Regular Session - February 10, 2020

                                                                   638

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 10, 2020

11                      3:56 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  


                                                               639

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   Reading 

14   of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   February 9, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, 

18   February 8, 2020, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator Bailey 


                                                               640

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 9060 and substitute it for 

 3   the identical Senate Bill 6944, Third Reading 

 4   Calendar 23.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   Senator Gounardes 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 8983 and substitute it for 

10   the identical Senate Bill 6967, Third Reading 

11   Calendar 46.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   Senator Salazar 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 9134 and substitute it for 

17   the identical Senate Bill 7192, Third Reading 

18   Calendar 116.

19                ACTING PRESIDENT BENJAMIN:   The 

20   substitution is so ordered.

21                THE SECRETARY:   Senator Hoylman 

22   moves to discharge, from the Committee on Rules, 

23   Assembly Bill Number 9646 and substitute it for 

24   the identical Senate Bill Number 7623, Third 

25   Reading Calendar 322.


                                                               641

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                Messages from the Governor.

 4                Reports of standing committees.

 5                Reports of select committees.

 6                Communications and reports from 

 7   state officers.

 8                Motions and resolutions.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Mr. President, 

11   on behalf of Senator Sanders, I move to amend 

12   Senate Bill 3851A by striking out the amendments 

13   made on June 19th and restoring it to its 

14   previous print number, 3851.

15                ACTING PRESIDENT BENJAMIN:   The 

16   amendments are received, and the bill shall 

17   retain its place on the Third Reading Calendar.

18                Senator Gianaris.

19                SENATOR GIANARIS:   Mr. President, 

20   there's a privileged resolution at the desk.  

21   Please read its title only and recognize Senator 

22   Kennedy on the resolution.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Secretary will read.

25                THE SECRETARY:   Senate Resolution 


                                                               642

 1   2662, by Senator Kennedy, memorializing Governor 

 2   Andrew M. Cuomo to proclaim February 10, 2020, as 

 3   Canada Day in the State of New York.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Kennedy on the resolution.

 6                SENATOR KENNEDY:   Thank you, 

 7   Mr. President.

 8                It's a great privilege and honor of 

 9   mine today to welcome and honor the relationship 

10   between the United States and Canada and to 

11   recognize a few distinguished guests that we have 

12   joining us here today on the Senate floor.

13                We have with us here today the 

14   Acting Consul General of Canada in New York, 

15   Khawar Nasim; the Quebec Delegate General, 

16   Catherine Loubier; Ontario's Representative to 

17   the United States, Ian Todd; Nada Jarjour, the 

18   Quebec Delegate General; and Rachael Homewood, 

19   the Senior Advisor to the Canadian Consulate, 

20   along with Peter Rose, from the Quebec Government 

21   Office in New York.  

22                These distinguished leaders are here 

23   with us to celebrate February 10, 2020, as 

24   Canada Day here in the State of New York.  

25                And as we all know, New York and 


                                                               643

 1   Canada share deep economic, historic and cultural 

 2   ties, in addition to the largest bilateral 

 3   tourism industry in the United States.  

 4                Billions and billions of dollars are 

 5   exchanged between our two great countries and 

 6   uniquely between New York State and Canada every 

 7   single year.  In vacation spending alone, there's 

 8   over $1.6 billion in money that's spent by over 

 9   5 million Canadians that visit the State of 

10   New York each and every year.  

11                This partnership has led to more 

12   than 700 Canadian-owned companies putting down 

13   roots and growing our economy right here in 

14   New York State.  These very companies are 

15   responsible for creating hundreds and hundreds of 

16   thousands of jobs here in New York.  And with a 

17   shared border measuring 444 miles in length and 

18   17 international border crossings, our economies 

19   are tightly linked.  

20                Canada serves as New York's primary 

21   export market, to the tune of $13.8 billion in 

22   annual exports -- and that list is only expected 

23   to grow in the years to come.  

24                On top of that, Canada has a very 

25   unique history with us, not only here in the 


                                                               644

 1   State of New York but in the United States of 

 2   America.  The millions and millions of immigrants 

 3   that came over hundreds of years ago to our 

 4   hemisphere from across the pond, many of them 

 5   could not get into our great country, were turned 

 6   away at the border for various reasons, including 

 7   disease.  The country of Canada welcomed them.  

