Regular Session - March 26, 2012
1473
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 26, 2012
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOHN FLANAGAN, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
1474
1 P R O C E E D I N G S
2 ACTING PRESIDENT FLANAGAN: The
3 Senate will come to order.
4 Today the colors will be
5 presented by the Francis Lewis High School
6 Junior Reserve Officer Training Corps.
7 (The Color Guard entered the
8 chamber and presented colors.)
9 ACTING PRESIDENT FLANAGAN: I
10 ask everyone present to please repeat the
11 Pledge of Allegiance.
12 (Whereupon, the Assemblage
13 recited the Pledge of Allegiance to the Flag.)
14 (The Color Guard exited the
15 chamber.)
16 ACTING PRESIDENT FLANAGAN:
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President,
19 I believe clergy will be attending shortly.
20 So in the meantime, I would have
21 ask members to please sit in their chairs, and
22 I would ask you to please call on Senator
23 Avella at this time for an announcement.
24 ACTING PRESIDENT FLANAGAN:
25 Thank you, Senator Libous.
1475
1 Senator Avella.
2 SENATOR AVELLA: Thank you,
3 Mr. President.
4 I rise to recognize the Francis
5 Lewis Junior ROTC Program who just performed
6 one of the best color guards I've ever seen.
7 The Junior ROTC program at
8 Francis Lewis High School is the largest --
9 and I repeat, the largest -- Junior ROTC
10 program in the country, and that includes over
11 1725 programs. And as of last year they had
12 741 students in the high school in the
13 program.
14 And just to give you an example,
15 last year Francis Lewis High School Junior
16 ROTC had 15 members go on to West Point, the
17 largest number in the country except for one
18 high school that is near West Point that deals
19 with military families.
20 So I'd like to recognize Sergeant
21 Richard Gogarty, who started the program in
22 1994, and the four members of the Color
23 Guard: Kathy Lao, Jonathan Lim, Sharinne
24 Lercara, Willie Pan, and we also have Nicole
25 Kang taking pictures for them.
1476
1 But I would ask that the Senate
2 recognize the achievements of these
3 individuals, and also of the largest ROTC
4 program in the country.
5 ACTING PRESIDENT FLANAGAN:
6 Thank you, Senator Avella.
7 The Senate certainly welcomes and
8 recognizes the achievements of the
9 Color Guard, the sergeant and the four members
10 of the Color Guard. We hope you enjoy your
11 visit with us today in the Senate.
12 Thank you, Senator Avella.
13 (Applause.)
14 ACTING PRESIDENT FLANAGAN:
15 Senator Libous.
16 SENATOR LIBOUS: If we can
17 continue with the regular order,
18 Mr. President.
19 ACTING PRESIDENT FLANAGAN: The
20 reading of the Journal.
21 THE SECRETARY: In Senate,
22 Sunday, March 25th, the Senate met pursuant to
23 adjournment. The Journal of Saturday,
24 March 24th, was read and approved. On motion,
25 Senate adjourned.
1477
1 ACTING PRESIDENT FLANAGAN:
2 Without objection, the Journal stands approved as
3 read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 On behalf of Senator Seward,
16 Mr. President, on page 9 I offer the following
17 amendments to Calendar Number 220, Senate Print
18 6078A, and ask that said bill retain its place on
19 the Third Reading Calendar.
20 ACTING PRESIDENT FLANAGAN: The
21 amendments are received and the bill will
22 maintain its status on the Third Reading
23 Calendar.
24 SENATOR LIBOUS: On behalf of
25 Senator Zeldin, on page 16 I offer the following
1478
1 amendments to Calendar Number 358, Senate Print
2 5634B, and I ask that said bill retain its place
3 on the Third Reading Calendar.
4 ACTING PRESIDENT FLANAGAN: The
5 amendments are received, and the bill will retain
6 its place on the Third Reading Calendar.
7 SENATOR LIBOUS: And,
8 Mr. President, on behalf of you, sir, I move that
9 the following bill be discharged from its
10 respective committee and be recommitted with
11 instructions to strike the enacting clause, and
12 that would be Senate Print 6760.
