Regular Session - January 21, 2025
206
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 January 21, 2025
11 3:20 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
207
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 to please rise and
5 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: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 January 20, 2025, the Senate met pursuant to
17 adjournment. The Journal of Friday, January 17,
18 2025, was read and approved. On motion, the
19 Senate 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.
208
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Good afternoon,
7 Madam President.
8 There's a privileged resolution at
9 the desk by Leader Stewart-Cousins. Please take
10 it up, read it in its entirety, and call on our
11 Majority Leader to speak on the resolution.
12 ACTING PRESIDENT PERSAUD: There's
13 a privileged resolution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution 250, by Senator Stewart-Cousins,
17 commemorating the observance of the 40th Annual
18 Luther King, Jr., Day in the State of New York,
19 on January 20, 2025.
20 "WHEREAS, From time to time we take
21 note of certain individuals whom we wish to
22 recognize for their valued contributions and to
23 publicly acknowledge their endeavors which have
24 enhanced the basic humanity among us all; and
25 "WHEREAS, Attendant to such concern,
209
1 and in full accord with its long-standing
2 traditions, it is the custom of this Legislative
3 Body to join the people of this great
4 Empire State in proudly observing the 40th Annual
5 Martin Luther King, Jr. Day in the State of
6 New York, on January 20, 2025, taking note of his
7 many accomplishments and contributions to
8 mankind; and
9 "WHEREAS, Dr. Martin Luther King,
10 Jr., was born the grandson of a slave into a
11 segregated society in Atlanta, Georgia, on
12 January 15, 1929, and was instrumental in
13 formulating a policy which ultimately destroyed
14 legal apartheid across the United States; and
15 "WHEREAS, In February of 1968,
16 Dr. Martin Luther King, Jr., spoke about the
17 inevitability of his death and hoped that when we
18 spoke of his life, we would not concentrate on
19 his academic achievements: That he graduated
20 from Morehouse College, that he attended the
21 Crozer Theological Seminary and Boston
22 University, where he earned a doctorate in
23 systematic theology; and
24 "WHEREAS, After returning from
25 Crozer, Dr. Martin Luther King, Jr., delivered
210
1 his first sermon at Ebenezer Baptist Church in
2 Atlanta and became the church's co-pastor with
3 his father; and
4 "WHEREAS, Dr. Martin Luther King,
5 Jr., a truly humble man, also did not find it
6 important that we mention that he won the
7 Nobel Peace Prize and over 300 other awards; and
8 "WHEREAS, Dr. Martin Luther King,
9 Jr.'s finest legacy of greater social justice for
10 all Americans was truly reflected in his devotion
11 to serve and respect others, and in his steadfast
12 love for all humanity; and
13 "WHEREAS, Standing in a long line of
14 great American Black leaders, Dr. Martin Luther
15 King, Jr., represents the historical culmination
16 and the living embodiment of a spirit of united
17 purpose rooted in Black African culture and the
18 American dream; and
19 "WHEREAS, An apostle of peace,
20 Dr. Martin Luther King, Jr., fought unrelentingly
21 for the civil rights of all Americans and taught
22 us that, through nonviolence, courage displaces
23 fear, love transforms hate, acceptance dissipates
24 prejudice, and mutual regard cancels enmity; and
25 "WHEREAS, Dr. Martin Luther King,
211
1 Jr., manifestly contributed to the cause of
2 America's freedom, and his commitment to human
3 dignity is visibly mirrored in the spiritual,
4 economic and political dimensions of the civil
5 rights movement; and
6 "WHEREAS, In addition, Dr. Martin
7 Luther King, Jr.'s life was devoted to the
8 liberation of his people and his courage
9 transcended the advocates of mindless
10 retrenchment; and
11 "WHEREAS, During this momentous
12 social movement, Dr. Martin Luther King, Jr., was
13 assassinated on April 4, 1968; despite this
14 immense loss, the legacy of Dr. Martin Luther
15 King, Jr., continues to endure decades later,
16 inspiring ongoing movements for racial justice
17 and equality; Dr. King's legacy and his dream
18 continue to be a guiding light for generations,
19 reminding us that an 'injustice anywhere is a
20 threat to justice everywhere'; and
21 "WHEREAS, It is the sense of this
22 Legislative Body that the common and shared
23 responsibility of governance demands an
24 irrevocable commitment to the preservation and
25 enhancement of human dignity as exemplified by
212
1 Dr. Martin Luther King, Jr.; and
2 "WHEREAS, Upon the occasion of the
3 celebration of the birthday of Dr. Martin Luther
4 King, Jr., it is the practice of this Legislative
5 Body to commemorate the heroic efforts of
6 Dr. King, who loved and served humanity, and who
7 was a drum major for peace, justice and
8 righteousness; and
9 "WHEREAS, The 2025 Dr. Martin Luther
10 King, Jr., holiday observance marks the
11 96th anniversary of his birth, and the
12 40th annual holiday celebrated in the State of
13 New York in his honor; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to memorialize
16 and pay tribute to the legendary life and
17 achievements of Dr. Martin Luther King, Jr., upon
18 the occasion of the anniversary of his birth and
19 the celebration of Martin Luther King, Jr., Day
20 in the State of New York and throughout the
21 nation; and be it further
22 "RESOLVED, That a copy of this
23 resolution, suitably engrossed, be transmitted to
24 the Black, Puerto Rican, Hispanic and Asian
25 Legislative Caucus."
213
1 ACTING PRESIDENT PERSAUD: Leader
2 Stewart-Cousins on the resolution.
3 SENATOR STEWART-COUSINS: Thank you
4 so much, Madam President.
