Regular Session - March 3, 2020

                                                                   1097

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 3, 2020

11                      3:39 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  


                                                               1098

 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 for a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   March 2, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, March 1, 

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

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 19, Senator 


                                                               1099

 1   Carlucci moves to discharge, from the Committee 

 2   on Transportation, Assembly Bill Number 6163 and 

 3   substitute it for the identical Senate Bill 4336, 

 4   Third Reading Calendar 352.

 5                ACTING PRESIDENT BENJAMIN:   

 6   Substitution so ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Move to adopt 

15   the Resolution Calendar, with the exception of 

16   Resolution 2934.

17                ACTING PRESIDENT BENJAMIN:   All in 

18   favor of adopting the Resolution Calendar, with 

19   the exception of Resolution 2934, please signify 

20   by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT BENJAMIN:    

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1100

 1   Resolution Calendar is adopted.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   At this time can 

 4   we recognize Senator Kennedy for an introduction.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Kennedy for an introduction.

 7                SENATOR KENNEDY:   Thank you very 

 8   much, Mr. President.  

 9                It's a great honor and privilege of 

10   mine here today to rise and recognize many 

11   different students from Western New York, 

12   occupational therapy students that are here from 

13   D'Youville College, from the University at 

14   Buffalo, and from Erie Community College, SUNY 

15   ECC.  

16                They are part of about 400 students 

17   that came down here today as part of the New York 

18   Occupational Therapy Association Lobby Day.  It 

19   is truly a pleasure to see so many of them here.  

20                I want to recognize the leadership 

21   of these wonderful institutions.  From the 

22   University at Buffalo, we have Dr. Jan Tona, who 

23   is actually a previous professor of mine.  

24   Dr. Kim Persons is here as well, from the 

25   University at Buffalo.  And Michaella Hayden, the 


                                                               1101

 1   head of the Occupational Therapy Assistant School 

 2   at SUNY ECC.  

 3                We also have with us, from my own 

 4   alma mater, D'Youville College, in the class of 

 5   occupational therapy, Dr. Lynn McGyver and 

 6   Dr. Theresa Vallone, who also was a professor of 

 7   mine.  For those of you that don't know, I'm an 

 8   occupational therapist by profession.  

 9                And these students are here, many of 

10   them for the first time, to see the beautiful 

11   institution of Albany, the work that we do here, 

12   lending their voices to the conversation and 

13   helping to effectuate positive change in a 

14   profession they're all studying and learning to 

15   make better.  

16                And so with that, Mr. President, I 

17   just wanted to take this opportunity to recognize 

18   these wonderful student advocates, to give them 

19   the honor of the house, and please welcome them 

20   with all of the privileges that come with that.  

21                Thank you for making your way all 

22   the way to the great State Capitol.  Welcome, and 

23   we'll see you soon.

24                ACTING PRESIDENT BENJAMIN:   To all 

25   of our students and teachers from --


                                                               1102

 1                (Scattered applause.)

 2                ACTING PRESIDENT BENJAMIN:   Whoa, 

 3   whoa, whoa, whoa.  

 4                (Laughter.)

 5                ACTING PRESIDENT BENJAMIN:   To all 

 6   of our students and teachers from Western 

 7   New York, I welcome you on behalf of the Senate.  

 8   We extend to you all of the privileges and 

 9   courtesies of the house.  

10                Please rise and be recognized.

11                (Standing ovation.)

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Gianaris.  

14                SENATOR GIANARIS:   Mr. President, 

15   at this time can we take up Resolution 2934, by 

16   Leader Stewart-Cousins, read that resolution in 

17   its entirety, and recognize Senator Salazar to 

18   speak on the resolution.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   2934, by Senator Stewart-Cousins, memorializing 

23   Governor Andrew M. Cuomo to proclaim March 2020 

24   as Women's History Month in the State of 

25   New York.


                                                               1103

 1                "WHEREAS, March is Women's History 

 2   Month; and 

 3                "WHEREAS, March 8th is International 

 4   Women's Day; and.

 5                "WHEREAS, Each year New York State 

 6   officially sets aside time to recognize the 

 7   unique contributions that New York women have 

 8   made to New York State and beyond; and 

 9                "WHEREAS, New York State has a 

10   distinguished history of monumental achievements 

11   in the area of women's rights; and 

12                "WHEREAS, In 1826, New York State 

13   opened one of the first public high schools for 

14   girls, resulting in a future for women in which 

15   they were no longer confined to the home, a 

16   future in which they were educated and able to 

17   use this education to better their social and  

18   economic status; and 

19                "WHEREAS, In 1848 in New York, the 

20   first women's rights convention was held at 

21   Seneca Falls, to secure for all women the right 

22   to vote; and 

23                "WHEREAS, In 1903, the Women's Trade 

24   Union League of New York was formed to represent  

25   working women, later becoming the nucleus for the 


                                                               1104

 1   International Ladies' Garment Workers' Union; and 

 2                "WHEREAS, In 1917, New York 

 3   guaranteed women the right to vote in all 

 4   elections and in the following year the first two 

 5   women, Ida Sammis and Mary Lilly, were elected to 

 6   the New York State Legislature and became the 

 7   first women to then serve in 1919; and 

 8                "WHEREAS, In 1955, Bessie Buchanan 

 9   was the first African-American woman to serve in 

10   the New York State Legislature; and 

11                "WHEREAS, In 1967, Muriel Siebert 

12   became the first woman to own a seat on the 

13   New York Stock Exchange, opening the door for 

14   women to gain positions of greater economic 

15   power; and 

16                "WHEREAS, In 1968, New York State 

17   Assemblywoman Shirley Chisholm became the first 

18   black woman elected to Congress, and in 1972 she  

19   ran for President of the United States, another 

20   first for black women; and 

21                "WHEREAS, In 1970, New York City was 

22   the site of the first Women's Strike for 

23   Equality, in which 50,000 people marched for 

24   equal rights; and 

25                "WHEREAS, In 1978, Olga Mendez 


                                                               1105

 1   became the first Latina woman to serve in the 

 2   New York State Legislature; and 

 3                "WHEREAS, In 1983, New York State 

 4   women legislators established the Legislative  

 5   Women's Caucus to improve the participation of 

 6   women in all areas of government, support issues 

 7   that benefit women and provide a network of 

 8   support for women in the State Legislature; and 

 9                "WHEREAS, In 2007, Ellen Young was 

10   the first Asian-American woman to serve in the 

11   New York State Legislature; and 

12                "WHEREAS, In 2009, New Yorker Sonia 

13   Sotomayor became the first Hispanic Justice 

14   appointed to the United States Supreme Court; and 

15                "WHEREAS, In 2015, New Yorker 

16   Loretta Elizabeth Lynch was appointed as 

17   Attorney General of the United  States, becoming 

18   the first African-American woman to serve in this 

19   esteemed position; and 

20                "WHEREAS, New York has been the home 

21   of many extraordinary women who have led society 

22   to a better future:  Elizabeth Cady Stanton and 

23   Susan B. Anthony led the campaign for women's 

24   suffrage; Sojourner Truth spoke out for the 

25   abolition of slavery and for suffrage for all 


                                                               1106

 1   women; and 

 2                "WHEREAS, Carrie Chapman Catt became 

 3   the first president of the League of Women 

 4   Voters; Emma Willard opened the first endowed 

 5   institution for the education of women; Civil War 

 6   surgeon Dr. Mary E. Walker was the only woman 

 7   ever awarded the Congressional Medal of Honor; 

 8   Harriet Tubman was an abolitionist who led slaves 

 9   to freedom by way of the Underground Railroad in 

10   the 19th century; and 

11                "WHEREAS, Elizabeth Blackwell and 

12   Belva Lockwood were the first women in the fields 

13   of medicine and law; pioneer birth control 

14   educator and advocate Margaret Sanger established 

15   a research center in New York City; and 

16                "WHEREAS, Emma Goldman founded the 

17   Free Speech League which led to the American  

18   Civil Liberties Union; humanitarian Eleanor 

19   Roosevelt served as United States Delegate to the 

20   United Nations; and 

21                "WHEREAS, New Yorker Edith Windsor 

22   fought to expand marriage equality in the 

23   United States prior to the Marriage Equality Act 

24   of New York, which became law in 2011; and 

25                "WHEREAS, Civil rights lawyer and 


                                                               1107

 1   New York State Senator Constance Baker Motley 

 2   became the first black woman to sit on the U.S. 

