Regular Session - March 24, 2014

                                                                   1066

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 24, 2014

11                     3:46 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1067

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT CARLUCCI:   Today 

 9   we have with us Rabbi Shmuel Butman, from the 

10   Lubavitch Youth Organization in Brooklyn, 

11   New York, to lead us in the invocation.

12                RABBI BUTMAN:   {in Hebrew} 

13                Our Heavenly Father, we ask You to 

14   bestow Your blessings upon all the members of the 

15   New York State Senate.  On the members and on the 

16   members of their family, watch them, keep them, 

17   and bless them with all good things.

18                We are here in honor of the 

19   112th Birthday of the Rebbe.  We are here every 

20   year, and we are happy that you are here together 

21   with us celebrating 112 years of the birth of the 

22   Lubavitcher Rebbe.  

23                In Psalm 112, King David speaks 

24   about people who are God-fearing, and he says 

25   that their reward will be that their children 


                                                               1068

 1   will follow their footsteps.  You are legislating 

 2   laws that will help the education of all 

 3   children.  

 4                The Rebbe was very, very strong 

 5   about education -- not only Jewish education, 

 6   education in general.  Education of the American 

 7   child, of the French child, of the Chinese child, 

 8   of the Arab child.  That every child, the Rebbe 

 9   wanted, should know that there is an Eye that 

10   sees and an Ear that hears and that the world is 

11   not a jungle.  

12                And if we'd adhere to that, 

13   everything in this world would be much better 

14   than it is today.  And with God's help, it will 

15   improve.

16                In 1991 I went to Washington to open 

17   the United States Senate in Washington, which as 

18   I understand is a branch of the Senate of the 

19   State of New York.  And before I went there, I 

20   went to see the Rebbe.  And the Rebbe said to me, 

21   "You should take with you a pushkeh."  A pushkeh 

22   is a charity box.  "And when you are opening with 

23   a prayer the United States Senate, you should 

24   give charity, and everybody should see what you 

25   are doing so that they should know what money 


                                                               1069

 1   should be used for."

 2                It is in that spirit that I'm 

 3   offering a dollar for charity.  And on the dollar 

 4   it says "In God We Trust."  And I would like to 

 5   invite everyone, if you would be kind enough, to 

 6   also put in only one dollar.  I don't want you to 

 7   think that this is a fundraising campaign.  

 8   Otherwise, we would ask you for much more money.  

 9                This is a campaign to do more good 

10   things, goodness and kindness, as the Rebbe 

11   always called it.  

12                I want you to know that in our 

13   prayers in our shuls every Shabbos, every 

14   Saturday, we offer a special prayer for you.  We 

15   say {in Hebrew}, which means all those who serve 

16   the public faithfully, as you do, we ask for a 

17   special prayer for your health, for your success, 

18   and that you should have a lot of success, not 

19   only in the things that you do but also success 

20   in your own personal life.  

21                And as the Rebbe says, we live in a 

22   special generation, the last generation of exile 

23   and the first generation of redemption.  Let us 

24   all be there to witness that great redemption 

25   speedily in our very own days.  


                                                               1070

 1                Thank you.

 2                ACTING PRESIDENT CARLUCCI:   Reading 

 3   of the Journal.

 4                THE SECRETARY:   In Senate, Sunday, 

 5   March 23rd, the Senate met pursuant to 

 6   adjournment.  The Journal of Saturday, 

 7   March 22nd, was read and approved.  On motion, 

 8   Senate adjourned.

 9                ACTING PRESIDENT CARLUCCI:   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 from 

17   state officers.

18                Motions and resolutions.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.

22                Mr. President, I have a number of 

23   motions that I would like to read.  And could we 

24   have just a little -- we appreciate the members 

25   who want to give charity, but we could do with it 


                                                               1071

 1   order.  Thank you.

 2                On behalf of Senator Martins, on 

 3   page 10 I offer the following amendments to 

 4   Calendar Number 125, Senate Print 6424A, and ask 

 5   that said bill retain its place on the Third 

 6   Reading Calendar.

 7                On behalf of Senator Ritchie, on 

 8   page 20 I offer the following amendments to 

 9   Calendar Number 252, Senate Print 6693A, and ask 

10   that said bill retain its place on the Third 

11   Reading Calendar.

12                On behalf of Senator Little, on 

13   page 24 I offer the following amendments to 

14   Calendar Number 306, Senate Print 6588, and ask 

15   that said bill retain its place on the Third 

16   Reading Calendar.

17                On behalf of Senator Marcellino, on 

18   page 24 I offer the following amendments to 

19   Calendar Number 307, Senate Print 1486, and I ask 

20   that said bill retain its place on the Third 

21   Reading Calendar.

22                And on behalf of Senator Martins, on 

23   page 25, Mr. President, I offer the following 

24   amendments to Calendar Number 316, Senate Print 

25   6744, and ask that said bill retain its place on 


                                                               1072

 1   the Third Reading Calendar.

 2                ACTING PRESIDENT CARLUCCI:   So 

 3   ordered.  The amendments are all accepted and the 

 4   bills will retain their place on the Third 

 5   Reading Calendar.  

 6                Senator Libous.

 7                SENATOR LIBOUS:   Mr. President, at 

 8   this time I would call an immediate meeting of 

 9   the Rules Committee in Room 332.  