5 I always love to speak on this
6 resolution because it's the beginning of our
7 year. And for me, it's kind of a touchstone.
8 It's a re-identifying why what we do here is so
9 important, and understanding that there are a lot
10 of different ways to achieve what we as a nation
11 want to achieve.
12 But as Dr. King demonstrated time
13 and time again, you do it with collaboration, you
14 do it with respect, you do it with, ultimately,
15 love.
16 This holiday is a holiday also of
17 enduring hope. One of the principles that
18 Dr. Martin Luther King, Jr., put into practice
19 throughout his life is the belief that the true
20 character of a person is revealed not during easy
21 times, not during times of comfort and
22 convenience, but during times of challenge and
23 controversy -- such a time as this.
24 That's why we lean on these words
25 during times of unrest and political
214
1 polarization, that we could continue to hold on
2 to our deeply held beliefs for equality and for
3 justice. And, yes, for peace.
4 Even the fight to recognize
5 Dr. Martin Luther King, Jr. Day serves as an
6 important reminder that change never comes easily
7 and that even progress is contested. It took
8 more than a decade after his death, and we all
9 remember -- I know so many members will speak of,
10 you know, the realities of what happened during
11 Dr. King's life, where he was certainly demonized
12 and not heralded as someone who was iconic and
13 ultimately a figure that we all quote and try to
14 emulate, most of us, today.
15 But a decade after his death in
16 1968, it took that long for people to appreciate
17 his life, for him to be recognized. And then it
18 took until the year 2000 for all 50 states to
19 actually celebrate MLK Day together.
20 And although we've made tremendous
21 gains in the fight that Dr. King championed, we
22 must also remember that immortal saying: The
23 past is never dead; it isn't even past.
24 So as we honor his life, we continue
25 to reckon, here in this chamber and beyond, with
215
1 the systemic hardships and deeply rooted
2 injustices that still impact Americans throughout
3 our state and our nation. I mean, yesterday we
4 saw, just after the inauguration, sweeping orders
5 that threaten to tear away decades of progress
6 and acceptance in this nation -- even nullify
7 parts of the Constitution.
8 I'd like to end by sharing a
9 powerful quote that Dr. Martin Luther King, Jr.,
10 spoke, and it really -- I was asked to give a
11 quote for a montage that they were doing, and
12 this was the one I chose because it has so much
13 to do with the work that we do in this chamber.
14 He said: "It may be true that the
15 law cannot change the heart, but it can restrain
16 the heartless. It may be true that the law can't
17 make a man love me, but it can restrain him from
18 lynching me, and I think that's pretty important
19 also. So while the law may not change the hearts
20 of men, it does change the habits of men. And
21 when you change the habits of men, pretty soon
22 the attitudes and the hearts will be changed."
23 In this chamber I hope we'll remain
24 committed -- we certainly will -- to advancing
25 legislation that helps every individual gain a
216
1 foot on the ladder while recognizing and undoing
2 policies which kept their feet off the ladder in
3 the first place. We'll model grace and integrity
4 from our positions, and bear in mind that the
5 good fight is a difficult one.
6 You know, I think that there's so
7 much that we can offer the nation in terms of our
8 understanding of not only Kingian philosophy but
9 finding ways in order to create the kind of world
10 that that Dr. King envisioned. He wasn't a
11 dreamer, as you know; he was an actor, he was a
12 doer. And yes, he was a visionary.
13 And I will conclude by saying I had
14 real hope when my 3-year-old grandson, who is
15 learning about all kinds of things, but certainly
16 his teachers took the time to talk about Dr. King
17 and to teach a little song. And when he came
18 home, he asked his mother, like, Why -- why --
19 why can't -- why can't we be friendly? Why --
20 why -- why was he hurt? And having those kinds
21 of conversations with a 3-year-old can be
22 difficult, but sometimes I think we would all do
23 well if we had that innocence of a 3-year-old,
24 asked ourselves those questions, and really
25 modeled the correct answer.
217
1 Happy Dr. King Day. And let's not
2 visit it once a year. Let's visit it all the
3 time, because I think now we need it more than
4 ever.
5 Thank you, Madam President.
6 ACTING PRESIDENT PERSAUD: Thank
7 you, Madam Leader.
8 Senator Cooney on the resolution.
9 SENATOR COONEY: Thank you,
10 Madam President.
11 And thank you to our leader,
12 Andrea Stewart-Cousins, for bringing this
13 important resolution honoring Dr. King to the
14 floor.
15 As the chair of Transportation, I
16 would be remiss not to mention the ways Dr. King
17 used public transit as a great equalizer to bring
18 equity across our nation. Dr. King once said:
19 "Public transportation -- buses, subways, trains
20 and more -- are a genuine civil rights issue."
21 He went on to say: "If
22 transportation systems in American cities could
23 be laid out so to provide an opportunity for poor
24 people to get meaningful employment, then they
25 could begin to move into the mainstream of
218
1 American life."
2 More importantly, Dr. King put those
3 words into action, leading the Montgomery,
4 Alabama, bus boycott in 1955 following the arrest
5 of Rosa Parks.
6 Dr. King recognized that equity in
7 the way of how we get from Point A to Point B
8 would lead to equity in other aspects of our
9 community. It is a fight that we must continue
10 today. Marginalized and underrepresented
11 communities are less likely to own a car,
12 creating barriers to employment, new employment
13 opportunities that are coming across our state
14 today.