 3   District Court in New York, and there have been 

 4   so many more known and unknown women who 

 5   championed rights and opportunity for all; and 

 6                "WHEREAS, New York State has hosted 

 7   many conventions, campaigns and events of the 

 8   Women's Rights Movement, from the 1848 convention 

 9   at Seneca Falls to the 1999 Berkshire Conference 

10   of Women Historians, which was held to improve 

11   the status of women in history and in the 

12   historical professions; and 

13                "WHEREAS, 50 percent of statewide 

14   elected officials are women, and, for the first  

15   time, a woman has been elected Attorney General 

16   in the State of New York; and 

17                "WHEREAS, 2020 marks the 100th 

18   anniversary of the 19th Amendment, which 

19   guaranteed women the right to vote in the 

20   United States; and 

21                "WHEREAS, Today, 67 women serve in 

22   the New York State Legislature, making up 

23   32 percent of the seats, holding leadership 

24   positions in both houses and bringing the diverse 

25   experiences of women into law and public policy; 


                                                               1108

 1   now, therefore, be it 

 2                "RESOLVED, That this Legislative 

 3   Body pause in its deliberations to memorialize 

 4   Governor Andrew M. Cuomo to proclaim March 2020 

 5   as Women's History Month in the State of 

 6   New York; and be it further 

 7                "RESOLVED, That copies of this 

 8   resolution, suitably engrossed, be transmitted to 

 9   the Honorable Andrew M. Cuomo, Governor of the  

10   State of New York, and the Legislative Women's 

11   Caucus of New York State."

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Salazar on the resolution.

14                SENATOR SALAZAR:   Thank you, 

15   Mr. President.

16                Today we are celebrating that in 

17   2020 women are far more than merely supportive 

18   characters in the success stories of other 

19   people's lives.  We are recognizing that women 

20   are determining our own future and autonomy in 

21   our lives, that women are increasingly leading in 

22   our communities and in our workplaces, that we're 

23   finally occupying roles that have historically 

24   excluded us.

25                The history of the struggle for 


                                                               1109

 1   gender equity and women's rights reminds us how 

 2   truly remarkable it is for us to now serve under 

 3   the exceptional leadership of not only the first 

 4   woman, but the first black woman to become our 

 5   Senate Majority Leader.  

 6                We celebrate that our gender no 

 7   longer forbids us from entering the halls of 

 8   power.  And yet we cannot ignore that these halls 

 9   are often still hostile toward women in other 

10   ways.  Only 31 percent, less than one-third, of 

11   the members of this legislative body are women.  

12   And of course that's impressively high compared 

13   to the even lower representation of women within 

14   most state legislatures across the country.  

15                This year marks the 100-year 

16   anniversary of the ratification of the 

17   19th Amendment granting women the constitutional 

18   right to vote.  But we know that the struggle for 

19   women's voting rights remained incomplete as long 

20   as African-American women and indigenous women in 

21   many states were still subjected to racially 

22   biased barriers that prevented them, even then, 

23   from freely exercising the right to vote until 

24   the 1960s.  

25                And even while Women's History Month 


                                                               1110

 1   is an opportunity to celebrate the progress that 

 2   we've made together, it also provokes us to 

 3   assess the historical and intersectional moment 

 4   that we live in.  Gender discrimination and 

 5   threats to reproductive health and women's rights 

 6   across the country only underscore the urgency of 

 7   our fight here in New York.

 8                In New York we can be proud that our 

 9   state's gender pay ratio is the second highest of 

10   all 50 states, a mark of progress toward economic 

11   justice for women that has not come effortlessly, 

12   but rather is only because of strong equal pay 

13   laws and a mass movement of women -- along with 

14   those who stand in solidarity with women -- 

15   demanding the compensation and the roles that we 

16   deserve.

17                In the victories of our long history 

18   of struggling against gender discrimination, our 

19   first task was to demand recognition of our 

20   humanity.  Our next task was to demand that we 

21   could fully participate in society.  And our 

22   present task continues to be that we empower 

23   women to lead.

24                Thank you, Mr. President.

25                ACTING PRESIDENT BENJAMIN:    


                                                               1111

 1   Senator Montgomery on the resolution.

 2                SENATOR MONTGOMERY:   Thank you, 

 3   Mr. President.

 4                I want to just thank our leader, who 

 5   happens to be -- I guess to be the number-one 

 6   woman in the State of New York who's made history 

 7   for us most recently, our Majority Leader, 

 8   Senator Andrea Stewart-Cousins, for once again 

 9   introducing this resolution to memorialize our 

10   Governor to establish this month as the Women's 

11   History Month in the State of New York.

12                I invite all of my colleagues to 

13   stop downstairs just before you enter the LOB and 

14   take a look at all of the women who are members 

15   of this Legislature this year.  And I would say 

16   to you we're all making history in one way or 

17   another.  And we were asked as women to identify 

18   the woman who to us represented something in our 

19   lives.  And you will note that the woman that I 

20   recognized as my own personal person who has made 

21   history, who has inspired me, who has meant so 

22   much to so many people in America, is Harriet 

23   Tubman.  

24                And the one word that I came up with 

25   to describe Harriet Tubman and how I feel about 


                                                               1112

 1   her, is that she was a warrior.  And you should 

 2   know that now when I say that women, especially 

 3   when we're engaged in something where we have 

 4   to -- we have to make a stronger statement than 

 5   our lipstick would indicate, is that we are 

 6   Harrieting.  

 7                I have changed Harriet from a name 

 8   to a verb, because I believe she represents the 

 9   height of what women have contributed to America, 

10   and that is she has led people in a way and she 

11   has given her life and she has risked her life on 

12   behalf of others.  That's what we do.  That's 

13   what women represent to America, especially to 

14   New York.  

15                And so today I want to thank -- 

16   again, I say to our leader Senator Harriet --

17                (Laughter.)

18                SENATOR MONTGOMERY:   Senator 

19   Stewart-Cousins, who is Harrieting a lot because 

20   it takes a Harriet, a Harriet woman, to manage 

21   all of us in terms of being our leader.  And she 

22   does that very well, admirably.

23                So I thank her for introducing this 

24   resolution, for making us aware of the 

25   importance -- our importance.  We matter as 


                                                               1113

 1   women.  We matter as elected officials.  And 

 2   certainly we matter as citizens in our state.  

 3   And I thank her for making sure that all of us 

 4   take a moment and that the Governor establishes 

 5   that this is the month that we will continue to 

 6   honor ourselves as women in New York.

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Little on the resolution.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.

