Regular Session - March 25, 2014
1113
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 25, 2014
11 4:02 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: 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 MARCELLINO: Today
9 we are honored to have Imam Muhammad Mashhud
10 Iqbal, from the North Bronx Islamic Center, Inc.,
11 in the Bronx, to do the invocation.
12 IMAM IQBAL: Assalamu Alaikum
13 Manittaba-al Huda and thanks to our respectful,
14 distinguished guests and community leaders of the
15 United States.
16 We also thank our organizers and
17 coordinators, the brothers and sisters of this
18 assembly.
19 To begin, I will recite some verses
20 from the Holy Quran from Sura Hajj, Verses Number
21 77 and 78.
22 (Chanting in Arabic.) O you who
23 have believed, bow and prostrate and worship your
24 Lord, and do good deeds -- that you may succeed.
25 And also strive for Allah with the
1115
1 striving due to Him. He has chosen you and he
2 has not placed upon you in the religion any
3 difficulty. {It is} the religion of your father,
4 Abraham. Allah named you "Muslims" before and in
5 this that the Messenger be a witness over you,
6 and you may be a witness over the people.
7 So establish prayer and give zakah
8 and hold fast to the mighty Allah. He is your
9 protector, and excellent is the protector, and
10 excellent is the helper.
11 The month of March is very important
12 for the Bangladeshi nation. This day is
13 celebrated all over Bangladesh and also all over
14 the world. It commemorates the country's
15 declaration of independence on the 26th of March,
16 1971, after the long Liberation War in 1971.
17 This day is a memorial to the deaths
18 of thousands of innocent civilians who died for
19 the Bangladesh Liberation War. We remember them
20 and pray for them. This day is a national
21 holiday in Bangladesh.
22 Thank you so much.
23 ACTING PRESIDENT MARCELLINO: Thank
24 you.
25 Just a brief announcement before we
1116
1 go forward. If there are cellphones in the
2 audience, would you please turn them off, turn
3 them to vibrate or silent mode, whatever, so they
4 don't ring and interrupt the session.
5 May we have the reading of the
6 Journal.
7 THE SECRETARY: In Senate, Monday,
8 March 24th, the Senate met pursuant to
9 adjournment. The Journal of Sunday, March 23rd,
10 was read and approved. On motion, Senate
11 adjourned.
12 ACTING PRESIDENT MARCELLINO:
13 Without objection, the Journal stands approved as
14 read.
15 We have the presentation of
16 petitions.
17 Messages from the Assembly.
18 The Secretary will read.
19 THE SECRETARY: On page 23, Senator
20 Robach moves to discharge, from the Committee on
21 Children and Families, Assembly Bill Number 7025
22 and substitute it for the identical Senate Bill
23 Number 5847, Third Reading Calendar 287.
24 ACTING PRESIDENT MARCELLINO:
25 Substitution ordered.
1117
1 We have messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 On behalf of Senator Zeldin, on
11 page 20 I offer the following amendments to
12 Calendar Number 245, Senate Print 6682, and ask
13 that said bill retain its place on the Third
14 Reading Calendar.
15 ACTING PRESIDENT MARCELLINO: So
16 ordered.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 On behalf of Senator Bonacic, on
20 page 8 I offer the following amendments to
21 Calendar Number 50, Senate Print 876, and ask
22 that said bill retain its place on the Third
23 Reading Calendar.
24 ACTING PRESIDENT MARCELLINO: So
25 ordered.
1118
1 Senator Libous.
2 SENATOR LIBOUS: Thank you,
3 Mr. President.
4 At this time may we please adopt the
5 Resolution Calendar, with the exception of the
6 following resolutions: 4044, 4127, 4134, 4136,
7 4137, 4139, 4175 and 4177.
8 ACTING PRESIDENT MARCELLINO: All
9 in favor of adopting the Resolution Calendar,
10 with the exception of the Resolutions 4044, 4127,
11 4134, 4136, 4137, 4139, 4175 and 4177, signify by
12 saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MARCELLINO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MARCELLINO: The
18 Resolution Calendar is adopted.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 On behalf of I believe Senator
23 Stewart-Cousins, she has a resolution at the
24 desk, Number 4136. Could we please read it in
25 its entirety, and I believe the Senator would
1119
1 like to be called on.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 4136, by Senator Stewart-
6 Cousins, honoring United States Chess Master
7 Joshua Colas for his outstanding national and
8 international accomplishments in the realm of
9 chess.
10 "WHEREAS, It is the sense of this
11 Legislative Body to act, in accord with its
12 long-standing traditions, honoring the youth of
13 today, and leaders of tomorrow, whose character
14 and achievements best exemplify the ideals and
15 values cherished by this great state and nation;
16 and
17 "WHEREAS, Attendant to such concern,
18 and in full accord with its long-standing
19 traditions, this Legislative Body is justly proud
20 to honor United States Chess Master Joshua Colas
21 for his outstanding national and international
22 accomplishments in the realm of chess; in
23 December 2013 he won the National Scholastic
24 Chess Championships in the 10th Grade Division in
25 Orlando, Florida, capturing his sixth national
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1 title; and
2 "WHEREAS, The middle son of Guy and
3 Yanick Colas, Joshua Colas is a sophomore at
4 White Plains High School; he is currently the
5 New York City and New York State Chess Champion;
6 and
7 "WHEREAS, Joshua Colas became
8 interested in chess at the age of seven when his
9 father took him to the World Open chess
10 tournament in Philadelphia, Pennsylvania, and he
11 saw many young children playing the game; he soon
12 got involved with Chess-in-the-Schools; and
13 "WHEREAS, Joshua Colas participated
14 in his first chess tournament in October 2005
15 where the second-grade student finished 10 out of
16 23; by the end of November 2006, he had completed
17 his 100th recorded rated win; and
18 "WHEREAS, This impressive young man
19 continued on his winning path; in December 2008
20 he led his elementary school team in winning the
21 National Team Championship in the 5th Grade
22 Division, and tied for first place in the K6
23 National Blitz Championships at Disney World; and
24 "WHEREAS, In March 2009, Joshua
25 Colas went undefeated and won the Westchester
1121
1 County Chess Championship; he became a certified
2 Chess Expert in May of the same year when his
3 rating surpassed 2000; and
4 "WHEREAS, Joshua Colas's exceptional
5 abilities led him to win the 2009 National Youth
6 Championship in both the K9 section and the K12
7 Blitz section; since 2009, he has been named to
8 the All-American Scholastic Chess Team annually;
9 and
10 "WHEREAS, Joshua Colas became a
11 certified Chess Master in December 2010, the
12 youngest African-American Chess Master in
13 history; and
14 "WHEREAS, Upon winning the
15 prestigious 2012 Susan Polgar World Open in
16 Chicago, Illinois, Joshua Colas was awarded a
17 full scholarship to Webster University in
18 St. Louis, Missouri, the nation's top chess
19 college; and
20 "WHEREAS, Joshua Colas has competed
21 on the world stage, participating in chess
22 tournaments in Trinidad and Tobago, and Canada,
23 and representing the United States as part of
24 Team USA in Greece, Brazil, and Slovenia; in
25 2013, he qualified for the 2013 World Youth Chess
1122
1 Championship in Dubai, United Arab Emirates; and
2 "WHEREAS, Joshua Colas's commitment
3 to excellence is without parallel; awarded the
4 title of Life Master by the United States Chess
5 Federation in 2012, he is determined to become
6 the first American-born black Chess Grandmaster
7 before he graduates from college; and
8 "WHEREAS, Poised eagerly with
9 enthusiasm and determined purpose, Joshua Colas
10 now stands honorably, with just pride in his
11 accomplishments and in eager anticipation of
12 future challenges, understanding and appreciating
13 the caring counsel and support provided by his
14 teachers, coaches and parents; now, therefore, be
15 it
16 "RESOLVED, That this
17 Legislative Body pause in its deliberations to
18 honor United States Chess Master Joshua Colas for
19 his outstanding national and international
20 accomplishments in the realm of chess, and to
21 wish him continued success throughout his school
22 years and beyond; and be it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted to
25 Joshua Colas."
1123
1 ACTING PRESIDENT MARCELLINO:
2 Senator Stewart-Cousins on the resolution.
3 SENATOR STEWART-COUSINS: Thank
4 you, Mr. President.
5 It is certainly an honor for me to
6 present to this chamber today one Joshua Colas,
7 who's here. Joshua, would you stand up?
8 This is the youngest, as you heard
9 in the resolution, the youngest African-American
10 United States Chess Master. He happens to be a
11 resident of the City of White Plains that I am
12 proud, along with Senator Latimer, to represent.
13 Joshua started playing chess at 7.
14 He's joined by his father, Guy, who is the one
15 who introduced him to chess. And Joshua has
16 taken the chess world by storm.
17 Now, he's been tutored and continues
18 to be trained by Ray Ainsworth, who's a volunteer
19 chess coordinator in the White Plains public
20 school system. So it's important to know that
21 this isn't some big chess program that's going on
22 all over, but this is the work of his parents and
23 this volunteer who has created our United States
24 Chess Master.
25 He again, to reiterate, is the
1124
1 champion in New York City as well as the New York
2 State High School Chess Champion. This is number
3 one.
4 Now, he has a won six national
5 championships, and he has played everywhere from
6 Slovenia to Brazil, Dubai to Greece. And he has
7 represented the United States as part of
8 Team USA. He in 2013 was invited by the elite
9 Garry Kasparov Master Chess Camp, where the
10 former World Chess Champion analyzed several of
11 Joshua's games. And at age 13, Joshua completed
12 his 500th career tournament and was awarded the
13 title of Life Master by the U.S. Chess
14 Federation.
15 Joshua is also a normal kid. He
16 likes to play basketball, he plays piano, he
17 place video games. He inspires other youth. He
18 does simultaneous chess simulations where he
19 plays a bunch of people at the same time. Joshua
20 can play without looking at the board. He is
21 faster than most anyone you will ever meet.
22 And although you've heard that he's
23 been given scholarship awards, and certainly from
24 the premier chess college in the nation, Joshua
25 is holding out for M.I.T. because he knows that
1125
1 if he says on his game, he will really achieve
2 his goals.
3 I told Joshua that he's here because
4 we're proud of him, because he's a role model,
5 and because I'm hoping his time here in the
6 Senate with this resolution will further convince
7 M.I.T. that he is their man.
8 Joshua, we are proud of you. We
9 wish you continued success. And we collectively
10 as a state, as a country, can't wait to see your
11 next move.
