Regular Session - June 3, 2014
3065
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 3, 2014
11 10:11 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR TONY AVELLA, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3066
1 P R O C E E D I N G S
2 ACTING PRESIDENT AVELLA: 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 AVELLA: In the
10 absence of clergy, may please we bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT AVELLA: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Monday,
17 June 2nd, the Senate met pursuant to
18 adjournment. The Journal of Sunday, June 1st,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT AVELLA: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
3067
1 THE SECRETARY: On page 27, Senator
2 Bonacic moves to discharge, from the Committee on
3 Judiciary, Assembly Bill Number 9576 and
4 substitute it for the identical Senate Bill
5 Number 7078, Third Reading Calendar 427.
6 ACTING PRESIDENT AVELLA:
7 Substitution so ordered.
8 THE SECRETARY: On page 59, Senator
9 Savino moves to discharge, from the Committee on
10 Local Government, Assembly Bill Number 7018 and
11 substitute it for the identical Senate Bill
12 Number 4824, Third Reading Calendar 884.
13 ACTING PRESIDENT AVELLA:
14 Substitution so ordered.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 SENATOR LIBOUS: Mr. President,
22 before we do motions, if the members could just
23 kind of pay attention. There's going to be two
24 committees called immediately, and then at some
25 point we're going to do Rules. But we have to
3068
1 have these committee meetings first.
2 The first one will be the
3 Health Committee. The Health Committee will meet
4 immediately in Room 332. That's the Health
5 Committee. You will meet immediately in
6 Room 332.
7 After the Health Committee, Local
8 Governments will meet in Room 332. After the
9 Health Committee, Local Governments will meet in
10 332.
11 And those are the two committee
12 meetings. So Health Committee right now in 332,
13 and Local Governments to follow in 332.
14 ACTING PRESIDENT AVELLA: There
15 will be an immediate meeting of the Health
16 Committee in Room 332, followed immediately by
17 the Local Government Committee in the same room.
18 SENATOR LIBOUS: And,
19 Mr. President, Senator Hannon has come up with a
20 very good point. I will let members know that
21 after session, Transportation will meet and Labor
22 will meet. And we'll give you the actual
23 locations at the end of session.
24 So after session, Transportation and
25 Labor will meet.
3069
1 And if, Mr. President, at this point
2 in time you could call on Senator Valesky and
3 then back to me, I would appreciate it.
4 ACTING PRESIDENT AVELLA: Senator
5 Valesky.
6 SENATOR VALESKY: Thank you,
7 Mr. President.
8 On page 66, I offer the following
9 amendments to Calendar Number 964, Senate Bill
10 6847, and I ask that said bill retain its place
11 on the Third Reading Calendar.
12 ACTING PRESIDENT AVELLA: So
13 ordered.
14 Senator Libous.
15 SENATOR LIBOUS: Mr. President, on
16 behalf of Senator Nozzolio, I move to recommit
17 Senate Print Number 4054A, Calendar Number 244 on
18 the order of third reading, to the Committee on
19 Consumer Protection, with instructions to said
20 committee to strike the enacting clause.
21 ACTING PRESIDENT AVELLA: So
22 ordered.
23 SENATOR LIBOUS: Mr. President, a
24 very important one. On behalf of Senator Libous,
25 on page 31 I offer the following amendments to
3070
1 Calendar Number 505, Senate Print 6769B, and ask
2 that said bill retain its place on the Third
3 Reading Calendar.
4 ACTING PRESIDENT AVELLA: So
5 ordered.
6 SENATOR LIBOUS: Mr. President, at
7 this time I would like to take up the reading of
8 the noncontroversial calendar.
9 ACTING PRESIDENT AVELLA: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number 62,
12 by Senator Zeldin, Senate Print 1687A, an act to
13 amend the Public Authorities Law.
14 ACTING PRESIDENT AVELLA: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT AVELLA: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AVELLA: Announce
22 the result.
23 THE SECRETARY: Ayes, 45.
24 ACTING PRESIDENT AVELLA: The bill
25 is passed.
3071
1 THE SECRETARY: Calendar Number
2 168, by Senator Young, Senate Print 4396A, an act
3 to amend the Soil and Water Conservation
4 Districts Law.
5 ACTING PRESIDENT AVELLA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT AVELLA: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT AVELLA: Announce
13 the result.
14 THE SECRETARY: Ayes, 45.
15 ACTING PRESIDENT AVELLA: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 257, by Senator Young, Senate Print 4356A, an act
19 to amend the Soil and Water Conservation
20 Districts Law.
21 ACTING PRESIDENT AVELLA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AVELLA: Call the
3072
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AVELLA: Announce
4 the result.
5 THE SECRETARY: Ayes, 45.
6 ACTING PRESIDENT AVELLA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 314, by Senator Gallivan, Senate Print 6598B, an
10 act in relation to authorizing.
11 ACTING PRESIDENT AVELLA: There is
12 a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT AVELLA: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT AVELLA: Announce
20 the result.
21 THE SECRETARY: Ayes, 45.
22 ACTING PRESIDENT AVELLA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 427, substituted earlier by Member of the
3073
1 Assembly Weinstein, Assembly Print 9576 --
2 SENATOR LIBOUS: Lay it aside for
3 the day.
4 ACTING PRESIDENT AVELLA: The bill
5 is laid aside for the day.
6 THE SECRETARY: Calendar Number
7 432, by Senator LaValle, Senate Print 5268A, an
8 act to amend the Tax Law.
9 ACTING PRESIDENT AVELLA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AVELLA: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AVELLA: Announce
17 the result.
18 THE SECRETARY: Ayes, 45.
19 ACTING PRESIDENT AVELLA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 673, by Senator Felder, Senate Print 7215, an act
23 to amend the Family Court Act.
24 ACTING PRESIDENT AVELLA: Read the
25 last section.
3074
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT AVELLA: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AVELLA: Announce
7 the result.
8 THE SECRETARY: Ayes, 45.
9 ACTING PRESIDENT AVELLA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 692, by Senator LaValle, Senate Print 2282, an
13 act to amend the Education Law.
14 SENATOR LIBOUS: Mr. President,
15 please lay this bill aside temporarily.
16 ACTING PRESIDENT AVELLA: The bill
17 is laid aside temporarily.
18 THE SECRETARY: Calendar Number
19 739, by Senator Latimer, Senate Print 5352A, an
20 act to authorize.
21 ACTING PRESIDENT AVELLA: There is
22 a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3075
1 ACTING PRESIDENT AVELLA: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AVELLA: Announce
5 the result.
6 THE SECRETARY: Ayes, 45.
7 ACTING PRESIDENT AVELLA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 807, by Senator LaValle, Senate Print 3884A, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT AVELLA: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT AVELLA: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT AVELLA: Announce
20 the result.
21 THE SECRETARY: Ayes, 45.
22 ACTING PRESIDENT AVELLA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 809, by Senator Breslin, Senate Print 5714B, an
3076
1 act to amend the Environmental Conservation Law.
2 ACTING PRESIDENT AVELLA: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT AVELLA: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT AVELLA: Announce
10 the result.
11 THE SECRETARY: Ayes, 45.
12 ACTING PRESIDENT AVELLA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 818, by Senator Grisanti, Senate Print 3009, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT AVELLA: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT AVELLA: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT AVELLA: Announce
25 the result.
3077
1 THE SECRETARY: Ayes, 45.
2 ACTING PRESIDENT AVELLA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 884, substituted earlier by Member of the
6 Assembly Abbate, Assembly Print Number 7018, an
7 act to amend the Town Law.
8 ACTING PRESIDENT AVELLA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT AVELLA: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT AVELLA: Announce
16 the result.
17 THE SECRETARY: Ayes, 42. Nays, 3.
18 Senators DeFrancisco, Gallivan and Gipson
19 recorded in the negative.
20 ACTING PRESIDENT AVELLA: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 902, by Senator Gallivan, Senate Print 4772A, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT AVELLA: Read the
3078
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT AVELLA: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT AVELLA: Announce
8 the result.
9 THE SECRETARY: Ayes, 45.
10 ACTING PRESIDENT AVELLA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 913, by Senator Carlucci, Senate Print 5224, an
14 act to amend the Mental Hygiene Law.
15 ACTING PRESIDENT AVELLA: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT AVELLA: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AVELLA: Announce
23 the result.
24 THE SECRETARY: Ayes, 45.
25 ACTING PRESIDENT AVELLA: The bill
3079
1 is passed.
2 THE SECRETARY: Calendar Number
3 929, by Senator Maziarz, Senate Print 1081B, an
4 act to amend the New York State Urban Development
5 Corporation Act.
6 ACTING PRESIDENT AVELLA: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT AVELLA: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT AVELLA: Announce
14 the result.
15 THE SECRETARY: Ayes, 45.
16 ACTING PRESIDENT AVELLA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 931, by Senator Grisanti, Senate Print 1703A, an
20 act to amend the Education Law.
