Regular Session - February 9, 2016

                                                                   499

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 9, 2016

11                     11:14 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               500

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

 2                ACTING PRESIDENT CROCI:   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 CROCI:   And to 

10   give our opening prayer today, the Reverend 

11   Peter G. Young, of the Mother Teresa Community 

12   in Albany.

13                REVEREND YOUNG:   Thank you, 

14   Senator.

15                Let us pray.

16                When we meet in session, sometimes 

17   we stop listening and use our communication 

18   skills to advocate only for our own constituents 

19   and their agenda.

20                God, You want us to communicate 

21   with respect and care for each other and each 

22   Senator here in this chamber, so that we might 

23   show our New York State citizens and 

24   constituents our example of togetherness and the 

25   common good of New York State.  


                                                               501

 1                Help us to have open ears and all 

 2   the hospitality of minds as we listen, share, 

 3   and build community, instead of disunity, for 

 4   our citizens.  

 5                We ask You this in God's name.  

 6   Amen.  

 7                ACTING PRESIDENT CROCI:   The 

 8   reading of the Journal.

 9                THE SECRETARY:   In Senate, Monday, 

10   February 8th, the Senate met pursuant to 

11   adjournment.  The Journal of Sunday, 

12   February 7th, was read and approved.  On motion, 

13   Senate adjourned.

14                ACTING PRESIDENT CROCI:   Without 

15   objection, the Journal stands approved as read.

16                Presentation of petitions.

17                Messages from the Assembly.

18                Messages from the Governor.

19                Reports of standing committees.

20                Reports of select committees.

21                Communications and reports from 

22   state officers.

23                Motions and resolutions.

24                Senator LaValle.

25                SENATOR LaVALLE:   Mr. President, 


                                                               502

 1   can we adopt the Resolution Calendar, with the 

 2   exception of Resolutions 3732, 3781, and 3797.

 3                ACTING PRESIDENT CROCI:   All in 

 4   favor of adopting the Resolution Calendar, with 

 5   the exception of Resolutions 3732, 3781, and 

 6   3797, signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT CROCI:   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT CROCI:   The

11   Resolution Calendar is adopted.  

12                Senator LaValle.  

13                SENATOR LaVALLE:   Mr. President, 

14   can we have the noncontroversial reading of the 

15   calendar.

16                ACTING PRESIDENT CROCI:   Very 

17   well.  The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   16, by Senator LaValle, Senate Print 6385A, an 

20   act to amend the Real Property Tax Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the same date and in 

25   the same manner as a chapter of the Laws of 


                                                               503

 1   2015.

 2                ACTING PRESIDENT CROCI:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 44.

 6                ACTING PRESIDENT CROCI:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 21, 

 9   by Senator Murphy, Senate Print 6390A, an act to 

10   amend the Social Services Law.

11                ACTING PRESIDENT CROCI:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

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

15   same manner as a chapter of the Laws of 2015.

16                ACTING PRESIDENT CROCI:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 44.

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 64, 

23   by Senator Croci, Senate Print 6365A, an act to 

24   amend the Executive Law.

25                ACTING PRESIDENT CROCI:   Read the 


                                                               504

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 44.

 8                ACTING PRESIDENT CROCI:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   144, by Senator Ranzenhofer, Senate Print 3969, 

12   an act to amend the Private Housing Finance Law.

13                ACTING PRESIDENT CROCI:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 30th day.

17                ACTING PRESIDENT CROCI:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 44.

21                ACTING PRESIDENT CROCI:   The bill 

22   is passed.

23                Senator LaValle, that completes the 

24   reading of the noncontroversial calendar.

25                SENATOR LaVALLE:   Mr. President, 


                                                               505

 1   can we return to motions and resolutions.

 2                ACTING PRESIDENT CROCI:   Motions 

 3   and resolutions.

 4                Senator LaValle.

 5                SENATOR LaVALLE:   Can we take up 

 6   Resolution 3797, by Senator Stewart-Cousins.  Can 

 7   we read it in its entirety, and the Senator would 

 8   like to open this resolution for cosponsorship.

 9                ACTING PRESIDENT CROCI:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 3797, by Senator 

13   Stewart-Cousins, memorializing Governor Andrew M. 

14   Cuomo to proclaim February 2016 as Black History 

15   Month in the State of New York.

16                "WHEREAS, Black History Month,  

17   previously known as Negro History Week, was 

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

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

20   has become a nationally recognized month-long 

21   celebration, held each year during the month of  

22   February to acknowledge and pay tribute to  

23   African-Americans neglected by both society and 

24   the history books; and 

25                "WHEREAS, The month of February 


                                                               506

 1   observes the rich and diverse heritage of our 

 2   great state and nation; and 

 3                "WHEREAS, Black History Month seeks 

 4   to emphasize Black history is American history; 

