Regular Session - March 20, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 20, 2014

11                     11:19 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT SAVINO:   The 

 3   Senate will please come to order.

 4                I ask all those present to rise with 

 5   me and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT SAVINO:   In the 

 9   absence of clergy, may we all bow our heads in a 

10   moment of silence.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT SAVINO:   The 

14   reading of the Journal.  

15                The Secretary will read.

16                THE SECRETARY:   In Senate, 

17   Wednesday, March 19th, the Senate met pursuant to 

18   adjournment.  The Journal of Tuesday, March 18th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT SAVINO:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                The Secretary will read.


                                                               1045

 1                THE SECRETARY:   On page 11, 

 2   Senator Bonacic moves to discharge, from the 

 3   Committee on Judiciary, Assembly Bill Number 1185 

 4   and substitute it for the identical Senate Bill 

 5   Number 4952, Third Reading Calendar 81.

 6                ACTING PRESIDENT SAVINO:    

 7   Substitution ordered.

 8                THE SECRETARY:   On page 15, 

 9   Senator Nozzolio moves to discharge, from the 

10   Committee on Codes, Assembly Bill Number 3765A 

11   and substitute it for the identical Senate Bill 

12   Number 4892A, Third Reading Calendar 138.

13                ACTING PRESIDENT SAVINO:    

14   Substitution ordered.

15                Messages from the Governor.

16                Reports of standing committees.

17                Reports of select committees.

18                Communications and reports from 

19   state officers.

20                Motions and resolutions.

21                Senator Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Madam President.  

24                On behalf of Senator LaValle, on 

25   page 26 I offer the following amendments to 


                                                               1046

 1   Calendar Number 280, and it is Senate Print 6790, 

 2   and I ask that the said bill retain its place on 

 3   the Third Reading Calendar.

 4                ACTING PRESIDENT SAVINO:   So 

 5   ordered.

 6                SENATOR LIBOUS:   At this time could 

 7   I move to adopt the Resolution Calendar.

 8                ACTING PRESIDENT SAVINO:   All in 

 9   favor of adopting the Resolution Calendar signify 

10   by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT SAVINO:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT SAVINO:   The 

16   Resolution Calendar is adopted.

17                Senator Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Madam President.  

20                I believe there's a previously 

21   adopted resolution at the desk by 

22   Senator Montgomery.  I believe it's 3338.  Could 

23   we ask that the title be read and call on 

24   Senator Montgomery for comments.

25                ACTING PRESIDENT SAVINO:   The 


                                                               1047

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 3338, by Senator Montgomery, 

 4   commending Adelaide L. Sanford upon the occasion 

 5   of being honored in conjunction with Women's 

 6   History Month 2014 in the State of New York.

 7                ACTING PRESIDENT SAVINO:   Senator 

 8   Montgomery.

 9                SENATOR MONTGOMERY:   Thank you, 

10   Madam President.  

11                I rise again today to honor someone 

12   who is truly an historical person as it relates 

13   to her contributions to children, especially in 

14   the State of New York.  That person is 

15   Dr. Adelaide L. Sanford.  

16                Dr. Adelaide Sanford was born in 

17   Brooklyn.  She attended the Brooklyn College in 

18   Brooklyn, where she received her Bachelor of 

19   Education degree, and she received a Master of 

20   Education degree from Wellesley College and a 

21   Ph.D. in education from Fordham University in the 

22   City of New York.

23                Dr. Sanford has been dedicated to 

24   the education and upliftment of New York's 

25   children all of her professional career.  Her 


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 1   illustrious 35-year career as an educator in the 

 2   City of New York included service as an 

 3   elementary school teacher, a guidance counselor, 

 4   an assistant principal and a principal in 

 5   New York City.

 6                And furthermore, it was as principal 

 7   of the Crispus Attucks School in Brooklyn, which 

 8   is now currently in the 25th Senate District -- 

 9   P.S. 21 -- that she established her reputation 

10   for promoting excellence and achievement in 

11   underserved schools, guiding and gaining citywide 

12   recognition for her schools dramatic improvements 

13   in student achievement, teacher morale, and 

14   gifted programs.

15                I daresay that it was from her 

16   experience as the principal and leader at 

17   Crispus Attucks that a number of current 

18   principals in the Borough of Brooklyn and 

19   throughout our state gained their experience and 

20   their mentoring, through Dr. Sanford. 

21                After her retirement in 1985 as 

22   principal of Crispus Attucks, Dr. Sanford was 

23   elected to two seven-year terms as a member at 

24   large on the New York State Board of Regents.  

25   She also served two three-year terms as the 


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 1   vice chancellor of the Board of Regents in the 

 2   State of New York.

 3                Unwavering in her concern for the 

 4   welfare of New York's most vulnerable children, 

 5   she was chairperson of the Regents Committee on 

 6   Low-Performing Schools and played a pivotal role 

 7   in shaping new educational policies toward 

 8   closing gaps in student performance among 

 9   New York State's schools.

10                Dr. Sanford's positive impact on 

11   educational well-being of children extends beyond 

12   her work on the New York State Board of Regents.  

