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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 January 20, 2021
11 10:59 a.m.
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13
14 REGULAR SESSION
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18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: 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 BAILEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 But I would like to bring us a brief
12 preamble from the Book of Matthew, Chapter 5,
13 Verse 9, on this august Inauguration Day:
14 "Blessed are the peacemakers, for they will be
15 called the children of God."
16 (Whereupon, the assemblage respected
17 a moment of silence.)
18 ACTING PRESIDENT BAILEY: The
19 reading of the Journal.
20 THE SECRETARY: In Senate, Tuesday,
21 January 19, 2021, the Senate met pursuant to
22 adjournment. The Journal of Sunday, January 17,
23 2021, was read and approved. On motion, Senate
24 adjourned.
25 ACTING PRESIDENT BAILEY: Without
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1 objection, the Journal stands approved as read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 The Secretary will read.
5 THE SECRETARY: Senator Gaughran
6 moves to discharge, from the Committee on Rules,
7 Assembly Bill Number A968 and substitute it for
8 the identical Senate Bill 864, Third Reading
9 Calendar 17.
10 ACTING PRESIDENT BAILEY: The
11 substitution is so ordered.
12 THE SECRETARY: Senator Skoufis
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number A965 and substitute it for
15 the identical Senate Bill 868, Third Reading
16 Calendar 21.
17 ACTING PRESIDENT BAILEY: The
18 substitution is so ordered.
19 THE SECRETARY: Senator Biaggi
20 moves to discharge, from the Committee on Rules,
21 Assembly Bill Number 962 and substitute it for
22 the identical Senate Bill 883, Third Reading
23 Calendar 36.
24 ACTING PRESIDENT BAILEY: The
25 substitution is so ordered.
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1 THE SECRETARY: Senator Comrie
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 959 and substitute it for
4 the identical Senate Bill 894, Third Reading
5 Calendar 47.
6 ACTING PRESIDENT BAILEY: The
7 substitution is so ordered.
8 THE SECRETARY: Senator Comrie
9 moves to discharge, from the Committee on Rules,
10 Assembly Bill Number 969 and substitute it for
11 the identical Senate Bill 896, Third Reading
12 Calendar 49.
13 ACTING PRESIDENT BAILEY: The
14 substitution is so ordered.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 Senator Gianaris.
22 SENATOR GIANARIS: Thank you,
23 Mr. President. I move to adopt the
24 Resolution Calendar, with the exception of
25 Resolutions 102 and 140.
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1 ACTING PRESIDENT BAILEY: All in
2 favor of adopting the Resolution Calendar, with
3 the exception of Resolutions 102 and 140, please
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT BAILEY: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT BAILEY: The
10 Resolution Calendar is adopted.
11 Senator Gianaris.
12 SENATOR GIANARIS: Can we now begin
13 by taking up previously adopted Resolution 129,
14 by Leader Stewart-Cousins, read that resolution
15 in its entirety, and recognize the Leader on the
16 resolution.
17 ACTING PRESIDENT BAILEY: The
18 Secretary will read.
19 THE SECRETARY: Senate Resolution
20 129, by Senator Stewart-Cousins, commemorating
21 the observance of the 36th Annual Martin Luther
22 King, Jr. Day in the State of New York, on
23 January 18, 2021.
24 "WHEREAS, From time to time we take
25 note of certain individuals whom we wish to
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1 recognize for their valued contributions and to
2 publicly acknowledge their endeavors which have
3 enhanced the basic humanity among us all; and
4 "WHEREAS, Attendant to such concern,
5 and in full accord with its long-standing
6 traditions, it is the custom of this
7 Legislative Body to join the people of this great
8 Empire State in proudly observing the 36th Annual
9 Martin Luther King, Jr. Day in the State of
10 New York, on January 18, 2021, taking note of his
11 many accomplishments and contributions to
12 mankind; and
13 "WHEREAS, Dr. Martin Luther King,
14 Jr., was born the grandson of a slave into a
15 segregated society in Atlanta, Georgia, on
16 January 15, 1929, and was instrumental in
17 formulating a policy which ultimately destroyed
18 legal apartheid in the southern states of our
19 nation; and
20 "WHEREAS, In February of 1968,
21 Dr. Martin Luther King, Jr., spoke about the
22 inevitability of his death and hoped that when we
23 spoke of his life, we would not concentrate on
24 his academic achievements -- that he graduated
25 from Morehouse College, that he attended the
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1 Crozer Theological Seminary and Boston
2 University, where he earned a doctorate in
3 Systematic Theology; and
4 "WHEREAS, Furthermore, Dr. Martin
5 Luther King, Jr., did not find it important that
6 we mention that he won the Nobel Peace Prize and
7 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,
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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, It is the sense of this
12 Legislative Body that the common and shared
13 responsibility of governance demands an
14 irrevocable commitment to the preservation and
15 enhancement of human dignity as exemplified by
16 Dr. Martin Luther King, Jr.; and
17 "WHEREAS, Upon the occasion of the
18 celebration of the birthday of Dr. Martin Luther
19 King, Jr., it is the practice of this Legislative
20 Body to commemorate the heroic efforts of
21 Dr. King, who loved and served humanity, and who
22 was a drum major for peace, justice and
23 righteousness; and
24 "WHEREAS, The 2021 Dr. Martin Luther
25 King, Jr., holiday observance marks the
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1 92nd anniversary of his birth and the 36th annual
2 holiday celebrated in the State of New York in
3 his honor; now, therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to memorialize
6 and pay tribute to the legendary life and
7 achievements of Dr. Martin Luther King, Jr., upon
8 the occasion of the anniversary of his birth and
9 the celebration of Martin Luther King, Jr., Day
10 in the State of New York and throughout the
11 nation; and be it further
12 "RESOLVED, That a copy of this
13 resolution, suitably engrossed, be transmitted
14 to the Black, Puerto Rican, Hispanic and Asian
15 Legislative Caucus."
16 ACTING PRESIDENT BAILEY: Majority
17 Leader Andrea Stewart-Cousins on the resolution.
18 SENATOR STEWART-COUSINS: Thank you
19 so much, Mr. President. And thank you for your
20 biblical reading, because indeed Dr. King was a
21 peacemaker.
22 Today is always special for me. I
23 think about Dr. King's birthday celebration as
24 the start of a new year, a new beginning, a time
25 for hope and a time for promise. And it's
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1 especially meaningful this year when we need so
2 much hope and so much promise.
3 And you know what, that hope and
4 promise was here, at least on the horizon.
5 November 3rd we had an amazing election. We had
6 an election that would begin restoring the soul
7 of this country, a country that Dr. King
8 envisioned, one filled with hope and promise for
9 all. Not one that protected a few and persecuted
10 the rest. Not one that ripped children from
11 their mother's arms while seemingly condoning
12 bigotry and hatred, sometimes in the name of
13 patriotism.
14 In November the majority of people
15 stood up and said they voted for hope and promise
16 for a United States of America, and we took that
17 step. We elected Joe Biden and made history with
18 Kamala Harris, the first woman, first Black and
19 South Asian woman to hold that position.
20 And on January 5th we had another
21 election. Again, hope and promise showed up,
22 this time in Georgia: John Ossoff, a mentee of
23 the late Congressman John Lewis, a Jewish young
24 man elected to the United States Senate; and
25 Reverend Dr. Raphael Warnock, a reverend who
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1 holds Dr. King's pulpit at the historic Ebenezer
2 Baptist Church -- a historic win.
3 Just think about it. A preacher who
4 stands behind the pulpit that Dr. King stood
5 behind, a preacher whose mother was a
6 sharecropper, is going to the United States
7 Senate. Hope and promise indeed.
8 Yet the next day, everything seemed
9 to crash down -- Confederate flags, Nazi imagery,
10 nooses, gallows, crosses that were set to burn
11 paraded through the Capitol, our Capitol. A
12 hateful and bigoted mob, in many ways, tried to
13 snatch away hope and promise, the hope and
14 promise that was born of free and fair elections.
