Regular Session - April 28, 2014

                                                                   1809

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 28, 2014

11                     3:21 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1810

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise and 

 5   join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Reverend Peter 

11   G. Young, of the Mother Teresa Community here in 

12   Albany.

13                REVEREND YOUNG:   Thank you, 

14   Senator.  

15                Let us pray.

16                At George Washington's inauguration 

17   address as President, he placed his hand on the 

18   Bible in 1789 to serve with integrity his nation.  

19                Our Senators are called to 

20   leadership in your elected and dedicated public 

21   servant positions.  We bless them, and we call 

22   God to again help them in their mission to be 

23   able to be leaders as George Washington was.  

24                Amen.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               1811

 1   you, Father Young.  

 2                The reading of the Journal.

 3                THE SECRETARY:   In Senate, Sunday, 

 4   April 27th, the Senate met pursuant to 

 5   adjournment.  The Journal of Friday, April 25th, 

 6   was read and approved.  On motion, Senate 

 7   adjourned.

 8                ACTING PRESIDENT GRIFFO:   Without 

 9   objection, the Journal stands approved as read.

10                Presentation of petitions.

11                Messages from the Assembly.

12                The Secretary will read.

13                THE SECRETARY:   On page 5, Senator 

14   Maziarz moves to discharge, from the Committee on 

15   Local Government, Assembly Bill Number 8404 and 

16   substitute it for the identical Senate Bill 

17   Number 6182, Third Reading Calendar 44.

18                ACTING PRESIDENT GRIFFO:    

19   Substitution so ordered.

20                Messages from the Governor.

21                Reports of standing committees.

22                Reports of select committees.

23                Communications and reports from 

24   state officers.

25                Motions and resolutions.  


                                                               1812

 1                Senator Libous.

 2                SENATOR LIBOUS:   Mr. President, 

 3   would you please call on Senator Valesky, then 

 4   Senator Gianaris, and then come back to me, 

 5   please.

 6                ACTING PRESIDENT GRIFFO:   Will do.  

 7                Senator Valesky.

 8                SENATOR VALESKY:   Thank you, 

 9   Mr. President.  

10                I move that the following bills be 

11   discharged from their respective committees and 

12   be recommitted with instructions to strike the 

13   enacting clause; these bills are sponsored by me:  

14   Senate 2164, 2165, and 3701.

15                ACTING PRESIDENT GRIFFO:   So 

16   ordered.

17                SENATOR VALESKY:   Also, 

18   Mr. President, on behalf of Senator Savino, I 

19   move that the following bills be discharged from 

20   their respective committees and be recommitted 

21   with instructions to strike the enacting clause:  

22   2516A, 4589A, 5118, and 5498.

23                ACTING PRESIDENT GRIFFO:   So 

24   ordered.

25                SENATOR VALESKY:   Also, 


                                                               1813

 1   Mr. President, on behalf of Senator Avella, on 

 2   page 18 I offer the following amendments to 

 3   Calendar Number 278, Senate Bill 6599C, and ask 

 4   that said bill retain its place on the Third 

 5   Reading Calendar.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   amendments are received, and the bill shall 

 8   retain its place on third reading.  

 9                Senator Valesky.

10                SENATOR VALESKY:   And also, 

11   Mr. President, on behalf of Senator Klein, on 

12   page 16 I offer the following amendments to 

13   Calendar Number 232, Senate Bill Number 2257, and 

14   ask that that bill retain its place on the Third 

15   Reading Calendar.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are received, and the bill shall 

18   retain its place on third reading.

19                Thank you, Senator Valesky.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Thank you, 

22   Mr. President.  

23                On behalf of Senator Espaillat, I 

24   move to amend the following bills by striking out 

25   the amendments made on March 25th and restoring 


                                                               1814

 1   them to their original print numbers:  Senate 

 2   Bill 6110A, 6111A, 6112A, and 6113A.

 3                ACTING PRESIDENT GRIFFO:   So 

 4   ordered.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Mr. President, on 

 7   behalf of you, sir, I move that the following 

 8   bill be discharged from its respective committee 

 9   and be recommitted with instructions to strike 

10   the enacting clause.  And that would be Senate 

11   Print 2755.

12                ACTING PRESIDENT GRIFFO:   So 

13   ordered.

14                Senator Libous.  

15                SENATOR LIBOUS:   And then on behalf 

16   of Senator Grisanti, I move that the following 

17   bills be discharged from their respective 

18   committees and be recommitted with instructions 

19   to strike the enacting clause:  5510 and 5511.

20                ACTING PRESIDENT GRIFFO:   So 

21   ordered.

22                SENATOR LIBOUS:   And then on behalf 

23   of Senator Young, I move that the following bills 

24   be discharged from their respective committees 

25   and be recommitted with instructions to strike 


                                                               1815

 1   the enacting clause.  That would be Senate Print 

 2   3996 and 4611B.

 3                ACTING PRESIDENT GRIFFO:   That is 

 4   so ordered.

 5                SENATOR LIBOUS:   And on behalf of 

 6   Senator Hannon, on page 5 I offer the following 

 7   amendments to Calendar Number 31, Senate Print 

 8   Number 5537, and ask that the said bill retain 

 9   its place on the Third Reading Calendar.

10                ACTING PRESIDENT GRIFFO:   The 

11   amendments are received, and the bill shall 

12   retain its place on third reading.

13                Senator Libous.

14                SENATOR LIBOUS:   Mr. President, on 

15   behalf of Senator Maziarz, on page 13 I offer the 

16   following amendments to Calendar Number 187, 

17   Senate Print 6499, and ask that said bill retain 

18   its place on the Third Reading Calendar.

19                ACTING PRESIDENT GRIFFO:   The 

20   amendments are received, and the bill shall 

21   retain its place on third reading.

22                Senator Libous.  

23                SENATOR LIBOUS:   On behalf of 

24   Senator Golden, on page 19 I offer the following 

25   amendments to Calendar Number 285, Senate Print 


                                                               1816

 1   2094A, and ask that said bill retain its place on 

 2   the Third Reading Calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on third reading.

