496
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 3, 2021
11 11:33 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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497
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 February 2, 2021, the Senate met pursuant to
17 adjournment. The Journal of Monday, February 1,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Kaminsky
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1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 978 and substitute it for
3 the identical Senate Bill 890, Third Reading
4 Calendar 43.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: Senator
8 Reichlin-Melnick moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 957 and
10 substitute it for the identical Senate Bill 1297,
11 Third Reading Calendar 68.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: Senator Hinchey
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 952 and substitute it for
17 the identical Senate Bill 1305, Third Reading
18 Calendar 76.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 THE SECRETARY: Senator Cooney
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 972 and substitute it for
24 the identical Senate Bill 1308, Third Reading
25 Calendar 79.
499
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Gianaris.
10 SENATOR GIANARIS: Mr. President,
11 on behalf of Senator Kaplan, on page 23 I offer
12 the following amendments to Calendar 225, Senate
13 538A, and ask that said bill retain its place on
14 Third Reading Calendar.
15 ACTING PRESIDENT BENJAMIN: The
16 amendments are received, and the bill shall
17 retain its place on the Third Reading Calendar.
18 SENATOR GIANARIS: On behalf of
19 Senator Gaughran, on page 23 I offer the
20 following amendments to Calendar 226,
21 Senate 945A, and ask that said bill retain its
22 place on Third Reading Calendar.
23 ACTING PRESIDENT BENJAMIN: The
24 amendments are received, and the bill shall
25 retain its place on the Third Reading Calendar.
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1 SENATOR GIANARIS: On behalf of
2 Senator Skoufis, on page 24 I offer the following
3 amendments to Calendar 231, Senate 2133, and ask
4 that said bill retain its place on Third Reading
5 Calendar.
6 ACTING PRESIDENT BENJAMIN: The
7 amendments are received, and the bill shall
8 retain its place on the Third Reading Calendar.
9 SENATOR GIANARIS: On behalf of
10 Senator Thomas, on page 24 I offer the following
11 amendments to Calendar 232, Senate 2157, and ask
12 that said bill retain its place on Third Reading
13 Calendar.
14 ACTING PRESIDENT BENJAMIN: The
15 amendments are received, and the bill shall
16 retain its place on the Third Reading Calendar.
17 SENATOR GIANARIS: And on behalf of
18 Senator Kavanagh, on page 24 I offer the
19 following amendments to Calendar 233,
20 Senate 2525, and ask that said bill retain its
21 place on Third Reading Calendar.
22 ACTING PRESIDENT BENJAMIN: The
23 amendments are received, and the bill shall
24 retain its place on the Third Reading Calendar.
25 SENATOR GIANARIS: On behalf of
501
1 Senator Sanders, I wish to call up Senate 646A,
2 recalled from the Assembly, which is now at the
3 desk.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 106, Senate Print 646A, by Senator Sanders, an
8 act to direct the New York State Department of
9 Health to conduct a study on incidences of
10 asthma.
11 SENATOR GIANARIS: Move to
12 reconsider the vote by which this bill was
13 passed.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will call the roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is restored to its place on the Third
20 Reading Calendar.
21 SENATOR GIANARIS: I offer the
22 following amendments.
23 ACTING PRESIDENT BENJAMIN: The
24 amendments are received.
25 SENATOR GIANARIS: At this time,
502
1 Mr. President, can we take up previously adopted
2 Resolution 198, by Senator Kennedy, read that
3 resolution's title, and recognize
4 Senator Kennedy.
5 ACTING PRESIDENT BENJAMIN: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 198, by Senator Kennedy, mourning the death of
9 Joseph F. Crangle, distinguished citizen and
10 devoted member of his community.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Kennedy on the resolution.
13 SENATOR KENNEDY: Thank you,
14 Mr. President.
15 I rise today to honor Joseph
16 Crangle, an outstanding leader in local and
17 statewide government, and someone who often
18 served as a mentor and advisor to those entering
19 the realm of public service.
20 Joe Crangle was Buffalo-born and
21 bred, the son of Irish immigrants, and a member
22 of the first graduating class Bishop Tymann High
23 School in South Buffalo.
24 He dipped his toe into politics for
25 the first time when he got involved in student
503
1 government at Canisius College, and later went on
2 to serve as Erie County Democratic Chairman for
3 23 years, throughout the 1960s, '70s, and '80s.