15 The kind of elections that Dr. King fought so
16 hard for, the kind of elections that he fought
17 for when Bloody Sunday happened. The kind of
18 elections that said that African-Americans, as
19 citizens, were supposed to and must be part of.
20 And sadly, that was kind of what
21 January 6th was about, overturning the elections,
22 challenging the votes of African-Americans across
23 this country.
24 Over 55 years ago, Dr. King stood
25 strong in the face of the hate and terror of
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1 yesterday, to give us the hope and the promise of
2 today. He marched across that bridge, and
3 bridges all over this country, on that brutal
4 Bloody Sunday and everywhere else. And
5 ultimately he gave his life, all for hope and
6 promise.
7 And on this past weekend we
8 celebrated Dr. King's legacy and we were
9 reminded, probably more profoundly than ever,
10 that there will always be powerful voices,
11 pushback, and even terror against hope and
12 promise. November 3rd, hope. January 5th,
13 promise. And yes, January 6th, terror.
14 But even so, that's why we draw on
15 the memory of Dr. King: The power and the
16 strength and the courage of his vision, the
17 courage against seemingly insurmountable odds.
18 We need to use that to hold on to hope for the
19 promise of America and the belief in its ideals.
20 On this Inauguration Day, let us
21 remember what Dr. King said: We must accept
22 finite disappointment but never lose infinite
23 hope. Because of Dr. King's legacy and those
24 whose shoulders we stand on, we have hope.
25 Finally, I want to end by saying God
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1 bless Joe Biden, God bless Kamala Harris, God
2 bless New York State, and God bless the United
3 States of America.
4 Thank you.
5 ACTING PRESIDENT BAILEY: Senator
6 Benjamin on the resolution.
7 SENATOR BENJAMIN: Thank you,
8 Mr. President.
9 I want to thank our Majority Leader
10 for bringing this resolution to the floor.
11 And I wanted to couch my comments in
12 a different angle. You know, many times when we
13 think about the legacy of Dr. Martin Luther King,
14 Jr., and we think about what he has accomplished,
15 we think about all the great things that he had
16 done. And they are numerous. He was a drum
17 major for peace, the effective leader of the
18 nonviolent movement, someone who was able to
19 transform the United States of America without a
20 title besides "Reverend." He was not a
21 politician, he was not a president, he wasn't a
22 governor, he wasn't a mayor, he wasn't a local
23 city council member, he wasn't a state senator or
24 a state assemblymember. He was a citizen who
25 thought that his people deserved freedom.
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1 And I think it's incredible to think
2 about him in that light, but I also think it's
3 important that we think about some of the people
4 around him who helped make him possible.
5 And I just want to bring your
6 attention to September 20, 1958, when Martin
7 Luther King, Jr., was in Harlem celebrating --
8 doing a book signing of his book Stride Toward
9 Freedom, which was a memoir about the year-long
10 Montgomery Bus Boycott. It was at that time that
11 the 29-year-old preacher was met with a woman who
12 was mentally ill, who stabbed him. She came to
13 him and said, "Are you Dr. Martin Luther King,
14 Jr.?" He said yes. And then she plunged a
15 seven-inch penknife into his chest.
16 I can't imagine that moment where
17 you are literally watching this happen as a
18 bystander. But I think it's important to note
19 what Dr. King said in that moment. In that
20 moment, while he was conscious and blood was
21 streaming out of his shirt, he said: "That's all
22 right, everything is going to be all right."
23 And the -- he was taken to Harlem
24 Hospital, my birthplace. He was taken to Harlem
25 Hospital, where there were two surgeons who were
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1 summoned to come help him. Fortunately for
2 Dr. King and for us as a people, Harlem Hospital
3 was one of the places that you went to in this
4 country if you were dealing with stab victims,
5 stabbing victims and thoracic surgery, because
6 there was a lot of that taking place in the area.
7 So the two surgeons who came, one
8 was at the Waldorf Astoria, the son of Italian
9 immigrants, Dr. Emil Naclerio; and the other was
10 a thoracic surgeon who was African-American, he
11 was the official physician of the Tuskegee
12 Airmen, actually served in one of the first
13 open-heart surgeries in France before coming to
14 the Harlem Hospital.
15 Those two men, over the course of a
16 few hours, were able to remove two of his ribs to
17 take this penknife out. And the thing that is so
18 incredible is that they said if he had only
19 sneezed, he would have died, because of the
20 location of the penknife and its proximity to his
21 airway.
22 Now, listen, I'm not a thoracic
23 surgeon and I don't know anything about that, but
24 I do know about sneezing. And I know in the
25 course of a couple of hours, if my life is on the
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1 line, I might sneeze, I might be startled. But
2 Dr. King wasn't. And because of that, his life
3 was saved.
4 But the thing that is so
5 incredible -- and I've got to read this for all
6 of you -- was in the middle of this, a few days
7 later, he wanted to comment on the woman who was
8 mentally ill who almost killed him. And he
9 said -- I want to read this, because this is just
10 incredible that he said this. He said, and I
11 quote: "I feel no ill will toward Mrs. Curry" --
12 that was her name -- "and know that thoughtful
13 people will do all in their power to see that she
14 gets the help she apparently needs if she is to
15 become a free and constructive member of
16 society."
17 He then went on to issue a similar
18 statement when he got home, saying that "A
19 disorganized personality need not become a menace
20 to any man," and he hopes that she gets the help
21 that she needs.
22 It turns out at the same time that
23 she stabbed him, she had a pistol in her bra.
24 And it was fortunate that those who were there at
25 the moment, the bystanders and others, they
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1 restrained her, kept him calm -- there were so
2 many people who were part of this moment to keep
3 him alive.
4 And if they hadn't done so,
5 Mr. President, we would not have had the "I Have
6 A Dream" speech that many of us know him for. We
7 wouldn't have had some of the most incredible
8 actions he did towards the Civil Rights Act, the
9 Selma and the Montgomery March, so many things --
10 the Nobel Peace Prize. All of that was able to
11 be accomplished because before he got any of
12 those accolades and did any of those things, he
13 was already ready. And people loved him and they
14 supported him.
15 And I just want to do a shameless
16 plug for Harlem Hospital that helped keep him
17 alive, in my district. I have to go home, so I
18 want to make sure that Harlem Hospital knows that
19 I gave them an adequate shout-out.
20 But I just want to say a great man,
21 obviously, in so many ways. But in this time of
22 crisis where his life was on the line, he behaved
23 in the way that I'd hope that I would behave.
24 And so I want to honor him on this day, and I
25 want to thank our Majority Leader for bringing
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1 this resolution to the floor.
2 Thank you, Mr. President.
3 ACTING PRESIDENT BAILEY:
4 Senator Sanders on the resolution.
5 SENATOR SANDERS: Mr. President,
6 it's good to see you.
7 I want to thank our Majority Leader,
8 I want to thank her for bringing this great
9 resolution to the floor.
10 We have heard the dynamic words of
11 Senator Benjamin, and he gave an incredible
12 history. And I too would like to say a few words
13 about one of my heroes, the Reverend Dr. Martin
14 Luther King, Jr.
15 Now, it is true that as a historian
16 I pride myself in sticking with what's true,
17 sticking with the facts of a case. It is true
18 that if you really look, you'll see a flawed
19 person here. You'll see a human being. You'll
20 see a person who is not an angel in every sense
21 of the word.
22 But I am reminded, I am reminded
23 that God often uses the imperfect to do His
24 perfect will. That He does not seek out the
25 perfect people to do it, He seeks out people who
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1 are willing and available. And in that period,
2 that is what is needed. And Martin Luther King,
3 the Reverend Doctor, raised himself and did
4 incredible things.
