Regular Session - March 11, 2014

                                                                   660

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 11, 2014

11                     4:37 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               661

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise and 

 5   join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Reverend Andrew 

11   Nunez, Senior Pastor, Believers Mennonite 

12   Garifuna Ministries in the Bronx.

13                REVEREND NUNEZ:   Praise the Lord.  

14                Let us pray.

15                Eternal God, the Creator of this 

16   universe, we thank You to bring us here today in 

17   one, and in peace and harmony.  

18                We thank You, O God, for the Holy 

19   Spirit that is in our midst.  We ask You, O God, 

20   that You help us with the Holy Spirit, to 

21   acknowledge His presence among us, and that we 

22   will do Your will according to Your wishes.  

23                {In Garifuna.}

24                May God bless Your servant and 

25   honest people.  I say {in Garifuna} amen.


                                                               662

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Reverend, and the Garifuna Ministries.

 3                The reading of the Journal.

 4                THE SECRETARY:   In Senate, Monday, 

 5   March 10th, the Senate met pursuant to 

 6   adjournment.  The Journal of Sunday, March 9th, 

 7   was read and approved.  On motion, Senate 

 8   adjourned.

 9                ACTING PRESIDENT GRIFFO:   Without 

10   objection, the Journal stands approved as read.

11                Presentation of petitions.

12                Messages from the Assembly.

13                Messages from the Governor.

14                Reports of standing committees.

15                Reports of select committees.

16                Communications and reports of state 

17   officers.

18                Motions and resolutions.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  

22                May we please adopt the Resolution 

23   Calendar, with the exception of Resolution 

24   Numbers 3807, 3868, 3859 and 3860.

25                ACTING PRESIDENT GRIFFO:   All in 


                                                               663

 1   favor of adopting the Resolution Calendar, with 

 2   the exception of Resolutions 3807, 3868, 3859 and 

 3   3860, indicate by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed.  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Resolution Calendar is adopted.  

 9                Senator Libous.  

10                SENATOR LIBOUS:   Thank you, 

11   Mr. President.  

12                I believe that Senator Diaz has a 

13   resolution, Number 3807, that is at the desk.  

14   Could we have it read in its entirety and call on 

15   Senator Diaz, and then we'll move for its 

16   immediate adoption.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution 3807, by Senator Diaz, memorializing 

21   Governor Andrew M. Cuomo to declare March 11, 

22   2014, to April 12, 2014, as Garifuna-American 

23   Heritage Month in the State of New York.  

24                "WHEREAS, It is the sense of this 

25   Legislative Body to recognize and pay just 


                                                               664

 1   tribute to the cultural heritage of the ethnic 

 2   groups which comprise and contribute to the 

 3   richness and diversity of the community of the 

 4   State of New York; and 

 5                "WHEREAS, Attendant to such concern, 

 6   and in keeping with its time-honored traditions, 

 7   it is the intent of this Legislative Body to 

 8   applaud and commemorate events which foster 

 9   ethnic pride and exemplify the cultural diversity 

10   that represents and strengthens the spirit of the 

11   people and the State of New York; and 

12                "WHEREAS, This Legislative Body is 

13   justly proud to memorialize Governor Andrew M. 

14   Cuomo to declare March 11, 2014, to April 12,  

15   2014, as Garifuna-American Heritage Month in the 

16   State of New York; and 

17                "WHEREAS, Garifuna-American  

18   Heritage Month celebrates the great contributions 

19   of Garifuna-Americans to the fabric of New York, 

20   and pays tribute to the common culture and bonds 

21   of friendship that united the United States and 

22   the Garifuna countries; and 

23                "WHEREAS, Garifuna-American Heritage  

24   Month affirms the culture, identity and 

25   self-esteem of a people; it celebrates a rich 


                                                               665

 1   heritage and illuminates Garifuna history and 

 2   tradition, as well as the spirit of an 

 3   indomitable people; and 

 4                "WHEREAS, In 1665, two Spanish ships 

 5   wrecked off the coast of Saint Vincent; and 

 6                "WHEREAS, The West African slaves 

 7   that escaped to the island eventually 

 8   intermarried with the Venezuelan Caribs and the 

 9   Arawaks; and 

10                "WHEREAS, The new race of people, 

11   known as the Garifuna, grew strong and prosperous 

12   on the island; and 

13                "WHEREAS, In 1795, the Garifuna 

14   began the Second Carib War against the British;  