21 ACTING PRESIDENT AVELLA: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first of July.
25 ACTING PRESIDENT AVELLA: Call the
3080
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AVELLA: Announce
4 the result.
5 THE SECRETARY: Ayes, 45.
6 ACTING PRESIDENT AVELLA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 936, by Senator Carlucci, Senate Print 3245, an
10 act to amend the Executive Law.
11 ACTING PRESIDENT AVELLA: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT AVELLA: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT AVELLA: Announce
19 the result.
20 THE SECRETARY: Ayes, 45.
21 ACTING PRESIDENT AVELLA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 956, by Senator Little, Senate Print 6946, an act
25 to amend the Executive Law.
3081
1 ACTING PRESIDENT AVELLA: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AVELLA: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AVELLA: Announce
9 the result.
10 THE SECRETARY: Ayes, 45.
11 ACTING PRESIDENT AVELLA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 958, by Senator Maziarz, Senate Print 7007A, an
15 act directing.
16 ACTING PRESIDENT AVELLA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT AVELLA: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT AVELLA: Announce
24 the result.
25 THE SECRETARY: Ayes, 45.
3082
1 ACTING PRESIDENT AVELLA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 961, by Senator Gallivan, Senate Print 4129A, an
5 act to amend the Alcoholic Beverage Control Law.
6 ACTING PRESIDENT AVELLA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT AVELLA: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT AVELLA: Announce
14 the result.
15 THE SECRETARY: Ayes, 45.
16 ACTING PRESIDENT AVELLA: The bill
17 is passed.
18 Senator Libous, that completes the
19 reading of the noncontroversial calendar.
20 SENATOR LIBOUS: Mr. President, can
21 we go back to motions for a minute?
22 ACTING PRESIDENT AVELLA: Motions
23 and resolutions.
24 Senator Libous.
25 SENATOR LIBOUS: Thank you, sir. I
3083
1 want to adopt the Resolution Calendar, with the
2 exception of Resolutions 5539, 5595, 5613, 5615,
3 5633 and 5574.
4 ACTING PRESIDENT AVELLA: All in
5 favor of adopting the Resolution Calendar, with
6 the exception of Resolutions 5539, 5595, 5613,
7 5615, 5633 and 5574, signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT AVELLA: Any
10 opposed?
11 (No response.)
12 ACTING PRESIDENT AVELLA: The
13 Resolution Calendar is adopted.
14 Senator Libous.
15 SENATOR LIBOUS: Mr. President, at
16 this time there is a resolution by Senator
17 Grisanti, Number 5574, at the desk. Could we
18 read the title and call on Senator Grisanti.
19 ACTING PRESIDENT AVELLA: The
20 Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution Number 5574, by Senator Grisanti,
23 memorializing Governor Andrew M. Cuomo to
24 proclaim June 1 through 7, 2014, as CPR-AED
25 Awareness Week in the State of New York.
3084
1 ACTING PRESIDENT AVELLA: Senator
2 Grisanti.
3 SENATOR GRISANTI: Yes, thank you,
4 Mr. President.
5 My fellow colleagues, you're going
6 to see a lot of individuals from around this
7 great state of ours in the LOB and in The Well
8 that have blinking hearts on their lapels. Those
9 hearts signify what they are trying to do, and
10 that's passage of CPR teaching in high schools.
11 Now, you may not think about it, but
12 you should listen to some of your constituents
13 that are coming to see you today, tell them to
14 talk to the Assembly members to get this taken
15 care of.
16 Sixteen states now require students
17 to learn CPR. If given right away, CPR doubles
18 or triples survival rates. Nearly 424,000 people
19 have cardiac arrests outside of hospitals every
20 year, and only 10.4 percent survive. It's easy,
21 it's fast, it's simple to learn. We've done
22 pilot programs in our area in Western New York.
23 We have individuals here from the
24 Western New York region. J.J., I want you to
25 stand up. This young man, this young man is here
3085
1 today, is alive today, because he was given CPR
2 while basically he had cardiac arrest in high
3 school. He's alive here today.
4 He's a strapping, tall young man.
5 Those are his parents next to him. We have the
6 rest of the group with their flashing heart
7 lapels -- there's more.
8 This is something that's a
9 no-brainer, my fellow colleagues. CPR in high
10 school saves lives. Imagine having tens and tens
11 of thousands of students that know CPR. They
12 could be anywhere. They could be in a
13 restaurant, they could be on the street corner.
14 They could be in high school. They could be in
15 college. If somebody goes into cardiac arrest,
16 they'll have the skill to give that individual,
17 that man, that woman, an extra four to five
18 minutes of life and the possibility of staying
19 alive.
20 So I want to thank you for your
21 advocacy. J.J., fantastic. I want to thank your
22 parents, everybody that's here, for the advocacy.
23 Mr. President, thank you very much.
24 And whoever wants to join on the resolution and
25 please help get this law passed, thank you.
3086
1 ACTING PRESIDENT AVELLA: Any other
2 Senator wishing to speak on the resolution?
3 Seeing none, the question is on the
4 resolution. All in favor signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT AVELLA: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT AVELLA: The
10 resolution is adopted.
11 And welcome to the Senate chamber.
12 (Applause.)
13 ACTING PRESIDENT AVELLA: Senator
14 Libous.
15 SENATOR LIBOUS: Mr. President, if
16 you could give me a second here, we're just
17 trying to coordinate between members that are at
18 the two committee meetings. Just give me a
19 second.
20 I do know that Senator Grisanti
21 would like to open his resolution up for
22 cosponsorship. So as the policy goes, if someone
23 chooses not to be on it, please let the desk
24 know.
25 ACTING PRESIDENT AVELLA: So
3087
1 ordered.
2 SENATOR LIBOUS: Mr. President,
3 we've had a little change of heart here.
4 Resolutions 5595 and 5615, we just need to adopt
5 those right now. They were pulled from the
6 calendar, but we just need to adopt them as we
7 would the Resolution Calendar.
8 ACTING PRESIDENT AVELLA: The
9 question is on those two resolutions,
10 Numbers 5595 and 5615. All those in favor
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT AVELLA: Opposed,
14 nay.
15 (No response.)
16 ACTING PRESIDENT AVELLA: Both
17 resolutions are adopted.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 And Resolution 5595, the sponsor
21 would like to open it for sponsorship. So if
22 anyone chooses not to be on it, please let the
23 desk know.
24 ACTING PRESIDENT AVELLA: So
25 ordered.
3088
1 Senator Libous.
2 SENATOR LIBOUS: And we're going to
3 stand at ease temporarily. I will tell members
4 not to go too far; we're waiting for the
5 committees to adjourn. And then we have some
6 very important resolutions that we need to take
7 up.
8 ACTING PRESIDENT AVELLA: The
9 Senate will stand at ease.
10 (Whereupon, the Senate stood at ease
11 at 10:27 a.m.)
12 (Whereupon, the Senate reconvened at
13 10:33 a.m.)
14 ACTING PRESIDENT AVELLA: The
15 Senate will come to order.
16 Senator Libous.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 I am told that the Health
20 Committee's work is done, and now the Local
21 Governments Committee is meeting.
22 And in the meantime, I believe
23 Senator Hoylman has Resolution Number 5539 at the
24 desk. He would like it read in its entirety, and
25 then you can call on him.