5 Now, many people misunderstand his
6 message, misunderstanding -- in this day and age
7 you're hearing gross misunderstandings of his
8 message. When we speak of today's events, the
9 significance of Martin Luther King to today's
10 events, we hear people jump up and say, Well,
11 Martin Luther King, Jr., would have wanted the
12 reconciliation of the nation, that reconciliation
13 right now is the most important thing that we
14 need in our democracy. That yes, something
15 terrible happened on January 6th, but we all need
16 to leave that alone and just go on to wherever
17 people go on when they leave things alone.
18 They misunderstand Martin Luther
19 King's message, I would say, that he's -- he
20 doesn't -- reconciliation does not mean that you
21 get rid of justice. In fact, indeed, you can't
22 have reconciliation without justice.
23 One of the things that we notice
24 about Martin Luther King, the Reverend Doctor, in
25 the Civil Rights Movement, they took on laws that
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1 they felt were unjust, but they also took the
2 consequences of those laws. They did not say,
3 well, I've been called by a higher power,
4 whatever the power is, and we should not have
5 any -- any -- anything should happen to us based
6 on that. They took the position that yes, these
7 are the laws of the land -- these are unjust
8 laws, but these are the laws of the land. And
9 therefore, we will -- if this is a crime in this
10 society, we will suffer the consequences because
11 we are dealing with it.
12 Perhaps an analogy to medicine would
13 be useful. If you find yourself with an injury,
14 you may not like the antiseptic that is used: It
15 stings, it hurts. You may not want it, but you
16 cannot have the healing of that injury without
17 the antiseptic that goes along with it. And I
18 would suggest to you that today's society, we
19 need the antiseptic.
20 To the seditionists of January 6th,
21 they failed to realize a society -- the arc of
22 justice that we're talking about, that Martin
23 Luther King talked of, is moving forward. And no
24 matter how much dynamite you may wish to bring,
25 no matter how many nooses and days of the noose
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1 that you may plan, we are not going back. We're
2 going forward.
3 My last point is, what did King
4 actually die for? The point of impact, if you
5 wish. He was fighting for economic justice, my
6 friends. Economic justice. He was fighting for
7 it for the lowest of the low, in society's terms,
8 those people who didn't even have a union:
9 Sanitation workers. Garbagemen, as they were
10 called many years ago. Sanitation workers, who
11 were in pitiful shape in Memphis. They had no
12 place -- when it rained, they had to sleep in the
13 garbage area of the truck itself. That was the
14 only place that they could get out of the rain.
15 He put his life on the line for
16 that. We in the New York State Senate must
17 remember these things with our budget. It is we
18 who are tasked to remember the least among us.
19 I conclude with a statement that I
20 believe is useful for us to remember by the
21 Reverend Dr. Martin Luther King, Jr. And he
22 taught us that injustice anywhere is a threat to
23 justice everywhere.
24 God bless our new president and new
25 administration. God bless the State of New York.
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1 And most of all, God bless America.
2 Thank you very much, Mr. President.
3 ACTING PRESIDENT BAILEY: Senator
4 Weik on the resolution.
5 SENATOR WEIK: Thank you,
6 Mr. President.
7 Today our conference is honoring the
8 life and legacy of one of the greatest Americans
9 in our proud history, Dr. Martin Luther King, Jr.
10 Dr. King was a true child of the American dream.
11 From his humble beginnings as the son of a pastor
12 in Georgia to his famous "I Have A Dream" speech
13 on the steps of the Lincoln Memorial, his life
14 embodied the greatness of this country.
15 Dr. King is a hero to all Americans
16 because of his determination to make us better
17 against all odds. His quest for equal rights was
18 one of love and nonviolence, despite being
19 confronted with hatred and unrelenting
20 resistance. He gave everything, including his
21 life, for that quest.
22 And in doing so, he set an example
23 of perseverance for all of us. "If you can't
24 fly, then run. If you can't run, then walk. If
25 you can't walk, then crawl. But whatever you do,
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1 you have to keep moving forward."
2 Those were Dr. King's words from his
3 April 1960 address at Spelman College. They
4 continue to inspire today.
5 We as a nation and a state must keep
6 moving forward. Our nation this past year has
7 experienced difficult times. A pandemic has
8 ravaged our communities. However, like Dr. King,
9 we must remember we have to keep moving forward.
10 Never give up.
11 As elected officials, we need to
12 work together to better our communities, our
13 state, and our nation. As we honor Martin Luther
14 King today, let us remember his voice so his
15 legacy may live forever.
16 God bless all of you, and God bless
17 America. Thank you.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Lanza on the resolution.
20 SENATOR LANZA: Mr. President,
21 first I want to thank the sponsor of this
22 resolution, Majority Leader Andrea
23 Stewart-Cousins.
24 You know, I'm not big, as you all
25 know during my tenure here, with respect to
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1 speaking on resolutions -- or, I'm ashamed to
2 say, even listening to comments concerning
3 resolutions. But this is a day that I enjoy
4 every single year. I truly enjoy listening to
5 the remarks of my colleagues -- yourself,
6 Senator Benjamin, and my other colleagues. And I
7 know, if not for this pandemic, that this room
8 would be filled and we would hear from more of
9 our colleagues on this important resolution.
10 You know, I think it's important and
11 it is good that we hear from politicians and
12 pundits and, yes, from children all across
13 America who continue to speak and learn about the
14 great Dr. Martin Luther King. But you know, it
15 seems to me that there's something in human
16 nature that requires that when we see greatness,
17 that we grab it and we try to take it as our own
18 and focus and channel it, sometimes even for our
19 own purposes.
20 For myself, I'll never try to put
21 words in the mouth of a man who had an incredible
22 ability and genius to use words to move
23 mountains. That's what Dr. Martin Luther King --
24 that's what he did. For me, I'll simply say that
25 in the storied history of the greatest of all
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1 republics, the United States of America, he was
2 one of the greatest and is one of the greatest
3 Americans of all time.
4 Don't take my words for it. The
5 other advantage we have is that Dr. Martin Luther
6 King lived and worked not a thousand years ago,
7 but not too long ago in the age of technology.
8 And so I encourage all New Yorkers, all
9 Americans, don't take the words of anyone else,
10 you can Google his speeches, what he did, what he
11 said, how he did it. Many of his works have been
12 captured on film.
13 And I encourage you -- I do it
14 frequently -- Google some of his speeches, Google
15 his work, and don't take it from anybody else.
16 Watch and listen for yourself.
17 We have that -- we're blessed in
18 that regard, that we can see what he did for
19 ourselves today, and children as well can do
20 that. And if you do that, you'll know what we
21 all know here, that we're blessed, that this
22 country was blessed to have as one of its
23 citizens Dr. Martin Luther King.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: Senator
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1 Bailey on the resolution.
2 SENATOR BAILEY: Thank you,
3 Mr. President.
4 I first want to thank Majority
5 Leader Andrea Stewart-Cousins for sponsoring --
6 not only sponsoring this resolution, but driving
7 home an important message. And when you are
8 speaking on such a resolution -- and I always
9 take great pride in speaking on this resolution,
10 Mr. President, as you know, because it reflects a
11 personal anniversary of sorts. It is when I
12 first spoke on the floor as a member, as a new
13 member of the New York State Senate. And I spoke
14 on this resolution.
15 And Senator Lanza is very consistent
16 in what he says, and he's said it every year, and
17 he's right about it. This is one of these
18 resolutions that it doesn't matter where you are,
19 we recognize the greatness of Reverend Dr. Martin
20 Luther King.
21 So I think about this day and I
22 think about something that Dr. King says, that we
23 must live together as brothers or perish together
24 as fools. We would say, today, brothers and
25 sisters. But the most important thing that we
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1 have to underline is if we do not come together,
2 we will perish together as fools.
