Regular Session - January 19, 2022

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 19, 2022

11                      3:11 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   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 PERSAUD:   The 

14    reading of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    January 18, 2022, the Senate met pursuant to 

17    adjournment.  The Journal of Sunday, June 16, 

18    2022, was read and approved.  On motion, Senate 

19    adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


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 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Thank you, 

 7    Madam President.

 8                 I move to adopt the Resolution 

 9    Calendar, with the exception of Resolutions 1631 

10    and 1706.

11                 ACTING PRESIDENT PERSAUD:   All 

12    those in favor of adopting the Resolution 

13    Calendar please signify by stating aye.

14                 (Response of "Aye.")

15                 ACTING PRESIDENT PERSAUD:   Opposed, 

16    nay.

17                 (No response.)

18                 ACTING PRESIDENT PERSAUD:   The 

19    Resolution Calendar is adopted, with the 

20    exception of Resolutions 1631 and 1706.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   At this time can 

23    we take up the reading of the calendar, please.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Secretary will read.


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 1                 THE SECRETARY:   Calendar Number 41, 

 2    Senate Print 7713, by Senator Ortt, an act to 

 3    amend the Executive Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

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

 8    same manner as a chapter of the Laws of 2021.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 41, voting in the negative:  

16    Senator Skoufis.

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 45, 

21    Senate Print 7717, by Senator Kavanagh, an act to 

22    amend the Public Health Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               222

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

 2    same manner as a chapter of the Laws of 2021.

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT PERSAUD:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 48, 

12    Senate Print 7720, by Senator Thomas, an act to 

13    amend the General Business Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 4.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar Number 48, those Senators voting in the 

25    negative are Senators Griffo and Martucci.


                                                               223

 1                 Ayes, 61.  Nays, 2.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 49, 

 5    Senate Print 7721, by Senator Kennedy, an act to 

 6    amend the Tax Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

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

11    same manner as a chapter of the Laws of 2021.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 51, 

21    Senate Print 7723, by Senator Gaughran, an act to 

22    amend the Environmental Conservation Law.

23                 ACTING PRESIDENT PERSAUD:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               224

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar Number 51, voting in the negative:  

 9    Senator Lanza.

10                 Ayes, 62.  Nays, 1.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 52, 

14    Senate Print 7724, by Senator Biaggi, an act to 

15    amend the Banking Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 8.  This 

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

20    same manner as a chapter of the Laws of 2021.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               225

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 52, voting in the negative:  

 3    Senator Serino.

 4                 Ayes, 62.  Nays, 1.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 53, 

 8    Senate Print 7725, by Senator Bailey, an act to 

 9    amend the Labor Law.

10                 ACTING PRESIDENT PERSAUD:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

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

14    same manner as a chapter of the Laws of 2021.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 54, 

24    Senate Print 7726, by Senator Skoufis, an act to 

25    amend the Public Health Law.


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 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

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

 5    same manner as a chapter of the Laws of 2021.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 54, voting in the negative:  

13    Senator Martucci.

14                 Ayes, 62.  Nays, 1.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 59, 

18    Senate Print 7731, by Senator Skoufis, an act to 

19    amend the Real Property Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


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 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Senator  

 3    Serino to explain her vote.

 4                 SENATOR SERINO:   Thank you very 

 5    much, Madam President.  

 6                 I just ask to recuse myself because 

 7    I am a real estate broker.  Thank you.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Serino will be recorded as recused.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar Number 59, those Senators voting in the 

13    negative are Senators Akshar, Borrello, Gallivan, 

14    Griffo, Helming, Jordan, Lanza, Martucci, 

15    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

16    Stec and Weik.

17                 And Senator Serino recused herself.

18                 Ayes, 46.  Nays, 16.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 63, 

22    Senate Print 7735, by Senator Liu, an act to 

23    amend the General Obligations Law and the 

24    Real Property Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               228

 1    last section.

 2                 THE SECRETARY:   Section 4.  This 

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

 4    same manner as a chapter of the Laws of 2021.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 63.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 64, 

14    Senate Print 7736, by Senator Kaplan, an act to 

15    amend the Penal Law.

16                 ACTING PRESIDENT PERSAUD:   Read the 

17    last section.

18                 THE SECRETARY:   Section 5.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT PERSAUD:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT PERSAUD:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


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 1    Calendar Number 64, those Senators voting in the 

 2    negative are Senators Akshar, Borrello, Boyle, 

 3    Gallivan, Griffo, Helming, Jordan, Lanza, 

 4    Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 5    Ritchie, Serino, Stec, Tedisco and Weik.

 6                 Ayes, 44.  Nays, 19.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 65, 

10    Senate Print 7737, by Senator Kaminsky, an act to 

11    amend the Environmental Conservation Law.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 8.  This 

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

16    same manner as a chapter of the Laws of 2021.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 66, 


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 1    Senate Print 7738, by Senator Brooks, an act to 

 2    amend the County Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

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

 7    same manner as a chapter of the Laws of 2021.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    146, Senate Print 7775, by Senator Hinchey, an 

18    act to amend the Agriculture and Markets Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               231

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    166, Senate Print 7800, by Senator Ramos, an act 

 8    to amend the Social Services Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

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

13    same manner as a chapter of the Laws of 2021.

14                 ACTING PRESIDENT PERSAUD:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT PERSAUD:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 166, voting in the negative:  

21    Senator Helming.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               232

 1    172, Senate Print 7806, by Senator Gianaris, an 

 2    act to amend a chapter of the Laws of 2021.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 172, those Senators voting in the 

14    negative are Senators Akshar, Borrello, Boyle, 

15    Gallivan, Griffo, Helming, Jordan, Lanza, 

16    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

17    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

18    Weik.

19                 Ayes, 43.  Nays, 20.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    183, Senate Print 7819, by Senator Myrie, an act 

24    to amend the Public Officers Law and the 

25    Election Law.


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 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 12.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar Number 183, those Senators voting in the 

12    negative are Senators Jordan, O'Mara and Ortt.