12 Congratulations.
13 (Applause.)
14 ACTING PRESIDENT MARCELLINO:
15 Congratulations, Joshua, to your parents. We
16 wish you the best. We wish you great success in
17 the future.
18 Just wanted you to know, Joshua,
19 when I played chess, I was the right tackle on
20 the chess team in the school that I played in.
21 (Laughter.)
22 ACTING PRESIDENT MARCELLINO: So
23 we'll have to sit down and put a board down
24 between us.
25 (Laughter.)
1126
1 ACTING PRESIDENT MARCELLINO: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT MARCELLINO:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT MARCELLINO: The
9 resolution is adopted.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, I
12 believe there's a resolution at the desk by
13 Senator Diaz, Number 4139. Could we have it read
14 in its entirety and, Mr. President, I would guess
15 that Senator Diaz might want to make a comment or
16 two.
17 ACTING PRESIDENT MARCELLINO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 4139, by Senator Diaz,
21 celebrating March 26, 2014, as Bangladesh Day.
22 "WHEREAS, March 26th is the national
23 independence day of Bangladesh; this day is
24 celebrated in Bangladesh and also all around the
25 world in honor of its country's Declaration of
1127
1 Independence from Pakistan in the late hours of
2 March 25, 1971, and the start of the Bangladesh
3 Liberation War; and
4 "WHEREAS, This day is also a
5 memorial to the deaths of thousands of students,
6 civilians, political leaders, and unarmed Bengali
7 people; the Bangladesh Liberation War started
8 between West and East Pakistan; and
9 "WHEREAS, West Pakistan believed
10 they were far superior to those in East
11 Pakistan; they gave East Pakistan no privileges;
12 they had a bad economy, and no rights; and
13 "WHEREAS, The first election in the
14 history of Pakistan was held on december 7, 1970;
15 there were 300 seats in the parliament; East
16 Pakistan won 160 seats and West Pakistan won 81
17 seats; instead of handing over the power to the
18 winning party, they imposed martial law on
19 East Pakistan; and
20 "WHEREAS, East Pakistani leader
21 Mr. Sheikh Mujibur Rahman urged the Bengali
22 people to turn their homes into resisting forts;
23 he said, 'Our struggle is for our freedom. Our
24 struggle is for our independence'; this speech is
25 what mainly inspired the nation to fight for
1128
1 freedom; and
2 "WHEREAS, The West Pakistani army
3 sent a military plan known as Operation
4 Searchlight; it was planned to curb the Bengali's
5 movement by taking control of major cities and
6 eliminating all opposition, political or
7 military; and
8 "WHEREAS, At that time, Ziaur Rahman
9 broadcasted a message that the Independent
10 People's Republic of Bangladesh had been
11 established; and
12 "WHEREAS, At this point, March 26,
13 1971, the Bangladesh Liberation War had broken
14 out in the whole country; this was the day the
15 Bengali people stood up to the Pakistani army;
16 and
17 "WHEREAS, After a nine-month-long
18 war, the Pakistani army finally surrendered
19 unconditionally; many lives were lost, but
20 Bangladesh, as a country, gained its freedom, its
21 independence; now, therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to celebrate
24 Bangladesh Day."
25 ACTING PRESIDENT MARCELLINO:
1129
1 Senator Diaz on the resolution.
2 SENATOR DIAZ: Thank you,
3 Mr. President. And thank you, my colleagues, for
4 giving me this opportunity.
5 You should know that today I take
6 this opportunity to express my appreciation and
7 thanks to the leaders of this chamber: the
8 Honorable Senator Dean Skelos, the Honorable
9 Senator Jeffrey Klein, and the Secretary of the
10 Senate, Mr. Frank Patience, together with my
11 leader Andrea Stewart-Cousins -- and to all of
12 you, my colleagues, for granting me the
13 opportunity to introduce this resolution today.
14 It is important for you to know that
15 today this Puerto Rican is proud to be here
16 representing and recognizing the Bangladesh
17 community.
18 As you remember, two weeks ago, on
19 Tuesday, March 11th of this year, I brought close
20 to 100 Garifuna to celebrate Garifuna Heritage
21 Month in these chambers.
22 And today, ladies and gentlemen,
23 today this proud Puerto Rican from a town called
24 Bayamón, with kinky hair and broken English, is
25 proud to be able to sponsor this resolution
1130
1 celebrating Bangladesh Day for the third time
2 here in this New York State Senate chamber.
3 As you can see, Mr. President and
4 colleagues, today we are joined in the Senate
5 gallery by members of the Bangladesh community
6 from the City of New York -- look at them over
7 there, how proud they feel today -- who came here
8 to witness this special day.
9 Several members of the Bangladeshi
10 delegation are joining us here in the chamber,
11 and they are Mr. Ahbab Choqdhury, Mr. Nasir
12 Uddin, Mr. Nazrul Haque, Mr. Noor Uddin,
13 Mrs. Shamimara Begum, Mr. Abdul Hashim,
14 Mr. Shabul Khan, and Imam Muhammad Mashhud Iqbal,
15 who gave the invocation.
16 You all should know, ladies and
17 gentlemen, that as the proclamation read,
18 March 26th is the Bangladesh National
19 Independence Day. This day is celebrated in
20 Bangladesh and also around the world in honor of
21 its country's Declaration of Independence from
22 Pakistani.
23 You should also know, ladies and
24 gentlemen, that it is important that today we
25 commemorate and remember the thousands of people
1131
1 who lost their lives in the Bangladesh Liberation
2 War, a war that started on March 26, 1971. And
3 that was the day that the Bengali people stood up
4 to the Pakistani army.
5 It's also important to know that the
6 first election in the history of Pakistani was
7 held on December 7, 1970. December 7th, ladies
8 and gentlemen, my friends, my colleagues, is a
9 very important day not only for the Bangladesh
10 community, but also in the history of the
11 United States of America. And personally,
12 Mr. President, December 7th is important to me
13 and my family.
14 As I said, December 7th is a very
15 important day for this reason. On December 7,
16 1941, the United States of America was attacked
17 by the Imperial Forces of Japan at Pearl Harbor.
18 On December 7, 1954, my mother passed away. And
19 on December 7, 1970, Pakistan held its first
20 election.
21 Mr. President and ladies and
22 gentlemen, on that Election Day there were
23 300 seats in the parliament. As the resolution
24 reads, East Pakistan won 160 seats and
25 West Pakistan won only 81 seats. But instead of
1132
1 handing over the power to the winning party, they
2 imposed martial law on East Pakistan.
3 The leader of East Pakistani,
4 Mr. Sheikh Mujibur Rahman, urged the Bengali
5 people to turn their homes into resisting forts.
6 He inspired the nation to fight for freedom with
7 the following words: "Our struggle is for our
8 freedom. Our struggle is for our independence."
9 Mr. President and my friends, ladies
10 and gentlemen, by March 26, 1971, the Bangladesh
11 Liberation War had broken out throughout the
12 whole country, and this was the day that the
13 Bengali people stood up to the Pakistani army.
14 You must know that on this important
15 occasion, Ziaur Rahman proclaimed to all the
16 Bangladeshi people that the Independent People's
17 Republic of Bangladesh had been established.
18 You should also know that after nine
19 long months of war, the Pakistani army finally
20 surrendered unconditionally. And though many
21 lives were lost, Bangladesh as a country gained
22 its freedom and independence. And that is why we
23 are here today, to remember the suffering and
24 sacrifice of their heroes and heroines.
25 To conclude, once again I want to
1133
1 acknowledge the delegation of Bangladesh with us
2 today. I would like to express my appreciation
3 to the Bangladesh community that came all the way
4 to Albany. And today I say "As-salamu Alaikum!
5 Dhanno-baad!"
6 (Response from gallery.)
7 SENATOR DIAZ: And to you, ladies
8 and gentlemen, my fellow colleagues Senator Jeff
9 Klein, Assemblyman Marcos Crespo, Assemblyman
10 Luis Sepulveda and myself would like to invite
11 you to a reception in honor of the Bangladesh
12 community today at 5 p.m. in The Well.
13 Mr. President, I am State Senator
14 Ruben Diaz, and this is what you should know.
15 (Applause.)
16 ACTING PRESIDENT MARCELLINO: Thank
17 you, Senator Diaz. I wasn't quite sure.
18 Senator Peralta on the resolution.
19 SENATOR PERALTA: Thank you,
20 Mr. President. I'm Senator Jose Peralta, and
21 I approved this message.
22 (Laughter.)
23 SENATOR PERALTA: In the waning
24 hours of March 25, 1971, Bangladesh declared
25 itself a sovereign nation, forever independent
1134
1 from Pakistani rule.
2 Today we celebrate the 43rd
3 anniversary of Bangladesh independence in honor
4 of the sacrifice of the many thousands who lost
5 their lives in the Bangladesh Liberation War.
6 We also pay tribute to the
7 invaluable contributions made by the Bangladeshis
8 and the Bangladeshi-Americans to this state, this
9 nation, and to the world all over. From politics
10 and the economy to science and technology,
11 Americans of Bangladeshi heritage have enriched
12 our lives and our country. They have
13 strengthened our neighborhoods and our economy
14 through their valuable contributions and customs.
15 I'm extremely fortunate to have one
16 of the world's largest and most active
17 Bangladeshi communities outside of Bangladesh
18 right in the heart of my district in
19 Jackson Heights.
20 By way of this resolution, we extend
21 our best wishes to our Bangladeshi-American
22 friends throughout New York City and across the
23 state in advance of this historic day.
24 Mr. President, would you help me
25 welcome the Bangladeshis. And I too will be
1135
1 participating in today's Bangladeshi event day
2 brought to you by What You Should Know
3 Senator Diaz.
4 Thank you, Mr. President.
5 ACTING PRESIDENT MARCELLINO: Thank
6 you, Senator Peralta.
7 To members of the Bangladesh
8 community, we welcome you to the chamber, we wish
9 you the best, and we hope you have a great day in
10 celebration of the 43rd anniversary of
11 Bangladeshi freedom.
12 Ladies and gentlemen, a round of
13 applause.
14 (Standing ovation.)
15 ACTING PRESIDENT MARCELLINO: The
16 question is on the resolution. All in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT MARCELLINO: All
20 opposed, nay.
21 (No response.)
