Regular Session - February 4, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 4, 2014

11                     3:22 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PATRICK M. GALLIVAN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT GALLIVAN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.  

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GALLIVAN:   In the 

10   absence of clergy, may we please bow our heads in 

11   a moment of silence.

12                (Whereupon, the assemblage respected 

13   a moment of silence.)

14                ACTING PRESIDENT GALLIVAN:   The 

15   reading of the Journal.  

16                The Secretary will read.

17                THE SECRETARY:   In Senate, Monday, 

18   February 3rd, the Senate met pursuant to 

19   adjournment.  The Journal of Friday, 

20   January 31st, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GALLIVAN:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


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 1                Messages from the Governor.

 2                Reports of standing committees.

 3                Reports of select committees.

 4                Communications and reports from 

 5   state officers.

 6                Motions and resolutions.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.  

10                On behalf of Senator Nozzolio, I 

11   move that the following bill be discharged from 

12   its respective committee, to be recommitted with 

13   instructions to strike the enacting clause.  And 

14   that would be Senate Print 3298.

15                ACTING PRESIDENT GALLIVAN:   So 

16   ordered.

17                SENATOR LIBOUS:   Mr. President, at 

18   this time I'd like to take up Senate Resolution 

19   3307, by Senator Stewart-Cousins, Senator Klein, 

20   Senator Skelos -- oh, before we do that, 

21   Mr. President, I want to move to adopt the 

22   Resolution Calendar, with the exception of 

23   Resolutions 3307 and 3356.

24                ACTING PRESIDENT GALLIVAN:   All in 

25   favor of adopting the Resolution Calendar, with 


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 1   the exception of Resolutions 3307 and 3356, 

 2   signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GALLIVAN:   

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT GALLIVAN:   The 

 8   Resolution Calendar is adopted.

 9                Senator Libous.

10                SENATOR LIBOUS:   Sorry about that, 

11   Mr. President.  But if you notice, Rebecca is not 

12   with me today, and I'm with Joe.  So you're all 

13   going to have to bear with us.

14                (Laughter.)

15                ACTING PRESIDENT GALLIVAN:   So 

16   noted.

17                SENATOR LIBOUS:   At this time, 

18   Mr. President, I'd like to take up 

19   Resolution 3307, by Senators Stewart-Cousins, 

20   Klein and Skelos.  I would like to ask that you 

21   read it in its entirety and then call on Senator 

22   Stewart-Cousins, please.

23                ACTING PRESIDENT GALLIVAN:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


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 1   Resolution Number 3307, by Senators 

 2   Stewart-Cousins, Klein and Skelos, memorializing 

 3   Governor Andrew M. Cuomo to proclaim 

 4   February 2014 as Black History Month in the State 

 5   of New York.  

 6                "WHEREAS, Black History Month, 

 7   previously known as Negro History Week, was 

 8   founded by Dr. Carter G. Woodson, and was first 

 9   celebrated on February 1, 1926; since 1976, it 

10   has become a nationally recognized month-long 

11   celebration, held each year during the month of  

12   February to acknowledge and pay tribute to 

13   African-Americans neglected by both society and 

14   the history books; and 

15                "WHEREAS, The month of February 

16   observes the rich and diverse heritage of our 

17   great state and nation; and  

18                "WHEREAS, Black History Month seeks 

19   to emphasize black history is American history; 

20   and 

21                "WHEREAS, Black History Month is a 

22   time to reflect on the struggles and victories of 

23   African-Americans throughout our country's 

24   history and to recognize their numerous valuable 

25   contributions to the protection of our democratic 


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 1   society in war and in peace; and 

 2                "WHEREAS, Some African-American 

 3   pioneers whose many accomplishments, all of which 

 4   took place during the month of February, went  

 5   unnoticed, as well as numerous symbolic events  

 6   in February that deserve to be memorialized 

 7   include:  John Sweat Rock, a noted Boston lawyer 

 8   who became the first African-American admitted to 

 9   argue before the U.S. Supreme Court on 

10   February 1, 1865, and the first African-American 

11   to be received on the floor of the U.S. House of 

12   Representatives; Jonathan Jasper Wright, the 

13   first African-American to hold a major judicial 

14   position, who was elected to the South Carolina 

15   Supreme Court on February 1, 1870; President 

16   Abraham Lincoln submits the proposed 

17   13th Amendment to the U.S. Constitution, 

18   abolishing slavery, to the states for 

19   ratification on February 1, 1865; civil rights 

20   protester Jimmie Lee Jackson dies from wounds 

21   inflicted during a protest on February 26, 1965, 

22   leading to the historic Selma, Alabama, civil 

23   rights demonstrations, including Bloody Sunday, 

24   in which 600 demonstrators, including Martin 

25   Luther King, Jr., were attacked by police; 


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 1   Autherine J. Lucy became the first 