13                 Ayes, 60.  Nays, 3.

14                 ACTING PRESIDENT PERSAUD:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    186, Senate Print 7823, by Senator Sanders, an 

18    act to amend the Agriculture and Markets Law.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               234

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    194, Senate Print 7836, by Senator Kennedy, an 

 8    act to amend the Public Service Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.  

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 194, those Senators voting in the 

20    negative are Senators Akshar, Borrello, Jordan, 

21    Martucci, Oberacker, O'Mara, Ortt, Rath, Serino, 

22    Stec, Tedisco and Weik.

23                 Ayes, 51.  Nays, 12.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


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 1                 THE SECRETARY:   Calendar Number 

 2    195, Senate Print 7837, by Senator Breslin, an 

 3    act to amend the Public Health Law.

 4                 ACTING PRESIDENT PERSAUD:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 6.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT PERSAUD:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar Number 195, Senator Gallivan in the 

15    negative.

16                 Ayes, 62.  Nays, 1.

17                 ACTING PRESIDENT PERSAUD:   The bill 

18    is passed.

19                 Senator Gianaris, that completes the 

20    reading of today's calendar.

21                 SENATOR GIANARIS:   Thank you, 

22    Madam President.  

23                 At this point if we could return to 

24    motions and resolutions and take up 

25    Resolution 1631, by Leader Stewart-Cousins, read 


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 1    that resolution in its entirety, and recognize 

 2    our Majority Leader on the resolution.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senate Resolution 

 6    Number 1631, by Senator Stewart-Cousins, 

 7    commemorating the observance of the 37th Annual 

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

 9    New York, on January 17, 2022. 

10                 "WHEREAS, From time to time we take 

11    note of certain individuals whom we wish to 

12    recognize for their valued contributions and to 

13    publicly acknowledge their endeavors which have 

14    enhanced the basic humanity among us all; and 

15                 "WHEREAS, Attendant to such concern,  

16    and in full accord with its long-standing 

17    traditions, it is the custom of this 

18    Legislative Body to join the people of this great 

19    Empire State in proudly observing the 37th Annual  

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

21    New York, on January 17, 2022, taking note of his 

22    many accomplishments and contributions to 

23    mankind; and 

24                 "WHEREAS,  Dr.  Martin  Luther  

25    King, Jr., was born the grandson of a slave into 


                                                               237

 1    a segregated society in Atlanta, Georgia, on 

 2    January 15, 1929, and was instrumental in 

 3    formulating a policy which ultimately destroyed 

 4    legal apartheid in the southern states of our 

 5    nation; and 

 6                 "WHEREAS, In February of 1968, 

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

 8    inevitability of his death and hoped that when we 

 9    spoke of his life, we would not concentrate on 

10    his academic achievements:  that he graduated 

11    from Morehouse College, that he attended the 

12    Crozer Theological Seminary and Boston 

13    University, where he earned a doctorate in 

14    Systematic Theology; and 

15                 "WHEREAS, Furthermore, Dr. Martin 

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

17    we mention that he won the Nobel Peace Prize and 

18    over 300 other awards; and 

19                 "WHEREAS, Dr. Martin Luther King, 

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

21    all Americans was truly reflected in his devotion  

22    to serve and respect others, and in his steadfast 

23    love for all humanity; and 

24                 "WHEREAS, Standing in a long line of 

25    great American Black leaders, Dr. Martin Luther 


                                                               238

 1    King, Jr., represents the historical culmination 

 2    and the living embodiment of a spirit of united 

 3    purpose rooted in Black African culture and the 

 4    American dream; and 

 5                 "WHEREAS, An apostle of peace, 

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

 7    for the civil rights of all Americans and taught 

 8    us that through nonviolence, courage displaces  

 9    fear, love transforms hate, acceptance dissipates 

10    prejudice, and mutual regard cancels enmity; and 

11                 "WHEREAS, Dr. Martin Luther King, 

12    Jr., manifestly contributed to the cause of 

13    America's freedom, and his commitment to human 

14    dignity is visibly mirrored in the spiritual, 

15    economic, and political dimensions of the civil 

16    rights movement; and 

17                 "WHEREAS, In addition, Dr. Martin 

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

19    liberation of his people, and his courage 

20    transcended the advocates of mindless 

21    retrenchment; and 

22                 "WHEREAS, It is the sense of this 

23    Legislative Body that the common and shared 

24    responsibility of governance demands an 

25    irrevocable commitment to the preservation and 


                                                               239

 1    enhancement of human dignity as exemplified by 

 2    Dr. Martin Luther King, Jr.; and 

 3                 "WHEREAS, Upon the occasion of the 

 4    celebration of the birthday of Dr. Martin Luther 

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

 6    Body to commemorate the heroic efforts of 

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

 8    was a drum major for peace, justice and 

 9    righteousness; and 

10                 "WHEREAS, The 2022 Dr. Martin Luther  

11    King, Jr., holiday observance marks the 

12    93rd anniversary of his birth, and the 

13    37th annual holiday celebrated in the State of 

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

15                 "RESOLVED, That this Legislative 

16    Body pause in its deliberations to memorialize 

17    and pay tribute to the legendary life and 

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

19    the occasion of the anniversary of his birth and 

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

21    the State of new York and throughout the nation; 

22    and be it further 

23                 "RESOLVED, That a copy of this  

24    resolution, suitably engrossed, be transmitted  

25    to the Black, Puerto Rican, Hispanic and Asian 


                                                               240

 1    Legislative Caucus."  

 2                 ACTING PRESIDENT PERSAUD:   Senator  

 3    Stewart-Cousins on the resolution.

 4                 SENATOR STEWART-COUSINS:   Thank 

 5    you, Madam President.  

 6                 I always look forward to this day 

 7    because it's a day of teaching and learning.  

