Regular Session - April 29, 2014

                                                                   1861

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 29, 2014

11                     3:29 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  


                                                               1862

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                Today the colors will be presented 

 5   by the 26th United States Colored Troop in 

 6   observance of the Civil War Sesquicentennial.

 7                Present colors.  

 8                (The Color Guard entered the chamber 

 9   and presented colors.)  

10                ACTING PRESIDENT GRIFFO:   Please 

11   join me as we recite the Pledge of Allegiance to 

12   our Flag.  

13                (Whereupon, the assemblage recited 

14   the Pledge of Allegiance to the Flag.)

15                (Whereupon, the Color Guard exited 

16   the chamber.)

17                ACTING PRESIDENT GRIFFO:   Today's 

18   invocation will be offered by Rabbi David Mark 

19   Eligberg, of Temple Israel here in Albany.  

20                Rabbi Eligberg.

21                RABBI ELIGBERG:   Heavenly Father, 

22   Supreme Author of Life, we thank You for the 

23   precious gift of life and the blessings of 

24   community.  

25                Fill our hearts with love and 


                                                               1863

 1   respect for all our fellow citizens, helping us 

 2   to see their virtues and the sanctity which You 

 3   have planted in all of us who are created in 

 4   Your divine image.  Reveal Yourself as a mirror 

 5   high above us wherein we can see ourselves 

 6   reflected, both as we are today and as You see 

 7   us, filled with possibility.  

 8                Politics is indeed a holy vocation 

 9   if and when we choose to make it so.  You 

10   gathered here are the custodians of a great state 

11   and serve a unique role to provide for the needs 

12   of the whole state while simultaneously being the 

13   wards of New York's most vulnerable.  

14                To care and to respond with care is 

15   one of the most beautiful and outstanding 

16   abilities that leaders can assume.  To fulfill 

17   this mandate in a godly manner requires that one 

18   challenge oneself not only to be just, but also 

19   to be righteous.  

20                Rabbi Abraham Joshua Heschel, a 

21   Holocaust survivor and civil rights pioneer, drew 

22   important distinctions between justice and 

23   righteousness.  Righteousness, he wrote, goes 

24   beyond justice.  Justice is strict and exact, 

25   giving each person his due.  Righteousness 


                                                               1864

 1   implies benevolence, kindness, generosity.  

 2   Justice may be legal; righteousness is associated 

 3   with a burning compassion to care for the 

 4   oppressed.  

 5                And so, we pray, bless those who 

 6   have taken on the mantle of leadership with 

 7   wisdom and insight.  Help them to realize that 

 8   all of the power, wealth and control that we 

 9   possess are gifts from the Almighty.  These gifts 

10   are Your blessings made manifest in our midst.  

11                In this legislative session, may you 

12   serve justly and righteously, wisely and 

13   compassionately, distributing our God-given gifts 

14   with a burning compassion for those in need.  May 

15   the Holy One grant you the strength to confront 

16   difficult decisions with courage, to engage in 

17   challenging discussions with open-mindedness and 

18   patience, to hear beyond the cacophony of voices 

19   that call for your attention and to listen to the 

20   silent and silenced voices in our communities who 

21   most desperately need you to be their voice, 

22   providing what is necessary for healing, for 

23   learning, and for prospering.  

24                As you undertake this sacred work, 

25   may you be inspired and guided by the words 


                                                               1865

 1   spoken by the ancient Israelites to Joshua as he 

 2   took up his mantle of leadership -- two of the 

 3   most important words in the Bible:  Chazak 

 4   ve'ematz, "Be strong and courageous."  

 5                May you all be blessed abundantly 

 6   with God's love and God's might in governing this 

 7   great state.  

 8                And let us say amen.  

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Rabbi.

11                The reading of the Journal.

12                THE SECRETARY:   In Senate, Monday, 

13   April 28th, the Senate met pursuant to 

14   adjournment.  The Journal of Sunday, April 27th, 

15   was read and approved.  On motion, Senate 

16   adjourned.

17                ACTING PRESIDENT GRIFFO:   Without 

18   objection, the Journal stands approved as read.

19                Presentation of petitions.

20                Messages from the Assembly.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports of state 

25   officers.


                                                               1866

 1                Motions and resolutions.

 2                SENATOR LIBOUS:   Mr. President, I 

 3   think we'll wait for the chamber to settle down a 

 4   little bit before we start.

 5                ACTING PRESIDENT GRIFFO:   Some 

 6   order in the chamber, please.