4 He also served as the New York State
5 Democratic Chairman from 1971 to 1974.
6 Joe's knowledge of New York's
7 political landscape was relied upon by so many
8 who grew into prominent roles in public office --
9 people like United States Senators Robert
10 Kennedy, Edward Kennedy, Daniel Patrick Moynihan,
11 and even former president Lyndon B. Johnson.
12 He believed wholeheartedly in
13 fostering our democracy by building strong
14 leaders to uphold its foundation, and committed
15 his life to helping those individuals succeed by
16 serving the public with honor, dignity, and a
17 love for our country.
18 While he never ran for office
19 himself, Joe was a power player behind the
20 scenes. He was someone you could count on to get
21 things done.
22 He was deeply involved in the
23 community he raised his family in as well,
24 serving as a member of the Community Foundation
25 for Greater Buffalo as well as a eucharistic
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1 minister at St. Mark's Catholic Church in
2 North Buffalo. He was a family man through and
3 through -- a beloved husband, father and
4 grandfather.
5 Joe didn't just serve our community,
6 he also proudly served our country, spending
7 10 years in the Army Reserve.
8 Public service wasn't simply an
9 opportunity in Joe's eyes, it was a clear
10 representation of how much one cared for this
11 state and this nation, and a commitment to making
12 it better.
13 We lost Joe earlier last month. It
14 was a heavy day, but one that made many reflect
15 on their shared memories with him and how he
16 helped encourage them to pursue a path toward
17 creating policy and effectuating real change.
18 Joe Crangle's impact will continue
19 to be remembered and appreciated by so many, and
20 it's only fitting that we honor his legacy and
21 years of service here today on the Senate floor.
22 We extend our deepest condolences to
23 his family, and may Joe Crangle rest in peace.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: The
505
1 resolution was previously adopted on
2 January 26th.
3 Senator Gianaris.
4 SENATOR GIANARIS: Can we now take
5 up previously adopted Resolution 199, by
6 Senator Kennedy, read its title, and recognize
7 Senator Kennedy.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will read.
10 THE SECRETARY: Senate Resolution
11 199, by Senator Kennedy, mourning the death of
12 Bishop William H. Henderson, religious leader,
13 distinguished citizen, and devoted member of his
14 community.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Kennedy on the resolution.
17 SENATOR KENNEDY: Thank you,
18 Mr. President.
19 I rise today to honor the legacy of
20 Bishop William Henderson, a man of immeasurable
21 faith and one who always used his voice to help
22 those experiencing hardship. He passed way on
23 January 11, 2021, at the age of 85 years old.
24 Bishop Henderson was a dear friend
25 and a tremendous advocate who worked tirelessly
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1 to preserve the City of Buffalo's history and the
2 institutions that remain integral parts of our
3 community's foundation.
4 For more than 50 years, Bishop
5 Henderson presided over the Michigan Street
6 Baptist Church, and actually saved the church, an
7 iconic piece of Buffalo's history, from
8 demolition. Decades earlier, the church had
9 served as a refuge for those who passed through
10 the Underground Railroad, and Bishop Henderson
11 fought tooth and nail to ensure this symbol of
12 hope and history was rightfully preserved as a
13 centerpiece in Buffalo's Michigan Street
14 African-American Heritage Corridor. Today, it's
15 on the National Register of Historic Places.
16 And while Buffalo was always at the
17 center of his heart, he brought the word of God
18 to all corners of the world, from Canada to
19 Russia, Jamaica to Africa and beyond. His words
20 resonated deeply with so many, with people often
21 coming from around the world to attend his
22 services in the Queen City.
23 Bishop Henderson believed that
24 fellowship was defined by those who sought
25 purpose, and that no crisis was insurmountable if
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1 those facing it worked together toward a
2 solution -- something that undoubtedly resonates
3 with each of us here today.
4 Bishop Henderson was resilient, both
5 in life and in faith. He led with love, with
6 compassion, and with a sense of service to others
7 above all. He was a beloved husband and a proud
8 father and grandfather.
9 We will miss him deeply, and the
10 worlds of guidance he provided to so many members
11 of our community every single day will resonate
12 for generations.
13 Yet we merely have to look around us
14 to see the legacy he leaves behind. His spirit
15 will encourage future generations to become
16 active and engaged citizens, and his sense of
17 purpose and community will inspire others to
18 extend grace and healing to those in need. May
19 we all honor his life that he lived by living our
20 own lives with empathy and courage.
21 We express our deepest condolences
22 to his family, and we thank them for sharing his
23 life with all of us. May Bishop Henderson rest
24 in peace.