 8    It's an opportunity for all of us.  It's a 

 9    holiday of deep reflection.  It's a holiday of 

10    enduring hope.  And it's a day that we are 

11    reminded not only how far we've come, but also 

12    how far we've yet to go.  

13                 As we celebrate this anniversary of 

14    Dr. King -- this holiday that, by the way, was 

15    signed into law by President Ronald Reagan -- I 

16    want to look back at its creation and the story 

17    it tells of persistent righteousness over hatred.  

18                 When lawmakers first brought the 

19    idea for an MLK Day to the floor of the House of 

20    Representatives, only two other individuals had 

21    holidays reserved for them:  George Washington 

22    and Christopher Columbus.  

23                 It took more than a decade after his 

24    death in 1968 for federal officials to recognize 

25    the true impact of Dr. King's work.  Now we 


                                                               241

 1    understand the truly shaping force of this 

 2    historic figure.

 3                 Recognizing Dr. King acknowledges 

 4    that our nation's power doesn't stem from holding 

 5    down members of our society but from recognizing 

 6    that our American creed requires justice for all.  

 7    In the debate about creating this holiday, 

 8    Senator Jesse Helms led a vicious filibuster 

 9    against its passage.  Fueled by racist sentiments 

10    and hateful ideology, he and others questioned 

11    whether Dr. King should even be acknowledged in 

12    this way.

13                 But New York should be proud, 

14    because it was our own statesman, Senator Daniel 

15    Patrick Moynihan, who called the filibuster 

16    against that holiday -- and this is his words -- 

17    a packet of filth.  And the filibuster failed, 

18    and the legislation ultimately passed in 1983.

19                 But we should recognize that it 

20    wasn't until the year 2000 that all 50 states 

21    celebrated this national holiday.  So just think 

22    of it:  For almost two decades after the signing 

23    of the legislation, our union remained divided on 

24    the legitimacy of the holiday.

25                 The fight to recognize Dr. Martin 


                                                               242

 1    Luther King, Jr., Day serves as an important 

 2    reminder that such hallmarks of progress are 

 3    heavily contested.  Amidst our great strides, 

 4    it's easy to forget the history was really not 

 5    that long ago and that the stain of our nation's 

 6    racist past often seeps through to this present 

 7    day.

 8                 How ironic, in fact, that on this 

 9    day, the same day we're celebrating King's life 

10    in this Senate chamber, the very same filibuster 

11    deployed by Senator Helms is currently being used 

12    to doom the John Lewis Voting Rights Advancement 

13    Act and the Freedom to Vote Act.

14                 To add to the crisis of our 

15    democracy, this past year we've seen a true 

16    regression on the franchise of voting.  Nearly 

17    500 bills were introduced nationwide with some 

18    element of vote suppression built in.

19                 We know why voting is so sacred.  

20    It's the right that begets all others and 

21    codifies every individual as a fully endowed 

22    citizen.  It's the mechanism by which the people 

23    hold power accountable.

24                 Our flurry of advancements since 

25    King's murder are in great thanks to a more 


                                                               243

 1    inclusive vote.  We ushered in a promising era of 

 2    hope and change by electing Barack Obama as the 

 3    first Black president of the United States.  We 

 4    saw those in leadership start to look more like 

 5    the diversity of America.  We breathed a sigh of 

 6    relief that finally the American dream was 

 7    attainable for everyone and that Dr. King had not 

 8    died in vain.

 9                 Unfortunately, these sighs of relief 

10    were short-lived.  Our amazing accomplishments, 

11    the sense of finally summiting the mountaintop 

12    were met with a backlash of bigotry and vitriol, 

13    the same kinds of things that Dr. King and so 

14    many others fought against.

15                 We've witnessed events that uprooted 

16    the traumas from the past in Charlottesville, 

17    when groups marched with tiki torches, spouting 

18    racist and antisemitic slogans, burning crosses 

19    in the night.

20                 And a year ago this month, we saw 

21    those same symbols of hatred and racism breaking 

22    down the doors of our democracy.  For the first 

23    time in our nation's history, the Confederate 

24    flag waved in the halls of Congress.

25                 As a country, we've been here 


                                                               244

 1    before:  An ugly wound that has yet to heal 

 2    reopened.  These attacks showed us once again 

 3    that our humanity and the sanctity of our 

 4    democracy are intertwined.  But these atrocities 

 5    are not part of the American dream.  The dream 

 6    that Dr. King believed so fervently is one where 

 7    we don't fear each other's differences because we 

 8    know that those differences make us stronger.  We 

 9    don't suppress our varied neighbors because we 

10    know their presence makes us better.  That's what 

11    makes our nation great.

12                 In the spirit of Dr. King, we must 

13    continue the hard work of holding America 

14    accountable for what it's professed to be on 

15    paper -- a country with liberty and justice for 

16    all.  And that hinges on the right to vote.

17                 That's why this chamber opened the 

18    session with another slate of election reforms 

19    and will continually pressure our federal leaders 

20    to take similar action.  Any tools to suppress 

21    American voices must be rebuked in all forms.  

22                 The refusal to commit to racial and 

23    social justice will erode our democracy and the 

24    strength of this great nation.  We know progress 

25    takes time, and we know, as Dr. King said, the 


                                                               245

 1    moral arc of the universe does indeed bend 

 2    towards justice -- but it takes continued hard 

 3    work and sacrifice.

 4                 Luckily for us, we have this holiday 

 5    every year to remind us not only of Dr. King's 

 6    ultimate sacrifice, but that history repeats 

 7    itself.  And as Dr. King said, change does not 

 8    roll in on the wheels of inevitability, but comes 

 9    through continuous struggle.  May we have 

10    strength for this struggle so that we indeed will 

11    finally celebrate, in all of its aspects, the 

12    legacy of Dr. King.

13                 Thank you, Madam President.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you, Senator Stewart-Cousins.