3 The mask may muffle my words, but it
4 does not muffle the message of Dr. King. Luke
5 12:48 says: To whom much is given, much is
6 required. And what's required of us is decency,
7 respect.
8 Dr. King's birthday is January 15th,
9 and the following Monday should always be looked
10 at as a day on, not a day off. It is a day of
11 service for whom many will recognize as the
12 ultimate servant. It's the birthday of one of
13 the greatest peacemakers we've ever had in a time
14 of such nationwide confusion. He's the youngest
15 man to ever receive a Nobel Peace Prize.
16 December 10, 1964, he got the prize. And at that
17 time, it was around $54,000. And he gave that
18 money to the civil rights movement. Now, $54,000
19 is a lot of money at any time, but the
20 present-day value of that would be $453,728.90.
21 That's a lot of money, Mr. President.
22 He gave unto others. He was a
23 servant. It was for the movement, not for
24 himself. And I think about today and what today
25 is in our society and how it's an inauguration
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1 day, it's a day of new beginnings. And I started
2 to think that this was coincidental that we come
3 together on this day. But I'm a man of faith,
4 and my pastor is the Reverend Dr. Allen N.
5 Pinckney of Butler Memorial United Methodist
6 Church, 3920 Paulding Avenue. Come see us
7 sometime, Mr. President.
8 And I don't believe in coincidence
9 anymore. I believe that things are supposed to
10 happen the way that they are supposed to happen.
11 January 5th, it was no coincidence that the two
12 men who put the Senate over the top, so to speak,
13 were the pastor of Ebenezer Baptist Church, the
14 Reverend Dr. Raphael Warnock, and John Ossoff, a
15 mentee of the late, great John Lewis.
16 I don't believe in coincidences,
17 Mr. President. I don't believe that on today's
18 date, as we reflect on where we were as a
19 nation -- in order to be able to understand where
20 you're going, you have to know where you've been,
21 and Dr. King laid out a blueprint of sorts for
22 us.
23 The Apostle Paul said in First
24 Corinthians, Chapter 12, Verse 26: If one man
25 suffers, all suffer together with him. And
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1 Dr. King's letter from the Birmingham Jail, if --
2 for those who have never read the whole letter, I
3 implore you to read that. It's one of the finest
4 pieces of writing that I've ever read, and that
5 you'll ever read too.
6 Dr. King said: "Moreover, I am
7 cognizant of the interrelatedness of all
8 communities and states. I cannot sit idly by in
9 Atlanta and not be concerned about what happens
10 in Birmingham. Injustice anywhere is a threat to
11 justice everywhere."
12 We don't live in silos. I've said
13 that on this floor many times, we do not live in
14 silos. What happens in the Bronx affects what
15 happens in Brooklyn; what happens in Brooklyn
16 affects what happens in Broome County. We are
17 all interrelated.
18 Mr. President, as you know, I live
19 my life through the lens of my two daughters,
20 Giada and Carina. And, you know, due to the
21 magic of remote learning, I'm able to witness
22 their lessons. And so Carina is in pre-K, and
23 they were talking about it. And the teacher
24 mentioned before MLK, black and white people
25 would not be able to -- black and white kids,
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1 excuse me, would not be able to be taught
2 together.
3 In this technology age, Carina
4 presses "Mute" on it: "Dad, they couldn't even
5 be on Zoom together?"
6 "Carina, there was no Zoom."
7 "What do you mean, there was no
8 Zoom?"
9 "Well, Carina, we can talk about
10 that later. But the important point is that
11 black and white people could not learn together."
12 She said, "In real school, like they
13 couldn't sit next to each other? That's not
14 fair." And she said, "Dr. King, he really wanted
15 people just to stay together." That's what my
16 4-year-old got from her teacher.
17 She also asked me was he really a
18 king and where was his castle, as she's a Disney
19 fan, and so we talked about it then at a
20 different day.
21 But Giada, my oldest -- and if you
22 recall last year I mentioned how she spoke about,
23 in kindergarten last year -- she's in first grade
24 now. She's a big girl now. And she mentioned
25 how she learned last year that Dr. King was
289
1 arrested and that she believed that he should
2 have never been arrested, and the other people
3 that arrested him, they should have been
4 arrested. She was fired up about that one.
5 But again, the magic of remote
6 learning, I got to listen in today on the lesson.
7 And first the teacher -- they read a book called
8 "Marty," and it was a book by Martin Luther King
9 III. And it was his son, and he spoke from a
10 kid's perspective. And the teacher asked Giada,
11 "What did you get out of that book? What did you
12 get about Dr. King?" And she said, "Well, he was
13 fearless. He was a leader. And he was
14 determined."
15 Now as a parent, I'm brimming with
16 pride. And I don't want to run over and
17 interrupt her because, you know, kids act
18 differently when they see their parents. So I
19 just wanted to enjoy the moment from afar. And
20 the teacher said, "Well, why did you say all
21 those things? It sounds right, but why do you
22 say those things?" "Well, Ms. Lynn, he helped to
23 change the law so that people can be together
24 today."
25 Well, he definitely helped changed
290
1 the law. In 1964, the Civil Rights Movement
2 achieved two of his greatest successes,
3 ratification of the 24th Amendment, which
4 abolished the poll tax, and the Civil Rights Act
5 of 1964.
6 Dr. King did so much. For those who
7 don't know, "Happy Birthday," the Stevie Wonder
8 version, that is a song about Dr. King.
9 I think about all of the greatness
10 that he achieved, and I remind myself of this
11 every year. And I'm coming up on that age,
12 Mr. President. Dr. King was only 39 years old
13 when he passed away. And I think about all that
14 he accomplished, all of the speeches, all of the
15 greatness that he was able to pack into 39 years
16 of life. An entirely too small period of time,
17 in my opinion.
18 But God doesn't make mistakes,
19 Mr. President. And the 39 years were used
20 wisely. And I've always wondered, what am I
21 doing -- what am I doing wrong? And it's not
22 about what I'm doing wrong or what anybody's
23 doing wrong, it's about what he's done so right.
24 In a mere 39 years, he was able to change the way
25 that we looked at each other in America.
291
1 And so I think about what would
2 Dr. King have thought about what's happening now.
3 I think that he would have thought that people
4 that quote him but fail to say that Black Lives
5 Matter, I felt he would have had a problem with
6 that. I think that Dr. King would not have
7 wanted the rancor to have happened at the
8 Capitol, and he would have spoken out about that.
9 I think about his commitment and his
10 faith and his family, and I think about where he
11 would have been and what he would have done. And
12 the answer was always unify. If you look at what
13 he was about, he was about bringing us together.
14 And I think about a hip-hop artist
15 by the name of J. Cole, he has a song called
16 "Love Yourz." And he said, There's beauty in the
17 struggle, ugliness in the success.
18 And they talk about sports and how a
19 team hasn't really learned how to win until you
20 can win ugly, until you go on the road against a
21 hostile crowd and a hostile environment and you
22 come out with a victory.
23 Well, Dr. Martin Luther King, Jr.,
24 faced hostile crowds every single day. It did
25 not deter him. It did not deter his message. It
292
1 did not deter his fight. It only made him
2 stronger.
3 The time is always right to do
4 what's right. Well, as I close, I think about
5 "Lift Every Voice and Sing," one of our
6 unofficial national anthems in the Black
7 community. And while, Mr. President, we know
8 that nobody knows anything after the first verse
9 by heart -- you just start humming -- we do know
10 the final refrain: Let us march on till victory
11 is won.
12 We thank Dr. King for being that
13 drum major, leading that march till victory. And
14 while that march has not stopped and it cannot
15 stop until victory is won, we thank our drum
16 major for peace.