22 ACTING PRESIDENT MARCELLINO: The
23 resolution is adopted.
24 Senator Libous.
25 SENATOR LIBOUS: Thank you,
1136
1 Mr. President.
2 Mr. President, could you call on
3 Senator Maziarz for the purposes of an
4 announcement, please.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Maziarz for the purposes of an
7 announcement.
8 SENATOR MAZIARZ: Thank you very
9 much, Mr. President. Thank you, Senator Libous.
10 In keeping with the diversity of
11 this great state and our Senate chamber here
12 today, earlier today I held a forum to discuss
13 issues related to peace and justice in the north
14 of Ireland. I was proud to sponsor this forum
15 with my friends from the Ancient Order of
16 Hibernians.
17 I host two AOH divisions in my
18 district, in Lockport and Niagara Falls. And in
19 case you don't know, the AOH is the largest and
20 oldest Irish organization in the United States,
21 with more than 15,000 members just here in
22 New York.
23 The issues we discussed this morning
24 related specifically to ensuring that those
25 people whose families had been victims of
1137
1 state-sponsored violence back in the 1970s and
2 '80s in that part of the world receive proper
3 recognition and reparation from the British
4 government.
5 Today I am proud to be joined on the
6 floor by three civil rights lawyers from Belfast
7 that are fighting for peace and justice still
8 today, and for unity in Ireland each and every
9 day. My guests today are Kevin Winters,
10 Niall Murphy, and Paul Pierce.
11 They have been leaders in the
12 struggle for justice in the courts in
13 Northern Ireland. Nothing is more important than
14 a justice system that works for all of its
15 citizens. I want to thank Kevin, Niall and Paul
16 for being here today and for their good work on
17 these important issues, and welcome them to the
18 State Senate here today.
19 And I think as an additional point
20 of pride for our diversity here that we respect
21 so much in this body, we have Senators with names
22 like O'Mara, Gallivan, Boyle, Kennedy, Hannon,
23 Farley and O'Brien. And introducing these three
24 Irish civil rights lawyers is a Polish guy from
25 North Tonawanda.
1138
1 (Laughter.)
2 SENATOR MAZIARZ: But gentlemen,
3 thank you very much for all the work that you do.
4 Thank you.
5 (Applause.)
6 SENATOR MAZIARZ: Thank you,
7 Mr. President.
8 ACTING PRESIDENT MARCELLINO: And
9 as an Italian State Senator from Long Island, we
10 wish you well and Godspeed.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President,
13 before we go to Senator Little's resolution, I
14 believe Senator Diaz wanted to open up his
15 resolution.
16 And as the house custom goes, if
17 members wish not to be on it, to let the desk
18 know.
19 ACTING PRESIDENT MARCELLINO: It
20 will be done. So ordered.
21 Senator Libous.
22 SENATOR LIBOUS: I believe that
23 there's a resolution by Senator Little,
24 Number 4137, at the desk. I ask that it be read
25 in its entirety and call on Senator Little for
1139
1 comments.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 4137, by Senator Little,
6 memorializing Governor Andrew M. Cuomo to
7 proclaim April 2014 as the Month of the Military
8 Child in the State of New York, in conjunction
9 with the April 15th observance of Purple Up Day.
10 "WHEREAS, It is the sense of this
11 Legislative Body to recognize and pay tribute to
12 those young people within the great Empire State
13 who have made strong contributions to their
14 communities and who serve as role models for
15 their peers; and
16 "WHEREAS, Attendant to such concern,
17 and in full accord with its long-standing
18 traditions, this Legislative Body is justly proud
19 to memorialize Governor Andrew M. Cuomo to
20 proclaim April 2014 as the Month of the Military
21 Child in the State of New York, in conjunction
22 with the April 15th observance of Purple Up Day;
23 and
24 "WHEREAS, The Operation: Military
25 Kids (OMK) partnership is a shared initiative of
1140
1 the United States Army Child, Youth & School
2 (CYS) Services funded by the Army National Guard
3 and Army Reserve to benefit children and youth
4 impacted by deployment by connecting them with
5 local resources in order to achieve a sense of
6 community support and enhance their well-being;
7 and
8 "WHEREAS, This is achieved by
9 increasing awareness of issues faced before,
10 during and after deployment through education;
11 and by creating a network of services and
12 resources available locally for affected military
13 children; and
14 "WHEREAS, New York State is home to
15 three Active Duty Army installations, Fort Drum,
16 West Point, and Fort Hamilton; Fort Drum houses
17 the 10th Mountain Division with five brigades
18 (19,000 soldiers) and is the most deployed Army
19 division in the nation; and
20 "WHEREAS, In addition, there are
21 over 15,000 geographically dispersed
22 National Guard and Reserve Soldiers and nearly
23 43,000 military children living in New York, not
24 on military installations; consequently, the need
25 to provide these geographically dispersed
1141
1 Military Families with meaningful, comprehensive
2 and effective family readiness and care has been
3 identified and is the primary mission of OMK; and
4 "WHEREAS, Military children make up
5 a very special part of our nation's population;
6 although young, these brave sons and daughters
7 stand in steadfast support of their military
8 parents through moves and deployments; to honor
9 their unique contributions and sacrifices on
10 behalf of our country, each April is designated
11 the Month of the Military Child in the United
12 States; and
13 "WHEREAS, During April's Month of
14 the Military Child, the Defense Department
15 recognizes the support provided by and sacrifices
16 made by military children; and
17 "WHEREAS, Since 1983, DOD has
18 recognized military children for the support they
19 provide to their families; there are now
20 1.8 million children in the military system;
21 military children, youth and teens are an
22 integral part of their military parent because
23 they stand by them, they are proud of them, they
24 recognize their sacrifices, and they take on
25 additional responsibilities to meet the needs of
1142
1 their families; and
2 "WHEREAS, In April the United States
3 Armed Forces proudly celebrates the Month of the
4 Military Child, a month-long celebration thanking
5 military children for their service and
6 recognizing them for their strength, sacrifices,
7 and hardships they face daily; and
8 "WHEREAS, Purple is the color which
9 symbolizes all branches of the military; when
10 combined, Army green, Coast Guard blue, Air Force
11 blue, Marine red, and Navy blue, make purple,
12 consequently, April 15th has been adopted as
13 'Purple Up Day'; and
14 "WHEREAS, Military children
15 exemplify the potential inherent in our most
16 precious resource, our youth; they have brought
17 enduring honor to their families and their
18 communities through their many achievements; now,
19 therefore, be it
20 "RESOLVED, That this Legislative
21 Body pause in its deliberations to memorialize
22 Governor Andrew M. Cuomo to proclaim April 2014
23 as the Month of the Military Child in the State
24 of New York, in conjunction with the April 15th
25 observance of Purple Up Day; and be it further
1143
1 "RESOLVED, That a copy of this
2 resolution, suitably engrossed, be transmitted to
3 the Honorable Andrew M. Cuomo, Governor of the
4 State of New York."
5 ACTING PRESIDENT MARCELLINO:
6 Senator Little on the resolution.
7 SENATOR LITTLE: Thank you,
8 Mr. President.
9 It's truly my honor to bring this
10 important resolution to the Senate floor honoring
11 April as the Month of the Military Child.
12 Since 1986, we have separated one
13 month and honored these children with the Month
14 of the Military Child because it was a time to
15 acknowledge the sacrifices of military children
16 and to create awareness of the need for programs
17 and services that support them, and to thank them
18 for their strength and their adaptability.
19 As the mother of an active-duty
20 Navy captain, I've come to understand the
21 uniqueness of military life, the stresses of
22 relocation and deployment, the constant watching
23 of the world wondering where your next duty may
24 call you to.
25 My son David was recently promoted,
1144
1 and he and his family just moved from Colorado to
2 Virginia Beach. My three grandchildren are once
3 again adjusting to new teachers, new school, new
4 friends, new sports activities, and trying to
5 stay involved and get used to the new
6 surroundings.
7 And despite having made this kind of
8 transition four times, it is a challenge.
9 Actually, Matthew, at 7 years old when they moved
10 to Japan, entered his fifth school as a
11 second-grader.
12 Last week we celebrated Fort Drum
13 Day here at the Capitol, and many of the men and
14 women we saw in uniform are also moms and dads
15 who have been deployed, some of them multiple
16 times, or will be deploying in the future.
17 Ten or 20 years ago you wouldn't
18 have seen moms being deployed in the military and
19 leaving their families for six months or a year.
20 But today, for military moms that's actually the
21 norm. And while they're away focusing on the
22 mission, the best we can do is help them have
23 peace of mind that their loved ones back home are
24 being taken care of and truly looked after.
25 Last week we paused and we thanked
1145
1 those soldiers for their dedication and
2 sacrifice. Today we pause to thank military
3 family children for their strength, their
4 sacrifice, and I might add their true resilience
5 to make these changes and the moves that they
6 have to put up with.
7 Many of these children have known
8 only the post-9/11 wartime, and the impact of
9 more than a decade of war has been profound on
10 them and their families. We all can understand
11 their psychological toll.
12 Support for our military is
13 important, and this body has been number-one in
14 supporting our military. But this upcoming month
15 asks to us look a little bit deeper and recognize
16 the importance of supporting those most important
17 to our servicemen and -women so that when they
18 are away, they know their children are having the
19 support, the programs and the care that they
20 deserve.
21 Many of the boys and girls that are
22 joining us today in the gallery are from
23 Fort Drum. I direct your attention to them up in
24 the gallery. And it's interesting because, just
25 yesterday, many soldiers at Fort Drum left for
1146
1 deployment.
2 So it's very timely that we are here
3 recognizing the more than 43,000 children in
4 New York State, children of military families
5 and, most of all, here to say thank you, we would
6 like to help you and do whatever we can to
7 support you as you endure the changes and the
8 moves and the deployments of your parents and
9 being a child in the military.
10 Thank you very much.
11 (Applause.)
12 ACTING PRESIDENT MARCELLINO: On
13 the resolution, Senator Larkin.
14 SENATOR LARKIN: Thank you,
15 Mr. President.
16 When I first saw the resolution
17 proposed by Senator Little, I sat back for a
18 minute and I said "the military child." I have
19 three of them. My oldest one, very proud to be a
20 military child. But she said, "It was not a life
21 I would choose for my own family."
22 My oldest daughter come home
23 bound -- excuse me, Mr. President. She come home
24 like a lot of others did, came to the States, was
25 born on September 10, 1952. A pretty elderly
1147
1 young lady, Betty, isn't she?