 7                Senator Libous.  

 8                SENATOR LIBOUS:   Mr. President, on 

 9   behalf of Senator Seward, on page 18 I offer the 

10   following amendments to Calendar Number 241, 

11   Senate Print 6526, and ask that said bill retain 

12   its place on the Third Reading Calendar.

13                ACTING PRESIDENT GRIFFO:   The 

14   amendments are received, and the bill shall 

15   retain its place on third reading.

16                SENATOR LIBOUS:   Mr. President, at 

17   this time may we please adopt the Resolution 

18   Calendar, with the except of Resolutions 4473, 

19   4488, 4644, and 4673.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor of adopting the Resolution Calendar, with 

22   the exception of Resolutions Number 4473, 4488, 

23   4644, and 4673, signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?


                                                               1867

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Resolution Calendar is adopted as indicated.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, 

 6   also could you add 4600 to that, please.

 7                ACTING PRESIDENT GRIFFO:   We will 

 8   also add Resolution Number 4600.

 9                Senator Libous.  

10                SENATOR LIBOUS:   Mr. President, I 

11   believe that there's a resolution by Senator 

12   Stewart-Cousins, Number 4488, I believe it is at 

13   the desk.  I ask that it be read in its entirety, 

14   and before it's adopted if you would call on 

15   Senator Stewart-Cousins, please.

16                ACTING PRESIDENT GRIFFO:   I would 

17   ask again the chamber to come to order, please.

18                The Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 4488, by Senator 

21   Stewart-Cousins, memorializing Governor Andrew M. 

22   Cuomo to proclaim April 20-26, 2014, as Abusive 

23   Head Trauma/Shaken Baby Syndrome Awareness Week 

24   in the State of New York.  