15   battles raged throughout Saint Vincent over the 

16   next year, with both sides enduring heavy losses; 

17   and 

18                "WHEREAS, On June 10, 1796, the 

19   final battle commenced with the Garifuna and 

20   British, resulting in the Garifuna's surrender; 

21   and 

22                "WHEREAS, The surviving Caribs were 

23   exiled to the neighboring island of Balliceaux; 

24   and 

25                "WHEREAS, On March 11, 1797, the 


                                                               666

 1   defeated Garifuna were loaded onto a convoy of 

 2   eight vessels and transported to Roatan, 

 3   Honduras, which arrived on April 12th of that 

 4   year; and 

 5                "WHEREAS, The Garifuna began to 

 6   migrate to the United States during the 1930s; 

 7   today, New York City is home to the largest  

 8   Garifuna community outside of Central America; 

 9   and 

10                "WHEREAS, The nurturing and 

11   promotion of Garifuna pride is at the center of 

12   the Garifuna coalition's community organizing  

13   initiative, to create awareness and appreciation 

14   of the Garifuna culture and its contribution to 

15   the culture and society of New York; and 

16                "WHEREAS, On May 18, 2001, the 

17   United Nations Educational, Scientific and 

18   Cultural Organization (UNESCO) proclaimed the  

19   Garifuna language, dance and music as a 

20   'Masterpiece of the Oral and Intangible Heritage 

21   of Humanity'; and 

22                "WHEREAS, Garifuna-American Heritage 

23   Month provides an opportunity to recognize the 

24   significance of their contributions to the 

25   quality and character of life and, through many 


                                                               667

 1   events and activities throughout the month, for 

 2   all people to gain a greater appreciation of 

 3   Garifuna history and traditions and of the role 

 4   Garifuna-Americans have played, and will continue 

 5   to play, in our society; and 

 6                "WHEREAS, In 1823, William Henry 

 7   Brown, the first American playwright of African  

 8   descent, wrote 'The Drama of King Shotaway,' 

 9   recognized as the first black drama of the 

10   American theater, which has as its subject the 

11   1795 Black Caribs' (Garifunas) defense of the  

12   Island of Saint Vincent against colonization by 

13   the British.  Therefore, in its honor, the 

14   New York Garifuna community proudly launches the 

15   Garifuna-American Decennial, 2013-2023; and 

16                "WHEREAS, Today, New Yorkers of 

17   Garifuna heritage such as Sara Logan, Rosemary   

18   Ordonez Jenkins, Mirtha Colon, Eleanor Cecelia 

19   Castillo-Bullock, James Lovell, Rosita Alvarez, 

20   Carlos Gamboa, Paula Castillo, Martin Bermudez 

21   and Jose Francisco Avila, continue to recognize 

22   and honor the cultural practices of their 

23   ancestors; now, therefore, be it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to memorialize 


                                                               668

 1   Governor Andrew M. Cuomo to declare March 11, 

 2   2014, to April 12, 2014, as Garifuna-American 

 3   Heritage Month in the State of New York; and be 

 4   it further 

 5                "RESOLVED, That a copy of this 

 6   resolution, suitably engrossed, be transmitted to 

 7   the Honorable Andrew M. Cuomo, Governor of the  

 8   State of New York."

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Diaz.

11                SENATOR DIAZ:   Thank you, 

12   Mr. President.  

13                Ladies and gentlemen, today is a 

14   great day, it's a very special day.  People, 

15   members of the Garifuna community have traveled 

16   all the way from the Bronx to be here with us 

17   today.  Even though they had to wait a little 

18   longer than expected.  I apologize to them for 

19   the waiting.  