15 And only by following the legacy of
16 Dr. King and bringing equity to public transit
17 can we continue to uplift all communities across
18 our great state.
19 Thank you, Madam President.
20 ACTING PRESIDENT PERSAUD: Thank
21 you, Senator.
22 Senator Bailey on the resolution.
23 SENATOR BAILEY: Thank you,
24 Madam President.
25 It's always an auspicious occasion
219
1 to be able to speak on this resolution. As I've
2 said time and time again, it is the anniversary
3 of the first time that I spoke on the floor of
4 the Senate. It was via this resolution. And I
5 think about what I said -- you know, at the time
6 I only had daughters, so I said: "Waiting for
7 the Lord to rise/I look into my daughter's
8 eyes/and realize that I'ma learn through her/the
9 Messiah, might even return through her/if I'ma do
10 it, I gotta change the world through her."
11 But now I have a nine-month-old son.
12 So now I think about that on this King Day, where
13 he would have been 96, and I think about the
14 father-son relationship and the relationship that
15 Dr. King had with his father, and the
16 relationship that Dr. King had with his children.
17 And as we heard in the "Letter from
18 a Birmingham Jail": "when you suddenly find your
19 tongue twisted and your speech stammering as you
20 seek to explain to your six-year-old daughter why
21 she can't go to the public amusement park that
22 has just been advertised on television, and see
23 tears welling up in her eyes when she is told
24 that Funtown is closed to colored children, and
25 see ominous clouds of inferiority beginning to
220
1 form in her little mental sky, and see her
2 beginning to distort her personality by
3 developing an unconscious bitterness toward white
4 people; when you have to concoct an answer for a
5 five-year-old son who is asking, 'Daddy, why do
6 white people treat colored people so mean?'; when
7 you take a cross-county drive and find it
8 necessary to sleep night after night in the
9 uncomfortable corners of your automobile because
10 no motel will accept you."
11 There's more. And there's a line
12 that always sticks out to me, Madam President:
13 "When you are harried by day and haunted by
14 night." What does this -- what does this -- what
15 does that mean, you know. And so he was
16 balancing that juxtaposition between great civil
17 rights leader, preacher -- don't forget he was a
18 preacher first -- and father. That juxtaposition
19 in American history is not something that we
20 should take lightly.
21 Because while he's making these
22 speeches, while we make these speeches, we go
23 home and have to explain to our own children,
24 Well, what did this mean? What does this mean?
25 And how does it mean it for the future?
221
1 So I'm glad that our leader time and
2 time again sponsors this resolution because it's
3 so important, and why she talked -- how she
4 talked about her 3-year-old grandson. My
5 10-year-old now -- Madam President, I can't
6 believe I'm saying my 10-year-old -- is writing
7 for the school paper, and she's writing about
8 Dr. King and writing about what it means. And my
9 8-year-old is talking about how he's a drum major
10 for justice.
11 And my nine-month-old, I think -- I
12 don't know exactly what he's saying, but I think,
13 I think he's talking about having a dream. That
14 one day Similac will be free -- just kidding.
15 (Laughter.)
16 SENATOR BAILEY: But I think about
17 that juxtaposition between fatherhood in this
18 world. I think about that "harried by day,
19 haunted by night," and what it must have been
20 like for Dr. King -- who, again, was a man of 39
21 when he was assassinated. So he lived multiple
22 lives in 39 years. He got more out of those
23 39 years than many people get out of twice that,
24 Madam President.
25 And so I think about like all of the
222
1 goodness that he brought to this world. And I
2 think about the people who quote him --
3 yesterday, when they go to churches and they go
4 to things and they say the things -- and the very
5 next day, the day after that, they do things
6 directly in opposition with what Dr. King would
7 have wanted you to do.
8 I think this is a clarion call for
9 us to, as the leader said, espouse more to what
10 Dr. King was saying day by day, as opposed to
11 just picking that third Monday in January.
12 As I close, I had the opportunity to
13 be in Madison Square Garden yesterday as they
14 celebrated MLK Day at the Garden. And Walt
15 "Clyde" Frazier said something. He said, "You
16 know, it's easy for us as athletes, as
17 entertainers, but you realize how important
18 Dr. King's mission was when you try to catch a
19 cab at midnight in New York City. Because at
20 that point you're not Clyde, you're not a famous
21 person, you're just a Black man in America."
22 And it's never been easy to be a
23 Black man in America, to be a Black woman in
24 America, to be a Black child in America. But
25 people like Dr. King give us hope. They give us
223
1 that unwavering hope, that unrelenting hope, that
2 hope that you can't buy, that hope you can only
3 have if you understand that struggle and that he
4 did so much for us.
5 So as we leave Dr. King Day and we
6 head -- transition nicely into Black History
7 Month, I'd like to remind you of all the freedom
8 fighters that Dr. King worked with. Lift them up
9 as well on this day, because none of us do it
10 alone.
11 But on his 96th birthday, we say
12 Happy Birthday, Dr. King. And if you've ever
13 sung "Happy Birthday" the way that we sing it,
14 you know who that was for: Dr. King.
15 May he rest in peace. Happy King
16 Day.
17 ACTING PRESIDENT PERSAUD: Thank
18 you, Senator.
19 Senator Sanders on the resolution.
20 SENATOR SANDERS: Thank you,
21 Madam President.
22 I want to thank our leader for
23 coming up with this resolution year after year.
24 It's a great thing.
25 And I also want to thank you for
224
1 working with your grandchild. Because just as
2 you have to be taught to hate, you have to be
3 taught to love. And that means that we have to
4 dedicate ourselves towards that.
