Regular Session - April 23, 2013
1811
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 23, 2013
11 3:45 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DAVID J. VALESKY, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
1812
1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will please come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT VALESKY: We are
10 joined today by Brother George Chang, the
11 executive director of the Buddhist Tzu Chi
12 Foundation. He will give our invocation.
13 BROTHER CHANG: Good afternoon,
14 honored and esteemed Senators, ladies and
15 gentlemen. Please join with me in the spirit of
16 your faith tradition as we pray together this
17 afternoon.
18 Let us join our hands and hearts
19 together, in sincere wish for peace in our land
20 and for blessings, love, and care for each one
21 in this world.
22 As we pray, let us remember those
23 who suffered injury or lost lives in the past
24 week in the wake of the manmade and natural
25 disasters of the West, Texas explosion, the
1813
1 Boston Marathon bombing, and the earthquake in
2 Sichuan, China.
3 Let us also offer our prayers and
4 blessings to those here at home in the State of
5 New York who continue to suffer in the wake of
6 Superstorm Sandy.
7 From all corners of the world, let
8 us end our hate with love as we, the brothers
9 and sisters of mankind, from all races,
10 religions, colors and creeds, united as one.
11 Let us pray.
12 May we practice all that is good.
13 May we do nothing that is harmful. May we be
14 Bodhisattvas in this world, eliminating all
15 afflictions and benefiting all living beings.
16 May our minds remain still, pure
17 and tranquil. May our vows be as vast as the
18 universe, unwavering for countless eons. May
19 infinite paths to the Ultimate Truth readily
20 appear before us, and may we attain great wisdom
21 and be awakened to our infinite potential.
22 Let me share with you the blessing
23 from our founder, Dharma Master Cheng Yen, in
24 Chinese. {In Mandarin: "When facing suffering,
25 nurture compassion. When facing change, test
1814
1 our wisdom. When facing adversity, develop
2 resilience. When facing tedium, practice
3 patience. When facing complexity, appreciate the
4 positive. In pursuit of ideals, strive for
5 improvement. When facing egos, exercise
6 humility. Let society be in harmony, without
7 conflict. Let us cultivate and protect the earth
8 evermore. Let us put an end to all afflictions
9 and disasters on earth. In the name of Buddhas,
10 Amitofo.")
11 Thank you.
12 ACTING PRESIDENT VALESKY: The
13 reading of the Journal.
14 The Secretary will read.
15 THE SECRETARY: In Senate, Monday,
16 April 22nd, the Senate met pursuant to
17 adjournment. The Journal of Friday, April 19th,
18 was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT VALESKY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
1815
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Libous.
6 SENATOR LIBOUS: Thank you,
7 Mr. President. I do have a couple of motions.
8 On behalf of Senator Martins, on
9 page 14 I offer the following amendments to
10 Calendar Number 168, Senate Print 3661, and ask
11 that said bill retain its place on the Third
12 Reading Calendar.
13 ACTING PRESIDENT VALESKY: So
14 ordered.
15 SENATOR LIBOUS: Thank you,
16 Mr. President.
17 On behalf of Senator Golden, on
18 page 28 I offer the following amendments to
19 Calendar Number 387, Senate Print 2237A, and ask
20 that said bill retain its place on the Third
21 Reading Calendar.
22 ACTING PRESIDENT VALESKY: So
23 ordered.
24 SENATOR LIBOUS: And on behalf of
25 Senator Young, Mr. President, on page 28 I offer
1816
1 the following amendments to Calendar Number 391,
2 Senate Print 3710A, and ask that said bill retain
3 its place on the Third Reading Calendar.
4 ACTING PRESIDENT VALESKY: So
5 ordered.
6 SENATOR LIBOUS: Mr. President, at
7 this time could we adopt the Resolution Calendar,
8 please, with the exception of Resolutions 1294,
9 by Senator Stewart-Cousins, 1315, by Senator
10 Stewart-Cousins, and 1395, by Senator Perkins.
11 ACTING PRESIDENT VALESKY: All
12 those in favor of adopting the Resolution
13 Calendar, with the exceptions as noted, please
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT VALESKY: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT VALESKY: The
20 Resolution Calendar is adopted.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 On the calendar today, Senator
25 Stavisky had Resolution Numbers 1316 and 1322.
1817
1 She would like to open those up for
2 cosponsorship. So in the spirit of what we
3 usually do here in the chamber, all members will
4 be put on those resolutions. If members wish not
5 to go on those two resolutions, please let the
6 desk know and we'll take your name off.
7 ACTING PRESIDENT VALESKY:
8 Resolutions 1316 and 1322, by Senator Stavisky,
9 are open for cosponsorship. If any member does
10 not wish to be a cosponsor, please inform the
11 desk.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 Mr. President, I had two resolutions
16 that were previously adopted. I'd like to call
17 them up and ask to have them read in their
18 entirety. And I think I'd like to do them one at
19 a time.
20 So the first resolution is
21 Resolution Number 438.
22 ACTING PRESIDENT VALESKY: The
23 Secretary will read Resolution Number 438.
24 THE SECRETARY: Legislative
25 Resolution Number 438, by Senator Libous, paying
1818
1 tribute to the life and valiant service of
2 Captain Matthew Porcari, who died in the line of
3 duty on January 21, 2013.
4 "WHEREAS, It is the custom of this
5 Legislative Body to pay tribute to citizens of
6 the State of New York whose lifework and civic
7 endeavor served to enhance the quality of life in
8 their communities and the great state of
9 New York; and
10 "WHEREAS, Citizens across our state
11 and nation are inspired by and indebted to our
12 noble firefighters who exhibit courage and
13 bravery every day in the course of their duties;
14 34-year-old Matthew Porcari was one such
15 firefighter, who died doing what he loved; and
16 "WHEREAS, Matthew Porcari, Captain
17 of Owego Fire Department's Croton Hose Company
18 No. 3, lost his life while serving the community
19 he loved on Monday, January 21, 2013; and
20 "WHEREAS, A graduate of Owego Free
21 Academy, Matthew Porcari played first base for
22 the first team in the school's history to win the
23 New York State Baseball Championship; and
24 "WHEREAS, Following in the footsteps
25 of his father, John Porcari, Matthew Porcari
1819
1 joined the Owego Fire Department at the age of
2 16; and
3 "WHEREAS, A natural-born leader,
4 Matthew Porcari was employed by Broome
5 Developmental Center; Matt was an active member
6 of New Life West Church; and
7 "WHEREAS, Matthew Porcari also
8 brought great skill and dedication to his craft
9 as a mason, as evidenced through his meticulous
10 work several years ago when building a new
11 section of an area middle school; and
12 "WHEREAS, Described by all who knew
13 him as a selfless man, Matthew Porcari was
14 someone who would enter a crowd of strangers and
15 leave with lifelong friends; and
16 "WHEREAS, A husband, father and son,
17 Matthew Porcari was a man who inspired many and
18 moved others to service in the fire department;
19 and
20 "WHEREAS, Predeceased by his father,
21 John Porcari; paternal grandfather, Peter
22 Porcari; maternal grandparents, Lester and Jeanne
23 Dunham; and uncle, William Eschler, Matthew
24 Porcari is survived by his wife, Christina
25 Porcari; children, Tierney Walter, John Porcari,
1820
1 Alora Landis, Nicole Landis, Jennifer Henneforth;
2 mother, Cheryl Porcari and Andy Hunt; sister and
3 brother-in-law, Tammy and J.T. Bouchard;
4 grandmother, Beverly Porcari; aunts and uncles,
5 Ronald and Missie Dunham; Lee and Karen Dunham,
6 Kathy Dunham, Patty Dunham Woodward; Sue Eschler
7 and Steve Baker; mother-in-law, Linda Clayton;
8 several cousins and numerous friends; and
9 "WHEREAS, Matthew Porcari's Owego
10 Fire Department family will always remember this
11 outstanding man for the hard work and dedication
12 he showed the fire company as well as the
13 community, but most importantly, for his quality
14 of character; and
15 "WHEREAS, During his life,
16 Firefighter Matthew Porcari touched many through
17 his kindness and commitment to service; as we
18 recall the loss of this great man, we memorialize
19 his remarkable life and the enormous impact he
20 had on everyone with whom he came in contact; and
21 "WHEREAS, It is the sense of this
22 Legislative Body to convey its grateful
23 appreciation and heartfelt regret in recognition
24 of the loss of Captain Matthew Porcari, who
25 dedicated his purposeful life and career in
1821
1 faithful service to his family and community;
2 now, therefore, be it
3 "RESOLVED, That this Legislative
4 Body pause in its deliberations to pay tribute to
5 the life and valiant service of Captain Matthew
6 Porcari, who died in the line of duty on
7 January 21, 2013, and to express its deepest
8 condolences to his family; and be it further
9 "RESOLVED, That a copy of this
10 resolution, suitably engrossed, be transmitted to
11 the family of Captain Matthew Porcari."
12 ACTING PRESIDENT VALESKY: Senator
13 Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 Mr. President, today we are joined
17 by Matthew's wife, Christina; his grandmother,
18 Beverly; and his aunt, Sue.
19 And while this is certainly a sad
20 occasion, you know, Matthew Porcari was like a
21 lot of firefighters and a lot of people that
22 we've honored on the floor of this Senate
23 chamber. He lost his life doing what he loved.
24 And on January 21st of this year, he
25 was called upon in the line of duty, went into a
1822
1 blazing building, fell through the floor of that
2 building, and later on lost his life.
3 He was loved by not only the members
4 of the fire department -- he was their captain --
5 but everywhere Matthew went, in doing some
6 research and talking to folks, that Matthew just
7 kind of brought cheer to everybody and anyone he
8 touched.
9 He followed in the footsteps, as the
10 resolution mentioned, of his father, John, who
11 was a firefighter. Matthew I'm told was a pretty
12 good bowler and a good baseball player, and he
13 enjoyed that. And he also enjoyed taking his
14 children fishing and spending time with them like
15 all parents do when their children are growing
16 up.
17 He had a strong commitment to his
18 community, not only to the fire department, but
19 he worked for the Broome Developmental Center.
20 And he was quite an accomplished mason. And I'm
21 told by people at the developmental center, when
22 I asked them about Matthew, they said he was a
23 jack of all trades. He was one of those
24 individuals that you could go to and he would
25 figure out a way to make it work and put it back
1823
1 together. And they just enjoyed having him
2 there.
3 It is unfortunate that such a young
4 man has lost his life in the line of duty. But
5 it is fortunate for us to know that we have men
6 like Captain Porcari who are there to protect us
7 and there to not only do the right thing but do
8 what they believe is proper in their heart.
9 I'll tell you a little bit more
10 about Matthew -- that shortly before this fire
11 took place, he organized a crew and took them to
12 Webster, New York, to pay respect at the funeral
13 of the firefighters that were murdered in
14 Webster. He also was, I'm told, at Long Beach
15 after Hurricane Sandy and gave assistance to the
16 firefighters there.
17 This was the kind of selflessness
18 Matt had. He cared not only about the community
19 of Owego that he represented, but he cared about
20 all citizens throughout New York State.
21 You know, people say that Matt was a
22 hero as he went into this building to look and
23 see if there was anybody there to save their
24 life. Yes, he was, Mr. President. But I think
25 Matt lived his life a hero. The way he lived his
1824
1 life, the way he taught his children, the way he
2 served his community, he served it as a hero.
3 And, Mr. President, I am very
4 honored to stand before you and honor the life of
5 Matt today with his wife and grandmother and
6 aunt. And I would ask that before we pass
7 this resolution -- or this resolution was passed
8 earlier. But I would ask if we could have a
9 moment of silence in Matthew's honor at this
10 time.
11 ACTING PRESIDENT VALESKY: Per
12 Senator Libous's request, I ask all Senators and
13 visitors to please stand as we offer a moment of
14 silence and keep in our memory the life of
15 Captain Matthew Porcari.
16 (Whereupon, the assemblage respected
17 a moment of silence.)
18 SENATOR LIBOUS: Mr. President, I
19 have another resolution at the desk, Number 439.
20 Could I have it read in its entirety and speak on
21 the resolution, please.
22 ACTING PRESIDENT VALESKY: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 439, by Senator Libous, paying
1825
1 tribute to Firefighter Daniel Gavin for his
2 valiant and dedicated service to the Owego Fire
3 Department and his community.
4 "WHEREAS, Citizens across our state
5 and nation are inspired by and indebted to our
6 noble firefighters who exhibit courage and
7 bravery every day in the course of their duties;
8 and
9 "WHEREAS, It is the custom of this
10 Legislative Body to recognize and commend the
11 caring concern and heroic acts of individuals who
12 take prompt and appropriate action in emergency
13 situations, nobly risking their own lives in an
14 effort to preserve the life and property of
15 another; and
16 "WHEREAS, Attendant to such concern,
17 and in full accord with its long-standing
18 traditions, this Legislative Body is justly proud
19 to pay tribute to Firefighter Daniel Gavin for
20 his valiant and dedicated service to the Owego
21 Fire Department and his community; and
22 "WHEREAS, On Monday, January 21,
23 2013, 28-year-old Firefighter Daniel Gavin of the
24 Owego Fire Department, as part of a mutual aid
25 response team, responded to a house fire in
1826
1 Newark Valley, New York; and
2 "WHEREAS, Despite the injuries he
3 sustained, Daniel Gavin continued on, helping as
4 colleagues from several departments worked to
5 pull a fellow firefighter from the blaze; and
6 "WHEREAS, In addition to his
7 dedicated service to the Owego Fire Department,
8 Daniel Gavin serves his community as a Tioga
9 County Sheriff's Deputy and Owego Police Officer;
10 and
11 "WHEREAS, Volunteer firefighters and
12 fire departments not only provide the critical
13 service of fire protection but also engage in
14 other activities of great benefit and importance
15 to the communities they serve; and
16 "WHEREAS, It takes a special
17 dedication, a strong desire to help others and a
18 tireless sense of community to forsake precious
19 time with family and friends to respond to the
20 signal that a neighbor is in need; Daniel Gavin
21 is such a firefighter; throughout his years of
22 devoted service, this volunteer heroically
23 performed, above and beyond the call of duty,
24 those responsibilities which define the task of
25 fire protection; and
1827
1 "WHEREAS, Rare indeed is the
2 impressive dedication shown by an individual for
3 the benefit of others which Firefighter Daniel
4 Gavin has displayed throughout his life; and
5 "WHEREAS, It is the sense of this
6 Legislative Body to recognize and pay tribute to
7 those individuals, such as Firefighter Daniel
8 Gavin, who perform dangerous and life-threatening
9 firefighting with diligence and precision; now,
10 therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to pay tribute to
13 Firefighter Daniel Gavin for his valiant and
14 dedicated service to the Owego Fire Department
15 and his community; and be it further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted to
18 Firefighter Daniel Gavin."
19 ACTING PRESIDENT VALESKY: Senator
20 Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 Today Lieutenant Gavin is with us,
24 and I would ask him to please stand. He's in the
25 gallery with his girlfriend, Victoria, and his
1828
1 mother, Toni.