20                But nonetheless, today I'm honored 

21   to be the sponsor of this great resolution and of 

22   the fourth -- this is number four -- the fourth 

23   annual celebration of Garifuna-American Heritage 

24   Month here in this chamber.

25                Today I am honored to have the 


                                                               669

 1   opportunity and privilege granted to me by the 

 2   distinguished leaders of this Senate, the 

 3   Honorable Senator Dean Skelos, the Honorable 

 4   Senator Jeff Klein, the Secretary of the Senate, 

 5   Mr. Frank Patience, and all the members of this 

 6   body that have allowed me to introduce this 

 7   resolution.

 8                I am also honored and privileged to 

 9   have with me many members joining me as 

10   cosponsors of such an important resolution.  I'm 

11   especially honored to have with me, sitting in 

12   this chamber, members of the Bronx Senate 

13   delegation like Senator Marcos Serrano, Senator 

14   Espaillat, soon to leave us, Senator Marcos 

15   Gustavo Rivera.

16                (Laughter.)

17                SENATOR DIAZ:   Who else from the 

18   Bronx here?  All right.  So those of you from the 

19   Bronx, thank you for honoring the Garifuna today.

20                I am also honored, Mr. President, 

21   members of the Senate, ladies and gentlemen, I 

22   would like to welcome the delegation from the 

23   Garifuna community who are sitting in the gallery 

24   over there.  All those members, welcome, welcome 

25   to the chamber.


                                                               670

 1                (Applause.)

 2                SENATOR DIAZ:   Welcome.  Thank you.  

 3   Thank you for being with us today.  

 4                This delegation is presided by 

 5   Mr. Jose Francisco Avila, president of the 

 6   Garifuna Coalition, USA, who has joined us in the 

 7   Senate chamber today, along with Rosemary Ordonez 

 8   Jenkins, Krystalee Blanco, and Sulma Arzu-Brown.

 9                (Applause.)

10                SENATOR DIAZ:   The Reverend Andrew 

11   Nunez, senior pastor of the Believers Mennonite 

12   Garifuna Ministry.

13                (Applause.)

14                SENATOR DIAZ:   Ladies and 

15   gentlemen, it is important for you to know that 

16   the Garifuna community has been an integral part 

17   of New York City and especially of Bronx County 

18   for more than 80 years.

19                The Garifunas have coming to the 

20   United States of America in search of better life 

21   since 1930.  Their vitality, their talent, and 

22   their commitment constitute tremendous resources 

23   for our state and our city.  

24                But, Mr. President and ladies and 

25   gentlemen, fellow Senators, you should know that 


                                                               671

 1   it took a tragic event, a fire, that took the 

 2   life of 87 people for the government institutions 

 3   to start paying attention to this great 

 4   community.  On March 25, 1990, a social club 

 5   known as the Happy Land was set on fire, causing 

 6   the death of many people and inflicting 

 7   tremendous pain and suffering to the rest of the 

 8   Garifuna community throughout the State of 

 9   New York and throughout the world.

10                Today, as the Senator representing 

11   proudly, with honor, representing the 

12   32nd Senatorial District in Bronx County, it is 

13   an honor and privilege for me to have this huge 

14   delegation of Garifuna joining us in the Senate 

15   gallery.  

16                And in closing, Mr. President and 

17   ladies and gentlemen, again I would like to thank 

18   Senator Dean Skelos, Senator Jeff Klein, the 

19   Secretary of the Senate, Mr. Frank Patience, for 

20   allowing me this great honor of celebrating this 

21   historic event here in the New York State Senate 

22   chamber.

23                To you, my colleagues, members of 

24   the Senate and staff, Senator Jeff Klein and I 

25   invite you to join us at 5 p.m. -- I doubt it at 


                                                               672

 1   5:00, but after this is over -- or following the 

 2   session in the Albany Room for a very Garifuna 

 3   celebration.  