13 ACTING PRESIDENT FLANAGAN: So
14 ordered.
15 SENATOR LIBOUS: Mr. President, at
16 this time could we please have the
17 noncontroversial reading of the calendar.
18 ACTING PRESIDENT FLANAGAN: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 259, by Senator Gallivan, Senate Print 5868A, an
22 act to amend the Labor Law.
23 ACTING PRESIDENT FLANAGAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
1479
1 act shall take effect on the 240th day.
2 ACTING PRESIDENT FLANAGAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 53.
6 ACTING PRESIDENT FLANAGAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 278, by Senator Marcellino, Senate Print 6547, an
10 act to amend the Alcoholic Beverage Control Law.
11 ACTING PRESIDENT FLANAGAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FLANAGAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 52. Nays,
19 1. Senator Diaz recorded in the negative.
20 ACTING PRESIDENT FLANAGAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 282, by Senator Little, Senate Print 5670, an act
24 to amend the Public Authorities Law.
25 ACTING PRESIDENT FLANAGAN: There
1480
1 is a home rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FLANAGAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 52. Nays,
9 1. Senator Ball recorded in the negative.
10 ACTING PRESIDENT FLANAGAN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 286, by Senator Young, Senate Print 771, an act
14 to amend the Agriculture and Markets Law.
15 SENATOR BRESLIN: Lay it aside.
16 ACTING PRESIDENT FLANAGAN: The
17 bill is laid aside by Senator Breslin.
18 THE SECRETARY: Calendar Number
19 313, by Senator Maziarz, Senate Print 219A, an
20 act to amend the Banking Law.
21 ACTING PRESIDENT FLANAGAN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT FLANAGAN: Call
1481
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53.
4 ACTING PRESIDENT FLANAGAN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 373, by Senator Seward, Senate Print 6552, an act
8 to amend the Insurance Law.
9 ACTING PRESIDENT FLANAGAN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FLANAGAN: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 53.
17 ACTING PRESIDENT FLANAGAN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 383, by Senator Bonacic, Senate Print 2135B, an
21 act to amend the Mental Hygiene Law.
22 ACTING PRESIDENT FLANAGAN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
1482
1 ACTING PRESIDENT FLANAGAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT FLANAGAN:
5 Senator Rivera to explain his vote.
6 SENATOR RIVERA: Thank you,
7 Mr. President.
8 March 16th was the 41st birthday of
9 my older brother, José Manuel Rivera,
10 affectionately known as Papotin. He was
11 actually -- when he was born, shortly after he
12 was born and he started to show some
13 developmental disabilities, he was diagnosed with
14 autism.
15 Today he is 41 years old, a
16 graduate of high school and of college, with a
17 job. He actually translates books into Braille
18 back in Puerto Rico. He lives at home with my
19 parents but has a productive career.
20 What we're doing here today with
21 this vote is that we're creating a task force
22 dealing specifically with the issues of people
23 like my brother and other individuals who
24 unfortunately do not have the higher functioning
25 capacity that my brother has.
1483
1 I am incredibly thankful to the
2 sponsor for establishing this piece of
3 legislation because, again, it will give us an
4 opportunity to really think about what are the
5 things that we can do as a state to make it
6 easier for these individuals to continue to be
7 productive members of society just like my
8 brother.
9 I know if he was here today he
10 would say thank you to the sponsor, and so in his
11 name I say thank you so much.
12 I will be voting in the
13 affirmative, Mr. President.
14 ACTING PRESIDENT FLANAGAN:
15 Senator Rivera to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT FLANAGAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 403, by Senator Young, Senate Print 855A, an act
22 to amend the Highway Law.
23 ACTING PRESIDENT FLANAGAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
1484
1 act shall take effect immediately.
2 ACTING PRESIDENT FLANAGAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT FLANAGAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 405, by Senator O'Mara, Senate Print 5818, an act
10 to amend the Highway Law.
11 ACTING PRESIDENT FLANAGAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FLANAGAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT FLANAGAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 406, by Senator Martins, Senate Print 6240, an
23 act to amend the Highway Law.