25 Thank you, Mr. President.
508
1 ACTING PRESIDENT BENJAMIN: The
2 resolution was previously adopted on
3 January 26th.
4 Senator Gianaris.
5 SENATOR GIANARIS: At the request
6 of Senator Kennedy, the two resolutions we just
7 took up are open for cosponsorship.
8 ACTING PRESIDENT BENJAMIN: The
9 resolutions are open for cosponsorship. Should
10 you choose not to be a cosponsor of the
11 resolutions, please notify the desk.
12 Senator Gianaris.
13 SENATOR GIANARIS: Please take up
14 the reading of the calendar.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number 43,
18 Assembly Print Number 978, substituted earlier by
19 Assemblymember Englebright, an act to amend the
20 Environmental Conservation Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 7. This
24 act shall take effect on the same date and in the
25 same manner as a chapter of the Laws of 2020.
509
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number 68,
10 Assembly Print Number 957, substituted earlier by
11 Assemblymember Galef, an act to amend Chapter 598
12 of the Laws of 1938 relating to incorporating the
13 Volunteer and Exempt Firemen's Benevolent
14 Association.
15 SENATOR GIANARIS: Lay it aside for
16 the day.
17 ACTING PRESIDENT BENJAMIN: The
18 bill will be laid aside for the day.
19 THE SECRETARY: Calendar Number 76,
20 Assembly Print Number 952, substituted earlier by
21 Assemblymember Lupardo, an act in relation to
22 directing the Commissioner of Agriculture and
23 Markets to work with the state's land grant
24 university system.
25 ACTING PRESIDENT BENJAMIN: Read
510
1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the same date and in the
4 same manner as a chapter of the Laws of 2020.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN: Senator
9 Borrello to explain his vote.
10 SENATOR BORRELLO: Thank you,
11 Mr. President.
12 I'd like to start off by saying
13 thank you to Senator Hinchey, who is the new
14 chairwoman of our Agriculture Committee in the
15 Senate, now known as the Food and Agriculture
16 Committee.
17 This is a very important bill for a
18 number of reasons. One thing that this pandemic
19 has shown us is how fragile our food supply chain
20 is here in New York State. We watched as store
21 shelves were emptied, as we had so many food
22 banks that went without food or were short on
23 food, while our farmers dumped milk and left
24 crops to rot in their fields.
25 Our food supply chain is incredibly
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1 fragile here in New York State. This study will
2 help us. It will work with Cornell University,
3 the Department of Agriculture, and the Economic
4 Development Department as well, to figure out
5 what we can do to strengthen our food supply
6 chain.
7 This is critically important here in
8 New York State. People in New York want to make
9 sure that we have food that is safe, fresh and
10 local. And with this combined effort, I am
11 certain that we can move forward so that
12 something like this never happens again in
13 New York State.
14 Again, I would like to thank the
15 sponsor, and certainly I will be voting aye.
16 Thank you.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Borrello to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number 79,
24 Assembly Print Number 972, substituted earlier by
25 Assemblymember Bronson, an act to amend the
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1 General Municipal Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the same date and in the
6 same manner as a chapter of the Laws of 2020.
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, 63.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number 87,
16 Senate Print 1442, by Senator Addabbo, an act to
17 amend the Agriculture and Markets Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 10. 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:
513
1 Announce the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number 92,
6 Senate Print 1137, by Senator Liu, an act to
7 amend the Education Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 92, those Senators voting in the
19 negative are Senators Akshar, Gallivan, Jordan,
20 Oberacker, O'Mara, Ortt, Ritchie, Stec and Weik.
21 Ayes, 54. Nays, 9.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number 96,
25 Senate Print 1520, by Senator Bailey, an act in
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1 relation to creating the Commission on Affordable
2 College Education.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 8. This
6 act shall take effect on the 90th day after it
7 shall have become a law.
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: Ayes, 63.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number 98,
17 Senate Print 328, by Senator Persaud, an act to
18 amend the Penal Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 133, Senate Print 1100, by Senator Liu, an act to
8 amend the Education Law.
9 SENATOR JORDAN: Lay it aside.
10 ACTING PRESIDENT BENJAMIN: Lay it
11 aside.
12 THE SECRETARY: Calendar Number
13 140, Senate Print 2556, by Senator Savino, an act
14 to amend the Administrative Code of the City of
15 New York.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. 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 BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
516
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 174, Senate Print 1477, by Senator Krueger, an
6 act to amend the Penal Law.