 4                And the celebration of 

 5   Garifuna-American heritage will continue this 

 6   Friday, March 14, when 500 members of the 

 7   Garifuna community will join me in the Abrazo 

 8   Garifuna at Maestro's Caterers in the Bronx.  So 

 9   you are all invited.  Come to the Bronx, join us.  

10   Travel to the Bronx and join us this Friday at 

11   7 p.m. in Maestro's Caterers to celebrate the 

12   Abrazo Garifuna, a banquet that I give in their 

13   honor.  

14                In closing, I want to thank the 

15   Garifuna delegation.  Thank you for accepting my 

16   invitation.  "Buiti Achúlurini.  Seremein 

17   Bini-noun búnguío."

18                (Laughter, applause from gallery.) 

19                SENATOR DIAZ:   This is Senator 

20   Ruben Diaz, and this is what you should know.

21                (Laughter.)

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Diaz.

24                Senator Serrano.

25                SENATOR SERRANO:   Thank you very 


                                                               673

 1   much, Mr. President.  

 2                And I rise today to thank the 

 3   Senate, all my colleagues, and especially 

 4   Senator Diaz for once again bringing the 

 5   wonderful Garifuna community all the way up to 

 6   Albany to celebrate the rich cultural heritage 

 7   and the significant accomplishments that this 

 8   community makes on behalf of Bronxites and the 

 9   entire State of New York.

10                And it's quite fitting that we have 

11   such a beautiful day today.  It's warmer than 

12   it's been.  Finally I feel like spring is in the 

13   air.  So it's no mistake that the Garifuna 

14   community came and brought this good weather, 

15   because they are a ray of sunshine themselves.

16                (Applause from gallery.)

17                SENATOR SERRANO:   And if you look 

18   at the history, it's really a very beautiful 

19   history lesson.  

20                If you look at the cultural lineage 

21   of the Garifuna people, a marriage of 

22   cultures from Africa, from the Caribbean, from 

23   South America, and how that is such an important 

24   lesson when we think about the American dream.  

25   How we as Americans embrace that diversity, how 


                                                               674

 1   we as Americans understand that no other place in 

 2   the world but here in America can we celebrate 

 3   that diversity which is so much embodied in the 

 4   people of the Garifuna community.

 5                So I applaud the Garifuna community 

 6   for the work that they've done, the challenges 

 7   that they've all had to overcome in this economy 

 8   and in this city of New York City, and really 

 9   just their steadfastness, their togetherness, and 

10   their love for their culture.  

11                And once again, I thank Senator Diaz 

12   for bringing them here to celebrate.  And I look 

13   forward to, whenever we leave the chamber, to 

14   getting together to celebrate appropriately.  

15                Thank you.

16                (Applause from gallery.)

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Serrano.

19                Senator Rivera.

20                SENATOR RIVERA:   Thank you, 

21   Mr. President.

22                I'm very proud to represent a 

23   district in the Bronx that is incredibly diverse.  

24   I have a large population of Dominicans, as 

25   Adriano Espaillat reminds me.  I have, obviously, 


                                                               675

 1   Puerto Ricans that have lived there for a long 

 2   time.  I have a growing population of 

 3   West Africans as well as a small population of 

 4   Vietnamese.  And once the redistricting happened 

 5   and I went a little bit further south, I was very 

 6   happy to learn that the Garifuna community is now 

 7   a big part of my district.  

 8                And as I got to know them -- and 

 9   certainly I would want to point out Jose 

10   Francisco Avila down here.  And I should also 

11   point out that Jose Francisco has a twin, and 

12   that last year, when he was down here, I saw him 

13   here and then like a minute later I looked up 

14   there and I saw him up there.  And I was 

15   confused.  I'm like, that dude is quick.  He went 

16   from here to there.

17                (Laughter.)