2 And he joins us today, and I want to
3 tell you about this incredible person. He was at
4 the same fire and fell through the building, was
5 pulled out. But he was determined to go back in
6 to save his brother, Matthew Porcari, who had
7 fallen to the basement. And although he was
8 injured and had been pulled out of the building
9 by his colleagues, Lieutenant Gavin went back
10 into the building, along with his colleagues, to
11 try to save a brother.
12 He too is a remarkable individual.
13 I got to spend some time with him earlier. He's
14 very humble, he's very quiet, but he's
15 committed. As you heard in the resolution, he
16 not only is a firefighter but he is a
17 Tioga County deputy sheriff and he's also an
18 Owego police officer. I guess that would be an
19 incredible public service record if we were
20 keeping track.
21 Lieutenant Gavin has followed in the
22 footsteps of his father, who he was extremely
23 proud of, who also was a firefighter and lost his
24 life fighting a fire some 10 years ago. So his
25 commitment in trying to save his brother and
1829
1 friend, Matthew Porcari, was well instilled in
2 him because of the loss of his father in a fire
3 10 years ago.
4 He has served not only the fire
5 department but the community. He too went to
6 Long Beach and spent time helping the victims of
7 Sandy, because he believed that that was the
8 right thing to do, because he's committed to
9 public service.
10 We're extremely proud to have him
11 not only with us today, but I'm proud to have him
12 in my community as one who is protecting the
13 public and is committed to protecting the
14 public. He too is a hero, because he lives the
15 life of a hero. It's not in just going into one
16 particular fire or -- he does that every day.
17 He's not afraid to do that. He proved that. But
18 if you follow his life on a day-to-day basis, he
19 lives the life of a hero.
20 Mr. President, I'm very proud to
21 have him with us today in the chamber. I'm very
22 proud to pass this resolution in his honor. And
23 I would ask my colleagues to join me in welcoming
24 him, his mother and his girlfriend with us today.
25 (Standing ovation.)
1830
1 ACTING PRESIDENT VALESKY: The two
2 preceding resolutions were previously adopted on
3 February 12th.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President, I
6 believe there was a previously adopted
7 resolution, Number 1262, by Senator
8 Hassell-Thompson. Can we read it in its entirety
9 and call on Senator Hassell-Thompson.
10 ACTING PRESIDENT VALESKY: The
11 Secretary will read.
12 THE SECRETARY: Legislative
13 Resolution Number 1262, by Senator
14 Hassell-Thompson, honoring Brian Fischer upon the
15 occasion of his retirement after 44 years of
16 distinguished service to the State of New York.
17 "WHEREAS, It is incumbent upon the
18 people of the State of New York to recognize and
19 acknowledge those within our midst who have made
20 significant contributions to the safety of the
21 public and the quality of life therein; and
22 "WHEREAS, This Legislative Body is
23 justly proud to honor Brian Fischer upon the
24 occasion of his retirement after 44 years of
25 distinguished service to the State of New York,
1831
1 37 years of which were in the Department of
2 Corrections and Community Supervision; and
3 "WHEREAS, Brian Fischer is
4 originally from Brooklyn and has lived most of
5 his life in Rockland County with his beloved wife
6 with whom he has two grown sons; and
7 "WHEREAS, Brian Fischer began his
8 career in 1968 with the New York State Narcotic
9 and Addiction Control Administration; in 1975, he
10 joined the Department of Correctional Services
11 and was appointed Superintendent of Queensboro
12 Correctional Facility in 1991, and then
13 Superintendent of Sing Sing in 2000; and
14 "WHEREAS, For the past six years,
15 Brian Fischer rendered faithful, conscientious
16 and valuable service as the Commissioner of the
17 New York State Department of Corrections and
18 Community Supervision; and
19 "WHEREAS, Brian Fischer has improved
20 public safety by providing incarcerated persons
21 with supportive programming in prison and
22 supportive supervision when they return home to
23 their communities; and
24 "WHEREAS, While acting as the leader
25 of the largest agency in the State of New York,
1832
1 Brian Fischer has recognized the value of each
2 person, protecting human dignity while offering
3 respect and structure to the prisoners and
4 parolees of this state; and
5 "WHEREAS, In his official acts,
6 Brian Fischer was governed by a keen sense of
7 duty and has always shown a unique grasp of human
8 problems, earning the admiration, esteem,
9 affection and respect of his colleagues; and
10 "WHEREAS, Brian Fischer has been
11 recognized nationally as a leader in the field of
12 corrections, receiving numerous awards and honors
13 including the Public Service Award from the
14 New York State Bar Association for Outstanding
15 Contribution in the Field of Corrections, 2011;
16 the Public Service Award from the Community
17 College Fellowship, City University of New York,
18 2009; and the Warden of the Year Award from the
19 North American Association of Wardens and
20 Superintendents for his work at Sing Sing in
21 2006; and
22 "WHEREAS, It is the custom of this
23 Legislative Body that when a person of such noble
24 aims and accomplishments is brought to our
25 attention, it is appropriate to publicly and
1833
1 jubilantly proclaim and commend that individual
2 for the edification of others; now, therefore, be
3 it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to honor Brian
6 Fischer on the occasion of his retirement after
7 44 years of devoted and distinguished service to
8 the State of New York, 37 years of which were
9 served with dedication, innovation and
10 progressive leadership of the New York State
11 Department of Corrections and Community
12 Supervision; and to extend to him the heartfelt
13 best wishes of this Legislative Body for a future
14 of purposeful success and well-being; and be it
15 further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted to
18 Brian Fischer."
19 ACTING PRESIDENT VALESKY: Senator
20 Hassell-Thompson on the resolution.
21 SENATOR HASSELL-THOMPSON: Thank
22 you, Mr. President.
23 Commissioner Brian Fischer
24 epitomizes to me what a public servant should
25 be. His diligence and motivation led to his
1834
1 rising through the ranks of the DOCS to the
2 highest position possible.
3 For the past six years I've had the
4 pleasure of working closely with him on a variety
5 of issues, and his innovative approaches, which
6 includes college programs, theater, and domestic
7 violence and parenting skills for men, have
8 become models for other prisons.
9 In his tenure he has dealt with the
10 difficult task of having to close many of our
11 correctional facilities throughout the State of
12 New York, but he has handled these transactions
13 with great sensitivity to all involved parties.
14 In closing, I feel compelled to
15 repeat one line from the resolution that truly
16 summarizes the character of Commissioner
17 Fischer. Commissioner Brian Fischer "has
18 recognized the value of each person, protecting
19 human dignity while offering respect and
20 structure to the prisoners and to the parolees of
21 this state." I believe this translates into
22 Commissioner Fischer's philosophy toward all
23 human beings.
24 And I am pleased to present this
25 resolution for this body's consideration and
1835
1 thank him for his many years of service to the
2 correctional facilities and to the people within
3 the Corrections Department for the 44 years of
4 his service.
5 Thank you, Mr. President.
6 ACTING PRESIDENT VALESKY: Thank
7 you, Senator Hassell-Thompson.
8 Senator Nozzolio on the resolution.
9 SENATOR NOZZOLIO: Thank you,
10 Mr. President.
11 Mr. President and my colleagues,
12 it's not often that I rise and find myself in
13 total agreement with my colleague and great
14 friend Senator Hassell-Thompson.
15 Ruth, thank you very much for
16 putting forth this resolution, Senator. And that
17 I appreciate very much your comments on behalf of
18 Brian Fischer.
19 Both Senator Hassell-Thompson and I
20 serve on the Crime Victims, Crime and Corrections
21 Committee. Some of the time I've been chairman,
22 some of the time she's been chairman. But during
23 those times we faced a number of challenges.
24 It's hard to believe that it's been seven years
25 since we confirmed the nominee or the I guess
1836
1 honoree of this resolution to the New York State
2 Senate confirmation process to be Commissioner of
3 Corrections.
4 Brian Fischer has worked extremely
5 hard to be the best possible commissioner. And
6 that I appreciate his strident work on behalf of
7 the citizens of this state. That working with
8 Commissioner Fischer, we've been through some
9 good times and some not-so-good times. But
10 throughout those times I can say that he has
11 worked tirelessly on behalf of the people of this
12 state, he has been extremely passionate in
13 support of his department, the department he
14 oversees, which is one of the largest in state
15 government.
16 I must say that Commissioner Fischer
17 has brought a great deal of experience to his
18 position and that, Mr. President, any job in
19 corrections is a difficult job. That the COs and
20 the correctional personnel who work within our
21 jails walk the toughest law enforcement beat of
22 any law enforcement officers in America.
23 The commissioner of this very
24 important department has a tough job -- a tough
25 job to keep the public protected, a tough job to
1837
1 keep our prisons safe. And that I say under all
2 categories, Commissioner Fischer receives top
3 grades for his work on behalf of the people of
4 this state.
5 Mr. President, I join Senator
6 Hassell-Thompson in support of this resolution.
7 I congratulate Brian Fischer for his exemplary
8 service, 44 years to the citizens of New York
9 State, and that I wish him well in his future and
10 tell him that I very much have been honored to
11 work with him through these years.
12 Thank you, Mr. President.
13 ACTING PRESIDENT VALESKY: Thank
14 you, Senator Nozzolio.
15 Senator Little on the resolution.
16 SENATOR LITTLE: Thank you,
17 Mr. President.
18 And I too thank Senator
19 Hassell-Thompson for the resolution in honor of
20 our Commissioner Brian Fischer -- who will be
21 missed, certainly, but I congratulate him on his
22 retirement.
23 While we have had difficult
24 circumstances, as one who formerly represented
25 12 correctional facilities and is now down to
1838
1 10 -- I almost hate to say that out loud.
2 But those were difficult times, and yet
3 Commissioner Fischer listened to every one of our
4 arguments and everything that he could do, and we
5 have continued to work well together.
6 I feel that he has always been
7 responsive, whether it was an issue about a
8 facility or whether it was an issue even about
9 inmates or whatever was going on in our prison
10 system. And he's been very, very responsive and
11 has done a good job there, and I thank him very
12 much for his efforts and wish him well in his
13 retirement.
14 And despite the different issues
15 that we've had, I even got you to go up to
16 Camp Gabriels on a bright sunny day, as we walked
17 around. But it's been a pleasure to work with
18 you.
19 Thank you.
20 ACTING PRESIDENT VALESKY: Thank
21 you, Senator Little.
22 Senator Rivera on the resolution.
23 SENATOR RIVERA: Thank you so much,
24 Mr. President.
25 For those of you that don't know
1839
1 Commissioner Fischer, all that you have to know
2 is demonstrated on the floor of the Senate. When
3 you have both Senator Ruth Hassell-Thompson and
4 Senator Mike Nozzolio agreeing on something and
5 lauding someone, then you know that that person
6 is not only someone who is incredibly committed
7 to public service but has done their job
8 exceptionally well.
9 In my short time in the Senate, the
10 first two years I was the ranking member on the
11 Crime Victims, Crime and Corrections Committee.
12 And shortly after I was assigned that position, I
13 sat down with the commissioner and we have been
14 working together ever since.
15 As Senator Little said, he will
16 certainly be missed. He is someone that not only
17 understands that public safety is one of the most
18 important parts of his job, but he also
19 understood that the prison system has to be one
20 that actually does a little bit of correction.
21 It is why it's called "corrections," after all, I
22 believe.
23 These folks are going to be
24 returning to the neighborhoods that they're
25 from. And he has worked tirelessly over his time
1840
1 in the Corrections Department to make sure that
2 prisons are not only safe, but that they also
3 make sure that when people come back to
4 communities that they are from, that they are
5 productive members of society there.
6 And it ended, as far as I'm
7 concerned, with a great exclamation point when it
8 was partly with his leadership that we made sure
9 that the Fulton Correctional Facility was
10 transferred from the state to private hands to
11 then very, very soon used as a one-of-a-kind
12 reentry facility in the Bronx in my district.
13 So I thank the commissioner for his
14 work. And again, he will be certainly missed.
15 Thank you, Mr. President.
16 ACTING PRESIDENT VALESKY: Thank
17 you, Senator Rivera.
18 Senator Adams on the resolution.
19 SENATOR ADAMS: Thank you.
20 And I just want to add my voice to,
21 you know, the retirement after 44 years of
22 Commissioner Fischer.
23 And I think Senator Little said it
24 the best, that, you know, just the opportunity of
25 when there are circumstances, circumstances that
1841
1 come about during day-to-day inmate interaction,
2 just Brian just has been -- he has been great.
3 And, you know, you could pick up the phone and
4 have a real conversation with him.
5 And, you know, I want to thank
6 Senator Hassell-Thompson for just not allowing of
7 the centers of his departure to just go
8 unnoticed. And by bringing this resolution to
9 the floor, it allows him to see how we all
10 appreciated him.
11 With the countless number of
12 commissioners that come and go, you don't always
13 stop and pause upon their departure. And it's
14 just our real appreciation for what he has done
15 in a very difficult job. His hotel guests are
16 not the best people in the state. And he has
17 found a way to, you know, just navigate the
18 challenges of having people who committed some
19 very serious offenses, keeping violence down,
20 dealing with the political, you know, issues of
21 should prisons close, should they not.
22 He's often given the task -- he has
23 to fulfill the obligation and responsibility, and
24 he has done in a very respectable manner. And so
25 he really personifies the term of being a public
1842
1 servant.
2 And we're going to miss him. I'm
3 pretty sure there are some great opportunities
4 that's there for him. And he appreciate him, and
5 we appreciate what he has done throughout the
6 years.
7 Thank you.
8 ACTING PRESIDENT VALESKY: Thank
9 you, Senator Adams.
10 Senator DeFrancisco on the
11 resolution.
12 SENATOR DeFRANCISCO: Yes, I want
13 to congratulate the commissioner on his many
14 years of service. The thing I'm finding hard to
15 believe, how he could want to leave that simple,
16 easy, no-show job --
17 (Laughter.)