 5   and 

 6                "WHEREAS, Black History Month is a 

 7   time to reflect on the struggles and victories of 

 8   African-Americans throughout our country's 

 9   history and to recognize their numerous valuable 

10   contributions to the protection of our democratic 

11   society in war and in peace; and

12                "WHEREAS, Some African-American 

13   pioneers whose many accomplishments, all which 

14   took place during the month of February, went 

15   unnoticed, as well as numerous symbolic events  

16   in February that deserve to be memorialized 

17   include:  John Sweat Rock, a noted Boston lawyer 

18   who became the first African-American admitted  

19   to argue before the U.S. Supreme Court, on 

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

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

22   Representatives; Jonathan Jasper Wright, the 

23   first African-American to hold a major judicial 

24   position, who was elected to the South Carolina 

25   Supreme Court on February 1, 1870; President 


                                                               507

 1   Abraham Lincoln submits the proposed 

 2   13th Amendment to the U.S. Constitution, 

 3   abolishing slavery, to the states for 

 4   ratification on February 1, 1865; civil rights 

 5   protester Jimmie Lee Jackson dies from wounds 

 6   inflicted during a protest on February 26, 1965, 

 7   leading to the historic Selma, Alabama, civil 

 8   rights demonstrations, including Bloody Sunday, 

 9   in which 600 demonstrators, including Martin 

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

11   Autherine J. Lucy became the first 

12   African-American student to attend the University 

13   of Alabama, on February 3, 1956; she was expelled 

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

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

16   Foster graduated from the university with a 

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

18   daughter, Grazia Foster, graduated with a 

19   bachelor's degree in corporate finance; the 

20   Negro Baseball League was founded on February 3, 

21   1920; Jack Johnson, the first African-American 

22   World Heavyweight Boxing Champion, won his first 

23   title on February 3, 1903; and Reginald F.  

24   Lewis, born on December 7, 1942, in Baltimore,  

25   Maryland, received his law degree from Harvard 


                                                               508

 1   Law School in 1968, and was a partner in Murphy, 

 2   Thorpes & Lewis, the first black law firm on 

 3   Wall Street; in 1989, he became president and CEO 

 4   of TLC Beatrice International Food Company, the 

 5   largest black-owned business in the 

 6   United States; and 

 7                "WHEREAS, In recognition of the vast  

 8   contributions of African-Americans, a joyful 

 9   month-long celebration is held across New York 

10   State and across the United States, with many 

11   commemorative events to honor and display the 

12   cultural heritage of African-Americans; and 

13                "WHEREAS, This Legislative Body  

14   commends the African-American community for 

15   preserving, for future generations, its 

16   centuries-old traditions that benefit us all and 

17   add to the color and beauty of the tapestry which 

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

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to memorialize  

21   Governor Andrew M. Cuomo to proclaim February 

22   2016 as Black History Month in the State of 

23   New York; and be it further 

24                "RESOLVED, That copies of this  

25   resolution, suitably engrossed, be transmitted  


                                                               509

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

 2   State of New York, and to the events 

 3   commemorating Black History Month throughout 

 4   New York State."

 5                ACTING PRESIDENT CROCI:   Senator 

 6   LaValle.

 7                SENATOR LaVALLE:   Mr. President, 

 8   would you recognize Senator Stewart-Cousins.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Stewart-Cousins.

11                SENATOR STEWART-COUSINS:   Yes, 

12   thank you, Mr. President.

13                I rise, as I do every year, to 

14   recognize Black History Month.  And when I rise, 

15   I talk about a lot of different things, certainly 

16   many things that were in the resolution -- my 

17   parents and their struggle for equality in our 

18   great nation, heroes and heroines in our 

19   communities who are often unsung.  

20                And today, when I thought about my 

21   Black History message, I thought about the 

22   significance of this day in my life.  February 9, 

23   2005, I found out that I had lost my race for 

24   Senate by 18 votes.  It was the longest 

25   unresolved race in New York State history.  And 


                                                               510

 1   of course I'm here, so clearly the next time I 

 2   was successful.

 3                I also thought about what happened 

 4   during my time as Senator when on November 4, 

 5   2008, what we thought could never happen -- at 

 6   least in the black community -- happened:  We 

 7   elected President Barack Obama, the first 

 8   African-American president in our nation's 

 9   history.

10                And I realized at that point, and 

11   now, this will be the last Black History Month 

12   celebration that I will be speaking while there 

13   is a black president.

14                So I guess the conversation for me 

15   today is about voting.  It's about voting rights, 

16   it's about the franchise that is so important to 

17   America and its sense of democracy.  It's about 

18   the history that goes back, obviously, before 

19   President Lincoln's Emancipation Proclamation in 

20   1863, where the enslaved Africans were freed.

21                We realize that even that freedom, 

22   in quotes, didn't bring the right to vote.  That 

23   happened later, with the 15th Amendment, 

24   February 3, 1870, where African-American men were 

25   allowed to vote.  Of course we know the women 


                                                               511

 1   were allowed to vote in 1920.