16                 Senator Bailey on the resolution.

17                 SENATOR BAILEY:   Thank you, 

18    Madam President.  

19                 And thank you, Madam Leader, for 

20    always sponsoring this really important 

21    resolution to commemorate the life and legacy of 

22    one of our nation's greatest people.

23                 It's always an experience for me to 

24    do this, because this is the commemoration of the 

25    first time that I spoke on the floor.  And I 


                                                               246

 1    haven't stopped speaking much since then.

 2                 (Laughter.)

 3                 SENATOR BAILEY:   But Dr. King meant 

 4    a lot to a lot of people.  And what he did lives 

 5    through all of us.  It lives through hip-hop 

 6    artists:  "The pressure weigh a ton, it's gettin' 

 7    too heavy; had to inspire them again like I 

 8    didn't already."  This was the very first line on 

 9    Nas's album King's Disease II, the song called 

10    "The Pressure."  And when I hear that song, I 

11    think about the struggle of Dr. King and I think 

12    about the pressure that he faced on a daily 

13    basis -- the scourge of racism, the pressures 

14    within the community -- and I wonder how did he 

15    carry on in such grace while inspiring so many 

16    people.

17                 So Happy 93rd Birthday, Dr. King -- 

18    a reverse in order of the tender age of 39 years 

19    in which you left this earth far too soon.  

20                 And as I speak on this resolution 

21    every year, I think about -- or I thought about 

22    how close I was to that age of 39 years old.  And 

23    I wondered what could I do in the scope of my own 

24    life, my own career, to even come close to what 

25    Dr. King did.  Now, the gravity has hit me now 


                                                               247

 1    that I am at the age of 39, the same age that 

 2    Dr. King left us -- and, ironically enough, that 

 3    Malcolm X left us.  I've come to the realization 

 4    that it's not about measuring what I can do as 

 5    related to Dr. King, it is what I can do in my 

 6    own capacity.  It is what we can do in our own 

 7    individual capacities.  

 8                 So I ask myself, as the sun rises 

 9    each day and the moon circles the earth, I think 

10    about my favorite Dr. King quote, the famous 

11    Dr. King quote:  "Life's most persistent and 

12    urgent question is, What you are doing for 

13    others?"  And I think about what am I doing for 

14    others.  What am I doing to be a better Senator, 

15    to be a better father, husband, friend?

16                 On this day that we celebrate as a 

17    national day of service -- make no mistake about 

18    it, Madam President, the life and legacy of 

19    Dr. King can never just be brought to one word.  

20    But if we did have to distill it down to one 

21    word, I believe that word would be "service."  On 

22    this unique national holiday, people from all 

23    walks of life, they -- we flock to houses of 

24    worship, community centers and yes, in this 

25    COVID-19 era, Zoom gatherings, to extol the 


                                                               248

 1    virtues of Dr. King, to quote him and to think 

 2    about the life well-lived that he had.

 3                 But you know, sometimes -- like the 

 4    goodwill of the holidays fades on January 2nd 

 5    sometimes, the good rhetoric and the good quotes, 

 6    they seem to expire by some of the individuals 

 7    who state these quotes.  Maybe there's a Dr. King 

 8    score card for some folks where they check a box 

 9    and say a quote, and they say some things that 

10    they truly don't understand or don't believe, or 

11    that were in direct opposition to what Dr. King 

12    stood for.  But maybe -- you know what, 

13    Madam President, maybe I thought that they don't 

14    actually know what he stood for.  And it's never 

15    too late to learn.

16                 Dr. King famously said:  "We must 

17    remember that intelligence is not enough.  

18    Intelligence plus character -- that is the goal 

19    of true education.  The complete education gives 

20    one not only power of concentration, but worthy 

21    objectives upon which to concentrate."  

22                 See, education is part of learning, 

23    and learning is a natural process.  I talk about 

24    my kids all the time.  You're never too old or 

25    too young to learn anything.  And as my kids 


                                                               249

 1    attend school -- my oldest, Giada, is in 

 2    2nd grade now, and my youngest, Carina, is in 

 3    kindergarten -- they've learned different things 

 4    throughout the years about Dr. King.  And with 

 5    each level of education, it graduates a little 

 6    bit more.  

 7                 And so I was talking to my daughters 

 8    and I was asking them, What did you learn?  

 9    Right?  What did you learn this year in school 

10    about Dr. King?  And Giada was talking about how 

11    she heard the "I Have A Dream" speech.  "But did 

12    you know, Dad, that Dr. King gave more than one 

13    speech?"  "Yes, Giada, I did."  "I'd like to hear 

14    those someday." "Well, maybe you'll get to hear 

15    them someday, Giada."

16                 She also noted that he fought for 

17    civil rights.  And she knew where he was born and 

18    where he passed away and what he was doing when 

19    he passed away.  He was fighting for the rights 

20    for people, sanitation workers.  

21                 My youngest, Carina, you know, she's 

22    in kindergarten; she learned that, simply put, 

23    Dr. King helped people.  And he didn't want Black 

24    people and white people to be separate.  And it 

25    wasn't fair, in Carina's eyes, that Black people 


                                                               250

 1    and white people used different bathrooms.  They 

 2    should have been able to use the same bathroom 

 3    because if you have to go to the bathroom, it 

 4    shouldn't matter what the color of your skin is.  

 5                 Things like that that seem so simple 

 6    were the things that we could not figure out as a 

 7    society prior to the civil rights movement.

 8                 You know, so we think about 

 9    learning.  And even Dr. King's own granddaughter 

10    had to learn more about him.  Yolanda Renee King, 

11    an incredibly well-spoken, incredibly articulate, 

12    incredible activist in her own right, she said 

13    that throughout her life her parents told her 

14    that your family has done some really phenomenal 

15    work, and that you're the granddaughter of really 

16    phenomenal people who changed the country and the 

17    world.  And she didn't understand the 

18    significance of it until she got older, so she 

19    had to learn.  Right?  