5 Dr. King, of course, would have been
6 96 years old had he lived. So many years have
7 passed since that time. May I remind you that
8 New York of course is the Empire State, and we
9 think of these things as happening in the South.
10 Terrible things, but that was the South.
11 May I remind all of us that Dr. King
12 was stabbed in New York, that he almost was
13 killed in New York earlier. They say it was a --
14 I think two inches more and it would have
15 penetrated his heart. That was -- that was not
16 down south, that was up south. That was
17 New York.
18 We -- some people say that south
19 stops at the Canadian border. Well, there I go
20 thinking again.
21 But I think that it's time to
22 reaffirm the things that we say and do, that we
23 need to reaffirm. And this is one of the reasons
24 why I am so grateful to our leader, having made
25 me chair of Banking since you started that -- you
225
1 started that.
2 I remind you that banking was the
3 last crusade of Dr. King, the Poor People's
4 Crusade, the one that he died for, the one that
5 spoke of the bank of justice being perhaps
6 bankrupt. And we all have a chance and an
7 opportunity right here. We don't have to look to
8 years gone by. We can look to what we're going
9 to do today and tomorrow to reaffirm these
10 things. We don't have to say if I was there, I
11 wouldn't do -- you are here. We are doing or can
12 change. It's what we do now that counts, I would
13 argue.
14 So we're all going to go to our
15 committees and do some great work for the people
16 of New York, and I encourage us to take this
17 sentiment further, to say, you know, let's do
18 something that will bring and make sure that
19 America is America for everyone. Let's make sure
20 that we make sure that the gates are open to
21 anyone who works hard, gets up early, goes to bed
22 late, pays their taxes, works -- they have the
23 same opportunity of anyone else.
24 I'm glad I'm in this group. I'm
25 glad that I'm with such people on both sides that
226
1 I believe have a means and the will to do the
2 right thing. We can argue what that is, but I'm
3 glad that I'm with a group on both sides that
4 really want to do the right thing. But now we
5 need to go beyond wanting to do and actually
6 doing it.
7 Thank you for the resolution.
8 Thank you for the time.
9 ACTING PRESIDENT PERSAUD: Thank
10 you, Senator.
11 Senator Lanza on the resolution.
12 SENATOR LANZA: Thank you,
13 Madam President.
14 For those of you who have served
15 with me through the years, I want to let those of
16 you know who are new that you won't see me speak
17 on resolutions during session. I don't have
18 anything against them; I just don't do it.
19 Now, before you breathe a sigh of
20 relief, you're going to get tired of me speaking
21 about a whole list of other things.
22 (Laughter.)
23 SENATOR LANZA: Senator Gianaris
24 said -- Senator Gianaris, if you didn't hear him,
25 said "This is true."
227
1 But I do rise each year for this
2 resolution. And again, I want to thank, from the
3 bottom of my heart, and on behalf of the people I
4 represent back home, the Majority Leader, Senator
5 Andrea Stewart-Cousins, for bringing this
6 resolution. Because I think it is the most
7 powerful resolution that will be brought to this
8 floor this year because of what it can mean and
9 what it can teach our children. And really, at
10 the end of the day, that's one of our greatest
11 responsibilities, to teach our children right.
12 Now, Dr. King, for me, and I think
13 for all of us, was one of the most remarkable and
14 one of the greatest of all Americans. And that's
15 saying a lot, Madam President, about the greatest
16 country on earth, to say that one of its sons is
17 one of the greatest of all.
18 Dr. King addressed the worst of who
19 we are by appealing to the best of what we are
20 and what we must be.
21 And before I go further, I want to
22 associate myself with my great colleagues who
23 have already spoke and the words that you brought
24 to the floor.
25 Whenever you're lost, the most
228
1 important thing you can have in life is someone
2 to show you the way, to give you a map. And for
3 me and for this country, I firmly believe that is
4 why God gave us Dr. Martin Luther King, to show
5 us the way.
6 And he did. He pointed to that
7 mountaintop, he gave us the path, and he said,
8 You need to climb that mountain, the place on
9 earth where freedom will ring for every last
10 soul.
11 I don't know if or when we're going
12 to get there, Majority Leader, but we must keep
13 trying. Dr. Martin Luther King showed us how we
14 will get there. He taught us that the road to
15 that mountaintop was paved, as the Majority
16 Leader said, with love. We forget that from time
17 to time, day to day, but we've always got to come
18 back to it.
19 And I'll end by saying and repeating
20 my favorite thing that he taught us, that only
21 love and light can conquer hate and darkness. I
22 defy anyone, any one of us, to give better advice
23 about how to live.
24 Majority Leader, thank you.
25 Madam President, thank you.
229
1 ACTING PRESIDENT PERSAUD: Thank
2 you, Senator.
3 Senator Ramos on the resolution.
4 SENATOR RAMOS: Thank you,
5 Madam President.
6 I rise because Dr. King did not just
7 inspire and bring hope to Black people. He did
8 so to all people of color. I like to use this
9 occasion to remind folks that I wouldn't be here
10 if it wasn't for Dr. King and his efforts in
11 making the Voting Rights Act a reality in 1965.
12 Because not only did that protect the right to
13 vote for Black people, it finally allowed Latino
14 people and Asian people to be able to vote in
15 this country.
16 And at a time when our birthright
17 citizenship is being challenged, especially for
18 those of us who are children of formerly
19 undocumented and currently undocumented people,
20 it's important to recognize the history of so
21 many Americans who have been denied their
22 citizenship and their humanity by this country.