10                There will be an immediate meeting 

11   of the Rules Committee in Room 332.  And in the 

12   meantime, the Senate will stand at ease.

13                ACTING PRESIDENT CARLUCCI:    

14   There'll be an immediate meeting of the Rules 

15   Committee in Room 332 of the Capitol.  

16                The Senate will stand at ease.

17                (Whereupon, the Senate stood at ease 

18   at 3:52 p.m.)

19                (Whereupon, the Senate reconvened at 

20   4:02 p.m.)

21                ACTING PRESIDENT CARLUCCI:   The 

22   Senate will come to order.

23                Senator Libous.  

24                SENATOR LIBOUS:   Mr. President, may 

25   we return to the reports of standing committees.  


                                                               1073

 1   I believe there's a report of the Rules Committee 

 2   at the desk.

 3                ACTING PRESIDENT CARLUCCI:   Reports 

 4   of standing committees.  

 5                The Secretary will read the report 

 6   of the Rules Committee.

 7                THE SECRETARY:   Senator Skelos, 

 8   from the Committee on Rules, reports the 

 9   following bill direct to third reading:

10                Senate Print 6865, by Senator Ball, 

11   an act to amend the Executive Law.

12                ACTING PRESIDENT CARLUCCI:   Senator 

13   Libous.

14                SENATOR LIBOUS:   At this time, 

15   Mr. President, I move to accept the report of the 

16   Rules Committee.

17                ACTING PRESIDENT CARLUCCI:   All in 

18   favor of accepting the report of the 

19   Rules Committee signify by saying aye.  

20                (Response of "Aye.")

21                ACTING PRESIDENT CARLUCCI:    

22   Opposed, nay.

23                (No response.)

24                ACTING PRESIDENT CARLUCCI:   The 

25   Rules Committee report is accepted.


                                                               1074

 1                Senator Libous.

 2                SENATOR LIBOUS:   At this time could 

 3   we have the reading of the noncontroversial 

 4   calendar, please.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 43, 

 8   by Senator Marchione, Senate Print 5596A, an act 

 9   to amend the Village Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 56.  Nays, 1.  

20   Senator Ball recorded in the negative.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 97, 

24   by Senator Ritchie, Senate Print 4199, an act to 

25   amend the Education Law.


                                                               1075

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   141, by Senator DeFrancisco, Senate Print 3036, 

15   an act to amend the Military Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes --


                                                               1076

 1                SENATOR DeFRANCISCO:   What calendar 

 2   number are we on?

 3                ACTING PRESIDENT CARLUCCI:   

 4   Calendar Number 141.

 5                Announce the result.

 6                SENATOR DeFRANCISCO:   Oh, no --

 7                (Laughter; cross-talk.)

 8                ACTING PRESIDENT CARLUCCI:   Senator 

 9   DeFrancisco.

10                SENATOR LIBOUS:   Could you -- could 

11   you tell us what's going on, Mr. President?  

12                ACTING PRESIDENT CARLUCCI:   Senator 

13   DeFrancisco.

14                SENATOR DeFRANCISCO:   I'd like to 

15   explain my vote.

16                ACTING PRESIDENT CARLUCCI:   To 

17   explain his vote.

18                (Laughter.)

19                SENATOR DeFRANCISCO:   I was 

20   originally going to vote nay, but then I looked 

21   at the sponsor.  And based upon his 

22   recommendations and his eloquent argument that he 

23   had with me shortly thereafter, I'm going to 

24   change my vote to aye.  

25                Thank you.


                                                               1077

 1                (Laughter.)

 2                ACTING PRESIDENT CARLUCCI:   Senator 

 3   DeFrancisco to be recorded in the affirmative.

 4                SENATOR LIBOUS:   -- just like the 

 5   Syracuse basketball team.

 6                (Groans, laughter.)  

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   147, by Senator Golden, Senate Print 1959A, an 

14   act to amend the Insurance Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 9.  This 

18   act shall take effect 270 days after it shall 

19   have become a law.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.  Nays, 1.  

24   Senator DeFrancisco recorded in the negative.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               1078

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   162, by Senator Young, Senate Print 2192, an act 

 4   to amend the Agriculture and Markets Law.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Announce the result.

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   186, by Senator Maziarz, Senate Print 6138, an 

19   act to amend the Public Service Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               1079

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 54.  Nays, 3.  

 5   Senators Carlucci, Hoylman and Squadron recorded 

 6   in the negative.  

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   188, by Senator Savino, Senate Print 6619A, an 

11   act to amend the Public Service Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   196, by Senator Nozzolio, Senate Print 3305, an 


                                                               1080

 1   act to amend the Correction Law.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 55.  Nays, 2.  

12   Senators Hassell-Thompson and Montgomery recorded 

13   in the negative.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   206, by Senator Skelos, Senate Print 1459, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1081

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                Senator Libous, that completes the 

 7   noncontroversial reading of the calendar.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.

10                At this time I believe everybody has 

11   Calendar Number 25A.  If we could have the 

12   noncontroversial reading of the bill on that 

13   calendar.

14                ACTING PRESIDENT CARLUCCI:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   326, by Senator Ball, Senate Print 6865, an act 

18   to amend the Executive Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1082

 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Ball to explain his vote.