12                I would like to take a moment to 

13   talk about two North Country women that I think 

14   are important in the women's movement.  

15                One you've all seen a picture of 

16   before.  Her name is Inez Mulholland, and she is 

17   on the white horse, all dressed in white, that 

18   rode the marches and led the marches into New 

19   York City and into Washington.

20                She is a New York City woman whose 

21   family had a summer home in Lewis, Essex County, 

22   and that is where she's buried.  She died at the 

23   age of 30, still advocating for women's right to 

24   vote -- never did see the actual vote take place.  

25   But certainly a very brave and bold young women.


                                                               1114

 1                The second one is very important to 

 2   all of us, whether you know it or not, and she 

 3   also is a North Country woman, Rhoda Fox Graves.  

 4   She was born in the Town of Fowler, which is in 

 5   St. Lawrence County, which Senator Ritchie and 

 6   Senator Griffo and I represent; I have a small 

 7   part of it.  

 8                But when she was born, her mother 

 9   died in childbirth.  And what was very common 

10   then is she was taken to a neighbor's home, and 

11   that family started to raise her.  And at the age 

12   of two, they adopted her, and she became Rhoda 

13   Fox.  Her married name is Graves.

14                But this woman became very active as 

15   a Republican woman, acting in committees in the 

16   temperance movement and things in the 

17   North Country.  

18                And when we had the right to vote in 

19   New York State in 1917, we had 12 women then ran 

20   for the Assembly.  Two were elected.  They only 

21   served one-year terms and were not reelected.  

22   Two more got elected, they did not serve more 

23   than the one-year term either.

24                Rhoda Fox Graves was elected in 

25   1924, and she was elected to the Assembly.  And 


                                                               1115

 1   she was the first woman -- as we all know how 

 2   important this is -- to be reelected.  So that 

 3   was her claim there.  But she served for eight 

 4   years in the Assembly.  In 1932 she ran for the 

 5   Senate.  She did not win.  But in 1934, she ran 

 6   again and she won.  And she was the first woman 

 7   in this body, in the New York State Senate.  

 8                She was the first to chair a 

 9   committee, as she chaired the Agriculture 

10   Committee.  She served for 14 years in the 

11   New York State Senate.  And one of her big pieces 

12   of legislation that she sponsored -- and you 

13   might not think it was very important, but at the 

14   time it was -- said that women should be on a 

15   jury.  Because women were automatically not 

16   thought of to be on a jury because they had so 

17   many responsibilities {air quotes} at home.

18                So this allowed women to serve on a 

19   jury.  And if you were on a trial as a female, 

20   I'm sure you wanted to look over at the jury box 

21   and see some peers there too.  So that was one of 

22   her biggest accomplishments.

23                She served for 14 years.  And we 

24   always hear about father-son inheriting or being 

25   elected to the same seat.  This was a mother 


                                                               1116

 1   Senator whose son, Paul, became the next Senator 

 2   and succeeded her.

 3                So a North Country woman that we're 

 4   very proud of, and I just wanted to make sure 

 5   everybody knew she was the first woman Senator 

 6   here.

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:    

 9   Senator Sanders on the resolution.

10                SENATOR SANDERS:   Thank you, 

11   Mr. President.

12                I want to thank the sponsors of the 

13   resolution and our leader for giving us the 

14   opportunity to speak and say something of the 

15   greatness of women.

16                And every man born of a woman needs 

17   to be able to take a moment and say, This is a 

18   great thing.  Not simply because women are great, 

19   but they've come a great distance to get there.  

20   They have come an amazing distance.  Society has 

21   held them back, but they have pushed their way 

22   forward regardless.  

23                It's like a tide, and you cannot -- 

24   you can't stop the tide.  You can stand in front 

25   of it, you can get wet, you can do all kinds of 


                                                               1117

 1   stuff, but you're not going to stop the tide.  

 2   Your better bet is to go with the tide, is to 

 3   understand that the tide usually leads to a good 

 4   place, that it is a fantastic thing.  And if we 

 5   could all just get in line with it, we'd get to a 

 6   good place.

 7                It is true that women are making 

 8   considerably less than men in just about every 

 9   category.  It's also true that this does not aid 

10   men.  Any man who seems to feel that there's 

11   something positive from that, you've missed the 

12   boat.  Tide, boat.  You've missed it.  

13                And under those conditions, my 

14   friends, it doesn't aid the family, it doesn't 

15   aid anyone.  We need to just stand up -- men need 

16   to stand up and say this foolishness of women not 

17   being paid the same amount needs to be stopped.  

18   Women can do just about everything that men can 

19   do, if not better.  

20                And under those conditions, men have 

21   a role in the liberation of women, and that role 

22   is side by side.  That role is to join in and 

23   make sure that every roadblock that exists is 

24   knocked down.  

25                I want to say that -- and to just 


                                                               1118

 1   state and thank all women -- women hold up half 

 2   the sky.  If the sky hasn't fallen down on our 

 3   society, it's because, I would argue, women have 

 4   held up a little bit more than their fair share.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:    

 7   Senator Bailey on the resolution.

 8                SENATOR BAILEY:   Thank you, 

 9   Mr. President.

10                You know, I was at a rally earlier 

11   today and I had -- I mentioned a Tupac lyric, but 

12   I'm going to mention another one.  You know, 

13   since we all came from a woman, got our name from 

14   a woman and our game from a woman -- you know, 

15   the rest of it is kind of explicit.  But I just 

16   wonder why we continue to take and not appreciate 

17   our women and our society as for what they are, 

18   and that's incredible.

19                You know, my biggest pride in this 

20   world is being a Girl Dad.  Right?  That's a 

21   common hashtag.  But, you know, before the 

22   hashtag came out, I'm a Girl Dad, right?  And I 

23   want my daughters to be able to understand that 

24   there is no limit, there is no ceiling on the 

25   amazing great things that they can do, and that's 


                                                               1119

 1   in no other -- like, that cannot be embodied any 

 2   better than our leader, Andrea Stewart-Cousins.  

 3   And I thank her for this resolution.  

 4                And Senator Salazar, thank you for 

 5   leading off this resolution with your words.  

 6   They were incredible.

 7                But there are few things that we can 

 8   talk about -- Senator Sanders touched on the 

 9   equal pay for equal work.  But I want to talk 

10   about -- Senator Montgomery mentioned Harrieting.  

11   Well, I'm going to use a new name, a noun to a 

12   verb, Velmanetting.  

13                (Laughter.)

14                SENATOR BAILEY:   Velmanetting.  

15   What is Velmanetting?  That means to be the 

16   longest-serving woman in the chamber.  That means 

17   to lead fiercely in the face of adversity.  That 

18   means to mentor and to care and to teach.  That's 

19   what Velmanetting is.  

20                So, Senator Montgomery, rarely -- I 

21   am loath, I am loath really to ever disagree with 

22   you about anything, because I know better.  I was 

23   taught by my mama very well.  But I will disagree 

24   with you in saying that that's not the only word 

25   that we should be creating as part of our Senate 


                                                               1120

 1   lexicon.  

 2                And Stenographer, let's just make 

 3   sure we get Velmanetting into the permanent 

 4   history and the records of the State Senate, and 

 5   that we define it as, as W.E.B. Du Bois said, you 

 6   know, there is no force equaled to a woman 

 7   determined to rise.  

 8                And Senator Velmanette Montgomery, 

 9   you have embodied that for so many years, and we 

10   have sessions worth of tributes to give to you.  