23 And it was the Reverend Dr. Martin
24 Luther King who, through the Voting Rights Act,
25 really transformed the trajectory of this
230
1 country. And that no matter who comes across the
2 presidency of our country, we have to uphold
3 those constitutional human rights that we hold so
4 dear as Americans. Because to me, to uphold the
5 legacy of Dr. Martin Luther King is about
6 understanding the need for affirmative action,
7 for DEI, and for helping people of color overcome
8 poverty so that we're fighting the war on poverty
9 and not fighting against the poor.
10 That is, to me, Dr. Martin Luther
11 King -- someone who was not well liked and was so
12 controversial at his time, but who understood
13 that all labor has dignity, all labor has
14 importance, and that there is value in what the
15 labor movement has been able to do as the true
16 progressive movement of this state and of this
17 country. It has allowed people to unite behind
18 the efforts to be able to provide for themselves
19 and for their families.
20 And so I'm just so thankful to the
21 leader for bringing this resolution to the floor
22 once again and giving us this opportunity to set
23 the tone for the rest of session, and to
24 understand where we're legislating from and who
25 we're legislating for.
231
1 I'm very proud to come -- to be born
2 and raised in a district, to come from a district
3 that actually had Dr. Martin Luther King as a
4 very young intern at First Baptist Church in East
5 Elmhurst, Queens, for a summer. It's a legacy
6 that we hold dear. And it's a legacy that we
7 must all continue as we serve here in the
8 New York State Senate.
9 Thank you, Madam President.
10 ACTING PRESIDENT PERSAUD: Thank
11 you.
12 Senator Parker on the resolution.
13 SENATOR PARKER: Thank you,
14 Madam President.
15 Let me first add my voice to those
16 who are thanking the leader for her intrepid acts
17 of making sure that this exemplar, not just in
18 African-American history but in American history,
19 is acknowledged.
20 This is actually the only holiday in
21 America in which it's designated for a single
22 person. And I think that's worth acknowledging.
23 And those of us who are full-grown adults -- and
24 I shudder at the thought that I'm in that number
25 now, but it beats the alternative -- remember
232
1 that this battle wasn't that long ago. And it
2 was hotly contested. But the side of right won.
3 And I think that that is -- that
4 fight within itself was a battle that represented
5 what King was about. Right? Which was making
6 sure that you were on the right side of things
7 and seeing it through to the end. Right? King
8 reminds us that the arc of justice is long but --
9 the arc of righteousness is long but it bends
10 towards justice. Right?
11 And so it's important for us to kind
12 of be in that long-term fight. Right? Jamaal,
13 the Bible reminds us that weeping may endure for
14 a night -- or four years -- but joy comes in the
15 morning. Right?
16 And that is the importance of the
17 hope that King dealt with us. Right? In a
18 moment in which -- it was a bleak time. At a
19 time -- and I don't think that -- I've said this
20 a number of times, that if you understand what
21 was happening in the South in the 1950s that the
22 things that King did actually could have gotten
23 him killed. And eventually did. And the fact
24 that it didn't get him killed sooner was really
25 the miracle. Right? That getting arrested in
233
1 the South fighting against white supremacy was
2 not something -- like in this moment we're kind
3 of used to -- we have the King legacy to look at.
4 But there was really no King before King.
5 Now, there were other civil rights
6 leaders, don't get me wrong. Right? Including,
7 you know, Medgar Evers, right, and Meredith, and
8 other folks who were also murdered during that
9 time. Right? Ida B. Wells, right, who really
10 got ran out of Tennessee, right, for just
11 literally reporting on the notion of lynching.
12 Right?
13 And so the King legacy sits on
14 shoulders. But to the level that he took it,
15 right -- like other people played basketball
16 before Jordan, but Jordan is still Jordan.
17 Right?
18 And so here we celebrate a man that
19 really put his own personal safety and the safety
20 of his family in order to make sure that he
21 fought for the rights of people. And yes,
22 primarily African-Americans. But as you heard
23 Senator Ramos say, it extended beyond other
24 people. The civil rights movement we understand
25 was a fight around particularly
234
1 African-Americans. Right? But Latinos benefited
2 from it. Asian people benefited from it. Women
3 benefited from it. Gay and lesbian communities
4 benefited from it. Right? Poor people generally
5 benefited from it. Right?
6 And part of what King's argument was
7 that these are American citizens. And in this
8 moment there was in fact promises made by the
9 government. Right? Our Constitution tells us
10 that all of us are created equal and that we are
11 entitled to certain inalienable rights. Right?
12 Which means you can't be separated from them. I
13 didn't go to law school. I know somebody will
14 correct me if I'm wrong. Right? That these
15 things come along with you. That when you reach
16 here, that these things are connected with you.
17 And so though there's lot of aspects
18 to the King movement -- you all talk about the "I
19 Have a Dream" speech, right? And in that speech
20 the main thing wasn't really about the dream.
21 The dream was actually a -- was actually a side
22 hustle in the conversation, if you actually read
23 the speech. Right? He says that they're coming
24 to D.C. -- why? Because there's a check that is
25 cashed insufficient for justice.
235
1 And we must make sure that we
2 continue to seek justice in that name. That in
3 this chamber and in our lives, that we continue
4 to move forward in this notion of justice. And
5 understanding that if we read the King legacy
6 correctly, that that fight for justice and that
7 march forward to make sure that that check is
8 actually cashed sufficient is not going to make
9 you popular.