18                SENATOR RIVERA:   But your twin is 

19   not here today, but certainly he's also a 

20   wonderful man.  

21                But Jose Francisco has been a 

22   wonderful friend to me and my staff and has 

23   really helped us to connect with another great 

24   community of the Bronx.  

25                So I definitely thank Senator Diaz 


                                                               676

 1   for bringing this resolution here to the floor, 

 2   because it's a recognition of one of the great 

 3   things that makes the Bronx the Bronx:  All these 

 4   communities coming together, whether it is the 

 5   Dominican, the Puerto Rican, the small 

 6   Vietnamese, as I've mentioned, the Mexican, and 

 7   certainly the Garifuna.

 8                And so I'm very proud to be standing 

 9   here and say welcome to Albany.  And I look 

10   forward to celebrating with you today, and also 

11   back in the Bronx for many years to come.

12                Thank you, Mr. President.

13                (Applause from gallery.)

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Rivera.

16                Senator Espaillat.

17                SENATOR ESPAILLAT:   Thank you, 

18   Mr. President.  

19                I also want to thank Senator Diaz 

20   for bringing this community here once again.  

21                You know, and just like Senator 

22   Gustavo Rivera, I found that Mr. Avila has a twin 

23   brother.  And in my travels to Rhode Island, I 

24   found him there.  And then I came back to 

25   New York and I saw him here, and I thought they 


                                                               677

 1   were following me around the northeast coast.

 2                (Laughter.)

 3                SENATOR ESPAILLAT:  And so welcome, 

 4   Mr. Avila, and the entire Garifuna community.  

 5   And of course your presence here is a testament 

 6   to the African Diaspora.  

 7                And very often when we come to the 

 8   United States, whether we come from Italy, 

 9   whether we come from Spain, Ireland, you know, 

10   anywhere, from any part of the world, as we move 

11   forward, you know, we assimilate and very often 

12   some communities lose their culture and their 

13   heritage and their history.  And that's a 

14   terrible tragedy for New York State, because the 

15   strength of this state is in its diversity.  

16                And the Garifuna community, I think 

17   out of all of the experiences of the African 

18   Diaspora, you have kept that culture alive 

19   perhaps stronger than any other group.  And it is 

20   all over Central America, but it's most 

21   pronounced in the country of Honduras.  And, you 

22   know, that's where you really see the culture, 

23   the music, the folklore, your cuisine.  

24                And when you bring your language 

25   that you keep alive, I think it's important that 


                                                               678

 1   right here in this chamber, Senator Diaz was 

 2   eloquent enough to say a couple of words to you 

 3   in your native language.  It shows that we 

 4   respect you, we respect your culture, we respect 

 5   what you stand for, that you have survived and 

 6   you have maintained what you stand for, alive, 

 7   for you and your children and the future and this 

 8   state, making it better.

 9                So I want to thank you for coming 

10   over.  I will be joining you and Senator Serrano 

11   and Senator Diaz -- whoever would have thunk that 

12   Senator Serrano and Senator Diaz would be 

13   joining in -- the Garifunas bring people 

14   together.  They bring people together.

15                (Laughter.)

16                SENATOR ESPAILLAT:   And so, you 

17   know, I will be joining you in the Albany Room.  

18                And I just want to conclude by 

19   saying {in Garifuna}.

20                (Laughter, applause from gallery.) 

21                ACTING PRESIDENT GRIFFO:   The 

22   question is on the resolution.  All in favor 

23   signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed.  


                                                               679

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   resolution is adopted.  

 4                We welcome the Garifuna community.

 5                (Standing ovation.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Libous.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.

10                When Senator Diaz does a resolution, 

11   it's always quite vibrant and full of life.  

12                Mr. President, I'm going to call an 

13   immediate meeting of the Rules Committee in 

14   Room 332.  I'm going to ask Senator DeFrancisco 

15   to jump in here, and we've got some more 

16   resolutions we'd like to continue to do.  And 

17   then when the Rules Committee comes out, we'll 

18   make some decisions on what we do at that point.  

