Tuesday, January 21, 2025

There's a privileged resolution at the desk by Leader Stewart-Cousins. Please take it up, read it in its entirety, and call on our Majority Leader to speak on the resolution.

ACTING PRESIDENT PERSAUD:There's a privileged resolution at the desk.

The Secretary will read.

THE SECRETARY:Legislative Resolution 250, by Senator Stewart-Cousins, commemorating the observance of the 40th Annual Luther King, Jr., Day in the State of New York, on January 20, 2025.

"WHEREAS, From time to time we take note of certain individuals whom we wish to recognize for their valued contributions and to publicly acknowledge their endeavors which have enhanced the basic humanity among us all; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the custom of this Legislative Body to join the people of this great Empire State in proudly observing the 40th Annual Martin Luther King, Jr. Day in the State of New York, on January 20, 2025, taking note of his many accomplishments and contributions to mankind; and

"WHEREAS, Dr. Martin Luther King, Jr., was born the grandson of a slave into a segregated society in Atlanta, Georgia, on January 15, 1929, and was instrumental in formulating a policy which ultimately destroyed legal apartheid across the United States; and

"WHEREAS, In February of 1968, Dr. Martin Luther King, Jr., spoke about the inevitability of his death and hoped that when we spoke of his life, we would not concentrate on his academic achievements: That he graduated from Morehouse College, that he attended the Crozer Theological Seminary and Boston University, where he earned a doctorate in systematic theology; and

"WHEREAS, After returning from Crozer, Dr. Martin Luther King, Jr., delivered his first sermon at Ebenezer Baptist Church in Atlanta and became the church's co-pastor with his father; and

"WHEREAS, Dr. Martin Luther King, Jr., a truly humble man, also did not find it important that we mention that he won the Nobel Peace Prize and over 300 other awards; and

"WHEREAS, Dr. Martin Luther King, Jr.'s finest legacy of greater social justice for all Americans was truly reflected in his devotion to serve and respect others, and in his steadfast love for all humanity; and

"WHEREAS, Standing in a long line of great American Black leaders, Dr. Martin Luther King, Jr., represents the historical culmination and the living embodiment of a spirit of united purpose rooted in Black African culture and the American dream; and

"WHEREAS, An apostle of peace, Dr. Martin Luther King, Jr., fought unrelentingly for the civil rights of all Americans and taught us that, through nonviolence, courage displaces fear, love transforms hate, acceptance dissipates prejudice, and mutual regard cancels enmity; and

"WHEREAS, Dr. Martin Luther King, Jr., manifestly contributed to the cause of America's freedom, and his commitment to human dignity is visibly mirrored in the spiritual, economic and political dimensions of the civil rights movement; and

"WHEREAS, In addition, Dr. Martin Luther King, Jr.'s life was devoted to the liberation of his people and his courage transcended the advocates of mindless retrenchment; and

"WHEREAS, During this momentous social movement, Dr. Martin Luther King, Jr., was assassinated on April 4, 1968; despite this immense loss, the legacy of Dr. Martin Luther King, Jr., continues to endure decades later, inspiring ongoing movements for racial justice and equality; Dr. King's legacy and his dream continue to be a guiding light for generations, reminding us that an 'injustice anywhere is a threat to justice everywhere'; and

"WHEREAS, It is the sense of this Legislative Body that the common and shared responsibility of governance demands an irrevocable commitment to the preservation and enhancement of human dignity as exemplified by Dr. Martin Luther King, Jr.; and

"WHEREAS, Upon the occasion of the celebration of the birthday of Dr. Martin Luther King, Jr., it is the practice of this Legislative Body to commemorate the heroic efforts of Dr. King, who loved and served humanity, and who was a drum major for peace, justice and righteousness; and

"WHEREAS, The 2025 Dr. Martin Luther King, Jr., holiday observance marks the 96th anniversary of his birth, and the 40th annual holiday celebrated in the State of New York in his honor; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize and pay tribute to the legendary life and achievements of Dr. Martin Luther King, Jr., upon the occasion of the anniversary of his birth and the celebration of Martin Luther King, Jr., Day in the State of New York and throughout the nation; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Black, Puerto Rican, Hispanic and Asian Legislative Caucus."

ACTING PRESIDENT PERSAUD:Leader Stewart-Cousins on the resolution.