2 Eighteen months later she was
3 staying home in Troy, New York, with her mother
4 while her father went to command a company in
5 Germany. Took them nine months to get passage to
6 come over and join Dad.
7 This is one of the big things with
8 military families, as Betty said. They have to
9 be prepared. And you know, it's a hard task on
10 children. But you know, you look at some of them
11 come back to school -- I know the schools my
12 children went to, people would say, "We love to
13 see the military families, because the experience
14 they have, the normal students don't get an
15 opportunity."
16 But just think about it. In
17 12 years a young lady has lived in 14 homes, has
18 been across the pond three times, has lived in
19 eight states. And then they're called Army
20 brats.
21 Am I right up there?
22 (Laughter from gallery.)
23 SENATOR LARKIN: Right? I didn't
24 hear that.
25 (Responses of "Yes" from gallery.)
1148
1 SENATOR LARKIN: See?
2 Most people call them Army brats
3 because they're just a group of young people in
4 our society who sometimes are not appreciated.
5 They're sitting there at home, many of them
6 worrying: Where's Dad? Where's Mom? When is
7 Dad coming home? Mom, is he okay?
8 And the strain on these young kids,
9 you have to understand, it's tough. You don't
10 think so, gather up to Betty or Patty, who deal
11 regularly with this, and they'll be able to tell
12 you what it is like today.
13 I've been retired for a long time,
14 but I live next to West Point. And I see young
15 kids there, and they say: He's going away again,
16 what am I going to do?
17 We need to sit back and think of
18 military families. Military families, starting
19 right with the children, they care about their
20 own family. They worry about their family, where
21 they're going, what they're going to do. It's a
22 tough life.
23 Sometimes they have little incidents
24 that make them very proud of their father. I can
25 cite one. When President Kennedy came to Europe
1149
1 in 1963, they took a lot of the children in
2 grades 5 to 9. They were lined up about it. We
3 were walking -- the President wanted to visit
4 some of the youngsters. One of them he stopped
5 at was my 12-year-old daughter.
6 And the President said: "And what
7 are you doing here today?" And Janet, bright as
8 can be, said, "We're doing a history thing, and
9 we're going to find out about you and what you're
10 doing here." That was great.
11 He turned around to my son and said,
12 "And what are you doing here?" He said the same
13 thing. "And who's taking care of you? Where's
14 mother?" "Mother's taking care of Patty."
15 "Where's your father?" "Mr. President, my dad is
16 right behind you." He turns around and he said,
17 "You don't have a camera, of all times."
18 But those kids remember incidents
19 like that, of a joy of what they did, how they
20 progressed in life as a child in the military.
21 Military children are a blessing to
22 all of us. The sacrifices many of them go
23 through, especially today, with the constant
24 changeover and constant into battles, is
25 something that they'll carry with them all their
1150
1 life.
2 I ask you to say a prayer tonight
3 for those young kids, because they too one day
4 will be the leaders of our country.
5 ACTING PRESIDENT MARCELLINO: Thank
6 you, Senator Larkin.
7 Ladies and gentlemen, to our
8 military children, welcome. Before I do that,
9 Senator Ritchie. She outranks me.
10 Senator Ritchie.
11 SENATOR RITCHIE: I'd just like to
12 welcome you here today. I want to thank your
13 parents for their service, but I also want to
14 thank you for your support and your sacrifice.
15 You know, yesterday I spoke on the
16 point of being at a deployment ceremony at
17 Fort Drum and how difficult it was for me to
18 watch the soldiers get ready to leave. And I
19 can't imagine how difficult it is for all you of
20 you to see your mother or your father going away
21 for many months -- and the fact that many of you
22 have to kind of fill in the spot and make sure
23 that your brothers or your sisters or your
24 remaining parent have the support they need.
25 So I just want to say we're thrilled
1151
1 to have you here today. Thank you for your
2 service, your family sacrifice.
3 And, you know, when I was speaking
4 to a teacher from Carthage, the fact that they
5 told me that 75 percent of the students in their
6 class are different at the beginning of the year
7 than they are at the end of the year. That kind
8 of tells it all, that all of you have to move and
9 go when your parent is relocated. And that's got
10 to be pretty tough, too.
11 So I just want to say welcome to the
12 Capitol today. And once again, thank you for
13 your sacrifice and thank you for supporting your
14 parents when they're protecting our country. And
15 along with what Senator Larkin said, we'll say a
16 prayer for you and say a prayer for your parents.
17 Thank you.
18 ACTING PRESIDENT MARCELLINO: Thank
19 you, Senator Ritchie.
20 Boys and girls, parents in the
21 audience, what she said. Congratulations.
22 Welcome to the house. Safe home.
23 (Standing ovation.)
24 ACTING PRESIDENT MARCELLINO: The
25 question is on the resolution. All in favor
1152
1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MARCELLINO:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MARCELLINO: The
7 ayes have it. The resolution is adopted.
8 Senator Libous.
9 SENATOR LIBOUS: Mr. President,
10 thank you.
11 I believe there's a resolution at
12 the desk by Senator Griffo. It is Number 4134.
13 Could we please have the title read, and I would
14 ask you to call on Senator Griffo for some
15 comments.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will read the title only.
18 THE SECRETARY: Legislative
19 Resolution Number 4134, by Senator Griffo,
20 congratulating the Mohawk Valley-New York State
21 Women's 3-on-3 Basketball Team upon the occasion
22 of winning a Bronze Medal at the National Senior
23 Games in Cleveland, Ohio.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Griffo on the resolution.
1153
1 SENATOR GRIFFO: Thank you,
2 Mr. President.
3 It's really a pleasure for me today
4 to be able to host an outstanding group of ladies
5 who I had the opportunity to meet earlier today.
6 It is March Madness, and the
7 brackets are out there. And perhaps,
8 Senator DeFrancisco, if some of these ladies were
9 on the court with Coach Boeheim we would have had
10 a better result.
11 (Laughter.)
12 SENATOR GRIFFO: I think this is
13 very important because these individuals come
14 from a variety of career paths. They are really
15 fascinating talent, phenomenal personalities, and
16 they have some extraordinary stories.
17 What they have participated in is
18 called the National Senior Games. We here still
19 in the State of New York have the Empire Senior
20 Games. Now these fine ladies -- I call them
21 young ladies, because even though they've
22 qualified for the senior games, they are really
23 extraordinary, talented individuals, athletically
24 and in many other ways in which they have
25 contributed to their community.
1154
1 They hail from a variety of
2 locations across my district and Senator
3 Valesky's and Senator Seward's. They come from a
4 variety of professions. They are involved in
5 interscholastic and collegiate coaching, athletic
6 directors, in the healthcare industry, all of
7 them continually working hard to make our
8 community a better place.
9 I think that they have motivated
10 young people through their leadership that they
11 have inspired by their example, and they are
12 truly role models in service to not only the
13 sports where they have competed, but in other
14 contributions and services throughout our region
15 and our community.
16 The National Senior Games really has
17 an objective of promoting healthy and active
18 lifestyles for adults through education, through
19 fitness, through sports. So it's a great
20 opportunity really to show young people and to
21 really be an example to all of us of a healthy
22 lifestyle, of staying active regardless of how we
23 age and where we are in life. But we can all
24 still continue to do what is right for our
25 ourselves, and as a result we can be a great role
1155
1 model for children and others in our community.
2 They won the Bronze Medal in the
3 National Senior Games in Cleveland. They are
4 wearing their Bronze Medals. I know we have a
5 lot of Olympians here.
6 They may be good in your corner,
7 too, Senator DeFrancisco, because he's going to
8 be in an exhibition very shortly. Well, you
9 always talk about athletic prowess, and we have
10 that in the room today.
11 So I want to welcome Andrea Dziekan,
12 I want to welcome Karen Poole, I want to welcome
13 Linda Ptak, I want to welcome Crystal Bass and
14 Meg Cullinan, who is with us today. All of you,
15 if you'd please stand.
16 Congratulations on that outstanding
17 accomplishment and winning the national Bronze
18 Medal in the 3-on-3 basketball games held in
19 Cleveland. We're also proud of what you did here
20 in New York State at the Empire Senior Games.
21 But most importantly, we thank you
22 for being such great role models for our
23 community and for the young people that surround
24 you on a regular basis. So congratulations, and
25 thank you.
1156
1 (Applause.)
2 ACTING PRESIDENT MARCELLINO:
3 Ladies, on behalf of the Senate, I congratulate
4 you for your achievements. And we welcome you to
5 enjoy your day here in the New York State Senate.
6 Just remember, Senator DeFrancisco
7 is from Syracuse; he has a complex about
8 basketball. I won't go any further than that.
9 (Laughter.)
10 ACTING PRESIDENT MARCELLINO: On
11 the resolution, all who would like to adopt it
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MARCELLINO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MARCELLINO: The
18 ayes have it. The resolution is adopted.
19 Senator Libous.
20 SENATOR LIBOUS: Mr. President, if
21 we were to go back on Senator Little's
22 resolution, she would like to open that up.
23 So if we could open Senator Little's
24 resolution up for all the members of the house.
25 And I believe Senator Griffo wishes the same.
1157
1 So if anyone chooses not to be on
2 either of these resolutions, let the desk know.
3 ACTING PRESIDENT MARCELLINO: That
4 will be so ordered.
5 Senator Libous.
6 SENATOR LIBOUS: I believe there's
7 a resolution by Senator Savino, Number 4177.
8 Please have the title read, and I believe Senator
9 Savino would like to comment on the resolution.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read the title only.
12 THE SECRETARY: Legislative
13 Resolution Number 4177, by Senator Savino,
14 commemorating the 103rd Anniversary of the
15 Triangle Shirtwaist Factory Fire, on March 25,
16 2014.
17 ACTING PRESIDENT MARCELLINO: On
18 the resolution, Senator Savino.
19 SENATOR SAVINO: Thank you,
20 Mr. President.
21 Just about 103 years ago, the City
22 of New York was a booming city in the wake of the
23 Industrial Revolution. Immigrants were coming
24 from all over the world to settle in New York
25 City and go to work in our factories.
1158
1 Unfortunately, those booming
2 conditions brought terrible working conditions
3 for the majority of those workers. Most of the
4 factories in New York were in appalling
5 condition, they were dangerous, there were no
6 safety standards. And there was no industry that
7 was more dangerous for working people than the
8 New York City garment industry.
9 In most of those factories young
10 women, mostly recent immigrants, worked from dawn
11 till dusk. They worked for meager wages, they
12 worked seven days a week. They were overcrowded,
13 they were underventilated. There were no fire
14 escapes, there were no fire safety standards.