25                "WHEREAS, The most recent statistics 


                                                               1868

 1   compiled by the federal government estimate that 

 2   686,000 children were victims of abuse and 

 3   neglect in the United States in 2012, of whom 

 4   19.9 percent were under one year of age; and 

 5                "WHEREAS, That statistic includes 

 6   68,375 children in New York State, of whom 6,720 

 7   were under one year of age; and 

 8                "WHEREAS, On an average day in the 

 9   United States, at least four children will die as 

10   a consequence of abuse or neglect by a parent or 

11   other person entrusted with their care; and 

12                "WHEREAS, Children younger than one 

13   year of age accounted for 44.4 percent of all 

14   child abuse and neglect fatalities in 2012, and  

15   children four years of age or younger account for 

16   70.3 percent of all child abuse and neglect 

17   fatalities in 2012; and 

18                "WHEREAS, The leading cause of death 

19   of abused children under age five is Abusive Head 

20   Trauma, including the inflicted trauma known as 

21   Shaken Baby Syndrome; and 

22                "WHEREAS, On average, 1,200 to 1,400 

23   children in the United States are diagnosed with 

24   AHT/SBS every year, and medical experts believe 

25   many additional cases are likely misdiagnosed or 


                                                               1869

 1   undetected; and 

 2                "WHEREAS, Shaken Baby Syndrome and 

 3   other inflicted head trauma occurs when a 

 4   caregiver loses control and shakes a baby or  

 5   young child, most frequently less than one year 

 6   of age but in some cases as old as five years of 

 7   age, resulting in loss of vision, brain damage, 

 8   paralysis, seizures, or death; and 

 9                "WHEREAS, Shaken Baby Syndrome often 

10   causes permanent, irreparable brain damage or 

11   death to an infant, and may result in more than 

12   $1 million in medical and rehabilitation costs 

13   for the care of a single disabled child during 

14   the first years of life; and 

15                "WHEREAS, A growing body of medical 

16   evidence indicates that even mild trauma to the 

17   brain caused by AHT/SBS is likely to cause 

18   learning disabilities in children and 

19   substantially increase the risk of substance 

20   abuse; and 

21                "WHEREAS, The Centers for Disease 

22   Control and Prevention estimated in 2011 that the 

23   average cost of child maltreatment is $210,012  

24   over the course of a victim's lifetime, including 

25   the costs of child welfare, special education, 


                                                               1870

 1   criminal justice expenses, medical care and lost 

 2   productivity as an adult; and 

 3                "WHEREAS, It is estimated that the 

 4   taxpayers of the State of New York may, through 

 5   the State Medicaid program, pay as much as 

 6   41 percent of the medical and rehabilitation 

 7   costs of inflicted head injuries; and 

 8                "WHEREAS, The Centers for Disease 

 9   Control estimates child abuse costs our nation 

10   more than $124 billion a year, and the cost of 

11   child abuse in New York State is estimated to 

12   exceed $13 billion a year; and 

13                "WHEREAS, The most effective way to 

14   end AHT/SBS is by educating parents and 

15   caregivers about the danger of shaking children 

16   and providing the skills needed to cope with 

17   frustration and anger, and the minimal costs of 

18   educational and preventative programs may avert 

19   enormous medical and disability costs and untold 

20   grief for many families; and 

21                "WHEREAS, Evidence-based education 

22   and awareness programs, such as the nationally 

23   recognized New York SBS Prevention Project, 

24   developed by Dr. Mark Dias with the support of 

25   the New York State Children and Families Trust 


                                                               1871

 1   Fund, and implemented in collaboration with 

 2   Kaleida Health Women & Children's Hospital of 

 3   Buffalo and the Maria Fareri Children's Hospital 

 4   of Westchester, are shown to raise awareness and 

 5   provide critically important information about 

 6   SBS to parents, caregivers, daycare workers, and 

 7   health care professionals; and 

 8                "WHEREAS, The New York State Office 

 9   of Children and Family Services supports the work 

10   of hospital-based education programs through the 

11   efforts of the safe Babies New York program, 

12   bringing this and other important safety 

13   information to the families of 160,000 babies 

14   born last year in New York State; and 

15                "WHEREAS, Home visiting programs, 

16   such as Healthy Families New York, the Nurse 

17   Family Partnership, and other programs for new 

18   parents show great promise for preventing 

19   maltreatment; and 

20                "WHEREAS, These prevention efforts 

21   are supported by national groups such as the 

22   American Academy of Pediatrics, Prevent Child 

23   Abuse America and the National Center for Shaken 

24   Baby Syndrome, as well as individuals and 

25   organizations in New York State, such as Prevent 


                                                               1872

 1   Child Abuse New York, the Cynthia Gibbs 

 2   Foundation, and the SKIPPER Initiative, who work 

 3   to educate new parents and caregivers, increase 

 4   awareness among the general public and 

 5   professionals, and encourage increased support 

 6   for victims and their families in the health care 

 7   and criminal justice systems; and 

 8                "WHEREAS, The New York State 

 9   Legislature has enacted legislation to help 

10   increase awareness of AHT/SBS by requiring that: 

11   hospitals offer written information about Shaken 

12   Baby Syndrome (2001); new childcare providers be  

13   educated about the causes, consequences and 

14   prevention of SBS before they are licensed to 

15   care for children (2003); hospitals to offer new 

16   parents the opportunity to watch a video about 

17   the causes, consequences and prevention of SBS so 

18   that they can help protect their child from 

19   shaking injuries (2004); the Health Department to 

20   coordinate a statewide campaign to educate the 

21   public about the causes, consequences and 

22   prevention of SBS (2006); the Education 

23   Department to provide a curriculum on SBS to 

24   schools so that students, who not only may be 

25   parents someday, but who may be babysitting for 


                                                               1873

 1   young children now, are educated about the 

 2   importance of coping skills (2006); and 

 3                "WHEREAS, This Legislative Body 

 4   wishes to commend those advocates, organizations 

 5   and agencies of state, county and local 

 6   governments which work continuously and 

 7   tirelessly to educate parents and caregivers 

 8   about the causes, consequences and prevention of  

 9   SBS and other inflicted injuries; and 

10                "WHEREAS, This Legislative Body 

11   particularly wishes to recognize the nurse 

12   educators who provide education to new parents at 

13   New York's maternity hospitals so that every new 

14   parent has the opportunity to learn how they can 

15   help protect their child from shaking injuries;  

16   now, therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to memorialize 

19   Governor Andrew M. Cuomo to proclaim April 20-26, 

20   2014, as Abusive Head Trauma/Shaken Baby Syndrome 

21   Awareness Week in the State of New York; and be 

22   it further   

23                "RESOLVED, That a copy of this  

24   resolution, suitably engrossed, be transmitted  

25   to the Honorable Andrew M. Cuomo, Governor of the 


                                                               1874

 1   State of New York.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Stewart-Cousins.

 4                SENATOR STEWART-COUSINS:   Thank 

 5   you, Mr. President.  

 6                You know, I was struggling whether 

 7   or not the resolution in its entirety should be 

 8   read, because I know it's long and I think we 

 9   tend to kind of gloss over things when it gets 

10   that long.  But because this is an annual 

11   resolution, I thought it was important to hear it 

12   again and again.  Because there are so many 

13   things that happen that we in the chamber ask to 

14   memorialize, so many things that are 

15   unpreventable -- and then you have something like 

16   Shaken Baby Syndrome, which is a hundred percent 

17   preventable.