 2   African-American student to attend the University 

 3   of Alabama on February 3, 1956, and was expelled 

 4   three days later 'for her own safety' in response 

 5   to threats from a mob; in 1992, Autherine Lucy 

 6   Foster graduated from the university with a 

 7   master's degree in education, the same day her 

 8   daughter, Grazia Foster, graduated with a 

 9   bachelor's degree in corporate finance; the 

10   Negro Baseball League was founded on February 3, 

11   1920; Jack Johnson, the first African-American 

12   World Heavyweight Boxing Champion, won his first 

13   title on February 3, 1903; and Reginald F. Lewis, 

14   born on December 7, 1942, in Baltimore, Maryland, 

15   received his law degree from Harvard Law School 

16   in 1968, and was a partner in Murphy, Thorpes & 

17   Lewis, the first black law firm on Wall Street, 

18   and in 1989 he became president and CEO of 

19   TLC Beatrice International Food Company, the 

20   largest black-owned business in the 

21   United States; and 

22                "WHEREAS, In recognition of the vast 

23   contributions of African-Americans, a joyful 

24   month-long celebration is held across New York  

25   State and across the United States with many 


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 1   commemorative events to honor and display the 

 2   cultural heritage of African-Americans; and 

 3                "WHEREAS, This Legislative Body 

 4   commends the African-American community for 

 5   preserving, for future generations, its 

 6   centuries-old traditions that benefit us all and 

 7   add to the color and beauty of the tapestry which 

 8   is our American society; now, therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to memorialize  

11   Governor Andrew M. Cuomo to proclaim 

12   February 2014 as Black History Month in the 

13   State of New York; and be it further 

14                "RESOLVED, That copies of this  

15   resolution, suitably engrossed, be transmitted  

16   to the Honorable Andrew M. Cuomo, Governor of the 

17   State of New York, and to the events 

18   commemorating Black History Month throughout 

19   New York State."

20                ACTING PRESIDENT GALLIVAN:   Senator 

21   Stewart-Cousins.

22                SENATOR STEWART-COUSINS:   Thank 

23   you, Mr. President.  

24                I do rise to acknowledge this month 

25   as Black History Month.  And I usually like to 


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 1   remind people of the conveniences in our lives 

 2   that are there because of black inventors and 

 3   black initiative.  I was thinking of Frederick 

 4   Jones, who in 1949 created the air-conditioning 

 5   unit, the very first one.  And in 1899, 

 6   W.H. Richardson gave us the baby carriage, 

 7   something that I'm sure Ms. Wood will be happy to 

 8   use.  J.L. Love, in 1897, the pencil sharpener.  

 9   And Thomas Stewart -- I can't say that we're 

10   related, but you never know -- invented the mop 

11   in 1893.  

12                There are scores of things that we 

13   take for granted every single day of our lives 

14   that no one will ever know but for moments like 

15   this, weeks like this, months like this where we 

16   can unveil the inventiveness and the genius of 

17   the African-American community, as we certainly 

18   acknowledge the culture and the contributions of 

19   every other community.

20                Today also I rise because it is the 

21   101st anniversary of Rosa Parks, and this is her 

22   birthday.  So it would be fitting on this day to 

23   acknowledge the great Rosa Parks and what she did 

24   in 1955 that changed not only Montgomery, 

25   Alabama, but began a movement that changed our 


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 1   country and changed the world.

 2                In fact, the New York Times 

 3   actually, in their editorial about Ms. Parks -- 

 4   the quote was:  "In a single moment, with the 

 5   simplest of gestures, she changed America and the 

 6   world."  Doing one small thing reverberated 

 7   nationally and internationally, changed the 

 8   plight of a people.  This was a woman who was 

 9   born to former slaves.  And again, she was born 

10   in 1913.  

11                I always like to contextualize it 

12   because you see how far so many have come and how 

13   difficult the path has been.  When Rosa began 

14   with that single act, ultimately it changed 

15   everything.  But for her personally, and her 

16   husband, it changed things as well.  She was 

17   immediately fired from her job.  Her husband was 

18   immediately fired from his job because of the 

19   things that they had done.  Her husband was fired 

20   because he should not be allowed to speak about 

21   his wife's case.  They eventually moved from 

22   Montgomery to Detroit, where she worked for 

23   Representative John Conyers.  

24                I thinking that, again, these days, 

25   weeks and months allow us to remember the 


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 1   greatness.  Last month we talked about 

 2   Nelson Mandela and Dr. King, and I think everyone 

 3   in this chamber realizes the beautiful thread of 

 4   how African-American history is American 

 5   history.  And I think later today we'll talk 

 6   about Pete Seeger, whose protest songs played so 

 7   much into the struggle and the winning of the 

 8   struggles around the Civil Rights Era.  

 9                So I thank you for recognizing 

10   African-American History Month.  Thank you very 

11   much.  

12                ACTING PRESIDENT GALLIVAN:   The 

13   question is on the resolution.  All in favor 

14   signify by saying aye.

15                Senator Hassell-Thompson.

16                SENATOR HASSELL-THOMPSON:   Thank 

17   you, Mr. President.  

18                I rise to congratulate my leader, 

19   Senator Andrea Stewart-Cousins, on her 

20   presentation of this resolution.  It seems that, 

21   as she just said, these last few weeks have been 

22   an extraordinary time to recognize the 

23   contributions of African-Americans across the 

24   continent, wherever they might be in the 

25   diaspora.  