 8   Many of our ancestors made their way through 

 9   Canada, still live there today, and many came 

10   down and ended up settling right here in the 

11   United States and here in the great State of 

12   New York.

13                So our histories are very much 

14   linked, our cultures are very much linked, 

15   whether we're talking about the great American 

16   pastime of baseball, where people cross over the 

17   border to see the Toronto Blue Jays or they come 

18   over and visit the Buffalo Bills, the only 

19   New York State football team --

20                (Laughter.)

21                SENATOR KENNEDY:   -- or we are 

22   sharing our rivalries, be it the Rangers or the 

23   Islanders or of course the great Buffalo Sabres 

24   organization, the Toronto Maple Leafs, the 

25   Montreal Canadiens, and the list goes on and on.  


                                                               645

 1                Our communities respect each other, 

 2   we love each other, and we share our economies 

 3   and our mutual histories and futures together.

 4                So we welcome you with open arms.  

 5   Thank you so much for visiting us here today.  

 6   Thank you for celebrating Canada Day today here 

 7   in the State of New York.  Please offer all 

 8   privileges of the house to our guests, and we 

 9   look forward to our relationship growing even 

10   stronger in the years ahead.  

11                Welcome, and thank you.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Little on the resolution.

14                SENATOR LITTLE:   Thank you, 

15   Mr. President.  

16                It's my honor to stand and to 

17   welcome our neighbors but, more importantly, our 

18   friends to the north.  My district borders Canada 

19   with Clinton County, Franklin County; the 

20   Akwesasne Reservation is partly in Canada, partly 

21   in the U.S.; and we are so intertwined.  

22                The City of Plattsburgh has a huge 

23   number of Canadian companies which are operating 

24   in Plattsburgh, to the point that 15 percent of 

25   the workforce in Plattsburgh goes to work every 


                                                               646

 1   morning to a Canadian company who is operating in 

 2   Plattsburgh.  

 3                And we have companies throughout the 

 4   district:  Kruger has two hydro plants, we have 

 5   Irving Tissue in Washington County, as well as 

 6   Bombardier, Nova Bus, and so many others.

 7                So we have also, in athletics, one 

 8   of the most popular economic engines in the 

 9   Lake Placid area is CAN/AM Hockey, which is 

10   operating every week.  And you see youngsters 

11   playing hockey, and a real international event 

12   and tournament that goes on.  

13                And just Friday night at our local 

14   hockey team, the Adirondack Thunder, in 

15   Glens Falls, the Queensbury Middle School sang 

16   the Canadian National Anthem because we were 

17   playing a Canadian team.  

18                So it's a pleasure to have you here.  

19   And I look forward to seeing you tonight at our 

20   Canada reception, which they are having at 5:30, 

21   and everyone is invited.  So thank you very much 

22   for being here, and thanks for being such a great 

23   partner.  Thank you.  

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Griffo on the resolution.


                                                               647

 1                SENATOR GRIFFO:   Thank you, 

 2   Mr. President.

 3                I want to welcome our distinguished 

 4   guests today.  And as another member of the 

 5   Senate who has the border of Canada with northern 

 6   New York, we do appreciate all of the goodwill 

 7   and all of the continued conversations that we 

 8   have together to ensure that we make both our 

 9   state and nation here in America, as well as the 

10   provincial governments in the nation of Canada, 

11   continue to be good partners.  

12                And I just want to add something 

13   today, and we continue looking forward to that 

14   positive relationship moving forward.  And 

15   Senator Kennedy, you were very eloquent today, 

16   but there was another Kennedy more eloquent than 

17   you.  And I just want to remember what President 

18   John F. Kennedy once said:  Geography has made us 

19   neighbors.  History has made us friends.  

20   Economics has made us partners, and necessity has 

21   made us allies.  Those whom God has so joined 

22   together, let no man put asunder.  

23                God bless you, and welcome.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Ritchie on the resolution.


                                                               648

 1                SENATOR RITCHIE:   Thank you.  

 2                I'd just like to add my voice to 

 3   welcoming our neighbors.  I actually do only live 

 4   a couple of miles from the border and have a 

 5   pretty regular trip across either the bridge on 

 6   Alex Bay or in Ogdensburg.  And we spend a lot of 

 7   time there.  