7 SENATOR GIANARIS: Lay it aside for
8 the day.
9 ACTING PRESIDENT BENJAMIN: The
10 bill will be laid aside for the day.
11 THE SECRETARY: Calendar Number
12 181, Senate Print 1355, by Senator Serrano, an
13 act to amend the Parks, Recreation and Historic
14 Preservation Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of January.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 181, voting in the negative: Senator
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1 Jordan.
2 Ayes, 62. Nays, 1.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 182, Senate Print 1924, by Senator Jackson, an
7 act to amend the Arts and Cultural Affairs Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Jackson to explain his vote.
17 SENATOR JACKSON: Thank you,
18 Mr. President. For clarification, is this
19 regarding Senate Bill 1924?
20 ACTING PRESIDENT BENJAMIN: Yes, it
21 is.
22 SENATOR JACKSON: Thank you,
23 Mr. President.
24 So, my colleagues, I rise this
25 morning in order to speak about the Amistad
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1 Commission. The Amistad Commission was formed by
2 the Legislature in 2005 to review the state
3 curriculum regarding chattel slavery.
4 Currently, the Amistad Commission is
5 placed in the State Department. However, a
6 report issued by the State Department in 2016
7 recommended that the commission be moved into the
8 State Education Department, which is where it
9 should have been placed when the commission was
10 formed.
11 All people should know and remember
12 the dehumanizing atrocities committed during the
13 African slave trade and slavery in the Americas,
14 and consider the legacy of that violent system of
15 exploitation in this country.
16 The Amistad Commission was named in
17 honor of a group of enslaved Africans who led a
18 famous slavery revolt in a Spanish slave ship in
19 1839. The ship was seized by the U.S. Navy off
20 Long Island's coast and taken to Connecticut,
21 where the U.S. Supreme Court, the highest court
22 in the United States of America, eventually
23 granted those slaves freedom.
24 As we approach the 500th anniversary
25 of the Monte Alegre rebellion in Santa Domingo,
519
1 which is now in the Dominican Republic, in
2 1521 -- the first historically recorded rebellion
3 of enslaved Black people in the Americas -- it
4 makes sense to reevaluate the work of the Amistad
5 Commission.
6 To better connect their work to the
7 New York State educational curriculum, this bill
8 moves the commission from the Department of State
9 to the Department of Education. It's a very
10 simple, commonsense fix that advocates support.
11 I hope you join me in voting aye so
12 that we can continue the work of educating our
13 young and older people about the history of
14 chattel slavery and the legacy of white supremacy
15 in our country, especially after the Uprising for
16 Black Lives this past summer showed how far we
17 still have to go. I think we can all agree those
18 who do not learn history are doomed to repeat it.
19 And finally I say, Mr. President,
20 that my office has received phone calls today and
21 yesterday about, you know, this is not the right
22 approach, we should be doing something else. And
23 I'm saying, nothing has been done. The time is
24 NOW. What are we waiting for?
25 It's like you have a pot of food
520
1 that's been sitting on the oven for an hour, and
2 then a family member is ready to eat. What do
3 you do? You stir the food to make it fresh
4 again. And that's what this is about, making
5 history so that everyone will understand what
6 this was about.
7 Mr. President, I vote aye on this.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Jackson to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 228, Senate Print 1984, by Senator Jackson, an
16 act to amend the Education Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN: Senator
25 Jackson to explain his vote.
521
1 SENATOR JACKSON: Thank you,
2 Mr. President.
3 This relates to directing the
4 commissioner to convene a statewide and regional
5 conventions to bring together underrepresented
6 educators.
7 So, my colleagues, I rise to explain
8 my sponsorship of this bill. Being a teacher
9 from an underrepresented racial or ethnic group
10 can be very isolating and make it hard to do your
11 job well. New York has a teacher diversity
12 problem: 80 percent of teachers are white, when
13 most students aren't.
14 In public schools across New York,
15 the number of minority students long surpasses
16 half the total student population, fueled by
17 central urban districts where nine out of 10
18 students are not white. Yet only about 15 to
19 20 percent of New York State teachers are people
20 of color, with over 200 school districts not
21 employing one single nonwhite teacher.
22 The percentage of educators of color
23 has been stubbornly stagnant, as a growing body
24 of research shows a teacher workforce positively
25 affects the entire student population. These
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1 disparities not only put a burden on those
2 teachers who support students of color who look
3 like them as leaders and role models, but it also
4 can leave them feeling unsupported among
5 colleagues.