11                And Tupac also said, There's no way 

12   I can pay you back, but the plan is to show you 

13   that I understand and you are appreciated.

14                I think that regardless of party, 

15   regardless of political ideology, affiliation, 

16   votes, there is not a person in this chamber now 

17   that has ever served in this chamber that could 

18   say a negative word about you and what you care 

19   about the people of the State of New York.

20                So we're going to start to 

21   Velmanette this, all right?  

22                (Laughter.)

23                SENATOR BAILEY:   You know, we're 

24   going to -- you've got to start Velmanetting.  

25                But I'll leave you with this.  Thank 


                                                               1121

 1   you for being an inspiration.  And I thank all of 

 2   my colleagues in this chamber for being 

 3   incredible advocates for their communities, 

 4   incredible warriors, incredible mothers, 

 5   incredible friends, showing that, you know, that 

 6   if not for you, there would be no us.  

 7                And I think there's no better way to 

 8   leave that, Mr. President.  I proudly vote aye on 

 9   this resolution.  I think it's an incredible job.  

10   And I thank all of the women in this august body.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Myrie on the resolution.

13                SENATOR MYRIE:   Thank you, 

14   Mr. President.

15                I want to thank my colleagues who 

16   have already spoken so eloquently on this 

17   resolution.  

18                I want to join Senator Bailey in 

19   honoring an icon in women's history that we have 

20   in our very midst right now, and we'd be remiss 

21   if we didn't adequately recognize the trailblazer 

22   that is Senator Velmanette Montgomery.  She was 

23   elected in 1985.  And in 1985 I was zero years 

24   old.  

25                (Laughter.)


                                                               1122

 1                SENATOR MYRIE:   And so to be able 

 2   to serve with her in this chamber, to be able to 

 3   be under her stewardship, her leadership, her 

 4   mentorship, has really been the honor of my life.  

 5                So when we talk about women's 

 6   history, we have to talk about women's present, 

 7   and that is what Velmanette Montgomery is.  She 

 8   is the pinnacle of what a public servant is 

 9   supposed to be.  And so I just don't think of her 

10   as a State Senator that is a woman, I think I and 

11   everyone in this chamber will aspire to be a 

12   fraction of the State Senator that she has been 

13   for the State of New York over these past 

14   35 years.  

15                And so I am just so grateful to you, 

16   Senator Montgomery.  I am grateful to what you 

17   represent, to the history that you've made and 

18   that you continue to make, and I proudly vote aye 

19   on this resolution as we honor Senator Velmanette 

20   Montgomery.

21                Thank you.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Ramos on the resolution.

24                SENATOR RAMOS:   Thank you, 

25   Mr. President.


                                                               1123

 1                Every time that we walk past our 

 2   chamber, we walk past that painting from the 

 3   1800s that hangs just outside this room, which is 

 4   of the State Senate I think around the 1800s.  

 5   And this room looks very different today.  Not 

 6   just because there are so many more women 

 7   legislators, but so many more people of color 

 8   too.

 9                And while I'm very appreciative of 

10   this resolution and us recognizing Women's 

11   History Month and everything that we have had to 

12   accomplish over the past hundreds of years, the 

13   truth is that we're just getting started.  

14                And I think that here in New York, 

15   because we take great pride in leading our 

16   country and in thinking through critical issues, 

17   I want to say that more than recognizing those 

18   historical figures who have gone above and 

19   beyond, we should recognize the women who toil in 

20   the workplace every day, behind a sewing machine, 

21   taking care of our babies, cleaning our houses, 

22   answering phones.  

23                We talk about equal pay in terms of 

24   women's pay only being 77 cents to the man's 

25   dollar, but we know that that's not true for 


                                                               1124

 1   black women, we know that that's not true for 

 2   Latinas, for women who look like me who barely 

 3   get to rub two quarters together.

 4                And so to me, when we are able to 

 5   address issues as granting rights to farmworkers, 

 6   farmworker women, who are often sexually harassed 

 7   on the field, when we talk about transgender 

 8   women who are profiled by the police, it is our 

 9   duty here now, when we're recognizing Women's 

10   History Month, that we accept our responsibility 

11   in continuing to create history and fighting for 

12   every single woman, no matter who they are or 

13   what they look like.

14                Thank you.

15                ACTING PRESIDENT BENJAMIN:    

16   Senator Krueger on the resolution.

17                SENATOR KRUEGER:   Thank you, 

18   Mr. President.

19                So this is my 18th year in the 

20   Senate, so I guess it's my 18th Women's History 

21   Month.  And I just rise to smile and to say yes, 

22   we have much further to go, but how far we've 

23   come in 18 years.  

24                I remember one year standing up and 

25   saying, I don't accept that this is the day we 


                                                               1125

 1   treat women with respect in the Senate, because 

 2   it implies we aren't worthy of it the other 364 

 3   days a year.  

 4                And I remember the day someone stood 

 5   up and talked about how much it helped the Senate 

 6   when a woman joined and she put flowers on her 

 7   desk every day, and what a difference that made.  

 8   And I suspect there's no one in this chamber 

 9   today who would think that's the difference 

10   between having men or women or diversity in the 

11   Senate.

12                And I have watched as younger women 

13   have moved into the Senate, as women of color 

14   have moved into the Senate, as our own great 

15   leader, who perhaps is the epitome of exactly who 

16   we want to see as a leader in the New York State 

17   Senate, regardless of party -- and realize that 

18   we're all part of women's history.  And some of 

19   us are more or less comfortable with the changes 

20   we are living through in our lives, and there is 

21   far more to do and far further to go.  

22                But I am thrilled to hear my 

23   colleagues standing and talking about the role of 

24   women in our history and in our future, and their 

25   colleagues, in a context that actually makes 


                                                               1126

 1   sense in the world that we live in.

 2                So I just wanted to stand and thank 

 3   my leader for carrying this resolution again this 

 4   year and for all my colleagues who have spoken on 

 5   it today.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:    

 8   Senator Akshar on the resolution.

 9                SENATOR AKSHAR:   Mr. President, 

10   thank you.

11                I listened to Senator Bailey, I was 

12   incredibly attentive when he was talking.  I too, 

13   probably not to the same degree as you, but have 

14   been Velmanetted a time or two in my short tenure 

15   here while being in the lounge.  

16                But I can't help think, for all of 

17   us here today, that we really are incredibly 

18   lucky, whether we're in our first session, our 

19   16th session -- you've been Velmanetted many 

20   times, I've been Bettied many times.  

21                (Laughter.)

22                SENATOR AKSHAR:   We are incredibly 

23   lucky to have two women like Senator Montgomery 

24   and Senator Little that have been leaders and 

25   trailblazers -- not only for the women in our 


                                                               1127

 1   respective conferences in this particular house, 

 2   and other elected officials, but for all of us.  

 3   All of us.

 4                So it's a great resolution, but I 

 5   just wanted to -- on your heels, talking about 

 6   being Velmanetted -- let the house know that I of 

 7   course have been Bettied a time or two in my 

 8   tenure, and we are all incredibly lucky.  

 9                Mr. President, I vote aye on the 

10   resolution.

11                ACTING PRESIDENT BENJAMIN:   The 

12   question is on the resolution. All in favor 

13   signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT BENJAMIN:    

16   Opposed?  

17                (No response.)

18                ACTING PRESIDENT BENJAMIN:   The 

19   resolution is adopted.

20                Senator Gianaris.

21                SENATOR GIANARIS:   At the request 

22   of Leader Stewart-Cousins, that resolution is 

23   open for cosponsorship.

