations to memorialize 

24   Governor Andrew M. Cuomo to proclaim 

25   February 22-29, 2020, as FFA Week in the State of 


                                                               523

 1   New York; and be it further 

 2                "RESOLVED, That a copy of this 

 3   resolution, suitably engrossed, be transmitted to 

 4   the Honorable Andrew M. Cuomo, Governor of the  

 5   State of New York."

 6                ACTING PRESIDENT BENJAMIN:    

 7   Senator Metzger on the resolution.

 8                SENATOR METZGER:   Thank you, 

 9   Mr. President.

10                With great pleasure I rise today to 

11   sponsor this resolution proclaiming February 22nd 

12   to 29th to be Future Farmers of America Week in 

13   the State of New York.  

14                We have a lot to be proud of here in 

15   New York.  As you heard in the resolution, we are 

16   leading the nation in membership gains in FFA.  

17   We nearly -- well, membership climbed in just 

18   three years from 4,300 to 7,000, which is a huge 

19   achievement.

20                I was very proud that my children's 

21   school district, the Rondout Valley School 

22   District, was one of 12 new FFA chapters in 

23   New York.  Young women are increasingly in 

24   leadership roles in FFA across the state, and 

25   represent 45 percent of New York FFA members.  We 


                                                               524

 1   have the statewide leadership here, and it looks 

 2   like they represent about 50 percent.  I think we 

 3   have more work to do in this chamber; you're a 

 4   model for us.

 5                I want to mention I'm very proud 

 6   this past year one of the FFA chapters in my 

 7   district, the Delaware Academy, received the 

 8   New York State Chapter of the Year Award from the 

 9   New York State Agricultural Society in Grange for 

10   their diverse programing, from their maple 

11   sugaring and sap house enterprise, their advocacy 

12   for the dairy industry, to their school garden 

13   that contributes fresh vegetables to the school 

14   lunchroom, and their community service, raising 

15   nearly $1500 for the local food bank to help 

16   address food insecurity.

17                FFA chapters across our state are 

18   giving back to their communities.  They're so 

19   committed to agriculture, and they are our future 

20   leaders.  As I've seen firsthand, FFA members 

21   demonstrate talent and dedication.  And as 

22   Commissioner Ball has so rightly said, "New York 

23   FFA is clearly a model for the nation, shining 

24   the spotlight on the many strengths of New York 

25   agriculture.  If these young agricultural leaders 


                                                               525

 1   are any indication, we can be assured that 

 2   agriculture is in good hands in the State of New 

 3   York."

 4                I am so pleased that the leadership 

 5   could join us today.  Mr. President, I 

 6   respectfully request that you extend them all the 

 7   privileges and courtesies of the Senate.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   question is on the resolution.  All in favor 

10   signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT BENJAMIN:    

13   Opposed?  

14                (No response.)

15                ACTING PRESIDENT BENJAMIN:   The 

16   resolution is adopted.

17                To our guests, I welcome you on 

18   behalf of the Senate.  We extend to you all of 

19   the courtesies and privileges of this house.  

20                Please rise and be recognized.

21                (Standing ovation.)

22                ACTING PRESIDENT BENJAMIN:  

23   Senator Gianaris.  

24                SENATOR GIANARIS:   Thank you.  At 

25   the request of the sponsors, the two resolutions 


                                                               526

 1   we took up today are open for cosponsorship, 

 2   Mr. President.  

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   resolutions are open for cosponsorship.  Should 

 5   you choose not to be a cosponsor of the 

 6   resolutions, please notify the desk.

 7                Senator Gianaris.  

 8                SENATOR GIANARIS:   I now move to 

 9   adopt the remainder of the Resolution Calendar.

10                ACTING PRESIDENT BENJAMIN:   All in 

11   favor of adopting the Resolution Calendar please 

12   signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT BENJAMIN:    

15   Opposed, nay.

16                (No response.)

17                ACTING PRESIDENT BENJAMIN:   The 

18   Resolution Calendar is adopted.

19                Senator Gianaris.

20                SENATOR GIANARIS:   And can we now 

21   begin reading the calendar, but can we start with 

22   Calendar Number 330 and then proceed with the 

23   remainder from there.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will read.


                                                               527

 1                THE SECRETARY:   Calendar Number 

 2   330, Senate Print 4741B, by Senator Harckham, an 

 3   act to amend the Mental Hygiene Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the 120th 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:   Senator 

13   Harckham to explain his vote.  

14                SENATOR HARCKHAM:   Thank you, 

15   Mr. President.  

16                Today we announced the release of 

17   the report of our bipartisan Task Force on 

18   Opioids Addiction and Overdose Prevention.  I 

19   want to thank all colleagues in the chamber who 

20   participated in a number of hearings and meetings 

21   all over the state.  

22                We thank our leader, Andrea 

23   Stewart-Cousins, for empowering us to get 

24   together.  And I certainly thanks my cochairs, 

25   Senator Carlucci and Senator Rivera.


                                                               528

 1                And one of the things that happens 

 2   in this process is that we met with hundreds of 

 3   advocates, hundreds of professionals, and we met 

 4   with hundreds of families and parents who had 

 5   been impacted by this crisis.  

 6                And it's a pain that I can't even 

 7   imagine as a parent, to lose a child.  And yet 

 8   all across this state are people who are turning 

 9   their grief into positive energy and making a 

10   positive difference in their community and moving 

11   the needle forward to help us address this 

12   crisis.

13                And we have a couple of people with 

14   us today who have been exemplary role models and 

15   pathfinders.  And so with us today are Angela 

16   Robertson and her daughter, Ashleah Canastraro, 

17   and we also have Stephanie Marquesano from 

18   The Harris Project.  And Angela and Ashleah are 

19   here in relation to the first bill.  Stephanie, 

20   who is from Lower Westchester, has really changed 

21   the conversation about how we treat substance use 

22   disorder and the need for co-occurring disorder 

23   treatment at the same time.

24                So if it's appropriate with you, 

25   Mr. Chair, before we take up this bill, I would 


                                                               529

 1   just like colleagues to acknowledge and if you 

 2   would, sir, offer them the privileges of the 

 3   house.

 4                Thank you, sir.

 5                ACTING PRESIDENT BENJAMIN:   To our 

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

 7   We extend to you all of the courtesies and 

 8   privileges of this house.  

 9                Please all rise and be recognized.

10                (Standing ovation.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Harckham.