 6                Senator Libous.  

 7                SENATOR LIBOUS:   And on behalf of 

 8   Senator Gallivan, on page 21 I offer the 

 9   following amendments to Calendar Number 314, 

10   Senate Print 6598, and ask that said bill retain 

11   its place on the Third Reading Calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are also received, and the bill shall 

14   retain its place on third reading.

15                Senator Libous.  

16                SENATOR LIBOUS:   Mr. President, at 

17   this time I would ask that you call on the 

18   Honorable Senator Breslin for the purposes of an 

19   announcement.

20                ACTING PRESIDENT GRIFFO:    

21   Recognize Senator Breslin.

22                SENATOR BRESLIN:   Thank you, 

23   Mr. President.  

24                We're honored today to have Class AA 

25   State Champions here with us, basketball, who 


                                                               1817

 1   beat Jamestown on March 16th of this year.  

 2                Now, that enough would be a 

 3   milestone, but this school, Green Tech, has only 

 4   been in existence for four years.  So in its 

 5   fourth year of existence it's the state 

 6   champions.  

 7                And I'd like to say about each of 

 8   the individuals on this team, they count 

 9   academics higher than they do athletics.  So you 

10   imagine how well they do in the classroom as 

11   well.

12                And they're here with their coach, 

13   Coach Jamil Hood, Sr.  And it's Sr. because Jr. 

14   plays on the team and has accepted a Division I 

15   basketball scholarship.  

16                And also with them are Assistant 

17   Coaches Lloyd Johnson, Stephen Archer -- you can 

18   wave when I call -- Stephen Archer, Antwan 

19   Morrison, and Team Managers Markell Mayo and 

20   Destiny Jackson.

21                This team deserves our praise for 

22   such an outstanding job.  You've brought 

23   distinction and happiness to the Albany area, the 

24   Capital District, and the State of New York.  

25   Thank you, Green Tech, and we'll do it again next 


                                                               1818

 1   year.

 2                (Applause.)

 3                ACTING PRESIDENT GRIFFO:   We 

 4   welcome the student athletes and coaching staff 

 5   of the State Champion Basketball Team, Green 

 6   Tech.  Thank you for being with us, and 

 7   congratulations.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                I believe there's a privileged 

12   resolution at the desk by Senator Klein, 

13   Number 4672.  May we have the resolution read in 

14   its entirety, and before its adoption if you 

15   could call on Senator Klein.

16                ACTING PRESIDENT GRIFFO:   May I 

17   have some order in the chamber, please.

18                The Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 4672, by Senator Klein, 

21   commemorating the 2nd Annual Bronx Day in Albany 

22   celebration upon the occasion of marking the 

23   centennial of the incorporation of Bronx County.  

24                "WHEREAS, Each and every city, town, 

25   village, and hamlet within its borders proudly 


                                                               1819

 1   resonates with the rich and noble history of the  

 2   State of New York; and 

 3                "WHEREAS, It is the sense of this 

 4   Legislative Body to recognize those events which 

 5   foster civic pride and highlight the 

 6   contributions of the communities which comprise 

 7   the noble body of this great Empire State to the 

 8   progression and development of our society; and 

 9                "WHEREAS, Attendant to such 

10   concerns, and in full accord with its 

11   long-standing traditions, this Legislative Body 

12   is justly proud to commemorate the 2nd Annual 

13   Bronx Day in Albany celebration upon the occasion 

14   of marking the centennial of the incorporation of 

15   Bronx County; this festive affair will take place 

16   on Monday, April 28, 2014, at The Egg in Albany, 

17   New York; and 

18                "WHEREAS, The purpose of the annual 

19   Bronx Day in Albany celebration is to promote 

20   Bronx pride, and allow Bronxites to share their 

21   vision for the future of their borough, as well 

22   as introduce their products and services; 2014  

23   celebration activities include tours of the 

24   Capitol; a small business forum for Bronx 

25   businesses; a luncheon; and a 'Taste of the 


                                                               1820

 1   Bronx' evening reception featuring music from 

 2   local Bronx bands and a showcase of the best food 

 3   of the borough; and   

 4                "WHEREAS, The Bronx was incorporated 

 5   in 1914, the last of New York State's 62 counties 

 6   to be established; however, this diverse 

 7   municipality has played a noteworthy role in the 

 8   evolution of New York from its early beginnings; 

 9   and 

10                "WHEREAS, Forty-two square miles in 

11   size, and the only section of New York City on 

12   the mainland, The Bronx is named in memory of  

13   the area's first European settler, Jonas Bronck; 

14   its earliest settlement was in 1639 along the 

15   Harlem River in what is now Mott Haven; and 

16                "WHEREAS, The Bronx was originally 

17   part of Westchester County and, in 1841, the 

18   New York and Harlem Railroad began regular  

19   commuter service between The Bronx and Manhattan; 