18                And a young girl, eight months old, 

19   in my district, Cynthia Gibbs, in November of 

20   2000 was a victim of Shaken Baby Syndrome.  She 

21   had gone to her babysitter and I guess had a 

22   rough day and cried too much, and the babysitter 

23   shook her.  And when her parents came to get her, 

24   the baby was dead and was diagnosed as having 

25   died from a massive brain hemorrhage, because it 


                                                               1875

 1   was later found out that the babysitter had 

 2   shaken the baby.  

 3                We know children cry.  We know 

 4   caregivers for the most part are trying just to 

 5   get through the day and have a happy, healthy 

 6   baby at the end.  And sometimes the crying and 

 7   the frustration and whatever else is happening in 

 8   the day come together, and people think that it's 

 9   okay to shake the baby.  Like the baby 

10   understands, if you shake it, that it's not 

11   supposed to cry anymore.  

12                That's not the case.  It's a baby.  

13   And the shaking that you do could, in the worst 

14   possible scenarios, end in the way that Cynthia 

15   Gibbs' life ended, or, as was spoken about in the 

16   resolution, result in a traumatic brain injury 

17   that will really hamper the person for the rest 

18   of their lives.

19                So I ask again, just in terms of us 

20   being able to educate parents, caregivers, that, 

21   you know, there's a lot that we're doing in the 

22   state to make sure that people leave the hospital 

23   with their baby and with important information, 

24   including how Shaken Baby Syndrome could change 

25   everyone's life.  But just remember that a simple 


                                                               1876

 1   act of not shaking the baby can really make all 

 2   the difference.

 3                So thank you so much, Mr. President.  

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Stewart-Cousins.  

 6                All in favor of the resolution 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:  The 

12   resolution is adopted.  

13                Senator Libous.  

14                SENATOR LIBOUS:   Thank you, 

15   Mr. President.  

16                I believe there's a resolution at 

17   the desk by Senator Stavisky, 4644.  Could we ask 

18   that it be read in its entirety and, before its 

19   immediate adoption, call on Senator Stavisky.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 4644 by Senator Stavisky, 

24   honoring the sacrifices and saluting the service 

25   of those veterans who are members of the New York 


                                                               1877

 1   Korean Veterans of the Vietnam War Association.  

 2                "WHEREAS, It is the sense of this 

 3   Legislative Body to honor the sacrifices and 

 4   salute the service of those veterans who are  

 5   members of the New York Korean Veterans of the 

 6   Vietnam War Association; and 

 7                "WHEREAS, The United States holds  

 8   freedom, democracy, and self-determination as its 

 9   highest ideals; the United States entered the 

10   Vietnam War to protect those ideals for the 

11   people of South Vietnam; and 

12                "WHEREAS, During the Vietnam War, 

13   more than 325,000 soldiers from the Republic of 

14   Korea fought alongside American troops; and   

15                "WHEREAS, From 1964 until the last 

16   troops left Vietnam on March 23, 1973, their 

17   unwavering support in the fight for freedom and 

18   democracy resulted in nearly 5,100 Korean 

19   soldiers giving their lives and almost 11,000 

20   being wounded in that effort; and 

21                "WHEREAS, While six other nations 

22   and many people from the region assisted and 

23   fought alongside U.S. soldiers, the Republic of 

24   Korea was second only to the United States in the 

25   number of combat troops deployed to Vietnam; and 


                                                               1878

 1                "WHEREAS, The Korean troops were 

 2   known throughout the conflict for their fierce 

 3   combat skills fighting alongside their brothers 

 4   in arms; and 

 5                "WHEREAS, Approximately 95 percent 

 6   of Korean veterans of the Vietnam War living in 

 7   the United States are American citizens; many 

 8   still suffer from the emotional, physical, and 

 9   psychological effects resulting from their 

10   participation in that conflict; and 

11                "WHEREAS, The people of this state, 

12   and our community in  particular, owe a profound 

13   debt of gratitude to those citizens of the 

14   Republic of Korea who answered the call to 

15   protect and defend those liberties and values 

16   held so dear; now, therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to honor the 

19   sacrifices and salute the service of those  

20   veterans who are members of the New York Korean 

21   Veterans of the Vietnam War Association; and be 

22   it further 

23                "RESOLVED, That a copy of this  

24   resolution, suitably engrossed, be transmitted to 

25   Mr. Myungkook Lee, President, New York Korean 


                                                               1879

 1   Veterans of the Vietnam War Association."

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Stavisky on the resolution.