13                SENATOR HARCKHAM:   Thank you.

14                So now as we speak on the law, this 

15   is a bill that was first brought to the chamber 

16   by Senator Ortt.  Thank you for your work on 

17   this.  And Senator Kennedy has done a great deal 

18   of work on this bill as well.  

19                And what it does is it increases the 

20   formalized partnership between a treatment center 

21   and a family.  And this came about because 

22   Stephen had signed his parents up, and another 

23   group, Friends of the Michaels, to receive 

24   information about his care, and didn't receive 

25   that information.  And unfortunately, because the 


                                                               530

 1   family didn't have the information to act, 

 2   Stephen passed away from an overdose.  

 3                And so we don't have any more 

 4   Stephens, we thank you for your persistence in 

 5   pursuing this law, and colleagues who wouldn't 

 6   let this go and also kept pushing this bill.  

 7                This will require substance use 

 8   providers, in consultation with the patient, that 

 9   they -- if they agree to provide the names of 

10   people who are their caregivers and their 

11   support, when there are signs of relapse or risky 

12   behavior, they must inform them so that the 

13   families and the caregivers can be involved.

14                So I want to thank you for your 

15   persistence in everything that you've done, and 

16   I'm proud to vote aye on this.

17                Thank you.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Harckham to be recorded in the affirmative.

20                Senator Kennedy to explain his vote.

21                SENATOR KENNEDY:   Thank you, 

22   Mr. President.

23                As I rise today I'd like to 

24   recognize, first of all, the sponsor of this 

25   legislation.  Senator Harckham, thank you so much 


                                                               531

 1   for your leadership.  Also to all of our 

 2   colleagues that worked so hard to make this 

 3   happen, and to Leader Andrea Stewart-Cousins for 

 4   bringing this to the floor so expeditiously here.

 5                I'd also like to recognize those 

 6   folks that have already been identified for 

 7   joining us here today in this session, people 

 8   that are making a difference each and every day 

 9   in the lives of those struggling with opioid 

10   dependency.  Because, heartbreakingly, they 

11   personally understand these stories all too well.  

12                Joining us again today is Angela 

13   Robertson, who lost her son Stephen Canastraro, 

14   who battled his own fight and for who this bill 

15   is named after.  We also have Ashleah Canastraro, 

16   the sister of Stephen, and Stephanie Marquesano, 

17   the founder of The Harris Project.  

18                Thank you all again, and welcome to 

19   the Senate chambers on this very auspicious day 

20   as we recognize your family and your son and his 

21   struggles.  

22                The opioid epidemic has already 

23   claimed far too many lives.  Through this bill 

24   we're passing here today in Stephen's memory, 

25   we're working to save lives.  By passing this 


                                                               532

 1   legislation we're giving individuals in treatment 

 2   the ability to identify people who can be 

 3   notified in case of an emergency or when red 

 4   flags arise, like missing critical appointments 

 5   or drug screenings.

 6                This would have made a world of 

 7   difference in Stephen's recovery story.  In the 

 8   days leading up to his death, he demonstrated 

 9   warning signs of relapse, but his mother and 

10   other advocates were never notified.  If this 

11   legislation were enacted then, Stephen's story 

12   may have ended differently.  But instead, his 

13   mother and her incredible support team have 

14   committed themselves to making sure this doesn't 

15   happen to another individual -- individuals who 

16   have already been brave enough to take that first 

17   step towards sobriety, but who need support 

18   structures around them in order to stay on that 

19   steady path.

20                Last year Angela and her team, 

21   through her constant work in various recovery 

22   ministries, helped thousands of individuals 

23   looking for help.  We must do our part to ensure 

24   that those who need it the most are given that 

25   opportunity and they're given the support that 


                                                               533

 1   they need in treatment and to stay on that path 

 2   toward recovery.  To Angela, Ashleah, and all of 

 3   those that have been affected by this epidemic, 

 4   this is one small step, but one step that we take 

 5   today that we know will save lives and we know 

 6   it's worth every single second of your work and 

 7   your advocacy.  And we recognize your entire 

 8   family for everything that you've done to get us 

 9   to this point.  

10                And may Stephen rest in peace.  And 

11   may the work that you have done in his memory 

12   save the lives that we intend to save with this 

13   law.  Thank you once again for being here, and 

14   thank you to all my colleagues for supporting 

15   this legislation.  

16                Mr. President, I vote aye.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Kennedy to be recorded in the affirmative.

19                Senator Ortt to explain his vote.

20                SENATOR ORTT:   Thank you, 

21   Mr. President.  

22                I'd like to thank the sponsor, my 

23   colleague Senator Harckham, for having the good 

24   sense and the leadership to pick up this bill.

25                You know, everyone in this chamber, 


                                                               534

 1   most people over the last several years, 

 2   understand the opioid epidemic that we have faced 

 3   here in New York State.  And I'm proud to say 

 4   that this body, on both sides of the political 

 5   aisle, have supported significant measures that 

 6   have absolutely, undoubtedly saved people's lives 

 7   in the State of New York and in each of our 

 8   communities.

 9                But one of the things I always 

10   recognize when you meet with parents like Angela 

11   is that they're always looking for -- there's a 

12   resolution.  Right?  They want to make sure that 

13   their loved one did not die in vain, that they 

14   did not die for nothing, that their struggle 

15   means something.  And even if they did not win 

16   their struggle, that perhaps someone else could 

17   win their struggle as a result of lessons 

18   learned.

19                I can remember when Angela was in my 

20   office, in my district office a couple of years 

21   ago now, and she told me her story.  And it was 

22   heart-wrenching to listen to, but it was one of 

23   those moments that we all -- one of the reasons 

24   we all run for office, because you could clearly 

25   see that there was an issue and there was an 


                                                               535

 1   easily identifiable solution where we could 

 2   actually do something to prevent future cases 

 3   like Stephen's.  And that's why we all serve, I 

 4   think, in government, is to actually try to be 

 5   part of the solution.

 6                And at the end of the day, none of 

 7   this would be possible if Angela hadn't had the 

 8   courage to sit in my office alongside others, 

 9   including Avi Israel, who many of you in this 

10   chamber know.  But she told her story in my 

11   office, we put a bill together, and I'm proud to 

12   say we're going to pass a version of this bill 

13   for the second year in a row here in the Senate.