20   by 1895, the area had become a part of New York 

21   City; and 

22                "WHEREAS, At the turn of the 

23   century, the quiet suburban streets and farms of 

24   The Bronx began to yield to rapidly expanding 

25   factories and urban neighborhoods; in 1914, its 


                                                               1821

 1   main thoroughfare, the Grand Concourse, was 

 2   completed, and by the 1920s, the Fordham 

 3   Road-Grand Concourse intersection was a great 

 4   commercial nexus and a center of tree-lined   

 5   avenues, with luxurious homes and apartment 

 6   buildings designed in the latest Art Deco and 

 7   modernist styles; and 

 8                "WHEREAS, Over the last decade of 

 9   the 19th century and the first quarter of the 

10   20th century, many of the great landmarks which 

11   continue to draw hundreds of thousands of 

12   visitors to The Bronx every year were developed,  

13   including the Bronx Zoo, one of the largest zoos 

14   in the world; the beautiful park-like New York 

15   Botanical Garden; the Hall of Fame for Great 

16   Americans at Bronx Community College (the former 

17   campus of New York University); and Yankee 

18   Stadium; and 

19                "WHEREAS, By the late 2000s, 

20   The Bronx's bridges, highways, and railroads were 

21   more heavily traveled than those of any other 

22   part of the United States, and it is the home of 

23   12 colleges and universities, including Fordham 

24   University, the Maritime College of the State 

25   University of New York, and three branches of the 


                                                               1822

 1   City University of New York:  Lehman College, 

 2   Bronx Community College, and Hostos Community 

 3   College; almost 24 percent of the land area is 

 4   parkland, including Pelham Bay Park, which, at 

 5   2,772 acres, is the largest park in the city; and 

 6                "WHEREAS, With a population of more 

 7   than 1.4 million people, The Bronx is one of the 

 8   most racially and ethnically diverse communities 

 9   in the United States, and its vibrant 

10   neighborhoods, industrious civic groups and 

11   robust small business sector have long provided 

12   both a haven and a steppingstone for hardworking 

13   immigrants from all over the globe; and   

14                "WHEREAS, Remaining fruitful over 

15   the ebb and flow of decades of growth and change, 

16   Bronx County continues its commitment to 

17   enhancing the quality of life of its residents, 

18   ensuring a progressive business, institutional 

19   and educational climate, providing essential 

20   services, and retaining the cultural vitality and 

21   environment that make it a positive place in 

22   which to live, work and visit; now, therefore, be 

23   it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to commemorate 


                                                               1823

 1   the 2nd Annual Bronx Day in Albany celebration 

 2   upon the occasion of marking the centennial of 

 3   the incorporation of Bronx County, in proud 

 4   recognition of the significance of its continuing 

 5   role in the life of the community of the State of 

 6   New York; and be it further 

 7                "RESOLVED, That copies of this  

 8   resolution, suitably engrossed, be transmitted to 

 9   the Bronx Chamber of Commerce and the 

10   Bronx County Historical Society."

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Klein.

13                SENATOR KLEIN:   Thank you, 

14   Mr. President.  

15                I'm very proud to be able to stand 

16   here in celebration with so many of my fellow 

17   Bronxites today -- many of them are up in the 

18   gallery today -- to celebrate the Second Annual 

19   Bronx Day in Albany and commemorate the Bronx 

20   centennial.  

21                Today is a real showcase of just 

22   what makes the Bronx a fantastic borough.  The 

23   Bronx is made better every single day because of 

24   the hard work, commitment and service that so 

25   many Bronxites have to their neighbors and 


                                                               1824

 1   communities, but more importantly because of 

 2   their love for the place we all call home.  

 3                Because of its strategic location, 

 4   since 1914 the Bronx has not only served as a 

 5   transportation gateway and small business hub of 

 6   New York City, but is a destination borough 

 7   marked by its natural beauty, cultural 

 8   institutions and treasured landmarks.  We are 

 9   home to some of the best of what New York City 

10   has to offer -- the Bronx Zoo, Bronx Historical 

11   Society, Wildlife Conservation Society, New York 

12   Botanical Gardens, many state-of-the-art medical 

13   facilities, Fordham University, and of course 

14   Yankee Stadium.  

15                The Bronx is the best of both 

16   worlds.  We are both a busy and vibrant 

17   commercial and business sector with quiet 

18   enclaves of untouched landscape and tight-knit 

19   communities.  We are made up of so many cultures 

20   and ethnicities and known as one of the most 

21   diverse places in world, while also sharing a 

22   common civic pride and shared vision for how we 

23   can make the Bronx better, brighter, and 

24   stronger.  

25                Our borough really has it all and is 


                                                               1825

 1   made richer every day by the small business 

 2   owners, the hardworking moms and dads, the loyal 

 3   seniors, the dedicated educators and medical 

 4   professionals, the disciplined athletes and the 

 5   noble ordinary residents whose pride and love for 

 6   the Bronx can light up any neighborhood.  

 7                In closing, I just want to say how 

 8   grateful that I was born, raised, continue to 

 9   live in the Bronx.  And I invite everyone to come 

10   and see what the Bronx has to offer.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Klein.

14                Senator Hassell-Thompson.

15                SENATOR HASSELL-THOMPSON:   Thank 

16   you, Mr. President.

17                I rise to commend Senator Klein on 

18   his resolution celebrating the Bronx.  I was 

19   privileged to serve the Bronx for the last 

20   14 years.  And even though I am a resident of 

21   Mount Vernon, I still think that you belong to 

22   us, and therefore I treat you as one of my 

23   favorite children, not stepchildren.  

24                I'm also pleased that our business 

25   community and our citizens and students have come 


                                                               1826

 1   today to be here in the Capitol with us as we 

 2   celebrate the successful 100 years going into our 

 3   second centennial of development of the Bronx.  

 4                Everybody knew the Bronx when it was 

 5   burning.  Very few people really know the Bronx 

 6   now that it has become the renaissance -- as our 

 7   borough president is famous for saying, "God's 

 8   country," because we have been blessed to grow 

 9   and to thrive and to really become a major entity 

10   and are no longer the stepchild of the five 

11   boroughs.  

12                So congratulations to the Bronx, and 

13   congratulations to Senator Klein and to all who 

14   have come to help us to celebrate today's event.

15                ACTING PRESIDENT GRIFFO:   Thank you 

16   Senator Hassell-Thompson.

17                Senator Díaz.

18                SENATOR DIAZ:   Thank you, 

19   Mr. President.  

20                I wrote some notes here, 

21   Mr. President, sitting here today.  Ladies and 

22   gentlemen and Mr. President, I take this 

23   opportunity to thank Senator Klein for bringing 

24   this resolution honoring and recognizing the 

25   great county of the Bronx.  


                                                               1827

 1                You should know, Mr. President and 

 2   ladies and gentlemen, you should know that today 

 3   we are celebrating the Bronx Day in Albany.  