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 1                And I certainly want to lend my 

 2   support to that conversation.  I lived in a time 

 3   when it was Negro History Week.  And certainly we 

 4   have come a long way to a self-definition.  And 

 5   it is no longer "black history," but actually 

 6   it's African-American history.  And it's 

 7   important that people be allowed to define 

 8   themselves, as opposed to giving the power of 

 9   definition to someone else.

10                In this chamber I know that were it 

11   not for many of the struggles of all of the 

12   people that we have revered here, I would not be 

13   standing behind this desk -- the opportunities 

14   that are afforded to me as a woman who represents 

15   the 36th Senatorial District, with over 318,000 

16   people, where 96 languages are spoken every day 

17   in the streets of my district, and to represent 

18   an extraordinary group of people who come to this 

19   country and depend upon the struggles of the 

20   African-American community to make sure that 

21   everyone who comes has equal opportunity.  

22                And so as we each year commemorate 

23   and look at those who have made extraordinary 

24   history, know that we make history in this 

25   chamber every day.  When we do the right thing, 


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 1   when we ask for social justice, when we seek 

 2   economic justice for all of the people that we 

 3   serve, then we are a part of the fabric that 

 4   makes us a great nation.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GALLIVAN:   The 

 7   question is on the resolution.  All in favor 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GALLIVAN:    

11   Opposed, nay.

12                (No response.)

13                ACTING PRESIDENT GALLIVAN:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, 

17   Resolution 3287, by Senator Grisanti, was 

18   previously adopted.  If we could read the title 

19   and then call on Senator Grisanti, please.

20                ACTING PRESIDENT GALLIVAN:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 3287, by Senator Grisanti, 

24   memorializing Governor Andrew M. Cuomo to 

25   proclaim February 5, 2014, as New York State 


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 1   Girls and Women in Sports Day.

 2                ACTING PRESIDENT GALLIVAN:   Senator 

 3   Grisanti.

 4                SENATOR GRISANTI:   Thank you.  

 5                Ladies and gentlemen, we previously 

 6   adopted this resolution dealing with National 

 7   Girls and Women in Sports Day.  It's a program 

 8   that started in 1987, has evolved into a day 

 9   devoting to acknowledging the past 

10   accomplishments of female athletes, recognizing 

11   current sports achievements, and pointing out the 

12   many positives of participating in sports and 

13   highlighting the continuing struggles for 

14   equality and access for women in sports.  

15                National Girls and Women in Sports 

16   Day is celebrated in all 50 states, including 

17   here in New York.  There's going to be various 

18   community-based events.  I ask you, when you go 

19   back in your districts, to look for those events 

20   that are going to taking place and to join in.  

21   There's awards ceremonies, special activities 

22   honoring the achievements of female athletes all 

23   across the state, and encouraging all women to 

24   participate in sports.

25                It's organized by five topnotch 


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 1   organizations:  USA Girl Scouts, Girls 

 2   Incorporated, the National Association for Girls 

 3   and Women in Sports, the National Women's Law 

 4   Center, and the Women's Sports Foundation.  They 

 5   have been in existence, these five organizations, 

 6   for over 600 years and have a total membership of 

 7   5.6 million girls.  

 8                It has been proven that the bonds 

 9   between girls and women through athletics helps 

10   break the barriers, the social barriers such as 

11   prejudice and racism, as it helps foster 

12   important life skills such as communication and 

13   cooperation.  

14                This year's theme for the National 

15   Girls and Women in Sports Day is "Blazing the 

16   Trail and Passing the Torch."  According to Alex 

17   Sahlen -- she serves as the president of the 

18   Sahlen Sports Park in the town of Elma in Western 

19   New York and is also the managing partner and 

20   player of the Western New York Flash, which is a 

21   very successful women's professional soccer 

22   team -- "The National Girls and Women in Sports 

23   Day is a day to celebrate the increasing 

24   possibilities of where sports can take women and 

25   how women can make a difference through our 


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 1   sports and participation."  

 2                Alex has not only been fortunate 

 3   enough to make sports a profession, but she's 

 4   been able to teach and share the positive 

 5   influence of sports through numerous training 

 6   programs at the Sahlen Sports Park in Western 

 7   New York.  

 8                So as a state legislator I ask all 

 9   my colleagues here to take great pride in the 

10   success that the New York Flash has, that this 

11   organization has a positive influence on women.  

12   And it is people like Alex Sahlen who help make 

13   the positive impact on many of our young girls, 

14   not just today on National Girls and Women in 

15   Sports Day, but every day that it's here in the 

16   local Sahlen's Park.  

17                And I urge you to have your staff to 

18   look and see what events taking place this year.  

19   I'd like to say I'm honored to serve the 

20   constituencies in my district who are dedicated 

21   to this inclusion of women in athletics I look 

22   forward to recognizing.  And I'm glad to 

23   everybody that this resolution was adopted on 

24   February 5th.  

25                Thank you very much.  Safe travels.


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 1                ACTING PRESIDENT GALLIVAN:   Any 

 2   other members wishing to be heard on 

 3   Resolution Number 3287?  

 4                (No response.)