14                So I want to thank my colleague 

15   Senator Harckham, but I want to thank Angela for 

16   your courage and for your commitment to Stephen, 

17   but also your commitment to numerous other young 

18   people here in the State of New York whose lives 

19   could be saved because of your work and your 

20   actions.  And it's really an honor to carry that 

21   torch and to work on behalf of people like 

22   Angela, and alongside on behalf of Stephen's 

23   memory, to get something done, which we are doing 

24   here today.  

25                And I would certainly encourage my 


                                                               536

 1   colleagues in the Assembly to pass this bill, put 

 2   it on the Governor's desk, let's get it signed, 

 3   and we can save lives, continue to save lives, 

 4   and try to end the scourge of the opioid epidemic 

 5   here in New York State.  

 6                So Mr. President, thank you for your 

 7   indulgence.  

 8                I vote aye.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Ortt to be recorded in the affirmative.

11                Announce the results.

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 64, 

16   Senate Print 1063A, by Senator Persaud, an act to 

17   amend the Mental Hygiene Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 120th day after it 

22   shall have become a law.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               537

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 65, 

 7   Senate Print 2507, by Senator Kaplan, an act to 

 8   amend the Mental Hygiene Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Senator Kaplan to explain her vote.

18                SENATOR KAPLAN:   Thank you, 

19   Mr. President.

20                We all recognize by now that our 

21   state is in crisis.  Addiction has touched every 

22   family, every school, and every community, 

23   particularly on Long Island.  

24                We've lost far too many innocent 

25   young souls to this disease.  And we've watched 


                                                               538

 1   our friends and family desperate to get help, 

 2   having been repeatedly failed by a system that 

 3   doesn't understand their struggle and doesn't 

 4   provide them with the support that they need.

 5                I'm proud to stand here as a sponsor 

 6   of this bill that will help break the cycle of 

 7   addiction.  And I'm proud to stand here as a 

 8   member of this Senate Majority as we stand 

 9   together and pass this sweeping agenda to combat 

10   the opioid crisis in New York.

11                And I want every New Yorker whose 

12   life has been touched by this crisis to know that 

13   we are doing everything we can to help, and we 

14   will continue to work tirelessly to fight 

15   addiction and help every New Yorker to achieve 

16   recovery.

17                Thank you.  I vote in the 

18   affirmative.

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Kaplan to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 66, 


                                                               539

 1   Senate Print 4496A, by Senator Martinez, an act 

 2   to amend the Mental Hygiene 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   Senator Martinez to explain her vote.

12                SENATOR MARTINEZ:   Good afternoon, 

13   Mr. President, and thank you.

14                As we all know, we have heard, we 

15   are in the middle of an opioid crisis, and many 

16   of us, if not all, have been impacted by this 

17   crisis.  

18                This recovery living task force is a 

19   step in the right direction.  What we have seen 

20   across the state, we have recovery homes -- well, 

21   they've been known as sober homes, and that's one 

22   of the reasons why I would like it to be known as 

23   recovery homes.  Because the issue is these 

24   individuals that are in these homes are trying to 

25   recover from substance abuse and chemical 


                                                               540

 1   dependency.  

 2                And what we're seeing across the 

 3   state is that these homes do not have the proper 

 4   management, they do not have proper protocol, no 

 5   guidelines in place to help someone recover.  And 

 6   that is the point of these homes, and we are not 

 7   doing that.  We have failed these individuals.  

 8   We need to do our job. 

 9                Many will say, why a task force?  We 

10   have to start somewhere.  We have nothing in 

11   place for our recovery homes.  And what we keep 

12   seeing is individuals leaving hospitals, going to 

13   the recovery homes, and then instead of going 

14   through the actual process of recovery, they're 

15   going and they're getting set back because there 

16   are drugs in the house, management is not there, 

17   there is nothing to help them out, and we are 

18   failing them.

19                This task force will charge these 

20   members to create a protocol on how these homes 

21   will be handled and further help these 

22   individuals who are fighting and struggling with 

23   chemical dependency.  

24                So Mr. President, thank you for 

25   allowing me to speak on behalf of my bill, and I 


                                                               541

 1   encourage my colleagues to please support me on 

 2   such an important task.  

 3                Thank you.

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Martinez to be recorded in the 

 6   affirmative.

 7                Senator May to explain her vote.

 8                SENATOR MAY:   Thank you, 

 9   Mr. President.

10                I want to thank Senator Martinez for 

11   putting this bill forward.

12                In my district there is a family 

13   that created a foundation called Road to 

14   Recovery, because they sent their son to a home 

15   in Texas where he was able to really get the 

16   treatment that he needed and put him on the road 

17   to recovery.  And now they fund other people who 

18   are suffering from addiction to go to this home 

19   in Texas to undergo the treatment that they get 

20   there.

21                It saddens me that we don't have -- 

22   they're not sending them somewhere in New York.  

23   And I think this bill offers us an opportunity to 

24   look at models all around the country where 

25   things are being done better than they are in 


                                                               542

 1   New York, and potentially create the kinds of 

 2   programs that we need here.

 3                I vote aye.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   May to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 67, 

11   Senate Print 4599, by Senator Parker, an act to 

12   amend the Mental Hygiene Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

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

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Parker to explain his vote.

23                SENATOR PARKER:   Thank you, 

24   Mr. President, to explain my vote.

25                This bill is important.  As we've 


                                                               543

 1   heard through the day as we've been dealing with 

 2   this issue of the opioid crisis and trying to 

 3   address the myriad of issues that are going on in 

 4   our communities, our communities and our state is 

 5   in crisis.  I've dealt with this before in the 

 6   context of even my own personal family.  

 7                And so the issue around treatment is 

 8   really, really critical.  You heard 

 9   Senator Martinez talk about in the context of her 

10   bill and what needs to happen.

11                The bill that I'm putting forward 

12   today -- and I'm thanking everyone here for their 

13   vote for -- is about a bill of rights for people 

14   who are in treatment.  And this bill of rights, 

15   once this becomes law, will be posted around 

16   every facility that provides treatment as well as 

17   handed to people who come in to receive 

18   treatment.

19                The bill of rights should include -- 

20   but not limited to -- that every patient has the 

21   right to participate in developing an 

22   individualized plan of treatment, to receive an 

23   explanation of services in accordance with that 

24   treatment plan, to fully be informed of the 

25   proposed treatment plan.  They have the right to 


                                                               544

 1   object or to terminate treatment unless otherwise 

 2   directed by a court order.  They have a right to 

 3   privacy in treatment and care for personal needs.  