15 And the Triangle Shirtwaist Company,
16 which was located on the top three floors of the
17 Asch Building in Senator Hoylman's district, at
18 Greene Street and Washington Place, was one of
19 the largest such factories and the worst of the
20 worst.
21 In late 1909, in response to the
22 deplorable conditions that most of these workers
23 faced, the International Ladies Garment Workers
24 Union led a strike of 20,000 shirtwaist workers
25 in New York City. They called for things like a
1159
1 fair pay raise, a 52-hour work week, overtime
2 pay, fire escapes and open doors at the
3 factories.
4 Despite threats, arrests and
5 violence, the workers stood firm. And by
6 February 1910 most of the factories negotiated a
7 settlement for better pay and better hours. A
8 second strike in July of 1910 led to a voluntary
9 agreement on minimum industry standards on wages,
10 hours, and health and safety.
11 But one of the companies that
12 refused to settle and refused to adopt the
13 voluntary agreement was the Triangle Shirtwaist
14 Company.
15 On a late Saturday afternoon,
16 March 25, 1911, a fire broke out on one of the
17 Triangle's floors at the Asch Building. The fire
18 spread quickly through months of scraps of cloth
19 littered all over the factory. Safety measures
20 to prevent or mitigate fires were inadequate or
21 nonexistent at Triangle. Foremen had locked the
22 doors to keep out union organizers and to prevent
23 workers from being able to go out and take a
24 break.
25 Fire hoses were rotted, valves were
1160
1 rusted closed, and the fire engines that
2 responded from the nearby firehouse could only
3 reach the 6th floor. The small elevator that
4 could have served those workers broke down from
5 the heat and the fire.
6 The passageways were intentionally
7 made narrow so that workers could only go out one
8 at a time so security could make sure they didn't
9 steal any of the scraps of the cloth there -- and
10 they could check their bags to make sure they
11 weren't stealing anything else.
12 There was no escape for many of
13 these workers. And on that fateful day,
14 146 young women died. They either perished in
15 the fire or they jumped to their deaths on the
16 street to avoid the flames.
17 The Triangle Shirtwaist Factory Fire
18 was the most horrific industrial accident in
19 United States history, and it led to a series of
20 changes, some of which came about right here in
21 Albany, when the Factory Investigation Committee
22 was established and Al Smith, who went on to
23 become our Governor, and Robert Wagner, who went
24 on to become a United States Senator and the
25 author of the Wagner Act, and Frances Perkins,
1161
1 who became the first Commissioner of Labor,
2 established basic safety standards for factory
3 workers in New York.
4 It is, I guess, ironic in a way that
5 we also stood here a little while ago and we
6 listened to Senator Diaz and others talk about
7 the Bangladeshi community. Because as we speak,
8 the people of Bangladesh are about to celebrate
9 the one-year anniversary of a tremendous
10 industrial factory accident in Bangladesh, where
11 1100 people burned to death in a garment factory.
12 So the lessons of Triangle, which
13 are as relevant today as they were then, are
14 being replicated across the globe. As we chase
15 the garment industry to low-wage countries where
16 they have no labor standards at all and barely
17 have any human standards, it is very important
18 that we always remember what happened at Triangle
19 and we use the power of our economy and our trade
20 relations to force those kinds of improvements
21 that were forced on the industry here in New York
22 in places like Bangladesh and Vietnam, because
23 that's where the next wave is coming, that's
24 where our clothing is coming from, and that's
25 where the next tragedy could potentially strike.
1162
1 So I want to thank you all for
2 joining me in this resolution.
3 And I would like to make special
4 mention to a former member of the body here who
5 used to speak on this every year and host a
6 commemoration in the lobby of the legislative
7 Office Building, and that was Senator Serphin
8 Maltese, who had an aunt who perished in the
9 Triangle Shirtwaist Company.
10 Thank you.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Hoylman.
13 SENATOR HOYLMAN: Thank you,
14 Mr. President.
15 I wanted to thank Senator Savino for
16 that moving tribute and make note that at the end
17 of the resolution that Senator Savino has
18 submitted are the names and ages of those
19 146 women who perished in 1911 in the
20 Triangle Shirtwaist fire. And if you read those
21 names, Mr. President, you'll see that some of
22 them are as young as 14 years old.
23 And it's important that we pay
24 tribute to them today. It's also important that
25 we acknowledge the significance of the labor
1163
1 movement and how we hopefully will not be made to
2 repeat the past mistakes and make certain that we
3 provide adequate safety provisions and workplace
4 conditions for all workers.
5 Thank you, Mr. President.
6 ACTING PRESIDENT MARCELLINO: On
7 the resolution, all in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MARCELLINO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MARCELLINO: The
14 resolution is adopted.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: The
17 resolution can be opened up to all Senators who
18 want to cosponsor. If you don't want to
19 cosponsor, then let the desk know.
20 ACTING PRESIDENT MARCELLINO: So
21 ordered.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: I believe
24 there's a resolution by Senator Serrano,
25 Number 4044, at the desk. I ask that the title
1164
1 be read and ask for its immediate adoption.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will read the title only.
4 THE SECRETARY: Legislative
5 Resolution Number 4044, by Senator Serrano,
6 memorializing Governor Andrew M. Cuomo to declare
7 8:30 p.m. to 9:30 p.m. on Saturday, March 29,
8 2014, as Earth Hour in the State of New York.
9 ACTING PRESIDENT MARCELLINO: On
10 the resolution, Senator Serrano.
11 SENATOR SERRANO: Thank you very
12 much, Mr. President.
13 And colleagues, I want to thank all
14 of you for once again supporting this resolution
15 that I put forth every year. It is a resolution
16 celebrating and commemorating Earth Hour, which
17 will be happening, as was mentioned, this
18 Saturday, March 29th, between the hour of 8:30
19 and 9:30 p.m.
20 And the concept of Earth Hour is
21 very simple. Basically we ask everyone around
22 the globe to turn off their lights and their
23 electronics for one hour. It may not seem like
24 it's a whole lot, but through the aggregate it is
25 a tremendous load that is being removed as far as
1165
1 power usage and emissions go. And it is a
2 worldwide show of solidarity where people from
3 all walks, from all countries and from all
4 nations join together in unison to take a stand
5 against global climate change.
6 Earth Hour has serious and positive
7 effects. Last year 7,000 cities and towns
8 throughout 144 countries on all seven continents
9 participated in Earth Hour. Even iconic
10 landmarks like the Eiffel Tower in Paris, Big Ben
11 in London, and even our own Empire State
12 Building, flipped the switch and turned their
13 lights off for one hour.
14 And now, through social media
15 platforms such as Twitter and Facebook, there is
16 so much discussion and chatter about Earth Hour.
17 And it is something that people are getting
18 involved in because it is something that everyone
19 can do.
20 So I thank all of my colleagues once
21 again for supporting Earth Hour. And once again
22 I remind all New Yorkers to turn off their lights
23 for one hour this Saturday, March 29th, from 8:30
24 to 9:30 p.m.
25 Thank you, Mr. President.
1166
1 ACTING PRESIDENT MARCELLINO: Thank
2 you, Senator Serrano.
3 The motion is on the resolution.
4 All in favor signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT MARCELLINO:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT MARCELLINO:
10 Hearing no opposed, the resolution is adopted.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: And this also
13 can be opened up to all Senators other than those
14 who choose not to be a cosponsor.
15 ACTING PRESIDENT MARCELLINO: So
16 ordered.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: There is
19 another resolution at the desk, by Senator
20 Hoylman, Number 4127. I ask that the title be
21 read and ask for its immediate adoption.
22 ACTING PRESIDENT MARCELLINO: The
23 Secretary will read the title only.
24 THE SECRETARY: Legislative
25 Resolution Number 4127, by Senator Hoylman,
1167
1 mourning the death of Lee Lorch, distinguished
2 citizen and devoted member of his community.
3 ACTING PRESIDENT MARCELLINO: On
4 the resolution, Senator Hoylman.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 I wanted to rise today to pay
8 tribute to an unsung quiet hero of the civil
9 rights movement who helped correct a historic
10 wrong in my district. His name is Lee Lorch, a
11 man of great courage and conviction who
12 desegregated Manhattan's storied middle-class
13 enclave called Peter Cooper-Stuyvesant Town.
14 He was an accomplished mathematician
15 and professor, but his civil rights activism is
16 his greatest legacy.
17 Mr. Lorch served in the U.S. Army
18 Air Corps in World War II. He returned home then
19 to New York City, which, then as now, has a
20 severe shortage of affordable housing.
21 Fortunately for Mr. Lorch and his family, he
22 succeeded in securing an apartment at Met Life's
23 new Stuyvesant Town complex, which opened in 1947
24 with 35 buildings and 8,759 apartments for
25 middle-class New Yorkers and returning veterans
1168
1 on Manhattan's East Side.
2 But Met Life had a policy barring
3 African-American residents. I should note that
4 Stuyvesant Town had been championed by
5 Robert Moses, who sought to engage insurance
6 companies and saving banks in large-scale slum
7 clearance projects that would be replaced by
8 bastions of middle-class housing.
9 Moses compelled Met Life to develop
10 Stuyvesant Town on Manhattan's East Side, and at
11 the same time a similar complex called Riverton
12 in Harlem, in Senator Perkins' district. The
13 agreements the city entered into with Met Life to
14 facilitate these developments also gave the
15 company the right to discriminate in selecting
16 tenants, with Stuyvesant Town for whites only and
17 Riverton largely serving African-Americans.
18 As a result of Stuy Town's
19 whites-only policy, Mr. Lorch was compelled into
20 action. He became a leader in the campaign to
21 desegregate Stuy Town, joining 11 other residents
22 to form the Town and Village Tenants Committee to
23 End Discrimination. With Mr. Lorch as vice
24 chair, the committee grew to include about 1800
25 residents. The committee petitioned and picketed
1169
1 and became a robust and influential voice in the
2 community.
3 Mr. Lorch practiced what he
4 preached, allowing an African-American family,
5 Hardine and Raphael Hendrix and their son, to
6 stay in his apartment for a school year while he
7 was away teaching at Penn State. Previously this
8 family had been in a squalid apartment elsewhere.