 3                SENATOR BALL:   So I -- just 

 4   briefly, this piece of legislation will provide a 

 5   6 percent set-aside.  The federal government has 

 6   a 3 percent set-aside.  Many other states have 

 7   moved forward to provide that 3 percent set-aside 

 8   to businesses owned by our service-disabled 

 9   veterans.  

10                This piece of legislation will be 

11   the first in the nation -- it's a landmark piece 

12   of legislation -- to double the federal 

13   set-aside.  But not only that, it's not 

14   aspirational in nature but it provides an actual 

15   set-aside for authorities in state contracting of 

16   6 percent.  

17                And it should also be clear that 

18   this in no way competes with the Minority and 

19   Women-Owned Business program, which of course is 

20   very successful as well.

21                I want to start by thanking 

22   Senator Skelos in our conference and my partners, 

23   Senator Addabbo, who's here, and many Senators 

24   that have already fought on this piece of 

25   legislation for many years, including 


                                                               1083

 1   Senator Larkin and others.

 2                This is literally decades in the 

 3   making to do the right thing for men and women 

 4   who are real heroes.  A lot of people watch TV 

 5   and they watch these movies and they're 

 6   entertained by the movies, and I know my nephews, 

 7   they go to the movies and see these superheroes.  

 8                These are America's superheroes.  

 9   And each and every one of you today voting yes 

10   and in support of this piece of legislation can 

11   be proud that you know that you've done God's 

12   work.  

13                And it's one thing to shake a 

14   veteran's hand and say "Thank you for your 

15   service," and it's another thing to mean it.

16                I thank the Governor for his 

17   leadership on this.  This has been a heck of a 

18   fight.  And sometimes Albany is considered to be 

19   the land that common sense forgot.  And I know 

20   many of you that do good work, you realize in 

21   Albany how it can be tough to even get good 

22   common-sense things done.  

23                And I thank the Governor for helping 

24   us get this over the finish line and making this 

25   a real set-aside and actually doubling that 


                                                               1084

 1   federal standard.

 2                I also want to thank some of our 

 3   veterans -- Eugene Parrotta, who chairs my 

 4   Veterans Advisory Council; Big Ben Downing, 

 5   Joseph Krulder -- and I look forward to going 

 6   trap shooting with Joe soon -- Carolyn Hulse, 

 7   Caul Quinn, Matt Kuskie, Matt Tully, Bill Nelson, 

 8   and many others.  

 9                You know, when we think about the 

10   fact that less than 1 percent of the population 

11   serves in the United States military -- and I 

12   always talk about my military service.  I was a 

13   former Air Force officer, graduated from the 

14   Air Force Academy in 2001.  And I tell the joke 

15   as many times as I can, that the worst combat I 

16   ever saw was probably at a cocktail party in 

17   Washington, D.C., at 2 o'clock in the morning.  

18                I had a great job.  I enjoyed my 

19   time in the military.  I think about my friends 

20   who continue to serve to this day.  But I was 

21   never on the tip of the spear.  And I do not know 

22   if I ever would have made it out or if I just 

23   would have been a ball of mush and a ball of 

24   tears when confronted with what these superheroes 

25   have been through.  


                                                               1085

 1                Now, we have two combat vets here 

 2   too, Senator Larkin and Senator Lee Zeldin that 

 3   are in this chamber right now.  

 4                But the point is is that we live in 

 5   a country where many of us are disconnected from 

 6   the reality of what it means to serve.  And they 

 7   don't only serve, but their families serve.  

 8                And I know men and women that have 

 9   deployed first, I know female troops that deploy 

10   when their kids are 2 years old, 3 years old.  

11   Imagine leaving your child, who's 3 years old, 

12   for six months and how it tears apart her heart.  

13                I know men and women that have gone 

14   on deployments eight, nine times.  Try to keep a 

15   marriage together.  Try to raise a family 

16   deploying eight or nine times.  

17                And fewer than 1 percent is serving, 

18   and even less are these combat troops that are on 

19   the tip of that spear.  

20                About three years ago I met a man 

21   named Jerry Majetich.  I want to read this to 

22   you.  We all think that we have a bad day because 

23   politics can be tough.  When you hear Jerry's 

24   story, you're going to say "Give me back my 

25   problems."  


                                                               1086

 1                Jerry was deployed to Iraq in March 

 2   of 2005, stationed south of Baghdad in support of 

 3   the 184th.  On October 18, 2005, while traveling 

 4   as the 27th vehicle in a 69-vehicle convoy as 

 5   part of Operation Clean Sweep, he was hit by an 

 6   IED.  His vehicle had a bounty on it.  

 7                The rear half of the vehicle 

 8   disintegrated immediately, killing a member of 

 9   the security detachment who was a friend and 

10   roommate of Jerry's, and the battalion 

11   information officer, also a good friend.  If you 

12   saw a picture of this Humvee and took a look, it 

13   was literally disintegrated.  You wonder how 

14   anybody can make it out of this alive.  

15                The driver's door blew off, and he 

16   was ejected from the vehicle, receiving minor 

17   burns to his right arm and leg.  The gunner was 

18   thrown about 50 feet into a nearby field from the 

19   explosion, shattering his right leg and suffering 

20   second- and third-degree burns on his arm, leg 

21   and lower back.  