SENATOR STEWART-COUSINS:Thank you so much, Madam President.

I always love to speak on this resolution because it's the beginning of our year. And for me, it's kind of a touchstone. It's a re-identifying why what we do here is so important, and understanding that there are a lot of different ways to achieve what we as a nation want to achieve.

But as Dr. King demonstrated time and time again, you do it with collaboration, you do it with respect, you do it with, ultimately, love.

This holiday is a holiday also of enduring hope. One of the principles that Dr. Martin Luther King, Jr., put into practice throughout his life is the belief that the true character of a person is revealed not during easy times, not during times of comfort and convenience, but during times of challenge and controversy -- such a time as this.

That's why we lean on these words during times of unrest and political polarization, that we could continue to hold on to our deeply held beliefs for equality and for justice. And, yes, for peace.

Even the fight to recognize Dr. Martin Luther King, Jr. Day serves as an important reminder that change never comes easily and that even progress is contested. It took more than a decade after his death, and we all remember -- I know so many members will speak of, you know, the realities of what happened during Dr. King's life, where he was certainly demonized and not heralded as someone who was iconic and ultimately a figure that we all quote and try to emulate, most of us, today.

But a decade after his death in 1968, it took that long for people to appreciate his life, for him to be recognized. And then it took until the year 2000 for all 50 states to actually celebrate MLK Day together.

And although we've made tremendous gains in the fight that Dr. King championed, we must also remember that immortal saying: The past is never dead; it isn't even past.

So as we honor his life, we continue to reckon, here in this chamber and beyond, with the systemic hardships and deeply rooted injustices that still impact Americans throughout our state and our nation. I mean, yesterday we saw, just after the inauguration, sweeping orders that threaten to tear away decades of progress and acceptance in this nation -- even nullify parts of the Constitution.

I'd like to end by sharing a powerful quote that Dr. Martin Luther King, Jr., spoke, and it really -- I was asked to give a quote for a montage that they were doing, and this was the one I chose because it has so much to do with the work that we do in this chamber.

He said: "It may be true that the law cannot change the heart, but it can restrain the heartless. It may be true that the law can't make a man love me, but it can restrain him from lynching me, and I think that's pretty important also. So while the law may not change the hearts of men, it does change the habits of men. And when you change the habits of men, pretty soon the attitudes and the hearts will be changed."

In this chamber I hope we'll remain committed -- we certainly will -- to advancing legislation that helps every individual gain a foot on the ladder while recognizing and undoing policies which kept their feet off the ladder in the first place. We'll model grace and integrity from our positions, and bear in mind that the good fight is a difficult one.

You know, I think that there's so much that we can offer the nation in terms of our understanding of not only Kingian philosophy but finding ways in order to create the kind of world that that Dr. King envisioned. He wasn't a dreamer, as you know; he was an actor, he was a doer. And yes, he was a visionary.

And I will conclude by saying I had real hope when my 3-year-old grandson, who is learning about all kinds of things, but certainly his teachers took the time to talk about Dr. King and to teach a little song. And when he came home, he asked his mother, like, Why -- why -- why can't -- why can't we be friendly? Why -- why -- why was he hurt? And having those kinds of conversations with a 3-year-old can be difficult, but sometimes I think we would all do well if we had that innocence of a 3-year-old, asked ourselves those questions, and really modeled the correct answer.

Happy Dr. King Day. And let's not visit it once a year. Let's visit it all the time, because I think now we need it more than ever.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Thank you, Madam Leader.

Senator Cooney on the resolution.

SENATOR COONEY:Thank you, Madam President.

And thank you to our leader, Andrea Stewart-Cousins, for bringing this important resolution honoring Dr. King to the floor.

As the chair of Transportation, I would be remiss not to mention the ways Dr. King used public transit as a great equalizer to bring equity across our nation. Dr. King once said: "Public transportation -- buses, subways, trains and more -- are a genuine civil rights issue."

He went on to say: "If transportation systems in American cities could be laid out so to provide an opportunity for poor people to get meaningful employment, then they could begin to move into the mainstream of American life."

More importantly, Dr. King put those words into action, leading the Montgomery, Alabama, bus boycott in 1955 following the arrest of Rosa Parks.

Dr. King recognized that equity in the way of how we get from Point A to Point B would lead to equity in other aspects of our community. It is a fight that we must continue today. Marginalized and underrepresented communities are less likely to own a car, creating barriers to employment, new employment opportunities that are coming across our state today.