18 SENATOR DeFRANCISCO: -- that
19 rarely caused anyone to criticize him, because
20 that was the cushy job of the state government.
21 Actually, it was one of the hardest
22 jobs in the state government, to be in that
23 department for all those years and continue to
24 move up and do the right thing despite all the
25 conflict and everything else.
1843
1 And the other thing that's very
2 interesting is -- you know, I enjoyed doing the
3 hearings, the Finance hearings. From time to
4 time I asked some tough questions. From time to
5 time I ruffled some feathers. Not a hair on his
6 head was ever ruffled. He was always cool, calm,
7 collected. He never answered any of my
8 questions, but he was cool, calm, and collected.
9 (Laughter.)
10 SENATOR DeFRANCISCO: So I wish you
11 well in your next career. And it was a pleasure
12 working with you. And thank you for your great
13 service to the State of New York.
14 ACTING PRESIDENT VALESKY: Thank
15 you, Senator DeFrancisco.
16 Senator Perkins on the resolution.
17 SENATOR PERKINS: Thank you very
18 much.
19 I just want to first express my
20 appreciation to Senator Hassell-Thompson for this
21 resolution.
22 And I want to personally thank the
23 commissioner for the opportunity we've had to
24 work together. I really appreciate the vision
25 and the sense of reform and the sense of fairness
1844
1 that you were able to communicate to the
2 activists who were looking to bring about changes
3 in the system that they believe, I believe, would
4 make our system a better system.
5 And I believe that it's a tough job,
6 but you were able to win the support and the
7 confidence of some of the most challenging
8 activists and honest activists that could be.
9 And you nevertheless were receptive. You tried
10 to be progressive, you tried to be open, and you
11 were effective in making folks believe that you
12 were trying to do a good job.
13 So thank you so much for that. And
14 I hope that wherever you go, you continue to have
15 success.
16 ACTING PRESIDENT VALESKY: Thank
17 you, Senator Perkins.
18 Senator Montgomery on the
19 resolution.
20 SENATOR MONTGOMERY: Yes, thank
21 you, Mr. President.
22 And I rise to join Senator Hassell-
23 Thompson and thank her for this resolution and to
24 also say that I too am extremely proud to have
25 been able to work with Commissioner Fischer.
1845
1 And the proof is in the pudding in
2 terms of the outcome. I've been in, of course,
3 any number of facilities, both women and men,
4 throughout the state. And certainly I think the
5 best statement on your behalf, Commissioner, is
6 at Sing Sing there are some programs there that
7 have made an extremely important difference in
8 the lives of people on the inside.
9 And as you know, since they come
10 home to many -- many of them come home to
11 communities like mine, it gives me a lot of
12 hope. And it is refreshing when someone comes up
13 to me and is very happy to be back and to be
14 looking forward to becoming a productive citizen,
15 having been given a second chance. And a lot of
16 that has to do with the programming that you
17 instituted for people on the inside.
18 And so I am extremely proud and
19 happy that you have been there at the helm for
20 these few years. We will certainly miss your
21 professionalism and your guidance. And I only
22 hope that we can continue to depend on you to
23 give us some support as we move forward to
24 continue your legacy and what you have left for
25 us to be a model in the correctional system in
1846
1 the State of New York.
2 So thank you, Mr. President, for
3 allowing me to say to our outgoing commissioner:
4 Thank you and God bless, and we look forward to
5 continue our work together.
6 Thank you, Mr. President.
7 ACTING PRESIDENT VALESKY: Thank
8 you, Senator Montgomery.
9 Senator Larkin on the resolution.
10 SENATOR LARKIN: Thank you,
11 Mr. President.
12 You know, when you give a job to
13 somebody at a state level with a lot of
14 responsibilities and many, many headaches -- and
15 I used to say to Brian when I first met him, at
16 which time I had prisons in my district, that
17 your response shows what a leader is all about.
18 I can remember the days that I have
19 called him on -- to me it was a major issue, but
20 to him it was just, "Hey, Bill, I'll call you
21 back." And I didn't get a call back from his
22 staff, I get a call back from Brian.
23 When we started shutting the prisons
24 down two years ago, the big question was, Will
25 they dare? Who pulls up in that car with his
1847
1 entourage but Brian. He paid attention to all of
2 the local people that were talking about it, all
3 the members of the Department of Corrections, how
4 it was going to work, how it would be
5 transferred, how they would be, what would be
6 their responses.
7 And he spoke to the families.
8 Because he said to us, "Make sure you have the
9 families, because I don't want them to go home
10 and tell their wives peaches and cream when it's
11 going to be sour grapes." So he talked to the
12 families, so the families knew what was facing
13 them, how they were going to address it, and how
14 he cared about it.
15 You know, he's a gem. He's the rock
16 of Gibraltar as far as the Corrections are
17 concerned. It's easy to say "I could do that
18 job." You know, Brian, you know and I know that
19 it takes not only a desire but a heart of gold to
20 say that "I accept this responsibility and I will
21 do it to the best of my ability."
22 I think you went a little bit above
23 that, and you did it with pride and with
24 dignity. And we in the State of New York are
25 surely going to miss your leadership and your
1848
1 take-charge attitude. May God bless you always.
2 ACTING PRESIDENT VALESKY: Thank
3 you, Senator Larkin.
4 This resolution was adopted on
5 April 17th by the New York State Senate.
6 Commissioner Fischer, on behalf of
7 the people of the State of New York, thank you
8 very, very much for your outstanding public
9 service over many years. And we wish you all the
10 best in your future endeavors.
11 (Standing ovation.)
12 ACTING PRESIDENT VALESKY: Senator
13 Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 At this time I'd like to take up a
17 previously adopted resolution, Number 1222, by
18 Senator Diaz. If you would read it in its
19 entirety, and I believe Senator Diaz might want
20 to speak on it.
21 ACTING PRESIDENT VALESKY: The
22 Secretary will read.
23 THE SECRETARY: Legislative
24 Resolution Number 1222, by Senator Diaz,
25 commending the generosity and the outpouring of
1849
1 compassion expressed by both the government and
2 the people of the Republic of China (Taiwan)
3 towards the State of New York in the devastating
4 aftermath of Hurricane Sandy which made landfall
5 on October 29, 2012.
6 "WHEREAS, New York State recognizes
7 the giving nature and benevolence of the
8 government and the people of Taiwan, made
9 apparent by the outpouring of sympathy and
10 contributions to the people of New York as well
11 as their prompt response and aid, which have been
12 a blessing in the catastrophic wake of Hurricane
13 Sandy, which caused great economic losses and
14 left thousands homeless; and
15 "WHEREAS, Without hesitation,
16 Taiwan's government, as an expression of its deep
17 condolences and concerns for the state government
18 of New York, came to its immediate aid and
19 offered donations towards the relief fund; and
20 "WHEREAS, Taiwan then joined forces
21 with private-sector organizations such as the
22 Tzu-Chi Foundation to provide humanitarian
23 assistance to the people in devastated areas of
24 New York and helped to raise relief funds making
25 hundreds of tons of emergency supplies, food,
1850
1 potable water, blankets and lighting equipment
2 available to the victims of Hurricane Sandy and
3 helped begin restoring hope in the aftermath of
4 the storm; and
5 "WHEREAS, The State of New York is
6 home to a thriving overseas Taiwanese community.
7 The Taiwanese Americans residing in the State of
8 New York have generously supported the Taiwan
9 government's worthy endeavor by donating a
10 significant amount to those people who suffered
11 from Hurricane Sandy through the Chinese
12 Consolidated Benevolent Association (CCBA), the
13 Chinese Chamber of Commerce in New York, the
14 American Red Cross, and other charities; and
15 "WHEREAS, In order to strengthen the
16 bilateral trade relations with the United States,
17 the government of the Republic of China (Taiwan)
18 has expressed its wish to participate in the
19 Trans-Pacific Strategic Economic Partnership
20 Agreement (TPP), and to sign a Bilateral
21 Investment Agreement (BIA) and a Free Trade
22 Agreement (FTA) with the United States in the
23 near future; and
24 "WHEREAS, The State of New York
25 exported a large amount of products to Taiwan in
1851
1 2012, making Taiwan the 16th largest foreign
2 market for New York State. New York has
3 maintained a friendly and fruitful relationship
4 with Taiwan for many years and will keep
5 strengthening bilateral economic ties; and
6 "WHEREAS, Subsequently, a close,
7 friendly bilateral relationship, as well as the
8 humanitarianism shown by the government and
9 people of Taiwan, have earned the recognition and
10 applause of the citizens of this great Empire
11 State; now, therefore, be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to commend the
14 generosity and the outpouring of compassion
15 expressed by both the government and the people
16 of the Republic of China (Taiwan) to the State of
17 New York in the tragic aftermath of Hurricane
18 Sandy that hit on October 29, 2012; and be it
19 further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted to
22 President Ma Ying-Jeou through the Taipei
23 Economic and Cultural Office in New York."
24 ACTING PRESIDENT VALESKY: Senator
25 Diaz on the resolution.
1852
1 SENATOR DIAZ: Thank you,
2 Mr. President.
3 Ladies and gentlemen, today I am
4 joined and I have the privilege to be joined in
5 the Senate chamber by my distinguished guests.
6 First, Ambassador Andrew Kao from the Taipei
7 Economic and Cultural Office in New York.
8 (Applause.)
9 SENATOR DIAZ: Mr. Paul Ng,
10 chairman of the Chinese Consolidated Benevolent
11 Association.
12 (Applause.)
13 SENATOR DIAZ: Mr. Justin Yu,
14 chairman of the Chinese Chamber of Commerce.
15 (Applause.)
16 SENATOR DIAZ: Brother George
17 Chang, executive director of the Buddhist Tzu Chi
18 Foundation.
19 (Applause.)
20 SENATOR DIAZ: And David Chien,
21 director of the Taipei Economic and Cultural
22 Office in New York.
23 (Applause.)
24 SENATOR DIAZ: And my good friend
25 Mrs. Ann Noonan, who has been instrumental in
1853
1 helping me develop my relationship with the
2 Taiwanese people.
3 (Applause.)
4 SENATOR DIAZ: Thank you.
5 Mr. President, ladies and gentlemen,
6 my fellow Senators, as you know, I have been
7 trying to become a Senator who brings all
8 cultures together. I have resolved to bring all
9 different cultures to this chamber and introduce
10 them here to all of you.
11 To that effect, I was the first
12 Senator to introduce the Dominican culture and
13 community in the Senate chamber and a Dominican
14 minister offering the invocation in Spanish.
15 I have honored the Garifuna
16 community, having one of their ministers as well
17 offer the invocation in their native language.
18 The Bangladesh community was also
19 presented and recognized in this chamber, and
20 their Imam did the invocation in Bangla for the
21 first time in this chamber.
22 Today, and for the fourth year in a
23 row, Mr. President, I am privileged to sponsor a
24 Senate resolution recognizing the government and
25 the people of Taiwan for their wonderful,
1854
1 humanistic, generous, rich financial and cultural
2 contributions to the State of New York.
3 Ladies and gentlemen, my dear
4 colleagues, as you know, I represent the South
5 Bronx, Mr. President, one of the poorest areas in
6 the nation. I must thank and recognize the
7 contribution of the Taiwanese government and its
8 representatives to the needy children of the
9 Bronx. Every year -- and I repeat that, every
10 year, as the three Kings came to visit Jesus, the
11 Taiwanese government representatives come to the
12 South Bronx, bringing backpacks filled with all
13 kinds of school supplies for the black and
14 Hispanic children of the area, alleviating the
15 burden on their parents.
16 Not only, Mr. President and ladies
17 and gentlemen, not only has the Taiwanese
18 government been generous to the poor children of
19 the South Bronx, but as the resolution said, it
20 is well known that when New York was hit by
21 Superstorm Sandy, the Taiwanese government
22 immediately, immediately contributed $200,000 to
23 toward the relief effort of the people affected
24 by Superstorm Sandy.
25 You should know that the government
1855
1 of Taiwan did not end its relief efforts there.
2 In collaboration with other groups, including the
3 Buddhist Tzu Chi Foundation, $10 million,
4 $10 million was raised toward desperately needed
5 relief supplies that assisted our constituents
6 through that very challenging and difficult time.
7 So, Mr. President and ladies and
8 gentlemen, it is important for you to know, it is
9 important for you, ladies and gentlemen, to know
10 that Taiwan is one of the strongest democratic
11 allies of the United States in Asia. We must
12 never forget that Taiwan spares no efforts to
13 maintain peace and prosperity in East Asia, as
14 evidenced by the East China Sea Peace Initiative
15 proposed by President Ma Ying-Jeou.
16 It is also well known that Taiwan is
17 the ninth largest trading partner of the United
18 States. Both Taiwan and the United States have
19 maintained a close relationship for many years.
20 In 2009, ladies and gentlemen, the United States
21 assisted Taiwan in its bid to gain participation
22 in the World Health Assembly as an observer. The
23 United States of America has continued supporting
24 Taiwan's meaningful participation in other
25 United Nations-affiliated organizations such as
1856
1 the International Civil Aviation Organization and
2 the United Nations Framework Convention on
3 Climate Change.
4 As I said before, I'm honored today
5 to have Ambassador Andrew Kao, Mr. Paul Ng,
6 Mr. Justin Yu, Brother George Chang, David Chien,
7 my friend Ann Noonan. But I'm also proud to have
8 in the gallery a delegation of Taiwanese who have
9 joined us in the Senate gallery.
10 (Applause from gallery.)
11 SENATOR DIAZ: To all of you, I say
12 Ni Hao, Da Jia Hao.
13 (Applause from gallery.)
14 SENATOR DIAZ: Welcome to Albany.
15 Finally, to you, my colleagues,
16 members of the Senate and staff, I am inviting
17 you to join me and Senator Marty Golden for a
18 Chinese reception at 5 p.m. -- or when this
19 session is over -- in the Well, which will
20 include a stunning photo exhibition of pictures
21 from Taiwan and delicious Chinese food from the
22 Buffalo Wagon Restaurant, which is located nearby
23 in Colonie. So even though we are recognizing
24 and celebrating a culture from the other side of
25 the world, we are also supporting local
1857
1 businesses here.
2 Madam President, ladies and
3 gentlemen, I am State Senator Ruben Diaz, and
4 this is what you should know. Thank you very
5 much.
6 (Applause from gallery.)
7 ACTING PRESIDENT VALESKY: Thank
8 you, Senator Diaz.
9 Senator Stavisky on the resolution.
10 SENATOR STAVISKY: First let me
11 thank my colleague Senator Diaz for bringing
12 people together, as he has done on so many
13 occasions.