3089
1 ACTING PRESIDENT AVELLA: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 5539, by Senator Hoylman,
5 paying tribute to the distinguished life and
6 accomplishments of Catherine Abate, former
7 New York State Senator.
8 "WHEREAS, This Legislative Body is
9 moved to recognize and pay tribute to the life
10 and accomplishments of former New York State
11 Senator Catherine Abate, an individual of
12 distinguished purpose and enduring commitment, a
13 woman who dedicated her life and career to public
14 service; and
15 "WHEREAS, It is with great sorrow
16 and deep regret that this Legislative Body
17 records the passing of Catherine Abate on May 17,
18 2014, noting the significance of her meritorious
19 life and accomplishments; and
20 "WHEREAS, During her diverse and
21 far-reaching public service career, Catherine
22 Abate served at nearly every level of New York
23 politics, including grassroots organizing,
24 advocacy and City and State government; and
25 "WHEREAS, After receiving her law
3090
1 degree from Boston University Law School in 1972,
2 Catherine Abate began her professional career as
3 an attorney at the Legal Aid Society in New York
4 City, eventually becoming Director of Training in
5 its Criminal Defense Division; and
6 "WHEREAS, In 1986, Governor Mario
7 Cuomo appointed Catherine Abate to the position
8 of Executive Deputy Commissioner of the New York
9 State Division of Human Rights; she was appointed
10 Chair of the New York State Crime Victims Board
11 in 1988; and
12 "WHEREAS, Catherine Abate was
13 appointed by New York City Mayor David Dinkins to
14 serve as Commissioner of the New York City
15 Department of Correction in 1990; in 1992, she
16 was appointed Commissioner of the New York City
17 Department of Probation; and
18 "WHEREAS, In 1993, Catherine Abate
19 was elected to the New York State Senate,
20 representing the 27th District, which covered
21 parts of Manhattan; she served with distinction
22 for two terms and was the ranking Democrat on the
23 Crime Victims, Crime and Correction Committee, as
24 well as the Investigations and Government
25 Operations Committee; and
3091
1 "WHEREAS, Although Catherine Abate
2 left the New York State Senate at the end of
3 1998, she did not leave public service; in 1999
4 she became President and CEO of Community
5 Healthcare Network, where she made significant
6 and lasting contributions in the area of public
7 health; and
8 "WHEREAS, During her tenure at
9 Community Healthcare Network, Catherine Abate
10 significantly expanded healthcare and social
11 services programs for the underserved and
12 developed innovative strategies for vulnerable
13 segments of the LGBT population, including
14 transgender people and those living with
15 HIV/AIDS; and
16 "WHEREAS, Catherine Abate was a
17 recognized expert on human rights, criminal
18 justice, health care and management/leadership,
19 who freely shared her knowledge and served on
20 numerous government, professional and nonprofit
21 boards; and
22 "WHEREAS, Catherine Abate's
23 commitment to public service extended to her
24 friendship and mentoring of numerous government,
25 nonprofit and labor sector leaders who served
3092
1 with her and after her; and
2 "WHEREAS, Catherine Abate,
3 throughout her career and life, served her
4 community and the people of the State of New York
5 with intelligence and caring dedication,
6 contributing significantly to the quality of life
7 of her constituents and the communities of the
8 State of New York; now, therefore, be it
9 "RESOLVED, That this Legislative
10 Body pause in its deliberations to honor the
11 memory of Catherine Abate; and be it further
12 "RESOLVED, That copies of this
13 resolution, suitably engrossed, be transmitted to
14 her husband, Ronald Kliegerman, and son, Kyle
15 Kliegerman."
16 ACTING PRESIDENT AVELLA: Senator
17 Hoylman.
18 SENATOR HOYLMAN: Thank you,
19 Mr. President.
20 It is my solemn responsibility to
21 stand up and memorialize Senator Catherine Abate,
22 whose district I have now the honor of
23 representing, the 27th Senate District.
24 As you've heard, Catherine passed
25 away two weeks ago. She was a young 66 years
3093
1 old. Her life, on reflection, really sums up
2 what Eleanor Roosevelt once said, which was:
3 "People grew through experience if they meet life
4 honestly and courageously." And that's exactly
5 what Senator Catherine Abate did through her long
6 public service career.
7 She had so many experiences in
8 public life, ranging from the grassroots, when
9 she was a district leader with the Village
10 Independent Democrats in Greenwich Village,
11 running through her career as a commissioner;
12 here in the State Senate, where she served from
13 1995 to 1999; running for statewide office. Then
14 of course her last 15 years of service were with
15 the Community Health Network.
16 Her long career, though, I think
17 represented so much that New York has to offer in
18 terms of its people, its women, and those who
19 care about the most vulnerable. She represented
20 the most vulnerable throughout her career with
21 dignity and grace, intelligence, perseverance.
22 Mayor Dinkins said, when he learned
23 of Senator Abbate's passing, "She never shied
24 from a just cause or a good fight." And I
25 concur.
3094
1 Her last weeks were very difficult
2 for her and her family. But I was most touched
3 by the fact that she reached out to people who
4 she called the next generation of leadership.
5 And she called me personally, as she lay in a
6 hospice, and imparted words to me that I won't
7 forget, which was that "Brad, your service is so
8 important to the state and the city," is what she
9 said to me.
10 I then went to her bedside later in
11 the week, as she did invite others who were the
12 next generation of public officials in New York.
13 And I am so honored to discuss her
14 life and service and extend my condolences, I
15 know on behalf of all of my colleagues here, to
16 her husband Ron and her son Kyle. She will not
17 be forgotten. We will continue to serve in her
18 memory and aspire to the high standards that she
19 set for everyone in this chamber and across the
20 State of New York.
21 If I could ask, Mr. President, that
22 we have a moment of silence for Senator Abate.
23 ACTING PRESIDENT AVELLA: I ask the
24 chamber -- do we have other members wishing to
25 speak on the resolution?
3095
1 Senator Nozzolio.
2 SENATOR NOZZOLIO: Thank you,
3 Mr. President.
4 Mr. President and my colleagues, I
5 share Senator Hoylman's sentiments. That it was
6 my honor to work with Catherine during her years
7 here in service in this chamber. I worked with
8 her as she was the ranking member of the New York
9 Senate Committee on Crime Victims, Crime and
10 Corrections. And I was chairman of the committee
11 during her tenure here.
12 And as ranker, she impressed me so
13 much on the depth of her knowledge, her broad
14 experience as a commissioner of corrections, one
15 who understood the correctional system in this
16 state extremely well, had many ideas, very
17 creative approaches to corrections and how we
18 could make the correctional system a better
19 system.
20 That her grace, her ability to go
21 across the aisle and work towards a solution, she
22 was yet a fiery advocate on behalf of what she
23 believed in. She could be certainly standing up
24 and disagreeing on principles, but it was clear
25 to me, and very appreciated, that she could
3096
1 disagree without being disagreeable.
2 That Catherine Abate will enjoy a
3 wonderful legacy, a well-deserved legacy. That
4 she was -- just as an aside, one of her big
5 objectives, important objectives, was to ensure
6 the safety of all prisoners, but especially those
7 women who were incarcerated in our state. And
8 together we worked on legislation to provide
9 additional assurances and additional measures of
10 security for those female prisoners in our
11 New York State correctional system.
12 To that, she worked very, very hard,
13 very direct. And that it was a pleasure to have
14 successes that we share.
15 That Senator Hoylman characterized
16 the person extremely well, one with grace and
17 charm, one that always was willing to say hello,
18 willing to get engaged in conversation, to be a
19 colleague that you just enjoyed serving with.
20 And, Mr. President, thank you for
21 allowing me to share some personal reminiscences
22 about a colleague we will miss. Her passing was
23 too untimely, too short was her life, but she
24 filled those years with distinction, with honor,
25 and with very hard work.
3097
1 Thank you, Mr. President. Senator
2 Abate will be missed.
3 ACTING PRESIDENT AVELLA: Senator
4 Krueger.
5 SENATOR KRUEGER: Thank you,
6 Mr. President. I rise to speak on behalf of the
7 loss of my friend Catherine Abate.
8 Both of my colleagues who spoke knew
9 her here in the Senate. I actually didn't get to
10 know Catherine, really to know Catherine until
11 after she left the Senate. We sat on a board of
12 directors together. We worked on several
13 important issues for women in this state
14 together. She was an extraordinarily helpful
15 advisor to me as a candidate and a new Senator.
16 She has had an extraordinary career,
17 but I want to emphasize that she was just an
18 extraordinary woman who had a generous heart, a
19 generous spirit, was always willing to stand up
20 and go out to help someone else, even though she
21 suffered with the illness that eventually killed
22 her for nearly the last decade of her life.
23 And she went through ups and downs.
24 But if you knew her, you actually weren't even
25 sure she was going through a down healthwise,
3098
1 because she was committed to the organizations
2 she ran, she was committed to the issues that she
3 cared about, and she would be out there and
4 around, and you would have to say, "So how are we
5 feeling right now?" She'd go, "Well, we're a
6 little iffy on remission, but we're continuing."
7 And her strength and her commitment
8 and her belief in public service and her belief
9 in helping others should be a model for all of
10 us, not just who serve in the public eye, but she
11 was a great representative of what it is to be a
12 truly rounded and gifted human being in our
13 state. And we will all miss her.
14 Thank you, Mr. President.
15 ACTING PRESIDENT AVELLA: Senator
16 Little.
17 SENATOR LITTLE: Thank you,
18 Mr. President.
19 I would like to join with my
20 colleagues just in speaking in memory of Senator
21 Abate.
22 I didn't know her through the
23 Senate. I was elected to the Assembly in 1995,
24 and my experience with Senator Abate was through
25 the Women's Legislative Caucus.
3099
1 While we were of opposite parties,
2 we also had districts that couldn't have been
3 farther apart through mileage or through issues.
4 But what I admired so much about Senator Abate
5 was her demeanor and the way she respected
6 others. She came to the legislative meetings,
7 one of the few Senators who did come to our
8 legislative meetings, and was just very
9 encouraging and listening to others and
10 respectful of other people's issues.
11 And it always a pleasure to see her
12 when she was here in Albany advocating. And she
13 remembered me from then, and we would always
14 talk. So she is definitely a loss to her family
15 and her friends, but to New York State as well.
16 Thank you.
17 ACTING PRESIDENT AVELLA: Senator
18 Hassell-Thompson.
19 SENATOR HASSELL-THOMPSON: Thank
20 you, Mr. President.