 5                ACTING PRESIDENT GALLIVAN:   As 

 6   noted, this resolution was previously adopted on 

 7   January 28, 2014.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Mr. President, if 

10   we could go back to Resolution 3307, by Senator 

11   Stewart-Cousins, she would like to open that up 

12   for cosponsorship.  

13                So as the rule of the house goes, 

14   all members will be put on the resolution.  

15   Unless for any reason someone wishes or chooses 

16   not to, then they should let the desk know.

17                ACTING PRESIDENT GALLIVAN:    

18   Resolution 3307 is open for cosponsorship.  If 

19   you don't wish to be a cosponsor, notify the 

20   desk.

21                Senator Libous.

22                SENATOR LIBOUS:   Mr. President, 

23   Resolution Number 3356, by Senator Stavisky, 

24   could we please have the title read and then call 

25   on Senator Stavisky.


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 1                ACTING PRESIDENT GALLIVAN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 3356, by Senator Stavisky, 

 5   mourning the death of Ariel Sharon, former 

 6   president of Israel, celebrated military leader, 

 7   public official, and statesman.

 8                ACTING PRESIDENT GALLIVAN:   Senator 

 9   Stavisky.

10                SENATOR STAVISKY:  Yes, thank you, 

11   Mr. President.

12                Henry Kissinger had an interesting 

13   comment about Ariel Sharon.  He called him a 

14   fierce warrior.  

15                In 2002, I participated in a program 

16   sponsored by the Israeli government in Jerusalem 

17   where I served on a panel on education.  But as 

18   part of that program, we were invited to meet 

19   with a number of governmental leaders in Israel, 

20   and Ariel Sharon was one of the people.  He was 

21   prime minister at the time, and he met with us.  

22                And I normally don't take notes at 

23   these meetings, but I felt this was such an 

24   unusual situation that I did take notes.  And my 

25   notes say -- and I miraculously found them -- "We 


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 1   met with Prime Minister Ariel Sharon in his 

 2   office on January 8th."  

 3                And I wrote:  "He is a jovial 

 4   grandfatherly general who spent 28 years in the 

 5   army.  Mr. Sharon spent 45 minutes talking about 

 6   the millions of people who came to Israel to 

 7   build the country with a plow in one hand and a 

 8   sword in the other.  He told us that he grew up 

 9   on a farm and is looking forward to spending more 

10   time riding his horse, and that his only ambition 

11   was to bring security and peace to the people of 

12   Israel.  As one who has seen the horrors of war, 

13   he understands more than many politicians the 

14   importance of peace.  He described his beloved 

15   nation as one consisting of people from 

16   102 countries speaking 82 languages."

17                I was thinking of Queens County at 

18   the time, which is even more diverse.

19                So I ask that the resolution be open 

20   for sponsorship and invite my colleagues to join 

21   us in mourning the death of Ariel Sharon.

22                Thank you.

23                ACTING PRESIDENT GALLIVAN:   Any 

24   other member wishing to be heard on the 

25   resolution?


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 1                SENATOR LIBOUS:   Mr. President, I 

 2   believe the Senator would like to open this up 

 3   for cosponsorship.  So if one someone wishes not 

 4   to be on, let the desk know, please. 

 5                ACTING PRESIDENT GALLIVAN:   The 

 6   question is on the resolution.  All in favor 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GALLIVAN:    

10   Opposed, nay.

11                (No response.)

12                ACTING PRESIDENT GALLIVAN:   The 

13   resolution is adopted.  

14                Everybody will be placed on this 

15   resolution as a cosponsor.  If you do not wish to 

16   be a cosponsor, please notify the desk.

17                Senator Libous.

18                SENATOR LIBOUS:   Could we now take 

19   up the reading of the noncontroversial calendar.

20                ACTING PRESIDENT GALLIVAN:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 35, 

23   by Senator Gallivan, Senate Print 90A, an act to 

24   amend the Environmental Conservation Law.

25                ACTING PRESIDENT GALLIVAN:   Read 


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 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

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

 4   same manner as Section 21 of Part R of Chapter 58 

 5   of Laws of 2013.

 6                ACTING PRESIDENT GALLIVAN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 54.  Nays, 

10   1.  Senator Serrano recorded in the negative.

11                ACTING PRESIDENT GALLIVAN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 59, 

14   by Senator Libous, Senate Print 966, an act to 

15   amend the Social Services Law.

16                ACTING PRESIDENT GALLIVAN:   Read 

17   the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect February 22, 2014.

20                ACTING PRESIDENT GALLIVAN:   Senator 

21   Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.  I just want to speak for a couple 

24   of moments on this piece of legislation.

25                This is the Public Assistance 


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 1   Integrity Act.  And this legislation is designed 

 2   to help people in need.  It's designed to help 

 3   people who are receiving benefits with the EBT 

 4   card and certainly to go after the fraud for 

 5   those individuals who are abusing it.