 4   They have the right of access to treatment 

 5   records and to receive courteous, fair, 

 6   respectful treatment that is appropriate to the 

 7   individual's needs.  And these are just some of 

 8   the rights that they have.  

 9                It's going to be important that we 

10   uphold those and that we help people along as we 

11   fight our way out of this crisis.

12                Thank you, Mr. President.  I vote 

13   aye.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Parker to be recorded in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 68, 

21   Senate Print 5457, by Senator Harckham, an act to 

22   amend the Public Health Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               545

 1   act shall take effect immediately.

 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 69, 

11   Senate Print 6650, by Senator Harckham, an act to 

12   amend the Mental Hygiene Law.

13                SENATOR GRIFFO:   Lay it aside.

14                ACTING PRESIDENT BENJAMIN:   Lay it 

15   aside.

16                THE SECRETARY:   Calendar Number 71, 

17   Senate Print 3159A, by Senator Harckham, an act 

18   to amend the Insurance Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               546

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   133, Senate Print 7132, by Senator Stavisky, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 8.  This 

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

13   shall have become a law.

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:   Ayes, 61.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   171, Senate Print 5653A, by Senator Metzger, an 

24   act to amend the Public Health Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               547

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Senator Metzger to explain her vote.

 9                SENATOR METZGER:   Thank you, 

10   Mr. President.  

11                First, I rise to thank my 

12   colleagues, Senators Harckham, Rivera and 

13   Carlucci, for their really superb leadership on 

14   the Joint Senate Task Force on Opioid Addiction 

15   and Overdose Prevention.  They did truly 

16   outstanding work over these many months.  The 

17   task force has gathered extremely valuable 

18   information and testimony from around the state 

19   and developed a truly meaningful package of 

20   legislation today to address substance use 

21   disorder and stem the opioid crisis plaguing our 

22   communities.

23                The communities in my district have 

24   been deeply affected by the crisis.  I represent 

25   Ulster, Sullivan, Orange and Delaware Counties, 


                                                               548

 1   communities within them.  They all face 

 2   staggering opioid-related deaths that far exceed 

 3   the state average.  Ulster, Sullivan and Orange 

 4   Counties, the opioid-related death rate is almost 

 5   twice the state average.

 6                The devastation this public health 

 7   crisis has caused is almost beyond words.  

 8   Parents losing their teenaged son or daughter, 

 9   children losing their parents and placed into 

10   foster care, people losing their jobs, families 

11   becoming homeless.  I don't think I have yet to 

12   meet someone who has not had a friend, a 

13   colleague, or a relative touched by the impacts 

14   of substance use disorder in some way.  There's 

15   no doubt that the package of opioid legislation 

16   passed today will help save lives.  

17                The bill I sponsor is intended to 

18   prevent the illegal overprescribing of opioids.  

19   Less than year and a half ago, in October 2018, a 

20   Staten Island doctor was arrested for doling out 

21   opioids to patients with visible signs of 

22   addiction without appointments, at all hours of 

23   the night, making them pay hundreds of dollars in 

24   cash for each prescription.  On that same day he 

25   was charged, four other New York doctors were 


                                                               549

 1   charged with the same crime.  Collectively, they 

 2   had prescribed 8.5 million opioid pills to 

 3   patients whose health and well-being they had 

 4   sworn to protect.  

 5                I have the greatest respect for the 

 6   medical profession and believe that these bad 

 7   apples are exceptions to the rule, but we cannot 

 8   afford any exceptions.  They can cause outsized 

 9   harm and can cost lives.

10                This bill affirmatively directs the 

11   Department of Health to periodically analyze data 

12   in the prescription monitoring program registry 

13   to see if any violations have occurred in the 

14   prescribing of controlled substances, and to take 

15   action on those violations.  This is an important 

16   step that will help prevent abuse in our state.  

17                I'm proud to participate in this 

18   package.  I want to thank you all for your 

19   leadership again.  This is an important day, and 

20   I vote aye.  

21                Thank you very much.

22                ACTING PRESIDENT BENJAMIN:    

23   Senator Metzger to be recorded in the 

24   affirmative.

25                Announce the results.


                                                               550

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   172, Print 6397, by Senator Carlucci, an act to 

 6   amend the Public Health Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 120th day after it 

11   shall have become a law.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   173, Senate Print 7102A, by Senator Benjamin, an 

22   act to amend the Public Health Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               551

 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 173, those Senators voting in the 

10   negative are Senators Funke, Griffo, Helming, 

11   Jordan, Little, Ritchie and Serino.  Also Senator 

12   Jacobs.  

13                Ayes, 53.  Nays, 8.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   174, Senate Print 7115, by Senator Rivera, an act 

18   to amend the Public Health Law and the 

19   Education Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               552

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   183, Senate Print 6288A, by Senator Sepúlveda, an 

 9   act to amend the Mental Hygiene Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  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:   Senator 

18   Sepúlveda to explain his vote.

19                SENATOR SEPÚLVEDA:   Thank you, 

20   Mr. President, for allowing me to explain my 

21   vote.  

22                We've heard many discussions today 

23   about the failure of the opioid crisis and what 

24   we're dealing with.  But what this bill does is 

25   deal with what happens when we fail with this 


                                                               553

 1   crisis, what happens to the individual.  And 

 2   generally speaking, they wind up incarcerated.  

 3                So, you know, we know that about 

 4   60 percent of individuals that are incarcerated 

 5   are dealing with some level of abuse, substance 

 6   abuse.  And what this bill does is going to 

 7   require the state to provide an annual report on 

 8   substance abuse disorder treatment programs in 

 9   our facilities.  

10                This data will include what 

11   substance abuse incarcerated individuals are 

12   commonly using.  And the importance of that is 

13   that it will help us with treatment.  It will 

14   help us understand how many individuals are 

15   receiving treatment and how we can provide them 

16   with the services while incarcerated so that when 

17   they come out, they don't return to drug use, to 

18   opioid use, hopefully can cure their addiction 

19   and become productive members of our society and 

20   won't return to prisons where the cost is over 

21   $300,000 per inmate to support them there.  

22                I think we could do a better use of 

23   our tax dollars by providing treatment and 

24   getting people out there to get jobs, to stay in 

25   their jobs and become taxpaying citizens.  


                                                               554

 1                So this is crucial to raise 

 2   awareness of our crisis.  And let's raise it not 

 3   only outside of prisons, but certainly inside of 

 4   prisons where the need is greater.