14 But it's good to see so many of my
15 friends and constituents here: Paul Ng, Brother
16 George Chang, Ambassador Andrew Kao, Justin Yu,
17 and everybody in the gallery. And to you, I
18 don't mean to try to -- my Mandarin is improving,
19 let me put it that way. Da Jia Hao.
20 (Laughter; applause.)
21 SENATOR STAVISKY: Very briefly,
22 let me again thank the Republic of China, Taiwan,
23 for their help during Hurricane Sandy and other
24 disasters that have occurred. I know the
25 Taiwanese people were very helpful in New Orleans
1858
1 after Katrina.
2 But I also remember when I was first
3 elected -- and I think this happened about 1999,
4 the end of '99 or 2000, there was an earthquake
5 in Taiwan. And the American community came
6 together with our brothers and sisters, and I
7 remember attending a big rally at the
8 Botanical Gardens in Flushing where we came
9 together in support of our friends in Taiwan.
10 And I think that demonstrates the
11 friendship that has existed between the Republic
12 of China and the United States. And never, I
13 think, is this more apparent than if you visit my
14 district in Flushing -- because many of you from
15 Taiwan either spend time in Flushing or live in
16 Flushing, in the Flushing community. And this is
17 a very remarkable community, because they have
18 given almost a renaissance effect to the people
19 in Queens County.
20 The Comptroller did a report in
21 2011, and he highlighted the tremendous economic
22 improvements that are taking place in downtown
23 Flushing. Business has increased in the last
24 10 years by 37 percent, where in the rest of the
25 city it was somewhere in the neighborhood of
1859
1 5 percent.
2 We have a tremendous boom in
3 Flushing, whether it be construction, creating
4 new jobs, improvements to the infrastructure.
5 Whatever it is, it's happening in Flushing.
6 And for example, Main Street and
7 Roosevelt Avenue, the stop after Citi Field on
8 the Number 7 line, is the third busiest subway
9 station in the city. People don't realize that
10 this is a booming area.
11 And Flushing, where many of you shop
12 and you come for restaurants, for shopping, it's
13 become a destination. And it's because of the
14 people from Taiwan who have chosen to settle
15 here, to do business here, and to live here. And
16 for that we are very, very grateful.
17 Flushing is a community of
18 immigrants. There are people from approximately
19 70 different countries. Approximately 120
20 languages are spoken in the schools, English
21 hopefully being one of them. And we have shown
22 tremendous strides in adapting to our new
23 culture. And I am absolutely convinced that
24 without the immigration from Taiwan in the early
25 1980s, you would still have the boarded-up stores
1860
1 that you find in other parts of the state.
2 So again, I thank you all for
3 coming. And what we say in Queens is "Come to
4 Flushing and see the world."
5 Thank you, Mr. President.
6 (Applause from the gallery.)
7 ACTING PRESIDENT VALESKY: Thank
8 you, Senator Stavisky.
9 Senator Squadron on the resolution.
10 SENATOR SQUADRON: Thank you,
11 Mr. President.
12 Ni Hao Ma. It's good to see
13 everyone here. Thank you for coming to Albany.
14 To Ambassador Kao, to the mayor of Chinatown,
15 Mr. Paul Ng, to the former mayor of Chinatown,
16 Mr. Justin Yu, all of the constituents and
17 dignitaries that I see in the room, it's great to
18 have you here.
19 Because it's so important that the
20 presence you have in the state, the presence that
21 you have in my community, in Chinatown in
22 Manhattan, and Flushing, as Senator Stavisky
23 talked about, in Brooklyn all the way up to the
24 Bronx, as Senator Diaz's leadership on this
25 attests to -- and I thank him for his
1861
1 leadership -- your presence is constant.
2 And it's constant because we are so
3 proud to have such a strong Taiwanese-American
4 and Asian-American community in our city and our
5 state. And your presence is constant because the
6 way in which the community is strengthened, jobs
7 are created, and we are really a stronger place
8 because of your presence is something that we
9 benefit from every day.
10 And so to have this sort of physical
11 presence in the chamber today isn't just pleasant
12 for me -- because I've got to tell you, I
13 appreciate all of my colleagues in Albany, but I
14 much prefer to be in the district with all of you
15 than here on the floor of the Senate, and you
16 give me the opportunity to do both at the same
17 time today -- it's also critically important
18 because of the message that it sends.
19 And it sends the message that what's
20 happening in the Chinese-American community,
21 what's happening with our relationship with the
22 Republic of China, with Taiwan, is a critical
23 part of the business of our state. And we need
24 to understand that the challenges of having a
25 state that's friendly for immigrant communities,
1862
1 a state where it's possible to get an education
2 and have the support of the state in doing so, a
3 state where a new business owner has the support
4 of the state and local governments in starting
5 their business and isn't faced with hurdles that,
6 regardless of language barriers, regardless of
7 familiarity with the system, make it nearly
8 impossible to be successful as a small-level
9 imprimatur, no longer exist.
10 It's critical because we know that
11 we need to have an educational system starting in
12 elementary school that welcomes and encourages
13 students from all over the world speaking
14 languages from all over the world.
15 It's critical because we know that
16 communities that are made up of immigrants and
17 the children and grandchildren of immigrants have
18 more diversity in many ways than the average
19 community, and therefore have issues of
20 affordability and housing and open space.
21 And so the presence of all of you in
22 the chamber today is a great credit to the
23 strength and power of your community and our
24 community, and so that's important. But it's
25 also really a reminder that every day when we're
1863
1 toiling up here in Albany, it's not about the
2 fights of the day, the fights in this chamber,
3 the gold leaf on the ceiling above me. It is
4 about the work that each of you is doing to
5 strengthen New York as a beacon around the world
6 and as a place where working hard, investing in
7 your community, being a part of your community
8 will lead to success both in your generation and
9 in the following generations.
10 And it's a partnership that I'm
11 particularly pleased is a constant one with
12 Ambassador Kao and with Taiwan. Because this is
13 not something that New York does on its own, it's
14 something that we do as part of a global city.
15 And so the power of the day is
16 significant. I thank Senator Diaz again. I
17 thank all of you. And let me say that the
18 invitation is open literally every single day.
19 I, for one, would certainly be quite pleased if
20 we had this sort of presence from my community in
21 the chamber every day. And I've got to tell you,
22 we'd be a better state if we did.
23 (Applause from the gallery.)
24 ACTING PRESIDENT VALESKY: Thank
25 you, Senator Squadron.
1864
1 Senator Sanders on the resolution.
2 SENATOR SANDERS: To separate
3 people is easy, but to unite people shows real
4 skill. And I compliment you, Senator Diaz, for
5 bringing all of these groups together that you
6 have.
7 I represent a district that was
8 horribly impacted by Hurricane Sandy. In the
9 days following that disaster, we really found
10 ourselves shell-shocked, not knowing what to do
11 and where to turn to. One of the first groups
12 that said that they wanted to help were the
13 Taiwanese. And on behalf of my district, I thank
14 you for your efforts, I thank you for your heart
15 being wider than the Pacific and able to reach
16 out and to grasp our hands in our time of need.
17 I am no stranger to this type of
18 generosity. Having traveled to Taiwan as the
19 chair of economic development for the City
20 Council, I saw not just the culture, the vitality
21 of the nation, the incredible generosity of the
22 people. So I was not surprised at all by your
23 generosity. We certainly appreciate it.
24 It was made all the more generous
25 because I don't have many Taiwanese in my
1865
1 community. I'm not blessed; I don't have that
2 many Taiwanese in my community. So there was no
3 natural link, if you wish, it just was a linkage
4 of the human spirit, a linkage that said when
5 people are in need, we will reach out.
6 So we in the Rockaways will always
7 remember your generosity. And we also thank my
8 colleague Senator Adams, who also pioneered and
9 made sure that this generosity was shared with
10 many people.
11 So I'm very grateful for the
12 relationship that we have, not simply as a nation
13 to nation, but you indeed managed to do people to
14 people. Thank you very much.
15 (Applause from the gallery.)
16 ACTING PRESIDENT VALESKY: Thank
17 you, Senator Sanders.
18 Senator Perkins on the resolution.
19 SENATOR PERKINS: Thank you very
20 much, Mr. President.
21 And to my colleague Senator Diaz, I
22 want to jealously commend you for the privilege
23 you have of a constituency that you represent
24 well and who I know are good constituents, good
25 citizens and participating citizens in your
1866
1 community.
2 Ni Hao.
3 (Applause from the gallery.)
4 SENATOR PERKINS: I'm showing off
5 because I did have the privilege of visiting
6 Taiwan. At the time I believe your president was
7 the head of the city council, President Ma. And
8 I also took that trip with someone who might just
9 become the mayor of our city, John Liu, who is
10 our comptroller.
11 And so I want to just briefly
12 express my appreciation to you for coming and
13 joining us again, and welcome you to Harlem.
14 (Applause from the gallery.)
15 SENATOR PERKINS: Thank you.
16 ACTING PRESIDENT VALESKY: Thank
17 you, Senator Perkins.
18 Senator Espaillat on the resolution.
19 SENATOR ESPAILLAT: Thank you,
20 Mr. President.
21 I also want to congratulate
22 Senator Diaz. He very distinctly said, you know,
23 the different groups that he has brought to this
24 chamber, bringing us together. I think he is
25 running out of continents.
1867
1 (Laughter.)
2 SENATOR ESPAILLAT: But he is
3 bringing everybody here to be part of this
4 process.
5 And I want to welcome the ambassador
6 and also Mr. Ng from the Chinese Consolidated
7 Benevolent Association. I know that these groups
8 have been in the city and in the state for many,
9 many years and have been contributing to the
10 well-being and the growth of our economy.
11 You have been a steadfast and
12 persistent ally and friend of the New York
13 economy and New York City, and we welcome you to
14 this Senate chamber. And we want to participate
15 with you, join in your culture and your food, and
16 be friends, as we are all New Yorkers.
17 So thank you so much for coming
18 here. Congratulations, Senator Diaz. Ni Hao.
19 Xie Xie.
20 (Applause from the gallery.)
21 ACTING PRESIDENT VALESKY: Thank
22 you, Senator Espaillat.
23 This resolution was adopted on
24 April 17th.
25 We certainly welcome our special
1868
1 guests who are joining us today and thank the
2 people of Taiwan for their support of the victims
3 of Superstorm Sandy. Thank you.
4 Senator Libous.
5 SENATOR LIBOUS: Thank you,
6 Mr. President.
7 At this time I'd like to take up
8 Resolution 1315, by Senator Stewart-Cousins, read
9 the title only and please call on Senator
10 Stewart-Cousins.
11 ACTING PRESIDENT VALESKY: The
12 Secretary will read.
13 THE SECRETARY: Legislative
14 Resolution Number 1315, by Senator
15 Stewart-Cousins, memorializing Governor Andrew M.
16 Cuomo to proclaim April 21-27, 2013, as Abusive
17 Head Trauma/Shaken Baby Syndrome Awareness Week
18 in the State of New York.
19 ACTING PRESIDENT VALESKY: Senator
20 Stewart-Cousins on the resolution.
21 SENATOR STEWART-COUSINS: Thank
22 you, Mr. President.
23 I wanted to also extend my welcome
24 to our esteemed guests.
25 The resolution is not really one
1869
1 that is anything that I'd want to talk about, but
2 it's important. Every year since I've been here,
3 I've stood and spoken about shaken baby
4 syndrome. And there's a few facts that we should
5 know.
6 We should know that 681,000 children
7 are victims of abuse and neglect yearly; that
8 73,000, approximately, are abused and victimized
9 right here in New York. We should also know that
10 in the United States four children die daily from
11 abuse and neglect, and 75 percent of those
12 children are under the age of 4. And the leading
13 cause of death is abusive head trauma and shaken
14 baby syndrome.
15 One of those children lived in my
16 district. In November of 2000, at the age of
17 8 months old, Cynthia Gibbs was shaken by her
18 babysitter, and the result was Cynthia's death.
19 Since that time, there's been a push, certainly
20 by her father, to educate people.
21 And the New York State Department of
22 Health has done a tremendous job with the
23 New York Shaken Baby Prevention Program that
24 started 15 years ago, which engages people in
25 education process about shaken baby syndrome.
1870
1 And one of those hospitals that are involved is
2 my own hospital in Westchester, Maria Fareri
3 Children's Hospital.
4 The reality is there are nurses that
5 go out and help families early on with their
6 babies, and you have to know this information
7 before you leave the hospital, that you just
8 can't shake your baby. And you can't expect that
9 if you do shake them, that bad things won't
10 happen. If the child survives, very often there
11 is brain damage, there are learning
12 disabilities. And they also find these children
13 to be more prone to substance abuse.
14 So again, I stand, you know, just to
15 say the very, very simple act of, if you're
16 stressed out as a parent -- and that happens so
17 often -- don't shake your baby. Walk away.
18 Don't shake your baby.
19 Thank you.
20 ACTING PRESIDENT VALESKY: Thank
21 you, Senator Stewart-Cousins.
22 The question is on the resolution.
23 All in favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT VALESKY: Opposed,
1871
1 nay.
2 (No response.)
3 ACTING PRESIDENT VALESKY: The
4 resolution is adopted.
5 Senator Libous.
6 SENATOR LIBOUS: Mr. President, if
7 we could go back and just open the Diaz
8 resolution, please, to members. Senator Diaz
9 would like to open it up to all members. And if
10 someone wishes not to be on it, to let the desk
11 know.
12 ACTING PRESIDENT VALESKY: So
13 ordered.
14 Senator Libous.
15 SENATOR LIBOUS: Mr. President, at
16 this time I'd like to take up Resolution
17 Number 840, by Senator Gipson. It was previously
18 adopted. Let's read it in its entirety and
19 please call on Senator Gipson.