 2                Even that 15th Amendment, and the 

 3   later amendment that included women, didn't allow 

 4   for African-Americans, especially in the South, 

 5   to exercise their franchise.  They were still 

 6   subject to Jim Crow Laws -- literacy tests, all 

 7   kinds of impossible tests that nobody else who 

 8   was a citizen of this great nation were subjected 

 9   to, thereby disallowing the American population, 

10   the full American population who should have been 

11   allowed to vote, to vote.

12                And it was the constant struggle and 

13   the constant push for a full democracy that 

14   allowed for finally -- and we've heard about 

15   Bloody Sunday and we've talked about, obviously, 

16   the influences of Rosa Parks and Dr. King.  And 

17   all of those sung and unsung heroes and heroines 

18   made sure that by 1965 the Voting Rights Act was 

19   passed that removed obstacles from 

20   African-Americans exercising their right to vote.

21                So here we are today, on the eve of 

22   a new election, with the reality that in many of 

23   our communities, less than 40 percent of the 

24   people actually vote -- many who have really 

25   benefited from the sacrifices of people who came 


                                                               512

 1   before.  Because people understood that if you 

 2   exercised your right to vote, you would have as 

 3   much say as every other person who was a citizen 

 4   of this country.  

 5                As we stand on this eve of a new 

 6   election, as we celebrate African-American 

 7   history, my message is the history of our rights 

 8   to vote, and the fruit that the exercise of those 

 9   rights have yielded, should not be taken for 

10   granted.  So much a part of our history is about 

11   our democracy, so much of black history is about 

12   pushing the ideals of that democracy so that they 

13   become reality for everyone.

14                So as we celebrate black history, 

15   let's celebrate our heroes, celebrate our 

16   accomplishments, but don't forget that the basic 

17   and fundamental right to vote is at the core of 

18   it all.

19                Thank you.

20                ACTING PRESIDENT CROCI:   Senator 

21   Comrie.

22                SENATOR COMRIE:   Thank you, 

23   Mr. President.

24                I rise today to second our Leader 

25   Cousins' speech in noting Black History Month.


                                                               513

 1                Black History Month in America means 

 2   a lot of things to a lot of people.  It means a 

 3   time of reflection, it means a time of reviewing 

 4   history, renewing history, reminding people of 

 5   the sacrifices that people have made for progress 

 6   in this country, reminding people of the people 

 7   that had to fight to get the right to vote, to 

 8   get the right for respect, to get the right to 

 9   takes buses, to get basic rights that any 

10   American citizen should have and still have 

11   today.

12                As our Leader Cousins has spoken on 

13   the fact that it all boils down to the right to 

14   vote.  And in New York State, where we have one 

15   of the lowest voter turnouts and participation, 

16   it reminds me that we still need to go out and 

17   reach out to all segments of our population so 

18   that they can understand what the power of the 

19   vote is and the need to vote.

20                And as I am reminded by Martin 

21   Luther King, we are not makers of history, we are 

22   made by history.  We must make sure that we send 

23   out that message to all that we know and be 

24   living examples to make sure that people 

25   understand that history is made in the present; 


                                                               514

 1   history is made by each one giving back; history 

 2   is made by being a living example and a walking 

 3   solution to people that have problems; history is 

 4   made by us as elected officials by reaching out 

 5   and touching people, by impacting people in a 

 6   positive way, by trying to make sure that the 

 7   Senate and all elected officials in New York 

 8   State do their utmost to try to make a positive 

 9   change in this state, by making sure that we 

10   reach out to our young people that are 

11   disconnected from history, that are disconnected 

12   from reality so that we can show them that 

13   there's a better way.

14                The object of history and 

15   understanding our past is to try to ensure that 

16   we have a better future, and not fall down the 

17   same gateways and potholes that we fell into when 

18   we were not united in purpose, when we did not 

19   have a singular goal, when we could not find 

20   opportunities to bring each other together.

21                What we've learned from history in 

22   the Black History Movement was that in struggle 

23   there was unity, in struggle there was an 

24   opportunity to come to a consensus, in struggle 

25   there was an opportunity to find a peace and find 


                                                               515

 1   an opportunity to make good.  And I think that we 

 2   need to remember that as Black History Month and 

 3   try to emulate that.

 4                In my district, I put together 

 5   opportunities this month for people of 

 6   intergenerational -- different generations to 

 7   come together and speak about their experiences, 

 8   both young and old, so that the young people 

 9   could teach the old and the old people can remind 

10   the young of what they've been through.

11                I'm honored in my district to have 

12   one of the original Tuskegee Airmen, who is over 

13   93 years old and has a stronger grip than almost 

14   anyone in this chamber and is still a very active 

15   and agile person who was also, when he came out 

16   of Tuskegee, became one of the first black car 

17   dealers, car salesperson and then dealer in 

18   Philadelphia, then came to New York.  

19                I'm honored in my district that I 

20   have many people that participated in the March 

21   on Washington and participated in many of the 

22   struggles in the early Black History Movement 

23   that have tutored and mentored many young people 

24   and have tried to tell their story.