 5                Thank you.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Sepúlveda to be recorded in the affirmative.

 8                Senator Little to explain her vote.

 9                SENATOR LITTLE:   Thank you, 

10   Mr. President.

11                I would just like to explain my 

12   vote, because I do believe that in our prisons we 

13   need more drug programs.  And that's something 

14   that they are trying to do.  Currently drug 

15   programs are given to inmates as they approach 

16   the time -- within three years, I believe it 

17   is -- of their first opportunity for parole.

18                But the fact that we are getting 

19   drugs in our prisons is a problem.  And it's a 

20   problem that corrections and the Department of 

21   Corrections is working on all the time.  We have 

22   seven-day visitation in the maximum-security 

23   prisons.  We have all kinds of ways of trying to 

24   see that drugs are not coming into the prisons.  

25   And yet they're still getting in.  


                                                               555

 1                And the vendor program, which is one 

 2   that would say that in order to send a package to 

 3   someone, you want to send food and stuff to your 

 4   inmate -- and I have people who call my office 

 5   who have sons and daughters who are in prison, so 

 6   I emphasize with them tremendously.  But their 

 7   fear, too, is that, you know, they need to be 

 8   protected from drugs while they are in prison.

 9                This vendor program, you would have 

10   to go and you'd order what you wanted, buy it, 

11   and the store itself would send it.  But that has 

12   been rejected, as have many of the things to try 

13   to screen for drugs coming into the prisons.

14                So I'd be glad to find a better way 

15   to do it.  I know Corrections would like to find 

16   a better way to keep drugs out of the prisons -- 

17   I think we all would -- and have more drug 

18   rehabilitation programs in prison.  

19                But this bill basically just 

20   requires a lot more reporting, and they already 

21   do a lot of reporting.  But it's just a mandate 

22   on them without any help to achieve the good 

23   results that we're all looking for.

24                Thank you.  I vote no.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               556

 1   Little to be recorded in the negative.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 183, those Senators voting in the 

 5   negative are Senators Borrello, Funke, Helming, 

 6   Jacobs, Jordan, Little, O'Mara, Ortt, Ritchie and 

 7   Robach.  Also Senator Akshar.  

 8                Ayes, 50.  Nays, 11.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   184, Senate Print 6694, by Senator Carlucci, an 

13   act to amend the Mental Hygiene Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 90th day after it 

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Carlucci to explain his vote.

24                SENATOR CARLUCCI:   Thank you, 

25   Mr. President.


                                                               557

 1                I want to thank Senator Harckham and 

 2   Senator Rivera and especially our leader, Senator 

 3   Andrea Stewart-Cousins, for pushing forward this 

 4   legislative package today.  

 5                And unfortunately, in the 

 6   United States over 130 Americans pass away each 

 7   day from an overdose.  In fact, in New York 

 8   State, every two hours another New Yorker passes 

 9   away from an overdose.  Meaning the time that 

10   we've spent together in this chamber today, 

11   another New Yorker has passed away.  

12                That means that the sirens need to 

13   be running, the alarm bells need to be going off, 

14   and we have to be doing everything we possibly 

15   can to end this horrible epidemic that we're 

16   facing.  

17                The legislation that we have before 

18   us right now is an effort to make the parity 

19   real.  We've seen the efforts from the federal 

20   level to the state level to issue parity between 

21   health and mental health services.  The fact is 

22   we have to treat addiction for what it is.  

23   Addiction is a disease.  Just like we fight 

24   against heart disease or diabetes, we have to 

25   address addiction the same way.  


                                                               558

 1                But the reality is that people 

 2   living with substance use disorder, the rates 

 3   have not kept up.  In fact, most of the Medicaid 

 4   rates for substance use disorder have not changed 

 5   in the past 10 years.  

 6                This legislation before us will 

 7   require a workgroup to make sure that we're 

 8   meeting that parity, that we're lifting up the 

 9   reimbursement rates.  Because when we've been 

10   traveling around the state, the providers we talk 

11   to can barely keep the doors open.  

12                That means that we're not only 

13   trying to keep these doors open, but what 

14   incentive is there to provide more providers, to 

15   provide more treatment?  We have to make sure we 

16   don't just talk about parity but we treat mental 

17   health and substance use disorder the same way we 

18   treat healthcare.  And in doing this, in getting 

19   people the treatment and the care that they need, 

20   we can help people recover, live independent, 

21   productive lives, and overall reduce the cost of 

22   healthcare.  

23                So I want to thank my colleagues for 

24   supporting this important legislation.  Let's 

25   make sure we keep the momentum going and make 


                                                               559

 1   sure that other states and the nation are looking 

 2   to New York as leaders in finding the way forward 

 3   to ending the horrible overdose epidemic that 

 4   we've seen.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Carlucci to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   321, Senate Print 5480, by Senator Rivera, an act 

14   to amend the Public Health Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   May to explain her vote.

24                SENATOR MAY:   Thank you, 

25   Mr. President.


                                                               560

 1                I want to thank the members of the 

 2   task force for the important work they did and 

 3   for coming to my district.  

 4                I have the honor of representing the 

 5   exact geographical center of New York State, but 

 6   my region has the dubious distinction of having 

 7   almost double the rate of overdose deaths that we 

 8   see statewide and being among the very top 

 9   counties for neonatal -- or newborns born with 

10   neonatal abstinence syndrome.

11                It meant a lot that the task force 

12   came to my district, that they held a roundtable 

13   specifically about rural issues with opioids, and 

14   that they have responded now to some of the 

15   specific concerns that they heard from the first 

16   responders and the social service providers and 

17   the parents and the addicts themselves that they 

18   talked to in my district.  

19                So this pilot program for infant 

20   recovery centers across the state will help us 

21   keep children alive and healthy.  And that -- 

22   what could be more important than that?  

23                So I want to congratulate 

24   Senator Rivera on this bill, and I proudly vote 

25   aye.


                                                               561

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   May to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   331, Senate Print 5150B, by Senator Harckham, an 

 9   act to amend the Public Health Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

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

14   shall have become a law.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 331, those Senators voting in the 

22   negative are Senators Gallivan, Griffo, Jordan 

23   and Little.  Also Senator O'Mara.  Also 

24   Senator Ortt.  Also Senator Helming.  

25                Ayes, 54.  Nays, 7.


                                                               562

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                Senator Gianaris, that completes the 

 4   reading of today's calendar.