20 ACTING PRESIDENT VALESKY: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 840, by Senator Gipson,
24 commemorating the 100th Anniversary of the
25 Hughsonville Fire Department.
1872
1 "WHEREAS, This Legislative Body is
2 proud to commemorate the 100th Anniversary of the
3 Hughsonville Fire Department and to honor its
4 past and present firefighting members for
5 100 years of fire protection to the citizens of
6 the Town of Wappinger, New York, and its
7 surrounding communities; and
8 "WHEREAS, This Legislative Body is
9 also justly proud to commend the Hughsonville
10 Fire Department for its assistance and support in
11 the September 11th cleanup and, more recently,
12 for its assistance on Long Island helping
13 Massapequa, New York, with the cleanup after
14 Superstorm Sandy; and
15 "WHEREAS, Fire departments are an
16 integral part of community protection services in
17 every locality of our state. During the past
18 100 years, the courageous and devoted
19 firefighters of the Hughsonville Fire Department
20 have valiantly responded to all types of fire
21 emergencies and have won the praise and respect
22 of the community which they serve; and
23 "WHEREAS, With a membership of
24 dedicated firefighters, the record of the
25 Hughsonville Fire Department in public service
1873
1 and fire protection is one to be envied. For
2 24 hours a day, for 365 days a year, for
3 100 years, whenever the alarm sounded, these
4 noble volunteers left their homes and went to the
5 aid of their neighbors; and
6 "WHEREAS, The brave firefighters of
7 the Hughsonville Fire Department are prepared to
8 risk their lives every day to help save the lives
9 of others and to protect homes and property from
10 the destruction caused by fire; and
11 "WHEREAS, In addition to the skill
12 and devoted service demonstrated by individual
13 firefighters, the Hughsonville Fire Department
14 reflects the history and development of
15 firefighting over the past 100 years; and
16 "WHEREAS, This Legislative Body
17 cannot express sufficient gratitude to those
18 devoted individuals who recognize that the
19 preservation of life and property is a sacred
20 responsibility, and who make that responsibility
21 their own by serving as firefighters; and
22 "WHEREAS, It is the sense of this
23 Legislative Body that we should give special
24 recognition to those who work so assiduously for
25 the betterment of their communities, and
1874
1 acknowledge publicly the heroic good works
2 performed by the volunteer fire departments of
3 this great Empire State, their officers and
4 auxiliaries; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to proudly
7 commemorate the 100th Anniversary of the
8 Hughsonville Fire Department; and be it further
9 "RESOLVED, That a copy of this
10 resolution, suitably engrossed, be transmitted to
11 the Hughsonville Fire Department."
12 ACTING PRESIDENT VALESKY: Senator
13 Gipson on the resolution.
14 SENATOR GIPSON: Thank you,
15 Mr. President.
16 As a former volunteer fireman and as
17 a State Senator, it's a great honor today to
18 welcome to our chambers some very important
19 people from my district. I have representatives
20 of the Hughsonville Fire Department. They are
21 celebrating 100 years of service.
22 And as the resolution said, 24 hours
23 a day, 365 days a year, these men and women for
24 100 years have stood up to the call of duty.
25 Whenever that bell has gone off, they have been
1875
1 there to serve the community.
2 That in itself is certainly enough
3 for us to recognize. But what's really special
4 about this fire department is that they go above
5 and beyond the call of duty all of the time. For
6 instance, during 9/11 they were one of the many
7 fire departments that responded down to Ground
8 Zero to help with the recovery and cleanup there.
9 More recently, they went to a place
10 that is nowhere near where we live. If you don't
11 know where our district is, it's right in the
12 middle of the mid-Hudson Valley. You can't
13 really get to Long Island from where we live.
14 It's nowhere near there. But just to show you
15 how special these individuals are, they found a
16 way to get there, down to the town of Massapequa
17 after Hurricane Sandy when that whole area had
18 been devastated by that hurricane.
19 When that area was in desperate need
20 of help, these firefighters took their trucks and
21 their gear, left their families and their homes
22 and went down to work with a group of people they
23 had never met before to work in a place they had
24 never been to before, to enter into a situation
25 that they had no idea what they would be entering
1876
1 into. They volunteered enormous amounts of time
2 and resources to that.
3 And it's just a real honor to have
4 them here today. I want to just recognize them
5 by name, and if you could stand up, please.
6 We have Chief Michael Stearns,
7 Lieutenant Michael Valentino, Firefighter Trevor
8 Dhalla, Firefighter Krizia Loyola, Lieutenant
9 Justin Jerrick, Commissioner Bill Spinelli,
10 Firefighter Paul Rogers, Firefighter Michael
11 Schappert, Firefighter James McGovern,
12 Firefighter Dale Kelley, Commissioner Erin
13 Corbett, and the president of the firefighter
14 company, Bill Beale.
15 Please help me give them a round of
16 applause for all their work.
17 (Standing ovation.)
18 SENATOR GIPSON: Thank you,
19 Mr. President.
20 ACTING PRESIDENT VALESKY: Thank
21 you, Senator Gipson.
22 Senator Fuschillo on the resolution.
23 SENATOR FUSCHILLO: Thank you very
24 much, Mr. President. And I'd like to thank
25 Senator Gipson for this resolution.
1877
1 I had the pleasure of meeting two
2 members of the Hughsonville Fire Department. I
3 shook their hand and I thanked them. As Senator
4 Gipson knows, Massapequa is in my Senate
5 district, and it was hit extremely hard by
6 Sandy. And on the night that they were there,
7 they had nine calls in Massapequa where houses
8 went on fire and literally blew up from gas
9 explosions.
10 And these gentleman, these men and
11 women came down from their own village, their own
12 town, without even thinking about anything else
13 but saving people's lives and rescuing people.
14 The surge down there was anywhere
15 from 4 feet to 9 feet high. The members of the
16 Massapequa Fire Department, most of them lost
17 their houses -- anybody who lived south of
18 Merrick Road -- and they needed assistance. And
19 they formed a bond with the brothers from
20 Hughsonville.
21 And Senator, I thank you for this
22 resolution. I look forward to them coming down
23 to the dinner in a week, to the Massapequa Fire
24 Department. But I stand just to thank them for
25 their service and for their brotherhood in
1878
1 supporting the fire departments in my district.
2 ACTING PRESIDENT VALESKY: Thank
3 you, Senator Fuschillo.
4 This resolution was adopted on
5 March 19th.
6 We welcome our guests to the
7 chamber. And Happy 100th Anniversary to the
8 Hughsonville Fire Department.
9 Senator Libous.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 Could we now take up Resolution
13 Number 1395, by Senator Perkins, please have it
14 read in its entirety, and call on Senator Perkins
15 to speak.
16 ACTING PRESIDENT VALESKY: The
17 Secretary will read.
18 THE SECRETARY: Legislative
19 Resolution Number 1395, by Senator Perkins,
20 honoring Dabney N. Montgomery upon the occasion
21 of his designation for special recognition after
22 a lifetime of loyalty and distinguished service
23 as a renowned Tuskegee Airman.
24 "WHEREAS, From time to time this
25 Legislative Body takes note of certain
1879
1 extraordinary individuals of remarkable courage
2 and strength of character who risked their own
3 lives for others, and stood with fortitude for
4 freedom and humanity; and
5 "WHEREAS, Attendant to such concern,
6 and in full accord with its long-standing
7 traditions, this Legislative Body is justly proud
8 to honor Dabney N. Montgomery upon the occasion
9 of his designation for special recognition after
10 a lifetime of loyalty and distinguished service
11 as a renowned Tuskegee Airman, to be celebrated
12 on Saturday, May 4, 2013; and
13 "WHEREAS, On April 18, 2013, Dabney
14 N. Montgomery turned 90 years old; and
15 "WHEREAS, Born in Selma, Alabama, on
16 April 18, 1923, to Dred and Lula Anderson
17 Montgomery, Dabney Montgomery was drafted into
18 the Army Air Corps (now the United States Air
19 Force), during World War II and served in the
20 1051st Quartermaster Company of the 96th Air
21 Service Group, attached to the 332nd Air Fighter
22 Group, as a ground crewman with the Tuskegee
23 Airmen in Southern Italy, from 1943 to 1945; and
24 "WHEREAS, A man of many
25 achievements, Dabney Montgomery was awarded a
1880
1 Good Conduct Medal; the World War II Victory
2 Medal; the European African Middle Eastern
3 Service Medal with two Bronze Stars; a Service
4 Award; the Honorable Service Medal; a Basic
5 Driver and Mechanic Medal; and the New York State
6 Senate Veterans Hall of Fame Award; and
7 "WHEREAS, To continue his education,
8 in 1946 Dabney Montgomery enrolled into
9 Livingstone College, located in Salisbury,
10 North Carolina, and received a B.A. degree in
11 Religious Education in May of 1949; he is a
12 charter member of the Sphinx Club and was one of
13 the first to be admitted into the Gamma Mu
14 Chapter of the Alpha Phi Alpha Fraternity; and
15 "WHEREAS, Mr. Montgomery was an
16 activist in the course of the civil rights
17 movement and marched with the late Reverend
18 Dr. Martin Luther King, Jr., throughout the
19 50-plus miles March from Selma to Montgomery,
20 Alabama, from March 21-25, 1965; he also served
21 as one of Dr. King's bodyguards; and
22 "WHEREAS, On April 11, 2006, former
23 President George W. Bush signed a bill into law
24 to award all Documented Original Tuskegee Airmen
25 the united States Congressional Gold Medal of
1881
1 Honor; it was awarded on Thursday, March 29,
2 2007, under the Capitol Dome in Washington,
3 D.C.; and
4 "WHEREAS, In December of 2006,
5 Dabney Montgomery was selected by the Livingstone
6 College National Alumni Association to receive
7 the prestigious Outstanding Alumni Award; it was
8 presented on February 2, 2007, by the National
9 Alumni Council of the United Negro College Fund
10 in Nashville, Tennessee; on February 4, 2010, he
11 was inducted into the United Negro College Fund
12 'Share Your Love' and Service in Celebration of
13 Livingstone College Leaders Hall of Fame; these
14 distinguished awards recognize alumni who have
15 made significant contributions to their alma
16 mater, community, and the UNCF; and
17 "WHEREAS, Dabney Montgomery is
18 involved in the Harlem community and is a member
19 of Manhattan Community Board No. 10, where he
20 serves on two subcommittees: parks and
21 recreation, and the executive committee. As a
22 member of the parks and recreation committee, he
23 wrote a letter to the Parks Department of the
24 City of New York as a proposal to recognize
25 Central Park West (at 85th and 86th Streets) as
1882
1 the historical site of African-American settlers
2 in the early 1820s, which was then Seneca
3 Village; Mother Zion was, for a short time,
4 located there; and
5 "WHEREAS, The settlers were evicted
6 in 1857 under the City's 'eminent domain'
7 project; a permanent sign now stands marking the
8 site; and
9 "WHEREAS, Dabney Montgomery is
10 currently the chaplain of the West 136th Street
11 200th Block Association; and
12 "WHEREAS, Mr. Montgomery has
13 received numerous awards for his community
14 involvement, including the Social Action Award
15 for his civil rights activism; an 'American Hero'
16 declaration; a Trailblazer Award from the
17 International Brotherhood of Teamsters; a
18 Tuskegee Airmen Legacy Award for heroic and
19 dedicated service; and a Citation for
20 Extraordinary Service to Our Nation and
21 Sacrifices in the Civil Rights Movement; and
22 "WHEREAS, Dabney Montgomery is truly
23 a person who loves his family and country; his
24 pride, faith, and distinguished service make him
25 meritoriously worthy of this designation; and
1883
1 "WHEREAS, It is the sense of this
2 Legislative Body that when individuals of such
3 noble aims and accomplishments are brought to our
4 attention, it is appropriate to publicly proclaim
5 and commend those individuals for the edification
6 and emulation of others; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to honor Dabney
9 N. Montgomery upon the occasion of his
10 designation for special recognition after a
11 lifetime of loyalty and distinguished service as
12 a renowned Tuskegee Airman; and be it further
13 "RESOLVED, That a copy of this
14 resolution, suitably engrossed, be transmitted to
15 Dabney N. Montgomery."
16 ACTING PRESIDENT VALESKY: Senator
17 Perkins on the resolution.
18 SENATOR PERKINS: Thank you very
19 much, Mr. President.
20 This is a great honor for me to be
21 able to pay my respects, pay our respects to not
22 just an individual who, as you've read, has
23 rather outstanding accomplishments and
24 contributions, but really it's a representation
25 of American history, someone who has been
1884
1 remarkable.
2 Just think about the legacy of the
3 Tuskegee Airmen. And then when you think about
4 that legacy and include in it the likes of the
5 Honorable Percy Sutton, former borough president
6 of Manhattan, another Tuskegee Airman from
7 Harlem, as well as Roscoe Brown, president of the
8 Borough Community College in the Bronx, another
9 Tuskegee Airman, Harlem.
10 So we're also talking about the
11 legacy not only of this individual, but also the
12 legacy of the district that I have the privilege
13 of representing, the legacy of this great
14 country, as these Tuskegee Airmen have so
15 valiantly defended it and represented it and have
16 been role models for so many of us -- not simply
17 by virtue of what they did in the sky, but what
18 they also did on the ground in our communities in
19 terms of our community boards, in the political
20 arena.
21 Some of you may remember the
22 Honorable Percy Sutton, before he became our
23 borough president, he served in Albany and was
24 the founder of what has become the world-renowned
25 Black and Puerto Rican Legislative Caucus, which
1885
1 has made extraordinary landmark legislation that
2 brought this institution, this place which
3 governs our state, in the forefront of
4 progressive, visionary-type legislation and
5 policy.
6 So this is a trailblazer who has
7 walked with these giants and who today we are
8 representing as a tribute not simply to him, but
9 to his country and to his community. And also
10 obviously a man who is faith-based, so that his
11 vision is informed with morality. And his
12 visibility in our community helps our young
13 people understand that they too can be like him.
14 He unfortunately is not here. We
15 almost lost him to an illness, but thank God he
16 will be with us in celebration of his birthday.
17 Coincidentally, his birthday is April 18th, the
18 same day as mine. And I'm looking forward to
19 celebrating that day with him with this
20 proclamation, which will be presented to him as a
21 birthday card greeting from all of us.
22 Thank you very much.
23 ACTING PRESIDENT VALESKY: Thank
24 you, Senator Perkins.
25 The question is on the resolution.
1886
1 All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT VALESKY: Opposed,
4 nay.
5 (No response.)
6 ACTING PRESIDENT VALESKY: The
7 resolution is adopted.
8 Senator Libous.
9 SENATOR LIBOUS: We're going to
10 open this resolution up for cosponsorship at the
11 request of Senator Perkins. So if any member
12 wishes not to be on it, let the desk know.
13 ACTING PRESIDENT VALESKY: So
14 ordered.
15 Senator Libous.
16 SENATOR LIBOUS: Resolution Number
17 1235, by Senator Grisanti, was previously
18 adopted. At this time could we have it read in
19 its entirety and call on Senator Grisanti.