 4                SENATOR STAVISKY:   Thank you, 

 5   Mr. President.

 6                We're joined in the chamber today by 

 7   six veterans of the Vietnam War who fought 

 8   alongside our troops in Vietnam.  They were from 

 9   South Korea, from the Republic of Korea, but they 

10   all now live in New York.

11                Sometimes we forget that the purpose 

12   of the Vietnam War was to contain the spread of 

13   communism throughout the Far East.  And these men 

14   fought with our soldiers in Vietnam, side by 

15   side, and they suffered serious injuries.  And as 

16   the resolution says, over 5,000 people died in 

17   that conflict, alongside -- more than 50,000 

18   Americans were killed.  

19                But Korea provided the 

20   second-largest number of servicepeople who fought 

21   in Vietnam alongside our troops.  It's 

22   interesting, but the Republic of Korea has a 

23   population of approximately 50 million people.  

24   At that time, it was approximately 30 million 

25   people.  And yet 5,000 were killed, more than 


                                                               1880

 1   5,000 were killed, and over 3 million people lost 

 2   their lives during the Vietnam War.

 3                Nearly all of the Korean veterans of 

 4   that Vietnam War are now American citizens or 

 5   live in the United States.  And we pay tribute to 

 6   the friendship between the Republic of the Korea 

 7   and the United States.  And it's a friendship 

 8   which is a warm, deep friendship committed to 

 9   democratic principles.  And it's a friendship 

10   where in a part of the world the United States 

11   has very few friends.  And that makes the 

12   relationship between the Republic of Korea and 

13   the United States all the more meaningful.

14                And I would also like to add that 

15   during this period in South Korea where they 

16   suffered a terrible tragedy, approximately 

17   300 people were either killed or missing when the 

18   ferry boat capsized about two weeks ago -- and 

19   our hearts go out to the families of the victims, 

20   because many of them were children.  They were 

21   high school students on a trip in South Korea.  

22   And it demonstrates the friendship between our 

23   countries, we had many services this past week 

24   where we paid tribute to the 300 or so folks who 

25   lost their lives or are presumed missing.


                                                               1881

 1                But our friendship continues.  And 

 2   again, I thank our colleagues, our fellow 

 3   Americans, for their service.  And a few minutes 

 4   ago I introduced them to Colonel Larkin, and they 

 5   saluted.  And that tells you that these are 

 6   soldiers, and they are friends.

 7                So again, Mr. President, I thank 

 8   you.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Stavisky.

11                Senator Larkin.

12                SENATOR LARKIN:   Thank you very 

13   much, Mr. President.

14                I'd like to thank Toby, Senator 

15   Stavisky, for this honor.

16                You know, a lot of people relate to 

17   Vietnam as strictly Vietnam.  They don't know the 

18   effort that the Vietnamese played in Korea.  When 

19   we were looking for the shortfall for some backup 

20   support, they were there.  A lot of these young 

21   men -- I don't remember all their battles because 

22   it's coming out of their native country, but 

23   every one of them are combat veterans.  Some of 

24   them saw as much battles as any of us else.  

25                And I think it's great that we have 


                                                               1882

 1   the courage and honor and distinction to say to 

 2   these young men, Thank you very much for your 

 3   service to your country, and thank you for being 

 4   a partner to our country.  May God bless you all.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Larkin.

 7                All in favor of the resolution 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   resolution is adopted.

14                We welcome and we thank the veterans 

15   here, the New York Korean veterans of the Vietnam 

16   War Association, for their courage, sacrifice and 

17   service.  

18                Thank you very much, and welcome.

19                (Standing ovation.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.

24                I believe there's a resolution at 

25   the desk by Senator Sanders, Resolution 4473.  


                                                               1883

 1   Could we please have it read in its entirety.  

 2   And before it is adopted, if you would call on 

 3   Senator Sanders.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 4473, by Senator Sanders, 

 8   honoring the members of the 26th United States 

 9   Colored Troop during the observance of the U.S. 

10   Civil War Sesquicentennial, recognizing their 

11   noble contributions to the citizens of the State 

12   of New York.  