21 I rise to echo the sentiments of
22 many of my colleagues. Each of us knew Catherine
23 Abate in a different way. One of my first
24 political experiences in Mount Vernon was when
25 she was running for Attorney General and I was a
3100
1 brand-new district leader.
2 And I had a vote, and I want to tell
3 you that I used that vote to vote for her. And
4 it caused a lot of consternation because her
5 opponent was someone that the men had already
6 determined that they were going to support. But
7 even though I made my case, that was my real
8 first real experience of standing in our
9 headquarters and talking about the fact that we
10 needed more women in the seats of justice.
11 And having had the experience that
12 she had here in the Senate, working, as Senator
13 Nozzolio was saying, on issues of people in
14 prison but particularly women in prison -- she
15 had worked with Jean Harris and the cases there
16 with a lot of the women at Bedford. And so we
17 knew her, and we felt we knew her intimately.
18 Well, later I did get to know her
19 intimately. And I shared that story with her,
20 and she said, "Yeah, Reggie told me that you were
21 one of the loud voices that supported me, and I
22 will appreciate and thank you for that."
23 And I think, like Liz, I have
24 attempted to continue the work that she has begun
25 here, working with people in the correction
3101
1 system, ensuring that welcome in women in prison
2 get a fair opportunity to receive good training,
3 to receive the psychological support and help
4 that they need.
5 And many times when women come home
6 from prison their experiences are very different
7 from men, because many times their children have
8 taken away from them, their families have been
9 dispersed, and they have to start life all over
10 again. And they become ostracized.
11 And so that I have always
12 appreciated, even until her death, her work with
13 women on NARAL and some of the other
14 organizations that she was very prominent in, to
15 make sure that women got the best opportunity and
16 a fair shake in this society.
17 So I thank my colleague Senator
18 Hoylman for bringing this resolution and giving
19 us all an opportunity to share and celebrate a
20 woman's life who has been extraordinary to the
21 State of New York.
22 Thank you, Mr. President.
23 ACTING PRESIDENT AVELLA: Senator
24 Montgomery.
25 SENATOR MONTGOMERY: Thank you,
3102
1 Mr. President.
2 I rise to also offer my condolences
3 to the family of Catherine Abate and to say thank
4 you to Senator Hoylman for giving us an
5 opportunity to express our sentiments.
6 And I want to say that Catherine
7 Abate was certainly a friend. I did serve with
8 her here in the Senate. And I appreciate the
9 fact that she was very extremely brilliant as a
10 legislator, but she always had a lightheartedness
11 about the issues that we had to deal with.
12 And one of the things that we shared
13 was that she was a parent. She had a son who she
14 loved dearly and missed a lot and was extremely
15 frustrated about the times that we had to be here
16 and she could not be with her son, appreciating
17 what he was doing in school and at home. And so
18 that was one of the things that we shared as
19 parents.
20 The other issue that we shared a lot
21 was care for young people, especially young
22 women, and their access to health care, including
23 reproductive health. She was an extremely
24 brilliant advocate, and always that was number
25 one for her. So when she left Albany, she became
3103
1 a voice for young women across the state for her
2 work as the executive director of the Health
3 Network.
4 And I just recall one of the stories
5 that she shared with me as Commissioner of
6 Corrections in New York City when there was a
7 situation where Reverend Al Sharpton happened to
8 be in one of the facilities in the city, and she
9 notified her people that whatever they did, make
10 sure nothing happened to him, and that she wanted
11 him out of there as quickly as possible. And of
12 course it was a laugh for us, because we both
13 understood what it meant if you had Reverend Al
14 Sharpton in your care and you were authorized to
15 make sure that his safety was paramount.
16 So Catherine was an extremely
17 dedicated and brilliant legislator, but she was
18 also a person that you could really have a
19 relationship with as a person, share with, and
20 appreciate as a sister.
21 And so I really miss her, I have a
22 lot of wonderful memories of my experience with
23 her. And we all can take from her life the
24 positive image that she projected as a woman in
25 power, who knew how to use it but also who was
3104
1 sensitive about the way in which she worked with
2 people.
3 So again, thank you, Senator
4 Hoylman. I'm proud to say that you fill a
5 wonderful person's chair in this chamber.
6 Thank you, Mr. President.
7 ACTING PRESIDENT AVELLA: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, I served
10 with Catherine Abate, and my memories are
11 basically that she was bright, articulate, and
12 passionate about the causes that she thought were
13 important. Her reasoning was excellent on the
14 floor. Oftentimes she came to the wrong
15 conclusions, but her --
16 (Laughter.)
17 SENATOR DeFRANCISCO: She was an
18 incredible Senator in that people listened to her
19 when she spoke. And people changed their minds,
20 including me, about several of the issues that
21 she advocated for.
22 The other thing that comes to mind
23 as I'm listening to everyone is, you know, we get
24 into this business and we're so intent on the
25 issue of the day, whether it's a substantive
3105
1 issue or a political issue, and we sometimes
2 forget that we're all mortal, that we come here
3 for a short, short period of time and try to do
4 whatever we can.
5 And it seems to me that my memory of
6 Catherine also is that she was always advocating
7 for something, but pleasant in the way she did
8 it, respectful to others in the way they did it.
9 And I think that's a good lesson for me and for
10 all of us, that as we're here for this short
11 time, we should conduct ourselves the way she
12 did, vigorously for her positions, but with
13 respect and dignity so that we can make this
14 experience pleasant for everyone that's here.
15 Thank you, Mr. President.
16 ACTING PRESIDENT AVELLA: Senator
17 Perkins.
18 SENATOR PERKINS: Thank you,
19 Mr. President.
20 I want to first thank Senator
21 Hoylman for this opportunity to share some brief
22 remarks in appreciation for Catherine.
23 You know, I served with her too, but
24 not here. We served together as Democratic
25 district leaders in the New York County
3106
1 Democratic Committee under the leadership of
2 Denny Farrell at a very important period for that
3 organization.
4 It was a period in which we were
5 moving from what one might call the regular
6 backroom-machine-operated type of a party
7 organization to a reform approach. After all,
8 she was with the Village Independent Democratic
9 Club, we were with the Sojourner Truth Democratic
10 Club, and we considered ourselves reformists.
11 And so we didn't want to see judges made in the
12 backroom. We thought another process, that was a
13 little bit more democratic and open and maybe
14 based on merit, would result in a better judicial
15 bench.
16 So under Assemblyman Denny Farrell's
17 leadership at the time, he still was the county
18 leader, we worked together and I believe that we
19 were able to be very successful in seeing the
20 judgeship selection approach reformed and opened
21 and being made more meritorious and accountable
22 to our respective communities and to the city at
23 large.
24 And so I want to remember her in
25 that regard. I'm sorry I missed the opportunity
3107
1 to share remarks at the service that they had for
2 her. But she was truly a wonderful person. And
3 she was really very attractive as well to look
4 at.
5 Thank you very much.
6 ACTING PRESIDENT AVELLA: Senator
7 Squadron.
8 SENATOR SQUADRON: Thank you,
9 Mr. President.
10 I didn't have the privilege of
11 serving with Senator Abate. I got here actually
12 a decade after she left. And I also don't have
13 the privilege of following her in her Senate
14 seat; Senator Hoylman does. And both this
15 resolution and the way he spoke I think are a
16 real honor to her, and I thank him for that.
17 But much of the area she represented
18 is now in my district. And though we didn't know
19 each other well, I was struck, a full decade
20 after she left office, with the extent to which
21 she was still a force and a presence in the
22 district. And folks in the Chinatown community
23 and elsewhere who she had represented many years
24 earlier still felt a warmth and a connection to
25 her, and she still felt that warmth and
3108
1 connection to her former constituents and her
2 former community.
3 And when you look at public service,
4 when you look at elected office, to have that
5 kind of connection and warmth and commitment
6 beyond just the preservation of this job, beyond
7 just the simple matter of a legislative map, I
8 think is a great credit and a great statement
9 about true public service and true commitment to
10 public service.
11 And so I want to honor her for that
12 and wish deepest condolences to her family, and
13 thank her on behalf of the constituents who she
14 represented many years ago for her service to
15 them and her continued commitment to them long
16 after she served.
17 Thank you, Mr. President.
18 ACTING PRESIDENT AVELLA: Senator
19 Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 I too want to stand and join my
23 colleagues in remembrance of Senator Abate. I
24 can remember her sitting right over here and
25 always having a smile on her face but, as Senator
3109
1 Perkins says, was still a very tenacious
2 politician who believed in what she believed in
3 and worked very hard at it.
4 As all of my colleagues said, you
5 know, and I think reflecting on Senator
6 DeFrancisco, we are all here for a short time.
7 And certainly the time that Senator Abate spent
8 in this chamber I think was one where she fought
9 hard for the causes that she felt were important
10 not only to her constituents but to the people of
11 this state.