10 Because as much as we celebrate King
11 now and everybody wants to quote King, that in
12 the moment -- and again, to go back to
13 Senator Bailey's speech and he refers to the
14 letter from the Birmingham jail. That letter
15 actually isn't to his enemies. It's actually a
16 letter to his allies and his friends and people
17 around him while he's in jail. Right? When you
18 go back and you actually read what people are
19 saying about him, if you read articles about
20 Dr. King, most of them are not favorable at the
21 time, in the moment.
22 And it really took the sacrifice of
23 his love and his blood to in fact -- to move his
24 ideology forward and the notions that he brought
25 forward in those times.
236
1 And so here I use this day,
2 similarly to the leader, of a day to recommit
3 ourselves to the ideals of King, of his life and
4 his legacy. Of always fighting for justice. Of
5 standing up even when you're afraid. Courage is
6 not the lack of fear. It is acting even in the
7 face of fear. And many of us have to find
8 that -- in fact, all of us, especially me -- that
9 the ideas of King and standing forward and
10 addressing things that you know are important are
11 critically, critically part of who we should be
12 as leaders.
13 And certainly finding ways to
14 disrupt the system such that things can move
15 forward when they're not going forward, in a
16 nonviolent way, is part of that. And as you
17 know, I'm still working on that part of it. It's
18 an incarceration objective, if you will. But an
19 important ideology nevertheless.
20 And so I thank you again,
21 Madam Leader, for this moment and allowing us to
22 honor this man in this moment. But I also wanted
23 to thank my colleagues for always trying, even
24 though we don't always agree, that this becomes a
25 body in which we have more times than not fought
237
1 for the justice of the people of our community
2 and of our great state. And that in this moment
3 may we all recommit ourselves to the values of
4 King of justice, of peace, of love, and of
5 equality.
6 Thank you, Madam President.
7 ACTING PRESIDENT PERSAUD: Thank
8 you.
9 The question is on the resolution.
10 All in favor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT PERSAUD: Opposed,
13 nay.
14 (No response.)
15 ACTING PRESIDENT PERSAUD: The
16 resolution is adopted.
17 Senator Gianaris.
18 SENATOR GIANARIS: Madam President,
19 the leader would like to open this resolution for
20 cosponsorship.
21 ACTING PRESIDENT PERSAUD: The
22 resolution is open for cosponsorship. Should you
23 choose not to be a cosponsor of the resolution,
24 please notify the desk.
25 Senator Gianaris.
238
1 SENATOR GIANARIS: There will be an
2 immediate meeting of the Rules Committee in
3 Room 332.
4 ACTING PRESIDENT PERSAUD: There
5 will be an immediate meeting of the
6 Rules Committee in Room 332.
7 SENATOR GIANARIS: The Senate
8 stands at ease.
9 ACTING PRESIDENT PERSAUD: The
10 Senate stands at ease.
11 (Whereupon, the Senate stood at ease
12 at 3:58 p.m.)
13 (Whereupon, the Senate reconvened at
14 4:06 p.m.)
15 ACTING PRESIDENT PERSAUD: The
16 Senate will return to order.
17 Senator Gianaris.
18 SENATOR GIANARIS: There's a report
19 of the Rules Committee at the desk.
20 Let's take that up now, please.
21 ACTING PRESIDENT PERSAUD: The
22 Secretary will read.
23 ACTING PRESIDENT PERSAUD: Senator
24 Stewart-Cousins, from the Committee on Rules,
25 reports the following bills:
239
1 Senate Print 36A, by Senator Mayer,
2 an act to amend the Education Law;
3 Senate Print 135, by Senator Cleare,
4 an act to amend the Public Health Law;
5 Senate Print 929, by
6 Senator Krueger, an act to amend the
7 General Business Law;
8 Senate Print 1438, by
9 Senator Krueger, an act to amend the
10 Public Health Law;
11 Senate Print 1548, by
12 Senator Fernandez, an act to amend the
13 General Business Law;
14 Senate Print 1683, by
15 Senator Parker, an act to amend the
16 Public Health Law;
17 Senate Print 1703, by Senator Webb,
18 an act to amend the Education Law;
19 Senate Print 1720, by
20 Senator Persaud, an act to amend the
21 Public Health Law;
22 Senate Print 1773, by Senator Webb,
23 an act to amend the State Finance Law.
24 All bills reported direct to third
25 reading.
240
1 SENATOR GIANARIS: Move to accept
2 the report of the Rules Committee.
3 ACTING PRESIDENT PERSAUD: All
4 those in favor of accepting the Rules Committee
5 report signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT PERSAUD: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT PERSAUD: The
11 Rules Committee report is accepted.
12 Senator Gianaris.
13 SENATOR GIANARIS: Please take up
14 the supplemental calendar.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number 99,
18 Senate Print 36A, by Senator Mayer, an act to
19 amend the Education Law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Senator
24 Mayer to explain her vote.
25 SENATOR MAYER: Thank you,
241
1 Madam President.
2 I proudly vote aye in favor of this
3 legislation to strengthen New York's telehealth
4 shield law.
5 Since the Supreme Court's disastrous
6 decision to revoke the constitutional right to an
7 abortion in Dobbs in June 2022, medication
8 abortion has become a lifeline for many
9 individuals seeking care in hostile states. We
10 responded to this reality by passing legislation
11 in 2023 to protect providers based in New York
12 State who treat patients via telehealth.
13 Thanks to that law, doctors in
14 New York State have been able to send thousands
15 of abortion pills each month to women who might
16 not otherwise be able to access safe abortion
17 care. In fact, as of June 2024, an estimated one
18 in 10 abortions nationwide are administered
19 through pills prescribed via telehealth to
20 patients in states with an abortion ban.