22                The propane tank in the IED set the 

23   vehicle on fire, and Jerry was trapped inside, 

24   unable to escape because the door next to him had 

25   been welded closed.  A Navy dog handler, an Air 


                                                               1087

 1   Force UAV pilot, and the captain leading the 

 2   convoy somehow pulled him out.  

 3                While his injuries were being 

 4   treated, the battle fire continued for nearly 

 5   50 minutes.  Because the flames on the vehicle 

 6   were so not, one of the M16 rounds inside the 

 7   vehicle cooked off, flying out to hit Jerry in 

 8   the upper rear of his right leg.  

 9                When it was finally safe for a 

10   medical helicopter to land, Jerry was shot by an 

11   AK47 in the right upper portion of his right leg 

12   as he was being transported by stretcher to it.  

13   He remained in Baghdad for a day because his 

14   condition was so serious medics could not keep 

15   his stabilized.  He was flown to Germany, where 

16   he stayed for two days.  

17                He was then flown back to Brook Army 

18   Medical Center, Fort Sam Houston, on 

19   November 2nd.  He had 35 percent total body 

20   surface third-degree burns and 100 percent face, 

21   neck, and scalp third-degree burns, causing loss 

22   of all hair, both ears, most of his nose and his 

23   vision gone for two months, with the inability to 

24   close either eye for almost three months.  

25                His intestines were ruptured and his 


                                                               1088

 1   stomach bruised, causing the loss of a third of 

 2   his small intestines.  I'm shaking, and I'm not 

 3   going to read the rest of this.  

 4                But to say to my colleagues, thank 

 5   you.  And to this Governor, thank you.  This is 

 6   the single greatest thing, what we're passing 

 7   today, that we can do for these heroes.  

 8                This country does a very good job at 

 9   getting young men and women to raise their right 

10   hand and be willing to fight and die for this 

11   country.  We do a pretty poor job, as a state and 

12   as a country, of helping those veterans 

13   transition back into the civilian workplace.  

14                I told Jerry three years ago that I 

15   would be like a pit bull on a ham bone on this, 

16   and that we would get it done.  And if weren't 

17   for all of you -- this Governor, our leader, and 

18   everybody in this room -- we wouldn't have gotten 

19   it done.  

20                We had a press conference four or 

21   five weeks ago where we had a young vet talking 

22   about his buddy, who committed suicide.  And I 

23   realized, I was told a couple of days later he 

24   was actually talking about my buddy who I met at 

25   Valley Forge Military Academy.  It's a small 


                                                               1089

 1   world.  When you're part of that 1 percent, it's 

 2   an even smaller world.  

 3                This is certainly about jobs, 

 4   there's no doubt about that.  And the good news 

 5   is that vets hire vets.  And this is about 

 6   meaningful employment connecting service-disabled 

 7   veterans and their businesses to hundreds of 

 8   millions of dollars in state contracting.  

 9                But beyond just jobs, it's about 

10   ending the epidemic of veteran suicide, where 

11   we're losing dozens of vets that are committing 

12   suicide every day.  And we're going to save those 

13   vets through meaningful employment.  

14                So to everybody and especially the 

15   staff -- Krista Gobins on my staff, Bob Farley 

16   and others that have done the hero's work of 

17   getting this done -- thank you.  And to each and 

18   every one of you, God bless, and this is a very 

19   good and special day.  

20                So thank you.  

21                ACTING PRESIDENT CARLUCCI:   Thank 

22   you, Senator Ball.

23                Senator Hassell-Thompson.

24                SENATOR HASSELL-THOMPSON:   Thank 

25   you, Mr. Chairman.  


                                                               1090

 1                I rise to raise concerns that I 

 2   have.  And I listened very carefully to the 

 3   impassioned speech that Senator Ball has raised, 

 4   and I am in total agreement with all of it.  But 

 5   I continue to have in this chamber concern about 

 6   process.  

 7                Several months ago when one of my 

 8   other colleagues presented a bill giving a 

 9   percentage of contracts in the state to veterans, 

10   I had suggested at that time that we might want 

11   to not only look at doing a separate allocation 

12   for veterans, but doing it through a disparity 

13   study.  

14                My understanding of law tells me 

15   that the Richmond v. Croson decision said that 

16   you cannot do set-asides, that they are illegal.  

17   And if we're very serious about doing this, I 

18   don't understand how we are suggesting that we do 

19   this in absence of a disparity study that 

20   demonstrates all the things that you have said.

21                We stand in these chambers and we 

22   continue to talk about process.  And I'm not 

23   clear whether we're talking about the 6 percent 

24   in this contract coming out of existing MWBEs, or 

25   is this on top of the 20 percent MWBEs, so that's 


                                                               1091

 1   26 percent?  

 2                None of this is -- you know, you 

 3   talk about all the people in this room who have 

 4   been participatory in helping to put this 

 5   together, but I don't know anyone in the Senate 

 6   Democratic Conference that was consulted.  And as 

 7   someone who has had 35 years of experience in 

 8   doing these kinds of contracts, I would have been 

 9   able to give some assistance to ensure that if 

10   we're going to do this that we don't set 

11   ourselves up for a constitutional setback.

12                So I am deeply concerned that while 

13   I think this is probably, as you said, the most 

14   important thing that we do, I don't want to see 

15   us get pushed back because we have not completed 

16   the process in the proper manner.