20                 She also said that MLK Day is not a 

21    day off, it's a day on.  It's a day of service.  

22    And you have to go out and support those 

23    movements.  And although you may not be old 

24    enough to vote, you're the future.  You, in your 

25    decisions, determine the future of the world.  


                                                               251

 1                 Dr. King said, in his "Give Us the 

 2    Ballot" speech in May of 1957, "So long as I do 

 3    not firmly and irrevocably possess the right to 

 4    vote, I do not possess myself.  I cannot make up 

 5    my mind -- it is made up for me.  I cannot live 

 6    as a democratic citizen observing the laws that I 

 7    have helped to enact -- I can only submit to the 

 8    edict of others.  The denial of this sacred right 

 9    is a tragic betrayal of the highest mandates of 

10    our democratic tradition."

11                 Learning.  Now, I need to learn more 

12    every day.  And I know about his great catalogue 

13    of speeches, and I've listened to a great many of 

14    them, but each year certain things out stand out 

15    more to me.  His final speech, "I've Been to the 

16    Mountaintop," it was far more than just a 

17    prescient speech that eerily predicted his sadly 

18    too-soon departure from this earth.

19                 Dr. King said:  "I don't know what 

20    will happen now.  We've got some difficult days 

21    ahead.  But it doesn't matter with me now, 

22    because I've been to the mountaintop.  And I 

23    don't mind.  Just like anybody, I would like to 

24    live a long life.  Longevity has its place.  But 

25    I'm not concerned about that now.  I just want to 


                                                               252

 1    do God's will.  And He's allowed me to go up to 

 2    the mountain.  And I've looked over, and I've 

 3    seen the promised land.  I may not get there with 

 4    you, but I want you to know tonight that we as a 

 5    people will get to the promised land.  And I'm 

 6    happy tonight.  I'm not worried about anything.  

 7    I'm not fearing any man.  Mine eyes have seen the 

 8    glory of the coming of the Lord."

 9                 And his speech was more than just 

10    that eerie forecasting of his too-soon demise, it 

11    was a call for economic justice and solidarity.  

12    He called for a bank-in movement in Memphis.  It 

13    was an understanding that in the collective there 

14    is great strength.  And there's nothing that can 

15    stop the collective.  We know he was fighting for 

16    sanitation workers, much like we fight for people 

17    that do -- for laborers now.  

18                 Now, what did Dr. King see from that 

19    proverbial mountaintop?  I can't opine on that.  

20    Well, I can't tell you, but I can opine on it.  

21    But I can imagine that from that mountaintop what 

22    he did not see was a future of legislatures 

23    trying to make it harder for people to vote.  I 

24    imagine it certainly wasn't a future full of 

25    political divisiveness.  And I imagine it wasn't 


                                                               253

 1    a world where people that would eventually quote 

 2    him would, in the same breath, do things that 

 3    were directly contrary to his dream that they so 

 4    often invoke.  I imagine he didn't see those 

 5    things from that mountaintop, Madam President.

 6                 "Ten thousand fools proclaim 

 7    themselves into obscurity, while one wise man 

 8    forgets himself into immortality."  Not my words, 

 9    the words of Dr. King.

10                 But maybe those who are willfully 

11    blind and who haven't learned yet, Madam 

12    President, they have a chance, an opportunity to 

13    learn.  Because Dr. King said, "I believe that 

14    unarmed truth and unconditional love will have 

15    the final word in reality."  And as we know, the 

16    time is always right to do what is right.  

17                 And that song, "The Pressure," that 

18    I opened up with, it ends with the phrase "Weight 

19    of the world, embrace the pressure."  Dr. King 

20    had the weight of the world on his shoulders, and 

21    he embraced that pressure like few we have seen 

22    in the history of our nation.  He embraced that 

23    pressure.  It's a meaningful statement for all of 

24    us.  Remember that pressure makes diamonds.  And 

25    he was one of the diamonds of the civil rights 


                                                               254

 1    era, and his legacy still shines to this day.  

 2                 May the legacy of Dr. Martin Luther 

 3    King, Jr., forever shine.

 4                 Thank you, Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you, Senator.

 7                 Senator Lanza on the resolution.

 8                 SENATOR LANZA:   Thank you, 

 9    Madam President.  

10                 First I want to thank Senate Leader 

11    Senator Andrea Stewart-Cousins for bringing this 

12    resolution to the floor.

13                 You all know, through the years, I'm 

14    not big on resolutions.  I rarely if ever speak.  

15    But in my opinion, if we could only do one 

16    resolution a session, it ought to be this one.

17                 Of Dr. Martin Luther King, I will 

18    simply say two things today.  First, I believe 

19    one of the biggest problems in the world today is 

20    that there are not enough people like Dr. Martin 

21    Luther King living in it.  

22                 And of all the lessons Dr. Martin 

23    Luther King left for us, there is one for me that 

24    stands apart, because it is as profound as 

25    anything that has ever been uttered by any human 


                                                               255

 1    being.  And it is when he said and tried to teach 

 2    us and continues to teach us that hate cannot 

 3    drive out hate, only love can do that.

 4                 If we all embrace that sentiment, if 

 5    we all accept that challenge, if we all model our 

 6    lives around that one thought, I can only imagine 

 7    the great things we can do together on behalf of 

 8    each other and everyone across this land and 

 9    around the world.

10                 Those words are as profound and as 

11    important and true today as they were when he 

12    said them, because it is an eternal truism.

13                 May God bless the life and the 

14    legacy of one of the greatest Americans of all 

15    time, Dr. Martin Luther King.

16                 ACTING PRESIDENT PERSAUD:   Thank 

17    you, Senator.

18                 The question is on the resolution.  

19                 All in favor signify by saying aye.

20                 (Response of "Aye.")

21                 ACTING PRESIDENT PERSAUD:   Opposed?  

22                 (No response.)

23                 ACTING PRESIDENT PERSAUD:   The 

24    resolution is adopted.