19                So an immediate meeting of the 

20   Rules Committee in 332.  As quick as members get 

21   there, we can get moving.

22                ACTING PRESIDENT GRIFFO:   There's 

23   an immediate meeting of the Rules Committee in 

24   Room 332.  

25                The Senate will continue in session 


                                                               680

 1   on resolutions.  

 2                Can I have some order in the house.  

 3                Senator DeFrancisco.  

 4                SENATOR DeFRANCISCO:   There is a 

 5   resolution by Senator Farley, Number 3859, at the 

 6   desk.  I ask that the title only be read and ask 

 7   for its immediate adoption and for you to 

 8   recognize Senator Farley.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 3859, by Senator Farley, 

13   recognizing April 13-19, 2014, as National 

14   Library Week.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Farley.

17                SENATOR FARLEY:   This is a 

18   resolution we pass every year, the National 

19   Library Week.  And I want to open it up to the 

20   entire chamber, because normally everybody is on 

21   it.  

22                And with that, I will ask for its 

23   adoption.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Farley.  


                                                               681

 1                The question is on the resolution.  

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GRIFFO:   Opposed.  

 5                (No response.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   resolution is adopted.  

 8                The sponsor has offered it for 

 9   cosponsorship.  So as the practice goes, anyone 

10   who wishes not to be a cosponsor, please notify 

11   the desk.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   There's 

14   another resolution at the desk by Senator Farley, 

15   Number 3860.  I'd ask the same, that the title be 

16   read and ask for its immediate adoption after you 

17   recognize Senator Farley.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator DeFrancisco.

20                The Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution 3860, by Senator Farley, memorializing 

23   Governor Andrew M. Cuomo to proclaim April 17, 

24   2014, as Library Assistants Day in the State of 

25   New York.


                                                               682

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Farley.

 3                SENATOR FARLEY:   Thank you.  

 4                This also, this is very important to 

 5   the library community.  It's one that recognizes 

 6   library assistants.  These are the people that 

 7   make everything happen in the library, and 

 8   they're trying to honor them.  

 9                And again, I would offer this up to 

10   all the members of the chamber if you'd like to 

11   be a cosponsor, and I ask for its immediate 

12   adoption.

13                ACTING PRESIDENT GRIFFO:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed.  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution is adopted.  

21                Senator Farley has opened the 

22   resolution up for cosponsorship.  If anyone seeks 

23   not to be a cosponsor, please notify the desk.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Would you 


                                                               683

 1   please call up Resolution 3807, Senator Diaz's 

 2   resolution, insofar as he also would like to open 

 3   it up for anyone who would like to sponsor it, 

 4   and I'm sure everyone would.  So if you don't 

 5   want to sponsor 3807, please inform the desk.

 6                ACTING PRESIDENT GRIFFO:    

 7   Resolution 3807 is open for cosponsorship.  

 8   Should you choose not to be a cosponsor, please 

 9   notify the desk.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   There's also 

12   a resolution by Senator Kennedy, Number 3868, at 

13   the desk.  I ask that the title be read and ask 

14   for its immediate adoption and that you recognize 

15   Senator Kennedy.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator DeFrancisco.  

18                The Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 3868, by Senator Kennedy, 

21   mourning the death of Rickey Elliott, 

22   distinguished citizen and devoted member of his 

23   community.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Kennedy.