And only by following the legacy of Dr. King and bringing equity to public transit can we continue to uplift all communities across our great state.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Thank you, Senator.

Senator Bailey on the resolution.

SENATOR BAILEY:Thank you, Madam President.

It's always an auspicious occasion to be able to speak on this resolution. As I've said time and time again, it is the anniversary of the first time that I spoke on the floor of the Senate. It was via this resolution. And I think about what I said -- you know, at the time I only had daughters, so I said: "Waiting for the Lord to rise/I look into my daughter's eyes/and realize that I'ma learn through her/the Messiah, might even return through her/if I'ma do it, I gotta change the world through her."

But now I have a nine-month-old son. So now I think about that on this King Day, where he would have been 96, and I think about the father-son relationship and the relationship that Dr. King had with his father, and the relationship that Dr. King had with his children.

And as we heard in the "Letter from a Birmingham Jail": "when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five-year-old son who is asking, 'Daddy, why do white people treat colored people so mean?'; when you take a cross-county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you."

There's more. And there's a line that always sticks out to me, Madam President: "When you are harried by day and haunted by night." What does this -- what does this -- what does that mean, you know. And so he was balancing that juxtaposition between great civil rights leader, preacher -- don't forget he was a preacher first -- and father. That juxtaposition in American history is not something that we should take lightly.

Because while he's making these speeches, while we make these speeches, we go home and have to explain to our own children, Well, what did this mean? What does this mean? And how does it mean it for the future?

So I'm glad that our leader time and time again sponsors this resolution because it's so important, and why she talked -- how she talked about her 3-year-old grandson. My 10-year-old now -- Madam President, I can't believe I'm saying my 10-year-old -- is writing for the school paper, and she's writing about Dr. King and writing about what it means. And my 8-year-old is talking about how he's a drum major for justice.

And my nine-month-old, I think -- I don't know exactly what he's saying, but I think, I think he's talking about having a dream. That one day Similac will be free -- just kidding.

(Laughter.)

SENATOR BAILEY:But I think about that juxtaposition between fatherhood in this world. I think about that "harried by day, haunted by night," and what it must have been like for Dr. King -- who, again, was a man of 39 when he was assassinated. So he lived multiple lives in 39 years. He got more out of those 39 years than many people get out of twice that, Madam President.

And so I think about like all of the goodness that he brought to this world. And I think about the people who quote him -- yesterday, when they go to churches and they go to things and they say the things -- and the very next day, the day after that, they do things directly in opposition with what Dr. King would have wanted you to do.

I think this is a clarion call for us to, as the leader said, espouse more to what Dr. King was saying day by day, as opposed to just picking that third Monday in January.

As I close, I had the opportunity to be in Madison Square Garden yesterday as they celebrated MLK Day at the Garden. And Walt "Clyde" Frazier said something. He said, "You know, it's easy for us as athletes, as entertainers, but you realize how important Dr. King's mission was when you try to catch a cab at midnight in New York City. Because at that point you're not Clyde, you're not a famous person, you're just a Black man in America."

And it's never been easy to be a Black man in America, to be a Black woman in America, to be a Black child in America. But people like Dr. King give us hope. They give us that unwavering hope, that unrelenting hope, that hope that you can't buy, that hope you can only have if you understand that struggle and that he did so much for us.

So as we leave Dr. King Day and we head -- transition nicely into Black History Month, I'd like to remind you of all the freedom fighters that Dr. King worked with. Lift them up as well on this day, because none of us do it alone.

But on his 96th birthday, we say Happy Birthday, Dr. King. And if you've ever sung "Happy Birthday" the way that we sing it, you know who that was for: Dr. King.

May he rest in peace. Happy King Day.

ACTING PRESIDENT PERSAUD:Thank you, Senator.

Senator Sanders on the resolution.

SENATOR SANDERS:Thank you, Madam President.

I want to thank our leader for coming up with this resolution year after year. It's a great thing.

And I also want to thank you for working with your grandchild. Because just as you have to be taught to hate, you have to be taught to love. And that means that we have to dedicate ourselves towards that.

Dr. King, of course, would have been 96 years old had he lived. So many years have passed since that time. May I remind you that New York of course is the Empire State, and we think of these things as happening in the South. Terrible things, but that was the South.