13                "WHEREAS, It is the sense of this 

14   Legislative Body to proudly call attention to 

15   those esteemed organizations and individuals of  

16   the State of New York who dedicate their time and 

17   energies to educating its citizens on the history 

18   of our great nation; and 

19                "WHEREAS, Attendant to such concern, 

20   and in full accord with its long-standing 

21   traditions, this Legislative Body is justly proud 

22   to honor the members of the 26th United States 

23   Colored Troop (USCT) during the observance of the 

24   U.S. Civil War Sesquicentennial, recognizing  

25   their notable contributions to the citizens of 


                                                               1884

 1   the State of New York; and 

 2                "WHEREAS, The 26th USCT is a Civil 

 3   War Historical Interpreters group based in the 

 4   New York City area that is active in the 

 5   New York, New Jersey, Connecticut, Pennsylvania 

 6   regions; and 

 7                "WHEREAS, The 26th USCT provides 

 8   educational and cultural enrichment programs, 

 9   holds demonstrations, and speaks at living 

10   history events, as well as in classrooms, 

11   museums, and heritage sites; furthermore, the 

12   group conducts historical battle reenactments of  

13   the history of the 20th, 26th, and 31st New York 

14   Regimental United States Colored Troops; and 

15                "WHEREAS, over 4,000 free 

16   African-Americans of three regiments were trained 

17   in New York Harbor in the icy waters of the 

18   East River; they were part of more than 200,000 

19   USCT organized as reinforcement; and 

20                "WHEREAS, These free men were both 

21   inspired and encouraged by Frederick Douglas and 

22   Martin Delany; they left their trades, their 

23   other professions, their families and loved ones 

24   to join the Federal Army to fight to end slavery 

25   and save the Union; and 


                                                               1885

 1                "WHEREAS, The training bases were 

 2   located at Camp Rikers, and Hart Islands (the 

 3   latter also known as Potter's Field); the 

 4   Brooklyn Zouaves were among the others who were 

 5   trained on these islands on the East River; and 

 6                "WHEREAS, The New York USCT drew 

 7   enlistees from all over, including countries 

 8   other than the United States, such as Haiti, 

 9   Dominican Republic, Jamaica, Cuba, Trinidad, 

10   Puerto Rico, Virgin Islands, Barbados, Chile,  

11   Canada, and Cape Verde, as well as Native 

12   Americans from Long Island; and 

13                "WHEREAS, It is the custom of this 

14   Legislative Body to acknowledge and applaud those 

15   extraordinary groups of individuals who 

16   contribute so much to the educational history of 

17   our nation; and 

18                "WHEREAS, It is the practice of this 

19   Legislative Body that those who enhance the 

20   well-being and vitality of their community and 

21   have shown a long and sustained commitment to 

22   excellence certainly have earned the recognition 

23   and applause of all the citizens of this great 

24   Empire State; now, therefore, be it 

25                "RESOLVED, That this Legislative 


                                                               1886

 1   Body pause in its deliberations to honor the 

 2   members of the 26th United States Colored Troop 

 3   during the observance of the U.S. Civil War 

 4   Sesquicentennial, recognizing their notable 

 5   contributions to the citizens of the State of 

 6   New York; and be it further 

 7                "RESOLVED, That a copy of this 

 8   resolution, suitably engrossed, be transmitted to 

 9   the 26th United States Colored Troop."

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Sanders.

12                SENATOR SANDERS:   Thank you, 

13   Mr. President, Senators.  

14                Much has been made of the question 

15   of freedom and liberty today.  And this is a good 

16   day to do so.  Every day that we speak of freedom 

17   and liberty is a good day.

18                I salute, of course, the Korean 

19   troops who were here before.  

20                But there was a question that this 

21   country had to resolve roughly 150 years ago, and 

22   the question was would there be one Union.  Could 

23   the Union survive?  And that question was the 

24   cause of many different things, including a great 

25   war.  This war raged, and it went this way and 


                                                               1887

 1   then it went another way.  It could have gone any 

 2   way.  It could have been -- we might have been 

 3   speaking Rebel today.  It might have gone a 

 4   different way.

 5                However, the entry of the black 

 6   troops into this war gave an incredible movement 

 7   forward that helped preserve the Union and indeed 

 8   helped change the nature of the battle.  It 

 9   stopped simply being a battle to save the Union 

10   and became a battle to end slavery in this 

11   country.  

12                That was a question that this nation 

13   had to resolve, and it resolved it with the help 

14   of many different troops, including these worthy 

15   units that we are saluting today.  

16                These units, which trained in the 

17   East River, served as a type of support.  They 

18   were eager and ready to go into battle, and on 

19   occasion they were used in these manners.