24 ACTING PRESIDENT FLANAGAN: Read
25 the last section.
1485
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FLANAGAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT FLANAGAN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 407, by Senator Griffo, Senate Print 6531, an act
11 to amend the Highway Law.
12 ACTING PRESIDENT FLANAGAN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FLANAGAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT FLANAGAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 408, by Senator Maziarz, Senate Print 6536, an
24 act to amend the Public Authorities Law.
25 ACTING PRESIDENT FLANAGAN: Read
1486
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FLANAGAN: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT FLANAGAN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 412, by Senator Diaz, Senate Print 271, an act to
12 amend the Banking Law.
13 ACTING PRESIDENT FLANAGAN: Read
14 the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FLANAGAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT FLANAGAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 420, by Senator Adams, Senate Print 3686, an act
25 to amend the Penal Law.
1487
1 ACTING PRESIDENT FLANAGAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of November.
5 ACTING PRESIDENT FLANAGAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT FLANAGAN:
9 Senator Adams to explain his vote.
10 SENATOR ADAMS: Thank you,
11 Mr. President.
12 I'd like to explain my vote. And
13 also, in the process, I don't know if people know
14 I'm wearing this hood as respect for Trayvon
15 Martin.
16 But this is an important bill about
17 domestic violence and how, far too often,
18 innocent victims of domestic violence are
19 repeated victims and people who violate orders of
20 protection are allowed to continue their acts of
21 domestic violence.
22 And this is a way to increase the
23 penalties around domestic violence and save
24 people who have to deal with repeated
25 perpetrators inflicting violence on innocent
1488
1 people.
2 Thank you.
3 ACTING PRESIDENT FLANAGAN:
4 Senator Adams to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT FLANAGAN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 421, by Senator DeFrancisco, Senate Print 4305A,
11 an act to amend the Penal Law.
12 ACTING PRESIDENT FLANAGAN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FLANAGAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT FLANAGAN: The
21 bill is passed.
22 Senator Libous, that completes the
23 noncontroversial reading of the calendar.
24 SENATOR LIBOUS: Could we have the
25 controversial reading, please.
1489
1 ACTING PRESIDENT FLANAGAN: The
2 Secretary will ring the bell.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 286, by Senator Young, Senate Print 771, an act
6 to amend the Agriculture and Markets Law.
7 SENATOR BRESLIN: Explanation.
8 ACTING PRESIDENT FLANAGAN:
9 Senator Young, Senator Breslin has requested an
10 explanation.
11 SENATOR YOUNG: Certainly. I'll
12 be glad to, Mr. President.
13 This legislation requires that
14 information collected and maintained by the
15 Department of Agriculture and Markets relating to
16 the registration and identification of premises
17 and animals shall be kept confidential.
18 It is supported by the Farm
19 Bureau. There are no opposition memos received.
20 And actually it's been passed by this house twice
21 already, once in 2008 with one nay vote and in
22 2010 with unanimous votes in favor of it.
23 ACTING PRESIDENT FLANAGAN:
24 Senator Krueger, why do you rise?
25 SENATOR KRUEGER: If the sponsor
1490
1 would yield, please, Mr. President.
2 ACTING PRESIDENT FLANAGAN:
3 Senator Young, will you yield?
4 SENATOR YOUNG: Happy to,
5 Mr. President.
6 ACTING PRESIDENT FLANAGAN:
7 Senator Krueger.
8 SENATOR KRUEGER: Thank you.
9 So my understanding is that this
10 bill would prevent me from using a Freedom of
11 Information request to find out about outbreaks
12 of disease among animals on the farms of New York
13 State. Is that correct?
14 SENATOR YOUNG: Actually,
15 Mr. President, if I may draw Senator Krueger's
16 attention to a section of the bill: "The
17 department may disclose the data referred to in
18 paragraph (a) of this subdivision to any agency
19 or the public if it determines that such
20 disclosure will aid in the law enforcement
21 process or the protection of public or animal
22 health and safety."