17 May God bless the legacy of Reverend
18 Dr. Martin Luther King.
19 ACTING PRESIDENT BENJAMIN: The
20 resolution was previously adopted on
21 January 12th.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 can we now move on to Resolution 102, by
25 yourself, Senator Benjamin, read its title only,
293
1 and recognize Senator Bailey on the resolution.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will read.
4 THE SECRETARY: Senate Resolution
5 102, by Senator Benjamin, celebrating the life
6 and exemplary career of the Honorable David N.
7 Dinkins, former Mayor of New York City,
8 distinguished citizen, and devoted member of his
9 community.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Bailey on the resolution.
12 SENATOR BAILEY: Thank you,
13 Mr. President. It's been a while since I've
14 spoken --
15 (Laughter.)
16 SENATOR BAILEY: David Dinkins was
17 a hero to so many, especially for a young man
18 like myself growing up.
19 And it's one of these things where
20 if you can't see it, you can't be it. Now,
21 growing up, I saw -- I had the pleasure of having
22 black doctors. I knew of black lawyers in the
23 community. But -- and I was paying attention,
24 but I didn't know that we could have a black
25 mayor until David Dinkins was elected mayor.
294
1 And everything isn't about identity
2 politics, folks. But for those of us who have
3 been disenfranchised, seeing someone that looks
4 like you matters. Seeing David Dinkins and his
5 incredibly calm, professional, low-key and cool
6 demeanor was something that made me think that,
7 you know what, I'm proud that he's our mayor. A
8 Tribe Called Quest: "Mr. Dinkins, will you
9 please be my mayor? You'll be doing us a really
10 big favor."
11 I was very excited when he became
12 our mayor, and I was very excited to meet him.
13 And I got a chance to meet him, and I had been
14 working in government for quite some time before
15 I had the opportunity to meet him. And there are
16 few people on earth who I've been awestruck by.
17 The first time I met David Dinkins was one of
18 them. And it was during a Caucus Weekend --
19 which I hope we can get back to at some point,
20 Mr. President -- and I saw him getting ready to
21 take the elevator up to the Egg. And I -- it was
22 like, is that really him? And I was,
23 "Mr. Dinkins, I'm such a big fan." And he was
24 like, "It's good to see people like you." And he
25 didn't know me from Adam, as they say. But he
295
1 said, "It's good to see people like you that are
2 interested in what we have to do for our people."
3 And when he said "our people," he didn't just
4 mean Black people, he just meant society.
5 Civilization.
6 So I was incredibly saddened when we
7 lost him. But as he always referred, he's with
8 his bride now, and they are watching us from
9 above. And I'm grateful for the lessons that he
10 taught us and the lessons that he taught a kid
11 like me. When you see Mr. Dinkins as your mayor,
12 you know that the possible is possible.
13 Thank you, Mr. President.
14 ACTING PRESIDENT BENJAMIN:
15 Senator Sanders on the resolution.
16 SENATOR SANDERS: Thank you,
17 Mr. President.
18 I'd be remiss if I did not speak of
19 Mayor David Dinkins, the first Black mayor of
20 New York City, one of the first Black mayors in
21 the nation. I would be remiss because he was
22 also a Marine veteran, as I am. David Dinkins
23 was a Marine veteran.
24 Now, if you're studying what's
25 happening politically, you're seeing that most of
296
1 the political people who are running and winning
2 seats just happen to be Marines, on both sides of
3 the aisle. I think it's a fascinating phenomenon
4 why such a small branch of service is producing
5 such a large influx of people going into
6 politics. Perhaps it's the ideas of leadership
7 that they speak of that David Dinkins epitomized.
8 The Marine Corps, of course, speaks
9 of just doing it and not talking about it. And
10 that was David Dinkins. He was not much of a
11 talker. If you wanted a great speech, he could
12 give it. But if you wanted a GREAT speech, there
13 were so many others. But if you wanted somebody
14 who actually got it done, you would go to a David
15 Dinkins.
16 And they epitomized -- the Marine
17 Corps speaks of loyalty. A very big thing in the
18 Marine Corps is loyalty. We pride ourselves, we
19 brag we will leave nobody on the battlefield.
20 And we mean that literally, no body on the
21 battlefield. When we go home, everybody goes
22 home. In fact, one of the greatest crimes in
23 there is not to have esprit de corps, not to have
24 a sense of team, a sense of -- leaving someone on
25 the battlefield is -- that's the equivalent of
297
1 not being a Marine. You're not a Marine if you
2 left somebody.
3 We will absolutely charge anything.
4 And David did that. He had to charge incredible
5 battles. It's a different New York and a
6 different America. The idea of a Black mayor at
7 the time was unthinkable. And many people went
8 out of their way to make sure that it would never
9 happen. And he had to bear all of these
10 indignities with a quiet discipline that was a
11 model for generations of electeds to come.
12 I learned a lot from him. Though I
13 don't have his discipline nor do I have his
14 patience, I learned a lot from him. He was an
15 incredible person. He came out of New York
16 similar to a time like this; it was such a crazy
17 time that he had to channel and deal with.
18 His programs to deal with crime
19 actually were the things that drove down the
20 crime of New York. His predecessor, the now -- I
21 almost said "disgraced," but I'll leave that out.
22 His predecessor was able to -- I'm sorry, not his
23 predecessor, the guy in back of him was able to
24 take the credit for the -- his anticrime
25 maneuvers and bills. But he actually got Albany
298
1 to give the money to bring on the cops, to give
2 the money to have a -- an attack on crime, a
3 far -- a wide-ranging attack on crime that led to
4 New York becoming -- New York City becoming the
5 safest city of its day.
6 We will have to do similar in the
7 days to come. Let us all learn from David
8 Dinkins in the moments to come.
9 Thank you, Mr. President, for that.
10 ACTING PRESIDENT BAILEY: Senator
11 Benjamin on the resolution.
12 SENATOR BENJAMIN: Thank you,
13 Mr. President.
14 I will be brief because I am aware
15 of the moment that we are in. There is something
16 very historic happening in process, so I won't
17 speak long.
18 But I think it's important to note
19 Mayor David Dinkins and his passing. Here is a
20 man who, as my colleagues had mentioned, has been
21 a true dignitary, a true gentleman, at a time
22 where we need to see and need to remind ourselves
23 that government and democracy is about ideas, and
24 we can fight over opinions, but we should not be
25 disrespectful in the process.
299
1 And one of the things that I want to
2 thank Mayor David Dinkins for, you know, I was
3 fortunate -- later in his life, he and I were
4 part of a social club before he passed called the
5 Reveille Club, and we met in Harlem every month.
6 And I would go out of my way to get a seat next
7 to him because it just felt good to sit next to
8 the former mayor. And, you know, I found out
9 that he was paying attention to me. And
10 sometimes he'd say to me: You know, I like what
11 you said in terms of what you meant to say, but I
12 didn't like the way you said that. You know, be
13 careful, don't go in that direction, don't go in
14 this direction.
15 And I think it's helpful, because
16 particularly over the last couple of years where
17 our politics has become more toxic and more
18 angry, it's important to have people to remind us
19 that, you know, this is really about serving the
20 people, not about us attacking each other. So I
21 want to thank him for that.
22 You know, David Dinkins was born in
23 Trenton, New Jersey. He wasn't born in Harlem.
24 But he got his political career and was very
25 active as a Harlem legislator, became an
300
1 Assemblymember in 1966, ran for the Manhattan
2 borough president three times before winning.
3 And as you mentioned, he was able to become our
4 first African-American mayor in 1989.