20 ACTING PRESIDENT VALESKY: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 1235, by Senator Grisanti,
24 commemorating the 43rd Anniversary of Earth Day
25 on April 22, 2013.
1887
1 "WHEREAS, It is the sense of this
2 Legislative Body to recognize and pay tribute to
3 those organizations and persons dedicating their
4 purposeful work to increasing public awareness
5 of, and appreciation for, the natural resources
6 of New York, recognizing the role all citizens
7 have in protecting the environment and the
8 quality of life in this Empire State; and
9 "WHEREAS, Responding to widespread
10 environmental degradation, Gaylord Nelson, a
11 United States Senator from Wisconsin, called for
12 an environmental teach-in, or Earth Day, to be
13 held on April 22, 1970; over 20 million people
14 participated that year; and
15 "WHEREAS, Earth Day is now observed
16 each year on April 22 by more than 500 million
17 people and national governments in 175 countries;
18 and
19 "WHEREAS, In the 43 years that have
20 passed since the original Earth Day, the planet
21 has been subjected to the continuing burdens of
22 world population growth, increasing commercial
23 and residential development, ocean pollution,
24 increasing stores of toxic and nuclear waste, and
25 other similar assaults which have exacerbated the
1888
1 growing dangers of global climate change, ozone
2 depletion, toxic poisoning, deforestation and
3 mass species extinctions; and
4 "WHEREAS, Following the first
5 Earth Day, and the demonstrations of concern of
6 over 20 million Americans, a collective national
7 action has resulted in the passage of sweeping
8 new laws to protect the invaluable resources of
9 air, land and water; and
10 "WHEREAS, A sound natural
11 environment is the foundation of a healthy
12 society and a robust economy, in that it works
13 hand in hand with the creation of green jobs,
14 boosts sustainable agriculture in communities and
15 allows for New Yorkers to take in the natural
16 elements that have defined our state; and
17 "WHEREAS, Human activities around
18 the world are causing severe environmental damage
19 that threatens human health and our planet's
20 ability to sustain a diverse community of life
21 such as a heavy dependence on fossil fuels,
22 widespread use of toxic chemicals in food and
23 other consumer goods, devastation of forests,
24 hazardous chemicals that have affected children
25 and families in our many environmental justice
1889
1 communities; and
2 "WHEREAS, The knowledge of ways to
3 live in harmony with our environment and methods
4 and technologies to accomplish this end already
5 exists in the pristine natural resources that
6 New York State has to offer for sustainable
7 communities in rich agriculture, clean waters and
8 a movement that promotes reliance on renewable
9 energy resources and recycling; and
10 "WHEREAS, Local communities can do
11 much to reverse environmental degradation and
12 contribute to building a healthy society by
13 promoting energy conservation, sustainable land
14 use policies, and public transit; and
15 "WHEREAS, There are sound economic,
16 environmental, and social reasons for local
17 governments to initiate energy efficiency and
18 renewable energy practices; and
19 "WHEREAS, The environmental
20 realities of our time require humans to make a
21 dramatic shift in our relationship to the earth;
22 and
23 "WHEREAS, April 22, 2013, marks the
24 43rd Anniversary of Earth Day, a day set aside to
25 celebrate the beauty and bounty of our
1890
1 environment and to revitalize the efforts
2 required to protect, and maintain respect for,
3 the environment and its resources; and
4 "WHEREAS, Earth Day 2013 activities
5 and events will educate all citizens on the
6 importance of acting in an environmentally
7 sensitive fashion by recycling, conserving energy
8 and water, using efficient transportation, and
9 adopting more ecologically sound lifestyles; and
10 "WHEREAS, The goal of Earth Day 2013
11 is not to plan only one day of events and
12 activities, but to continue worldwide efforts to
13 protect all aspects of the environment; now,
14 therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to commemorate
17 the 43rd Anniversary of Earth Day on April 22,
18 2013; and be it further
19 "RESOLVED, That New York commits
20 itself to undertaking programs and projects that
21 enhance our community's natural environment; and
22 be it further
23 "RESOLVED, That New York State
24 hereby encourages its residents, businesses and
25 institutions to use Earth Day to celebrate the
1891
1 Earth and commit to building a sustainable
2 society; and be it further
3 "RESOLVED, That this Legislative
4 Body congratulate all the concerned citizens of
5 New York State who have embraced the responsible
6 work of protecting and preserving the environment
7 for future generations."
8 ACTING PRESIDENT VALESKY: Senator
9 Grisanti on the resolution.
10 SENATOR GRISANTI: Yes, thank you,
11 Mr. President. I appreciate the short version of
12 that resolution that was just read.
13 You know, 43 years ago, the
14 anniversary of Earth Day. And when you talked
15 about over 500 million people, 170 countries,
16 that's what's actually taken part.
17 And I don't know if anybody in this
18 chamber has had the opportunity over this past
19 weekend to take part in any cleanup efforts in
20 your neighborhood, whether it's creeks or rivers,
21 or do some recycling, or possibly do a
22 prescription program with your local DEA to get
23 the prescription drugs off the streets rather
24 than flushing them down the toilets.
25 There's many things that can be
1892
1 done. Plant a tree. Do whatever you can. But
2 as it said in the resolution, just don't do it
3 for one day -- yesterday -- and that's it.
4 We've come a long way in the last
5 two years of my being the chair of the En Con
6 Committee. We're made great strides in
7 legislation that is being done to protect our
8 environment, our air, our water. We've got to
9 continue to do that. There are numerous bills
10 that are on the agenda today that also do that as
11 well.
12 We have members in the audience here
13 that are part of the En Con Police, part of the
14 Forest Rangers, that help make sure that the
15 regulations we put forward are actually being
16 followed and not to a detriment of our
17 environment, whether it's spilling, whether it's
18 waste dumping, protecting our birds, fisheries,
19 so on and so forth.
20 But with that said, you've got to
21 take the opportunity also to recognize the work
22 that is done throughout your districts of your
23 own constituents. And sometimes, you know, we
24 don't take time to say thank you to them. But in
25 fact this past weekend we had over 2,000
1893
1 volunteers in our area that took part in cleanup
2 efforts, with hundreds and hundreds of tons of
3 debris that were removed from some of these
4 rivers and some of these lake beds.
5 So we've got to thank our
6 constituents in every region of the state, the
7 interest groups that keep us apprised of the
8 situation that's needed to be done to protect the
9 environment, the government agencies, our fellow
10 colleagues, both the Assembly and the Senate, for
11 moving forward on legislation that protects our
12 environment. And we've got to make sure to keep
13 New York the great state it is today, but not
14 just stop there, push for the state to become
15 even better.
16 So over the last four decades we've
17 taken tremendous strides forward here to improve
18 our air quality and water, protect our forests
19 and our watersheds. So this year's budget, as
20 you know, there's additional money in EPF that
21 will help us more further to secure that effort.
22 And I just want to remind everybody
23 that also Friday is Arbor Day. Go out there,
24 recycling efforts, plant trees, get involved with
25 the community, have your office get involved with
1894
1 the community and moving forward for this
2 environment.
3 I thank you, Mr. President, for the
4 previous adoption of this on April 17th. Thank
5 you for allowing me the opportunity to speak.
6 ACTING PRESIDENT VALESKY: Thank
7 you, Senator Grisanti.
8 Senator LaValle on the resolution.
9 SENATOR LaVALLE: Thank you,
10 Mr. President.
11 I certainly want to say that reading
12 the resolution and Senator Grisanti's remarks
13 were very admirable.
14 And this is a very, very important
15 occasion, Earth Day, but it's also followed by
16 Arbor Day, which is the 26th of April.
17 Resolution 1397 is on the calendar. Many of the
18 members here are sponsoring that legislation.
19 What makes Earth Day and Arbor Day
20 even more special this year is that we have
21 suffered from two storms, Hurricane Sandy
22 followed by Storm Nemo, which brought snow and
23 other rain upon Long Island and was very, very
24 damaging.
25 Both storms claimed life and
1895
1 property. But at the same time it claimed, it
2 ravaged our environment, our trees and all of the
3 environs, that as you drive down the highway from
4 one community to the next, you see almost like a
5 tornado went in, and tree upon tree just damaged.
6 I have started in my own senatorial
7 district a Plant the Tree program to try and get
8 individual citizens, groups, civic associations,
9 schools, Boy Scouts, Girl Scouts involved in the
10 planting and replacing of the trees that were
11 downed because of the storm.
12 Arbor Day was created in 1872, so
13 it's been around for a long time. And as prior
14 generations have planted trees, future
15 generations have reaped the benefit. Trees do so
16 much in terms of replacing water and oxygen,
17 protecting us and giving us shade and comfort.
18 But just in closing, many times as I
19 travel or hike in the Adirondacks I take a few
20 moments to just sit on a log and look at the
21 trees and listen to the symphony of wind passing
22 through the trees and the leaves fluttering --
23 the rabbits, the deer, the squirrels. And all of
24 this, and I mention this, are interdependent as
25 part of our nature.
1896
1 We are stewards of our environment.
2 And whether it's on Earth Day or Arbor Day, I
3 think we need to be the citizen and be the
4 steward of our environment.
5 As many of you know, I pride myself
6 on being involved with groups who are involved in
7 the environment. And that came from my own
8 grandfather, who told me to leave the environment
9 in a better place than when I found it. So I
10 hope that all of us can take that heed and make
11 sure that our environment is better today than it
12 was yesterday.
13 Thank you, Mr. President.
14 ACTING PRESIDENT VALESKY: Thank
15 you, Senator LaValle.
16 Senator Marcellino on the
17 resolution.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 And thanks to Senator Grisanti for
21 carrying this very important resolution, because
22 it reminds us of what we're all about here.
23 We have only one planet. Last I
24 looked, they're not making any more. How we
25 treat it is a testament to us, our character and
1897
1 our caring for future generations who will
2 inherit this planet from us.
3 As Senator LaValle just said, and
4 correctly so, it is our responsibility to leave
5 it better than we found it -- not in the same
6 place, but better.
7 Sandy, as has been mentioned several
8 times today in various resolutions, reminded us
9 or should remind us of the fragility of our
10 environment, of the fragility of the habitats
11 that exist around us. You have to drive any road
12 in an area impacted by Sandy -- I drive
13 throughout my district all the time on the
14 North Shore of Long Island. Trees are down,
15 holes exist in areas that used to be dense
16 forest. They're down, they're bare now. You can
17 see the destruction from this one storm followed
18 by that other storm, Nemo, that came in
19 afterwards and kind of like compounded a felony
20 on the environment.
21 We have a lot of work to do. Arbor
22 Day is a good day. Plant more trees. Plant the
23 right kinds of trees. Make sure they jell and
24 mesh with your habitat. Make sure that they
25 belong in the environment that you put them.
1898
1 Let's not bring in invasive species to areas that
2 they don't belong where they'll create more
3 trouble than we need.
4 So let's watch what we're doing,
5 let's honor the environment, let's care for it,
6 let's maintain it for future generations, as has
7 been said. But let's not just do this one day a
8 year. Arbor Day shouldn't be one day a year.
9 There's no reason why we can't go out and honor
10 the environment and honor our planet every single
11 day we're here.
12 You don't have to wait till
13 Arbor Day to plant a tree. Go out and do it
14 now. You don't have to wait till the 22nd of
15 this month to honor Earth Day. This is a day we
16 should honor and this is a thing we should
17 celebrate each and every day of the year, and we
18 should never forget it.
19 Little children in the schools are
20 reminded by their teachers routinely now,
21 routinely, about recycling, about reusing and
22 renewing the environment. This is something that
23 is important. This is something we should all be
24 involved in -- again, not just one day a year,
25 but every single day we should be involved in
1899
1 this. We should keep it in my minds and in our
2 hearts.
3 Again, to repeat my colleague's very
4 apropos words, it is important that we maintain
5 our planet, it is important that we look at
6 Superstorm Sandy as a warning of just how fragile
7 this place we live in is, just how fragile our
8 environment and just how fragile those habitats
9 that exist all around us are, and we have to
10 protect them and preserve them for future
11 generations.
12 Mr. President, again, I thank my
13 colleagues for bringing this resolution up. And
14 again, just remember: Never forget the
15 environment.
16 Thank you, Mr. President.
17 ACTING PRESIDENT VALESKY: Thank
18 you, Senator Marcellino.
19 This resolution was adopted on
20 April 17th.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you,
23 Mr. President.
24 And I'd like to take up Resolution
25 Number 1294, by Senator Stewart-Cousins. I would
1900
1 ask you to read the title only and then call on
2 Senator Krueger.
3 ACTING PRESIDENT VALESKY: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 1294, by Senator
7 Stewart-Cousins, recognizing Thursday,
8 April 25th, 2013, as Take Our Daughters and Sons
9 To Work Day.
10 ACTING PRESIDENT VALESKY: Senator
11 Krueger on the resolution.
12 SENATOR KRUEGER: Thank you,
13 Senator Valesky.
14 So today we are honoring Take Our
15 Children To Work Day. It was once Take Our
16 Daughters To Work Day and then, fascinatingly,
17 young men started saying "But I want to go to
18 work too and learn what's going on." And so I am
19 actually very happy that it has become a Take
20 Your Children To Work Day.
21 And I actually don't have any
22 children, but I have quite a few nephews and
23 nieces. And I have with me today two of my
24 nephews, who have been following me through work
25 today, twins Michael and Peter. Peter is back
1901
1 there; this is Michael.
2 And I think that coming to work with
3 their aunt today like other children all over
4 hopefully the country, going to work with their
5 parents or aunts and uncles over the course of
6 the last week and next week, are learning that
7 all kinds of things happen at jobs.
8 We went to committee meetings. We
9 reviewed bills. We actually went through
10 individual bills and questions my young, smart
11 nephews had. They have sat here on the floor of
12 the Senate and they have listened to the
13 resolutions, so they saw visitors from Taiwan
14 come here, they heard about the importance of
15 Earth Day, they heard about sporting events.
16 Hopefully soon they will see us actually voting
17 on bills. It's only 5:30 now.
18 And so some of the lessons hopefully
19 that they will take from their day at work, as
20 children all over this country will take from
21 going to work with their family members, is a
22 better understanding of both the responsibilities
23 of adults in the workplace, the different kinds
24 of work everyone does, the responsibilities that
25 come with those jobs, including sometimes
1902
1 wondering how long you're going to wait in a
2 particular room for things to happen.
3 So I certainly know that I want to
4 open up Senator Andrea Stewart-Cousins's
5 resolution for everyone to support Take Your
6 Children To Work Day. I hope that this year and
7 next year more people will take an opportunity to
8 bring their children, their nieces and their
9 nephews, to work with them so they can learn what
10 goes on.