17                Thank you, Mr. President.

18                ACTING PRESIDENT CARLUCCI:   Thank 

19   you, Senator Hassell-Thompson.

20                Senator Nozzolio.

21                SENATOR NOZZOLIO:   Thank you, 

22   Mr. President.  I rise in support of this measure 

23   and wish to explain my vote.

24                First and foremost, let me thank 

25   Senator Greg Ball and Senator Dean Skelos for 


                                                               1092

 1   bringing this measure to the floor.  And 

 2   especially Senator Ball, who was I think 

 3   certainly modest in sharing credit for this 

 4   important legislative measure.  

 5                But thank you, Senator Ball, for 

 6   having the courage and the persistence to bring 

 7   this important support mechanism to our veterans 

 8   to now become the law of New York State.  Job 

 9   well done.

10                As a volunteer member of the United 

11   States Naval Reserve and, after that, as a 

12   commander in the Naval Militia of this state, I 

13   certainly enjoyed experiences in those volunteer 

14   capacities.  But as Senator Ball indicated, he 

15   himself and myself have never seen the horrors of 

16   combat.  

17                We are talking about the individuals 

18   that have, that have seen combat, our wounded 

19   warriors.  We owe them the greatest debt.  They 

20   volunteered to defend freedom and democracy for 

21   the United States of America and for other parts 

22   of the world.  

23                Many of them have volunteered to 

24   serve a number of tours of duty in Iraq and 

25   Afghanistan.  Many of them have fought in the 


                                                               1093

 1   most horrendous and horrific conditions known to 

 2   humankind, and many of them are wounded warriors 

 3   who, to paraphrase President Abraham Lincoln, 

 4   demonstrated a clear measure of devotion to these 

 5   United States.

 6                Their scars as they returned home 

 7   are physical.  The wounds are apparent in many 

 8   cases.  Some of them are not apparent, in that 

 9   they suffer from the fatigues of battle and the 

10   mental strains that being in those types of 

11   theaters present.  A number of them have lost 

12   limbs.  

13                This measure helps them, as business 

14   entrepreneurs, get a leg up, get a leg up to be 

15   able to successfully grow their business, expand 

16   their business, become productive members in 

17   New York State of the business community.

18                But let's be clear, Mr. President, 

19   this measure is not about business.  This is 

20   about the families of our veterans.  And the 

21   families who also we owe a a great debt to, the 

22   families that saw their loved one go into harm's 

23   way and returned harmed.  The families are the 

24   beneficiaries of this, and I thank those who 

25   support it.  It's about saying thank you to those 


                                                               1094

 1   who gave so much to defend freedom for all 

 2   Americans.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Nozzolio.

 6                Senator Larkin.

 7                SENATOR LARKIN:   Thank you, 

 8   Mr. President.  

 9                I want to thank Greg Ball.  We joke 

10   a lot about service -- you know, how the 

11   Air Force runs us over and then comes home and 

12   has their cocktails and we have to sit up and 

13   fight.  Greg, this is a home run.  This proves 

14   that we collectively can do something for those 

15   members of the armed forces.  

16                Those young men today rise up, put 

17   up their hand.  I had the pleasure of commanding 

18   combat troops.  I had the pleasure of serving as 

19   a GI.  And I saw some of my friends lose arms and 

20   legs and come home.  It was hell.  In Korea I 

21   commanded a combat unit.  And I saw our troops 

22   come home; many of them, nobody cared.  

23                But this is an opportunity to say 

24   we're not giving you money -- you know, as the 

25   President said, you didn't build that store.  


                                                               1095

 1   They built something, and now they want to move 

 2   it forward.  We've got a chance to say to a 

 3   disabled veteran:  We appreciate what you did for 

 4   our country.  Because if they weren't there, we 

 5   might be speaking Japanese or German in this 

 6   chamber today.  We owe these veterans something.  

 7                I'm damn proud to be a veteran.  I'm 

 8   proud to be an American.  But I'm more proud 

 9   today in saying we stood up for those who stood 

10   up for us.

11                You know, Greg told you the story 

12   about a young man.  There are a lot of stories 

13   out there.  When you think that there's probably 

14   90,000 veterans from World War II in this great 

15   State of New York -- they're not looking for a 

16   handout, they're not looking to be special.  All 

17   they're looking for is an opportunity to prove 

18   that they deserve to be recognized.  They'll hire 

19   other veterans.  

20                You know, anybody who can't vote yes 

21   for this bill today, I want to know where your 

22   loyalty to this country and to this state -- and 

23   more important, to the young veterans who made a 

24   sacrifice.  Just look at some of them in your 

25   home territory -- without a leg, without an arm, 


                                                               1096

 1   without an eye.  They did that for you, for me.  

 2                And now you have a chance to say to 

 3   them:  I recognize what you've done, and I want 

 4   you to know that I support you in your endeavors.  

 5   This is for those who gave something so that we 

 6   would have a better life ourself.

 7                ACTING PRESIDENT CARLUCCI:   Thank 

 8   you, Senator Larkin.

 9                Senator Ranzenhofer.

10                SENATOR RANZENHOFER:   Thank you, 

11   Mr. President.  

12                I'd also like to rise today and 

13   start off and thank and congratulate my colleague 

14   Senator Ball.  I know how hard that he has worked 

15   on this piece of legislation, and he has done an 

16   awesome job in bringing it to the floor today.  