21 The doctors who are doing this work
22 are taking on significant personal risk to help
23 women access abortion. The risks are no longer
24 abstract. States across the U.S. have embraced
25 fringe and dangerous attacks on abortion and are
242
1 seeking to enforce these rules outside their
2 borders.
3 Today, this legislation will
4 strengthen our shield law and provide another
5 layer of protection for licensed New York
6 providers by allowing them to request that their
7 practice name instead of their personal name be
8 included on the label for the drugs used in
9 medication abortion, mifepristone and
10 misoprostol.
11 I'm proud to vote aye. I encourage
12 my colleagues to do the same. And I'm glad that
13 New York can be a leader in the fight to protect
14 abortion rights.
15 Thank you.
16 ACTING PRESIDENT PERSAUD: Senator
17 Mayer to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 99, those Senators voting in the
21 negative are Senators Ashby, Borrello,
22 Canzoneri-Fitzpatrick, Felder, Gallivan, Helming,
23 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
24 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
25 and Weik.
243
1 Ayes, 40. Nays, 19.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 100, Senate Print 135, by Senator Cleare, an act
6 to amend the Public Health Law.
7 ACTING PRESIDENT PERSAUD: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT PERSAUD: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT PERSAUD: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 100, those Senators voting in the
18 negative are Senators Ashby, Borrello,
19 Canzoneri-Fitzpatrick, Felder, Gallivan, Helming,
20 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
21 Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber
22 and Weik.
23 Ayes, 40. Nays 19.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
244
1 THE SECRETARY: Calendar Number
2 101, Senate Print 929, by Senator Krueger, an act
3 to amend the General Business Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect one year after it shall
8 have become a law.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Senator
13 Krueger to explain her vote.
14 SENATOR KRUEGER: Thank you very
15 much, Madam President.
16 This bill should matter to all of
17 us. There's so little privacy left in our world.
18 And the fact that computers have expanded
19 everyone's ability to get our information can be
20 pretty terrifying.
21 What this bill does, it expands a
22 right that we think we have. We think we know
23 about this thing called HIPAA, where our
24 information about our confidential health
25 information can't be sold or distributed.
245
1 But that's not true, because HIPAA
2 only covers information used in a hospital
3 setting or a doctor's office setting. And there
4 are endless examples of where private companies
5 get our health data, sell our health data, and we
6 find that we have no confidentiality.
7 So we use an example. Christopher
8 orders erectile dysfunction medication from a
9 telehealth-only practice that does not accept
10 health insurance and is not covered by HIPAA. By
11 the way, I see those commercials every day on TV
12 now. It's amazing how many people are selling
13 this. And apparently people want it and need it.
14 But they don't necessarily want everyone in the
15 world knowing that they're buying erectile
16 dysfunction medication.
17 But without this bill, that means
18 those companies not only know who you are, but
19 they're selling that information to other
20 companies who might want to sell you other things
21 they think relate to erectile dysfunction
22 medication such as sex toys and techniques to
23 increase sexual pleasure.
24 And so the whole concept that
25 everyone is allowed to get this information from
246
1 you, whoever you are, whether it's health issues
2 or mental health issues or things you might think
3 very personal and no one else's business, is
4 allowed freely right now.
5 And so this bill will protect our
6 right to have to opt in to sharing that
7 information with every company that uses a
8 computer in the world. And I think it makes
9 sense, and I'm hoping everyone also does. So I'm
10 looking for yes votes.
11 Thank you, Madam President.
12 ACTING PRESIDENT PERSAUD: Senator
13 Krueger to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 101, those Senators voting in the
17 negative are Senators Borrello, Mattera, Murray,
18 Oberacker, O'Mara, Ortt, Palumbo, Walczyk, Weber
19 and Weik.
20 Ayes, 49. Nays, 10.
21 ACTING PRESIDENT PERSAUD: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 102, Senate Print 1438, by Senator Krueger, an
25 act to amend the Public Health Law.
247
1 ACTING PRESIDENT PERSAUD: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of April.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Senator
9 Krueger to explain her vote.
10 SENATOR KRUEGER: Thank you,
11 Madam President.
12 We just heard an amazing resolution
13 in respect for and remembrance of Dr. Martin
14 Luther King. I want to point out
15 that Dr. Martin Luther King was also an
16 extraordinary advocate for women's rights to
17 equal treatment, to privacy, to healthcare, and
18 to the right to abortion. And I'm very proud
19 that here in New York State we are following
20 Dr. King's lessons on so many levels, including
21 on having abortion rights under our laws.
22 But a law is only good if you still
23 have access to use that law. And unfortunately,
24 in New York State we find ourselves in a
25 situation where we don't have enough doctors and
248
1 other medical personnel who are, under license
2 and scope of practice, allowed to perform
3 abortion and other related treatments to women in
4 pregnancy, because we don't have adequate
5 training centers for them.
6 We do have training in OB-GYN
7 residencies, but they don't have the space to
8 train family physicians, general practice
9 doctors, nurse practitioners, physician's
10 assistants -- all of whom are licensed under our
11 law to provide these services.
12 And so we find ourselves with
13 deserts for reproductive healthcare for women
14 throughout the state, not just in rural New York
15 but even in New York City in underserved
16 communities.
17 So this legislation would allow the
18 State of New York to create up to four community
19 training centers to make sure that our healthcare
20 professionals can get the skills that they tell
21 us they need to provide the services that we have
22 the right to under the law, but if we can't get
23 the services it's like we don't have the right at
24 all.