 4   Under the coordination of Bronx Borough President 

 5   Ruben Diaz, Jr., who happens to be around here, 

 6   State Senator Jeff Klein, and my good friend 

 7   Assemblymember Mark Gjonaj, the Bronx has been 

 8   recognized today here in Albany for the second 

 9   year in a row.  

10                But, Mr. President and ladies and 

11   gentlemen, you should know, my friends, that it 

12   was not always like this.  You should know that 

13   once upon a time the Bronx was the laughingstock 

14   of America.  Everyone used to show what was wrong 

15   in America by singling out the Bronx.  

16                Politicians looking to make a name 

17   for themselves, they came to the Bronx:  Jimmy 

18   Carter, Ronald Reagan, Ted Kennedy.  They all 

19   came to tell you and show the rest of the nation 

20   that they, if elected, would save the rest of the 

21   nation from going through what the South Bronx 

22   was going through.

23                Moviemakers, Mr. President, you 

24   should know, ladies and gentlemen, moviemakers 

25   from Hollywood came to the Bronx to make their 


                                                               1828

 1   movies:  Fort Apache, The Bronx, with Paul Newman 

 2   and Rachel Ticotin; Bonfire of the Vanities, with 

 3   Tom Hanks; Wolfen, a 1981 crime horror movie.  

 4   They were filmed in the Bronx in the rubbish and 

 5   the destruction to show the world how ugly a 

 6   place the Bronx used to be.  

 7                The Bronx, Mr. President, ladies and 

 8   gentlemen, you should know the Bronx was burnt 

 9   out to the ground.  Every single building in the 

10   South Bronx was burnt.  The City of New York used 

11   to give properties to anyone that wished to for 

12   $1, no questions asked.  Taken.  Only Riverdale 

13   stood up in the Bronx, and that was off-limits 

14   for the rest of us.

15                Business left.  Banks redlined our 

16   area.  The Bronx was painted as a place full of 

17   criminals, drug addicts, prostitution, the worst.  

18                But today, today, ladies and 

19   gentlemen, today we are here in this chamber 

20   recognizing, honoring the Bronx.  The Bronx 

21   borough president is here.  And now, ladies and 

22   gentlemen, Mr. President, you should know that 

23   everybody wants to come back to the Bronx.  The 

24   properties in the Bronx are like gold from the 

25   Palestine.  Everybody wants to come and invest.  


                                                               1829

 1   Donald Trump, FreshDirect, Mark Messier.  

 2                Everybody loves the Bronx, thanks to 

 3   those people that stood there.  Some of us that 

 4   never moved, some of us that always stood there.  

 5   Thanks to good borough presidents Fernando 

 6   Ferrer, Adolfo Carrion, and the one that we have 

 7   today.  Thanks to Senator Jeff Klein, thanks to 

 8   people like all the delegation from the Bronx.  

 9                Today we are proud.  Today we're 

10   here in Albany telling the whole world, Come to 

11   the Bronx.  I don't know if there's any more 

12   room, but you could try.

13                (Laughter.)

14                SENATOR DIAZ:   You could try.  The 

15   borough president is always -- the door is always 

16   open for you to try.  Business wants to come 

17   back.  Banks want to come back.  Health industry.  

18   Everybody wants to come back to the Bronx, ladies 

19   and gentlemen.  But it was not always like that.  

20                But today, we praise our Lord, we 

21   thank our leaders.  We thank those that stood 

22   there.  We thank the borough president.  We thank 

23   Jeff Klein.  We thank Mark Gjonaj.  Because 

24   today, today is the day that the Lord has made.  

25   Rejoice, the Bronx is back.  


                                                               1830

 1                Thank you, Mr. President.  

 2                (Applause from the gallery.)

 3                ACTING PRESIDENT GRIFFO:   Is there 

 4   any other Senator wishing to be heard?

 5                Can we have some order, please. 

 6                Senator Rivera.

 7                SENATOR RIVERA:   Thank you so much, 

 8   Mr. President.  

 9                I wasn't born in the Bronx.  I was 

10   born in Puerto Rico, I moved up here to New York 

11   in 1998, and I had the privilege of moving to the 

12   Bronx in 2000.  And I lived there -- as a matter 

13   of fact, when I was first living in New York, I 

14   lived in a dorm room and then I lived in 

15   East Harlem for a little bit.  I moved up to a 

16   three-bedroom that was a thousand dollars in East 

17   Harlem.  This was back in 1999 or something like 

18   that.  

19                And then when I had a really bad 

20   roommate -- a long story -- I was looking for 

21   another place to live.  And I tried to find a 

22   place that was affordable in the city, in East 

23   Harlem, and I couldn't find it.  

24                So I went up to the Bronx, got off 

25   at the 4 train at the Kingsbridge Road stop, and 


                                                               1831

 1   I was met by a lady that showed me a couple of 

 2   beautiful apartments in the Bronx.  I laughed a 

 3   little bit at her.  I said, "How much do you want 

 4   for this one?"  

 5                And I realized, after I moved 

 6   there -- which at first I moved because it was 

 7   affordable.  But after just a short time I found 

 8   that this was a place that was a home.

 9                I've had the privilege of 

10   representing the Bronx for the last four years.  

11   And although the district has changed a little 

12   bit, whether we're talking about the world-famous 

13   Bronx Zoo, the Wildlife Conservation Society, 

14   Fordham Road, the third-largest shopping district 

15   in the entire city -- whether we're talking about 

16   Bronx Community College, one of our very 

17   important CUNY institutions, whether we're 

18   talking about the Kingsbridge Armory, soon to 

19   become the Kingsbridge National Ice Center, the 

20   largest ice sports facility in the world -- which 

21   I will pause for a second and say certainly if it 

22   was not for the efforts of our borough president, 

23   would not have happened.  

24                This is why the Bronx is changing.  

25   And this is why we are celebrating Bronx Day 


                                                               1832

 1   today for the second year in a row.  We invite 

 2   all of you to come, meet our business owners, 

 3   meet our residents, meet elected officials who 

 4   are very proud to represent this beautiful 

 5   borough.  