11 I know just in talking to my nephews
12 today, they learned quite a bit about what my
13 daily life is and that they might not ever have
14 seen if they didn't come across the border from
15 New Jersey to New York to come up to our great
16 Capitol and spend the day with me.
17 Thank you, Mr. President.
18 ACTING PRESIDENT VALESKY: Thank
19 you, Senator Krueger.
20 A special welcome to Senator
21 Krueger's two nephews who are joining us today.
22 The question is on the resolution.
23 All in favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT VALESKY: Opposed,
1903
1 nay.
2 (No response.)
3 ACTING PRESIDENT VALESKY: The
4 resolution is adopted.
5 The resolution is open for
6 cosponsorship. Any member who wishes not to
7 cosponsor the resolution should notify the desk.
8 Senator Libous.
9 SENATOR LIBOUS: Mr. President,
10 could we have the reading of the noncontroversial
11 calendar, please.
12 ACTING PRESIDENT VALESKY: We most
13 certainly can.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number 32,
16 by Senator Gallivan, Senate Print 90, an act to
17 amend the Environmental Conservation Law.
18 ACTING PRESIDENT VALESKY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59. Nays,
1904
1 2. Senators Espaillat and Serrano recorded in
2 the negative.
3 ACTING PRESIDENT VALESKY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number 34,
6 by Senator Grisanti, Senate Print 1600, an act to
7 amend the Environmental Conservation Law.
8 ACTING PRESIDENT VALESKY: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT VALESKY: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT VALESKY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 111, by Senator Gallivan, Senate Print 91, an act
20 to amend the Environmental Conservation Law.
21 ACTING PRESIDENT VALESKY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT VALESKY: Call the
1905
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT VALESKY: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 181, by Senator Libous, Senate Print 3580, an act
8 to amend the Environmental Conservation Law.
9 ACTING PRESIDENT VALESKY: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT VALESKY: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar Number 181, those recorded in the
18 negative are Senators Espaillat, Hoylman, Perkins
19 and Serrano.
20 Ayes, 58. Nays, 4.
21 ACTING PRESIDENT VALESKY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 182, by Senator Gallivan, Senate Print 3757, an
25 act to amend Chapter 326 of the Laws of 2011.
1906
1 ACTING PRESIDENT VALESKY: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT VALESKY: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar Number 182, those recorded in the
10 negative are Senators Espaillat, Hoylman, Perkins
11 and Serrano.
12 Ayes, 58. Nays, 4.
13 ACTING PRESIDENT VALESKY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 184, by Senator Nozzolio, Senate Print 3929, an
17 act to amend the Environmental Conservation Law.
18 ACTING PRESIDENT VALESKY: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: In relation to
1907
1 Calendar Number 184, those recorded in the
2 negative are Senators Espaillat, Hoylman, Perkins
3 and Serrano.
4 Ayes, 58. Nays, 4.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 219, by Senator Grisanti, Senate Print 1584, an
9 act to amend the Civil Service Law.
10 ACTING PRESIDENT VALESKY: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT VALESKY: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT VALESKY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 244, by Senator Fuschillo, Senate Print 754A, an
22 act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT VALESKY: Read the
24 last section.
25 THE SECRETARY: Section 4. This
1908
1 act shall take effect on the first of November.
2 ACTING PRESIDENT VALESKY: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61. Nays,
6 1. Senator Perkins recorded in the negative.
7 ACTING PRESIDENT VALESKY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 252, by Senator Robach, Senate Print 1018, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT VALESKY: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT VALESKY: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT VALESKY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 283, by Senator Grisanti, Senate Print 1711B, an
24 act to amend the Environmental Conservation Law.
25 ACTING PRESIDENT VALESKY: Read the
1909
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect July 1, 2014.
4 ACTING PRESIDENT VALESKY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT VALESKY: Senator
8 Grisanti to explain his vote.
9 SENATOR GRISANTI: Yes, thank you,
10 Mr. President.
11 Like I said, we have in the gallery
12 today -- I want to recognize again we have police
13 officers from Environmental Conservation as well
14 as Parks and Rangers.
15 And that previous bill was very
16 important to them in the fact that it brings them
17 to a standard. You guys may not realize this,
18 but let's say somebody on an application for the
19 police lied to it, they found out about it
20 afterwards. They can't do anything to that
21 person and get them off the force. So they have
22 numerous people that are on this waiting list,
23 some of them have criminal histories, can't even
24 be involved in anything.
25 This legislation actually puts them
1910
1 where they should be. Because all New York State
2 Environmental Conservation Officers, Forest
3 Rangers -- as you know, our police officers, with
4 statewide authority, their codes and conduct
5 standards and training meet or exceed those of
6 municipal police agencies or other state
7 agencies, so their hiring standards and
8 requirements for good moral character should meet
9 or exceed those of other municipal agencies as
10 well.
11 So I appreciate you guys being here,
12 your advocacy on that particular vote.
13 I know we're on the shark fin
14 vote -- because that was a bill two times ago and
15 I had to take a meeting outside.
16 (Laughter.)
17 SENATOR GRISANTI: If you want me
18 to go back, we have police officers in here.
19 That's on Senate Bill 1584 that I'm talking
20 about. I chair the En Con Committee, so I missed
21 that when you guys voted on it. We were doing
22 resolutions for the last two hours.
23 (Laughter.)
24 SENATOR GRISANTI: So now we're on
25 shark fins.
1911
1 Officers, thank you, you can go to
2 your function right now. They do have a
3 function, so I'd suggest everybody go to it.
4 The shark fin bill, very important.
5 (Laughter.)
6 SENATOR GRISANTI: Every year
7 73 million sharks are killed all over the world.
8 It sells for over $400 a pound, and the worst
9 offenders are New York City. I don't know why
10 you guys eat shark fin soup downstate.
11 (Laughter.)
12 SENATOR GRISANTI: You know what I
13 mean? So the point is, on the East Coast, we
14 would be the first state on the East Coast, with
15 Virginia and New Jersey not too far behind,
16 passing this legislation. California,
17 Washington, Oregon, as well as Hawaii, they
18 banned possession of shark fins.
19 It's a practice that is not only
20 killing the sharks for their fins, it's inhumane,
21 and this legislation will prevent this cruel and
22 unsustainable practice.
23 I vote aye, Mr. President. Thank
24 you.
25 ACTING PRESIDENT VALESKY: Senator
1912
1 Grisanti to be recorded in the affirmative.
2 Senator Krueger to explain her vote.
3 SENATOR KRUEGER: Thank you.
4 Well, I was pretty sure we were on
5 the shark fin bill, so I'm glad that Senator
6 Grisanti clarified all that.
7 I stand to thank Senator Grisanti
8 for moving this shark fin bill. I think it is an
9 important bill to pass. I also think in the
10 context of Earth Day, it's important for us to
11 recognize that our behaviors as humans can cause
12 extreme negative impact on animal species, animal
13 species that we need to ensure are there and
14 survive.
15 And that the abuses of taking shark
16 fins, ripping them from the sharks and sometimes
17 throwing the still-alive shark back in the
18 oceans, is cruel and bad environmental
19 stewardship.
20 And yes, we've passed certain laws
21 already in this state, but expanding those laws
22 with this bill that will hopefully pass both
23 houses will ensure that the sale of shark fin
24 products in the State of New York is not allowed
25 and will serve as even more of a deterrent from
1913
1 anyone wanting to continue the very disturbing
2 practices of ripping the shark fins from the
3 sharks and selling only those.
4 So I am very glad that on Earth Day,
5 Earth Week, we are passing this important piece
6 of legislation.
7 Thank you, Mr. President.
8 ACTING PRESIDENT VALESKY: Senator
9 Krueger to be recorded in the affirmative.
10 Senator Hoylman to explain his vote.
11 SENATOR HOYLMAN: Thank you,
12 Mr. President.
13 I just wanted to congratulate my
14 colleague Senator Grisanti on this important bill
15 and join my colleague Senator Krueger in
16 supporting it.
17 You know, 73 million sharks each
18 year are killed for the shark fin trade. And
19 yes, many of those shark fins do end up in places
20 like New York City. In my district alone, I
21 counted at least five restaurants that sell shark
22 fin soup.
23 I encourage my colleagues actually
24 to go to the website of restaurants of the Animal
25 Welfare Institute and determine which restaurants
1914
1 in their locality are serving it. In New York
2 alone, there are 65 restaurants. So I'm so happy
3 that this bill will address that.
4 You know, in addition to the
5 73 million sharks that are killed each year,
6 those are sharks that are in declining numbers.
7 Sharks like hammerhead, sandbar, mako, bull,
8 tiger sharks, they have experienced deadlines in
9 their population of 90 to 99 percent. And this
10 bill will stave that decline.
11 I think sharks have a bad rap among
12 our citizenry. But it will be efforts like this
13 that will help maintain the balance of our oceans
14 and end this terrible trade that serves really no
15 purpose.
16 So thank you very much. And thank
17 you, Senator Grisanti, for this bill.
18 ACTING PRESIDENT VALESKY: Senator
19 Hoylman to be recorded in the affirmative.
20 Senator Boyle to explain his vote.
21 SENATOR BOYLE: Mr. President, as
22 New York State's legislative commissioner for the
23 Atlantic States Marine Fisheries Commission, I'd
24 like to thank my colleague Senator Grisanti for
25 his leadership on this issue and my colleagues
1915
1 for passing this legislation.
2 Shark finning is completely
3 inhumane. Without the fin, the shark cannot
4 swim, it actually sinks to the bottom of the
5 ocean.
6 I urge all of you to go on, besides
7 the website Senator Hoylman was talking about,
8 the restaurants, there's a picture of the shark
9 fins in California or the West Coast showing
10 thousands of shark fins laid out for drying. All
11 those sharks died giving those fins, thousands
12 and thousands of them. It's unbelievable this
13 many sharks were killed just for their fin.
14 We can do better than this. I
15 commend my colleagues for stopping this practice
16 in New York State. Let's end it today. Thank
17 you. I vote in the affirmative.
18 ACTING PRESIDENT VALESKY: Senator
19 Boyle to be recorded in the affirmative.
20 Senator Stavisky to explain her
21 vote.
22 SENATOR STAVISKY: Yes, thank you,
23 Mr. President.
24 Last year -- and I rise to support
25 the bill. But last year my office did a survey
1916
1 of restaurants in Flushing, and we could not find
2 a single restaurant that had shark fin soup on
3 the menu. This may be an underground -- or
4 underwater -- an underground problem, but it's
5 something that we've got to stop, they don't
6 belong on our menus, and I vote aye.
7 ACTING PRESIDENT VALESKY: Senator
8 Stavisky to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT VALESKY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 286, by Senator Zeldin, Senate Print 3823A, an
15 act to amend the Environmental Conservation Law.
16 SENATOR LIBOUS: Lay it aside for
17 the day, please.
18 ACTING PRESIDENT VALESKY: The bill
19 is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 288, by Senator Grisanti, Senate Print 4219, an
22 act to amend Chapter 84 of the Laws of 2010.
23 ACTING PRESIDENT VALESKY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
1917
1 act shall take effect immediately.
2 ACTING PRESIDENT VALESKY: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61. Nays,
6 1. Senator Serrano recorded in the negative.
7 ACTING PRESIDENT VALESKY: The bill
8 is passed.
9 THE SECRETARY: In relation to
10 Calendar 288, those recorded in the negative are
11 Senators Espaillat and Serrano.
12 Ayes, 60. Nays, 2.
13 ACTING PRESIDENT VALESKY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 289, by Senator Zeldin, Senate Print 4220, an act
17 to amend the Environmental Conservation Law.
18 ACTING PRESIDENT VALESKY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays,
1918
1 1. Senator LaValle recorded in the negative.
2 ACTING PRESIDENT VALESKY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 290, by Senator Zeldin, Senate Print 4221, an act
6 to amend the Environmental Conservation Law.
7 ACTING PRESIDENT VALESKY: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT VALESKY: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays,
15 1. Senator LaValle recorded in the negative.
16 ACTING PRESIDENT VALESKY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 291, by Senator LaValle, Senate Print 4222, an
20 act to amend Chapter 366 of the Laws of 2011.
21 ACTING PRESIDENT VALESKY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT VALESKY: Call the
1919
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: In relation to
4 Calendar 291, those recorded in the negative are
5 Senators Espaillat, Perkins and Serrano.
6 Ayes, 59. Nays, 3.
7 ACTING PRESIDENT VALESKY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 292, by Senator Zeldin, Senate Print 4567, an act
11 to amend the Environmental Conservation Law.
12 ACTING PRESIDENT VALESKY: Read the
13 last section.
14 THE SECRETARY: Section 6. This
15 act shall take effect on the 30th day.
16 ACTING PRESIDENT VALESKY: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT VALESKY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 293, by Senator Klein, Senate Print 2367, an act
24 to amend the Education Law.
25 ACTING PRESIDENT VALESKY: Read the
1920
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of September.
4 ACTING PRESIDENT VALESKY: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61. Nays,
8 1. Senator Montgomery recorded in the negative.
9 ACTING PRESIDENT VALESKY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 306, by Senator Grisanti, Senate Print 2075, an
13 act to amend the Executive Law.
14 ACTING PRESIDENT VALESKY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT VALESKY: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT VALESKY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 307, by Senator Maziarz, Senate Print 2522, an
1921
1 act to amend the Public Service Law.
2 ACTING PRESIDENT VALESKY: Read the
3 last section.
4 THE SECRETARY: Section 7. This
5 act shall take effect immediately.
6 ACTING PRESIDENT VALESKY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT VALESKY: Senator
10 Maziarz to explain his vote.
11 SENATOR MAZIARZ: Thank you very
12 much, Mr. President.
13 This is an extremely important bill
14 in the renewable energy system that we have here
15 in New York. This is going to encourage more
16 solar development. It does put in statute the
17 Governor's New York Sun Program. It allocates
18 $146 million a year over the next 10 years for
19 solar initiatives in New York State.
20 But more importantly, I think, the
21 second part of this bill provides tax credits for
22 solar and energy storage manufacturing located
23 here within the State of New York.
24 I think this is a giant leap forward
25 when it comes to the development of solar. It's
1922
1 going to allow New York State to catch up to
2 other northeast states like New Jersey in solar
3 and renewable energy development.