6 In a time of COVID-19 and remote
7 learning, this sense of isolation has only
8 increased for educators of color, based on what I
9 have heard.
10 This bill directs the New York State
11 Education Department to hold an annual statewide
12 and five regional conventions for
13 underrepresented teachers. By doing so, we are
14 putting resources towards improving the support
15 networks for these teachers to provide even
16 better education for New York State's diverse
17 children.
18 And I hope, my colleagues, you join
19 me in voting aye on this bill. Mr. President, I
20 vote aye. Thank you.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Jackson to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT BENJAMIN: The
523
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 234, Senate Print 2555, by Senator Brisport, an
4 act to establish a task force on educator
5 diversity in New York State.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Brisport to explain his vote.
15 SENATOR BRISPORT: Thank you,
16 Mr. President.
17 And thank you to my colleagues for
18 helping bring this bill to the floor.
19 You know, if any of you find
20 yourselves spending time with friends and
21 discussing your childhood education -- and of
22 course, why wouldn't you be -- a fun game to play
23 is to ask each other, How many of your teachers,
24 as a kid, were Black men? And then you can all
25 scratch your heads trying to figure out if you
524
1 had any.
2 From kindergarten through 12th
3 grade, I had one: Mr. Khan, who taught a killer
4 seventh-grade English class. And I was lucky to
5 have him. Across New York City, only 2 percent
6 of public school teachers are Black men.
7 I'm a former educator. It is so
8 critical that our children have teachers who look
9 like them. With the passage of this bill, we'll
10 take a step to ensuring that our classrooms match
11 the rich diversity of our state.
12 I'll be voting aye. Thank you,
13 Mr. President.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Brisport to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 234, those Senators voting in the
19 negative are Senators O'Mara, Ortt and Weik.
20 Ayes, 60. Nays, 3.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 Senator Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 that was Senator Brisport's first bill in the
525
1 Senate. Congratulations, Senator Brisport.
2 (Standing ovation.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Gianaris, that completes the reading of today's
5 calendar.
6 SENATOR GIANARIS: Can we now move
7 to the reading of the controversial calendar.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will ring the bell.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 133, Senate Print 1100, by Senator Liu, an act to
13 amend the Education Law.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Jordan, why do you rise?
16 SENATOR JORDAN: Mr. President, I
17 believe there's an amendment at the desk. I
18 waive the reading of that amendment and ask that
19 you recognize Senator Stec so that he may be
20 heard.
21 ACTING PRESIDENT BENJAMIN: Thank
22 you, Senator Jordan.
23 Upon review upon review of the
24 amendment, in accordance with Rule 6, Section 4B,
25 I rule it nongermane and out of order at this
526
1 time.
2 SENATOR JORDAN: Accordingly,
3 Mr. President, I appeal the ruling of the chair
4 and ask that Senator Stec be recognized.
5 ACTING PRESIDENT BENJAMIN: The
6 appeal has been made and recognized, and
7 Senator Stec may be heard.
8 SENATOR STEC: Thank you,
9 Mr. President.
10 I rise to appeal the ruling of the
11 chair. It is germane to the bill at hand because
12 during the current pandemic, the Governor has
13 issued countless executive orders that have
14 affected education law, directly impacting our
15 students, our parents, our administrators, and
16 our teachers all across the state.
17 I'm appealing the ruling on
18 germaneness. Germaneness means relevance, is it
19 relevant. Checks and balances and our
20 constitutional duties are always germane on the
21 floor of the Senate. In fact, I can't think of
22 anything that is more germane than our
23 relationship with the Governor, our
24 constitutional obligations. We are Article 3,
25 the Legislature. The Executive is Article 4.
527
1 When the framers, our founders, wrote this, they
2 wrote us ahead of the Governor. Yet we continue
3 to take a back seat to him these past ten months.
4 This is the 11th time that my
5 colleagues on my side of the aisle have made this
6 appeal. It's the ninth this year since I've been
7 a member of the Senate, and in fact this is my
8 second time making this appeal.
9 But this time it is on the heels of
10 a damning Attorney General's report on the
11 Governor's actions during this pandemic. We've
12 seen so far what's been characterized as a
13 disastrous vaccine distribution, rollout, from
14 the state. The Executive is not listening to his
15 own Department of Health, and in fact recently
16 there's been nine high-level resignations from
17 the Department of Health associated with this.