25                 Senator Gianaris.


                                                               256

 1                 SENATOR GIANARIS:   Thank you, 

 2    Madam President.  

 3                 Now let's move to Resolution 1706, 

 4    also by Leader Stewart-Cousins, read that 

 5    resolution in its entirety, and recognize the 

 6    Majority Leader.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Senate Resolution 

10    Number 1706, by Senator Stewart-Cousins, mourning 

11    the death of the Honorable Reginald A. LaFayette, 

12    renowned civic leader in Westchester County,  

13    distinguished citizen and devoted member of         

14    his community.  

15                 "WHEREAS, There are certain 

16    outstanding members of our community who, through 

17    their selfless commitment and dedication, have 

18    served to better the quality of life in our 

19    community and have had a measurable positive 

20    impact on the lives of its residents; the 

21    Honorable Reginald A. LaFayette was one such 

22    individual; and 

23                 "WHEREAS, It is with profound sorrow 

24    and deep regret that this Legislative Body 

25    records the passing of the Honorable Reginald 


                                                               257

 1    A. LaFayette, noting the significance of his 

 2    purposeful life and accomplishments; and 

 3                 "WHEREAS, The Honorable Reginald A. 

 4    LaFayette, a beloved member of the Mount Vernon, 

 5    New York community, died on Saturday, January 15, 

 6    2022, at the age of 69; and 

 7                 "WHEREAS, Born and raised in 

 8    Charleston, South Carolina, Reginald A. LaFayette 

 9    moved to Mount Vernon in 1972, where he quickly 

10    became an important and vital part of his 

11    community, serving in various capacities such as 

12    Deputy Comptroller, City Clerk, and New York 

13    State Committeeman, representing the 84th 

14    Assembly District; and 

15                 "WHEREAS, The Honorable Reginald A. 

16    LaFayette was a member of the United States 

17    Selective Service Board No. 104, Mount Vernon 

18    Postal Service Board, and served on the Board of 

19    Directors for both the Mount Vernon Day Care 

20    Center and the Westchester Opportunity Program; 

21    and 

22                 "WHEREAS,  This kind and 

23    compassionate, yet strong leader also held the 

24    title of executive vice president of the 

25    Mount Vernon Chapter of the NAACP, treasurer of 


                                                               258

 1    the Independent Citizen's League, and president 

 2    of the Mount Vernon Lion's Club; and 

 3                 "WHEREAS, In addition to his many 

 4    civic endeavors, the Honorable Reginald A. 

 5    LaFayette was an active member of the Greater  

 6    Centennial A.M.E. Zion Church, Progressive Lodge 

 7    No. 64, F&AM, Prince Hall Affiliation and Terrace 

 8    City Lodge No. 1499 I.B.P.O.E. of W.; and 

 9                 "WHEREAS, Throughout his illustrious 

10    career, spanning several decades, the Honorable 

11    Reginald A. LaFayette tirelessly worked to ensure 

12    people of color and women were elected at every 

13    level of government; and 

14                 "WHEREAS, For his steadfast and 

15    unremitting commitment to his community, the 

16    Honorable Reginald A. LaFayette was the recipient 

17    of numerous awards and accolades, including the 

18    2000 Martin Luther King Service Award, by the 

19    United Black Clergy of Westchester; and 

20                 "WHEREAS, The Honorable Reginald A. 

21    LaFayette's infinite selflessness and benevolence 

22    will shine on through his family's vivid and 

23    happy memories; his insight and strength will 

24    forever serve as a beacon of love, light and hope 

25    to the countless lives he touched; and 


                                                               259

 1                 "WHEREAS, Armed with a humanistic 

 2    spirit and imbued with a sense of compassion, the 

 3    Honorable Reginald A. LaFayette leaves behind  a  

 4    legacy which will long endure the passage of time 

 5    and will remain as a comforting memory to all who 

 6    were privileged to have known and loved such an 

 7    amazing man; he will be deeply missed, and truly 

 8    merits the grateful tribute of this Legislative 

 9    Body; now, therefore, be it 

10                 "RESOLVED, That this Legislative 

11    Body pause in its deliberations to mourn the  

12    death of the Honorable Reginald A. LaFayette, and 

13    to express its deepest condolences to his family; 

14    and be it further 

15                 "RESOLVED, That a copy of this  

16    resolution, suitably engrossed, be transmitted to 

17    the family of the Honorable Reginald A. 

18    LaFayette."

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Stewart-Cousins on the resolution.

21                 SENATOR STEWART-COUSINS:   Thank 

22    you, Madam President.

23                 I rise to pay tribute to my friend, 

24    a mentor, a confidant, Reginald A. LaFayette, who 

25    died too soon this past Saturday at the age of 


                                                               260

 1    69, leaving the entire Westchester community 

 2    shaken, really, to its core.  Because Reginald 

 3    LaFayette was someone who had always been there 

 4    and was somehow someone you'd expect to always be 

 5    there.

 6                 If there was, however, any day that 

 7    Reginald LaFayette would have wanted to die, it 

 8    would probably have been on the birthday of 

 9    Reverend Dr. Martin Luther King, Jr. 

10                 So it again is ironic that in that 

11    sense they shared that day, because many of us 

12    know -- and my colleagues who are here will speak 

13    for themselves about Reggie, but we know that he 

14    dedicated his life to access to voting.  He spent 

15    decades between being the county commissioner for 

16    elections in Westchester on the Democratic side, 

17    as well as being the county chair of the party.  

18                 It was all about empowering people, 

19    and very, very many people who looked like me, to 

20    aspire to positions that we would never have had 

21    access to prior, to reach judgeships and 

22    appointed positions and places of power behind 

23    the scenes -- and in the forefront -- with the 

24    understanding that this iconic man, Reginald 

25    LaFayette, was somehow always going to be there 


                                                               261

 1    as a resource, as a guide, sharing his witticism, 

 2    his wisdom, and the hard truth, frankly, that he 

 3    learned from being a Black man in historic 

 4    positions so much of his life.