25                I just want to hope that we can all 


                                                               516

 1   be storytellers by our example, not just during 

 2   Black History Month, but every day in our lives, 

 3   so that we can teach people to be better people 

 4   in our future so that our state and our country 

 5   can be a better place.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Serrano.

 9                SENATOR SERRANO:   Thank you, 

10   Mr. President.  

11                And before I begin, I want to first 

12   thank my leader and friend, Senator 

13   Stewart-Cousins, for bringing forth this 

14   resolution.  She is the epitome of class and 

15   grace, and it's such a pleasure to know her, and 

16   in many ways exemplifies the importance of this 

17   month and the issues of diversity.  And the 

18   opportunities that she presents to all of us, not 

19   only in her district but throughout the state, I 

20   think are immeasurable.  

21                And this resolution is significant 

22   on so many different levels.  It gives us an 

23   opportunity to take a moment to think about the 

24   struggles that have been going on for civil 

25   rights for so many years.  And as a Puerto Rican 


                                                               517

 1   myself, thinking about how the struggle in the 

 2   African-American community is not dissimilar from 

 3   the struggles of any civil rights movement in any 

 4   community here in our great land.

 5                So it has really fostered discussion 

 6   about the importance of equality for women, for 

 7   all people of color, for all who feel oppressed 

 8   or marginalized in a society which was built on 

 9   inclusiveness and should continue to be built on 

10   that.

11                Anyone who believes somehow that 

12   Black History Month is not necessary really 

13   should think about how much more we still have to 

14   do.  You know, with all that we have with social 

15   media now and with Twitter and other social media 

16   platforms, we're able to see in real time that 

17   there still continues to be really shameful 

18   displays of bigotry on a community level.  

19                And how do we combat that?  We 

20   combat that through education.  We combat that 

21   through understanding and really by showing that 

22   this struggle that we all care so deeply about is 

23   not specific to any one group, but is a struggle 

24   that all of us should feel completely wedded to 

25   because it is the American dream.  And this 


                                                               518

 1   country was built upon stepping back and pushing 

 2   against oppression.

 3                So I think it's important that we 

 4   continue to embrace that foundation of our 

 5   society, and this resolution and Black History 

 6   Month celebrations that we have all throughout 

 7   our nation are a testament to that need.

 8                Thank you.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Sanders.

11                SENATOR SANDERS:   Thank you, 

12   Mr. President.  

13                To some, Black History Month may be 

14   a deification of ancient glories, a time when we 

15   get together and speak about victories of days 

16   gone by.  I would suggest that they misunderstand 

17   what the month is about.

18                The month is actually a time where 

19   we reflect on America, a time where we get a 

20   chance to say -- to hold true that out of many, 

21   we are one.  A chance we have to look at how far 

22   we have come.

23                Yes, there have been many steps and 

24   stutters and pauses along the way, but the 

25   American people have been able to move forward.  


                                                               519

 1   When we look at black history, when we look at 

 2   this month, it's not simply a month of black 

 3   people.  Every part of the victories of the black 

 4   population here have been aided by good people of 

 5   every type -- of women, of whites, of Native 

 6   Americans, of Asians, of Latinos, of every 

 7   person, when we speak of this particular month.

 8                Going further, my friends, I would 

 9   suggest to you that this is not a time where we 

10   look to the past, but indeed a time that we look 

11   to the future, that Black History Month is what's 

12   happening now, how you live your life.  

13                The children of Martin Luther King 

14   and Malcolm X are best seen in the Black Lives 

15   Matters movement, where people are saying that, 

16   hey, the American Revolution is not finished.  We 

17   are not finished.  This is a thing of beauty that 

18   has to be forever replenished.  I'm thinking of 

19   some of the ancient patriots when I speak of 

20   that.

21                So we are looking at things that, 

22   every day, what you do is create this type of 

23   history.  That's why I'm glad that the people 

24   from the YAI are here, where they are 

25   participating -- that was a plug, my friends -- 


                                                               520

 1   that they are participating in this type of 

 2   history where they're building things.  

 3                So I encourage all of us to renew 

 4   our faith in America at this time.  We need to 

 5   renew it and make sure that the dreams so many 

 6   have died for, that we have a chance of making it 

 7   a reality.  In this month and the next month and 

 8   the months to come, we need to say that all of 

 9   this is American history.  We're reflecting on 

10   the blacks, but at the same time you cannot have 

11   American history without black history.  

12                And with that being said, I shall 

13   say no more.

14                ACTING PRESIDENT CROCI:   The 

15   question is on the resolution.  All in favor 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT CROCI:   Opposed, 

19   nay. 

20                (No response.)

21                ACTING PRESIDENT CROCI:   The 

22   resolution is adopted.

23                Senator LaValle.

24                SENATOR LaVALLE:   Mr. President, 

25   can we take up previously adopted Resolution 


                                                               521

 1   3280, by Senator Ritchie, and read the title 

 2   only.  And Senator Ritchie would also like to 

 3   open the resolution for cosponsorship.