17                I too have had an opportunity to 

18   meet many of these folks who have gone into 

19   combat and come back into our community.  And the 

20   first thing we have to remember is that some of 

21   them don't come back.  But for those that do, 

22   they're not looking for a handout, they're 

23   looking for a little bit of help.  

24                Because while we and our children 

25   and our grandchildren had the luxury of entering 


                                                               1097

 1   the political profession, the teaching 

 2   profession, become lawyers, become plumbers or 

 3   whatever else they've done, they've had the 

 4   opportunity to do that.  

 5                These folks have basically put their 

 6   lives and put their careers on hold, saying we 

 7   are going to serve in the armed forces, we are 

 8   going to protect you.  We're not going to put our 

 9   family first, we're not going to put ourselves 

10   first, we're going to put you first, we're going 

11   to put our country first.

12                And when they come home, when they 

13   come home, they deserve the little bit of 

14   assistance that we are providing them today.  

15   Because while others have had the opportunity to 

16   build their businesses, to grow their companies, 

17   to engage in the marketplace and to have that 

18   advantage which those that serve did not, this is 

19   our opportunity to say thank you and to give them 

20   a little bit of catchup while they have put their 

21   lives on hold.  

22                So to you, Senator Ball, you 

23   understand that problem.  You've been a leader on 

24   this problem.  I thank you.  But this is going to 

25   help constituents in my district.  This is going 


                                                               1098

 1   to help even the score, so to speak, for these 

 2   people who put their lives on hold, come home and 

 3   now we are giving them a little bit of help, 

 4   which they deserve.

 5                So I want to say thank you, this is 

 6   an excellent piece of legislation, and I vote 

 7   yes.

 8                ACTING PRESIDENT CARLUCCI:   Thank 

 9   you, Senator Ranzenhofer.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes.  Senator 

12   Ball, job well done.  This is an outstanding 

13   piece of legislation.  

14                And I wasn't going to speak, but one 

15   of the comments that was made in the discussion 

16   of the basis for people's votes kind of caught me 

17   a little bit.  The concept that we would have to 

18   hold this bill up until a disparity study was 

19   done, otherwise it's going to be 

20   unconstitutional, I don't quite get it.  I 

21   honestly don't quite get it.  

22                The studies that are being referred 

23   to by some of those cases in court are those that 

24   are determining special amounts of numbers of 

25   people of different races, different sexes, to 


                                                               1099

 1   determine whether there's really been a disparity 

 2   between how they were treated in the minority 

 3   class and how others were treated and whether 

 4   there's a justification for singling out a 

 5   certain percentage for a contract or whatever.

 6                Veterans come in all sexes, all 

 7   races, all sizes and all types of backgrounds.  

 8   And to suggest that we have to determine whether 

 9   it's constitutional to award a disabled veteran a 

10   break, when they're the ones who make our 

11   constitution relevant and make it work by 

12   protecting this country and serving this country 

13   on behalf of all of us.

14                So I think there was a misreading of 

15   those cases and it's clearly something that the 

16   Legislature is allowed to do, should have done a 

17   long time ago and, thanks to Senator Ball, are 

18   doing today.

19                Thank you, Mr. President.

20                ACTING PRESIDENT CARLUCCI:   Thank 

21   you, Senator DeFrancisco.

22                Senator Savino.

23                SENATOR SAVINO:   Thank you, 

24   Mr. President.

25                I want to thank Senator Ball and his 


                                                               1100

 1   staff for the work that they've done on this 

 2   bill.  In the 2011-2012 session I was a member of 

 3   the Veterans Committee.  I'm no longer a member 

 4   of Veterans, but during those two years he led 

 5   many hearings around this issue.  

 6                Remember, in 2011 we were still 

 7   reeling from the economic collapse.  We were 

 8   looking at national unemployment numbers that 

 9   were unprecedented.  While they were hovering 

10   around 8 percent for the general population, the 

11   unemployment rate for our returning veterans was 

12   hovering at 14 percent for those who were not 

13   disabled.  That was a national disgrace.  

14                But even worse than that, the 

15   unemployment rate for service-disabled vets was 

16   hovering around 26 percent.  And so we felt we 

17   needed to do something about that, that we had an 

18   obligation to these young men and women to find a 

19   way to close that unemployment gap in a real and 

20   meaningful way.  

21                And we have a history of doing 

22   things like that.  If you look at the Civil 

23   Service merit system, we give service credit, 

24   extra credit for veterans when they take an exam 

25   for a government job in recognition of the fact, 


                                                               1101

 1   as Senator Ranzenhofer said, that they have to 

 2   put their lives on hold, their careers on hold 

 3   while they go and they serve.  

 4                Today's veterans are being deployed 

 5   multiple times, four, five and six times.  This 

 6   is not, you know, Senator Larkin's Army 

 7   anymore -- no offense to Senator Larkin.  This is 

 8   an Army that has been sent out numerous times.

 9                It's also a very different Army in 

10   that many of them have very high levels of 

11   education and training.  It's a technical Army.  

12   Many of them have degrees and they have 

13   expertises in foreign languages, in technology, 

14   in international espionage, international 

15   finance.  So they came home with a real skill set 

16   that is not being utilized.  