5 You know, he went to Howard
6 University, got his law degree from Brooklyn Law
7 School.
8 The thing I want to mention before I
9 take my seat was after graduating high school, he
10 attempted to enlist in the Marine Corps. This
11 is, you know, what Senator Sanders was talking
12 about. And he was denied on his first attempt.
13 They said to him that the racial quota had
14 already been filled, so he was not necessary.
15 David Dinkins then decided to travel over the
16 northeastern United States, going to different
17 places to try to enlist to serve a country that
18 didn't want him to serve.
19 I mean, it's just phenomenal when
20 you think about it. You know, there are people
21 who broke their necks to stay as far away from
22 getting anywhere near harm's way -- as a matter
23 of fact, used their connections to prevent
24 that -- and here is someone who decided to put
25 himself forward.
301
1 And I think that's the best of all
2 of us. I think there's so many of us who serve
3 who have the right heart -- regardless of party
4 and regardless of politics, political
5 affiliations -- and David Dinkins represented
6 that.
7 I want to close with I spoke to
8 Congressmember Charles Rangel -- I still call him
9 congressmember; he's the former -- I can't help
10 myself sometimes -- but former member Rangel this
11 morning. I was telling him that I was going to
12 speak about David Dinkins on the floor today.
13 And I said, "Is there anything you want me to
14 say, Congressmember, on your behalf?" He said,
15 "No, I don't want you to say anything, but
16 remember that" -- and then I got a five-minute
17 speech.
18 So I'll just summarize a few things
19 he mentioned. He said that David was one of the
20 nicest men he ever met. They -- as some of you
21 might have heard, there was a group of four sort
22 of Harlem, you know, political leaders, it was
23 himself, Rangel, it was David Dinkins, Percy
24 Sutton, who was the borough president, Basil
25 Paterson, who was the Secretary of State. And
302
1 they sort of had what some -- what the media had
2 called the Gang of Four, but they were four sort
3 of African-American leaders who really were
4 making moves and strides in Harlem for political
5 power, to make sure that their communities got
6 represented.
7 And he said in every meeting they
8 had, whenever there was a thought about doing
9 something negative against someone else, Dave
10 would always raise his hand and say, Ah, let's
11 not do that. Just a really good person who
12 didn't put his own political dreams and
13 aspirations in a place where he would try to tear
14 someone else down in order to get where he needed
15 to go.
16 And so, you know, I could speak on
17 and on about David Dinkins, but I will not. But
18 I will say that a great man, I hope the future of
19 our politics as we -- obviously, today is
20 Inauguration Day and we are moving forward. I
21 think the future -- I hope the future of our
22 politics is one where Democrats, Republicans,
23 independents, in between, we can be civil, we can
24 disagree without being disagreeable, and we can
25 take David Dinkins as a model for just how we
303
1 behave with each other.
2 So thank you, Mr. President, for
3 this time. And David Dinkins, a life well lived.
4 Thank you.
5 ACTING PRESIDENT BAILEY: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT BAILEY: Opposed?
10 (No response.)
11 ACTING PRESIDENT BAILEY: The
12 resolution is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Thank you,
15 Mr. President.
16 Can we now move on to
17 Resolution 140, by Senator Kennedy, read its
18 title only, and recognize Senator Kennedy.
19 ACTING PRESIDENT BAILEY: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 140, by Senator Kennedy, mourning the death of
23 George K. Arthur, prominent political leader,
24 distinguished citizen, and a major figure in the
25 African-American community.
304
1 ACTING PRESIDENT BAILEY: Senator
2 Kennedy on the resolution.
3 SENATOR KENNEDY: Thank you very
4 much, Mr. President.
5 On this auspicious day, it is
6 fitting that we honor one of Buffalo's finest who
7 recently passed; that is former Buffalo Common
8 Council President George K. Arthur, a Buffalo
9 icon and a civil rights leader who truly
10 dedicated his life to serving others and fighting
11 for the City of Buffalo and greater community
12 that he called home.
13 After serving in the U.S. Army
14 Signal Corps in the '50s, George Arthur studied
15 at the University of Buffalo's Millard Fillmore
16 School and, later, the Empire State College. His
17 heart was drawn to public service, and he went on
18 to spend more than 55 years helping others,
19 serving on the Erie County Board of Supervisors,
20 the Buffalo Common Council -- again, where he
21 rose to the highest ranks as president, as
22 selected by his peers -- as well as time on the
23 Citizens Advisory Commission on Reapportionment,
24 the Erie Council Charter Revision Commission, and
25 the Buffalo Fiscal Stability Authority, not to
305
1 mention the countless events and organizations he
2 was involved with, both directly and indirectly,
3 throughout the City of Buffalo and Western
4 New York.
5 During his time in office, he was an
6 active force in the fight for equality in housing
7 and education, and he was the lead plaintiff in
8 the federal lawsuit that resulted in the
9 desegregation of the Buffalo public schools. He
10 was profoundly dedicated to building a better
11 Buffalo for all hardworking families, but he was
12 just as dedicated to preserving our city's
13 storied past and the institutions that played a
14 critical role in our history.
15 George Arthur spent years as the
16 president and treasurer of the Michigan Street
17 Preservation Corporation and oversaw the
18 preservation of the Reverend J. Edward Nash's
19 house in the City of Buffalo. For those that
20 aren't aware, the Reverend Nash House was an
21 integral part of Buffalo's African-American
22 community in the early 20th century and was
23 instrumental in bringing branches of the Urban
24 League to Buffalo, as well as the NAACP. During
25 the early days before the NAACP was incorporated,
306
1 the Niagara Movement was taking root nationally.
2 This was the house in the City of Buffalo where
3 some of the founding members of the NAACP and the
4 Niagara Movement met. It was George K. Arthur's
5 vision and dedication that preserved this house
6 as a museum now in the heart of the
7 African-American Heritage Corridor in the City of
8 Buffalo today.
9 It's only fitting that George K.
10 Arthur, a visionary with the same passion for
11 inspiring change, was at the helm of preserving
12 this wonderful institution that had such an
13 indelible impact on the Queen City.
14 George Arthur was a man of faith, a
15 man of family, a man of culture and a man of
16 service. Fittingly, his likeness is now featured
17 on the Freedom Wall in Buffalo, a testament to
18 his life's mission and the legacy that he leaves
19 behind.
20 The City of Buffalo and our entire
21 community owes George K. Arthur a tremendous debt
22 of gratitude, and he will be forever missed. To
23 my friend and colleague, a wonderful leader, a
24 community visionary who we lost, we will forever
25 remember his legacy and pay him tribute.
307
1 Thank you, Mr. President, for taking
2 this moment to honor that legacy and pay him
3 tribute here in the halls of the Capitol today.
4 May he rest in peace.
5 ACTING PRESIDENT BAILEY: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT BAILEY: Opposed?
10 (No response.)
11 ACTING PRESIDENT BAILEY: The
12 resolution is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Mr. President,
15 at the request of the sponsors, the three
16 resolutions we took up today are open for
17 cosponsorship.
18 ACTING PRESIDENT BAILEY: The
19 resolutions, as mentioned, are open for
20 cosponsorship. Should you choose not to be a
21 cosponsor of the resolutions, please notify the
22 desk.
23 Senator Gianaris.
24 SENATOR GIANARIS: Please take up
25 the calendar, Mr. President.
308
1 ACTING PRESIDENT BAILEY: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number 17,
4 Assembly Print 968, substituted earlier by
5 Assemblymember Thiele, an act to amend a chapter
6 of the Laws of 2020.
7 ACTING PRESIDENT BAILEY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the same date and in the
11 same manner as a chapter of the Laws of 2020.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 17, those Senators voting in the
19 negative are Senators O'Mara and Skoufis.
20 Ayes, 61. Nays, 2.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number 20,
24 Senate Print 867, by Senator Benjamin, an act to
25 amend the Executive Law.