 8                I do, on pretty much a daily basis, 

 9   check the parking lots to see how many of our 

10   Canadian friends are there.  And this afternoon 

11   is a little special for us, because our Canadian 

12   counterparts are going to be meeting at a city 

13   council meeting in Ogdensburg.  They've been 

14   working on a project with us:  The first bicycle 

15   ferry back and forth from Ogdensburg to Prescott.  

16   And we look forward to having that up and 

17   running.  I want to say I appreciate the 

18   friendship.  

19                And we talk about another country.  

20   When you live so close to the border, we don't 

21   see Canada as another country, we just see it as 

22   an extension of our family and friends.  

23                So welcome, glad to have you back, 

24   and look forward to making my next trip over.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               649

 1   question is on the resolution.

 2                All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT BENJAMIN:    

 5   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   resolution is adopted.

 9                To our guests from Canada, I welcome 

10   you on behalf of the Senate.  We extend to you 

11   all of the privileges and courtesies of this 

12   house.  Please rise and be recognized.

13                (Standing ovation.)

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Gianaris.

16                SENATOR GIANARIS:   Mr. President, 

17   at the request of Senator Kennedy, that 

18   resolution is open for cosponsorship.

19                ACTING PRESIDENT BENJAMIN:   The 

20   resolution is open for cosponsorship.  Should you 

21   choose not to be a cosponsor of the resolution, 

22   please notify the desk.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Can we now take 

25   up the reading of the calendar, please.


                                                               650

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 23, 

 4   Assembly Print Number 9060, substituted earlier 

 5   by Assemblymember Wright, an act to amend the 

 6   Correction Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

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

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

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Akshar to explain his vote.

17                SENATOR AKSHAR:   Mr. President, 

18   thank you.  

19                When I come here on Monday morning, 

20   when I drive up to Albany on Monday morning, I 

21   ask myself, When will the madness ever stop?  

22                First it was the disastrous bail 

23   reform, then the discovery reform, now we've 

24   suggested we're going to take away facial 

25   recognition from the NYPD.  We've suggested that 


                                                               651

 1   we're going to offer elder parole.  We've 

 2   suggested about repealing 50-A.  This weekend an 

 3   attempted assassination on the NYPD.  How do we 

 4   respond?  We say now if you get a degree when 

 5   you're in prison, we will consider letting you 

 6   out early.

 7                I for one am disgusted with the 

 8   message that this house continues to send to 

 9   law-abiding New Yorkers.  And it's abundantly 

10   clear what we're saying.  We're saying, once 

11   again, that this house is putting criminals 

12   before law-abiding citizens.  

13                Mr. President, I vote no.

14                ACTING PRESIDENT BENJAMIN:    

15   Senator Akshar to be recorded in the negative.

16                Senator Bailey to explain his vote.

17                SENATOR BAILEY:   Thank you, 

18   Mr. President.

19                I must disagree with my esteemed 

20   colleague across the aisle, as this is a 

21   clarification on a chapter amendment that was 

22   passed last year.  And I didn't hear the same 

23   energy on this bill, Mr. President, last year.  

24                So for those reasons, I vote aye.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               652

 1   Bailey to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 23, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Borrello, 

 6   Flanagan, Funke, Gallivan, Griffo, Helming, 

 7   Jacobs, Jordan, Lanza, Little, O'Mara, Ortt, 

 8   Ranzenhofer, Ritchie, Robach and Seward.  Also 

 9   Senator Tedisco.  Also Senator Boyle.  Also 

10   Senator Serino.  

11                Ayes, 39.  Nays, 21.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 46, 

15   Assembly Print Number 8983, substituted earlier 

16   by Assemblymember Carroll, an act to amend the 

17   Vehicle and Traffic Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

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

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

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               653

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 56, 

 7   Senate Print 1054A, by Senator Persaud, an act to 

 8   amend the Penal 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   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 56, voting in the negative:  

20   Senator Ranzenhofer.  

21                Ayes, 59.  Nays, 1.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   111, Senate Print 7187, by Senator Kaplan, an act 


                                                               654

 1   to amend the Real Property Tax Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

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

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   116, Assembly Print Number 9134, substituted 

17   earlier by Assemblymember Lavine, an act to amend 

18   the Public Health 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.)


                                                               655

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   122, Senate Print 2494, by Senator Serrano, an 

 8   act to amend the Parks, Recreation and Historic 

 9   Preservation 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:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   139, Senate Print 5723, by Senator Jackson, an 

24   act to amend the Administrative Code of the City 

25   of New York.  