 4                ACTING PRESIDENT CROCI:   The 

 5   resolution is open for cosponsorship.  If you do 

 6   not wish to be cosponsor, please notify the desk.

 7                The Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 3280, by Senator Ritchie, 

10   memorializing Governor Andrew M. Cuomo to 

11   proclaim February 20-27, 2016, as Future Farmers 

12   of America Week in the State of New York.

13                SENATOR LaVALLE:   Would you 

14   recognize Senator Ritchie.

15                ACTING PRESIDENT CROCI:   Senator 

16   Ritchie.

17                SENATOR RITCHIE:   Thank you, 

18   Mr. President.  

19                Today on both sides of the gallery 

20   we have FFA students from across New York State 

21   from 40 different chapters, including four from 

22   my district, which is Belleville-Henderson, South 

23   Jefferson, Canton and Carthage.  

24                We also have the officers for 

25   New York State, and they are Sara Millspaugh, 


                                                               522

 1   state president, from Albion; Emma Wegner, 

 2   vice president, from Schoharie; Kaylah Gulley, 

 3   treasurer, Greenwich; Tricia Jordan, secretary, 

 4   Greenwich; Lindsey Palmer, state sentinel, 

 5   Hamilton; and Erin Langdale, state reporter, 

 6   Warwick.  

 7                And I have to say every year I look 

 8   forward to FFA Day, because I'm so impressed with 

 9   the students that come, not just because of their 

10   agriculture experience and how much they know 

11   about it, but because of their abilities and the 

12   fact that these are our leaders of the future.  

13                I know that when I visit with many 

14   of them from across the state, one of the things 

15   that amazes me most is that I think many of us 

16   believed in the past that the FFA students came 

17   from farming families.  That's not true today.  

18   The students that come are from many different 

19   families who have not had agriculture in their 

20   past and who are now interested in producing a 

21   career in the field.

22                So it's really quite enlightening to 

23   see how much their teachers have taught them and 

24   how they've encouraged them to look at the 

25   opportunities to be part of the industry going 


                                                               523

 1   forward.

 2                So I want to welcome all of you to 

 3   the chamber today, and I want you to know that 

 4   we're all very proud of you.  We look forward to 

 5   what you're going to do in the future.  And thank 

 6   you for coming.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Little.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.  

12                I'd like to join my colleague 

13   Senator Ritchie and thank her for this 

14   resolution.  

15                And I too would like to express my 

16   thanks to the Future Farmers of America, FFA, for 

17   being here today and for all that they do -- for 

18   all that their leaders do, for all that the 

19   students who adopt leadership positions and learn 

20   so much by being part of this great organization.  

21                I have students today from Argyle, 

22   Greenwich, Hartford, Chateaugay, Salem, 

23   Cambridge, and Schuylerville Central Schools.  

24   And as Senator Ritchie mentioned, not all of them 

25   are from farm families.  But the phenomenon of 


                                                               524

 1   the last 15, 20 years, when people want to know 

 2   where their food is coming from, has certainly 

 3   involved more and more people getting involved in 

 4   farmers markets and marketing of local produce 

 5   and all.  And these students have just joined 

 6   that effort and have learned so much.  

 7                The program has grown so that there 

 8   are schools asking for ag programs, even though 

 9   they don't have a large number of farms in their 

10   area, and the new distance learning programs are 

11   beginning to do that.

12                So thank you to all the students 

13   that are here.  Thank you for your teachers, 

14   advisors, and those who have helped you get to 

15   this position.  And good luck in the future.  

16   Happy to have you here today.  

17                Thank you.

18                ACTING PRESIDENT CROCI:   Senator 

19   Stavisky.

20                SENATOR STAVISKY:   Thank you, 

21   Mr. President.  

22                I guess you're wondering why a 

23   legislator from an urban, diverse county such as 

24   Queens County would get up, first to thank 

25   Senator Ritchie for introducing this resolution, 


                                                               525

 1   but also to speak on it.  

 2                Believe it or not, I represent the 

 3   largest chapter of the Future Farmers of America 

 4   in the state, and perhaps the country.  We have a 

 5   high school in my Senate district, John Bowne 

 6   High School, that has an agricultural program, 

 7   and it's just a marvelous program.  I met earlier 

 8   with the students and the teacher from the 

 9   Vernon-Verona-Sherrill Future Farmers of America, 

10   and they were just terrific.  They are the best 

11   lobbyists you could have.  

12                But I didn't need convincing, 

13   because I have been to John Bowne many times, and 

14   I'm very proud of my constituents, of the young 

15   people, the assistant principal at John Bowne, 

16   Steve Perry, who is a graduate of John Bowne, a 

17   graduate of Cornell, and came back to teach 

18   agriculture.  

19                They have a farm, they have -- they 

20   host the Vernon-Verona-Sherrill School District, 

21   who has a very interesting maple syrup van, they 

22   come, they exchange programs.  And to me, this is 

23   what education should be:  Hands-on, and it's 

24   something that brings us together as a state to 

25   appreciate agriculture.  You don't have to be 


                                                               526

 1   from a rural district.  