 5                 I was talking to someone who was 

 6    close to him today, Tajian, who had been the 

 7    executive assistant working with Reginald for 

 8    about 18 years, and I was saying, What did he 

 9    teach you?  And one of the things she said is 

10    that -- and these are things we all know in these 

11    positions, but she said:  "He taught me that 

12    you're just never going to make everyone happy, 

13    so you do the best you can, you take a position, 

14    you stand by the position, and you just make sure 

15    that you give it your heart and soul.  Whether 

16    they like you or not, you are going to be able to 

17    live with yourself and rest in peace if you just 

18    follow your heart and your mind and you work hard 

19    to get things done."

20                 That's who my friend Reginald 

21    LaFayette was, and that is what he's left for us.

22                 We will be paying tribute 

23    throughout, I'm sure, the weeks to come.  But on 

24    this day, in this chamber, we really wanted to 

25    pause because he had such a tremendous impact, 


                                                               262

 1    not only on our county but on the state, with his 

 2    leadership and the role model that he was for us.  

 3                 So again, my condolences to his 

 4    children, his family, and all who will feel a 

 5    void because Reggie is gone.  But again, in the 

 6    spirit of Dr. King, we know what's important and 

 7    we know we must continue to struggle.  We're just 

 8    so happy that we had examples like Reginald to 

 9    follow.

10                 Thank you, Madam President.

11                 ACTING PRESIDENT PERSAUD:   Thank 

12    you, Senator.

13                 Senator Harckham on the resolution.

14                 SENATOR HARCKHAM:   Thank you, 

15    Madam President.  

16                 It's good to be back in the chamber 

17    for a new session, although it's sad to be 

18    speaking on this occasion on the passing of my 

19    friend Reginald LaFayette.

20                 I would like to thank our Majority 

21    Leader, Senator Andrea Stewart-Cousins, for 

22    bringing this resolution to the floor.  

23                 The Majority Leader really covered a 

24    lot about Reggie's life.  I called him Reggie, 

25    but I also called him "the chair," "Mr. Chair," 


                                                               263

 1    for 20 years.  I worked with Reggie for 20 years 

 2    both in his capacity as board of elections 

 3    commissioner -- you know, as the leader mentioned 

 4    how important voter integrity is.  We worked 

 5    together on HAVA issues and voting machines a 

 6    decade ago.  I worked with him in his role as the 

 7    chair of the party.  

 8                 And he had a stature about him.  And 

 9    that's why I referred to him always as "the 

10    chair," even though we knew each other for 

11    20 years, because he had a presence about him.  

12    Whether it was testifying before the board of 

13    legislators, whether it was in his conference 

14    room at the board of elections, or whether he was 

15    holding court at Mulino's, he always had command 

16    of the room.  

17                 And his emphasis on politics was 

18    because politics were the pathway to policy.  And 

19    I remember his emphasis so clearly.  When I first 

20    got involved with the Democratic Party at the 

21    county level in Westchester, he was a leading 

22    voice for diversifying judicial appointments and 

23    judicial nominations.  And he always said that 

24    with opportunity will come greatness.  And we 

25    just saw that as our body last week proudly voted 


                                                               264

 1    for Judge Troutman to the state's highest court.

 2                 So, you know, I will miss Reggie.  I 

 3    think we will all miss his influence.  You know, 

 4    he could be viewed as stubborn on occasion.  And 

 5    I don't think it's that he did not want to help; 

 6    it's that any fight that you were going to have 

 7    and you wanted Reggie with you, he had already 

 8    had, and so he wanted to spare you the agita of 

 9    getting your clock cleaned if there was a better 

10    way to achieve the goal that you were going to 

11    do.

12                 And that was Reggie's purpose.  And 

13    in the end, Reggie was always there with you when 

14    you needed an ally and when you needed a friend.  

15                 And so like everyone else, I will 

16    miss Reggie greatly, and my condolences go out to 

17    his family.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 Senator Mayer on the resolution.

22                 SENATOR MAYER:   Thank you, 

23    Madam President.  

24                 And thank you to our Majority 

25    Leader, Andrea Stewart-Cousins, for ensuring that 


                                                               265

 1    we get to speak about Reggie sooner rather than 

 2    later, because his death was a shock to all of 

 3    us.

 4                 But Reggie -- or, as my colleague 

 5    said, we called him "Mr. Chairman" or 

 6    "Commissioner" always in his presence -- was a 

 7    major player in the political and election life 

 8    of our county.  And for those of us in elected 

 9    office, he was a leader, a colleague, and a 

10    fierce advocate for our party.  He was chairman 

11    of the Westchester Democratic Committee for over 

12    15 years, and he led, as my colleagues have said, 

13    with principle, a strong sense of decorum, 

14    profound faith in our institutions, and a 

15    commitment to fairness and justice.

16                 From the time I first met him, more 

17    than 20 years ago, like my colleagues, he was 

18    determined to ensure our leaders -- and 

19    particularly our judges -- more fairly 

20    represented the diversity of our county.  He 

21    supported a wide group of diverse candidates with 

22    strong legal qualifications, commitment to our 

23    sense of justice but, most important, the ability 

24    to empathize, relate to and respect the litigants 

25    who appeared before them, particularly in our 


                                                               266

 1    city and town courts and in family court.  

 2                 He was not deterred by those who 

 3    resisted change in the makeup of the judiciary, 

 4    and they were powerful, nor by the adage "We 

 5    always did it this way."  He was determined to 

 6    make our elected leaders and courts reflect a 

 7    changing and diverse county, and he did it.  He 

 8    had a tough job, but he did it exceptionally 

 9    well, satisfying ambitious political egos while 

10    keeping a steady hand focused on principle, 

11    ethical standards, and opportunity.