12 Her loss at such a very young age is
13 sad. I think that sometimes, you know, when we
14 sit back and reflect, we wonder why someone that
15 talented and someone who has worked to help so
16 many people leaves us at a very young point in
17 their life. But there's a reason for that,
18 because there's a plan for every one of us.
19 So I join my colleagues in saying
20 that I will miss her, and certainly not that I
21 knew her that well, but just as a colleague. She
22 was a good person and a darned good Senator.
23 ACTING PRESIDENT AVELLA: Senator
24 Stewart-Cousins.
25 SENATOR STEWART-COUSINS: Thank
3110
1 you, Mr. President.
2 I rise and certainly thank
3 Senator Hoylman for this resolution, and really
4 in many ways in envy of so many of my colleagues
5 that had the opportunity to serve with her here
6 in this chamber and other places. I was not so
7 lucky. And sometimes when you are hearing all of
8 the things that people brought with them in their
9 presence, you really feel like you lost out.
10 I could say I lost out, but the
11 reality is I didn't. When I decided to run for
12 Senate, I was told that there are people you have
13 to reach out to. And one of those people, not
14 surprisingly, was Catherine Abate.
15 And what she didn't do is tell me
16 everything she'd done. What she did do was tell
17 me what she could do for me. What she did do was
18 lay a path that it was easy for me to follow.
19 What she did do was to connect me with other
20 people. What she did do was reinforce for me the
21 idea that women in this chamber can do great
22 things and, without ever touting her
23 accomplishments, showed me how we could be
24 effective.
25 So I too give condolences to her
3111
1 family and certainly to all who will miss all of
2 her talents, all of her skills, the great
3 stories. But clearly the memory of Catherine
4 Abate will never fail.
5 Thank you.
6 ACTING PRESIDENT AVELLA: Seeing no
7 one else to speak, the question is on the
8 resolution. All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT AVELLA: Opposed,
11 nay.
12 (No response.)
13 ACTING PRESIDENT AVELLA: The
14 resolution is adopted.
15 Based upon Senator Hoylman's
16 request, I ask the Senate to rise for a moment of
17 silence in memory of former Senator Catherine
18 Abate.
19 (Whereupon, the assemblage rose and
20 respected a moment of silence.)
21 ACTING PRESIDENT AVELLA: Thank
22 you.
23 Senator Libous.
24 SENATOR LIBOUS: Mr. President, if
25 we can go back to motions, I have a motion. I
3112
1 don't know if anybody else does.
2 ACTING PRESIDENT AVELLA: Motions
3 and resolutions.
4 Senator Libous.
5 SENATOR LIBOUS: On behalf of
6 Senator Zeldin, on page 29 I offer the following
7 amendments to Calendar Number 479, Senate Print
8 4757, and ask that said bill retain its place on
9 the Third Reading Calendar.
10 ACTING PRESIDENT AVELLA: So
11 ordered.
12 Senator Libous.
13 SENATOR LIBOUS: There will be an
14 immediate meeting of the Rules Committee in
15 Room 332. Immediate meeting of the Rules
16 Committee in Room 332.
17 And the Senate will stand at ease.
18 ACTING PRESIDENT AVELLA: There
19 will be an immediate meeting of the Rules
20 Committee in Room 332.
21 The Senate will stand at ease.
22 (Whereupon, the Senate stood at ease
23 at 11:03 a.m.)
24 (Whereupon, the Senate reconvened at
25 11:28 a.m.)
3113
1 ACTING PRESIDENT AVELLA: The
2 Senate will come to order.
3 Senator Libous.
4 SENATOR LIBOUS: Mr. President, I
5 believe there's a report of the Rules Committee
6 at the desk. Could we have it read at this time.
7 ACTING PRESIDENT AVELLA: The
8 Secretary will read the report of the Rules
9 Committee.
10 THE SECRETARY: Senator Skelos,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 442, by Senator Díaz,
14 an act to amend the Penal Law;
15 Senate 1410A, by Senator Montgomery,
16 an act to amend the Executive Law;
17 Senate 2060, by Senator Latimer, an
18 act in relation to authorizing;
19 Senate 2619, by Senator Young, an
20 act to amend the General Municipal Law;
21 Senate 2948, by Senator Hannon, an
22 act to amend the Public Health Law;
23 Senate 3143, by Senator Krueger, an
24 act to amend the Social Services Law;
25 Senate 3667A, by Senator Savino, an
3114
1 act to amend the General Business Law;
2 Senate 3735, by Senator Little, an
3 act to direct the Civil Service Commission;
4 Senate 3740, by Senator Addabbo, an
5 act to amend the Penal Law;
6 Senate 4444A, by Senator Golden, an
7 act to amend the Civil Practice Law and Rules;
8 Senate 4898, by Senator Avella, an
9 act to amend the Public Authorities Law;
10 Senate 6193B, by Senator
11 DeFrancisco, an act in relation to a certain
12 agreement;
13 Senate 6568, by Senator Gallivan, an
14 act to enact;
15 Senate 6600, by Senator Klein, an
16 act to amend the Executive Law;
17 Senate 6694B, by Senator Flanagan,
18 an act authorizing;
19 Senate 6786, by Senator O'Mara, an
20 act in relation to making certain findings;
21 Senate 6833A, by Senator Farley, an
22 act to establish;
23 Senate 6975, by Senator Ritchie, an
24 act to legalize, validate, ratify and confirm;
25 Senate 7030, by Senator DeFrancisco,
3115
1 an act to amend Chapter 690 of the Laws of 1937;
2 Senate 7046, by Senator O'Mara, an
3 act to amend the Town Law;
4 Senate 7089, by Senator Avella, an
5 act to amend the Public Authorities Law;
6 Senate 7119, by Senator Klein, an
7 act to amend Chapter 507 of the Laws of 2009;
8 Senate 7125, by Senator Hannon, an
9 act to amend the Public Health Law;
10 Senate 7133A, by Senator LaValle, an
11 act in relation;
12 Senate 7169, by Senator Boyle, an
13 act to amend the Penal Law;
14 Senate 7179, by Senator Valesky, an
15 act to amend the Civil Practice Law and Rules;
16 Senate 7238, by Senator Farley, an
17 act in relation to authorizing;
18 Senate 7276, by Senator Seward, an
19 act authorizing;
20 Senate 7279, by Senator Farley, an
21 act to amend Chapter 168 of the Laws of 2012;
22 Senate 7388, by Senator Grisanti, an
23 act to amend the Village Law;
24 Senate 7479, by Senator Bonacic, an
25 act to amend the Town Law;
3116
1 Senate 7498, by Senator Martins, an
2 act to amend the Nassau County Civil Divisions
3 Act;
4 Senate 7596A, by Senator Martins, an
5 act authorizing;
6 Senate 7620A, by Senator LaValle, an
7 act in relation to the alienation;
8 Senate 7649, by Senator Marchione,
9 an act to amend the Public Health Law;
10 Senate 7650, by Senator Carlucci, an
11 act to amend the Mental Hygiene Law;
12 Senate 7651A, by Senator Carlucci,
13 an act to amend the Mental Hygiene Law;
14 Senate 7652A, by Senator Martins, an
15 act to amend the Family Court Act;
16 Senate 7653, by Senator Martins, an
17 act to amend the Education Law;
18 Senate 7654, by Senator Boyle, an
19 act to amend the Mental Hygiene Law;
20 Senate 7655A, by Senator Nozzolio,
21 an act directing;
22 Senate 7656, by Senator Nozzolio, an
23 act to amend the Correction Law;
24 Senate 7657, by Senator Robach, an
25 act to amend the Penal Law;
3117
1 Senate 7658, by Senator Nozzolio, an
2 act to amend the Civil Practice Law and Rules;
3 Senate 7659, by Senator Boyle, an
4 act to amend the Penal Law;
5 Senate 7660, by Senator Hannon, an
6 act to amend the Public Health Law;
7 Senate 7661, by Senator Hannon, an
8 act to amend the Public Health Law;
9 Senate 7662A, by Senator Seward, an
10 act to amend the Insurance Law;
11 Senate 7663, by Senator Nozzolio, an
12 act to amend the Penal Law;
13 Senate 7666A, by Senator Grisanti,
14 an act to amend the Real Property Tax Law;
15 Senate 7675, by Senator O'Mara, an
16 act to amend the Local Finance Law;
17 And Senate 7691, by Senator Felder,
18 an act to amend the Education Law.
19 All bills reported direct to third
20 reading.
21 ACTING PRESIDENT AVELLA: Senator
22 Libous.
23 SENATOR LIBOUS: Mr. President, I
24 move that we accept the report of the Rules
25 Committee.
3118
1 ACTING PRESIDENT AVELLA: All those
2 in favor of accepting the report of the Rules
3 Committee as read signify by say aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT AVELLA: All those
6 opposed say nay.
7 (No response.)
8 ACTING PRESIDENT AVELLA: The
9 report of the Rules Committee is accepted.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, can
12 we go back to motions and resolutions.