25 So I'm asking people to vote yes.
249
1 Thank you, Madam President.
2 ACTING PRESIDENT PERSAUD:
3 Senator Krueger to be recorded in the
4 affirmative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 102, those Senators voting in the
8 negative are Senators Ashby, Borrello,
9 Canzoneri-Fitzpatrick, Felder, Gallivan, Helming,
10 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
11 Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber
12 and Weik.
13 Ayes, 40. Nays, 19.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 103, Senate Print 1548, by Senator Fernandez, an
18 act to amend the General Business Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect 12 months after it shall
23 have become a law.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
250
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Senator
3 Fernandez to explain her vote.
4 SENATOR FERNANDEZ: Thank you,
5 Madam President.
6 And thank you to this body for
7 bringing this bill to the floor once again.
8 This bill would address the
9 chemicals that are used in our menstrual
10 products. Please consider that an individual --
11 usually your loved one, your spouse, your
12 daughter, your friend, your neighbor -- uses up
13 to 16,000 pieces -- 16,000 menstrual products in
14 their lifetime. And many don't know that a lot
15 of these products, if you don't look at the
16 label, contain a lot of the same chemicals, such
17 as PFAS, mercury, formaldehyde, and lead. These
18 chemicals are found in deadly toxins and
19 materials like cigarettes.
20 So it is on us to make sure that we
21 are only producing safe products, especially
22 those most intimate, to all New Yorkers and
23 consumers, so we do not cause risk to
24 reproductive health or general health.
25 So thank you so much. I vote aye
251
1 and encourage everyone to vote aye again.
2 And thank you, Madam Speaker.
3 ACTING PRESIDENT PERSAUD: Senator
4 Fernandez to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 104, Senate Print 1683, by Senator Parker, an act
11 to amend the Public Health Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 120th day after it
16 shall have become a law.
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: In relation to
23 Calendar 104, those Senators voting in the
24 negative are Senators Ashby, Borrello,
25 Canzoneri-Fitzpatrick, Felder, Gallivan, Helming,
252
1 Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt,
2 Rhoads, Stec, Tedisco, Walczyk and Weik.
3 Senator Canzoneri-Fitzpatrick,
4 pardon me, in the affirmative.
5 Ayes, 43. Nays, 16.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 105, Senate Print 1703, by Senator Webb, an act
10 to amend the Education Law.
11 ACTING PRESIDENT PERSAUD: Read the
12 last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect one year after it shall
15 have become a law.
16 ACTING PRESIDENT PERSAUD: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT PERSAUD: Senator
20 Sepúlveda to explain his vote.
21 SENATOR SEPÚLVEDA: Thank you,
22 Madam President, for allowing me to speak on this
23 bill.
24 You know, a few years ago I had a
25 relative of mine, a first cousin who was raised
253
1 with me -- it's more like a sister -- who was
2 diagnosed with breast cancer. And she was
3 fortunate enough to have insurance, but we've had
4 other relatives and friends who weren't so
5 fortunate. And unfortunately one of them,
6 particularly, passed away.
7 And so to me it's unconscionable
8 that we can enter into contracts if our insurance
9 providers or these contractors do not provide
10 this kind of service.
11 So I want to thank Senator Webb for
12 this bill on behalf of myself, my cousin, and my
13 family, because I think it's going to help many,
14 many women in the state.
15 Thank you.
16 ACTING PRESIDENT PERSAUD: Senator
17 Sepúlveda to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 105, those Senators voting in the
21 negative are Senators Borrello,
22 Canzoneri-Fitzpatrick, Gallivan, Lanza, Mattera,
23 Murray, Oberacker, Ortt, Stec and Walczyk.
24 Ayes, 49. Nays, 10.
25 ACTING PRESIDENT PERSAUD: The bill
254
1 is passed.
2 THE SECRETARY: Calendar Number
3 106, Senate Print 1720, by Senator Persaud, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 60th day after it
9 shall have become a law.
10 ACTING PRESIDENT PERSAUD: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT PERSAUD: Announce
14 the results.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 107, Senate Print 1773, by Senator Webb, an act
20 to amend the State Finance Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
255
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 Senator Gianaris, that completes the
10 reading of today's supplemental calendar.
11 SENATOR GIANARIS: On behalf of
12 Majority Leader Stewart-Cousins, I hand up the
13 following conference and committee assignments of
14 the Majority Conference and ask that it be placed
15 in the Journal.
16 ACTING PRESIDENT PERSAUD: The
17 handup is received and shall be filed in the
18 Journal.
19 SENATOR GIANARIS: On behalf of
20 Majority Leader Stewart-Cousins, in consultation
21 with Senator Ortt, I hand up the following
22 committee assignments of the Minority Conference
23 and ask that it also be filed in the Journal.
24 ACTING PRESIDENT PERSAUD: The
25 handup is received and will be filed in the
256
1 Journal.
2 SENATOR GIANARIS: Is there any
3 further business at the desk?
4 ACTING PRESIDENT PERSAUD: There is
5 no further business at the desk.
6 SENATOR GIANARIS: Move to adjourn
7 until tomorrow, Wednesday, January 22nd, at
8 11:00 a.m.
9 ACTING PRESIDENT PERSAUD: On
10 motion, the Senate stands adjourned until
11 Wednesday, January 22nd, at 11:00 a.m.
12 (Whereupon, at 4:21 p.m., the Senate
13 adjourned.)
14
15
16
17
18
19
20
21
22
23
24
25