9 Finally, in 1950, as a result of
10 mounting political and economic pressure that
11 Mr. Lorch and the committee helped generate,
12 Met Life gave in and discontinued its
13 discriminatory practice barring African-American
14 residents.
15 However, Met Life moved to evict
16 Mr. Lorch and other tenant leaders and their
17 families. The company eventually backed down,
18 but as part of a settlement Mr. Lorch was among a
19 handful of committee members who agreed to leave
20 the complex voluntarily.
21 Mr. Lorch's brave activism paved the
22 way for the U.S. Fair Housing Act of 1968.
23 Mr. Lorch helped achieve a tremendous civil
24 rights victory, and he continued to fight racial
25 discrimination everywhere he went.
1170
1 But it cost him dearly. He was
2 driven from his job at City College and a
3 succession of other U.S. colleges and
4 universities due to his anti-segregation
5 activism. He ultimately settled in Canada in
6 1959, where he had a successful academic
7 career -- but far from his native New York
8 City -- first at the University of Alberta and
9 then at York University, from which he retired in
10 1985.
11 Mr. Lorch passed away on
12 February 28, 2014, in Toronto, at the age of 98.
13 He's survived by his daughter, Alice Lorch
14 Bartels, two granddaughters, and a sister,
15 Judith Brooks.
16 Mr. President, through Mr. Lorch's
17 efforts we have moved to a more fair and just
18 society, and it is my honor and duty to note his
19 righteousness, accomplishments, sacrifice and
20 passing to this chamber today.
21 Thank you.
22 ACTING PRESIDENT MARCELLINO: Thank
23 you, Senator Hoylman.
24 On the resolution, all in favor
25 signify by saying aye.
1171
1 (Response of "Aye.")
2 ACTING PRESIDENT MARCELLINO:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT MARCELLINO: The
6 resolution is adopted.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President, I
9 believe Senator Kennedy has a resolution at the
10 desk. It's Number 4175. Could we have the title
11 read and call on the Senator for comments.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read the title only.
14 THE SECRETARY: Legislative
15 Resolution Number 4175, by Senator Kennedy,
16 commemorating the 60th Anniversary of the
17 Cleveland Hills School Fire in the Town of
18 Cheektowaga, on March 31, 2014.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Kennedy on the resolution.
21 SENATOR KENNEDY: Thank you,
22 Mr. President.
23 I rise today to call on this chamber
24 to recognize a tragic event that occurred
25 60 years ago in the Town of Cheektowaga, the
1172
1 Cleveland Hill School Fire.
2 The Cleveland Hill Union Free School
3 District will hold a remembrance ceremony to
4 honor the victims and heroes of this tragedy this
5 weekend, Saturday, March 29th.
6 March 31, 2014, will mark 60 years
7 since the Cleveland Hill School Fire, which
8 claimed the lives of 15 sixth-grade children and
9 injured 19 others. It was one of the worst
10 school fires in New York State history and
11 resulted in a nationwide reflection on school
12 building construction requirements.
13 On March 31, 1954, an undetected
14 fire burned through the walls and tore through
15 the corridor of a wood-framed one-story
16 eight-room annex of Cleveland Hill School,
17 causing panic among students and faculty.
18 With the corridor impassable,
19 courageous teachers immediately sprang into
20 action, directing children to break through
21 school windows with any items available on hand.
22 The teachers then began to lift children out of
23 the windows, allowing most to escape to safety.
24 Sadly, many windows were either too
25 small to fit through or simply would not open,
1173
1 creating a devastating situation for the
2 sixth-grade class of Mr. Thomas Griffin, who were
3 attending music class with Mrs. Melba Seibold.
4 Mrs. Seibold heroically saved
5 24 children from the fire and in the process
6 endured severe burns, suffered smoke inhalation,
7 and broke several vertebrae while jumping out the
8 window.
9 Tragically, 15 children were unable
10 to escape and perished in the blaze. Among the
11 children lost were Bruce Brand, Verna Bagley,
12 Marlene Dupont, Michael Hause, Elizabeth Lies,
13 John Mendofik, Blaine Poss, Reba Smith, Patricia
14 Steger, Barbara Watkins, Patricia Blendowski,
15 Donald Kelleher, Marlene Miller, Suzanne Jors,
16 and George Hoffman.
17 The heroic action of Mrs. Seibold,
18 her colleagues and other students resulted in the
19 survival of 1,650 students and 150 faculty
20 members, while firefighters bravely rushed into
21 the inferno with no regard for their own safety.
22 It was a tragic day in our history,
23 but it ultimately led to important changes that
24 have undoubtedly saved lives. In the aftermath
25 of the Cleveland Hill School Fire, many changes
1174
1 made to increase the safety of school buildings.
2 There was a national movement away from
3 wooden-framed school buildings, and today in
4 New York State regulations require rescue windows
5 in classrooms to have a minimum six-square-foot
6 opening.
7 Because of these changes and others,
8 the Cleve Hill School Fire was the last time a
9 public school child died in a school fire in the
10 State of New York, a clear sign that the
11 necessary actions prompted by this tragic fire
12 have helped keep our children safe in the decades
13 since.
14 With the passage of this resolution,
15 we remember the precious lives lost and
16 commemorate this heart-breaking anniversary. I
17 would ask that we open up this resolution for
18 cosponsorship.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MARCELLINO: Thank
21 you, Senator.
22 Senator Libous.
23 SENATOR LIBOUS: Mr. President,
24 before we adopt this, I think Senator Kennedy
25 requests, for the children that were lost, we
1175
1 just have a moment of remembrance.
2 ACTING PRESIDENT MARCELLINO: We
3 shall have a moment of silence.
4 (Whereupon, the assemblage respected
5 a moment of silence.)
6 SENATOR LIBOUS: Thank you,
7 Mr. President.
8 ACTING PRESIDENT MARCELLINO: On
9 the resolution, all in favor signify by saying
10 aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT MARCELLINO:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT MARCELLINO: The
16 resolution is adopted.
17 Senator Libous.
18 SENATOR LIBOUS: And as the Senator
19 requested, we'll open that up to the house.
20 ACTING PRESIDENT MARCELLINO: So
21 ordered.
22 Senator Libous.
23 SENATOR LIBOUS: I believe Senator
24 Stavisky has Resolution 3436 at the desk. Could
25 we have it read in its entirety and call on
1176
1 Senator Stavisky.
2 And after this resolution, we will
3 go to the noncontroversial reading of the
4 calendar.
5 ACTING PRESIDENT MARCELLINO: The
6 Secretary will read.
7 THE SECRETARY: Legislative
8 Resolution Number 3436, by Senator Stavisky,
9 commending Vallo Transportation Ltd. in
10 recognition of its No Bullying Zone initiative
11 created to heighten anti-bullying awareness for
12 parents, students and employees.
13 "WHEREAS, It is important to protect
14 and to safeguard schoolchildren of the State of
15 New York, and, through the recognition of the
16 serious issues that face them each day, offer our
17 children an environment that is safe and secure;
18 and
19 "WHEREAS, It is the sense of this
20 Legislative Body to commend Vallo Transportation
21 Ltd. in recognition of its No Bullying Zone
22 initiative created to heighten anti-bullying
23 awareness for parents, students and employees;
24 and
25 "WHEREAS, Vallo Transportation, an
1177
1 independent school bus company located in
2 Whitestone, New York, has taken extra measures to
3 create awareness of its new No Bullying Zone
4 program to emphasize the company takes bullying
5 seriously and wants to be part of the solution to
6 stop this negative behavior; and
7 "WHEREAS, This vital campaign helps
8 to reinforce the importance of how all members of
9 the community can work together and help create a
10 positive experience for students during the
11 school year; as the 2014 year kicks off,
12 Vallo Transportation has focused its efforts on
13 combating bullying in schools; and
14 "WHEREAS, Recognizing training is
15 essential, all Vallo Transportation employees
16 are required to participate in an extensive
17 teaching session which outlines how to recognize
18 bullying behavior, how to properly intervene, and
19 how to create a supportive school bus climate;
20 and
21 "WHEREAS, As a bus company that
22 interacts daily with the community and students,
23 Vallo Transportation has taken the vital steps to
24 elevate anti-bullying awareness, ensuring all
25 students feel safe when traveling on their buses;
1178
1 and
2 "WHEREAS, As part of this
3 initiative, parents were provided with
4 anti-bullying information, including how to
5 recognize the warning signs, the effects of
6 bullying, and where to go for help; and
7 "WHEREAS, In addition,
8 Vallo Transportation distributed thousands of No
9 Bullying bookmarks to students who ride with
10 them; they were asked to make a pledge, which is
11 featured on the bookmark, to respect each other,
12 to refrain from bullying behavior, and to speak
13 up to help a classmate if he or she is being
14 bullied; and
15 "WHEREAS, Under the direction of
16 President Linda DeSabato, Vallo Transportation
17 provides school-bus service for hundreds of
18 children in queens and Manhattan, New York; the
19 company, which specializes in service to the
20 Bronx High School of Science, also provides
21 charter service for field trips, community
22 groups, high school sports and special events;
23 and
24 "WHEREAS, Vallo Transportation has
25 an outstanding safety record, on-time performance
1179
1 of nearly 98 percent, superior maintenance and
2 training programs, and a history of community
3 involvement; this exceptional reputation earned
4 Vallo the New York State Bus Contractors
5 Association's 2010 Contractor of the Year Award;
6 and
7 "WHEREAS, It is the sense of this
8 Legislative Body that when companies of such
9 noble aims and accomplishments are brought to our
10 attention, they should be celebrated and
11 recognized by all the citizens of this great
12 Empire State; now, therefore, be it
13 "RESOLVED, That this Legislative
14 Body pause in its deliberations to commend
15 Vallo Transportation Ltd. in recognition of its
16 No Bullying Zone initiative created to heighten
17 anti-bullying awareness for parents, students and
18 employees; and be it further
19 "RESOLVED, That a copy of this
20 resolution, suitably engrossed, be transmitted to
21 Linda DeSabato, President, Vallo Transportation
22 Ltd."
23 ACTING PRESIDENT MARCELLINO: On
24 the resolution, Senator Stavisky.
25 SENATOR STAVISKY: Thank you,
1180
1 Mr. President.
2 And I rise today to express our
3 appreciation to Vallo for their anti-bullying
4 campaign that began last fall. The company,
5 interestingly, was founded more than 50 years ago
6 and had a number of various iterations that
7 evolved into this current company. They started
8 as a local school bus contractor, a charter bus
9 contractor, and through the years began to
10 specialize in transporting schoolchildren.