 2                So again, I thank you.  And I 

 3   encourage all of people here from the Future 

 4   Farmers of America to continue, and let us all 

 5   work together in our common mission.  

 6                Thank you.  

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Panepinto.

 9                SENATOR PANEPINTO:   Yes, I'd also 

10   like to extend my congratulations and thanks to 

11   the Future Farmers of America.  

12                I didn't know about the group until 

13   I got on Senator Ritchie's committee, and I'm the 

14   ranker on Ag.  And I've just been incredibly 

15   impressed by the leadership of the young people 

16   involved in FFA.  And I got a chance to meet a 

17   number of them at the hotel last night where I 

18   stay at, they were having a dance downstairs.  

19                And, you know, I think it builds 

20   leaders across the board.  And we have -- 

21   99 percent of the farms in New York State are 

22   family farms, and we're giving these folks a 

23   pathway to take over their family farms and 

24   continue a $6 billion industry in our state 

25   through FFA.


                                                               527

 1                So it's a tremendous organization, 

 2   we need to support it.  And just to echo some of 

 3   the things Senator Stavisky had to say, they 

 4   brought around, you know, maple production 

 5   packets yesterday to my office.  And I am a 

 6   tremendous supporter of Maple Weekend, which is 

 7   two weekends this year in New York State, the 

 8   weekend of March 16 and 17, and April 2 and 3, 

 9   and I'll be going to both weekends in my 

10   district.  

11                So thank you again, FFA.

12                ACTING PRESIDENT CROCI:   Senator 

13   Akshar.

14                SENATOR AKSHAR:   Thank you, 

15   Mr. President.  

16                I rise to thank my colleague Senator 

17   Ritchie for this resolution.  

18                And I had an opportunity, 

19   Mr. President, to meet with about 25 students 

20   this morning from FFA, and I found them to be 

21   remarkably intelligent, inspirational, forward 

22   thinking, and just a wonderful group.  

23                So I want to thank my colleague 

24   Senator Ritchie for this resolution, and I want 

25   to welcome each of the students to the chamber.  


                                                               528

 1   It was a remarkable event this morning, and I 

 2   thank you for everything that you're doing.

 3                I would encourage all of my 

 4   colleagues in this house moving forward to ensure 

 5   that we support Ag in the classroom and FFA-type 

 6   events.  

 7                Thank you.

 8                ACTING PRESIDENT CROCI:   The Senate 

 9   would like to extend a warm welcome to all of the 

10   students here with FFA.  

11                Senator Comrie.

12                SENATOR COMRIE:   I want to echo the 

13   sentiments of my colleagues and thank Senator 

14   Ritchie.  I serve on the Agriculture Committee as 

15   well.  

16                I heard some very inspiring speeches 

17   from the FFA students this morning.  And I also 

18   heard that we have a shortage of agricultural 

19   teachers that are available and willing to teach 

20   these students, to make sure that we continue 

21   having an economy upstate, having young people 

22   that are engaged and staying in New York State.  

23                I was truly moved by what I heard, 

24   and I want to compliment Senator Ritchie for 

25   continuing to push the idea, to push to make sure 


                                                               529

 1   that the opportunities for young people upstate 

 2   to stay in farming are highlighted.

 3                I want to thank her for doing 

 4   everything she can to make sure that all of us 

 5   are aware of those issues.  And hopefully we can 

 6   help improve the ability of people that want to 

 7   be teachers, agricultural teachers, in this 

 8   budget, so that we can have more people that are 

 9   willing to stay in New York State and do work in 

10   expressly farming.  

11                Thank you, Senator Ritchie.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT CROCI:   Senator 

14   LaValle.

15                SENATOR LaVALLE:   Mr. President, 

16   can we take up Resolution 3732, by Senator Funke.  

17   Would you read the title only, and Senator Funke 

18   would like to open the resolution for 

19   cosponsorship.  And then would you recognize 

20   Senator Funke.

21                ACTING PRESIDENT CROCI:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 3732, by Senator Funke, 

25   commemorating the 100th Anniversary of Wegmans 


                                                               530

 1   Food Markets, Inc.

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Funke.

 4                SENATOR FUNKE:   Thank you, 

 5   Mr. President.  

 6                When Leader Flanagan opened our 

 7   session a couple of weeks ago, he kind of went 

 8   through everybody's district and talked about 

 9   something unique in their districts.  And when he 

10   got to the 55th State Senate District, I was kind 

11   of excited because he mentioned a jewel, not only 

12   in our community but in all of New York State, 

13   and that's Wegmans Food Markets.  