24                ACTING PRESIDENT BENJAMIN:   The 

25   resolution is open for cosponsorship.  Should you 


                                                               1128

 1   choose not to be a cosponsor of the resolution, 

 2   please notify the desk.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   At this time let 

 5   us take up the reading of the calendar, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 52, 

10   Senate Print 1146A, by Senator Carlucci, an act 

11   to amend the Town Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

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

16   shall have become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 52, those Senators voting in the 

24   negative are Senators Akshar, Amedore, Borrello, 

25   Griffo, Helming, Jacobs, Jordan, Ortt, O'Mara, 


                                                               1129

 1   Ranzenhofer, Ritchie, Robach, Seward and Tedisco.  

 2   Also Senator Lanza.  Also Senator Serino.

 3                Ayes, 46.  Nays, 16.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   145, Senate Print 4504A, by Senator Parker, an 

 8   act to amend the Civil Practice Law and Rules.

 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 145, those Senators voting in the 

20   negative are Senators Borrello, Funke, Gallivan, 

21   Griffo, Helming, Jacobs, Jordan, LaValle, O'Mara, 

22   Ortt, Ranzenhofer, Serino and Tedisco.

23                Ayes, 49.  Nays, 13.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               1130

 1                THE SECRETARY:   Calendar Number 

 2   350, Senate Print 1632A, by Senator Skoufis, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   352, Assembly Print Number 6163, substituted 

19   earlier by Assemblymember Mosley, an act to amend 

20   the Vehicle and Traffic Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1131

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Carlucci to explain his vote.

 5                SENATOR CARLUCCI:   Thank you, 

 6   Mr. President.  

 7                I want to thank my colleagues for 

 8   supporting this legislation.

 9                Unfortunately, each year, around 

10   40,000 Americans are killed in an automobile 

11   accident, half of which are not wearing seat 

12   belts.  We know now that if you're not wearing a 

13   seat belt in a vehicle and you experience a 

14   crash, you're eight times more likely to be 

15   killed or injured.

16                Back in 1984, New York State was the 

17   first state in the nation to require people to 

18   wear a seat belt in the front seat.  Since that 

19   time, over 30 states have now adopted back-seat 

20   seat belt laws.  Let's not be the last state.  

21   Let's require everyone, no matter where you're 

22   sitting in the vehicle, to wear your seat belt.  

23                In doing that, we'll be congruent 

24   with our laws and our actions and what we say.  

25   And we've seen other states that have these laws 


                                                               1132

 1   on the books; they have more people wearing their 

 2   seat belts.

 3                The simple fact is you're not any 

 4   safer in the back seat.  So we have to make that 

 5   message loud and clear by passing this 

 6   legislation, which has already passed in the 

 7   Assembly, getting it on the Governor's desk and 

 8   signed into law -- we're going to send that 

 9   message loud and clear that you have to wear your 

10   seat belt wherever you are.  It's 2020.  We 

11   thought we were done with this debate, but we 

12   have to change the paradigm.  

13                And with the increase in 

14   ridesharing, we have more and more people riding 

15   in the back seat of vehicles.  And the simple 

16   fact is that not only are you a jeopardy to 

17   yourself if you're not wearing a seat belt, but 

18   you become a major problem to the occupant in 

19   front of you.  In fact, you're two times more 

20   likely to kill the occupant in front of you even 

21   if they're wearing a seat belt.  

22                So let's pass this legislation, 

23   let's do the right thing.  And in doing so, we 

24   will save lives.  

25                Thank you, Mr. President.


                                                               1133

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Carlucci to be recorded in the affirmative.

 3                Senator Kennedy to explain his vote.

 4                SENATOR KENNEDY:   Thank you, 

 5   Mr. President.

 6                I just want to take this opportunity 

 7   to thank the bill's sponsor, Senator Carlucci, 

 8   for bringing this important bill to the floor.  I 

 9   also want to thank our leadership, Senator Andrea 

10   Stewart-Cousins, for bringing this as well.  

11                This is an important bill that will 

12   save lives here in the State of New York and 

13   continue the precedent of protecting the public 

14   and ensuring that all individuals in a vehicle 

15   are protected, are safe.  

16                We are prioritizing safety today.  

17   This bill will go a long way to not only 

18   protecting the occupants in a -- from serious 

19   injury but also from death.  And as the bill's 

20   sponsor has already mentioned, there have been 

21   thousands of deaths and serious injuries that 

22   have been preventable across this state and 

23   across this country, but the laws have not kept 

24   up with society, at least not here in the State 

25   of New York.


                                                               1134

 1                So today they are.  Today we are 

 2   passing this bill that will ensure that all 

 3   occupants will not only be protected in the event 

 4   of a crash or an accident, but also keep those 

 5   around them in the vehicle from being hurt, as 

 6   when that crash happens, that individual becomes 

 7   a projectile in the vehicle.

 8                So I again thank the bill's sponsor 

 9   and leadership.  And with that, Mr. President, I 

10   vote aye.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Kennedy to be recorded in the affirmative.

13                Senator Metzger to explain her vote.

14                SENATOR METZGER:   Thank you, 

15   Mr. President.  

16                So a constituent of mine who teaches 

17   drivers' safety brought this fact to my attention 

18   last year, that back-seat passengers didn't have 

19   to wear a seat belt if they were 16 or over.  

20   Which -- you know, it was deeply ingrained by my 

21   father that you wear a seat belt in the car, and 

22   that's it.  And it's shocking, it's actually 

23   really shocking to me that to this day, this has 

24   been the case.  

25                So I really want to thank the 


                                                               1135

 1   sponsor, Senator Carlucci, for introducing this 

 2   bill.  It is going to save thousands and 

 3   thousands of lives.  And I vote aye.

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Metzger to be recorded in the 

 6   affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 352, those Senators voting in the 

10   negative are Senators Akshar, Funke, Gallivan, 

11   Griffo, Jacobs, Little, Ortt and Ritchie.

12                Ayes, 54.  Nays, 8.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   357, Senate Print 6229, by Senator May, an act to 

17   amend the Transportation Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               1136

 1   May to explain her vote.

 2                SENATOR MAY:   Thank you, 

 3   Mr. President.

 4                And I want to thank the chair of the 

 5   Transportation Committee, Senator Kennedy, and 

 6   the leadership for bringing this bill to the 

 7   floor.

 8                So transportation -- public 

 9   transportation is supposed to connect people from 

10   where they are to where they want to go.  But in 

11   upstate New York, in rural New York, a lot of 

12   public transportation is organized by county or 

13   even smaller jurisdictions.  And so if you need 

14   to get to a doctor's appointment or a grocery 

15   store that's across county lines, you can forget 

16   about using public transportation.

17                So this will coordinate among the 

18   different systems and make it more possible for 

19   people to actually use public transportation.  

20                But even more importantly, one thing 

21   we've found is that the Medicaid system has 

22   started paying people to use -- or enabling 

23   people to use taxis to get where they go, and 

24   that has sapped away clientele from public 

25   transportation and made it even harder to 


                                                               1137

 1   maintain public transportation systems in our 

 2   rural areas.  

 3                So this bill is aimed to both 

 4   coordinate and enable better usage of our public 

 5   transportation systems.  