 6                As I had the opportunity to tell a 

 7   couple of years ago, of all people, the 

 8   vice president of Vietnam actually visited my 

 9   office.  And he did so because there is a sizable 

10   population of Cambodian and Vietnamese folks that 

11   live in my district.  

12                And as I was telling him about the 

13   borough and I was telling him that, I had on the 

14   wall -- there is this famous afghan, it is like a 

15   quilt, that is made by the Bronx Historical 

16   Society that has a lot of historical -- it has 

17   the Bronx Zoo on it and Yankee Stadium, 

18   et cetera.  And I was pointing at it, and I kept 

19   referring to different things on the afghan, 

20   telling him about the borough that I call home.  

21                At the end of our conversation, he 

22   gave me a gift, it was a model of a drum, a 

23   historical drum that has the history of Vietnam 

24   carved on it.  And I said, "Since you are giving 

25   me this from your country, I want to give you 


                                                               1833

 1   something from my hometown."  And I pulled down 

 2   the afghan and I gave it to him, and he took it 

 3   back home to Vietnam.  

 4                So hopefully, Mr. Borough President, 

 5   one day when you visit you'll be able to see in 

 6   the Vietnamese Presidential Palace the Bronx 

 7   afghan hanging on the wall.  

 8                But for the moment, I invite 

 9   everyone to join us so that you can see how the 

10   Bronx is renewed and how we are all, the people 

11   that represent the Bronx, incredibly proud to 

12   live there, to work there, and to represent it.  

13                Thank you, Mr. President.

14                (Applause.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Serrano.  

17                SENATOR SERRANO:   Thank you very 

18   much, Mr. President.  

19                And I rise to echo the sentiments of 

20   my colleagues.  And I think Senator Díaz said it 

21   quite well, how the Bronx has transformed over 

22   the years.  

23                And I think it's fitting and I'm 

24   very happy that my friend Borough President Ruben 

25   Diaz is here in the Senate chamber.  He and I 


                                                               1834

 1   have a long Bronx history together.  We both went 

 2   to elementary school together.  And we have in 

 3   our minds and our psyche what it was like growing 

 4   up in the 1970s in the Bronx.  

 5                And it was always home, it was 

 6   always a beautiful place.  But to see what it's 

 7   become over the last few years, it really is an 

 8   amazing sight.  Not only do we have some of the 

 9   most beautiful streets, like the Grand Concourse, 

10   and some of the most historic and old parks, old 

11   growth, historic growth parks, like Van Cortlandt 

12   and Pelham Bay Park, but we have some of the 

13   finest universities and some of the richest 

14   cultural heritage that you'll find anywhere else.  

15                And our diversity is our strength.  

16   Our diversity is what makes us one of the most 

17   amazing places to live and raise a family, the 

18   way that I'm doing.

19                And one of the interesting stories 

20   that I always keep in my mind, one of my fondest 

21   memories of one of my closest friends here in the 

22   Senate chamber -- someone who's no longer with 

23   us, and that's the late Senator Morahan.  When I 

24   was first elected here to the Senate, I'm meeting 

25   everyone -- this was back in 2005 -- and I meet 


                                                               1835

 1   this Senator who represents further north of 

 2   New York City, up in Orange County, I believe.  

 3                But I couldn't get over his Bronx 

 4   accent.  I said, Wait a minute, this guy 

 5   represents upstate, and he's got the heaviest 

 6   Bronx accent I've ever heard.  And sure enough, 

 7   when I asked him and spoke with him, he was born 

 8   and raised in the Bronx, went to Cardinal Hayes 

 9   High School, where I went to school, and 

10   eventually moved with his family and became a 

11   representative from that area.  

12                Not a day goes by when I don't meet 

13   someone who traces their roots back to the Bronx.  

14   So many people trace their roots back.  But I 

15   think it's important for folks to know now that 

16   whatever images you may think you have, if you 

17   haven't been to the Bronx lately, you need to go 

18   see it for yourself.  Don't be swayed by the 

19   myths that you see sometimes in Hollywood, in 

20   some of the older movies like Bonfire of the 

21   Vanities.  It really does not tell an accurate 

22   story.  It never did, and it certainly doesn't 

23   now.

24                See the Bronx now for yourself.  See 

25   what it's become.  And see why it is one of the 


                                                               1836

 1   places that new immigrants love to come.  Because 

 2   they see that diversity, they see that beauty, 

 3   they see the beauty of the people, and it really 

 4   is a wonderful place to raise a family.  

 5                Thank you, Mr. President.

 6                (Applause from the gallery.)

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Serrano.  

 9                The question is on the resolution. 

10   All in favor signify by saying aye.  

11                (Response of "Aye.")

12                ACTING PRESIDENT GRIFFO:   Opposed?  

13                (No response.)

14                ACTING PRESIDENT GRIFFO:   The 

15   resolution is adopted.

16                We congratulate and welcome everyone 

17   from the Borough of the Bronx today.

18                (Applause.)

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Libous.

21                SENATOR LIBOUS:   Mr. President, 

22   Senator Klein would like to open the resolution 

23   up for cosponsorship.  

24                So as the policy of the house goes, 

25   if for some reason a member chooses not to be on 


                                                               1837

 1   as a cosponsor, just please let the desk know.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   resolution is open for cosponsorship.  Should you 

 4   choose not to be a cosponsor, please notify the 

 5   desk.

 6                Senator Libous.  

 7                SENATOR LIBOUS:   I believe there's 

 8   a previously adopted resolution by Senator 

 9   LaValle, Number 4091, that's at the desk.  Could 

10   we please have the resolution read in its 

11   entirety and then call on Senator LaValle.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 4091, by Senator LaValle, 

16   honoring Cameron Rothwell upon the occasion of 

17   his designation as recipient of a Liberty Medal, 

18   the highest honor bestowed upon an individual by 

19   the New York State Senate.