                                                               656

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 60.  Nays, 1.  

11   Senator Felder voting in the negative. 

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   147, Senate Print 5574, by Senator SepĂșlveda, an 

16   act to amend the Civil Practice Law and Rules.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect on the 30th day after it 

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               657

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   156, Senate Print 4661, by Senator Kaminsky, an 

 7   act to amend the Alcoholic Beverage Control Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 7.  This 

11   act shall take effect immediately.

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   162, Senate Print 2174, by Senator Bailey, an act 

22   to amend the Social Services Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               658

 1   act shall take effect on the 90th 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:   Ayes, 61.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   163, Senate Print 3041, by Senator Sanders, an 

13   act to amend the Social Services 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:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               659

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   178, Senate Print 4188, by Senator Kennedy, an 

 4   act to amend the Banking Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 178, those Senators voting in the 

17   negative are Senators Borrello, Flanagan, Jacobs, 

18   Jordan, O'Mara, Ortt and Seward.

19                Ayes, 54.  Nays, 7.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   179, Senate Print 7063, by Senator Little, an act 

24   to amend the Real Property Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               660

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

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

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

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   180, Senate Print 3872A, by Senator Carlucci, an 

15   act to amend the Mental Hygiene Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Carlucci to explain his vote.

25                SENATOR CARLUCCI:   Thank you, 


                                                               661

 1   Mr. President.

 2                As we've seen from recent reports, 

 3   the senior population in the United States within 

 4   the next 30 years is expected to double.  This 

 5   legislation that we have before us today will 

 6   help to break down the silos that exist between 

 7   the Department of Health, between Mental Health 

 8   and the home care services that exist.

 9                We have to make sure that as our 

10   seniors are aging, as all of us are aging, that 

11   we're able to meet the challenges of our time.  

12   We have to make sure that we are working together 

13   between agencies, between Mental Health and home 

14   care providers, to provide the most 

15   comprehensive, patient-centered service possible.  

16   This will lead to better outcomes, as we all 

17   know.  

18                And this is an effort to be 

19   proactive instead of reactive, to really show an 

20   example of what's possible in treating people 

21   living with mental illness, treating them at home 

22   and making sure they can live as productive and 

23   independent lives as possible.

24                So, Mr. President, I'll be 

25   supporting this legislation, and I want to thank 


                                                               662

 1   my colleagues for doing the same.

 2                Thank you.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Carlucci to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   322, Assembly Print Number 9646, substituted 

11   earlier by Assemblymember Magnarelli, an act to 

12   amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 5.  This 

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

17   same manner as a chapter of the Laws of 2020.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               663

 1                Senator Gianaris, that completes the 

 2   reading of today's calendar.

 3                SENATOR GIANARIS:   Mr. President, 

 4   can we now go back to motions and resolutions and 

 5   take up previously adopted Resolution 2713, by 

 6   Senator Harckham, read it in its entirety, and 

 7   recognize Senator Harckham.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   Secretary will read.

10                THE SECRETARY:   Senate Resolution 

11   2713, by Senator Harckham, mourning the death of 

12   Judith Johnson, prominent educator, distinguished 

13   citizen, and devoted member of her community.