 5                SENATOR GIANARIS:   Can we now go to 

 6   the reading of the controversial calendar, 

 7   please.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will ring the bell.  

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 69, 

12   Senate Print 6650, by Senator Harckham, an act to 

13   amend the Mental Hygiene Law.

14                ACTING PRESIDENT BENJAMIN:    

15   Senator Akshar.

16                SENATOR AKSHAR:   Mr. President, 

17   thank you.

18                Would the sponsor be so kind to 

19   yield to a few questions?  

20                ACTING PRESIDENT BENJAMIN:   Will 

21   the sponsor yield?  

22                SENATOR HARCKHAM:   Absolutely.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR AKSHAR:   Thank you, 


                                                               563

 1   Mr. President.  

 2                Can the sponsor tell me what the 

 3   genesis of the bill was?  

 4                SENATOR HARCKHAM:   Absolutely.  

 5                Through you, Mr. President, we have 

 6   found a lot of gaps in the system as we toured 

 7   the state and we listened to folks.  And the two 

 8   spots where we lose folks the most and we have 

 9   the highest rate of fatality for overdose is 

10   after people leave a hospital and after people 

11   leave a correctional facility -- especially after 

12   a correctional facility.  

13                Because if they've been there a 

14   while and their underlying substance use disorder 

15   or co-occurring mental disorder is not diagnosed 

16   and treated, they may be abstinent, but the 

17   craving for drugs is still there.  They go out 

18   and use the same amount, but they've lost their 

19   tolerance.  And that's why we have such a high 

20   rate of fatalities.  

21                And also immediately after an 

22   overdose hospitalization, when people have come 

23   back, come to, and they leave a hospital without 

24   going into treatment, they are especially at 

25   especially high risk for overdose.  


                                                               564

 1                So those are the two gaps that we're 

 2   trying to fill with this law.

 3                SENATOR AKSHAR:   Thank you.  

 4                Mr. President, through you, if the 

 5   sponsor would continue to yield.

 6                ACTING PRESIDENT BENJAMIN:   Does 

 7   the sponsor yield?  

 8                SENATOR HARCKHAM:   Absolutely.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR AKSHAR:   Mr. President, the 

12   sponsor talks about specifically -- I want to 

13   focus my attention on Section 2 of the particular 

14   piece of legislation as it pertains to 

15   correctional facilities.  That's where my line of 

16   questioning will be.  

17                In all of the statute, though, it 

18   references opioid use disorder.  I'm wondering if 

19   the sponsor could tell me who, within the 

20   confines of a correctional facility, will make 

21   that diagnosis of an inmate.

22                SENATOR HARCKHAM:   Absolutely, 

23   Mr. Chair.  

24                There is an intake that is now done 

25   through Department of Corrections where they do a 


                                                               565

 1   screening of behavioral and physical and 

 2   psychosocial matters, and that's where many 

 3   people are diagnosed.  And if not, there are 

 4   other people who come forward while they're 

 5   incarcerated.  And it needs to be a formal 

 6   diagnosis by a physician, by a CASAC, somebody 

 7   who is professionally certified to diagnose 

 8   someone with opioid use disorder.

 9                SENATOR AKSHAR:   Mr. President, 

10   through you, if the sponsor will continue to 

11   yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR HARCKHAM:   I continue.  

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AKSHAR:   Thank you, 

18   Mr. President.  

19                Within the confines of a 

20   correctional facility, who is expected to 

21   administer this program?

22                SENATOR HARCKHAM:   Yes, absolutely, 

23   it would -- through you, Mr. President, it would 

24   be through the medical professionals at the 

25   facility upon discharge.


                                                               566

 1                SENATOR AKSHAR:   Mr. President, 

 2   through you, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield?

 6                SENATOR HARCKHAM:   Absolutely.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AKSHAR:   This statute that 

10   we're discussing, does this all pertain both to 

11   county correctional facilities as well as state 

12   correctional facilities?  

13                SENATOR HARCKHAM:   Through you, 

14   Mr. President, no, it does not.  It's only state 

15   facilities.  

16                We were concerned about another 

17   unfunded mandate coming from this body.  So it is 

18   for state facilities only.  And we estimate it to 

19   be a cost of about $4.3 million.

20                SENATOR AKSHAR:   Mr. President, 

21   through you, if the sponsor will continue to 

22   yield.

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?

25                SENATOR HARCKHAM:   Absolutely.


                                                               567

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   So let me just ask 

 4   you quickly, if I may, about that particular sum 

 5   or cost.  How do we arrive at that $4.3 million?  

 6                And what are we doing to address 

 7   that particular issue?  I'm encouraged, actually, 

 8   when I hear you say we're not talking about it at 

 9   the county level because we were genuinely 

10   concerned about the cost that the counties would 

11   have to incur.  So how are we addressing the 

12   $4.3 million that we expect this program to cost?  

13                SENATOR HARCKHAM:   Sure.  Through 

14   you, Mr. Chair, this is something that we will 

15   have to put in our one-house budget, we will 

16   fight for as we need to.  

17                And this is really the first step of 

18   a greater expansion of treatment in the 

19   correctional facilities.  And when we get to the 

20   county facilities, we need to invest a larger 

21   share.  We started that process last year, we 

22   need to continue it this year.  But this 

23   $4.3 million needs to be put in by this body as a 

24   prerogative that we're catching people at a 

25   vulnerable time, and we're hoping to fill that 


                                                               568

 1   gap.

 2                SENATOR AKSHAR:   Mr. President, 

 3   through you, if the sponsor will continue to 

 4   yield.

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?  

 7                SENATOR HARCKHAM:   Absolutely.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR AKSHAR:   Mr. President, 

11   through you.  Does the inmate need to be in an 

12   approved substance use disorder jail-based 

13   program in order to receive the Narcan and the 

14   education upon their departure?  

15                SENATOR HARCKHAM:   This is upon 

16   discharge.  They don't necessarily need to be in 

17   a program.  In fact, there are some state 

18   facilities that do not have formal programs 

19   addressing opioid use disorder, which is 

20   unfortunate.  Most of them are centered in a 

21   cluster of prisons where that's a specialty.  

22                So it's really upon determination of 

23   the physician upon discharge.

24                SENATOR AKSHAR:   Mr. President, 

25   through you, if the sponsor will continue to 


                                                               569

 1   yield.