May I remind all of us that Dr. King was stabbed in New York, that he almost was killed in New York earlier. They say it was a -- I think two inches more and it would have penetrated his heart. That was -- that was not down south, that was up south. That was New York.

We -- some people say that south stops at the Canadian border. Well, there I go thinking again.

But I think that it's time to reaffirm the things that we say and do, that we need to reaffirm. And this is one of the reasons why I am so grateful to our leader, having made me chair of Banking since you started that -- you started that.

I remind you that banking was the last crusade of Dr. King, the Poor People's Crusade, the one that he died for, the one that spoke of the bank of justice being perhaps bankrupt. And we all have a chance and an opportunity right here. We don't have to look to years gone by. We can look to what we're going to do today and tomorrow to reaffirm these things. We don't have to say if I was there, I wouldn't do -- you are here. We are doing or can change. It's what we do now that counts, I would argue.

So we're all going to go to our committees and do some great work for the people of New York, and I encourage us to take this sentiment further, to say, you know, let's do something that will bring and make sure that America is America for everyone. Let's make sure that we make sure that the gates are open to anyone who works hard, gets up early, goes to bed late, pays their taxes, works -- they have the same opportunity of anyone else.

I'm glad I'm in this group. I'm glad that I'm with such people on both sides that I believe have a means and the will to do the right thing. We can argue what that is, but I'm glad that I'm with a group on both sides that really want to do the right thing. But now we need to go beyond wanting to do and actually doing it.

Thank you for the resolution.

Thank you for the time.

ACTING PRESIDENT PERSAUD:Thank you, Senator.

Senator Lanza on the resolution.

SENATOR LANZA:Thank you, Madam President.

For those of you who have served with me through the years, I want to let those of you know who are new that you won't see me speak on resolutions during session. I don't have anything against them; I just don't do it.

Now, before you breathe a sigh of relief, you're going to get tired of me speaking about a whole list of other things.

(Laughter.)

SENATOR LANZA:Senator Gianaris said -- Senator Gianaris, if you didn't hear him, said "This is true."

But I do rise each year for this resolution. And again, I want to thank, from the bottom of my heart, and on behalf of the people I represent back home, the Majority Leader, Senator Andrea Stewart-Cousins, for bringing this resolution. Because I think it is the most powerful resolution that will be brought to this floor this year because of what it can mean and what it can teach our children. And really, at the end of the day, that's one of our greatest responsibilities, to teach our children right.

Now, Dr. King, for me, and I think for all of us, was one of the most remarkable and one of the greatest of all Americans. And that's saying a lot, Madam President, about the greatest country on earth, to say that one of its sons is one of the greatest of all.

Dr. King addressed the worst of who we are by appealing to the best of what we are and what we must be.

And before I go further, I want to associate myself with my great colleagues who have already spoke and the words that you brought to the floor.

Whenever you're lost, the most important thing you can have in life is someone to show you the way, to give you a map. And for me and for this country, I firmly believe that is why God gave us Dr. Martin Luther King, to show us the way.

And he did. He pointed to that mountaintop, he gave us the path, and he said, You need to climb that mountain, the place on earth where freedom will ring for every last soul.

I don't know if or when we're going to get there, Majority Leader, but we must keep trying. Dr. Martin Luther King showed us how we will get there. He taught us that the road to that mountaintop was paved, as the Majority Leader said, with love. We forget that from time to time, day to day, but we've always got to come back to it.

And I'll end by saying and repeating my favorite thing that he taught us, that only love and light can conquer hate and darkness. I defy anyone, any one of us, to give better advice about how to live.

Majority Leader, thank you.

Madam President, thank you.

ACTING PRESIDENT PERSAUD:Thank you, Senator.

Senator Ramos on the resolution.

SENATOR RAMOS:Thank you, Madam President.

I rise because Dr. King did not just inspire and bring hope to Black people. He did so to all people of color. I like to use this occasion to remind folks that I wouldn't be here if it wasn't for Dr. King and his efforts in making the Voting Rights Act a reality in 1965. Because not only did that protect the right to vote for Black people, it finally allowed Latino people and Asian people to be able to vote in this country.

And at a time when our birthright citizenship is being challenged, especially for those of us who are children of formerly undocumented and currently undocumented people, it's important to recognize the history of so many Americans who have been denied their citizenship and their humanity by this country.