14                "WHEREAS, It is the custom of this 

15   Legislative Body to pay tribute to citizens of 

16   the State of New York whose lifework and civic 

17   endeavors served to enhance the quality of life 

18   in their communities and the great State of 

19   New York; and 

20                "WHEREAS, Judith Johnson of 

21   New Hempstead, New York, died on Tuesday, October 

22   22, 2019, at the age of 80; and 

23                "WHEREAS, Starting her career as a  

24   teacher in the New York City schools, Judith 

25   Johnson went on to serve in administrative roles 


                                                               664

 1   for the Mamaroneck, Southern Westchester BOCES, 

 2   Nyack, and White Plains school systems; and 

 3                "WHEREAS, Judith Johnson's 

 4   immaculate career included a tenure in the 

 5   United States Department of Education under 

 6   President Bill Clinton, first serving as Deputy 

 7   Assistant Secretary and later as the Acting 

 8   Assistant Secretary for Elementary and Secondary 

 9   Education; and 

10                "WHEREAS, Following this endeavor, 

11   Judith Johnson returned to New York State and 

12   served as Superintendent of Peekskill Schools 

13   from 2001 to 2011, and Interim Superintendent of 

14   Mount Vernon Schools from 2012 to 2014; and 

15                "WHEREAS, In 2008, Judith Johnson 

16   was named New York State School Superintendent of 

17   the Year, making her the first African-American 

18   to receive this auspicious award from the 

19   New York State Council of School Superintendents; 

20   and 

21                "WHEREAS, Furthermore, in 2015, 

22   Judith Johnson was inducted into the Rockland 

23   County Civil Rights Hall of Fame; that same year, 

24   she was chosen by legislative leaders to 

25   represent the 9th Judicial District on the Board 


                                                               665

 1   of Regents, which creates educational policy; and 

 2                "WHEREAS, A true pillar in her 

 3   community, Judith Johnson was often seen at 

 4   schools, nonprofits, and community events; this 

 5   extraordinary woman truly cared about the life 

 6   and well-being of all the students and families 

 7   she came in contact with; and 

 8                "WHEREAS, Armed with a humanistic 

 9   spirit and imbued with a sense of compassion, 

10   Judith Johnson leaves behind a legacy which will 

11   long endure the passage of time and will remain 

12   as a comforting memory to all she served and 

13   befriended; now, therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to mourn the 

16   death of Judith Johnson, prominent educator,  

17   distinguished citizen, and devoted member of her 

18   community, and to acknowledge all the work she 

19   did over her illustrious career to nurture the 

20   hearts and minds of young New Yorkers in the 

21   Lower Hudson Valley; and be it further 

22                "RESOLVED, That a copy of this 

23   resolution, suitably engrossed, be transmitted to 

24   the family of Judith Johnson."

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               666

 1   Harckham on the resolution.

 2                SENATOR HARCKHAM:   Thank you, 

 3   Mr. President.

 4                It's fitting that today we are 

 5   passing this resolution for Regent Judith 

 6   Johnson, as tonight at 5:00 the Board of Regents 

 7   will be holding a tribute in her honor at the 

 8   State Museum, to which many of you have been 

 9   invited and will be attending.

10                Although she resided technically in 

11   Rockland County, we like to claim her in 

12   Westchester County because much of her storied 

13   career happened in Westchester.  

14                But whether she lived in Rockland or 

15   served in Westchester, her legacy of helping 

16   children and putting children first really 

17   impacted every child in this state.  And Judith 

18   Johnson believed that every child had a right to 

19   an equal education regardless of the zip code 

20   from which they came.  She fought tirelessly for 

21   funding for every child to get a sound education, 

22   and yet she also believed that the community 

23   which that child came from needed to surround all 

24   of the children, to help support them as they 

25   strove for that education.


                                                               667

 1                Now, she had a varied career.  But 

 2   she started as a teacher, as an administrator, 

 3   and she served prominent positions in White 

 4   Plains, in Mount Vernon, and in my home city, the 

 5   Peekskill School District, where she was a 

 6   superintendent for 10 years.  And in 2008, she 

 7   was named the New York State Superintendent of 

 8   the Year, the first African-American in the 

 9   history of that award to win that award.

10                So upon her passing, you know, we 

11   need to remember her legacy.  Her son was on his 

12   way here, which is why I thank everyone for 

13   holding this.  He's not quite here, but we'll 

14   give him this resolution this evening.  

15                But her legacy is a lasting one and 

16   a powerful one.  She leaves big shoes to be 

17   filled.  I know there are interviews underway, 

18   and thanks to Chairwoman Mayer for taking up 

19   those efforts.  But she left a great legacy, and 

20   we are all better off and our children are better 

21   off for her service to the State of New York.

22                Thank you, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Carlucci on the resolution.

25                SENATOR CARLUCCI:   Thank you, 


                                                               668

 1   Mr. President.  

 2                I want to thank Senator Harckham for 

 3   putting forward this important resolution.  

 4                And I was just so honored and 

 5   privileged to get to know Regent Judith Johnson.  

 6   Before she became our Regent, she helped us on a 

 7   consistent basis in finding a way forward in the 

 8   East Ramapo School District.  Judith Johnson 

 9   lived in the East Ramapo School District and was 

10   a constituent of mine, and we were just so 

11   blessed and fortunate to have her as part of our 

12   team.  

13                Before, she had the resume that 

14   anyone would dream of in education, and her 

15   experience in the White House, working under 

16   President Clinton, and her time as superintendent 

17   in Mount Vernon, as the previous speaker had 

18   mentioned.  But what was most fitting was she 

19   spent the time.  She listened.  And she used her 

20   expertise for such great good things.  