20                "WHEREAS, It is incumbent upon the 

21   people of the State of New York to recognize and 

22   acknowledge those within our midst who have made 

23   significant contributions to the quality of life 

24   therein; and 

25                "WHEREAS, From time to time this 


                                                               1838

 1   Legislative Body takes note of certain 

 2   extraordinary individuals it wishes to recognize 

 3   for their valued contributions to the success and 

 4   progress of society and publicly acknowledge 

 5   their endeavors which have enhanced the basic 

 6   humanity among us all; and 

 7                "WHEREAS, This Legislative Body is 

 8   justly proud to honor Cameron Rothwell upon the 

 9   occasion of his designation as recipient of a  

10   Liberty Medal, the highest honor bestowed upon an 

11   individual by the New York State Senate; and   

12                "WHEREAS, The New York State Senate 

13   Liberty Medal was established by a resolution in 

14   2014 and is awarded to individuals who have 

15   merited special commendation for exceptional, 

16   heroic, or humanitarian acts on behalf of their 

17   fellow New Yorkers; and 

18                "WHEREAS, On Tuesday, March 4, 2014, 

19   Cameron Rothwell was having lunch in his school, 

20   Riley Avenue Elementary School in Calverton, 

21   New York, when he noticed his friend sitting with 

22   him appeared to be having an allergic reaction to 

23   some food he had eaten; and 

24                "WHEREAS, Nine year-old Cameron 

25   Rothwell asked his friend if he was okay and if 


                                                               1839

 1   he could breathe, and his friend was unable to 

 2   speak, and only shook his head 'no'; and 

 3                "WHEREAS, Responding without 

 4   hesitation, Cameron Rothwell directed another 

 5   student to alert the lunchroom aide; he then 

 6   promptly ran his friend to the school nurse's 

 7   office and explained to the nurse what was 

 8   happening; and 

 9                "WHEREAS, Cameron Rothwell, in his 

10   spontaneous and heroic act, has so aptly 

11   demonstrated his character and compassion for the 

12   welfare of others; personifying, by virtue of his 

13   action, the collective concern of ordinary 

14   citizens across the community of New York State 

15   who voluntarily respond without thought of danger 

16   or reward when others are in need of help; and   

17                "WHEREAS, Individuals such as 

18   Cameron Rothwell devoted to improving the quality 

19   of life for others, enabling them to build lives 

20   of dignity and self-worth are deserving of the 

21   highest praise and recognition; now, therefore, 

22   be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to honor 

25   Cameron Rothwell upon the occasion of his 


                                                               1840

 1   designation as recipient of a Liberty Medal, the 

 2   highest honor bestowed upon an individual by the 

 3   New York State Senate; and be it further 

 4                "RESOLVED, That a copy of this 

 5   resolution, suitably engrossed, be transmitted to 

 6   Cameron Rothwell."

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   LaValle.

 9                SENATOR LaVALLE:   Thank you, 

10   Mr. President.

11                I want the record to show that 

12   Assemblyman Anthony Palumbo is with us, and the 

13   Assemblyman sponsored the same resolution in the 

14   Assembly.

15                Cameron is standing up at the front 

16   of the chamber.  And, Cameron, your good deeds, 

17   the Liberty Medal stands for deeds that are 

18   exceptional, heroic or a humanitarian act.  

19                Now, many, many years ago I taught 

20   fourth grade.  And at that time teachers shared 

21   lunch duty with an aide.  As you can imagine, as 

22   we set the stage for what went on, you're in a 

23   lunchroom, there is lots of confusion, lots of 

24   noise.  

25                And 9-year-old Cameron is talking to 


                                                               1841

 1   his friend Logan, and he notices that Logan, 

 2   something is just not right.  And as we said in 

 3   the resolution, one, he has the presence of mind 

 4   to say to a friend, "Let the teacher aide know 

 5   that something is going wrong here."  

 6                Lots of confusion going on.  It 

 7   probably was not a day where they were serving 

 8   pizza, hamburgers or hot dogs.  Those are the 

 9   only days where there is some civility in the 

10   lunchroom.  

11                (Laughter.)

12                SENATOR LaVALLE:  And he sees that 

13   his friend Logan is now looking not too good.  So 

14   he grabs Logan, and off they go to the nurse's 

15   room.

16                He also notices that Logan is kind 

17   of stumbling, is not steady on his feet.  Gets to 

18   the nurse's office just in the nick of time, 

19   because you know what happens to Logan?  He 

20   passes out.  He is out.  

21                And so Logan was in the right place 

22   where he could get attention.  And you know 

23   something, Cameron?  Logan is going to live to be 

24   age 10, thanks to you.  Thanks to you.

25                So it is wonderful.  And all of the 


                                                               1842

 1   Senators here go to elementary schools, they go 

 2   to middle schools, they go to high schools.  And 

 3   I'm always taken by the great things that go on 

 4   in our schools, and the students.  Now, Cameron 

 5   is 9 going on 20 because of what he did.  And we 

 6   all see this when we go to the elementary 

 7   schools and so forth.  I can never figure out why 

 8   the people that get the greatest press do bad 

 9   things.  It's maybe one person in a district.  

10                His district is the Riverhead School 

11   District.  He's at the Reilly Avenue School.  And 

12   good things go on at that elementary school; I've 

13   been there.

14                Cameron, this body thanks you for 

15   your heroic deed, to have saved a life.  And you 

16   will always carry with you that you have saved a 

17   human life.  And that is a wonderful thing.  

18                And so the Liberty Award goes to 

19   you.  You are the youngest person to have 

20   received this, in the First Senatorial District.  

21   And we wish you much good luck in your life.  God 

22   bless you.

23                (Standing ovation.)

24                ACTING PRESIDENT GRIFFO:   Cameron, 

25   we welcome you to the New York State Senate.  


                                                               1843

 1                We congratulate you on the honor and 

 2   recognition that you have received, and we 

 3   appreciate your leadership and compassion.  God 

 4   bless you, and thank you.