17                And so this particular bill that 

18   Senator Ball has been pushing for the past four 

19   years that has gotten the Governor's attention is 

20   in recognition of the fact that we owe these 

21   young men and women a future, we owe them an 

22   equal opportunity, we owe them a leg up, and we 

23   owe them, most importantly, our gratitude.  

24                And we can certainly do that by 

25   giving them an opportunity to compete.  They're 


                                                               1102

 1   not asking for a handout, they are asking for an 

 2   opportunity to compete and get state contracts so 

 3   they can demonstrate the expertise that they 

 4   have.  That's what this bill is about.  

 5                And I think this is a wonderful 

 6   piece of legislation, and I look forward to 

 7   seeing this implemented in the State of New York.  

 8                Congratulations, Senator Ball.

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Savino.

11                Senator Marchione.  

12                SENATOR MARCHIONE:   Thank you, 

13   Mr. President.  

14                First, I certainly would also like 

15   to congratulate Senator Ball and Senator Skelos 

16   and Governor Cuomo on this piece of legislation.  

17   I've only been here just a little over a year, 

18   but I have to tell you that I think this is one 

19   of the if not the most important piece of 

20   legislation that has gone through our body.  

21                You know, it actually and definitely 

22   helps people that we represent all through 

23   New York State -- not certain people, but all 

24   people who served our country who come home 

25   disabled and need some assistance.


                                                               1103

 1                You know, I did some research 

 2   myself.  And these are not disabled companies, 

 3   but veteran-owned companies in New York State 

 4   rank fourth in the number of companies that we 

 5   have in the nation, but they rank 49th in their 

 6   overall gross receipts.  I don't know how many of 

 7   those companies are owned by someone who's 

 8   disabled.  

 9                But I can say that I believe our 

10   veterans, disabled and otherwise, need a leg up, 

11   need us to give a little bit of assistance to 

12   them.  

13                You know, not serving in the 

14   military, I'm one of those people who say to our 

15   veterans:  "Thank you, thank you for serving."  

16   And I mean it from the bottom of my heart.  Or 

17   help to raise gifts to send overseas, you know, 

18   or go to veterans' ceremonies and participate and 

19   say thank you.  And that's all meaningful and all 

20   heartfelt.  

21                But today, it's truly meaningful 

22   where they live, for their families, for 

23   themselves.  I'm just so honored to be here today 

24   to be a member of this body, to vote yes, and to 

25   say thank you, Senator Ball.  


                                                               1104

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Marchione.

 3                Senator Kennedy.

 4                SENATOR KENNEDY:   Thank you, 

 5   Mr. President.

 6                First of all, let me start by 

 7   thanking and congratulating the Senate sponsor of 

 8   this important legislation as well as the 

 9   Governor and both houses in a bipartisan fashion 

10   for coming together to enact this important 

11   legislation.  

12                Our veterans have sacrificed so much 

13   in service to our country and now we have a duty 

14   to serve our veterans and their families.  We 

15   need to make sure veterans receive the benefits 

16   and recognition they deserve, and we have to take 

17   steps to provide our veterans with opportunities 

18   to rejoin our workforce.  

19                A few stats have always frustrated 

20   me.  The unemployment rate for veterans who 

21   have served since 2001 still stands at 9 percent, 

22   considerably higher than the unemployment rate 

23   for the rest of the population, at under 

24   7 percent.  And our youngest veterans, those age 

25   18 to 24, they experience an incredibly high 


                                                               1105

 1   unemployment rate of over 21 percent.  That's 

 2   unacceptable.  

 3                A few years back it's estimated that 

 4   about a thousand veterans of Western New York who 

 5   made the sacrifice to leave their families in 

 6   order to defend our freedom were forced to endure 

 7   the struggle of unemployment when they returned 

 8   home.

 9                With statistics like these, action 

10   is absolutely necessary.  We must do all we can 

11   to support our veterans.

12                This legislation that we're passing 

13   today is another important step in the right 

14   direction.  It's us taking action.  You know, 

15   we're always thanking our veterans.  But you 

16   know, actions speak louder than words.  And this 

17   is us in this Senate chamber and in Albany taking 

18   action to thank our veterans and make sure that 

19   they know that they're a priority for us.

20                By awarding 6 percent of state 

21   contracts to service-disabled veteran-owned small 

22   businesses, we'll provide our veterans with a 

23   more level playing field and allow these 

24   courageous veterans to take advantage of state 

25   business opportunities.  


                                                               1106

 1                Also, the Division of 

 2   Service-Disabled Veterans Business Development 

 3   will provide ongoing opportunities in support of 

 4   veterans who start their own businesses.  Our 

 5   veterans deserve this opportunity.  They came 

 6   from all walks of life to put on the uniform in 

 7   the respective branches of our armed forces and 

 8   risk their lives on behalf of this great country, 

 9   and on behalf of this state and all of our 

10   communities that we represent.

11                When they return home, they should 

12   have access to opportunities to return to 

13   civilian life and not only support themselves and 

14   their families but have opportunities to thrive.

15                We can't thank our veterans enough 

16   for everything they've done for our nation, our 

17   community, and our families.  But we can start by 

18   passing this important legislation to give them 

19   access to more state business opportunities.

20                Thank you, Mr. President.  I vote 

21   aye.

22                ACTING PRESIDENT CARLUCCI:   Thank 

23   you, Senator Kennedy.  