                                                               684

 1                SENATOR KENNEDY:   Thank you, 

 2   Mr. President.

 3                I rise today to pay tribute to a 

 4   great citizen, Rickey Elliott, whose lifework and 

 5   civic endeavors served to enhance the quality of 

 6   life of our community and the great State of 

 7   New York.

 8                Tragically, Rickey Elliott passed 

 9   away on February 20, 2014, at the young age of 

10   39.  Rickey Elliott distinguished himself both in 

11   his professional as well as his personal life, 

12   with sincere dedication and substantial 

13   contributions to the welfare of our community and 

14   to his friends and colleagues in the Healthcare 

15   Workers of 1199, SEIU.  

16                Born in 1975 to Lenora Elliot and 

17   the late Walter Brown, Sr., Mr. Elliott graduated 

18   from John Marshall High School in 1993.  Rickey 

19   Elliott began working for the University of 

20   Rochester in 1994 as a cook and started to become 

21   active in his union.  Rickey quickly proved 

22   himself to be a natural leader, becoming a union 

23   delegate, a member of the contract negotiating 

24   committee, and in 2000 a full-time union 

25   organizer.  


                                                               685

 1                As a testament to his leadership 

 2   abilities, humor and charisma, Rickey Elliott was 

 3   elected to the esteemed position of vice 

 4   president of the Healthcare Workers 1199, SEIU, 

 5   in 2007, where he continued to demonstrate his 

 6   exceptional skills as an organizer of workers far 

 7   and wide.  

 8                Rickey's commitment to excellence 

 9   and his spirit of humanity carried over into all 

10   fields of enterprise, including charitable and 

11   civic endeavors.  A social activist, Rickey was 

12   actively involved in the Stop the Violence 

13   campaign in Rochester, New York.  His legacy as a 

14   movement leader will live on through his 

15   countless organizers and young people he mentored 

16   throughout Western New York and throughout the 

17   entire state.

18                Rickey truly treasured his family, 

19   and he rightfully took a great amount of pride in 

20   his growing family.  I know many members of 

21   Rickey's family are watching today, along with 

22   his brothers and sisters in SEIU 1199.  We send 

23   our thoughts and prayers to all of Rickey's 

24   friends and family as they mourn this loss.  

25                Rickey Elliott leaves behind a 


                                                               686

 1   legacy which will long endure the passage of time 

 2   and will remain as a comforting memory to all he 

 3   served and befriended.  Today we honor him for 

 4   all he did for our community and this great 

 5   State of New York.  

 6                I would ask, Mr. President, that we 

 7   open this resolution up for cosponsorship by the 

 8   Senate.  Thank you.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Kennedy.

11                The question is on the resolution. 

12   All in favor signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT GRIFFO:   Opposed.  

15                (No response.)

16                ACTING PRESIDENT GRIFFO:   The 

17   resolution is adopted.

18                The sponsor has opened the 

19   resolution for cosponsorship.  Should you choose 

20   not to be a cosponsor, please notify the desk.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, we're 

23   going to stand at ease until the Rules Committee 

24   completes their work and then immediately come 

25   back to session for some more work.


                                                               687

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Senate will stand at ease temporarily.

 3                (Whereupon, the Senate stood at ease 

 4   at 5:05 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   5:16 p.m.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senate will come to order.

 9                Senator Libous.

10                SENATOR LIBOUS:   Mr. President, I 

11   believe there's a report of the Rules Committee 

12   at the desk.  Could we have it read at this time.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a report of the Rules Committee before the desk.

15                The Secretary will read.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Skelos, from the Committee on Rules, reports the 

18   following bills direct to third reading:  

19                Senate Print 323, by Senator Avella, 

20   an act to amend the Correction Law; 

21                Senate Print 725, by Senator Avella, 

22   Concurrent Resolution of the Senate and Assembly; 

23                Senate Print 2031A, by Senator 

24   LaValle, an act to amend the Education Law; 

25                Senate Print 6599A, by Senator 


                                                               688

 1   Avella, an act to amend the Education Law;

 2                Senate Print 6671, by Senator 

 3   Flanagan, an act to amend the Education Law; 

 4                Senate Print 6790, by Senator 

 5   LaValle, an act to amend the Education Law; 

 6                And Senate Print 6791, by Senator 

 7   Flanagan, an act to amend the Education Law.

 8                All bills reported direct to third 

 9   reading.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Libous.

12                SENATOR LIBOUS:   Mr. President, I 

13   move to accept the report of the Rules Committee.  