18 The Governor is not utilizing his
19 county public health departments, who do tabletop
20 exercises yearly on how to vaccinate the
21 population. They're prepared to do this, and yet
22 we're reinventing the wheel.
23 We have elderly people that are
24 traveling the state, they are coming from Long
25 Island driving across the breadth of the
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1 Adirondacks, to get vaccinated in Potsdam.
2 That's a heck of a drive in July for a young
3 driver. It is a treacherous drive when trying to
4 get a life-or-death appointment to get that
5 vaccine, and you're an older driver, in the dead
6 of winter, driving across the Adirondacks.
7 The Governor has been stonewalling
8 this body, our colleagues in the Assembly, and
9 thousands of people seeking information about the
10 nursing home deaths, for months. His own
11 Attorney General is saying that he has grossly
12 understated the number of nursing home deaths.
13 So I would say under the best of
14 circumstances, any Legislature should be cautious
15 about ceding any extra authority to any
16 Executive.
17 But now we're 11 months into this
18 pandemic and these emergency powers. The urgent
19 day-to-day nature of needing an Executive to make
20 an hour-to-hour decision are long past. They're
21 months past. We have reason and we have a lot of
22 experience to question the effectiveness of our
23 current situation and how this has played out
24 these last -- our current arrangement with the
25 Executive.
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1 And unfortunately, and more
2 recently, we have great reason to doubt the
3 accuracy of information that we are being given
4 by the Executive.
5 So this is very germane to our work,
6 our constitutional obligations, and our
7 responsibilities to the people that elected all
8 63 of us and the 150 in the Assembly.
9 So for those reasons, I beseech the
10 chair to reconsider, to rule this germane and
11 allow this reestablishment of coequal branches of
12 governmental to occur. But with that, I will
13 also remind everyone that you do not need a
14 hostile amendment brought every day of session
15 forward in order to achieve that. For those that
16 are watching at home, paying attention, or you're
17 watching this online, all it takes is the two
18 majorities to decide that they're going to put it
19 on the agenda.
20 I know how I answer these questions
21 when I get the calls in my district office. I
22 know how I answer these questions when I'm in the
23 grocery store. I know how I answer these
24 questions of my friends and neighbors, the people
25 that elected me, when they say they're not happy
530
1 with the current situation, that they want us to
2 reassert ourselves and take all the
3 decision-making power, good and bad, out of one
4 person and restore our order to the normal
5 operation.
6 I know how I answer these questions.
7 I've been answering these questions for months.
8 My great mystery is I want to know how some of my
9 colleagues are answering these very questions.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BENJAMIN: Thank
12 you, Senator Stec.
13 I want to remind the house that the
14 vote is on the procedures of the house and the
15 ruling of the chair.
16 Those in favor of overruling the
17 chair signify by saying aye.
18 SENATOR JORDAN: Request a show of
19 hands.
20 SENATOR GIANARIS: Mr. President,
21 by unanimous consent, please waive the showing of
22 hands and record each member of the Minority in
23 the affirmative.
24 ACTING PRESIDENT BENJAMIN: Without
25 objection, so ordered.
531
1 Announce the results.
2 THE SECRETARY: Ayes, 20.
3 ACTING PRESIDENT BENJAMIN: The
4 ruling of the chair stands, and the bill-in-chief
5 is before the house.
6 Are there any other Senators wishing
7 to be heard?
8 Seeing and hearing none, debate is
9 closed. The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
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: Ayes, 63.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 Senator Gianaris, that completes the
23 reading of the controversial calendar.
24 SENATOR GIANARIS: Mr. President,
25 returning to motions and resolutions for a
532
1 moment, on behalf of Senator Krueger, on page 22
2 I offer the following amendments to Calendar 174,
3 Senate 1477, and ask that said bill retain its
4 place on Third Reading Calendar.
5 ACTING PRESIDENT BENJAMIN: The
6 amendments are received, and the bill shall
7 retain its place on the Third Reading Calendar.
8 SENATOR GIANARIS: Is there any
9 further business at the desk?
10 ACTING PRESIDENT BENJAMIN: There
11 is no further business at the desk.
12 SENATOR GIANARIS: I move to
13 adjourn until Monday, February 8th, at 3:00 p.m.,
14 intervening days being legislative days.
15 ACTING PRESIDENT BENJAMIN: On
16 motion, the Senate stands adjourned until Monday,
17 February 8th, at 3:00 p.m., intervening days
18 being legislative days.
19 (Whereupon, at 12:02 p.m., the
20 Senate adjourned.)
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