24                Senator Addabbo.

25                SENATOR ADDABBO:   Thank you, 


                                                               1107

 1   Mr. President.  

 2                As ranking member of the 

 3   Veterans Committee, I want to thank Senator and 

 4   Chair Greg Ball and his staff for their 

 5   persistence and tenacity on this issue.  This 

 6   issue didn't come overnight.  We had many 

 7   discussions about this issue.  And I don't think 

 8   there's anybody in this chamber who wouldn't jump 

 9   at the chance to try and help a veteran.  

10                And what we do today is we build 

11   upon what we did last year when we gave 

12   incentives to those who even hire a veteran.  

13                And for those who have some concerns 

14   about possibly losing out on a state contract 

15   because of this piece of legislation, well, if 

16   they lose out on a state contract they lost out 

17   to a veteran, a disabled veteran.  

18                We have identified our veterans as 

19   some people we need to step forward because they 

20   stepped forward to help.  These are disabled 

21   veterans.  We all know of a disabled veteran.  

22   And our state has an obligation, we have an 

23   obligation as elected officials to do what we can 

24   for our veterans.  

25                I am proud to be a supporter of this 


                                                               1108

 1   bill, and I want to thank the Governor for his 

 2   efforts as well, and the chair.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Addabbo.

 6                Senator Diaz.

 7                SENATOR DIAZ:   Thank you, 

 8   Mr. President.  Just a few words to thank 

 9   Senator Ball.  

10                I went to the Army, I joined the 

11   Army in 1960.  And when I came back to 

12   Puerto Rico, there was shame, people abused us.  

13   They did the kind of thing that was Hanoi Jane, a 

14   Jane Fonda atmosphere.  And we didn't feel 

15   welcome when we came back.

16                Now, when I see people like 

17   Senator Ball presenting this legislation, and the 

18   atmosphere, the environment to welcome and to 

19   make those members of the armed forces that give 

20   their life or put their life in danger for our 

21   country, to make them feel welcome and feel 

22   needed and feel appreciated, I have no other 

23   thing but to praise Senator Ball and all of you 

24   guys that remember and that try to do better, a 

25   lot better than what Jane Fonda and her followers 


                                                               1109

 1   did in the '60s.  

 2                Thank you, Mr. President, and I vote 

 3   yes.

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Diaz.

 6                Senator Ritchie.

 7                SENATOR RITCHIE:   Thank you, 

 8   Mr. President.  

 9                I want to start off by saying thank 

10   you to Senator Ball for shepherding this really 

11   remarkable piece of legislation through.  

12                Just a few weeks ago I was at a 

13   deployment ceremony in Fort Drum.  And, you know, 

14   Senator Ball got choked up a little bit reading 

15   that article.  Well, I got choked up a little bit 

16   when I saw the young men and women who were 

17   getting ready to go overseas, knowing that many 

18   may not come back or many may come back with a 

19   severe disability.  

20                And watching them deploy, and having 

21   the sergeant major come up and say that he had 

22   been either in Iraq or Afghanistan 56 months 

23   during his career, it was really a remarkable 

24   commitment.

25                But last week we had Fort Drum Day.  


                                                               1110

 1   And when I went down and looked at the exhibits, 

 2   I know that as we came in there was a mannequin 

 3   there and it was fairly graphic.  Both limbs were 

 4   missing.  And I know for some, I think they were 

 5   a little shocked when they looked at it.  And 

 6   once again, I got pretty choked up when I saw it.  

 7                But I think it was extremely 

 8   important to have that there, because a lot of 

 9   times, you know, out of sight is out of mind.  

10   It's pretty easy for us to say "Thank you for 

11   your service."  But then when you come down and 

12   you look at the young men who are working on the 

13   mannequin to practice so when something happens 

14   out in the field they're able to respond, then 

15   looking at the young soldier who would be laying 

16   there -- you know, that's a pretty big commitment 

17   to every one of us in here, putting your life on 

18   the line every day to protect the country.  

19                And, you know, I'm fortunate to be 

20   able to represent Fort Drum, and it gives me the 

21   opportunity to see on a regular basis all that 

22   they do for, you know, not only New York but for 

23   America.  

24                And, Senator Ball, I just want to 

25   tell you that this means so much to so many of 


                                                               1111

 1   those that I represent.  You know, over the last 

 2   four years we've passed a lot of bills in here 

 3   and hardly a one even comes close to this.  So 

 4   thank you for your commitment.  

 5                I want to thank the leader, thank 

 6   the Governor for everybody working together to 

 7   pass this important piece of legislation.  

 8                Thank you.

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Ritchie.

11                Seeing no other members wishing to 

12   be heard on the bill, the Secretary will announce 

13   the result.

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                Senator Libous.

18                SENATOR LIBOUS:   Mr. President, is 

19   there any further business at the desk?  

20                ACTING PRESIDENT CARLUCCI:   There 

21   is no further business at the desk.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.  

24                There being no further business, I 

25   move that we adjourn until Tuesday, March 25th, 


                                                               1112

 1   at 3:00 p.m.

 2                ACTING PRESIDENT CARLUCCI:   On 

 3   motion, the Senate stands adjourned until 

 4   Tuesday, March 25th, at 3:00 p.m.

 5                (Whereupon, at 4:42 p.m., the Senate 

 6   adjourned.)

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