 6                Now, the majority of the people are 

 7   not abusing it.  But there are people who are 

 8   abusing it.  And what this bill will do is make 

 9   sure that this card cannot be used at places such 

10   as casinos or strip clubs, as it's been tracked, 

11   or out of state at various resorts.  

12                We learned most recently that almost 

13   $9 million was spent on lavish vacations -- ski 

14   resorts, island resorts -- with folks that had 

15   the card.  That was not the intent of the cash 

16   benefit.  The intent of the cash benefit is to 

17   provide for families that need assistance to get 

18   back on their feet, to buy diapers for children, 

19   to buy aspirin, to buy toothpaste -- not to be 

20   used at a strip club or to buy cigarettes or 

21   beer.

22                The other piece of this legislation 

23   that is critical is that if we pass this 

24   legislation -- and this house will pass it 

25   today -- and the other house does the same, 


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 1   New York State will not lose $122 million in 

 2   additional benefits.  That's something that the 

 3   federal government has said that if the bill is 

 4   not passed.

 5                Mr. President, I had earlier today 

 6   at a press conference a young lady, Sarah Fish, 

 7   her name is.  She was on public assistance.  She 

 8   needed it for a period of time because she had 

 9   some trouble in her life.  She said that she was 

10   homeless for a period of time and then she was 

11   able to get back on her feet.  That's what this 

12   is all about.  She now owns a business in Troy, a 

13   restaurant.  She very successfully pays taxes and 

14   is an active part of the Troy community.  

15                That's what we're trying to 

16   accomplish here.  We want to create opportunity 

17   for people who need the program.  We don't want 

18   people to abuse the program and take it away from 

19   those who are in need.

20                So, Mr. President, I am pleased that 

21   this bill will pass today.  I would only ask that 

22   the Assembly please take some action because we 

23   could be jeopardizing some $122 million in TANF 

24   funds if they don't act.

25                ACTING PRESIDENT GALLIVAN:   Call 


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 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GALLIVAN:   Senator 

 4   Sanders to explain his vote.

 5                SENATOR SANDERS:   Mr. President, 

 6   while I agree with my esteemed colleague that 

 7   something needs to be done here, that any abuse 

 8   of such a worthy program needs to be stamped out, 

 9   this program is a lifeline to many Americans and 

10   we need to keep it that way as pristine as 

11   possible.

12                I just have a note of caution about 

13   the punishment, the penalty.  We may end up 

14   penalizing the children.  If you take away a 

15   person's ability to eat for a month, bad enough 

16   for that person, but then you're really talking 

17   about their children.  

18                If the penalties said that that 

19   individual had to do some public service or 

20   something of that nature that would not hurt the 

21   children, I would be in full agreement.  And I 

22   urge my colleague to consider he may get another 

23   chance at it as the day goes on.  And if it does, 

24   I look forward to working with him to make sure 

25   that we get exactly the person that we want to 


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 1   get, and not the children.  

 2                And on that, I'm going to vote no, 

 3   not because it's not a great idea but because of 

 4   the law of unintended consequences may play 

 5   itself out.  

 6                Thank you very much.

 7                ACTING PRESIDENT GALLIVAN:   Senator 

 8   Sanders to be recorded in the negative.

 9                Senator Bonacic to explain your 

10   vote.

11                SENATOR BONACIC:   Thank you, 

12   Mr. President.

13                I'd like to thank Senator Libous for 

14   his persistence.  This is the third year in a row 

15   that he's put this legislation forward.  And it's 

16   hard for me to understand the justification on 

17   how anyone could keep supporting those 

18   individuals that commit fraud and waste for a 

19   very good purpose, where people need basic 

20   necessities in life, and you deprive those that 

21   are in the greatest need of getting that money.

22                I saw some of the records.  There's 

23   close to $9 million of this abuse being spent 

24   outside the State of New York with this benefit 

25   card -- in Vegas, in Atlantic City, out in 


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 1   California.  

 2                And when we talk about we're hurting 

 3   the children, I think the children in a household 

 4   watch what their parents do.  They learn, either 

 5   properly or not properly, by the actions of their 

 6   parents.  And if parents are committing fraud and 

 7   waste and no accountability, then the children 

 8   are going to get the wrong message.

 9                And the other thing that's 

10   disturbing is that the federal government has 

11   said if the Assembly does not pass this 

12   legislation by February 22nd, the state loses 

13   $122 million of federal funds.  Now, that's scary 

14   for the Assembly not to act.  I don't understand 

15   their mindset in not addressing this very 

16   important issue that Senator Libous puts forward.

17                In the budget proposal of 

18   Governor Cuomo there is language that corrects 

19   this for the Assembly's failure to act.  But I 

20   don't know if the federal government will accept 

21   a delay that we don't meet that deadline.

22                So I'm hopeful that Governor Cuomo, 

23   acting like a responsible adult and not wanting 

24   to lose the $122 million, and when we have a 

25   budget on time, this problem will be cured and 


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 1   hopefully we would have saved the state taxpayers 

 2   $122 million.  