And it was the Reverend Dr. Martin Luther King who, through the Voting Rights Act, really transformed the trajectory of this country. And that no matter who comes across the presidency of our country, we have to uphold those constitutional human rights that we hold so dear as Americans. Because to me, to uphold the legacy of Dr. Martin Luther King is about understanding the need for affirmative action, for DEI, and for helping people of color overcome poverty so that we're fighting the war on poverty and not fighting against the poor.

That is, to me, Dr. Martin Luther King -- someone who was not well liked and was so controversial at his time, but who understood that all labor has dignity, all labor has importance, and that there is value in what the labor movement has been able to do as the true progressive movement of this state and of this country. It has allowed people to unite behind the efforts to be able to provide for themselves and for their families.

And so I'm just so thankful to the leader for bringing this resolution to the floor once again and giving us this opportunity to set the tone for the rest of session, and to understand where we're legislating from and who we're legislating for.

I'm very proud to come -- to be born and raised in a district, to come from a district that actually had Dr. Martin Luther King as a very young intern at First Baptist Church in East Elmhurst, Queens, for a summer. It's a legacy that we hold dear. And it's a legacy that we must all continue as we serve here in the New York State Senate.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Thank you.

Senator Parker on the resolution.

SENATOR PARKER:Thank you, Madam President.

Let me first add my voice to those who are thanking the leader for her intrepid acts of making sure that this exemplar, not just in African-American history but in American history, is acknowledged.

This is actually the only holiday in America in which it's designated for a single person. And I think that's worth acknowledging. And those of us who are full-grown adults -- and I shudder at the thought that I'm in that number now, but it beats the alternative -- remember that this battle wasn't that long ago. And it was hotly contested. But the side of right won.

And I think that that is -- that fight within itself was a battle that represented what King was about. Right? Which was making sure that you were on the right side of things and seeing it through to the end. Right? King reminds us that the arc of justice is long but -- the arc of righteousness is long but it bends towards justice. Right?

And so it's important for us to kind of be in that long-term fight. Right? Jamaal, the Bible reminds us that weeping may endure for a night -- or four years -- but joy comes in the morning. Right?

And that is the importance of the hope that King dealt with us. Right? In a moment in which -- it was a bleak time. At a time -- and I don't think that -- I've said this a number of times, that if you understand what was happening in the South in the 1950s that the things that King did actually could have gotten him killed. And eventually did. And the fact that it didn't get him killed sooner was really the miracle. Right? That getting arrested in the South fighting against white supremacy was not something -- like in this moment we're kind of used to -- we have the King legacy to look at. But there was really no King before King.

Now, there were other civil rights leaders, don't get me wrong. Right? Including, you know, Medgar Evers, right, and Meredith, and other folks who were also murdered during that time. Right? Ida B. Wells, right, who really got ran out of Tennessee, right, for just literally reporting on the notion of lynching. Right?

And so the King legacy sits on shoulders. But to the level that he took it, right -- like other people played basketball before Jordan, but Jordan is still Jordan. Right?

And so here we celebrate a man that really put his own personal safety and the safety of his family in order to make sure that he fought for the rights of people. And yes, primarily African-Americans. But as you heard Senator Ramos say, it extended beyond other people. The civil rights movement we understand was a fight around particularly African-Americans. Right? But Latinos benefited from it. Asian people benefited from it. Women benefited from it. Gay and lesbian communities benefited from it. Right? Poor people generally benefited from it. Right?

And part of what King's argument was that these are American citizens. And in this moment there was in fact promises made by the government. Right? Our Constitution tells us that all of us are created equal and that we are entitled to certain inalienable rights. Right? Which means you can't be separated from them. I didn't go to law school. I know somebody will correct me if I'm wrong. Right? That these things come along with you. That when you reach here, that these things are connected with you.

And so though there's lot of aspects to the King movement -- you all talk about the "I Have a Dream" speech, right? And in that speech the main thing wasn't really about the dream. The dream was actually a -- was actually a side hustle in the conversation, if you actually read the speech. Right? He says that they're coming to D.C. -- why? Because there's a check that is cashed insufficient for justice.

And we must make sure that we continue to seek justice in that name. That in this chamber and in our lives, that we continue to move forward in this notion of justice. And understanding that if we read the King legacy correctly, that that fight for justice and that march forward to make sure that that check is actually cashed sufficient is not going to make you popular.