21                We have a long road ahead of us when 

22   it comes to fixing education policy in this 

23   state, and particularly for the districts that I 

24   represent like East Ramapo, like Ossining, that 

25   we've been left so far behind with the changing 


                                                               669

 1   dynamic in our community.  And Judith Johnson got 

 2   that and understood that and said, Hey, we're in 

 3   the 21st century.  We're dealing with situations 

 4   that we haven't before, and our education policy 

 5   has to keep up.  And she fought and pushed and 

 6   pulled to really drag our education policy into 

 7   the 21st century.  

 8                And I'm just so grateful to her 

 9   legacy, to the work that she did, the work that 

10   is not mentioned in the resolutions -- the 

11   tireless -- the lengthy hours that she spent, the 

12   going to the board meetings and on the side to 

13   work with us to craft legislation, whether it was 

14   the monitor in the East Ramapo School District or 

15   spin-up legislation for the East Ramapo School 

16   District, thinking of creative ways, things that 

17   hadn't been done before, but ways that we could 

18   move forward and make sure that all of our 

19   children got the best education possible.

20                So it's just humbling to be here and 

21   speak on the resolution to honor and commemorate 

22   the life of Judith Johnson.  It's a legacy that 

23   won't be forgotten in Rockland County.  And I'm 

24   hopeful it's a legacy that inspires so many 

25   throughout the State of New York.  


                                                               670

 1                So I want to thank my colleagues for 

 2   taking up this resolution.  Thank you, 

 3   Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Mayer on the resolution.

 6                SENATOR MAYER:   Thank you, 

 7   Mr. President.

 8                It's truly an honor to speak about 

 9   the legacy of Judith Johnson, Regent and many 

10   other things.

11                I want to thank my colleague Senator 

12   Harckham for bringing this to the floor, and to 

13   the Board of Regents for celebrating her tonight.

14                You know, there were some 

15   characteristics of Judith Johnson that I think 

16   are frequently forgotten.  First of all, she was 

17   incredibly courageous and forward-thinking.  She 

18   did not hesitate to question and to criticize, 

19   but she did it in a most loving way.  She came to 

20   every meeting thoroughly prepared, every speech 

21   had written remarks prepared.  She had done her 

22   homework.  But she always asked the question:  

23   What is fair, what is just, how can we do better?  

24   And she did it in the most positive way.  

25                All of us could learn a lesson from 


                                                               671

 1   her leadership in that regard.  She viewed us as 

 2   on the path to justice, but it wasn't going to 

 3   happen right away.  And really she was a role 

 4   model in that respect.

 5                Also she was -- her commitment to 

 6   equity and justice was the most dominant theme of 

 7   her life, whether in East Ramapo, coming to 

 8   Yonkers, Ossining, the City of New York -- every 

 9   place she went, she cared about every child and 

10   she exhibited it in the most personal way.  She 

11   got joy out of every child.  And you could see 

12   that when she went to schools.  

13                She loved going to schools and 

14   seeing children.  It was the experience of 

15   children that motivated her.  She cared less 

16   about the adults and more about the children.

17                Finally, something that she did is 

18   that she talked about arts and music everywhere 

19   she went in school, she talked about the changing 

20   of her own life through exposure as a young girl 

21   in New York City to art and music.  And it just 

22   carried her through the day.  

23                It's a tremendous loss.  And as we 

24   interviewed Regent candidates last week, it was 

25   clear, her shoes will not be filled.  She was 


                                                               672

 1   really larger than life in the most human and 

 2   loving way, a way that showed that she cared 

 3   about children.  

 4                So it's fitting that we honor her, 

 5   but also we should not forget her, because she 

 6   had a lesson to teach us and we need to carry it 

 7   on.  May her memory be a blessing.  

 8                Thank you, Mr. President.  

 9                ACTING PRESIDENT BENJAMIN:    

10   Senator Bailey on the resolution.

11                SENATOR BAILEY:   Thank you, 

12   Mr. President.  

13                I thank Senator Harckham as well for 

14   introducing this very important resolution about 

15   somebody who was a giant in the educational 

16   community, and her name resonated far beyond the 

17   district that she represented. 