20                I went into battle myself.  I am a 

21   Marine veteran, and I'm continuing that 

22   tradition, as my brother before me and my father 

23   before him.  And my nephew currently is in 

24   service -- three tours Iraq, one tour 

25   Afghanistan, one tour DMZ.  


                                                               1888

 1                So under those conditions, we 

 2   Americans draw a lot of legacy.  We stand on the 

 3   shoulders of giants.  And I just wanted to pause 

 4   to allow us to say thank you to those brave folk 

 5   who went before us.  The flag that you saw that 

 6   we came in was the flag of freedom.  The flag 

 7   that we flew before was a flag of independence.  

 8   But from that moment forth, we can honestly say 

 9   for all that it became a flag of freedom.

10                So on behalf of the good people who 

11   bear witness to their bravery, I wanted to say 

12   thank you to the enacters, thank you to the folk 

13   who went before us, and thank you to you for 

14   continuing to educate New York City, New York 

15   State on the proud legacy of the Union forces.

16                Thank you very much.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Sanders.

19                The question is on the resolution.  

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT GRIFFO:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT GRIFFO:   The 

25   resolution is adopted.  


                                                               1889

 1                We would like to welcome and thank 

 2   the 26th USCT for their presence here today, for 

 3   their Color Guard, and for their efforts in 

 4   commemorating American history.  Thank you very 

 5   much.

 6                (Standing ovation.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                I believe Senator Kennedy has a 

12   resolution, Number 4673, which is at the desk.  

13   Could we have the title read and call on Senator 

14   Kennedy, please.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 4673, by Senator Kennedy, 

19   commending B Team Buffalo, Inc., upon the 

20   occasion of its 6th year of serving the Buffalo 

21   community.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Kennedy.

24                SENATOR KENNEDY:   Thank you very 

25   much, Mr. President.  


                                                               1890

 1                I rise today to commend B Team 

 2   Buffalo on their 6th anniversary of serving 

 3   Buffalo and Western New York and the great State 

 4   of New York.  

 5                It's with tremendous pleasure that I 

 6   recognize the many contributions that the B Team 

 7   Buffalo has given to our community.  And I 

 8   applaud their efforts to create a movement, 

 9   driven by civic engagement, to instill a greater 

10   sense of pride in Buffalo's future generations.  

11                Formed in early 2008 by a group of 

12   young, aspiring, energetic and talented 

13   individuals, the B Team Buffalo has worked to 

14   engage individuals and community leaders into 

15   making our community a better place to live, to 

16   work, and to raise a family.

17                The organization strives to be a 

18   catalyst for change, seeking to enhance the 

19   quality of life in Western New York through 

20   exemplary leadership and through partnerships.  

21   The organization has a strong belief in a very 

22   important work ethic, and their selfless 

23   humanitarian spirit has benefited the Buffalo 

24   community in so many different ways.

25                Since its inception, the B Team 


                                                               1891

 1   Buffalo has engaged in many organizational 

 2   efforts, including the Buffalo Chicken Wing Fest, 

 3   where they've served over 70 tons of chicken 

 4   wings to thousands of people all throughout 

 5   Western New York and the greater community.  

 6   They've also gotten engaged with organizations 

 7   that serve the greater community, like the Ronald 

 8   McDonald House.  

 9                They've lit up our community, 

10   literally, by beginning what's called the City of 

11   Light, where they go into neighborhoods that can 

12   least afford it and they've put up 50,000 lights 

13   at a time during the holiday season to brighten 

14   the community and to instill a sense of hope and 

15   love and community spirit and awareness.

16                They also provide activities for 

17   children and engage in volunteerism all 

18   throughout Western New York.  I could go and on 

19   about their great work.  Their contributions to 

20   our community in Western New York and New York 

21   State are countless.  

22                The B Team Buffalo -- "B" standing 

23   for Buffalo -- is not just an organization, it is 

24   a movement.  And it's a movement that's created 

25   not just change, but positive change, for the 


                                                               1892

 1   people of Buffalo, Western New York, and New York 

 2   State.  I'm proud to stand on the Senate floor 

 3   today and honor and congratulate them on their 

 4   service, on their spirit, on their commitment, 

 5   and on their 6th-year anniversary.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Kennedy.  