Because as much as we celebrate King now and everybody wants to quote King, that in the moment -- and again, to go back to Senator Bailey's speech and he refers to the letter from the Birmingham jail. That letter actually isn't to his enemies. It's actually a letter to his allies and his friends and people around him while he's in jail. Right? When you go back and you actually read what people are saying about him, if you read articles about Dr. King, most of them are not favorable at the time, in the moment.

And it really took the sacrifice of his love and his blood to in fact -- to move his ideology forward and the notions that he brought forward in those times.

And so here I use this day, similarly to the leader, of a day to recommit ourselves to the ideals of King, of his life and his legacy. Of always fighting for justice. Of standing up even when you're afraid. Courage is not the lack of fear. It is acting even in the face of fear. And many of us have to find that -- in fact, all of us, especially me -- that the ideas of King and standing forward and addressing things that you know are important are critically, critically part of who we should be as leaders.

And certainly finding ways to disrupt the system such that things can move forward when they're not going forward, in a nonviolent way, is part of that. And as you know, I'm still working on that part of it. It's an incarceration objective, if you will. But an important ideology nevertheless.

And so I thank you again, Madam Leader, for this moment and allowing us to honor this man in this moment. But I also wanted to thank my colleagues for always trying, even though we don't always agree, that this becomes a body in which we have more times than not fought for the justice of the people of our community and of our great state. And that in this moment may we all recommit ourselves to the values of King of justice, of peace, of love, and of equality.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Thank you.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT PERSAUD:Opposed, nay.

(No response.)

ACTING PRESIDENT PERSAUD:The resolution is adopted.

Senator Gianaris.

SENATOR GIANARIS:Madam President, the leader would like to open this resolution for cosponsorship.

ACTING PRESIDENT PERSAUD:The resolution is open for cosponsorship. Should you choose not to be a cosponsor of the resolution, please notify the desk.

Senator Gianaris.

SENATOR GIANARIS:There will be an immediate meeting of the Rules Committee in Room 332.

ACTING PRESIDENT PERSAUD:There will be an immediate meeting of the Rules Committee in Room 332.

SENATOR GIANARIS:The Senate stands at ease.

ACTING PRESIDENT PERSAUD:The Senate stands at ease.

(Whereupon, the Senate stood at ease at 3:58 p.m.)

(Whereupon, the Senate reconvened at 4:06 p.m.)

ACTING PRESIDENT PERSAUD:The Senate will return to order.

Senator Gianaris.

SENATOR GIANARIS:There's a report of the Rules Committee at the desk.

Let's take that up now, please.

ACTING PRESIDENT PERSAUD:The Secretary will read.

ACTING PRESIDENT PERSAUD:Senator Stewart-Cousins, from the Committee on Rules, reports the following bills:

Senate Print 36A, by Senator Mayer, an act to amend the Education Law;

Senate Print 135, by Senator Cleare, an act to amend the Public Health Law;

Senate Print 929, by Senator Krueger, an act to amend the General Business Law;

Senate Print 1438, by Senator Krueger, an act to amend the Public Health Law;

Senate Print 1548, by Senator Fernandez, an act to amend the General Business Law;

Senate Print 1683, by Senator Parker, an act to amend the Public Health Law;

Senate Print 1703, by Senator Webb, an act to amend the Education Law;

Senate Print 1720, by Senator Persaud, an act to amend the Public Health Law;

Senate Print 1773, by Senator Webb, an act to amend the State Finance Law.

All bills reported direct to third reading.

SENATOR GIANARIS:Move to accept the report of the Rules Committee.

ACTING PRESIDENT PERSAUD:All those in favor of accepting the Rules Committee report signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT PERSAUD:Opposed, nay.

(No response.)

ACTING PRESIDENT PERSAUD:The Rules Committee report is accepted.

Senator Gianaris.

SENATOR GIANARIS:Please take up the supplemental calendar.

ACTING PRESIDENT PERSAUD:The Secretary will read.

THE SECRETARY:Calendar Number 99, Senate Print 36A, by Senator Mayer, an act to amend the Education Law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Senator Mayer to explain her vote.

SENATOR MAYER:Thank you, Madam President.

I proudly vote aye in favor of this legislation to strengthen New York's telehealth shield law.