 3                Thank you, Senator Libous.  Thank 

 4   you, Mr. President.

 5                ACTING PRESIDENT GALLIVAN:   Senator 

 6   Bonacic to be recorded in the affirmative.

 7                Senator Grisanti.

 8                SENATOR GRISANTI:   Thank you.  

 9                I too want to commend Senator Libous 

10   for moving this legislation forward these past 

11   couple of years.  

12                And quite simply, it has to be done 

13   for two reasons.  And Senator Libous apparently 

14   has known about this, as well as we have in this 

15   Senate conference.  And as Senator Bonacic said, 

16   the Assembly does not get it.  You comply with 

17   the federal standards that were put in place in 

18   2012 or you lose $122 million.  It's that 

19   simple.  How irresponsible, how irresponsible can 

20   the Assembly be for not getting this done the 

21   last two years if you don't want to lose 

22   $122 million.

23                We also want to pass it to stop the 

24   fraud and abuse in the Medicaid system, which is 

25   taxpayer dollars, not only in this legislation 


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 1   but there's others.  There's others that we must 

 2   put forward and do to stop, in my opinion, and 

 3   what I've seen in documentation, over $1 billion 

 4   in fraud in the Medicaid system, a system that 

 5   spends twice as much as California and Texas 

 6   combined.

 7                A billion dollars in fraud.  Those 

 8   funds can go to programs with need.  You could 

 9   reduce the state tax on gasoline, and you could 

10   help with our infrastructure, you could put 

11   housing up for people with disabilities.  That's 

12   what a billion dollars gets you.  But for the 

13   Assembly to want to lose $122 million and not do 

14   anything, that's absolutely absurd.  

15                Again, I applaud Senator Libous.  We 

16   are not taking any benefits away.  We are 

17   stopping the abuse that has existed for long 

18   enough for our taxpayers and their dollars.  So I 

19   vote aye.

20                ACTING PRESIDENT GALLIVAN:    

21   Senator Grisanti to be recorded in the 

22   affirmative.

23                Senator Nozzolio to explain his 

24   vote.

25                SENATOR NOZZOLIO:   Mr. President, I 


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 1   rise as a supporter and cosponsor of this 

 2   legislation.  I rise with sadness that it's 

 3   necessary legislation.  It's necessary to prevent 

 4   the victimization of those families who are on 

 5   public assistance but have the head of the 

 6   household use those funds for purposes that are 

 7   not intended.  

 8                To support the family, to support 

 9   the care and feeding of the family, that's what 

10   these funds should be used for.  They shouldn't 

11   be used for buying alcohol, spending time at 

12   nightclubs, gambling away the taxpayers' 

13   dollars.  That to me, Mr. President, is 

14   unconscionable use of our taxpayers' funds.  

15   Thousands of the taxpayers in my district agree 

16   that it is an egregious use of taxpayers' funds 

17   and must be stopped.  

18                This legislation, sponsored by 

19   Senator Libous, does just that, stops this abuse 

20   of taxpayers' dollars and ensures, in so doing, 

21   two things.  First and foremost, that monies 

22   allocated for helping people who need help will 

23   go to those people who need help the most, the 

24   children who need meals, the children who need 

25   housing, the children who need decent 


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 1   clothing.  That's what is the intention of the 

 2   law, and that's what this provision is necessary 

 3   to prevent the diversion of those funds.

 4                Also, Mr. President, it is noted 

 5   hundreds of millions of dollars are at risk from 

 6   the federal government.  The federal government 

 7   recognizes that states need to close these 

 8   loopholes to protect the taxpayers' dollars.  We 

 9   have a deadline to meet.  This legislation meets 

10   that deadline.  It does so in a prudent way.  It 

11   does so to protect our taxpayers' resources.  It 

12   does so to protect those innocent children and 

13   families who may otherwise see monies diverted, 

14   and especially the hardworking taxpayers of this 

15   state.  

16                It's absolutely necessary 

17   legislation.  I support it, Mr. President, 

18   fully.  My constituents support it.  The citizens 

19   of this state support it.  The Senate and 

20   Assembly should do the same.

21                ACTING PRESIDENT GALLIVAN:   Senator 

22   Nozzolio to be recorded in the affirmative.

23                Senator Robach.

24                SENATOR ROBACH:   Yes, just very 

25   briefly, Mr. President.


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 1                I too want to applaud Senator Libous 

 2   and think this is very commonsense and needed 

 3   legislation for three simple reasons.  First and 

 4   foremost, no question, this to me is a bill about 

 5   protecting children and making sure the resources 

 6   that this state has that it wants to go to kids 

 7   get them for the right purposes, and that is food 

 8   and clothing.  

 9                We talk about it a lot, we are one 

10   of the most generous states.  But even with that, 

11   we know kids don't get served.  This is one thing 

12   that aids or assists or allows kids to have the 

13   money spent on them the way it should, and we owe 

14   that to them first and foremost.  

15                Secondly, as Senator Bonacic pointed 

16   out, even more money will be lost that could go 

17   to those programs from the federal government if 

18   we don't act.  