23 So there's a component of the bill
24 that if there is a serious issue, it would be
25 disclosed by the department.
1491
1 However, what we find in many cases
2 is that -- well, first of all, there are two
3 points. One is that farms are actually small
4 businesses, and they have competitors who may be
5 looking for information about a farm in order so
6 that they could have a competitive advantage over
7 someone else. We feel that these are proprietary
8 concerns. They should be kept confidential.
9 The second issue has to do with
10 biosecurity. And over the years the federal
11 government has identified biosecurity threats
12 whereas, for example, in a herd someone may
13 introduce some kind of disease or whatever in
14 order to impact the health and safety of the
15 public or the animals.
16 So what we're looking at is a
17 mechanism to help small businesses be able to
18 remain competitive and at the same time have
19 systems in place so that you don't have the
20 opposite effect of allowing farms to be
21 identified so that they can be threatened by
22 terrorists or some other biosecurity threat.
23 SENATOR KRUEGER: Through you,
24 Mr. President, if the sponsor would continue to
25 yield.
1492
1 ACTING PRESIDENT FLANAGAN:
2 Senator Young, will you continue to yield?
3 SENATOR YOUNG: Yes,
4 Mr. President.
5 ACTING PRESIDENT FLANAGAN:
6 Senator Krueger.
7 SENATOR KRUEGER: So outbreaks in
8 infectious disease among animals on farms is
9 actually growing. Some of it might be from
10 bioterrorism threats, but apparently most of it
11 is from natural occurrences.
12 Actually, I was reading about
13 climate change increasing the types and spread of
14 viruses through animal stock and the different
15 kinds of diseases that in fact are unfortunately
16 infecting various types of farm animals in our
17 country and our state.
18 How does it help the public not to
19 ensure that people know that there are these
20 outbreaks, we make sure that these animals do not
21 go into our food stream, we make sure that -- I
22 believe the term is correctly used that the
23 animals are depopulated so that it doesn't travel
24 from farm to farm in a close-knit area if the
25 public and even other farmers can't know about
1493
1 these circumstances?
2 How is this a good public health
3 protection not to make sure this information is
4 available to those who want to ensure that our
5 food supply stays healthy?
6 SENATOR YOUNG: Mr. President,
7 through you. I appreciate Senator Krueger's
8 concerns. I share the same concerns.
9 And so basically, on the bill, I'll
10 restate it, because I think -- while I share
11 concerns along those same lines, I think that
12 this doesn't really have much to do with that.
13 We have the Department of
14 Agriculture and Markets, we have the federal
15 government who handles outbreaks of disease and
16 makes sure that they're taken care of, because
17 they're very strict about those issues and
18 following up and stopping something in its
19 tracks.
20 So Senator Krueger's concern is my
21 concern. They do an excellent job at that. But
22 basically, as I stated previously, in the bill
23 there is a provision that allows for public
24 notification if there is a health or safety or
25 law enforcement issue.
1494
1 So that is actually handled in the
2 bill. I appreciate Senator Krueger's concern
3 about it; it's my concern. But it's already
4 taken care of. So it's a nonissue as far as this
5 legislation is concerned.
6 SENATOR KRUEGER: Through you,
7 Mr. President, on the bill.
8 ACTING PRESIDENT FLANAGAN:
9 Senator Krueger on the bill.
10 SENATOR KRUEGER: Thank you.
11 I appreciate the sponsor's
12 answers. I think that she and I have the same
13 goals, but we have a disagreement about whether
14 public access to information about disease on our
15 farms and among our farm animals is a good or bad
16 thing.
17 She is correct, the bill allows the
18 department to make a decision whether to release
19 information. My concern is that government
20 agencies aren't always perfect.
21 And in fact, when you look at the
22 history of inspection of our food supply,
23 unfortunately the rate at which we have been
24 providing inspections has been decreasing,
25 federal and state, and the rate at which our food
1495
1 supply actually has outbreaks of infection has
2 been increasing.
3 So there's been a pattern of
4 growing risk to our health from our food supply
5 and fewer inspections done, with the federal
6 government, in my opinion, completely falling
7 down on the job when it comes to U.S. Department
8 of Agriculture inspections and follow-through on
9 infection, viruses, and other dangers to our
10 agricultural system.