309
1 SENATOR LANZA: Lay it aside.
2 ACTING PRESIDENT BAILEY: Lay it
3 aside.
4 THE SECRETARY: Calendar Number 21,
5 Assembly Number 965, substituted earlier by
6 Assemblymember Zebrowski, an act to amend a
7 chapter of the Laws of 2020.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the same date and in the
12 same manner as a chapter of the Laws of 2020.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Announce
17 the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT BAILEY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number 24,
22 Senate Print 871, by Senator Kavanagh, an act to
23 amend the Private Housing Finance Law.
24 ACTING PRESIDENT BAILEY: Read the
25 last section.
310
1 THE SECRETARY: Section 4. This
2 act shall take effect on the same date and in the
3 same manner as a chapter of the Laws of 2020.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 24, those Senators voting in the
11 negative are Senators Ortt and Helming.
12 Ayes, 61. Nays, 2.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number 33,
16 Senate Print 880, by Senator Breslin, an act to
17 amend the State Finance Law and the General
18 Municipal Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the same date and in the
23 same manner as a chapter of the Laws of 2020.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
311
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number 36,
8 Assembly Print 962, substituted earlier by
9 Assemblymember Bichotte Hermelyn, an act to amend
10 the Agriculture and Markets Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the same date and in the
15 same manner as a chapter of the Laws of 2020.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar Number 36, voting in the negative:
23 Senator Skoufis.
24 Ayes, 62. Nays, 1.
25 ACTING PRESIDENT BAILEY: The bill
312
1 is passed.
2 THE SECRETARY: Calendar Number 41,
3 Senate Print 888, by Senator Hoylman, an act to
4 amend the General Obligations Law.
5 ACTING PRESIDENT BAILEY: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the same date and in the
9 same manner as a chapter of the Laws of 2020.
10 ACTING PRESIDENT BAILEY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BAILEY: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar Number 41, those Senators voting in the
17 negative are Senators Akshar, Borrello, Boyle,
18 Gallivan, Griffo, Helming, Jordan, Martucci,
19 Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath,
20 Serino, Stec, Tedisco and Weik.
21 Ayes, 45. Nays, 18.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number 47,
25 Assembly Print 959, substituted earlier by
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1 Assemblymember Hyndman, an act to amend the
2 Insurance Law and the Vehicle and Traffic Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BAILEY: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BAILEY: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number 49,
16 Assembly Print 969, substituted earlier by
17 Assemblymember Paulin, an act to amend the
18 Not-For-Profit Corporation Law.
19 ACTING PRESIDENT BAILEY: Read the
20 last section.
21 THE SECRETARY: Section 10. This
22 act shall take effect on the same date and in the
23 same manner as a chapter of the Laws of 2020.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
314
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number 65,
8 Senate Print 1184, by Senator Gianaris, an act to
9 amend the Criminal Procedure Law and the Civil
10 Practice Law and Rules.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar Number 65, those Senators voting in the
22 negative are Senators Akshar, Borrello, Boyle,
23 Gallivan, Griffo, Helming, Jordan, Lanza,
24 Martucci, Mattera, Oberacker, O'Mara, Ortt,
25 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
315
1 Weik.
2 Ayes, 43. Nays, 20.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 Senator Gianaris, that completes the
6 reading of today's calendar.
7 SENATOR GIANARIS: Mr. President,
8 before we move to the controversial calendar, I
9 just want to point out for everyone that it is
10 12:01, which means we officially have a new
11 President, a new administration in this country.
12 So congratulations to the United States of
13 America.
14 And can we now take up the
15 controversial calendar, please.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will ring the bell.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number 20,
20 Senate Print 867, by Senator Benjamin, an act to
21 amend the Executive Law.
22 ACTING PRESIDENT BAILEY: Senator
23 Lanza, why do you rise?
24 SENATOR LANZA: Mr. President, I
25 believe there's an amendment at the desk. I
316
1 waive the reading of that amendment and ask that
2 you recognize Senator O'Mara to be heard.
3 ACTING PRESIDENT BAILEY: Thank
4 you, Senator Lanza.
5 Upon review upon review of the
6 amendment, in accordance with Rule 6, Section 4B,
7 I rule it nongermane and out of order at this
8 time.
9 SENATOR LANZA: Accordingly,
10 Mr. President, I appeal the ruling of the chair
11 and ask that Senator O'Mara be recognized.
12 ACTING PRESIDENT BAILEY: The
13 appeal has been made and recognized, and
14 Senator O'Mara may be heard.
15 SENATOR O'MARA: Thank you,
16 Mr. President.
17 I rise to appeal the ruling of the
18 chair on the germaneness of the amendment at the
19 desk which amends the Executive Law of the State
20 of New York, which is the same section of law
21 that the bill before the house amends.
22 Therefore, it is germane.
23 However, far moreover than that, it
24 is germane, this amendment, to every piece of
25 legislation we are passing in this Senate, every
317
1 piece we've passed over the last several weeks,
2 every piece of legislation we've passed since
3 March 3rd, when the Governor's emergency powers
4 were granted.
5 It is time that this body, this
6 State Legislature, get back involved in the
7 business of government and the most fundamental
8 process of checks and balances of an executive
9 branch and a Governor that continues to issue
10 edicts with unilateral and dictatorial authority
11 that this Legislature has not responded to.
12 This side of the aisle, the
13 Minority, since the middle of May -- about a
14 month and a half, six weeks after this emergency
15 power was authorized -- we brought this amendment
16 to terminate the Governor's emergency powers to
17 issue directives, which in fact are edicts with
18 the force of law.
19 At a minimum, the Legislature should
20 be requiring the Governor to report to the
21 Legislature his activities on the coronavirus
22 epidemic, on what he intends to proceed to do, on
23 why his edicts are necessary to continue for a
24 period longer than 30 days. And we as a
25 legislative body should be deliberating over
318
1 those and checking this Governor's out-of-control
2 dictatorial edicts coming down on the citizens of
3 New York State across the state.
4 Our economy continues to struggle
5 under many of these edicts that the Governor has
6 put forth. It continues to struggle fiscally.
7 Yet the Governor has no qualms about whining that
8 the federal government needs to send us more
9 money because of our fiscal distress, a
10 significant portion of which the Governor himself
11 has directed.
12 This needs to end. We have a system
13 of checks and balances in this country and in
14 this state -- coequal branches of government:
15 The Legislature, the Executive and the Judiciary.
16 Thank God the Judiciary has not walked away from
17 their role in this process, with an extremely
18 important decision in Erie County just a week or
19 so ago setting forth that the Governor's edict on
20 orange zones and indoor dining shuttering
21 restaurants across State of New York was
22 baseless, was arbitrary, was capricious, and had
23 no sound basis in medicine or science.
24 Yet restaurants in New York City
25 continue to be shut down. Most of this other
319
1 side of the aisle, the Majority, the
2 supermajority of the Senate, represents New York
3 City, yet they sit back and allow their
4 restaurants to be closed, shuttered to operate
5 while, according to the Governor's own numbers,
6 restaurants have only accounted for about
7 1.4 percent of COVID's spread in this state.
8 It's an unwarranted intrusion into
9 the civil liberties and rights of these small
10 business owners to operate in the State of
11 New York under arbitrary and capricious
12 restrictions.
13 We have brought this hostile
14 amendment six times now. Every time it's been
15 brought in this house, every Republican has voted
16 to terminate the Governor's emergency powers.
17 Not one Democrat, in six times that we've brought
18 this, has rose up and said: I agree, we should
19 terminate the Governor's emergency powers. How
20 can these members of this supermajority sit back,
21 derelict in their duties of the basis -- most
22 basic aspect of checks and balances in our
23 process?
24 Thank God for the judiciary in
25 Erie County in allowing these small businesses to
320
1 reopen.
