Regular Session - January 29, 2020

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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 29, 2020

11                     11:20 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

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25  


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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   January 28, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, January 27, 

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

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                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:   Mr. President, 

 7   at this point can we begin by taking up the 

 8   reading of the calendar.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Secretary will read.

11                THE SECRETARY:  Calendar Number 181, 

12   Senate Print 4835, by Senator Carlucci, an act to 

13   amend the Mental Hygiene Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 55.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


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 1                THE SECRETARY:   Calendar Number 

 2   186, Senate Print 3412, by Senator Martinez, an 

 3   act to amend the Agriculture and Markets Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th day after it 

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 186, those Senators voting in the 

16   negative are Senators Akshar and Amedore.  

17                Ayes, 53.  Nays, 2.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   202, Senate Print 7310, by Senator Kennedy, an 

22   act to amend the Labor Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:  Section 2.  This act 


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 1   shall take effect on the same date and in the 

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

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 202, those Senators voting in the 

10   negative are Senators Akshar, Amedore, Borrello, 

11   Flanagan, Funke, Gallivan, Griffo, Helming, 

12   Jacobs, Jordan, Lanza, Ortt, Ritchie, Serino and 

13   Tedisco.  Also Senator O'Mara.  

14                Ayes, 39.  Nays, 16.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   205, Senate Print 7313, by Senator Skoufis, an 

19   act to amend the Election Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

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

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

25                ACTING PRESIDENT BENJAMIN:   Call 


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 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 205, voting in the negative:  

 7   Senator Akshar.  

 8                Ayes, 54.  Nays, 1.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   216, Senate Print 6199, by Senator Jackson, an 

13   act to amend the Private Housing Finance Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 55.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


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 1                THE SECRETARY:   Calendar Number 

 2   223, Senate Print 6153, by Senator SepĂșlveda, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:   

12   Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 223, those Senators voting in the 

15   negative are Senators Jacobs, Jordan, Ortt, 

16   O'Mara and Robach.  

17                Ayes, 50.  Nays, 5.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   225, Senate Print 4408, by Senator Gounardes, an 

22   act to amend the Real Property Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 225, those Senators voting in the 

10   negative are Senators Flanagan and Gallivan.  

11                Ayes, 53.  Nays, 2.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   227, Senate Print 5557A, by Senator 

16   Stewart-Cousins, an act to amend the Real 

17   Property Tax Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


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 1   Carlucci to explain his vote.

 2                SENATOR CARLUCCI:   Thank you, 

 3   Mr. President.

 4                I want to thank our Majority Leader, 

 5   Andrea Stewart-Cousins, for sponsoring this 

 6   important legislation.  

 7                Unfortunately, in Rockland and 

 8   Westchester Counties we pay some of the highest 

 9   property taxes not only in the state but in the 

10   nation, so this legislation is well overdue.  

11   It's time that we raised the income eligibility 

12   for our seniors and people living with 

13   disabilities to qualify for a property tax 

14   exemption.  I believe this will help thousands of 

15   New Yorkers throughout New York State to remain 

16   in their homes and live an independent, 

17   productive life.  

18                So I want to thank my colleagues for 

19   supporting this important legislation.  We must 

20   continue to fight these regressive taxes like 

21   property taxes, make them more progressive.  This 

22   is a way to do it.  I want to thank Majority 

23   Leader Andrea Stewart-Cousins and all my 

24   colleagues for supporting this legislation.

25                Thank you, Mr. President.


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 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Carlucci to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 55.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   228, Senate Print 3099, by Senator Addabbo, an 

 9   act to amend the Civil Service Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 228, voting in the negative:  

21   Senator Savino.

22                Ayes, 54.  Nays, 1.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


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 1   259, Senate Print 7236, by Senator Myrie, an act 

 2   to amend the Election Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 55.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                Senator Gianaris, that completes the 

16   reading of today's calendar.

17                SENATOR GIANARIS:   At this point 

18   can we return to motions and resolutions.  Please 

19   take up previously adopted Resolution 2689, by 

20   Senator Kavanagh, read that resolution's title 

21   only, and recognize Senator Kavanagh.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.  

24                THE SECRETARY:   Senate Resolution 

25   2689, by Senator Kavanagh, recognizing 


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 1   January 29, 2020, as Student Press Freedom Day.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Kavanagh on the resolution.

 4                SENATOR KAVANAGH:   Thank you, 

 5   Mr. President.

 6                This day is recognized nationally by 

 7   the Student Press Law Center and many legislative 

 8   bodies throughout the country as Student Press 

 9   Freedom Day.  It is part of a larger effort to 

10   secure the rights of student journalists across 

11   the country.  It's a national day when we 

12   celebrate the contributions of high school 

13   student journalists and also highlight the fact 

14   that under current law in many states, these 

15   journalists are subject to censorship.  

16                You know, we've all seen, in recent 

17   years particularly, an upsurge of activism and 

18   enthusiasm among students who are exercising 

19   their right to protest, exercising their right to 

20   have strong opinions and have their voices heard 

21   with respect to many issues that are before us in 

22   this chamber.

23                But unfortunately in a Supreme Court 

24   case in 1988 called Hazelwood, the decision was 

25   that these journalists are permitted to be 


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 1   censored by their schools.  So while they may 

 2   have the right to wear armbands and do other 

 3   things to express themselves during the 

 4   school day, ironically the students who the 

 5   school chooses and who choose to be 

 6   journalists are subject to censorship.

 7                So again, we understand the growing 

 8   importance of good, independent journalism.  We 

 9   understand that in our high schools we have the 

10   students who we hope will be leading the 

11   journalistic profession in the long run, and it 

12   is important that we acknowledge that they have 

13   the right to express themselves as journalists in 

14   a responsible way while they're learning the 

15   craft.  

16                So I appreciate the opportunity to 

17   speak on this resolution, and the resolution is 

18   open to sponsorship by anyone who wants to join 

19   us.

20                ACTING PRESIDENT BENJAMIN:   The 

21   resolution was previously adopted on 

22   January 28th.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Mr. President, 

25   as you heard, Senator Kavanagh would like to open 


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 1   that resolution for cosponsorship.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolution is open for cosponsorship.  Should you 

 4   choose not to be a cosponsor of the resolution, 

 5   please notify the desk.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Mr. President, 

 8   on behalf of the Majority Leader, there are 

 9   handups related to Majority Conference membership 

10   changes, as well as handups related to Minority 

11   membership changes, in consultation with Minority 

12   Leader Flanagan.  I ask that both be filed in the 

13   Journal.

14                ACTING PRESIDENT BENJAMIN:   The 

15   handups are received and will be filed in the 

16   Journal.

17                SENATOR GIANARIS:   Is there any 

18   further business at the desk?

19                ACTING PRESIDENT BENJAMIN:   There 

20   is no further business at the desk.

21                SENATOR GIANARIS:   I move to 

22   adjourn until Monday, February 3rd, at 3:00 p.m., 

23   intervening days being legislative days.

24                ACTING PRESIDENT BENJAMIN:   On 

25   motion, the Senate stands adjourned until Monday, 


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 1   February 3rd, at 3:00 p.m., intervening days 

 2   being legislative days.  

 3                (Whereupon, at 11:29 a.m., the 

 4   Senate adjourned.) 

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