13 ACTING PRESIDENT AVELLA: Motions
14 and resolutions.
15 Senator Libous.
16 SENATOR LIBOUS: Thank you.
17 Senator Hoylman wanted to open up
18 his resolution, Number 5539, honoring Senator
19 Abate, to all the members. So if there's someone
20 who for whatever reason chooses not to go on, let
21 the desk know.
22 ACTING PRESIDENT AVELLA: So
23 ordered.
24 Senator Libous.
25 SENATOR LIBOUS: I have a couple of
3119
1 housekeeping motions.
2 On behalf of Senator Hannon, on
3 page 34 I offer the following amendments to
4 Calendar Number 561, Senate Print 6562A, and ask
5 that said bill retain its place on the Third
6 Reading Calendar.
7 ACTING PRESIDENT AVELLA: So
8 ordered.
9 SENATOR LIBOUS: On behalf of
10 Senator Marchione, on page -- there's no page --
11 I offer the following amendments to Calendar
12 Number 1138, Senate Print 7649, and ask that said
13 bill retain its place on the Third Reading
14 Calendar. So, Mr. President, it's up to you to
15 find the page.
16 (Laughter.)
17 ACTING PRESIDENT AVELLA: So
18 ordered.
19 SENATOR LIBOUS: And on behalf of
20 Senator Seward, on page number 66 I offer the
21 following amendments to Calendar Number 967,
22 Senate Print 4374, and ask that said bill retain
23 its place on the Third Reading Calendar.
24 ACTING PRESIDENT AVELLA: So
25 ordered.
3120
1 SENATOR LIBOUS: Mr. President, I
2 believe that Senator Hassell-Thompson has
3 Resolution Number 5633 at the desk. We would
4 like the title read, and I would call on Senator
5 Hassell-Thompson for comments.
6 ACTING PRESIDENT AVELLA: The
7 Secretary will read.
8 THE SECRETARY: Legislative
9 Resolution Number 5633, by Senator
10 Hassell-Thompson, honoring Alyssa Diggs upon the
11 occasion of her designation as the 2014
12 Mount Vernon Boys & Girls Club Youth of the Year.
13 ACTING PRESIDENT AVELLA: Senator
14 Hassell-Thompson.
15 SENATOR HASSELL-THOMPSON: Thank
16 you, Mr. President.
17 Today seems to be the day to honor
18 women. And I have the pleasure of honoring a
19 young woman from my district, Alyssa Diggs, upon
20 the occasion of her designation as the 2014
21 Mount Vernon Boys & Girls Club youth of the Year.
22 This award is the highest honor that
23 a Boys & Girls Club member can receive. It
24 recognizes outstanding contributions to family,
25 school, community, and to the Boys & Girls Club.
3121
1 As a member of the Mount Vernon
2 Club, Alyssa has volunteered during the summer
3 for summer programs and after-school programs.
4 As a volunteer in her church, she organizes bake
5 sales, church plays, the Halloween Haunted House
6 Fundraiser, and is the assistant Sunday school
7 teacher. She also spearheaded a canned food
8 drive to help the homeless.
9 Alyssa has volunteered more than
10 200 hours during the 2013-2014 year and is now
11 participating in the process of forming a
12 Keystone Club, working to raise money for trips
13 to the National Keystone Conference next year.
14 Alyssa Diggs plans to attend the
15 Fashion Institute of Technology State University
16 of New York in Manhattan upon her completion of
17 high school, where she will major in fashion
18 design and eventually pursue a career in fashion
19 and event planning.
20 I wish Alyssa Diggs continued
21 success throughout her school years, and I know
22 that she will make us all proud.
23 Thank you, Mr. President.
24 ACTING PRESIDENT AVELLA: Any other
25 Senator wishing to be heard?
3122
1 Seeing none, the question is on the
2 resolution. All in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT AVELLA: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT AVELLA: The
8 resolution is adopted.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President,
11 thank you.
12 I believe Senator Perkins has a
13 resolution at the desk, Number 5613. Could we
14 please have it read in its entirety and call on
15 Senator Perkins. And I'm sure others will want
16 to speak on this too.
17 ACTING PRESIDENT AVELLA: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 5613, by Senators Perkins,
21 Stewart-Cousins, Parker and Sanders, mourning the
22 death of Maya Angelou, acclaimed African-American
23 poet, influential memoirist, and playwright.
24 "WHEREAS, It is the sense of this
25 Legislative Body, representing the people of the
3123
1 State of New York, to pay tribute to an
2 extraordinary woman of indomitable faith and
3 dedication whose purposeful life and
4 accomplishments will forever stand as a paradigm
5 and inspiration for others; and
6 "WHEREAS, Much admired
7 African-American poet, storyteller, civil rights
8 activist and autobiographer, Maya Angelou died on
9 Wednesday, May 28, 2014, at the age of 86; and
10 "WHEREAS, Born Marguerite Ann
11 Johnson on April 4, 1928, to Bailey Johnson, Sr.
12 and Vivian Baxter, Maya Angelou also had a broad
13 career as a singer, dancer, actress, composer,
14 and Hollywood's first female African-American
15 director; and
16 "WHEREAS, After her parents'
17 marriage ended, three-year-old Maya, along with
18 her four-year-old brother Bailey, was sent to
19 live with their grandmother, Annie Henderson, in
20 Stamps, Arkansas; and
21 "WHEREAS, Unable to pronounce her
22 name because of a stutter, Bailey called her 'My'
23 for 'My sister'; a few years later, when he read
24 a book about the Maya Indians, he began to call
25 her 'Maya,' and the name stuck; and
3124
1 "WHEREAS, As a teenager, now living
2 with her mother in San Francisco, Maya attended
3 Mission High School and won a scholarship to
4 study dance and drama at San Francisco's Labor
5 School; she dropped out of school to become the
6 first black female streetcar conductor; and
7 "WHEREAS, At the age of 16, Maya
8 Angelou gave birth to her son, Guy, and worked as
9 a waitress and cook to support them; she never
10 lost sight of her dreams and talents for music,
11 dance, performance and poetry; and
12 "WHEREAS, In 1952, she married a
13 Greek sailor named Anastasios Angelopulos; when
14 she began her career as a nightclub singer, she
15 took the professional name Maya Angelou,
16 combining her childhood nickname with a form of
17 her husband's name; and
18 "WHEREAS, In 1969, Maya Angelou's
19 first of six autobiographies, I Know Why the
20 Caged Bird Sings, which describes in lyrical,
21 unsparing prose her childhood in the Jim Crow
22 South, was published; and
23 "WHEREAS, The other five
24 autobiographic volumes include Gather Together in
25 My Name (1974), which begins when Angelou is
3125
1 seventeen and a new mother; Singin' and Swingin'
2 and Gettin' Merry Like Christmas, an account of
3 her tour in Europe and Africa with Porgy and
4 Bess; The Heart of a Woman (1981), a description
5 of Angelou's acting and writing career in
6 New York and her work for the civil rights
7 movement; and All God's Children Need Traveling
8 Shoes (1986), which recounts Angelou's travels in
9 West Africa and her decision to return, without
10 her son, to America; and
11 "WHEREAS, By the age of 40, Maya
12 Angelou was a Tony-nominated stage actress for
13 the part she played on Broadway in 'Look Away';
14 the Reynolds Professor of American Studies at
15 Wake Forest University; a ubiquitous presence on
16 the lecture circuit; a frequent guest on
17 television shows, from 'Oprah' to 'Sesame
18 Street'; and an actress who portrayed Kunta
19 Kinte's grandmother in 'Roots' and appeared in
20 'How to Make an American Quilt'; and
21 "WHEREAS, She was also the subject
22 of a series of scholarly studies; dancer; calypso
23 singer; magazine editor; official of the Southern
24 Christian Leadership Conference; and friend or
25 associate of some of the most eminent
3126
1 African-Americans of the mid-20th century,
2 including James Baldwin, Toni Morrison,
3 Nelson Mandela, the Reverend Dr. Martin Luther
4 King, Jr. and Malcolm X; and
5 "WHEREAS, As renowned as she was for
6 her memoirs, Maya Angelou will also be remembered
7 for the inaugural poem 'On the Pulse of Morning,'