12                 And in addition, as commissioner of 

13    the county board of elections during a time of 

14    major change in our election laws, as well as 

15    COVID-related changes, it was no secret he 

16    regarded many these changes as challenging, even 

17    as we here, his colleagues, adopted them.

18                 But he made it his business to make 

19    them work.  And as a result, voting turnout 

20    increased throughout Westchester in the past two 

21    years, with remarkably fewer glitches.  I recall 

22    pushing him, and my colleagues may remember, on 

23    early voting to ensure that we had more people to 

24    help the long lines that were there in the highly 

25    charged elections.  Reggie heard us, he worked 


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 1    with us, and he made it possible for hundreds if 

 2    not thousands of people to participate in early 

 3    voting.

 4                 In addition, to his credit, he was 

 5    an excellent colleague and fair-minded partner 

 6    with his Republican co-commissioner, and they had 

 7    a relationship built on mutual trust and 

 8    commitment to the fair execution of voting.  What 

 9    a welcome thing.

10                 At the heart of Commissioner 

11    LaFayette was a profound belief that our 

12    democratic system could lead to more equal 

13    justice and opportunity for all, but only if we 

14    pushed it to do so.  And he was willing to do 

15    unpopular things, as was said, to make it happen.  

16    He knew from his own experience it was imperative 

17    to have qualified people of color and women in 

18    positions of authority -- not just for the 

19    symbolism, not for the personal success, not 

20    taking away from that, but Reggie knew it was 

21    important for everyone in our community to 

22    actually view and experience diverse leadership 

23    in positions of power.  

24                 Through his work, we began to 

25    achieve that, as my colleagues have attested.  


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 1    His life ended too soon, but his impact in the 

 2    world of those on the ground in politics in our 

 3    county, as well as those deeply influenced by 

 4    him, will remain strong.  

 5                 To his family, his son and daughter, 

 6    friends and colleagues, our deepest condolences.  

 7    And his memory and his influence will stay with 

 8    us forever.

 9                 Thank you.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 Senator Bailey on the resolution.

13                 SENATOR BAILEY:   Thank you, 

14    Madam President.

15                 Thank you, Madam Leader, for 

16    introducing this resolution, as Senator Mayer 

17    said.  

18                 Quickly, I can tell you on Saturday 

19    there was a nonstop influx of calls and text 

20    messages from people not just in Mount Vernon, 

21    not just in Westchester, throughout the city, 

22    through upstate, who revered Reggie LaFayette.  

23    He was one of these one-name people.  If you said 

24    "Reggie" in Westchester County, we knew who you 

25    were talking about.  There was just one.


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 1                 He was a very fair, very 

 2    conscientious, and just a solid overall guy.  As 

 3    a Bronxite, when I first ran for -- for this 

 4    seat, it had been held by my predecessor, Ruth 

 5    Hassell-Thompson, who was from the City of 

 6    Mount Vernon.  And it was the first time in quite 

 7    some time that a Bronxite had held it, as opposed 

 8    to a Mount Vernonite.  

 9                 Not only did Reggie not hold that 

10    against me, he embraced me.  He told me the ins 

11    and outs of the city.  He told me some history in 

12    the city.  He explained to me what he had seen.  

13    And as Senator Harckham said, you know, he did 

14    not want history to repeat itself if it could all 

15    be avoided.

16                 Generous with his time, generous 

17    with his advice, but he was very generous in 

18    opening up a pathway for people of color, for 

19    younger black folks to run for office.  And I 

20    remember one particular time when Reggie got an 

21    award and he started rattling off an oral history 

22    of the county in -- from the days of David Ford 

23    on down.  And for someone who was not from 

24    Westchester County, but who proudly represents 

25    it, it was a master class.  It was hearing about 


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 1    the history that -- the soil that had been 

 2    tilled, so to speak, so that someone like me can 

 3    bloom.

 4                 So I'm eternally grateful for 

 5    Mr. Chairman.  And in my other capacity, he gave 

 6    me some advice about being a county chair as 

 7    well.

 8                 It was again, to what Madam Leader 

 9    said, you're not going to make everyone happy.  

10    But when you make a decision, make decisions with 

11    integrity and fairness and let the chips fall 

12    where they may.

13                 He was a great man, and he -- 

14    this -- this loss sent shock waves throughout the 

15    City of Mount Vernon.  My deepest condolences go 

16    out to his son and his daughter and his family, 

17    his loved ones, and to the four square miles of 

18    the city of Mount Vernon.  He loomed large in 

19    that city.  He was a legendary figure.  He will 

20    be missed incredibly.  

21                 May God bless the memory of 

22    Reggie LaFayette.

23                 Thank you, Madam President.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you, Senator.


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 1                 The question is on the resolution.  

 2                 All in favor signify by saying aye.

 3                 (Response of "Aye.")

 4                 ACTING PRESIDENT PERSAUD:   Opposed?  

 5                 (No response.)

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    resolution is adopted.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Thank you, 

10    Madam President.  

11                 At the request of the leader, these 

12    resolutions are open for cosponsorship.

13                 ACTING PRESIDENT PERSAUD:   The 

14    resolutions are open for cosponsorship.  Should 

15    you choose not to be a cosponsor of the 

16    resolutions, please notify the desk.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Is there any 

19    further business at the desk?

20                 ACTING PRESIDENT PERSAUD:   There is 

21    no further business at the desk.

22                 SENATOR GIANARIS:   Before we 

23    adjourn, let me ask you to call a reconvening of 

24    the Health Committee, virtually, immediately upon 

25    the adjournment of session.  


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 1                 And I now move to adjourn until 

 2    tomorrow, Thursday, January 20th, at 11:00 a.m.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Health Committee meeting will reconvene virtually 

 5    immediately following session.  

 6                 On motion, the Senate stands 

 7    adjourned until Thursday, January 20th, at 

 8    11:00 a.m.

 9                 (Whereupon, at 4:11 p.m., the Senate 

10    adjourned.)

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