11 The people running the company --
12 and they have a sister company in Sullivan County
13 or in Orange County, in Senator Bonacic's
14 district -- these are the children, the
15 grandchildren of the original founders of the
16 company. Linda DeSabato operates Vallo, and
17 Denise DeSabato-Pisapia, a third-generation
18 owner, is the chief operating officer.
19 And their stand against bullying
20 began when they realized that bullying is a
21 challenge for a single driver in a bus operating
22 the bus with lots and lots of children. And
23 they're trying to elevate the awareness and help
24 parents and children and the operators, working
25 together to eliminate bullying.
1181
1 What happens is that the Vallo
2 Transportation employees first receive an
3 intensive educational training session which
4 outlines how to recognize bullying behavior, how
5 to properly intervene, and how to create a
6 supportive school bus environment.
7 Students who ride on the buses were
8 asked to pledge not to participate in bullying
9 behavior and speaking up if a classmate is being
10 bullied. And Vallo distributed information
11 asking the children to take the pledge, and they
12 provided bookmarks for the children, who were
13 asked to sign and use those bookmarks during the
14 school year. And the bookmark says: I pledge to
15 respect my classmates, be kind and not bully
16 others, and speak up and ask a classmate if he or
17 she is being bullied.
18 So these facts were sent to the
19 parents and help the parents to identify the
20 warning signs if their child is being bullied
21 and, in effect, try to put an end to bullying on
22 the school bus.
23 So I congratulate this company and
24 thank my colleagues for supporting this
25 resolution.
1182
1 And joining us in the chamber is the
2 Vallo training and safety director, Linda
3 Kleingardner.
4 So we welcome you to Albany, we
5 thank you for your patience in sitting through I
6 think our longest Resolution Calendar yet, and we
7 will present the resolutions to you.
8 Thank you, Mr. President.
9 ACTING PRESIDENT MARCELLINO: Thank
10 you, Senator.
11 This resolution was previously
12 adopted on February 11, 2014.
13 Senator Libous, we would want to go
14 now to the noncontroversial reading of the
15 calendar.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 152, by Senator Griffo, Senate Print 3149A, an
19 act to amend the Election Law.
20 ACTING PRESIDENT MARCELLINO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO: Call
25 the roll.
1183
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Gianaris.
4 SENATOR GIANARIS: Thank you,
5 Mr. President, to explain my vote.
6 I have voted against this bill in
7 years past, and I will be doing so again. I
8 don't fault the sponsor or the supporters for
9 their well-intentioned proposal, but I do think
10 we are getting into uncharted waters and dealing
11 with an issue that may have unintended
12 consequences.
13 For example, the current system
14 allots Electoral College votes based on a state's
15 population, whereas a system such as the national
16 popular vote will do so based on voter turnout in
17 a presidential election. Which means states that
18 have a high number of unregistered residents
19 would not be counted as much, or states that have
20 low voter turnout would not be counted as much as
21 they are under the current system.
22 There's also a myriad of other
23 issues related to those that have wealth being
24 able to saturate a big city media market to
25 affect the outcome more than they currently do,
1184
1 which is already too much. As well as the
2 possibility for some states that are unhappy with
3 the results potentially, between Election Day and
4 the Electoral College vote, changing their state
5 laws to pull back out of a compact like this,
6 which would throw the whole system into chaos.
7 So because I believe there's too
8 many unanswered questions about this proposal,
9 I'll continue to be voting no.
10 Thank you.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Gianaris will be recorded in the
13 negative.
14 I just want to remind everybody that
15 we have a two-minute rule on explaining your
16 vote.
17 Senator Ball to explain his vote.
18 SENATOR BALL: Thank you,
19 Mr. President. I just want to explain my vote
20 briefly.
21 You know, whenever we decide to
22 tinker with what the Founders had as an initial
23 version of our process, I think we get into
24 dangerous territory.
25 You know, one of the things, the
1185
1 by-products of this piece of legislation is the
2 fact that you're going to have to be either a
3 rock star or a billionaire to run for president
4 of the United States.
5 We have a process now that forces
6 candidates to go to smaller states, to go to
7 county fairs -- we all know how that went for
8 Mitt Romney when he started yelling at some
9 constituents at the county fair. But, you know,
10 it forces people, national politicians to go to
11 smaller states, to smaller communities, and then
12 those states and those communities then have a
13 voice.
14 This is going to create a process --
15 which is sad, because it's getting more and more
16 like this every day -- where either you're a
17 billionaire or a movie star. And they're just
18 going to focus the campaigns on the urban
19 centers, and the population centers and the
20 flyover states, where the vast majority of great
21 Americans live, are going to be ignored.
22 So that's why I'll be voting no.
23 And quite honestly, I feel that this sets a
24 dangerous precedent.
25 Thank you.
1186
1 ACTING PRESIDENT MARCELLINO:
2 Senator Ball, how will you vote?
3 SENATOR BALL: No.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Ball will be recorded in the negative.
6 Senator Griffo.
7 SENATOR GRIFFO: Thank you,
8 Mr. President.
9 I want to thank all those who are
10 cosponsoring this, especially Senator Parker, who
11 has also carried the bill in the past. I
12 appreciate their efforts, as well as
13 Assemblyman Dinowitz's.
14 Elections are the foundation of our
15 democracy. In order to have the most
16 representative government possible, we need a
17 system that both attract voters to participate in
18 the process and requires candidates to deal with
19 all people on all issues.
20 That is not the current scenario in
21 which we find ourselves every four years.
22 Potential presidential candidates concentrate
23 more than two-thirds of their advertising budget
24 and two-thirds of their campaign stops in just
25 five states. Almost 100 percent of their message
1187
1 is seen in approximately 16 battleground states.
2 New York has 19.5 million people,
3 but we're routinely ignored by campaigns. I want
4 to empower people. I want to make New York State
5 relevant in a national campaign again. I want a
6 democracy that creates excitement in people, not
7 apathy.
8 Joining the National Popular Vote
9 Compact creates that opportunity. It leverages
10 the combined power of the states in a compact to
11 say no longer can you take us for granted, no
12 longer can you effectively disenfranchise
13 millions of Americans by ignoring us, no longer
14 can you assume that you have our vote.
15 I'm pleased that this bill has
16 bipartisan support, not only here in this chamber
17 but in other states as well. New York could be
18 the 10th state to join the compact, and I believe
19 that we will get there.
20 I believe this bill stays true to
21 the United States Constitution, which gives each
22 state the power to decide how to allocate their
23 electoral votes. And it respects the
24 Electoral College but also reflects the current
25 realities that there is a need for a more modern
1188
1 approach.
2 I vote aye.
3 ACTING PRESIDENT MARCELLINO: Thank
4 you, Senator.
5 Senator Griffo will be recorded in
6 the affirmative.
7 Senator Boyle to explain his vote.
8 SENATOR BOYLE: Mr. President, to
9 explain my vote.
10 I want to thank Senator Griffo and
11 the other cosponsors of this important
12 legislation.
13 Every young American child grows up
14 and they ask, how does one become President of
15 the United States? By getting the most votes?
16 Well, no, that's not the answer now. It's a very
17 difficult, complex system that we have that was
18 good at the beginning of the country, but it
19 makes little sense now.
20 This is the information age, and
21 anybody can run for president and, because of the
22 power of the Internet, the information age, can
23 get known nationally. Right now, as
24 Senator Griffo said, there are six or seven
25 states the entire campaign is focused on. We can
1189
1 change that. We can make New York State relevant
2 again, and we will see campaign rallies on a
3 presidential level throughout the State of
4 New York from both parties.
5 That's what we look forward to so we
6 can teach young New Yorkers that when you run for
7 president, you get the most votes and you win.
8 I vote aye.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Boyle will be recorded in the
11 affirmative.
12 Senator DeFrancisco to explain his
13 vote.
14 SENATOR DeFRANCISCO: You know, the
15 vote on this will have strange bedfellows because
16 it's a difficult vote, because you're trying to
17 figure out how it will affect the outcome of
18 things. The thing that's going through my mind,
19 first of all, that if this was in effect during
20 the Bush-Gore election, Gore would have been
21 president.
22 And that kind of -- is that correct?
23 No? I thought he had the popular vote in that
24 election. He did. Okay, he did. Gore had more
25 popular votes. So that kind of makes me hesitate
1190
1 a little bit.
2 (Laughter.)
3 SENATOR DeFRANCISCO: But on the
4 other hand, the argument about everybody's vote
5 counting makes a lot of sense, because in
6 New York politics -- and I'm speaking as a
7 Senator of New York -- rarely do we get a
8 presidential candidate ever come near Central
9 New York during an election campaign. The mass
10 is in the New York City area, and whoever gets
11 the most votes gets all of the delegates.
12 So I really believe that the popular
13 vote makes the most sense. And there may be
14 strange bedfellows and there may be some very bad
15 results from it, as I've given one possibility
16 that could have happened. But on the other hand,
17 I think it's the best way to do it so everyone is
18 part of the process.
19 And I thank you. I vote aye.
20 ACTING PRESIDENT MARCELLINO:
21 Senator DeFrancisco will be recorded in the
22 affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 152, those recorded in the
1191
1 negative are Senators Ball, Gianaris, Squadron
2 and Zeldin.
3 Ayes, 57. Nays, 4.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 184, by Senator Lanza, Senate Print 4751A, an act
9 to amend the Social Services Law.
10 ACTING PRESIDENT MARCELLINO: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MARCELLINO:
18 Senator Kennedy to explain your vote.
19 SENATOR KENNEDY: Thank you,
20 Mr. President.
21 This is important legislation that
22 will help expand the responsibility --
23 ACTING PRESIDENT MARCELLINO: Can
24 we have a little order in the house, please, so
25 we can call the roll.
1192
1 Thank you, Senator Kennedy.
2 SENATOR KENNEDY: May I continue?
3 This legislation will expand the
4 responsibility for reporting suspected child
5 abuse. There's currently some uncertainty when
6 it comes to whether some individuals are required
7 to report abuse as mandated reporters.
8 I believe we should all consider
9 ourselves mandated reporters. If you see
10 something, say something. Report potential abuse
11 to the state's Central Registry.