11 And I believe, Mr. President, that
12 the continuing rate of growth in outbreaks does
13 more harm to our food industry nationally and
14 internationally than any potential risk with
15 making sure that the public knows about
16 outbreaks.
17 In fact, there are risks to whether
18 other countries will even import certain of our
19 food products because of their fear that we don't
20 do a very good job in the United States of
21 America making sure that our agricultural
22 products, and particularly our meat products, are
23 inspected correctly, that we're handling
24 outbreaks correctly.
25 And I actually think we do great
1496
1 harm to ourselves -- big picture in
2 agriculture -- when we don't do more thorough
3 inspections and we don't get the word out that
4 there are dangers, there are infections that
5 animal populations should be depopulated and not
6 allowed to go into the food supply.
7 And I guess I'm also concerned that
8 if we try not to let the public know, we actually
9 send a message that we're not that concerned
10 about it. And I think we're all concerned. I
11 know that Senator Young is concerned, as I am.
12 I'm also very concerned about the
13 fact that there is research showing that the
14 types of foods we are feeding our livestock, the
15 kinds of hormones we are injecting them with, the
16 kinds of pesticides that may be used on the food
17 that they eat is in fact exponentially increasing
18 the risks to our own food supply -- tied in with
19 the fact that climate change appears to be adding
20 to the growth in the types of viruses that we see
21 spreading quickly through our food supply.
22 So I do think we're at a point in
23 history where we need to sound the alarm bells
24 that there is a real risk to the health of our
25 agriculture industry, to the health of actually
1497
1 our meat industry within agriculture, and that
2 more public awareness, more inspection, more
3 observation and more follow-through on making
4 sure that dangers lurking are publicized and that
5 we as a government are more aggressive about
6 making sure we're there before it happens, when
7 it happens, and to make sure it doesn't happen
8 again.
9 And so in fact I think this is a
10 step in the wrong direction for New York State
11 public health. And in fact, while intended to be
12 in the best interests of our agricultural
13 industry, I don't actually think it is in the
14 best interests of our agricultural industry. And
15 I will be voting no.
16 Thank you, Mr. President.
17 ACTING PRESIDENT FLANAGAN: Thank
18 you, Senator Krueger.
19 Any other Senator wishing to be
20 heard? Hearing none, the debate is closed.
21 The Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT FLANAGAN: Call
1498
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT FLANAGAN:
4 Senator Young to explain her vote.
5 SENATOR YOUNG: Thank you,
6 Mr. President.
7 While I do appreciate the concerns
8 of my colleague Senator Krueger, actually this
9 bill does the opposite of what she was talking
10 about, in that it actually protects the food
11 supply from biosecurity risks.
12 So I would urge all of my
13 colleagues to vote yes on this. There is a
14 provision in it that would notify the public if
15 there are health and safety risks, law
16 enforcement risks. But this actually is a way so
17 that farms aren't targeted and put in harm's way
18 of being contaminated by biosecurity concerns out
19 there.
20 So I would urge all of my
21 colleagues to vote yes on this bill. They've
22 supported it in the past. And on top of that,
23 it's supported by the Farm Bureau.
24 So thank you, Mr. President. I
25 vote aye.
1499
1 ACTING PRESIDENT FLANAGAN:
2 Senator Young to be recorded in the affirmative.
3 The Secretary will announce the
4 results.
5 While we are waiting for the
6 Secretary to tally the results, I would
7 respectfully remind everybody that we have an
8 invocation that will be occurring right after the
9 bill. Rabbi Butman has arrived.
10 The Secretary will announce the
11 results.
12 THE SECRETARY: In relation to
13 Calendar Number 286, those recorded in the
14 negative are Senators Adams, Avella, Duane,
15 Espaillat, Hassell-Thompson, Huntley, Krueger,
16 Montgomery, Parker, Peralta, Perkins, Rivera,
17 Sampson, Serrano, Squadron, Stavisky and
18 Stewart-Cousins.
19 Absent from voting: Senators
20 Little and Smith.
21 Ayes, 40. Nays, 17.
22 ACTING PRESIDENT FLANAGAN: The
23 bill is passed.