4 This is one of the "superbills"
5 chosen by the environmental advocates, many of
6 the environmental groups here in the New York
7 State. I think it's very fitting that we should
8 do this on the day that we are celebrating
9 Earth Day, the day after Earth Day.
10 And I do want to acknowledge my
11 colleague Senator Grisanti and his staff and also
12 my staff for working with many different groups,
13 business organizations throughout the state, to
14 try to come to some accommodation in legislation
15 that everyone would like and support.
16 So I think this is an excellent
17 bill, and I would encourage my colleagues to join
18 me in supporting it. Thank you.
19 ACTING PRESIDENT VALESKY: Senator
20 Maziarz to be recorded in the affirmative.
21 Senator Gipson to explain his vote.
22 SENATOR GIPSON: Thank you,
23 Mr. President.
24 I just want to thank Senator Maziarz
25 for bringing this bill to the floor. Simply put,
1923
1 this solar bill will create many jobs in New York
2 State. It will reduce the cost of living in
3 New York State. And it will begin to move
4 New York State away from our reliance on fossil
5 fuels.
6 I think it's exactly the kind of
7 creative thinking we need to be doing more of
8 here in the New York State Senate, and I look
9 forward to working with Senator Maziarz and doing
10 more things like this.
11 Thank you. I will be voting yes.
12 ACTING PRESIDENT VALESKY: Senator
13 Gipson to be recorded in the affirmative.
14 Senator Grisanti to explain his
15 vote.
16 SENATOR GRISANTI: Yes, thank you,
17 Mr. President.
18 First of all, I want to commend
19 Senator Maziarz for his hard work as well, and
20 his staff. This comprehensive legislation to me
21 is an environmental superbill, one that I'm
22 pleased to also cosponsor along with him. It
23 solidifies the state commitments for solar
24 energy. It actually goes ahead and extends what
25 Governor Cuomo did by another 10 years, to 2023.
1924
1 And it has the tax credits to allow businesses
2 and other businesses to get involved into the
3 program first of all.
4 We're currently ranked 12th
5 nationally in cumulative installation of solar
6 panels. We're going to do better. This
7 legislation will help us do better.
8 The amount of megawatts that can be
9 done with regards to solar is tremendous. We're
10 talking hundreds of thousands of homes that it
11 could actually power. And solar energy, believe
12 it or not, creates more jobs per single megawatt
13 installed than any other energy source that's
14 available.
15 So these jobs, broad-range education
16 requirements, very, very high-paying quality
17 jobs. I vote aye. It's about time we moved
18 forward on solar energy.
19 Thank you again, Mr. President.
20 ACTING PRESIDENT VALESKY: Senator
21 Grisanti to be recorded in the affirmative.
22 Senator Marcellino to explain his
23 vote.
24 SENATOR MARCELLINO: Yes,
25 Mr. President.
1925
1 And I thank my colleague Senator
2 Maziarz for the work he's done and the leadership
3 he's shown on this extremely important issue.
4 Solar power, like wind power, like all renewable
5 fuels, that's the future. That is the future.
6 And we've got to get involved and we've got to
7 stay involved.
8 This state is moving in the right
9 direction. This source of power has many, many
10 opportunities that are yet untapped. You can put
11 them all over the place. You can put them on
12 roofs, you can put them over parking lots as
13 solar arrays, you can heat your pool with it, you
14 can heat -- you know, it's just the hot water
15 heating in your own home. Pick a use, this stuff
16 can augment it or replace the current burning of
17 fossil fuels.
18 The less use of fossil fuels we
19 have, the cleaner our air, the more independent
20 we are as a nation, more free of our, quote,
21 unquote, friends in the Middle East. We need
22 this form of energy. We need to move ahead with
23 it. We need to bring it here to New York, we
24 need to develop it, we need to manufacture the
25 solar panels, which are now very easy to install
1926
1 and very cheap to get.
2 This is the future, and we ought to
3 be on board. And I thank again Senator Maziarz
4 for his leadership in this very good field. I
5 vote aye.
6 ACTING PRESIDENT VALESKY: Senator
7 Marcellino to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT VALESKY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 310, by Senator Marchione, Senate Print 4080, an
14 act to amend the Executive Law.
15 ACTING PRESIDENT VALESKY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT VALESKY: The bill
24 is passed.
25 Senator Libous.
1927
1 SENATOR LIBOUS: Mr. President, is
2 it true that that's the first bill that Senator
3 Marchione has passed in the house?
4 ACTING PRESIDENT VALESKY: Yes, it
5 is.
6 SENATOR LIBOUS: Congratulations,
7 Senator Marchione.
8 ACTING PRESIDENT VALESKY:
9 Congratulations, Senator Marchione.
10 (Applause.)
11 ACTING PRESIDENT VALESKY: The
12 Secretary will continue to read.
13 THE SECRETARY: Calendar Number
14 383, by Senator Flanagan, Senate Print 1456, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT VALESKY: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of November.
20 ACTING PRESIDENT VALESKY: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60. Nays,
24 2. Senators Montgomery and Perkins recorded in
25 the negative.
1928
1 ACTING PRESIDENT VALESKY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 384, by Senator Grisanti, Senate Print 1721A, an
5 act to amend the Penal Law.
6 ACTING PRESIDENT VALESKY: Read the
7 last section.
8 THE SECRETARY: Section 25. This
9 act shall take effect on the 60th day.
10 ACTING PRESIDENT VALESKY: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT VALESKY: Senator
14 Grisanti to explain his vote.
15 SENATOR GRISANTI: Yes, thank you,
16 Mr. President.
17 You know, Governor Cuomo and this
18 conference has proclaimed April as Child Abuse
19 Prevention Month in New York State. And the bill
20 we're voting on today has passed in the past with
21 unprecedented results. The Assembly just picked
22 up a different sponsor on it. It needs to move
23 forward.
24 The Protect Our Children Act sends a
25 strong message to people who abuse children it's
1929
1 unacceptable and child abusers should be punished
2 to the full extent of the law. This bill will
3 protect children from physical and psychological
4 abuse at the hands of their parents, guardians or
5 persons in a position of trust.
6 And it recognizes the key role law
7 enforcement plays in keeping people safe. Every
8 minute a child is missing places a child in
9 danger. Therefore, there are issues with regard
10 to this bill that will prevent and stop people
11 from not reporting when a child is missing.
12 And further, it has other provisions
13 in there, just like Amanda Wienckowski's Law,
14 about -- because believe it or not, in this state
15 we don't actually have a law where -- if you
16 conceal a body, it's really not a crime. So that
17 is also in here as well.
18 The Protect Our Children Act, as I
19 said, passed the Senate last year. I want to
20 appreciate all those that did that as well.
21 Let's pass it again this year. And I urge you to
22 tell your Assembly members in your districts to
23 move it forward to protect our children on this
24 particular very important issue.
25 I vote aye, Mr. President.
1930
1 ACTING PRESIDENT VALESKY: Senator
2 Grisanti to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 386, by Senator Golden, Senate Print 2180, an act
9 to amend the Penal Law.
10 SENATOR LIBOUS: Lay it aside for
11 the day.
12 ACTING PRESIDENT VALESKY: The bill
13 is laid aside for the day.
14 THE SECRETARY: Calendar Number
15 388, by Senator Klein, Senate Print 2431, an act
16 to amend the Penal Law.
17 ACTING PRESIDENT VALESKY: Read the
18 last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect on the first of November.
21 ACTING PRESIDENT VALESKY: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59. Nays,
25 3. Senators Hassell-Thompson, Montgomery and
1931
1 Perkins recorded in the negative.
2 ACTING PRESIDENT VALESKY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 389, by Senator Lanza, Senate Print 2458, an act
6 to amend the Penal Law.
7 ACTING PRESIDENT VALESKY: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT VALESKY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT VALESKY: Senator
15 Gipson to explain his vote.
16 SENATOR GIPSON: Thank you,
17 Mr. President.
18 You know, my mother always told me
19 that too much of anything is a bad thing, and I
20 think that that saying is something that served
21 me well and served this body well too.
22 You know, crime happens in a cycle
23 of sort of three different things that happen.
24 There's the cause of the crime, there's the
25 crime, and then there's the punishment of the
1932
1 crime.
2 We spend a lot of time in this body
3 coming up with laws that deal with the punishment
4 of the crime. I would like to see us spending
5 more time on laws that deal with the cause of the
6 crime, the prevention of the crime.
7 We have a gang problem, which is
8 what this bill deals with, and we have a drug
9 problem, which is what the previous bill dealt
10 with, because we have a very unaffordable cost of
11 living here in the state, we have a lack of
12 really good jobs, and our poor communities have
13 no access to really good education. That is the
14 root cause of the issues of these crimes that
15 we're passing laws on. And we need to get
16 serious about addressing them.
17 I will be voting yes for this bill.
18 Thank you, Mr. President.
19 ACTING PRESIDENT VALESKY: Senator
20 Gipson to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 389, those recorded in the negative are
24 Senators Hoylman, Krueger, Montgomery, Parker,
25 Rivera, Sanders, Serrano. Also Senator Perkins.
1933
1 Ayes, 54. Nays, 8.
2 ACTING PRESIDENT VALESKY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 390, by Senator O'Mara, Senate Print 3639, an act
6 to amend the Penal Law.
7 ACTING PRESIDENT VALESKY: Read the
8 last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT VALESKY: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT VALESKY: Senator
15 Young to explain her vote.
16 SENATOR YOUNG: Thank you,
17 Mr. President.
18 I rise to commend Senator O'Mara for
19 his leadership in this issue in dealing with
20 methamphetamines. Meth is one of the most
21 addictive, destructive drugs around. It's been a
22 scourge, I know, in the Southern Tier for many
23 years. And so, Senator O'Mara, thank you so much
24 for tackling this issue by increasing penalties.
25 Several years ago in the city of
1934
1 Jamestown, there was a house that was raided by
2 the police. And when the police went upstairs,
3 they found a pot boiling but there wasn't any
4 flame underneath the pot. It was boiling because
5 of the toxic chemicals that were being mixed to
6 create methamphetamine. And the city had to tear
7 down that entire structure because it was so
8 contaminated and it put all the neighborhood at
9 risk.
10 Now there's a new method for cooking
11 meth; it's called the one-pot or the
12 shake-and-bake. And all you have to do is take a
13 two-liter soda bottle -- in my area, they say
14 pop -- a two-liter soda bottle and mix all the
15 ingredients together. And the State Police are
16 telling me they're finding these empty two-liter
17 soda bottles tossed to the side of the road.
18 Again, contaminating the environment but, more
19 importantly, ruining people's lives.
20 So thank you again, Senator O'Mara.
21 And I appreciate all of our colleagues' support
22 on this very important issue. I vote aye.
23 Thank you.
24 ACTING PRESIDENT VALESKY: Senator
25 Young to be recorded in the affirmative.
1935
1 Senator O'Mara to explain his vote.
2 SENATOR O'MARA: Thank you,
3 Mr. President. I rise obviously in support of
4 this bill and urge my colleagues to support this
5 as well.
6 As Senator Young so well
7 articulated, meth continues to be a problem and a
8 scourge across upstate New York, and particularly
9 in the Southern Tier. In fact, right now as we
10 speak, in the city of Elmira the Elmira Police
11 Department, the Elmira Fire Department and hazmat
12 teams are on site with a suspected meth lab
13 within the city of Elmira. This happens on a
14 regular basis throughout my district, and it's
15 something that we need to continue to stay in
16 front of.
17 We have done a lot on meth in recent
18 years here in the Legislature, which has been
19 good, and we need to continue to improve upon
20 that to help our law enforcement officials deal
21 with the tragedies and the very unsafe conditions
22 that are created by these meth labs, to protect
23 our communities. Oftentimes young children are
24 involved in the homes where these meth labs take
25 place.
1936
1 And it's very explosive. Many
2 fertilizer components, anhydrous ammonia, are
3 used in the manufacture of meth. We've seen how
4 dangerous the fertilizers can be, as the example
5 of the fertilizer plant explosion in Texas last
6 week. While on a smaller scale, this material
7 still is extremely explosive and extremely
8 dangerous in our communities, and we need to
9 continue to do all we can to fight against this
10 in our communities.
11 Thank you, Mr. President. I vote in
12 the affirmative.
13 ACTING PRESIDENT VALESKY: Senator
14 O'Mara to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 390, those recorded in the
18 negative are Senators Hassell-Thompson, Krueger,
19 Montgomery, Perkins and Serrano.
20 Ayes, 57. Nays, 5.
21 ACTING PRESIDENT VALESKY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 392, by Senator Gallivan, Senate Print 4342, an
25 act to amend the Correction Law.
1937
1 ACTING PRESIDENT VALESKY: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT VALESKY: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar Number 392, those recorded in the
10 negative are Senators Hassell-Thompson,
11 Montgomery, Parker, Perkins, Sanders and Serrano.
12 Ayes, 56. Nays, 6.
13 ACTING PRESIDENT VALESKY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 394, by Senator Golden, Senate Print 4445A, an
17 act to amend the Penal Law.
18 ACTING PRESIDENT VALESKY: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: In relation to
1938
1 Calendar Number 394, those recorded in the
2 negative are Senators Hassell-Thompson,
3 Montgomery, Parker and Perkins.
4 Ayes, 58. Nays, 4.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 Senator Libous, that completes the
8 reading of today's calendar.
9 SENATOR LIBOUS: Thank you,
10 Mr. President.
11 Is there any further business at the
12 desk?
13 ACTING PRESIDENT VALESKY: The desk
14 is clear.
15 SENATOR LIBOUS: Well, I have some
16 further business, Mr. President.
17 First, I would like to announce an
18 immediate meeting of the Banks Committee in
19 Room 124.
20 But before anybody runs to Room 124
21 and the Banks Committee, I'd like to wish our
22 colleague Senator Gianaris a very happy birthday
23 today. It is his birthday.
24 (Applause.)
25 ACTING PRESIDENT VALESKY: Happy
1939
1 birthday, Senator Gianaris.
2 SENATOR LIBOUS: And now that Mike
3 and I are the same age --
4 (Laughter.)
5 SENATOR LIBOUS: Mr. President,
6 there being no further business at the desk, I
7 move that we adjourn until Wednesday, April 24th,
8 at 11:00 a.m.
9 ACTING PRESIDENT VALESKY: Meeting
10 of the Senate Committee on Banks in Room 124.
11 On motion, the Senate stands
12 adjourned until Wednesday, April 24th, at
13 11:00 a.m.
14 (Whereupon, at 6:01 p.m., the Senate
15 adjourned.)
16
17
18
19
20
21
22
23
24
25