14                With all due respect to my Central 

15   and Western New York colleagues, Wegmans is 

16   distinctly a Rochester claim to fame.  When you 

17   think of Rochester, you think of Wegmans.  You 

18   might also think of Kodak, Xerox and Bausch & 

19   Lomb, but today we're talking about Wegmans.  

20                Now, for those of you who don't have 

21   a Wegmans in your area, let me start by saying 

22   I'm sorry.  You don't know what you're missing.  

23   Also I understand that praising a grocery store 

24   might seem a little over the top to some of you 

25   here -- crazy, even -- but let me tell you a 


                                                               531

 1   couple of ways Wegmans is so important in our 

 2   community.  

 3                First, consider the fact that the 

 4   flagship Pittsford Wegmans, in the heart of my 

 5   district, isn't just a grocery store, it's a 

 6   tourist attraction.  For those of us from 

 7   Rochester, it's not uncommon to bring our 

 8   out-of-town guests first to this beautiful, 

 9   state-of-the-art, 140,000-square-foot Pittsford 

10   Wegmans, with its burger bar, coffer shop, sushi 

11   buffet, giant bulk candy section, and on and on.  

12   It is that good.

13                Now, we have a lot of great tourist 

14   attractions in the Rochester area, including our 

15   Strong National Museum of Play -- which happens 

16   to have a mini-Wegmans inside.  

17                Second, understand that Wegmans 

18   doesn't just occupy space in our regional 

19   economy, it drives it every single day.  As our 

20   region's third-largest employer, Wegmans employs 

21   nearly 14,000 of our friends and neighbors.  And 

22   by all accounts, the company is a great place to 

23   work, consistently ranked among the very best 

24   places to work in America.  In fact, it's 

25   possible that the ones who love Wegmans more than 


                                                               532

 1   its employees are its customers, because they 

 2   have made it America's top company for consumer 

 3   satisfaction and brand loyalty.

 4                But most of all, Wegmans says it 

 5   best when they say they are more than just a 

 6   chain of stores.  They are giving back to our 

 7   neighbors and our neighborhoods each and every 

 8   day in my district.  And they have done that for 

 9   generations, whether it's donations to the food 

10   bank, whether it's providing jobs and 

11   scholarships for young people who work there, the 

12   Wegmans School of Nursing and Pharmacy at 

13   St. John Fisher College, or Danny Wegman's 

14   service as our cochair of our regional economic 

15   development council.  

16                The Wegman family name is synonymous 

17   with community giving in our area.  Bob handed 

18   that down to Danny, who handed that down to his 

19   daughters Colleen and Nicole.  

20                So today as we celebrate 100 years 

21   of Wegmans, I offer my most heartfelt thanks and 

22   congratulations to everybody on the Wegmans team 

23   for their incredible success and their service to 

24   our community.  Here's to a hundred more years of 

25   Wegmans putting Rochester on the map and making 


                                                               533

 1   all of us very proud.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT CROCI:   Seeing no 

 4   one else wishing to address the chamber, the 

 5   question is on the resolution.  All in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT CROCI:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT CROCI:   The 

12   resolution is adopted.

13                Senator LaValle.

14                SENATOR LaVALLE:   Can we recognize 

15   Senator Comrie for a gallery introduction.

16                ACTING PRESIDENT CROCI:   Senator 

17   Comrie.

18                SENATOR COMRIE:   Thank you, Senator 

19   LaValle.  Thank you, Mr. President.

20                I just wanted to let the Senators 

21   know that I have a group of students from my 

22   district that are here from Pathways High School 

23   in Saint Albans.  They're here visiting, they're 

24   up in the chamber today.  They're a bunch of 

25   young people that -- Pathways High School is a 


                                                               534

 1   college prep school, it's in my district, that 

 2   has an excellent program.  They're young people 

 3   that are working hard to be the future leaders of 

 4   our community.  

 5                I just wanted to welcome them and 

 6   thank you for coming up and spending the day in 

 7   Albany.  And I hope that you get to stop by every 

 8   office that you want to see.  And I hope that 

 9   this will also encourage you to stay part of the 

10   political process.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT CROCI:   Senator 

13   LaValle.

14                SENATOR LaVALLE:   Mr. President, 

15   before we take up the last resolution, by 

16   Senator Kennedy, I'd like to once again open up 

17   for cosponsorship the resolutions by Senator 

18   Ritchie and by Senator Funke.

19                ACTING PRESIDENT CROCI:   The 

20   resolutions are opened for cosponsorship.  If you 

21   do not wish to be a cosponsor, please notify the 

22   desk.

23                Senator LaValle.

24                SENATOR LaVALLE:   Can we now take 

25   up Resolution 3781, by Senator Kennedy, and read 


                                                               535

 1   the title only.