8 which she wrote and delivered in January of 1993,
9 at the swearing-in of President Bill Clinton upon
10 his request; and
11 "WHEREAS, Furthermore, Maya Angelou
12 was invited by successive Presidents of the
13 United States to serve in various capacities;
14 President Ford appointed her to the American
15 Revolution Bicentennial Commission, President
16 Carter invited her to serve on the Presidential
17 Commission for the International Year of the
18 Woman, and in February of 2011, President Obama
19 presented her with the Presidential Medal of
20 Freedom, the country's highest civilian honor;
21 and
22 "WHEREAS, In addition to her six
23 autobiographies, Maya Angelou's other books
24 include the volumes of poetry, Just Give Me a
25 Cool Drink of Water 'fore I Diiie (1971), Oh Pray
3127
1 My Wings Are Gonna Fit Me Well (1975), And Still
2 I Rise (1978) and Shaker, Why Don't You Sing?
3 (1983); in addition, she released an album of
4 songs, 'Miss Calypso,' in 1957; and
5 "WHEREAS, Throughout her writings,
6 Maya Angelou explored the concepts of personal
7 identity and resilience through the multifaceted
8 lens of race, sex, family, community and the
9 collective past; as a whole, her work offered a
10 sharp and clear examination of the ways in which
11 the socially marginalizing forces of racism and
12 sexism played out at the level of the individual;
13 and
14 "WHEREAS, Maya Angelou called Harlem
15 home for over 50 years, and lived on West 120th
16 Street in the Mount Morris Park section of
17 Harlem; she was known as a kind, compassionate
18 and generous neighbor to all; furthermore, she
19 gave her time, her voice, her words and her
20 inspiration to the community she dearly loved;
21 and
22 "WHEREAS, Maya Angelou was a seminal
23 figure in the Harlem Writers Guild throughout the
24 1950s and 1960s and actively performed at the
25 renowned Apollo Theater during this period,
3128
1 including appearances in 'Porgy and Bess'
2 alongside her dancing partner Alvin Ailey; and
3 "WHEREAS, Maya Angelou was
4 exceptionally active during the civil rights
5 movement, serving as coordinator of the New York
6 office of the Southern Christian Leadership
7 Conference (SCLC) and as cofounder of the
8 Organization of Afro-American Unity, established
9 in 1964 alongside Malcolm X; and
10 "WHEREAS, In 2010, Maya Angelou
11 donated her archives to the Schomburg Center for
12 Research in Black Culture at 135th Street and
13 Lenox Avenue in Harlem; over 340 boxes,
14 representing her life's work, are housed in the
15 heart of Harlem, including a draft of her
16 singular biography, I Know Why the Caged Bird
17 Sings, handwritten notes concerning her other
18 timeless works and correspondence with James
19 Baldwin, Malcolm X and Coretta Scott King, among
20 others; and
21 "WHEREAS, Maya Angelou fittingly
22 became a national figure, serving as an
23 inspirational role model; her warm smile, true
24 compassion and sensitivity were generously given
25 for the benefit of countless others and their
3129
1 quality of life; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to mourn the
4 death of Maya Angelou, acclaimed African-American
5 poet, influential memoirist and playwright; and
6 be it further
7 "RESOLVED, That a copy of this
8 resolution, suitably engrossed, be transmitted to
9 the family of Maya Angelou."
10 ACTING PRESIDENT AVELLA: Senator
11 Perkins.
12 SENATOR PERKINS: Thank you very
13 much.
14 I rise to honor perhaps the greatest
15 and most inspiring renaissance woman that ever
16 lived, Dr. Maya Angelou.
17 I thank my colleagues, especially
18 Leader Stewart-Cousins, Senators Parker, Sanders,
19 Hassell-Thompson and Montgomery, for cosponsoring
20 this resolution alongside me.
21 It is impossible to reduce the
22 extraordinary life that Dr. Angelou lived to a
23 few words. There is a universal and
24 transcendental quality to the life she lived.
25 She grew up one generation removed from slavery.
3130
1 She spent five years of her life entirely mute,
2 as a product of the omnipresent guilt she
3 internalized when the man who raped her at the
4 age of 8 was killed. Yet when she spoke again,
5 she made the baring of her soul and the
6 fulfillment of her creative and social justice
7 passions a calling of the highest order, one that
8 has touched all of us here today and legions
9 around the world.
10 Dr. Angelou was a virtuoso. Her
11 accomplishments in the creative arts spanned the
12 entire spectrum, but that was really just a
13 portion of her existence. She once said, "I have
14 no skeletons in my closet. In fact, I have no
15 closet." Which explains why she shared the
16 entirety of herself with the whole world.
17 Dr. Angelou was a single mother who
18 as a teenager made the practical, painful
19 decision to sell herself to support her son and
20 herself. She subsequently traveled all over the
21 world and immersed herself in different cultures
22 and languages. She was a journalist in Egypt and
23 Ghana during the decolonization movement. She
24 was the first black woman to become a streetcar
25 conductor and to write a screenplay. She was a
3131
1 contemporary of Martin Luther King and Malcolm X
2 in the civil and human rights movements. She was
3 an educator, teacher, mentor and, perhaps most
4 importantly, an inspirer.
5 For all of her worldly
6 accomplishments, Dr. Angelou was consummately
7 "regular folk," especially around Harlem. She
8 conducted regular "sittings" at her home on
9 West 120th Street, inviting neighbors for hours
10 of conversation, debate and enrichment.
11 I was honored to be at her home on
12 multiple occasions and to have spirited
13 discussions with her. You could often find her
14 at the local Fairway or Fine Fare taking great
15 care purchasing groceries to prepare dinner for
16 her guests. Additionally, she made regular
17 appearances at the Faison Firehouse Theater,
18 Minton's Playhouse, Sylvia's, The Red Rooster,
19 the Schomburg Center for Research in Black
20 Culture, and at local elementary schools
21 throughout the community. She was someone who
22 treasured the Harlem community and was in turn
23 treasured by it.
24 She leaves us a legacy of words,
25 deeds, and actions. Hundreds of millions of
3132
1 people have read I Know Why the Caged Bird Sings.
2 This courageous story remains particularly moving
3 given that the topic of rape and sexual abuse was
4 rarely ever spoken or written about during
5 Dr. Angelou's generation. This universal work
6 opened the door of conversation for many on this
7 subject, and it is regarded not only as an
8 incredible literary accomplishment but also a
9 catalyst of awareness and advocacy.
10 The poem "Phenomenal Woman," quite
11 possibly her magnum opus in prose, is a work
12 which has grown and transcended over the years
13 into the black woman's national anthem.
14 And she leaves us with the words of
15 "A Brave and Startling Truth," a poem written on
16 the occasion of the 50th anniversary of the
17 United Nations, that reveals how we can achieve
18 peace on this earth. She wrote:
19 When we come to it
We, this people, on this wayward, floating
20 body
Created on this earth, of this earth
21 Have the power to fashion for this earth
A climate where every man and every woman
22 Can live freely without sanctimonious piety
Without crippling fear
23
When we come to it
24 We must confess that we are the possible
We are the miraculous, the true wonder of
25 this world
That is when, and only when
3133
1 We come to it.
2 In closing, I leave you again with
3 the words of Dr. Angelou, who, reflecting back
4 upon her extraordinary existence, said: "My life
5 has been long, and believing that life loves the
6 liver of it, I have dared to try many things,
7 sometimes trembling, but daring still."
8 Thank you.
9 ACTING PRESIDENT AVELLA: Senator
10 Stewart-Cousins.
11 SENATOR STEWART-COUSINS: Thank
12 you, Mr. President.
13 And I want to thank Senator Perkins
14 for introducing this resolution and reminding us
15 that Dr. Angelou was indeed another proud
16 resident of New York State and the Village of
17 Harlem.
18 I had the opportunity to meet
19 Dr. Angelou three times. Once in a gathering of
20 women. The second time when, after my first
21 race, in the resolution of my loss of 18 votes in
22 February, I was invited to hear Dr. Angelou, and
23 it couldn't have been a more healing balm after a
24 very, very traumatic and elongated time period.
25 And then the third time was when we
3134
1 were dealing with marriage equality. And
2 although it was clear and it was recorded that I
3 was a yes vote, Dr. Angelou called anyway. And
4 she called to talk, and she called to talk about
5 justice. And I said, "But Dr. Angelou, I am a
6 yes vote." And she says, "I know." She said,
7 "But I wanted you to know that I'm here for you,
8 for anything." She wanted me to be able to say
9 that she'd called. She knew that I was going to
10 cast the vote in the right way.
11 As Senator Perkins said, she was so
12 many things. And everybody who is going to speak
13 will speak to her virtues and her great indelible
14 mark that she's left.
15 But I thought that I'd read one of I
16 think the -- one of her most influential poems,
17 inspirational poems. "Phenomenal Woman" has
18 become the national anthem for black women and
19 for women, frankly. "Still I Rise," which was
20 published in 1978 in the book of that same name,
21 is one of my favorite things, and certainly an
22 inspiration I think to this day, for all people
23 and certainly for African-American people.
24 The poem is "Still I Rise."
25 You may write me down in history
With your bitter, twisted lies,
3135
1 You may tread me in the very dirt
But still, like dust, I'll rise.
2
Does my sassiness upset you?
3 Why are you beset with gloom?
'Cause I walk like I've got oil wells
4 Pumping in my living room.
5 Just like moons and like suns,
With the certainty of tides,
6 Just like hopes springing high,
Still I'll rise.
7
Did you want to see me broken?
8 Bowed head and lowered eyes?
Shoulders falling down like teardrops.