 2                ACTING PRESIDENT BENJAMIN:   Does 

 3   the sponsor yield?

 4                SENATOR HARCKHAM:   Absolutely.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR AKSHAR:   Just so I 

 8   understand, then, if I were to go through the 

 9   intake process and then be diagnosed with a 

10   substance use disorder upon my arrival or my 

11   intake, I spend some time in the correctional 

12   facility, however long that may be.  Upon my 

13   release, whether I've gone through a substance 

14   use disorder program or not, I'm going to be 

15   given this education as well as two doses of 

16   Narcan.

17                SENATOR HARCKHAM:   Yes, that is 

18   correct.  Through you, Mr. President.

19                SENATOR AKSHAR:   Mr. President, 

20   through you, if the sponsor will continue to 

21   yield.

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?

24                SENATOR HARCKHAM:   Absolutely, 

25   Mr. President.


                                                               570

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AKSHAR:   Did we seek the 

 4   input of the Department of Corrections prior to 

 5   the statute, you know, making its way to the 

 6   floor of the Senate and during your 

 7   deliberations?

 8                SENATOR HARCKHAM:   Sure.  We 

 9   received testimony and we had lengthy 

10   conversation with the Department of Corrections.  

11   I do not know if they viewed this draft of the 

12   bill, to be quite honest.

13                SENATOR AKSHAR:   Mr. President, 

14   through you, if the sponsor would continue to 

15   yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR HARCKHAM:   Absolutely.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.  

21                SENATOR AKSHAR:   Did you have 

22   conversations with the corrections officer union 

23   or anybody else about the implementation of this 

24   particular piece of legislation?  

25                SENATOR HARCKHAM:   Through you, 


                                                               571

 1   Mr. President, no, we did not.  Because the 

 2   correction officers themselves will not be 

 3   involved in this.  This will be done through a 

 4   physician.  

 5                And again, this is part of 

 6   addressing a very vulnerable population as they 

 7   leave the correctional facility.  So this is not 

 8   an ongoing mandate or a responsibility to the 

 9   security guards, to the union.  This is done by 

10   the medical staff upon discharge.

11                SENATOR AKSHAR:   Mr. President, 

12   through you, if the sponsor will continue to 

13   yield.

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR HARCKHAM:   Absolutely.

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields.

19                SENATOR AKSHAR:   All right, so just 

20   so we're on the same sheet of music, the 

21   corrections officers will not be required to 

22   administer this program.

23                SENATOR HARCKHAM:   No.  Through 

24   you, Mr. Chair, no.

25                SENATOR AKSHAR:   On the bill, 


                                                               572

 1   Mr. President.

 2                ACTING PRESIDENT BENJAMIN:    

 3   Senator Akshar on the bill.

 4                SENATOR AKSHAR:   Let me thank the 

 5   sponsor for the bill.  I thank him for -- I have 

 6   the good pleasure of serving as the ranking 

 7   member on the Alcoholism and Substance Abuse 

 8   committee, so appreciate the work that we're 

 9   doing.  

10                I appreciate the work that this body 

11   is doing and continues to do in this area.  I 

12   would argue -- respectfully, of course -- that 

13   it's probably one of the only areas in which we 

14   really work in a bipartisan fashion.  And, you 

15   know, we're doing really great work.

16                You know, at the end of the day this 

17   is an incredibly robust calendar, a robust 

18   agenda.  And I think most of what we saw today by 

19   way of legislation was good, and it's going to 

20   help New Yorkers.  

21                But to the chairman of the committee 

22   and to this body as a whole, I implore us, as we 

23   move forward with the budget process, that we 

24   properly allocate funds to deal with this issue.  

25   I think that we fell flat last year.  To keep the 


                                                               573

 1   number at 240 million, I think we did a 

 2   disservice to the community-based providers that 

 3   are fighting on the front lines every single day.  

 4                And I go back to what I said 

 5   yesterday, and people are probably tired of 

 6   hearing me say it, but in an environment in which 

 7   we can spend $300 million to reface the 

 8   Erie Canal, we must be able to find additional 

 9   monies to spend to increase funding in this 

10   particular area.  Because all of the legislation 

11   that we've passed and all of the good things we 

12   are doing by way of statute, Mr. President, we 

13   can't implement that on the ground unless the 

14   people who are fighting on the front lines have 

15   the resources they need.

16                So Mr. President, again, I 

17   appreciate the sponsor's willingness to answer my 

18   questions.  When it comes time, I'll be voting in 

19   the affirmative.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Lanza.

22                SENATOR LANZA:   Thank you, 

23   Mr. President.  Mr. President, would the sponsor 

24   yield for just a couple of questions?  

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               574

 1   the sponsor yield?

 2                SENATOR HARCKHAM:   Absolutely.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR LANZA:   Thank you, 

 6   Mr. President.  Through you.

 7                First I want to commend my colleague 

 8   for his work with regard to this very important 

 9   issue that is ravaging our state.  And I think -- 

10   I want to say you're doing a great job, and I 

11   appreciate it.  

12                I do have a slight concern with this 

13   legislation, and so my question is this.  Is the 

14   Narcan provided directly to the person suffering 

15   through the addiction?  

16                SENATOR HARCKHAM:   Through you, 

17   Mr. President, I'm not sure I got your question.  

18   Is it how is it administered?

19                SENATOR LANZA:   No.  So --

20                SENATOR HARCKHAM:   Or how is it 

21   given when someone leaves?

22                SENATOR LANZA:   Through you, 

23   Mr. President.  When the person is leaving, is 

24   the Narcan provided directly to that person?

25                SENATOR HARCKHAM:   Yes.  Through 


                                                               575

 1   you, Mr. President, what happens is the 

 2   healthcare provider will explain how Narcan is 

 3   used, when it should be used, how it is 

 4   administered.  And then after that education 

 5   process they will be handed a Narcan kit.  It 

 6   comes in a pouch -- similar to the ones that when 

 7   many of us do trainings in our district, it comes 

 8   in a pouch, there are gloves, there's a mask, and 

 9   there are two doses of Narcan in squirt vials.

10                SENATOR LANZA:   Mr. President, 

11   would the sponsor yield for a question? 

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR HARCKHAM:   Absolutely.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.  

17                SENATOR LANZA:   Thank you.  Through 

18   you, Mr. President.