Since the Supreme Court's disastrous decision to revoke the constitutional right to an abortion in Dobbs in June 2022, medication abortion has become a lifeline for many individuals seeking care in hostile states. We responded to this reality by passing legislation in 2023 to protect providers based in New York State who treat patients via telehealth.

Thanks to that law, doctors in New York State have been able to send thousands of abortion pills each month to women who might not otherwise be able to access safe abortion care. In fact, as of June 2024, an estimated one in 10 abortions nationwide are administered through pills prescribed via telehealth to patients in states with an abortion ban.

The doctors who are doing this work are taking on significant personal risk to help women access abortion. The risks are no longer abstract. States across the U.S. have embraced fringe and dangerous attacks on abortion and are seeking to enforce these rules outside their borders.

Today, this legislation will strengthen our shield law and provide another layer of protection for licensed New York providers by allowing them to request that their practice name instead of their personal name be included on the label for the drugs used in medication abortion, mifepristone and misoprostol.

I'm proud to vote aye. I encourage my colleagues to do the same. And I'm glad that New York can be a leader in the fight to protect abortion rights.

Thank you.

ACTING PRESIDENT PERSAUD:Senator Mayer to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 99, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Felder, Gallivan, Helming, Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

Ayes, 40. Nays, 19.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 100, Senate Print 135, by Senator Cleare, an act to amend the Public Health Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Announce the results.

THE SECRETARY:In relation to Calendar 100, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Felder, Gallivan, Helming, Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, Rolison, Stec, Tedisco, Walczyk, Weber and Weik.

Ayes, 40. Nays 19.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 101, Senate Print 929, by Senator Krueger, an act to amend the General Business Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 3. This act shall take effect one year after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you very much, Madam President.

This bill should matter to all of us. There's so little privacy left in our world. And the fact that computers have expanded everyone's ability to get our information can be pretty terrifying.

What this bill does, it expands a right that we think we have. We think we know about this thing called HIPAA, where our information about our confidential health information can't be sold or distributed.

But that's not true, because HIPAA only covers information used in a hospital setting or a doctor's office setting. And there are endless examples of where private companies get our health data, sell our health data, and we find that we have no confidentiality.

So we use an example. Christopher orders erectile dysfunction medication from a telehealth-only practice that does not accept health insurance and is not covered by HIPAA. By the way, I see those commercials every day on TV now. It's amazing how many people are selling this. And apparently people want it and need it. But they don't necessarily want everyone in the world knowing that they're buying erectile dysfunction medication.

But without this bill, that means those companies not only know who you are, but they're selling that information to other companies who might want to sell you other things they think relate to erectile dysfunction medication such as sex toys and techniques to increase sexual pleasure.

And so the whole concept that everyone is allowed to get this information from you, whoever you are, whether it's health issues or mental health issues or things you might think very personal and no one else's business, is allowed freely right now.

And so this bill will protect our right to have to opt in to sharing that information with every company that uses a computer in the world. And I think it makes sense, and I'm hoping everyone also does. So I'm looking for yes votes.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Senator Krueger to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 101, those Senators voting in the negative are Senators Borrello, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Walczyk, Weber and Weik.

Ayes, 49. Nays, 10.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 102, Senate Print 1438, by Senator Krueger, an act to amend the Public Health Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of April.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Madam President.

We just heard an amazing resolution in respect for and remembrance of Dr. Martin Luther King. I want to point out that Dr. Martin Luther King was also an extraordinary advocate for women's rights to equal treatment, to privacy, to healthcare, and to the right to abortion. And I'm very proud that here in New York State we are following Dr. King's lessons on so many levels, including on having abortion rights under our laws.

But a law is only good if you still have access to use that law. And unfortunately, in New York State we find ourselves in a situation where we don't have enough doctors and other medical personnel who are, under license and scope of practice, allowed to perform abortion and other related treatments to women in pregnancy, because we don't have adequate training centers for them.

We do have training in OB-GYN residencies, but they don't have the space to train family physicians, general practice doctors, nurse practitioners, physician's assistants -- all of whom are licensed under our law to provide these services.

And so we find ourselves with deserts for reproductive healthcare for women throughout the state, not just in rural New York but even in New York City in underserved communities.

So this legislation would allow the State of New York to create up to four community training centers to make sure that our healthcare professionals can get the skills that they tell us they need to provide the services that we have the right to under the law, but if we can't get the services it's like we don't have the right at all.