13   She served as a consultant for the boards of 

14   education in Niagara Falls, in Connecticut, in 

15   Indiana and in New Jersey.  

16                She has worked on several national 

17   committees, including the Advisory Committee on 

18   Multicultural Education for the National 

19   Association of State Boards of Education.  She 

20   served on the board of the Upper Manhattan 

21   Empowerment Zone and played an instrumental role 

22   in creating the John Henrik Clarke meetinghouse.

23                And Dr. Sanford has won numerous 

24   accolades and awards for her outstanding 

25   leadership, her commitment and accomplishment.  


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 1   Her honors include distinguished alumna awards 

 2   from Wellesley College and Brooklyn College as 

 3   well as the Josephine Shaw Lowell Award, the 

 4   Ellen Lurie Award, and the Congressional Black 

 5   Caucus Foundation's Humanitarian Award.

 6                I stand today to honor this woman 

 7   who singularly has influenced policy in this 

 8   state that will forever benefit so many children 

 9   across the state, especially those children in 

10   areas like mine, children who had no voice before 

11   she became a member of the Board of Regents.  

12                So it is with a great deal of pride 

13   that I honor this person who in our history has 

14   meant so much, Dr. Adelaide Sanford, as it 

15   relates to women in the State of New York who 

16   have made invaluable contributions to us, 

17   especially to our children.

18                Thank you, Madam President.

19                ACTING PRESIDENT SAVINO:   Thank 

20   you, Senator Montgomery.

21                Senator Sanders on the resolution.

22                SENATOR SANDERS:   Thank you, 

23   Madam President.  On the resolution.

24                Any day that you honor Dr. Sanford 

25   is a good day.  There are some words that leap 


                                                               1051

 1   out at you when you think of her -- fiery, 

 2   feisty, opinionated, unbending.  This is a person 

 3   who decided that all children can learn, and she 

 4   would have it no other way.

 5                She struggled long and hard in so 

 6   many different fields in so many different ways 

 7   that I'm just glad that this has been brought to 

 8   the floor today.  And it just would not be -- I 

 9   wouldn't be myself if I didn't speak in favor of 

10   a person who has helped shape education in 

11   New York State for the better.

12                Thank you for bringing this to the 

13   floor.

14                ACTING PRESIDENT SAVINO:   Thank 

15   you, Senator Sanders.

16                Are there any other members wishing 

17   to be heard on the resolution?

18                Seeing none, this resolution was 

19   previously adopted on February 4, 2014.

20                Senator Libous.

21                SENATOR LIBOUS:   Can we have the 

22   reading of the noncontroversial calendar, please.

23                ACTING PRESIDENT SAVINO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 81, 


                                                               1052

 1   substituted earlier by Member of the Assembly 

 2   Weinstein, Assembly Print Number 1185, an act to 

 3   amend the Estates, Powers and Trusts Law.

 4                ACTING PRESIDENT SAVINO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT SAVINO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT SAVINO:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 55.

14                ACTING PRESIDENT SAVINO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   138, substituted earlier by Member of the 

18   Assembly Gantt, Assembly Print Number 3765A, an 

19   act to amend the Criminal Procedure Law.

20                ACTING PRESIDENT SAVINO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 30th day.

24                ACTING PRESIDENT SAVINO:   Call the 

25   roll.


                                                               1053

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT SAVINO:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 54.  Nays, 1.  

 5   Senator Krueger recorded in the negative.

 6                ACTING PRESIDENT SAVINO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   160, by Senator Seward, Senate Print 6181, an act 

10   to amend the Public Authorities Law.

11                ACTING PRESIDENT SAVINO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT SAVINO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT SAVINO:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 56.

21                ACTING PRESIDENT SAVINO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   211, by Senator Klein, Senate Print 2253, an act 

25   to amend the Penal Law.


                                                               1054

 1                ACTING PRESIDENT SAVINO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT SAVINO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT SAVINO:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 56.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   258, by Senator Ranzenhofer, Senate Print 2502B, 

15   an act to amend the Education Law.

16                ACTING PRESIDENT SAVINO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of July.

20                ACTING PRESIDENT SAVINO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT SAVINO:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 54.  Nays, 2.  


                                                               1055

 1   Senators Hoylman and Montgomery recorded in the 

 2   negative.

 3                ACTING PRESIDENT SAVINO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   266, by Senator Maziarz, Senate Print 1055, an 

 7   act to amend the Vehicle and Traffic Law.

 8                ACTING PRESIDENT SAVINO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT SAVINO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT SAVINO:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 54.  Nays, 2.  

18   Senators Montgomery and Rivera recorded in the 

19   negative.

20                ACTING PRESIDENT SAVINO:   The bill 

21   is passed.

22                Senator Libous, that completes the 

23   reading of the noncontroversial calendar.

24                SENATOR LIBOUS:   Thank you, 

25   Madam President.  


                                                               1056

 1                Is there any further business at the 

 2   desk?  

 3                ACTING PRESIDENT SAVINO:   There is 

 4   no further business at the desk, Senator Libous.

 5                SENATOR LIBOUS:   Thank you.  

 6                There being no further business, I 

 7   move that the Senate adjourn until Monday, 

 8   March 24th, at 3:00 p.m., intervening days being 

 9   legislative days.

10                ACTING PRESIDENT SAVINO:   The 

11   Senate stands adjourned until Monday, March 24th, 

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

13   days.

14                (Whereupon, at 11:30 a.m., the 

15   Senate adjourned.)

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