12 Current law requires school
13 officials to report abuse but doesn't
14 specifically define school coaches as mandated
15 reporters. This legislation will clear up any
16 confusion and expand the number of mandated abuse
17 reporters working in our schools.
18 Coaches often become a person of
19 trust for children, and youth may turn to their
20 coaches to confide in them. Children may share
21 problems with them that they're experiencing at
22 home, at school, or elsewhere that they may not
23 confide in anyone else.
24 Understanding this, we have to
25 clarify the duties of coaches and school
1193
1 athletics personnel to report suspected child
2 abuse and neglect. This is an important step in
3 the right direction with our ongoing efforts to
4 prevent child abuse and neglect across our state.
5 This is something that was promoted
6 by some awful circumstances, horrific
7 circumstances in Western New York, where children
8 died at the hands of abusers. The deaths of Abdi
9 Mohamud, Gage Seneca, Austin Smith, Eain Brooks,
10 and Mayouna Smith have been heartbreaking and
11 intolerable tragedies. And these tragedies
12 should make all of us question whether our state
13 and our counties are doing enough to keep our
14 children safe.
15 Across the country, 700,000 cases of
16 abuse and neglect are mentioned every single
17 year. In New York State alone, 80,000 cases of
18 abuse and neglect are reported. One child abused
19 or neglected is enough to spark outrage. But
20 tens of thousands of cases is unacceptable.
21 Action is clearly necessary, and it
22 needs to stop here. An estimated 1570 children
23 died across this nation just a couple of --
24 ACTING PRESIDENT MARCELLINO:
25 Senator Kennedy, how do you vote?
1194
1 SENATOR KENNEDY: We need to make
2 sure that we pass this legislation today.
3 Mr. President, I vote aye.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Kennedy will be recorded in the
6 affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 198, by Senator Hassell-Thompson, Senate Print
13 3338, an act to amend the Correction Law.
14 ACTING PRESIDENT MARCELLINO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 217, by Senator Nozzolio, Senate Print 4486, an
1195
1 act to amend the Civil Practice Law and Rules.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MARCELLINO:
10 Announce the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 243, by Senator Larkin, Senate Print 947A, an act
16 to amend the General Municipal Law.
17 ACTING PRESIDENT MARCELLINO: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Announce the results.
1196
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 249, by Senator Gallivan, Senate Print 6368A, an
6 act to amend the Not-for-Profit Corporation Law.
7 ACTING PRESIDENT MARCELLINO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 30th day.
11 ACTING PRESIDENT MARCELLINO: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MARCELLINO:
15 Announce the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 254, by Senator Marcellino, Senate Print 2524, an
21 act to amend the Environmental Conservation Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
1197
1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MARCELLINO:
5 Announce the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 261, by Senator Flanagan, Senate Print 5361, an
11 act to amend the Education Law.
12 ACTING PRESIDENT MARCELLINO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MARCELLINO:
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 265, by Senator Martins, Senate Print 306, an act
1198
1 to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MARCELLINO:
10 Announce the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 267, by Senator Flanagan, Senate Print 1446, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT MARCELLINO: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first of November.
21 ACTING PRESIDENT MARCELLINO: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Senator Krueger to explain her vote.
1199
1 SENATOR KRUEGER: Thank you. I
2 rise to support this bill.
3 In a city like New York where there
4 are too many pedestrian deaths, too much deaths
5 from drivers who are impaired, it is just one of
6 the many things we must be doing to ensure we are
7 much more focused on the safety of everyone on
8 our streets.
9 And I know this issue is statewide,
10 but I think those of us in crowded urban areas
11 are particularly sensitive to the number of
12 people who are maimed and killed each year in
13 vehicle collisions, pedestrian-vehicle
14 collisions, bike-vehicle collisions.
15 Mayor de Blasio has put out a
16 Vision Zero proposal with a series of
17 recommendations to help make our streets safer
18 and all of us safer, and this type of legislation
19 is just one step towards where we need to go as a
20 state.
21 I vote yes, Mr. President. Thank
22 you.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Krueger will be recorded in the
25 affirmative.
1200
1 Announce the results. Oh, I'm
2 sorry, anybody else?
3 Senator Hoylman, do you wish to
4 explain your vote?
5 SENATOR HOYLMAN: Thank you.
6 Mr. President, this bill gives over
7 850 localities across the state increased
8 home-rule power over slowing down the maximum
9 speed on limiting streets in their town -- this
10 is the wrong bill.
11 Sir, I think we made a mistake.
12 Thank you.
13 (Laughter.)
14 SENATOR HOYLMAN: I'll be back.
15 (Laughter.)
16 ACTING PRESIDENT MARCELLINO: I'm
17 assuming you're recorded in the affirmative on
18 this bill, though.
19 SENATOR HOYLMAN: Yes.
20 ACTING PRESIDENT MARCELLINO: The
21 Secretary will announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
1201
1 270, by Senator Grisanti, Senate Print 1599, an
2 act to amend the Highway Law.
3 ACTING PRESIDENT MARCELLINO: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MARCELLINO:
11 Senator Grisanti to explain his vote.
12 SENATOR GRISANTI: Yes, thank you,
13 Mr. President. I'll be brief.
14 You know, I want to thank my
15 colleagues in the Senate. We've passed this bill
16 the last three years.
17 I want to give credit to Laurie
18 Kostrzewski, a West Side resident.
19 Basically for the last nine years,
20 because of the visibility at the spot,
21 firefighters, police officers, men and women that
22 serve in the military, every year on
23 September 11th they gather at this bridge, they
24 stand there with flags and with honor in
25 remembrance of those that have died and perished
1202
1 on September 11th.
2 All we're doing is looking to name
3 this bridge. We've passed three years in a row
4 in the Senate. The Assembly needs to move this
5 bill along. The Department of Transportation is
6 ready to go with signs.
7 I vote aye. I urge you to tell your
8 members in the Assembly to please vote for this
9 bill, it's been waiting way too long.
10 Thank you, Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Grisanti will be recorded in the
13 affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 287, substituted earlier today by Member of the
20 Assembly Simanowitz, Assembly Print Number 7025,
21 an act to amend the Social Services Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
1203
1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MARCELLINO:
5 Announce the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 291, by Senator Little, Senate Print 1356, an act
11 to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT MARCELLINO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT MARCELLINO: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MARCELLINO:
20 Senator Dilan.
21 SENATOR DILAN: Mr. President, to
22 explain my vote.
23 Last year, Senator Little's
24 legislation passed this house 62 to 0. And this
25 bill would authorize 852 jurisdictions throughout
1204
1 the State of New York to set maximum speed on
2 their roads, and with the purpose of saving
3 pedestrian lives.
4 I am going to vote in favor of this
5 bill. However, my vote is overshadowed by the
6 fact that in the first two weeks of this year,
7 seven pedestrians were killed in New York City.
8 Two of those seven lived within my Senate
9 district.
10 Last week I also met with many of
11 the families of about 156 individuals that were
12 killed in New York City due to reckless drivers.
13 This year it is projected that a
14 minimum of 200 pedestrians will be killed by
15 drivers who are going above the minimum speed
16 limit of 30 miles per hour. They lost loved ones
17 from age 62 to age as young as 3. Young Allison
18 was crossing the street with her grandmother when
19 she was struck and killed by a driver who was
20 going at a high rate of speed.
21 So I have introduced similar
22 legislation in this house, S3496A, to give
23 New York City the same right that we are giving
24 these other 852 jurisdictions. So I am asking my
25 colleagues to allow New York City the right of
1205
1 home rule and to set their own limits, which
2 could be as low as 20 miles per hour in New York
3 City, as the New York City Council sees fit.
4 So with home rule as the spirit of
5 the law, I ask for my colleagues to support 3496A
6 unanimously, like we're giving the rest of the
7 state.
8 Thank you very much.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Dilan will be recorded in the
11 affirmative.
12 Senator Hoylman.
13 SENATOR HOYLMAN: Thank you,
14 Mr. President. It's good to be speaking on the
15 right bill.
16 (Laughter.)
17 SENATOR HOYLMAN: Always, right?
18 I wanted to commend Senator Dilan
19 for his leadership. And I think he points out
20 the disparity between allowing the 850 localities
21 across the state to have this home-rule power,
22 but not yet allowing a city of 8 million people
23 to do the same.
24 So I'm hopeful that we will move
25 legislation that Senator Dilan carries, that I
1206
1 cosponsor, and a bill that I also carry that
2 would allow New York City to have home rule so we
3 can save so many of the lives that are at risk
4 daily, whether they be pedestrians, cyclists and
5 drivers, from the dangers of our roads in
6 New York City.
7 I vote aye.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Hoylman will be recorded in the
10 affirmative.
11 Senator Montgomery to explain her
12 vote.
13 SENATOR MONTGOMERY: Yes,
14 Mr. President, thank you.
15 I rise to also support
16 Senator Dilan's legislation, which would allow
17 home rule for New York City and would give the
18 rights of the citizens that we represent,
19 especially many of the communities, the community
20 boards, the residents in my district, who would
21 like to have the option of lowering the speed
22 limits in the interest of saving lives in the
23 City of New York.
24 So I hope -- certainly I'm voting
25 yes on Senator Little's bill which is before us
1207
1 now, and look forward to seeing Senator Dilan's
2 bill before us in the very near future which
3 would grant the same rights to New York City.
4 Thank you, Mr. President. I vote
5 aye.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Montgomery will be recorded in the
8 affirmative.
9 Senator Stavisky to explain her
10 vote.
11 SENATOR STAVISKY: Senator Dilan
12 mentioned little Allison. Little Allison was
13 killed in my Senate district, and we've been
14 working with her parents. They were here last
15 week in Albany to plead for some sanity in this
16 area.
17 And on behalf of little Allison, I
18 vote aye.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Stavisky will be recorded in the
21 affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
1208
1 Senator Libous, that completes the
2 reading of the calendar.
3 SENATOR LIBOUS: Mr. President, is
4 there any further business at the desk?
5 ACTING PRESIDENT MARCELLINO: The
6 desk is clear.
7 SENATOR LIBOUS: There being no
8 further business, I move that the Senate adjourn
9 until Wednesday, March 26th, at 3:00 p.m.
10 ACTING PRESIDENT MARCELLINO: On
11 motion, the Senate stands adjourned until
12 Wednesday, March 26th, at 3:00 p.m.
13 (Whereupon, at 5:41 p.m., the Senate
14 adjourned.)
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