 6                So thank you for helping me bring 

 7   this bill forward, and I vote aye.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   May to be recorded in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   440, Senate Print 2936, by Senator Kaminsky, an 

16   act to amend the Town Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               1138

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   444, Senate Print 5895, by Senator Gaughran, an 

 6   act to amend the General Municipal Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   467, Senate Print 3652, by Senator Biaggi, an act 

21   to amend the Domestic Relations Law and the 

22   Executive Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 6.  This 


                                                               1139

 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:   In 

 7   relation to Calendar Number 467, those Senators 

 8   voting in the negative are Senators Akshar, 

 9   Borrello, Flanagan, Funke, Griffo, Helming, 

10   Jacobs, Jordan, O'Mara, Ortt, Ranzenhofer, 

11   Tedisco.  Also Senator Robach.

12                Ayes, 49.  Nays, 13.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   491, Senate Print 1549A, by Senator Kennedy, an 

17   act to amend the Highway Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               1140

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 491, those Senators voting in the 

 4   negative are Senators Akshar, Amedore, Borrello, 

 5   Boyle, Flanagan, Funke, Gallivan, Griffo, 

 6   Helming, Jacobs, Jordan, Lanza, Little, O'Mara, 

 7   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

 8   Seward and Tedisco.

 9                Ayes, 41.  Nays, 21.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   492, Senate Print 1643, by Senator Brooks, an act 

14   to amend the Vehicle and Traffic 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:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1141

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   494, Senate Print 2773, by Senator Comrie, an act 

 4   to amend the Public Authorities Law.

 5                SENATOR GIANARIS:   Lay it aside for 

 6   the day.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill will be laid aside for the day.

 9                THE SECRETARY:   Calendar Number 

10   495, Senate Print 3450B, by Senator Stavisky, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the first of April.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 495, voting in the negative:  

23   Senator Akshar.  

24                Ayes, 61.  Nays, 1.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               1142

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   496, Senate Print 3557, by Senator Kennedy, an 

 4   act to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 30th 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 496, voting in the negative:  

17   Senator Akshar.  

18                Ayes, 61.  Nays, 1.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   500, Senate Print 6094A, by Senator Kennedy, an 

23   act to amend the Vehicle and Traffic Law and the 

24   Transportation Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               1143

 1   the last section.

 2                THE SECRETARY:   Section 7.  This 

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

 4   shall have become a law.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Kennedy to explain his vote.

10                SENATOR KENNEDY:   Thank you, 

11   Mr. President.

12                First of all, I want to thank the 

13   Transportation Committee for helping to move this 

14   bill through, as well as Leader Stewart-Cousins 

15   for bringing this bill to the floor.  

16                This bill before us seeks to address 

17   an important object:  To ensure the safety of 

18   highway workers here in the State of New York.  

19   Every day the lives of highway workers are put in 

20   danger, whether that be because of reckless 

21   drivers, those who fail to obey traffic control 

22   in a work area, those who fail to slow down in 

23   speed zones -- the list goes on and on and on, 

24   unfortunately.

25                These workers dedicate their lives 


                                                               1144

 1   to making our roads safer, and in doing so often 

 2   they're putting their own lives at risk.  That is 

 3   not right, and enough is enough.  By creating a 

 4   new fine structure for those who violate the law, 

 5   New York is sending a clear message:  Slow down 

 6   or pay up, pay the consequences.

 7                These fines, which can range from 

 8   $500 to $5,000, depending on the offense, are 

 9   designed to ensure that those who endanger the 

10   lives of highway workers are held accountable.

11                Furthermore, the bill mandates that 

12   60 percent of the fees collected from these fines 

13   be paid to the new Work Zone Safety Fund, which 

14   will be used to provide work zone safety 

15   enforcement, zone markings and radar speed 

16   devices, and police monitoring of these work 

17   zones.  

18                The state will also be responsible 

19   for conducting public outreach campaigns about 

20   work zone safety to ensure that drivers are 

21   properly slowing down and yielding to highway 

22   workers, and that they understand the 

23   consequences if they fail to follow the law.  

24                Let us be very clear.  No 

25   appointment or obligation is so pressing that it 


                                                               1145

 1   justifies jeopardizing the lives of others.  

 2   Ultimately this legislation is centering around 

 3   creating stronger safety standards and protecting 

 4   those who are simply out there doing their job to 

 5   the betterment of the State of New York.  

 6                I firmly believe that this 

 7   legislation is going to help prevent future 

 8   tragedies, which is why I am asking all of our 

 9   colleagues to join in voting aye.  

10                With that, Mr. President, I do so 

11   myself.  Thank you so much.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Kennedy to be recorded in the affirmative.  

14                Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                Senator Gianaris, that completes the 

19   reading of today's calendar.

20                SENATOR GIANARIS:   Mr. President, 

21   there is a privileged resolution at the desk.  

22   Please take up that resolution, read its title, 

23   and recognize Senator Mayer to speak on the 

24   resolution.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               1146

 1   is a privileged resolution at the desk.  

 2                There is a substitution at the desk.  

 3   The Secretary will read.

 4                THE SECRETARY:   Senators Mayer and 

 5   Stavisky move to substitute Assembly Concurrent 

 6   Resolution Number 818, by Assemblymembers 

 7   Benedetto and Glick, and substitute it for the 

 8   identical Senate Concurrent Resolution Number 

 9   2943.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.  

12                The Secretary will read.

13                THE SECRETARY:   Assembly Resolution 

14   818, Concurrent Resolution of the Senate and 

15   Assembly providing for the election of six 

16   Regents of the University of the State of 

17   New York.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Mayer on the resolution.

20                SENATOR MAYER:   Thank you, 

21   Mr. President.

22                It's my honor, as the chair of the 

23   Senate Education Committee, to speak in support 

24   of this resolution that renames a number of 

25   current members of the Board of Regents for 


                                                               1147

 1   another five-year term, and names a new Regent, 

 2   Dr. Frances Wills, to the Board of Regents.  

 3                I do think it's important that we 

 4   actually read the names of these individuals.  

 5   They're going to serve in one of the most 

 6   important roles in our state as members of the 

 7   Board of Regents, which has the extraordinary 

 8   responsibility of setting education policy from 

 9   early childhood to post-college for students 

10   throughout the state.  

11                This is a volunteer position, and 

12   yet it is a very demanding one and one that is 

13   important to students, parents, taxpayers and in 

14   fact all the citizens of the state.

15                So after a process of interviewing 

16   and considering reappointments, we are today 

17   resolving that Dr. Kathleen Cashin, of the County 

18   of Kings, be reelected Regent; that Beverly 

19   Ouderkirk, of the County of St. Lawrence, be 

20   reelected Regent; that Dr. Catherine Fisher 

21   Collins, of the County of Erie, be reelected; 

22   that Roger Tilles, of the County of Nassau, be 

23   reelected; and that Lester W. Young, Jr., of the 

24   County of Queens, be reelected, each for a 

25   five-year term.  


                                                               1148

 1                We also are electing Dr. Frances 

 2   Wills, who's joining us here in the chamber 

 3   today, from the County of Westchester, to be 

 4   elected Regent of the University of the State of 

 5   New York from the 9th Judicial District, for a 

 6   term of five years.  

 7                I'd like to speak briefly about one 

 8   of the ones we are naming for another term, 

 9   Dr. Lester Young.  We were very saddened and in 

10   fact distressed by the death of the Regent that 

11   represented our district, Judith Johnson, earlier 

12   in 2019.  She was a powerful figure.  She 

13   represented an extraordinary commitment to equity 

14   and to ensuring that every child, every child in 

15   the state had the opportunity to succeed through 

16   public schools.  

17                She had her passion and her heart.  

18   She also had intelligence, drive, a tremendous 

19   amount of resilience, and the ability to be a 

20   productive leader in fighting for every child.  