19                And lastly, what no one's really 

20   brought up yet, or at least directly, recently I 

21   was on a radio program when the Governor 

22   announced his support for legislation of this 

23   subject matter.  And actually the taxpaying 

24   public was shocked to know that was even legal in 

25   the first place and wanted to know how that 


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 1   loophole could even exist.

 2                So this will really do three 

 3   things.  It will protect children and make sure 

 4   money's spent on them for the basic necessities 

 5   they need and deserve.  It will comply with the 

 6   federal government so we have more money.  And it 

 7   will appease, I think, the public, who's shocked 

 8   that we're not already doing that for the benefit 

 9   of the children with their hard-earned tax 

10   dollars.  

11                So I hope that we're not only going 

12   to pass this here today but, with the Governor's 

13   help and working together, the Assembly will act 

14   on this also and it will certainly go a long way 

15   for putting integrity in the system and having 

16   those resources be used for what they were 

17   designed, the children of this state, not the 

18   entertainment, good or bad, of adults.

19                Thank you, Mr. President.  I vote in 

20   the affirmative.

21                ACTING PRESIDENT GALLIVAN:   Senator 

22   Robach to be recorded in the affirmative.

23                Senator Hassell-Thompson.

24                SENATOR HASSELL-THOMPSON:   Thank 

25   you, Mr. President.  


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 1                I've listened for several years as 

 2   we have bandied this bill back and forth.  And 

 3   each time I have voted no, and today I will be 

 4   voting no.  And I will continue to tell you why.

 5                I listened particularly to the last 

 6   three speakers, who talk about how this bill will 

 7   protect children.  And yet there's nothing in the 

 8   language that says that they will protect 

 9   children.  If parents expend inappropriately 

10   their funds, there's nothing in here that says 

11   that the money that should go for children will 

12   in fact be given to a secondary person in order 

13   to ensure that that happens.  

14                And so I don't see how this bill 

15   protects children.  I think that your intent is 

16   great, and I have no problem trying to ensure 

17   that taxpayer dollars are not inappropriately 

18   spent and the money that is supposed to go to 

19   families in need does so.  There is nothing in 

20   this bill, however, that says if parents are 

21   irresponsible, frivolous or whatever and use the 

22   money inappropriately, that the children will be 

23   protected.  

24                And I've asked each time to work on 

25   the bill to ensure that that's what happens.  And 


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 1   I think that there are many of my colleagues in 

 2   the Assembly who see it the same way that I do.  

 3   If we are really intent on protecting and helping 

 4   the children, then put a codicil in the will, if 

 5   you will, that says the children will be 

 6   protected because that money will not be diverted 

 7   from that family in need but through a secondary 

 8   person to ensure that the needs of the children 

 9   are met.

10                So, Mr. President, again I will be 

11   voting no.

12                ACTING PRESIDENT GALLIVAN:   Senator 

13   Hassell-Thompson to be recorded in the negative.

14                Senator Zeldin to explain his vote.

15                SENATOR ZELDIN:   I strongly support 

16   the Public Assistance Integrity Act.  I'm proudly 

17   a cosponsor of this legislation, which is a bill 

18   about protecting tax dollars.  It's about 

19   accountability of funds.  

20                There are people elected who serve 

21   in office who believe that they can do a better 

22   job spending the taxpayers' dollars than 

23   taxpayers can themselves.  It is important for us 

24   in government to be strong stewards of tax 

25   dollars, to make sure that they are spent 


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 1   responsibly and that they go towards the people 

 2   that it's meant to help.  

 3                The fact that EBT cards can be used 

 4   to purchase alcohol, tobacco, Lotto tickets is 

 5   totally unacceptable to me.  It's unacceptable, 

 6   it really should be, to all of us.  When money is 

 7   being misspent and not going to its intended 

 8   purpose, it is our duty to stand up and do 

 9   something about it.  

10                The Public Assistance Integrity Act, 

11   under the leadership of Senator Libous, who 

12   sponsored this bill, is something that hopefully 

13   the Assembly will follow our lead on and the 

14   Governor will sign into law.  This is a bill that 

15   is about protecting taxpayer dollars.  Anyone who 

16   opposes it really needs to think twice.  

17                Thank you, and again I vote aye.  

18   And I hope all my colleagues will as well.

19                ACTING PRESIDENT GALLIVAN:   Senator 

20   Zeldin to be recorded in the affirmative.

21                Senator Larkin.

22                SENATOR LARKIN:  Thank you, 

23   Mr. President.  

24                You know, we've heard back and forth 

25   yeses, no votes.  This bill is about two things, 


                                                               308

 1   responsibility and accountability.  And the 

 2   federal government said to us, Be responsible.  

 3   Because if you're not, we're going to take the 

 4   accountability to the tune of $122 million for 

 5   you.

 6                You know, some people will say, 

 7   Well, what about the children?  We don't give the 

 8   check to the children.  We give it to their 

 9   family.  We give the family the entrust of taking 

10   this money and use it wisely for your family.  We 

11   heard today at a press conference of a lady who 

12   was down and out and picked up her boots, did the 

13   right thing and now is gainfully employed in a 

14   business of her own.