14                ACTING PRESIDENT GRIFFO:   All in 

15   favor of accepting the Rules Committee report 

16   signify by say aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT GRIFFO:   Opposed.  

19                (No response.)

20                ACTING PRESIDENT GRIFFO:   The Rules 

21   Committee report is accepted.

22                Senator Libous.  

23                SENATOR LIBOUS:   Mr. President, at 

24   this time could we do the reading of the 

25   noncontroversial calendar.


                                                               689

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 13, 

 4   by Senator Boyle, Senate Print 6250A, an act to 

 5   amend the General Business Law.

 6                ACTING PRESIDENT GRIFFO:   Can I 

 7   have order in the chamber, please.

 8                Read the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 61, 

18   by Senator Flanagan, Senate Print 1443, an act to 

19   amend the Public Authorities Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               690

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   179, by Senator Ranzenhofer, Senate Print 4322, 

 7   an act to amend the Not-for-Profit Corporation 

 8   Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   181, by Senator Zeldin, Senate Print 4000, an act 

21   to amend the General Business Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect one year after it shall 


                                                               691

 1   have become a law.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.  Nays, 1.  

 6   Senator Montgomery recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   189, by Senator Flanagan, Senate Print 1192, an 

11   act to amend the General Municipal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.  Nays, 2.  

20   Senators Diaz and Espaillat recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   200, by Senator Maziarz, Senate Print 6231, an 


                                                               692

 1   act to amend the Correction Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Senator Libous, that completes the 

13   noncontroversial reading of the calendar.

14                SENATOR LIBOUS:   Thank you, 

15   Mr. President.  

16                I think the members have before them 

17   a supplemental calendar, Number 18A.  At this 

18   time, could we just take up Number 275 on that 

19   calendar.

20                ACTING PRESIDENT GRIFFO:   On 

21   Supplemental Calendar 18A, the Secretary will 

22   read Number 275.

23                THE SECRETARY:   Calendar Number 

24   275, by Senator Avella, Senate Print 323, an act 

25   to amend the Correction Law.


                                                               693

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator Libous.

12                SENATOR LIBOUS:   Mr. President, is 

13   there any other business before the house?  

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Libous, can we return to motions and resolutions.

16                SENATOR LIBOUS:   We could.

17                (Laughter.)

18                SENATOR LIBOUS:   We'll return to 

19   motions and resolutions.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Libous.

22                SENATOR LIBOUS:   Ah.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Libous.

25                SENATOR LIBOUS:   On behalf of 


                                                               694

 1   Senator Zeldin, I move that the following bills 

 2   be discharged from their respective committees 

 3   and be recommitted with instructions to strike 

 4   the enacting clause.  That would be for two 

 5   bills, 5725 and 5836.

 6                ACTING PRESIDENT GRIFFO:   So 

 7   ordered.

 8                Senator Libous.  

 9                SENATOR LIBOUS:   Mr. President, I'm 

10   told that I have to lay aside the rest of 

11   Supplemental -- was it 18A, is that what the 

12   number was?

13                ACTING PRESIDENT GRIFFO:   Correct.

14                SENATOR LIBOUS:   What a mind.  

15                We have to lay that aside for the 

16   day.

17                ACTING PRESIDENT GRIFFO:   The 

18   remainder of Supplemental Calendar 18A will be 

19   laid aside for the day.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Libous.

24                SENATOR LIBOUS:   Mr. President, 

25   there being no further business before the house, 


                                                               695

 1   we will adjourn until Wednesday, March 12th, at 

 2   3:00 p.m.

 3                ACTING PRESIDENT GRIFFO:   As there 

 4   is no further business before the house, on 

 5   motion, Senator Libous, the Senate will stand 

 6   adjourned until Wednesday, March 12th, at 

 7   3:00 p.m. 

 8                The Senate is adjourned.

 9                (Whereupon, at 5:22 p.m., the Senate 

10   adjourned.)

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