24 If all will rise, today's
25 invocation will be given by Rabbi Shmuel Butman,
1500
1 of the Lubavitch Youth Organization in Brooklyn,
2 New York.
3 Rabbi Butman.
4 RABBI BUTMAN: {in Hebrew}
5 Our heavenly Father, I ask You to
6 bestow Your benevolence upon all the members of
7 the New York State Senate. Give them Your
8 blessing for themselves, for their wives, for
9 their husbands, for their children, and for their
10 family. They should have good health, long life,
11 and time to do the right thing between man and
12 man and between God and God.
13 I understand that you are going to
14 pass a resolution commemorating 110 Days of
15 Education in the State of New York in honor of
16 the Rebbe's, Rabbi Menachem M. Schneerson's 110th
17 birthday.
18 The Rebbe cares about the education
19 of every child -- of the Jewish child, of the
20 American child, of the Italian child, of the
21 French child, of every child. The Rebbe always
22 said that he wants our children, all children of
23 the universe, to know that there is an Eye that
24 sees and an Ear that hears and that the world is
25 not a jungle.
1501
1 In Psalm 111 -- it's actually the
2 psalm that we start saying on the Rebbe's
3 birthday, because the Rebbe is now in his
4 111th year -- King David speaks about the need to
5 thank Almighty God for all the good things that
6 He does with us every single day, for the life
7 that He is giving us, for the sustenance that He
8 is giving us, for the families that He is giving
9 us.
10 You were elected not only by the
11 people of the State of New York, but you were
12 selected by Divine Providence, by Almighty God,
13 to be the representatives who legislate laws that
14 govern relationships between man and man and
15 between man and God.
16 You are the ones who are in charge
17 to make this world a better place. And indeed,
18 this is what you try to do in your daily lives.
19 I want you to know that in our
20 prayers every Saturday when we come to shul, we
21 come to our synagogues, we say a special prayer
22 for you. We say {in Hebrew}, which means "All of
23 those who serve the public faithfully." We ask
24 Almighty God to give you life, to give you
25 strength to continue to do good things.
1502
1 In 1999 I opened a much smaller
2 Senate room than this one, the United States
3 Senate in Washington, D.C. And before I went to
4 Washington, I went to see the Rebbe. And the
5 Rebbe said, "You should take a charity box with
6 you. And while you are offering the prayer, you
7 should put in a dollar in the charity box and
8 everyone should see what you are doing, and they
9 should know what money should be spent for."
10 I know over here you spent even
11 more money that they spent in Washington, so you
12 should know what money should be spent for. For
13 good things.
14 And I want to do the same. I want
15 to offer a dollar in the pushkeh, as the Rebbe
16 asked me to do. And I would like to invite
17 everyone to do the same. I don't want you to
18 think that this has to do with the budget
19 whatsoever. This is not going to help the
20 budget.
21 (Laughter.)
22 RABBI BUTMAN: This is going to
23 help, however, that we are doing an act of
24 goodness and kindness.
25 In that merit, may God bestow His
1503
1 blessing on you on a daily basis, for you and for
2 your families. And may you pass the budget
3 successfully today.
4 Thank you.
5 ACTING PRESIDENT FLANAGAN: Thank
6 you, Rabbi Butman.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Rabbi.
10 Mr. President, is there any further
11 business at the desk?
12 ACTING PRESIDENT FLANAGAN:
13 Senator Libous, there is none.
14 SENATOR LIBOUS: There being no
15 further business, I move that we adjourn -- only
16 after we put a dollar in the Rabbi's box -- until
17 Tuesday, March 27th, at 3:00 p.m.
18 ACTING PRESIDENT FLANAGAN: On
19 motion, the Senate stands adjourned until
20 Tuesday, March 27th, at 3:00 p.m.
21 (Whereupon, at 3:48 p.m., the Senate
22 adjourned.)
23
24
25