 5                The resolution was previously 

 6   adopted on March 20, 2014.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, I 

 9   believe there's a privileged resolution at the 

10   desk by Senator Ball, 4376.  May we have it read 

11   in its entirety and move for its immediate 

12   adoption.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 4376, by Senator Ball, 

17   commending Brian Avery and Robert Cole for their 

18   heroism in rescuing a woman from a burning home. 

19                "WHEREAS, It is the sense of this 

20   Legislative Body to recognize and commend the 

21   caring concern and heroic acts of individuals who 

22   take prompt and appropriate action in emergency  

23   situations, nobly risking their own lives in an 

24   effort to preserve the life of another; and 

25                "WHEREAS, Attendant to such concern,  


                                                               1844

 1   and in full accord with its long-standing 

 2   traditions, this Legislative Body is justly proud  

 3   to commend Brian Avery and Robert Cole for their 

 4   heroism in rescuing a woman from her burning home 

 5   on Sunday, November 24, 2013, in Yorktown 

 6   Heights, New York; and 

 7                "WHEREAS, Brian Avery, a 48-year-old 

 8   National Guardsman, husband and father of two, 

 9   and Robert Cole, a 49-year-old husband and father 

10   of two with no firefighting training, saved the 

11   life of a 48-year-old wife and mother of three 

12   who had just had hip surgery and had been asleep 

13   when the fire broke out; and 

14                "WHEREAS, Brian Avery saw flames at 

15   the house and ran to help; after unsuccessfully 

16   attempting to shimmy up a column onto the roof, 

17   he ran back to his home to grab a ladder; and 

18                "WHEREAS, Robert Cole was driving on 

19   his way to a breakfast celebration of his 

20   14th wedding anniversary when he saw smoke; he 

21   quickly unfastened his seat belt and followed the 

22   smoke until he reached the house; and 

23                "WHEREAS, After being told there was 

24   a woman upstairs, Robert Cole looked up and saw 

25   the victim with her head and shoulders jutting 


                                                               1845

 1   out of a bathroom window, smoke billowing all 

 2   around; he also tried to climb to the home's 

 3   second floor with no success; and   

 4                "WHEREAS, Brian Avery made it back 

 5   to the home with a ladder and saw Robert Cole; 

 6   with no thought for their own safety, the two 

 7   strangers swung into action, a model of 

 8   spontaneous teamwork; and 

 9                "WHEREAS, Brian Avery climbed up 

10   first through dense smoke, followed by 

11   Robert Cole, who went onto the roof; together 

12   they got the woman out of the bathroom window and 

13   Brian Avery guided her down to safety, while 

14   Robert Cole remained on the roof to get her 

15   securely on the ladder; and 

16                "WHEREAS, The smoke was so intense 

17   that Robert Cole had to wait until the wind 

18   shifted so he could see the top of the ladder; 

19   once on the ground, he was overcome by smoke and 

20   had to be pulled across the street to safety; and 

21                "WHEREAS, Within two minutes of the 

22   rescue, the entire home was engulfed in flames; 

23   and 

24                "WHEREAS, Robert Cole and Brian 

25   Avery, through their spontaneous and heroic 


                                                               1846

 1   actions, demonstrated character and compassion 

 2   for the welfare of others, personifying, by 

 3   virtue of their behavior, the collective concern 

 4   of ordinary citizens across the community of the 

 5   State of New York who voluntarily respond when 

 6   others are in need of help; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to commend 

 9   Brian Avery and Robert Cole for their heroism in 

10   rescuing a woman from a burning home, and to 

11   convey its tremendous appreciation for their 

12   valiant actions; and be it further 

13                "RESOLVED, That copies of this 

14   resolution, suitably engrossed, be transmitted to 

15   Robert Cole and Brian Avery."

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Ball.

18                SENATOR BALL:   Thank you very much.  

19                Brian, Senior Master Sergeant Avery, 

20   who stands behind me -- the Air Force represents 

21   today -- he is with the New York Air National 

22   Guard.  And he is also here with his wife, Diane, 

23   and Fallon, his daughter.  

24                And Robert, who is one of our heroes 

25   today, is joined by Joanne Cole, Alexa and 


                                                               1847

 1   Amanda, and then Elizabeth and Jack are Robert's 

 2   parents.  

 3                You know, I remember when I was 

 4   growing up in a small town called Pawling and 

 5   hiking through the woods on an offshoot of the 

 6   Appalachian Trail, and the kids and I would 

 7   always say, "Well, what would you do if you saw a 

 8   bear?"  I know what I'd do, I'd run.  That's what 

 9   I would do.  And I would tell them, "I'm a little 

10   bit better runner than you, so I think I'm okay."  

11                A lot of people ask, and on the back 

12   of my desk there's a picture of a guy named Bobby 

13   Kennedy, RFK.  And people say, "Why does a 

14   conservative Republican have a campaign poster of 

15   Bobby Kennedy?"  Well, when that man was shot, 

16   once in the head and I believe twice in the side 

17   by a guy named Sirhan Sirhan, Bobby Kennedy, his 

18   last words were, "Is everybody okay?"  I think my 

19   last words would have been something else.  

20                These are the testament of a man or 

21   of a woman.  And the two men that stand behind me 

22   today came together, they never knew each other.  

23   They met on the roof, literally.  And had it not 

24   been for their partnership and their willingness 

25   to run into that burning building and to go help 


                                                               1848

 1   this wonderful family, we may have been reading a 

 2   very tragic account.  

 3                Also the family is here, Maria, who 

 4   actually that day was just recovering from a 

 5   surgery.  She's joined by her daughter, Marie, 

 6   her husband, Giulio, her son Giulio, Jr., and his 

 7   girlfriend Melissa Dee.  

 8                So I think it's extremely fitting 

 9   that we realize what a beautiful community we 

10   live in and give honor to these great men.  It's 

11   always amazing when you meet people like this, 

12   they never want to be called heroes.  And Brian 

13   has been quoted many times talking about how he's 

14   not the hero, it's the men and women who serve in 

15   combat who never return.  