19                Over the last eight years I've 

20   sponsored dozens upon dozens of Narcan training 

21   programs where we've handed out thousands of 

22   Narcan kits to people across the community of 

23   Staten Island that I represent.  Typically the 

24   people that come to these programs are not the 

25   people that are suffering through the addiction 


                                                               576

 1   but their family and friends and just concerned 

 2   residents.  The thought being that the more these 

 3   kits are out there, the more likely it is that 

 4   someone might be at the scene of where a person 

 5   is suffering through an overdose.  

 6                My question to you is, I don't think 

 7   we can expect a person who is suffering an 

 8   overdose to be able to self-administer Narcan.  

 9   So wouldn't it be more efficient or effective if 

10   these kits were handed to that leaving -- that 

11   departing person's family or friends?

12                SENATOR HARCKHAM:   Through you, 

13   Mr. President.  Not everybody has family and 

14   friends.  And certainly they are not in the 

15   facility when someone is being discharged.  

16                The thought is that in harm 

17   reduction strategies, the point is if people are 

18   going to use, we want to keep them alive until 

19   they're ready for treatment.  That's the point of 

20   harm reduction.  

21                So the point is to encourage people, 

22   if they're going to use, to use with somebody 

23   else.  I'll watch you, you watch me.  That's why 

24   there are two doses.  So the thought is that 

25   whoever this person either is using with or 


                                                               577

 1   living with -- so, for instance, they may go to a 

 2   shelter, as often happens when people come out of 

 3   prison, and they don't have family there.  But 

 4   maybe they have a buddy there who can watch them, 

 5   who can be their supervisor while they need to do 

 6   what they need to do.  

 7                If someone goes to a location that 

 8   has a family, great, even better.  Like you, I 

 9   have a lot of families who come to our Narcan 

10   trainings as well.  

11                But at least we're getting them 

12   started on the process initially, in the hopes 

13   that -- obviously our hope is that they get 

14   linked to treatment immediately.  But we know 

15   that relapse is part of this disease, and so 

16   especially when they're that vulnerable, we want 

17   them to have this on them.

18                SENATOR LANZA:   Mr. President, on 

19   the bill.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Lanza on the bill.

22                SENATOR LANZA:   Again, I want to 

23   thank the sponsor.  

24                I'm going to support this 

25   legislation for the simple reason that I believe 


                                                               578

 1   the more of these kits that are out there in the 

 2   community, the better it is for all of us.  And, 

 3   you know, this issue is so widespread and 

 4   devastating that every little bit helps.  

 5                I just think it might be better in 

 6   this case to make sure that if someone is leaving 

 7   and they do have friends and they do have family, 

 8   that we somehow get the kits into their hands.  

 9   Because clearly we all understand if you're going 

10   through -- if you're overdosing, you're not going 

11   to be in a position to be able to save yourself, 

12   you need somebody to be there with this kit.  

13                Again, the more kits in the 

14   community, the better it is for all of us, so I 

15   support the legislation.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Harckham on the bill.

19                SENATOR HARCKHAM:   Thank you, 

20   Mr. President.  

21                I want to thank both my colleagues 

22   for their good and probing questions.  And I 

23   agree with them, we should put our money where 

24   our mouth is, not just in terms of this 

25   legislation but in terms of the whole safety net 


                                                               579

 1   in terms of mental health treatment and substance 

 2   use disorder treatment.  

 3                We heard out in the field very 

 4   clearly from the professionals that we are 

 5   $100 million short of where we need to be to 

 6   address this crisis.  And a subway platform, a 

 7   homeless shelter, a correctional facility should 

 8   not be the first location that somebody gets 

 9   treatment for substance use disorder or mental 

10   health.  If that's the case, we have failed them.  

11   We as a society have failed them, and we as a 

12   government body have failed them.  

13                So are we going to come up with 

14   $100 million tomorrow?  No.  But last year we did 

15   add 7.5.  I think we need to do much more than 

16   that this year, in challenging times.  

17                But if we are all committed to this, 

18   as it sounds like everybody is, you know, we're 

19   going to have some tough decisions to make about 

20   how we raise this revenue, because a lot of the 

21   things that we talk about as flash-button issues, 

22   at the heart of it is the lack of treatment for 

23   mental health disorders, substance use disorders, 

24   and the two combined.

25                So I thank my colleagues, I agree 


                                                               580

 1   this has been a good area for us to work in a 

 2   bipartisan fashion, and I support the bill.

 3                Thank you.

 4                ACTING PRESIDENT BENJAMIN:   Are 

 5   there any other Senators wishing to be heard?  

 6   Seeing and hearing none, debate is closed.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Mr. President, 

 9   by consent, can we return this to the 

10   noncontroversial calendar and take up the vote, 

11   please.

12                ACTING PRESIDENT BENJAMIN:   Without 

13   objection, so ordered.

14                Read the last section.

15                THE SECRETARY:   Section 4.  This 

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

17   shall have become a law.

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:   In relation to 

24   Calendar Number 69, those Senators voting in the 

25   negative are Senators Flanagan, Gallivan, Griffo, 


                                                               581

 1   O'Mara, Ortt, Ritchie and Robach.

 2                Ayes, 54.  Nays, 7.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                Senator Gianaris, that completes the 

 6   reading of the controversial calendar.

 7                SENATOR GIANARIS:   Mr. President, 

 8   if we can return to motions for a second, on 

 9   behalf of Senator Kaminsky, on page 11, I offer 

10   the following amendments to Calendar 161, 

11   Senate Print 5786A, and ask that said bill retain 

12   its place on Third Reading Calendar.

13                ACTING PRESIDENT BENJAMIN:   The 

14   amendments are received, and the bill shall 

15   retain its place on the Third Reading Calendar.

16                SENATOR GIANARIS:   There will be, 

17   at the conclusion of session, a meeting of the 

18   Labor Committee in Room 124.  

19                And with that, is there any further 

20   business at the desk?

21                ACTING PRESIDENT BENJAMIN:   There 

22   will be an immediate meeting of the Labor 

23   Committee in Room 124 of the Capitol.  

24                There is no further business at the 

25   desk.


                                                               582

 1                SENATOR GIANARIS:   I move to 

 2   adjourn until tomorrow, Wednesday, February 5th, 

 3   at 11:00 a.m.

 4                ACTING PRESIDENT BENJAMIN:   On 

 5   motion, the Senate stands adjourned until 

 6   Wednesday, February 5th, at 11:00 a.m.

 7                (Whereupon, at 5:52 p.m., the Senate 

 8   adjourned.)

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