15                Let's look at this really.  Somebody 

16   in the other house last year, when we were 

17   talking about it, said it's their money.  It is 

18   not their money.  It's the taxpayers' money of 

19   this state.  

20                Over this past weekend, this 

21   $120 million happened to be on some news column.  

22   We had 50 calls yesterday and today:  Why aren't 

23   you passing this bill?  Why are you destroying my 

24   life by taking my dollars and giving it to 

25   irresponsible people?


                                                               309

 1                Now, someone said we're not taking 

 2   care of the children.  We are.  We give you that 

 3   money.  And if you don't do right by taking care 

 4   of your children, that's your fault.

 5                We need to start worrying about the 

 6   taxpayers.  Because those who take this and abuse 

 7   it don't deserve to get it.  Maybe there's a 

 8   question about who should control their 

 9   children.  This is a serious matter.  But 

10   remember two things:  responsibility and 

11   accountability.  

12                And, you know, you can dance around 

13   all of this and they say, Well, we can do 

14   administration.  Let me tell you something.  If 

15   the federal government thought you could do it 

16   administratively, they would have been the first 

17   one in line saying make an administrative order.  

18   They understand there are states that have made 

19   it administrative.  But the ones that are working 

20   at it and making it right have laws.  

21                Why are you ashamed or afraid to 

22   make somebody who gets your taxpayers' money, 

23   make them accountable?  Why should I pay for 

24   someone to go to a spa?  Why should I spend 

25   someone to go to a night culture or a strip club 


                                                               310

 1   or whatever else they want?  You want to do 

 2   that?  Find your own money.  Don't use mine or my 

 3   constituents' tax dollars.

 4                ACTING PRESIDENT GALLIVAN:   Senator 

 5   Larkin to be recorded in the affirmative.

 6                Senator Ranzenhofer.

 7                SENATOR RANZENHOFER:   Thank you, 

 8   Mr. President.  

 9                I'd also like to join in thanking my 

10   colleague Senator Libous for again advancing this 

11   legislation.  

12                I also want to thank the thousands 

13   of people across my district who have had the 

14   opportunity to weigh in on this issue.  And they 

15   are very clear that they want this act passed 

16   today.

17                This is all about responsibility and 

18   really about common sense.  Money which is 

19   supposed to be used for heat, for paper products, 

20   and to help families should not be used for 

21   booze, cigarettes, lottery tickets and gambling.  

22   It's plain and simple.  

23                And the fact is that what we are 

24   debating today are the exact same restrictions 

25   that are in place right now for SNAP, for the 


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 1   food stamps.  These are the restrictions that 

 2   govern that program.  They've been in existence 

 3   for a number of time.  It makes common sense to 

 4   apply those same restrictions, which are in 

 5   effect, which make sense, which people are 

 6   abiding by, for this type of assistance as well.

 7                On behalf of the nearly 300,000 

 8   residents in my district who have spoken out very 

 9   clearly on this issue, I vote in favor of this 

10   act.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT GALLIVAN:    

13   Announce the result.

14                THE SECRETARY:   In relation to 

15   Calendar Number 59, those recorded in the 

16   negative are Senators Hassell-Thompson, Hoylman, 

17   Sanders and Squadron.

18                Ayes, 53.  Nays, 4.

19                ACTING PRESIDENT GALLIVAN:   The 

20   bill is passed.

21                The Secretary will continue to read.

22                THE SECRETARY:   Calendar Number 63, 

23   by Senator Golden, Senate Print 2096, an act to 

24   amend the Public Authorities Law.

25                ACTING PRESIDENT GALLIVAN:   Read 


                                                               312

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GALLIVAN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 55.  Nays, 

 8   2.  Senators Hassell-Thompson and Hoylman 

 9   recorded in the negative.

10                ACTING PRESIDENT GALLIVAN:   The 

11   bill is passed.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  

15                Before I ask if there's any further 

16   business at the desk, I have a couple of 

17   announcements.

18                The Cultural Affairs, Tourism, Parks 

19   and Recreation committee will meet immediately 

20   after session in Room 332 of the Capitol.  That's 

21   the Cultural Affairs, Tourism, Parks and 

22   Recreation, immediately after session in Room 332 

23   of the Capitol.  

24                The Mental Health Committee will 

25   meet in 816 LOB immediately following session.  


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 1   That's the Mental Health Committee, in Room 816 

 2   in the Legislative Office Building, immediately 

 3   following session.

 4                Mr. President, is there any further 

 5   business at the desk at this time?  

 6                ACTING PRESIDENT GALLIVAN:   There 

 7   is no further business at the desk, 

 8   Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                There being no further business, I 

12   move that we adjourn until Monday, February 10th, 

13   at 3:00 p.m., intervening days being legislative 

14   days.

15                ACTING PRESIDENT GALLIVAN:   On 

16   motion, the Senate stands adjourned until Monday, 

17   February 10th, at 3:00 p.m., intervening days 

18   being legislative days.

19                (Whereupon, at 4:05 p.m., the Senate 

20   adjourned.)

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