16                But the reality is, Brian and 

17   Robert, that you could have never returned that 

18   day, as well as those that you saved.  So thank 

19   you so much, and God bless you each and every one 

20   of you.

21                (Applause.)

22                ACTING PRESIDENT GRIFFO:   The 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               1849

 1                ACTING PRESIDENT GRIFFO:   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT GRIFFO:   The 

 4   resolution is adopted.

 5                We welcome and express our 

 6   appreciation to Senior Master Sergeant Avery and 

 7   Mr. Cole and to all the family members also here 

 8   today.  Thank you for being here, and thank you 

 9   for your heroic efforts.  

10                Senator Libous.

11                SENATOR LIBOUS:   Could we have the 

12   reading of the noncontroversial calendar, please.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Calendar Number 44, 

16   substituted earlier by Member of the Assembly 

17   Ryan, Assembly Print 8404, an act to amend the 

18   Town Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1850

 1                THE SECRETARY:   Ayes, 58.  Nays, 1.  

 2   Senator Ball recorded in the negative.  

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 47, 

 6   by Senator Martins, Senate Print 6217A, an act in 

 7   relation to authorizing.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 85, 

19   by Senator Addabbo, Senate Print 2962A, an act to 

20   amend the General Business Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 60th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               1851

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   171, by Senator Klein, Senate Print 2365, an act 

 8   to amend the Real Property Actions and 

 9   Proceedings Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                SENATOR VALESKY:   Lay it aside for 

18   the day, please.  

19                ACTING PRESIDENT GRIFFO:   Lay it 

20   aside for the day.

21                THE SECRETARY:   Calendar Number 

22   216, by Senator O'Mara, Senate Print 3639, an act 

23   to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               1852

 1                THE SECRETARY:   Section 6.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 216, those recorded in the 

10   negative are Senators Hassell-Thompson, Krueger, 

11   Perkins and Serrano.

12                Ayes, 55.  Nays, 4.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   262, by Senator Flanagan, Senate Print 5362, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               1853

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   296, by Senator Larkin, Senate Print 3992, an act 

 5   to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   310, by Senator Golden, Senate Print 6144, an act 

18   to amend Chapter 548 of the Laws of 2004.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1854

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   337, by Senator LaValle, Senate Print 765, an act 

 6   to amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Krueger to explain her vote.

16                SENATOR KRUEGER:   Thank you.  I 

17   rise to explain my vote.

18                You know, I have voted for this bill 

19   in the past, and then I got an explanation today 

20   about how conceptually we passed a law saying we 

21   were putting a limit on the size of commercial 

22   fishing vessels except we were grandfathering in 

23   existing vessels that were bigger than the new 

24   law.  

25                But now this bill continues a 


                                                               1855

 1   pattern of saying you can replace the boat, you 

 2   can replace the boat again, and as long as you 

 3   were a fisherman before X date, you can keep 

 4   having a bigger vessel.  

 5                And so I actually think at the end 

 6   of the day we've created and are continuing an 

 7   uneven playing field between different commercial 

 8   fishermen depending on whether they were in the 

 9   business before a certain date, not anything to 

10   keep the ground even for a ship they may already 

11   have owned and shouldn't have to give up at this 

12   point in time.

13                So I'll be voting no because I 

14   actually think it's unfair to the majority of 

15   small-business fishermen who may have been 

16   entering the business since after 1997.

17                Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger, how do you vote?  

20                SENATOR KRUEGER:   No.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger to be recorded in the negative.

23                Announce the results.

24                THE SECRETARY:   Ayes, 58.  Nays, 1.  

25   Senator Krueger recorded in the negative.


                                                               1856

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   348, by Senator Marcellino, Senate Print 1519, an 

 5   act to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 6.  This 

 9   act shall take effect on the 120th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   349, by Senator Griffo, Senate Print 1965, an act 

18   to amend the Highway Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1857

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   354, by Senator Perkins, Senate Print 1222, an 

 6   act to amend the Penal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of November.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   356, by Senator Golden, Senate Print 2248A, an 

19   act to amend the Civil Rights Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               1858

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   357, by Senator Klein, Senate Print 2368B, an act 

 7   to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 11.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   360, by Senator Golden, Senate Print 3074, an act 

20   to amend the Criminal Procedure Law.

21                SENATOR GIANARIS:   Lay it aside.

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside.

24                SENATOR MARCELLINO:   Lay the bill 

25   aside for the day.


                                                               1859

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is laid aside for the day.

 3                Senator Marcellino, that completes 

 4   the reading of the noncontroversial calendar.

 5                SENATOR MARCELLINO:   Yes, 

 6   Mr. President.  Can we return for a moment to 

 7   motions and resolutions.

 8                ACTING PRESIDENT GRIFFO:   Can I 

 9   have some order in the chamber, please.

10                We will return to motions and 

11   resolutions.

12                Senator Marcellino.

13                SENATOR MARCELLINO:   Mr. President, 

14   on behalf of Senator Maziarz, on page number 5 I 

15   offer the following amendments to Calendar Number 

16   42, Senate Print 4673, and ask that said bill 

17   retain its place on the Third Reading Calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   amendments are received, and the bill will retain 

20   its place on third reading.

21                SENATOR MARCELLINO:   Mr. President, 

22   is there any other business at the desk?  

23                ACTING PRESIDENT GRIFFO:   There is 

24   no further business before the desk, Senator 

25   Marcellino.


                                                               1860

 1                SENATOR MARCELLINO:   There being  

 2   no further business, I move we adjourn until 

 3   Tuesday, April 29, at 3:00 p.m.

 4                ACTING PRESIDENT GRIFFO:   On 

 5   motion, the Senate stands adjourned until 

 6   Tuesday, April 29th, at 3:00 p.m. 

 7                Senate adjourned.

 8                (Whereupon, at 4:10 p.m., the Senate 

 9   adjourned.)

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