21   When she passed away, our remarkable Chancellor, 

22   Betty Rosa, asked Dr. Lester Young to sort of 

23   step into her footsteps until we named a new 

24   Regent.  

25                And I can say that last week, 


                                                               1149

 1   Dr. Young spoke at a Black History Month 

 2   celebration for the Yonkers Public Schools in a 

 3   most passionate and meaningful way, and he showed 

 4   us what a Regent can do by exerting leadership, 

 5   by talking about principles, by relating to the 

 6   people in our community, and by pushing our state 

 7   in a positive direction to assure justice and 

 8   equity for every student.

 9                It was a very powerful speech, and 

10   he's been a powerful figure.  And I do want to 

11   acknowledge his leadership.

12                With that, let me mention that we 

13   are today voting on and electing Dr. Frances 

14   Wills to be elected Regent for the 9th Judicial 

15   District.  

16                Again, Senator Stavisky and I and 

17   our colleagues participated in a rigorous 

18   interview process, and we're proud to select 

19   Dr. Wills to be our Regent for our district.  

20                Dr. Wills has a distinguished 

21   history.  She served as Superintendent of Schools 

22   in Putnam Valley and retired in 2019; 

23   Superintendent of Schools of the Briarcliff Manor 

24   Schools in Westchester; Superintendent of Schools 

25   of Maine School Administrative District No. 34.  


                                                               1150

 1                She has a long history of being a 

 2   very successful superintendent who was able to 

 3   bring teachers, parents and all other 

 4   stakeholders together on behalf of the greater 

 5   school community.

 6                She created a positive and 

 7   productive environment for teaching and learning.  

 8   And in fact, she brought the head of the 

 9   teachers' union to her interview in support of 

10   her application.  

11                She increased student opportunities 

12   through an inclusive and successful science 

13   research program.  And she increased student 

14   achievement in every school, including a rural 

15   school in Maine that faced challenges of poor 

16   students who needed their school to be the path 

17   forward.

18                Leader Andrea Stewart-Cousins and I 

19   had a very productive meeting with Dr. Wills this 

20   week in which we had a frank conversation about 

21   the fact that our Senate Majority and Minority 

22   wants to be sure that our Regent will be 

23   responsive to each of our districts and 

24   understanding of our commitment to equity for 

25   every student, regardless of where they live.  


                                                               1151

 1                In return, she wrote us a lovely 

 2   letter, and I want to read a sentence:  "I am 

 3   eager to join the Board of Regents in support of 

 4   the educational enterprise in New York State.  

 5   More than ever, our voices are needed to advocate 

 6   on behalf of those who are less able to access 

 7   the avenues of success, and to empower all 

 8   students in their life path."  

 9                I'm very pleased to be part of the 

10   process of electing her to the Board of Regents.  

11   I'm confident she will serve with distinction, 

12   with responsiveness, with commitment to the 

13   principles that Judith Johnson began for us, and 

14   will be part of a robust Board of Regents under 

15   the leadership of Betty Rosa.  

16                So it's with those comments, 

17   Mr. President, that I speak on behalf of this 

18   resolution.  And after we are finished, I hope we 

19   will recognize Dr. Wills for her presence here 

20   today.

21                Thank you, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Stavisky on the resolution.

24                SENATOR STAVISKY:   Thank you, 

25   Mr. President.


                                                               1152

 1                And I'm delighted to cosponsor the 

 2   resolution, as chair of the Higher Education 

 3   Committee, with Senator Mayer.

 4                I've said it many times, but the 

 5   Regents have a long tradition of history in the 

 6   State of New York.  In fact, it's the 

 7   longest-serving body directing education policy 

 8   in the country.  

 9                And in fact, we talk about the laws 

10   that we have passed; the Regents were created 

11   according to Chapter 51 of the Laws of 1784, and 

12   we have continued that tradition for many years 

13   since.  

14                And interestingly, in 1786, two 

15   years after the Regents were created, there was a 

16   bill introduced in the Assembly sponsored by an 

17   Assemblyman who was a Regent, changing the 

18   makeup.  And that Assemblymember was Alexander 

19   Hamilton.  

20                So you have a long history to work 

21   with, but I know that the Regents are going to 

22   continue the work that was started in 1784.

23                And I do want to congratulate the 

24   Regents, the people who are being reappointed.  

25   Senator Mayer mentioned Dr. Young.  He is a 


                                                               1153

 1   resident of my county, the county which I 

 2   represent.  And I must say I was so impressed 

 3   with him five years ago when he first filled a 

 4   vacancy from Adelaide Sanford, if my memory is 

 5   correct.  

 6                But he set the bar very high for the 

 7   interviews that first session that we 

 8   interviewed.  And I am so happy that he has 

 9   agreed to continue his service as a Regent, 

10   because he exemplifies, I think, education in 

11   New York State.  Because he started as a teacher 

12   and then he rose through the ranks as a 

13   supervisor, a superintendent.  He was I believe a 

14   deputy commissioner of education at one time.  

15                And this is true of the other people 

16   who are being reappointed as well; they all have 

17   extraordinary backgrounds.  And I thank them for 

18   their service, and I congratulate the new Regent, 

19   Dr. Wills.  And I'm sure that you will continue 

20   the tradition that was started by Alexander 

21   Hamilton.  

22                So I thank you all very much, and 

23   wish all of the Regents well.

24                Thank you.

25                ACTING PRESIDENT BENJAMIN:   Leader 


                                                               1154

 1   Andrea Stewart-Cousins on the resolution.

 2                SENATOR STEWART-COUSINS:   Thank 

 3   you, Mr. President.

 4                I rise also to commend all of our 

 5   Regents who are being reappointed.  I also echo 

 6   the comments of Senator Mayer and Senator 

 7   Stavisky as it relates to Dr. Young, who has been 

 8   exemplary in his example.

 9                I also want to mention Dr. Cashin 

10   and Dr. Catherine Fisher Collins, who I know 

11   personally, all of whom have really worked with 

12   all of the other Regents to create the body that 

13   we envision it to be here in New York.  And so 

14   I'm really, really happy to add to that 

15   auspicious group, which also includes Beverly 

16   Ouderkirk and Roger Tilles.  

17                I want to welcome our own 

18   Dr. Frances Wills.  She and I have known each 

19   other for quite some time, having had an 

20   opportunity to represent Briarcliff for a short 

21   time and being involved in a lot of the different 

22   programs that happen in Westchester County.

23                Dr. Wills has really impressed us as 

24   being someone who will be able to step in with a 

25   perspective that really engenders what education 


                                                               1155

 1   is all about -- not only excellence, not only 

 2   knowledge, but a real understanding of how to 

 3   bring people in, to meet them where they are, and 

 4   to accentuate the positive that people need in 

 5   order to succeed in life.

 6                She's talked about every aspect, 

 7   whether it was rural or suburban.  Certainly the 

 8   focus that Judith Johnson had on equity is 

 9   something that is very important to Dr. Wills, 

10   and we talked about it and some of the ways that 

11   she's found to bring people along and to 

12   cultivate an atmosphere of inclusivity.  

13                We are paying such close attention 

14   to the Regents.  I think many years ago it was 

15   something that people didn't quite understand in 

16   terms of what the Regents meant to the quality of 

17   education that was actually offered our kids.  

18   And it was right around -- we talked about right 

19   around Common Core where everyone started 

20   focusing on who's in charge, who's making these 

21   policies, and what are these Regents doing.  