9 Weakened by my soulful cries.
10 Does my haughtiness offend you?
Don't you take it awful hard
11 'Cause I laugh like I've got gold mines
Diggin' in my own back yard.
12
You may shoot me with your words,
13 You may cut me with your eyes,
You may kill me with your hatefulness,
14 But still, like air, I'll rise.
15 Does my sexiness upset you?
Does it come as a surprise
16 That I dance like I've got diamonds
At the meeting of my thighs?
17
Out of the huts of history's shame
18 I rise
Up from a past that's rooted in pain
19 I rise
I'm a black ocean, leaping and wide,
20 Welling and swelling I bear in the tide.
Leaving behind nights of terror and fear
21 I rise
Into a daybreak that's wondrously clear
22 I rise
Bringing the gifts that my ancestors gave,
23 I am the dream and the hope of the slave.
I rise
24 I rise
I rise.
25
3136
1 Rest in peace, Dr. Angelou.
2 ACTING PRESIDENT AVELLA: Senator
3 Sanders.
4 SENATOR SANDERS: I wish you hadn't
5 called me so soon after that poem. One or two
6 speakers would have allowed what I say to have
7 great meaning. However, I too must speak of the
8 enormity of Dr. Maya Angelou.
9 Now, I did not know her personally
10 but I'm very, very familiar with her. We spent a
11 lot of time together. When I had great
12 difficulties, I used to turn to her for guidance.
13 When I found problems that I had never confronted
14 and thought that there may be no way out, I would
15 grab one of her great works. And lo and behold,
16 it would seem to offer a light at the end of the
17 tunnel.
18 Now a mighty tree has fallen; we
19 can't get away from that. This has been quite a
20 year in our forest. We have lost some of the
21 greatest trees. And this one, the crashing has
22 been resounding. A mighty tree that fallen.
23 Dr. Maya Angelou is -- her body is no longer with
24 us. We cannot argue that fact.
25 Mighty trees exist for many
3137
1 purposes. They provide shade, they provide
2 cover, they provide a certain amount of
3 protection for the lesser trees on the ground.
4 They serve as a model that the other trees can
5 look to and aspire to, perhaps.
6 When we think of artists, when we
7 think of dancers, when we think of poets, when we
8 think of civil rights activists, we have to also
9 think of sages. And that of course was Dr. Maya
10 Angelou, that and more.
11 We are grateful for many things,
12 including that Senator Perkins and all of these
13 very worthy Senators have come forward and said
14 that we must honor her. Did you say Harlem? I
15 thought it was -- she wasn't from Queens?
16 (Laughter.)
17 SENATOR SANDERS: I thought she was
18 from Queens all this time. She spoke so clearly
19 of our situation there. But perhaps I was wrong.
20 It wouldn't be the first time.
21 A mighty tree has fallen. But if
22 the trees do not fall in a great forest, it
23 doesn't provide light for lesser trees. Other
24 trees don't grow. A mighty tree must fall to
25 provide light for other trees to grow. So the
3138
1 passing of Dr. Maya Angelou offers an opportunity
2 for the new generation to come up -- those
3 inspired, those who have seen her great model and
4 say that perhaps they too can aspire.
5 Yet I must say that her body may
6 have left us, but she absolutely lives. As long
7 as she inspires youth, as long as she inspires
8 people to say that there is more beyond where
9 they are, that the dawn is no longer beyond their
10 reach, then Maya Angelou lives.
11 So we salute this mighty tree, and
12 we look forward to the other trees that will grow
13 in the soil that she has nourished.
14 Thank you very much.
15 ACTING PRESIDENT AVELLA: Senator
16 Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Mr. President.
19 I rise again to honor, with the rest
20 of us, a phenomenal woman. I wrote this speech
21 and rewrote it several different times. And
22 thanks to the fact that Senator Perkins spoke
23 before me, he took one poem, and our leader,
24 Senator Andrea Stewart-Cousins, took my second
25 poem -- I know she was quite prolific, but those
3139
1 I think are probably the two poems that most
2 people either recognize or resonate through
3 because of the struggle that they both represent,
4 one being her speech at the 50th anniversary for
5 the struggle of the U.N., and the other being an
6 encapsulation of her life and how she saw it and
7 the beauty from the darkness that she was able to
8 fashion.
9 I, like Andrea, had the opportunity,
10 and like Senator Perkins, had the opportunity to
11 be invited to one of her gatherings in Harlem, in
12 her brownstone, and be at a dinner party, thanks
13 to her godson, with whom I'm very close friends,
14 Tim. And he said, "Auntie has invited you to
15 dinner." And I was saying "Auntie?" He said
16 "Yeah." He said, "Auntie's inviting you to
17 dinner." I said, "She's inviting me to dinner?"
18 And he said "Absolutely."
19 And I have to tell you there are few
20 people that I've ever met in my life that totally
21 awe me, but she was certainly one. And for those
22 of you who know what a talker I can be, that
23 night I could not find words. It was a night to
24 listen, to absorb, and just be a part of the
25 fabric and to know how blessed I was to be among
3140
1 women who were personal -- and, you know, this
2 was not one of those 500-people dinner, this was
3 eight women who were invited to sit and to talk
4 and to just discuss things.
5 But the phenomenal piece was her
6 relationship with James Baldwin. And she was one
7 of the first that encouraged her to write.
8 You've heard how she was raped at the age of --
9 some books say 7 and some say 8, but at a very,
10 very, very early and tender age. And later she
11 raised her son Guy totally as a single mother.
12 And for so much of her life she experienced
13 poverty. But at no time in her life was she not
14 clear that there was a brighter light ahead. And
15 each of her poems, though they start dark, they
16 end bright and light.
17 I had particularly chosen the one
18 about -- "Still I Rise," the last verse. Because
19 what it does is it says that you -- that out of
20 the huts of shame, that history of shame from
21 which she came, she rose.
22 She says: "I rise. Up from a past
23 that's rooted in pain, I rise. I'm a black
24 ocean, leaping and wide, welling and swelling I
25 bear in the tide. Leaving behind nights of
3141
1 terror and fear, I rise. Into a daybreak that's
2 wondrously clear, I rise. Bringing the gifts
3 that my ancestors gave, I am the dream and the
4 hope of the slave. I rise. I rise. I rise."
5 Thank you.
6 ACTING PRESIDENT AVELLA: Seeing no
7 one else wishing to speak on the resolution, the
8 question is on the resolution. All in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT AVELLA: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT AVELLA: The
15 resolution is adopted.
16 Senator LaValle.
17 SENATOR LaVALLE: Mr. President,
18 can we open the resolution to all the members.
19 Anyone who does not want to be on the resolution,
20 please notify the desk.
21 ACTING PRESIDENT AVELLA: So
22 ordered.
23 Senator LaValle.
24 SENATOR LaVALLE: Mr. President,
25 can we go to the noncontroversial calendar,
3142
1 Calendar Number 692.
2 ACTING PRESIDENT AVELLA: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 692, by Senator LaValle, Senate Print 2282, an
6 act to amend the Education Law.
7 ACTING PRESIDENT AVELLA: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT AVELLA: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT AVELLA: Senator
15 Sanders to explain his vote.
16 SENATOR SANDERS: Thank you,
17 Mr. President.
18 I also want to thank Senator LaValle
19 for being kind. And I had some questions over
20 his legislation, questions that this legislation
21 could be misused and that we could set up a
22 situation where richer districts can push away
23 poorer districts.
24 However, he generously explained
25 that this was neither the intent nor the purpose
3143
1 of this. And I feel confident that these things
2 are true, so I vote aye.
3 ACTING PRESIDENT AVELLA: Announce
4 the result.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT AVELLA: The bill
7 is passed.
8 Senator LaValle.
9 SENATOR LAVALLE: Mr. President,
10 the Transportation Committee is to meet
11 immediately following the session in Room 804.
12 And the Labor Committee to meet immediately
13 following session in Room 511.
14 We are awaiting a motion. They have
15 it? Mr. President, would you call on Senator
16 Valesky.
17 ACTING PRESIDENT AVELLA: Senator
18 Valesky.
19 SENATOR VALESKY: Thank you,
20 Mr. President.
21 On behalf of Senator Klein, on
22 page 49 I offer the following amendments to
23 Calendar 762, Senate Bill 6634B, and ask that
24 said bill retain its place on the Third Reading
25 Calendar.
3144
1 ACTING PRESIDENT AVELLA: So
2 ordered.
3 Senator LaValle.
4 SENATOR LaVALLE: I'd like everyone
5 to listen very, very carefully. We will be
6 adjourning until Monday, June the 9th, at
7 2:00 p.m., intervening days being legislative
8 days.
9 ACTING PRESIDENT AVELLA: There
10 being no further business before the Senate, on
11 motion, the Senate stands adjourned until Monday,
12 June 9th, at 2 o'clock, intervening days being
13 legislative days.
14 (Whereupon, at 12:04 p.m., the
15 Senate adjourned.)
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