18                On the Sunday of her services that 

19   were up in Rockland, I happened to be attending a 

20   church service a few blocks from where I grew up 

21   on 227th Street in the Bronx.  And it was 

22   mentioned that somebody was going to go to -- we 

23   were going to go to her services, and the room 

24   quieted down.  Many of these folks from the 

25   Bronx, many of these folks from Lower Westchester 


                                                               673

 1   County all knew about Judith Johnson and the 

 2   indelible impact that she had on education.

 3                As a Bronx boy, I didn't really 

 4   fully understand her greatness until I sat down 

 5   with her one day, sat down with her and 

 6   Dr. Hamilton, the Mount Vernon superintendent, 

 7   one day.  She had an incredible recall, an 

 8   incredible ability to talk about educational 

 9   policy -- not just in terms of theoretical, but 

10   she could really break it down.  She understood 

11   where Mount Vernon was in the direction that she 

12   wanted it to go.  And she was incredibly 

13   passionate about the students, everything that 

14   Senator Mayer said.  

15                She spoke about the transformation 

16   of Thornton High School to have a more profound 

17   effort on music and the arts in the City of 

18   Mount Vernon, and she was very proud about that.  

19   And she had so many things that she wanted to do.  

20                And every time I saw her, it was 

21   when I was visiting a school and she was visiting 

22   the school too.  She wasn't just a Regent in 

23   name, she was a Regent in action.  And not 

24   inaction, she was in action.  Mr. President, she 

25   was in every possible school.  And I felt that at 


                                                               674

 1   some times she was kind of checking up on me, 

 2   because we'd always be at the same school at the 

 3   same time.

 4                But I am grateful for what she did 

 5   and the legacy that she will leave, in that she 

 6   makes sure that we understand that education is 

 7   first, second and last for our children.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT BENJAMIN:    

10   Senator Skoufis on the resolution.

11                SENATOR SKOUFIS:   Thank you, 

12   Mr. President.

13                And I too want to express my 

14   gratitude to Senator Harckham for bringing some 

15   attention to what is -- or who is one of the most 

16   remarkable people that I've encountered in my 

17   eight years here in the State Legislature.

18                And, you know, much has been made, 

19   rightfully so, about Judith Johnson's resume, her 

20   experience.  I was part of the Hudson Valley 

21   delegation that interviewed her and many others 

22   when she was first seeking appointment.  And 

23   seeing her resume, it is second to none -- anyone 

24   that has ever applied to the Board of Regents, 

25   second to none, the vast set of experience that 


                                                               675

 1   she brought to this job.  

 2                But that's not what I want to focus 

 3   on.  What I want to focus on is the fact that 

 4   Judith Johnson is someone, once she got 

 5   appointed, was someone who lived and breathed 

 6   every moment on behalf of the students in this 

 7   state.  There are some Regents -- all of whom are 

 8   good people, but some Regents who have other 

 9   jobs, other commitments, other focuses.  Judith 

10   Johnson, this is what she did all day, every day, 

11   40, 50, 60 hours a week.  I'd spend entire days 

12   with her in my district.  

13                This is someone whose shoes cannot 

14   be filled.  We have great applicants who are 

15   coming to fill this seat that she filled for a 

16   number of years, but there is no one who can fill 

17   the shoes of Judith Johnson.  She will be greatly 

18   missed.  Her mark that she has left on this state 

19   is indelible.  

20                And I am very fortunate to have 

21   counted her as a friend and a colleague on behalf 

22   of education and the children in this state.  

23                Thank you, Mr. President.  

24                ACTING PRESIDENT BENJAMIN:   The 

25   resolution was previously adopted on 


                                                               676

 1   February 4th.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   At the request 

 4   of Senator Harckham, that resolution is also open 

 5   for cosponsorship.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution is open for cosponsorship.  Should you 

 8   choose not to be a cosponsor of the resolution, 

 9   please notify the desk.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Mr. President, 

12   is there any further business at the desk?

13                ACTING PRESIDENT BENJAMIN:   There 

14   is no further business at the desk.

15                SENATOR GIANARIS:   I move to 

16   adjourn until tomorrow, Tuesday, February 11th, 

17   at 3:00 p.m.

18                ACTING PRESIDENT BENJAMIN:   On 

19   motion, the Senate stands adjourned until 

20   Tuesday, February 11th, at 3:00 p.m.

21                (Whereupon, at 4:30 p.m., the Senate 

22   adjourned.)

23

24

25