22                And now those of us who are so 

23   committed to public education are very, very 

24   clear about the caliber of person we want and 

25   need to direct our policies here in New York 


                                                               1156

 1   State.

 2                And I'm happy that we all agree that 

 3   Dr. Wills is certainly someone who will continue 

 4   to bring us to be the absolute best.  And, you 

 5   know, as she works towards that, this body will 

 6   be supporting you and all of your colleagues as 

 7   you do what we know is so important to all of us 

 8   here in New York.

 9                So I want to congratulate Dr. Wills.  

10   Thank you, Senator Mayer and Senator Stavisky, 

11   for your leadership in this.  And we look forward 

12   to continue working with you.

13                Thank you, Mr. President.

14                ACTING PRESIDENT BENJAMIN:    

15   Senator Serino on the resolution.

16                SENATOR SERINO:   Thank you, 

17   Mr. President.

18                I rise to today to speak about 

19   Dr. Fran Wills.  I've known Dr. Fran Wills and 

20   worked with her for a few years now, and I'm so 

21   happy to be here for her election as Regent to 

22   the 9th District.  

23                When Dr. Wills' name came up, our 

24   office received numerous phone calls from people 

25   who wanted to see her in this role -- people who 


                                                               1157

 1   complimented her ability to listen and to lead, 

 2   something that I saw firsthand when we worked on 

 3   a major project in my district, the Pudding 

 4   Street Overpass, which we're all familiar with, 

 5   coming up the Taconic Parkway, a project that 

 6   will directly improve safety for our children.  

 7                And this is just a small line in 

 8   Dr. Wills' resume that sums up her work.  

 9   "Dr. Wills created networks to increase student 

10   voice, parent partnerships, faculty investments 

11   in growth, and the belief that all students can 

12   learn."

13                I wish her all the best as she works 

14   to build on this legacy as she takes on this new 

15   role, working to empower students across the 

16   state.  

17                Thank you, Dr. Wills, and 

18   congratulations.

19                ACTING PRESIDENT BENJAMIN:    

20   Senator Sanders on the resolution.

21                SENATOR SANDERS:   Thank you, 

22   Mr. President.

23                I want to applaud all of the Regents 

24   who are being appointed and reappointed.  I'm 

25   sure all are fantastic people.  


                                                               1158

 1                I want to pay special attention to 

 2   two who I have had the pleasure of working with; 

 3   of course, Lester Young and Kathy Cashin.  Both 

 4   are outstanding.  

 5                Lester has been -- Mr. Young has 

 6   been around and has -- as was stated earlier, has 

 7   come up through the ranks.  

 8                Kathy Cashin I have actually had the 

 9   pleasure -- when I was a school board president, 

10   she was my superintendent, so I worked hand in 

11   hand with her to see how we can raise the grades 

12   of the different people.  And I can attest that 

13   she is one of the hardest workers that I know and 

14   extremely passionate on this issue of education.  

15   This is not just a job, this is not even a 

16   career, this is -- for her, this is life.

17                So I again applaud all of the 

18   Regents and bring special recognition to those 

19   two.

20                Thank you, Mr. President.

21                ACTING PRESIDENT BENJAMIN:    

22   Senator LaValle on the resolution.

23                SENATOR LaVALLE:   Mr. President, I 

24   rise to speak on the resolution and in particular 

25   about Roger Tilles, Regent Roger Tilles, who 


                                                               1159

 1   represents the 10th Judicial District.

 2                In my mind, he should be a model for 

 3   all our Regents.  He is a full-time Regent, he is 

 4   able to do that.  And he interacts with school 

 5   districts, visits school districts, and he knows 

 6   what's going on in the 10th Judicial District.  

 7                So he is a reelection, I guess this 

 8   is his third election to the -- being a member of 

 9   the Board of Regents.  And I don't think we 

10   realize -- some of us do -- the depth and the 

11   range that the Regents have within our education 

12   system and professions and beyond.  So I heartily 

13   endorse the reelection of Regent Roger Tilles.

14                ACTING PRESIDENT BENJAMIN:    

15   Senator Montgomery on the resolution.

16                SENATOR MONTGOMERY:   Thank you, 

17   Mr. President.

18                I rise to just say very briefly that 

19   I am especially proud to be able to vote once 

20   again for the reelection, I suppose, of 

21   Dr. Lester Young in particular.  I served with 

22   him when he was superintendent of Community 

23   School District 13 in the Borough of Brooklyn, 

24   County of Kings.  

25                And I know that some of my 


                                                               1160

 1   colleagues claim him as a Queens person, but I 

 2   must say that he has done a major contribution to 

 3   not just Queens, but certainly to Kings, to 

 4   Brooklyn, to the young people in particular in 

 5   the Borough of Brooklyn, especially in the 

 6   district that I represent.

 7                He was an innovator when he was 

 8   superintendent of Community School District 13.  

 9   And he was a mentor to the other professionals 

10   that he was supervisor of.  He worked with 

11   parents and was able to help parents understand 

12   and become part and participants in their 

13   children's education.  He's worked with elected 

14   officials in helping us to understand those 

15   things that we can do that would make a 

16   difference for children in our districts and in 

17   our state.  

18                He was responsible for developing 

19   the My Brother's Keeper program, which is 

20   statewide and has been very successful in helping 

21   young people to improve their possibilities as 

22   students.  And so I am really indebted to him for 

23   what he represents for children in this state.  

24                And I want to also thank and 

25   represent a special recognition of Dr. Kathy 


                                                               1161

 1   Cashin, who has also been there.  I am so 

 2   impressed that we now have a Regents, a Board of 

 3   Regents that are involved, that work with us, 

 4   that make us know who they are and who want to 

 5   reach out to make sure that we're working with 

 6   them, and they with us, in making it a better 

 7   place, a better educational system, more 

 8   successful for our young people.  

 9                So I thank them.  And I 

10   especially want to just say to Dr. Young and 

11   Dr. Cashin, we appreciate you and you are 

12   Brooklyn.

13                Thank you.  

14                (Laughter.)

15                ACTING PRESIDENT BENJAMIN:   The 

16   question is on the resolution.  The Secretary 

17   will call the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Assembly Concurrent Resolution 818, those 

23   Senators recorded in the negative are 

24   Senators Akshar, Amedore, Borrello, Boyle, 

25   Flanagan, Funke, Gallivan, Griffo, Helming, 


                                                               1162

 1   Jacobs, Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, 

 2   Robach, Seward and Tedisco.

 3                Ayes, 44.  Nays, 18. 

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is adopted.

 6                Dr. Frances G. Wills, congrats on 

 7   your election to the Board of Regents.  Please 

 8   rise and be recognized.

 9                (Standing ovation.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gianaris.

12                SENATOR GIANARIS:   Mr. President, 

13   let me remind my colleagues that at the 

14   conclusion of session there will be a Majority 

15   conference in the Majority Conference Room.  And 

16   with that, is there any further business at the 

17   desk?

18                ACTING PRESIDENT BENJAMIN:   There 

19   will be a Majority conference in the Majority 

20   Conference Room.

21                There is no further business at the 

22   desk.

23                SENATOR GIANARIS:   I move to 

24   adjourn until tomorrow, Wednesday, March 4th, at 

25   11:00 a.m.


                                                               1163

 1                ACTING PRESIDENT BENJAMIN:   On 

 2   motion, the Senate stands adjourned until 

 3   Wednesday, March 4th, at 11:00 a.m.

 4                (Whereupon, at 4:50 p.m., the Senate 

 5   adjourned.)

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25