2 Restaurants in my home county of
3 Chemung County, a small county, were shuttered
4 for three months this time, and two months the
5 first time. Yet when Governor Cuomo was asked at
6 a press conference by a reporter from Elmira,
7 New York, What, Governor, do you have to say
8 about the restaurants being closed in Chemung
9 County when we have some of the best numbers
10 COVID-wise in the state, the lowest region of
11 percentage positives, the best hospital
12 availability in the state?
13 Yet those restaurants continue to be
14 closed for three months. And the Governor
15 complains about fiscal impacts to the state when
16 those businesses are not allowed to be in
17 business, they're not allowed to generate revenue
18 which would go into the state coffers, yet the
19 Governor continues to whine to the federal
20 government, Give me more, without fully
21 explaining clearly what our deficit situation is
22 in New York State.
23 Certainly I don't mean to -- intend
24 to say that these restaurants being open would be
25 the savior of our fiscal problems in New York
321
1 State. Clearly not. We have fiscal problems in
2 this state, and we had a $6 billion fiscal
3 problem in this state prior to COVID ever coming
4 into play.
5 These unprecedented powers, in
6 addition to which the majorities of the
7 Legislature authorized the Governor unilateral
8 powers on the budget -- to control spending, to
9 make cuts -- to which the Governor really has not
10 done anything but kick the can down the road and
11 whine to the federal government for more
12 handouts.
13 We are here as the voice of our
14 constituents to represent them in the State of
15 New York, to allow them to pursue their
16 livelihoods, to do business and not be shut down
17 under arbitrary and capricious decisions of this
18 government -- of this Governor.
19 Since this executive order has been
20 in place -- since the emergency powers were
21 granted to the Governor, the Governor had made
22 the fateful decision to send COVID-positive
23 hospital patients into nursing homes, which was
24 immediately objected to by medical groups across
25 the country as dangerous, not based in science,
322
1 and is going to help spread the coronavirus.
2 Yet this Governor continues to hide
3 by not responding to FOIL requests on what the
4 impact of that was. He hasn't reported to the
5 Legislature what the impacts of that nursing home
6 crisis was. He hides the numbers of deaths of
7 nursing home patients that went to a hospital and
8 died there.
9 It's unconscionable that this
10 Legislature sits back and allows these powers to
11 continue. Under these powers, the Governor
12 threatened upstate hospitals that he was going
13 send the National Guard to get their ventilators,
14 to get their PPE and other medical supplies to
15 send to another part of the state, without asking
16 cooperatively. Threatening.
17 The Governor then came up with his
18 baseless orange, yellow and red zones that
19 fortunately the Erie County Court threw out as
20 regards to indoor dining at a minimum.
21 Now the Governor, in recent weeks,
22 has threatened hospitals and medical providers
23 that if you vaccinate the wrong person, I'm going
24 to fine you a million dollars. How is this
25 working together cooperatively on this crisis we
323
1 have at hand? Enough of the finger pointing at
2 the federal government, at local governments, and
3 enough of this legislative body standing by and
4 watching and not ending these powers.
5 The Governor -- the Majority here
6 boast of their supermajority powers. And one of
7 the first things they did in the opening weeks of
8 this year's session was move to revise an
9 Independent Redistricting Commission that hasn't
10 even been utilized once. Yet they want to change
11 it so they have total control and take the
12 "independent" out of the Independent
13 Redistricting Commission.
14 What are the priorities of the
15 majorities in this State Legislature? It's
16 mind-boggling to me.
17 Since March 3rd, the Governor has
18 had emergency powers -- 323 days, 46 weeks. Just
19 six more weeks, he will have had them for a full
20 year. That's 88 percent of a full year so far.
21 While this Legislature has not been in the
22 process of checks and balances on this
23 out-of-control Governor. Eighty-eight percent of
24 our member's salaries during that period,
25 $96,800, for work our constituents expect us to
324
1 be doing.
2 How can the Majority members of this
3 legislative body sit back and allow the
4 Governor's emergency powers to continue? With a
5 supermajority, they're content to hide behind the
6 Governor making all these decisions. I don't
7 know how you go back to your constituents in your
8 districts, particularly restaurateurs, and say,
9 oh, we're going to allow the Governor to
10 continue. So even though upstate says that
11 that's baseless, arbitrary, capricious, we're
12 going to allow him to continue to shut down your
13 businesses.
14 These majorities of the Senate and
15 the Assembly need to act. We need to act today,
16 at a minimum of requiring the Governor to report
17 back to us every 30 days on what he's doing, what
18 he's directing, what he's issuing edicts on, and
19 why they should continue.
20 It's unconscionable and a
21 dereliction of the duty of this entire State
22 Legislature, but particularly the majorities of
23 this Legislature in each house that has a
24 supermajority. Yet they cower behind this
25 Governor, allowing him to continue to issue these
325
1 edicts, which are baseless, which are killing
2 small businesses.
3 This needs to end today. This
4 Legislature needs to get back in the process of
5 checks and balances. Thank God for the judiciary
6 in Erie County on that decision. But why should
7 the citizens of the State of New York have to
8 bring lawsuit after lawsuit, at their expense,
9 against this Governor's arbitrary and capricious
10 edicts? That's our job as state legislators.
11 We've continued now for 323 days -- $96,800 of
12 our annual salary -- sitting back and hiding
13 behind the Governor and not checking and
14 balancing his power.
15 With that, Mr. President, I urge
16 votes to overturn the ruling of the chair.
17 Thank you, Mr. President.
18 ACTING PRESIDENT BAILEY: Thank
19 you, Senator.
20 I want to remind the house that the
21 vote is on the procedures of the house and the
22 ruling of the chair.
23 Those in favor of overruling the
24 chairing signify by saying aye.
25 SENATOR LANZA: Show of hands,
326
1 please.
2 SENATOR GIANARIS: Mr. President,
3 by unanimous consent, please waive the showing of
4 hands and record each member of the Minority in
5 the affirmative on this vote.
6 ACTING PRESIDENT BAILEY: Without
7 objection, so ordered.
8 Announce the results.
9 THE SECRETARY: Ayes, 20.
10 ACTING PRESIDENT BAILEY: The
11 ruling of the chair stands, and the bill-in-chief
12 is before the house.
13 Are there any other Senators wishing
14 to be heard? Seeing and hearing none, debate is
15 closed.
16 The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the same date and in the
20 same manner as a chapter of the Laws of 2020.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
327
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 Senator Gianaris, that completes the
5 reading of the controversial calendar.
6 SENATOR GIANARIS: Mr. President,
7 on behalf of Majority Leader Stewart-Cousins, I
8 hand up the following leadership and committee
9 assignments for the Majority Conference and ask
10 that they be filed in the Journal.
11 ACTING PRESIDENT BAILEY: The
12 hand-up is received and will be filed in the
13 Journal.
14 SENATOR GIANARIS: And on behalf of
15 Majority Leader Stewart-Cousins, in consultation
16 with Senator Ortt, I hand up the following
17 leadership assignments for the Minority
18 Conference and ask that they be filed in the
19 Journal.
20 ACTING PRESIDENT BAILEY: The
21 hand-up is received and will be filed in the
22 Journal.
23 SENATOR GIANARIS: Is there any
24 further business at the desk?
25 ACTING PRESIDENT BAILEY: There is
328
1 no further business at the desk.
2 SENATOR GIANARIS: I move to
3 adjourn until Monday, January 25th, at
4 3:00 p.m., intervening days being legislative
5 days.
6 ACTING PRESIDENT BAILEY: On
7 motion, the Senate stands adjourned until Monday,
8 January 25th, at 3:00 p.m., intervening days
9 being legislative days.
10 (Whereupon, at 12:19 p.m., the
11 Senate adjourned.)
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