 2                ACTING PRESIDENT CROCI:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 3781, by Senator Kennedy, 

 6   commemorating the 90th Anniversary of the 

 7   Buffalo Criterion.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Kennedy.

10                SENATOR KENNEDY:   Thank you, 

11   Mr. President.  

12                Today I rise to honor a 

13   well-respected and venerable institution in my 

14   district, the Criterion newspaper, on the 

15   occasion of their 90th anniversary.  It's fitting 

16   that this resolution is being considered today in 

17   February, as we celebrate Black History Month, 

18   because the Criterion is the oldest continuously 

19   published African-American newspaper in Western 

20   New York.  

21                The paper was founded in 1925 by 

22   Frank E. and Carmelita Merriweather, with the 

23   goal of providing a voice to the Western New York 

24   African-American community.  This voice was badly 

25   needed, as most other newspapers published very 


                                                               536

 1   few -- if any -- stories relevant to the 

 2   African-American community.  But the Criterion 

 3   was different.  The paper sought to inform the 

 4   black community on issues of health, education, 

 5   employment, housing, religion and civil rights, 

 6   at a time when this information was not commonly 

 7   reported on.

 8                Finding difficulty in securing 

 9   printing assistance, the Criterion was the first 

10   central-city publisher in Western New York to own 

11   a complete newspaper plant, with Linotypes, 

12   printing presses, photoengraving equipment, and 

13   news cameras.

14                Frank and Carmelita weren't deterred 

15   by a challenge.  They found a way to bring the 

16   voice of the community to life.  The Criterion 

17   encouraged participation in the political 

18   process, regardless of party affiliation, and by 

19   urging readers to run for committee.  Their 

20   belief was that society and the community was 

21   bettered through participation.  

22                Early on, the Criterion went through 

23   great expense to start picturizing minority 

24   activities in Buffalo and Western New York, at a 

25   time when few other papers sought to do so.  


                                                               537

 1   These pictures remain a valuable record in the 

 2   history of Western New York, the City of Buffalo, 

 3   the state, and the nation.  

 4                In 1959, Frank E. Merriweather, Jr., 

 5   succeeded his father as publisher, continuing the 

 6   goals of the paper up until his death in 1995.  

 7   Leadership of the Criterion is continued today by 

 8   Frank Merriweather, Jr.'s wife, Evelyn, and it 

 9   remains a family affair.  Frank and Evelyn's 

10   daughters, Frances and Patty, serve as editor and 

11   associate editor, and Frank E. Merriweather III 

12   is photojournalist and public affairs director, 

13   not to mention friend of everyone in the 

14   community.  

15                And, Mr. President, Buffalo has 

16   shown an appreciation to the Merriweathers for 

17   their contributions through the Criterion.  A 

18   branch of the Buffalo & Erie County Public 

19   Library has been renamed for Frank E. 

20   Merriweather, Jr.  And a portion of William 

21   Street in the heart of the City of Buffalo has 

22   been renamed Frank E. Merriweather, Sr. 

23   Boulevard.  

24                Appreciating everything that the 

25   family and the Criterion have done and 


                                                               538

 1   contributed to our community, we bring this 

 2   resolution forward here today celebrating the 

 3   90th anniversary -- soon to be the 91st 

 4   anniversary next month -- of the Criterion.  And 

 5   I ask that this body recognize the immense 

 6   contribution to the Buffalo community, to 

 7   New York State, and to the historic record that 

 8   the Criterion and the Merriweather family has 

 9   played.  Here's to another 90 years.  

10                Mr. President, I vote aye, and I 

11   would ask that this resolution be opened up for 

12   cosponsorship.  Thank you.

13                ACTING PRESIDENT CROCI:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.  

16                (Response of "Aye.")

17                ACTING PRESIDENT CROCI:   Opposed, 

18   nay.

19                (No response.)

20                ACTING PRESIDENT CROCI:   The 

21   resolution is adopted.

22                Senator LaValle.

23                SENATOR LaVALLE:   Mr. President, 

24   would you open the resolution for cosponsorship 

25   by Senator Kennedy.


                                                               539

 1                ACTING PRESIDENT CROCI:   The 

 2   resolution will be open for cosponsorship.  If 

 3   you do not wish to be a cosponsor, please notify 

 4   the desk.

 5                Senator LaValle.

 6                SENATOR LaVALLE:   Can we go back to 

 7   motions and resolutions.

 8                ACTING PRESIDENT CROCI:   Motions 

 9   and resolutions.

10                SENATOR LaVALLE:   Mr. President, on 

11   Senator Griffo's behalf, on page number 9 I offer 

12   the following amendments to Calendar Number 6, 

13   Senate Print Number 2722C, and ask that said bill 

14   retain its place on the Third Reading Calendar.

15                ACTING PRESIDENT CROCI:   So 

16   ordered.

17                SENATOR LaVALLE:   Is there any 

18   further business at the desk?  

19                ACTING PRESIDENT CROCI:   There is 

20   no further business before the desk.

21                SENATOR LaVALLE:   Mr. President, 

22   then I move that we adjourn until Wednesday, 

23   February 24th, at 3:00 p.m., intervening days 

24   being legislative days.

25                ACTING PRESIDENT CROCI:   On motion, 


                                                               540

 1   the Senate stands adjourned until Wednesday, 

 2   February 24th, at 3:00 p.m., intervening days 

 3   being legislative days.

 4                (Whereupon, at 11:58 a.m., the 

 5   Senate adjourned.)

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25