So I'm asking people to vote yes.

Thank you, Madam President.

ACTING PRESIDENT PERSAUD:Senator Krueger to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 102, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Felder, Gallivan, Helming, Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.

Ayes, 40. Nays, 19.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 103, Senate Print 1548, by Senator Fernandez, an act to amend the General Business Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 3. This act shall take effect 12 months after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Senator Fernandez to explain her vote.

SENATOR FERNANDEZ:Thank you, Madam President.

And thank you to this body for bringing this bill to the floor once again.

This bill would address the chemicals that are used in our menstrual products. Please consider that an individual -- usually your loved one, your spouse, your daughter, your friend, your neighbor -- uses up to 16,000 pieces -- 16,000 menstrual products in their lifetime. And many don't know that a lot of these products, if you don't look at the label, contain a lot of the same chemicals, such as PFAS, mercury, formaldehyde, and lead. These chemicals are found in deadly toxins and materials like cigarettes.

So it is on us to make sure that we are only producing safe products, especially those most intimate, to all New Yorkers and consumers, so we do not cause risk to reproductive health or general health.

So thank you so much. I vote aye and encourage everyone to vote aye again.

And thank you, Madam Speaker.

ACTING PRESIDENT PERSAUD:Senator Fernandez to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 104, Senate Print 1683, by Senator Parker, an act to amend the Public Health Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 120th day after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Announce the results.

THE SECRETARY:In relation to Calendar 104, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Felder, Gallivan, Helming, Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, Walczyk and Weik.

Senator Canzoneri-Fitzpatrick, pardon me, in the affirmative.

Ayes, 43. Nays, 16.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 105, Senate Print 1703, by Senator Webb, an act to amend the Education Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 6. This act shall take effect one year after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Senator Sepúlveda to explain his vote.

SENATOR SEPÚLVEDA: Thank you, Madam President, for allowing me to speak on this bill.

You know, a few years ago I had a relative of mine, a first cousin who was raised with me -- it's more like a sister -- who was diagnosed with breast cancer. And she was fortunate enough to have insurance, but we've had other relatives and friends who weren't so fortunate. And unfortunately one of them, particularly, passed away.

And so to me it's unconscionable that we can enter into contracts if our insurance providers or these contractors do not provide this kind of service.

So I want to thank Senator Webb for this bill on behalf of myself, my cousin, and my family, because I think it's going to help many, many women in the state.

Thank you.

ACTING PRESIDENT PERSAUD:Senator Sepúlveda to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 105, those Senators voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Gallivan, Lanza, Mattera, Murray, Oberacker, Ortt, Stec and Walczyk.

Ayes, 49. Nays, 10.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 106, Senate Print 1720, by Senator Persaud, an act to amend the Public Health Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 60th day after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT PERSAUD:The bill is passed.

THE SECRETARY:Calendar Number 107, Senate Print 1773, by Senator Webb, an act to amend the State Finance Law.

ACTING PRESIDENT PERSAUD:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 90th day after it shall have become a law.

ACTING PRESIDENT PERSAUD:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT PERSAUD:Announce the results.

THE SECRETARY:Ayes, 59.

ACTING PRESIDENT PERSAUD:The bill is passed.

Senator Gianaris, that completes the reading of today's supplemental calendar.

SENATOR GIANARIS:On behalf of Majority Leader Stewart-Cousins, I hand up the following conference and committee assignments of the Majority Conference and ask that it be placed in the Journal.

ACTING PRESIDENT PERSAUD:The handup is received and shall be filed in the Journal.

SENATOR GIANARIS:On behalf of Majority Leader Stewart-Cousins, in consultation with Senator Ortt, I hand up the following committee assignments of the Minority Conference and ask that it also be filed in the Journal.

ACTING PRESIDENT PERSAUD:The handup is received and will be filed in the Journal.

SENATOR GIANARIS:Is there any further business at the desk?

ACTING PRESIDENT PERSAUD:There is no further business at the desk.

SENATOR GIANARIS:Move to adjourn until tomorrow, Wednesday, January 22nd, at 11:00 a.m.

ACTING PRESIDENT PERSAUD:On motion, the Senate stands adjourned until Wednesday, January 22nd, at 11:00 a.m.

(Whereupon, at 4:21 p.m., the Senate adjourned.)