 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                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, 

18   there's a resolution at the desk by Senator 

19   Gallivan, Number 4600.  Could we have it please 

20   read in its entirety.  And before you move for 

21   its adoption, please call on Senator Gallivan.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 4600, by Senator Gallivan, 


                                                               1893

 1   congratulating Kaitlin Hawayek of East Aurora, 

 2   New York, and her partner Jean-Luc Baker of 

 3   Edmonds, Washington, upon the occasion of 

 4   capturing the Gold Medal in Ice Dance at the 

 5   International Skating Union World Junior Figure 

 6   Skating Championships.  

 7                "WHEREAS, Athletic competition 

 8   enhances the moral and physical development of  

 9   the young people of this state, preparing them 

10   for the future by instilling in them the value of  

11   teamwork, encouraging a standard of healthy 

12   living, imparting a desire for success, and 

13   developing a sense of fair play and competition; 

14   and 

15                "WHEREAS, Excellence and success in 

16   competitive sports can be achieved only through 

17   strenuous practice, team play and team spirit, 

18   nurtured by dedicated coaching and strategic 

19   planning; and 

20                "WHEREAS, This Legislative Body is 

21   justly proud to congratulate Kaitlin Hawayek of 

22   East Aurora, New York, and her partner Jean-Luc 

23   Baker of Edmonds, Washington, upon the occasion 

24   of capturing the Gold Medal in Ice Dance at the 

25   ISU World Junior Figure Skating Championships in 


                                                               1894

 1   Sofia, Bulgaria, on Friday, March 14, 2014; and 

 2                "WHEREAS, Kaitlin Hawayek and 

 3   Jean-Luc Baker competed against 179 of the best 

 4   junior ice skaters from across the world to take 

 5   the top prize at the ISU World Junior Figure 

 6   Skating Championships; in an outstanding 

 7   performance, they upset the defending Grand Prix 

 8   champions in the short dance round, and held off 

 9   a strong challenge in free dance to win first 

10   place; and 

11                "WHEREAS, Utilizing their tremendous 

12   athleticism and grace, this remarkable pair 

13   executed difficult lifts and spins and were the 

14   only team to collect four out of five elements,  

15   winning the event with a personal best score of 

16   157.12; and 

17                "WHEREAS, The daughter of Jon and 

18   Kirstin Hawayek, Kaitlin Hawayek has been skating 

19   since she was four years old; she has dedicated 

20   her life to training to be the best in her sport, 

21   spending countless hours practicing ballet, 

22   ballroom dancing, yoga, and other forms  of  

23   strength and conditioning; and 

24                "WHEREAS, Focused on their goal of 

25   winning the championship, Kaitlin Hawayek and 


                                                               1895

 1   Jean-Luc Baker consistently displayed their work  

 2   ethic and drive; they won the Silver Medal at the 

 3   ISU Junior Grand Prix Final, and posted the 

 4   highest placement for a team from the 

 5   United States in five years; in addition, they 

 6   won the title of United States Junior Dance 

 7   champions in January 2014; and 

 8                "WHEREAS, Kaitlin Hawayek and 

 9   Jean-Luc Baker were loyally and enthusiastically 

10   supported by family, fans, friends and the 

11   community at large; and 

12                "WHEREAS, Sports competition 

13   instills the values of teamwork, pride and 

14   accomplishment, and Kaitlin Hawayek and Jean-Luc 

15   Baker have clearly shown a spirit of excellence 

16   which is a hallmark of their team; now, 

17   therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to congratulate 

20   Kaitlin Hawayek and her partner Jean-Luc Baker 

21   upon the occasion of capturing the Gold Medal in 

22   Ice Dance at the International Skating Union 

23   World Junior Figure Skating Championships; and be 

24   it further 

25                "RESOLVED, That copies of this 


                                                               1896

 1   resolution, suitably engrossed, be transmitted to 

 2   Kaitlin Hawayek and Jean-Luc Baker."

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Gallivan.

 5                SENATOR GALLIVAN:   Thank you, 

 6   Mr. President.

 7                I rise to also, with all my 

 8   colleagues, congratulate Kaitlin Hawayek and 

 9   Jean-Luc Baker for all their accomplishments.  

10                We from time to time recognize 

11   individuals, whether from high school, college, 

12   people with athletic accomplishments.  And I know 

13   that we have sat through in recent months 

14   different individuals, where we're able to 

15   recognize state champions, some local champions.  

16   Well, I have been waiting very patiently to 

17   recognize somebody from the 59th Senate District 

18   who has brought home a World Championship.  And 

19   we are very, very proud.  

20                In this body, we often deal with the 

21   problems in society.  And it's very appropriate 

22   that we take time to recognize the 

23   accomplishments of individuals, whether they're 

24   civic, whether they're athletic, but people who 

25   are living their life the right way.  


                                                               1897

 1                In particular, we often deal with 

 2   problems with youth in society, youth in New York 

 3   State.  And here we look to the complete 

 4   opposite, two young adults who have committed 

 5   themselves, dedicated themselves, persevered, 

 6   lived away from family, and continue to sacrifice 

 7   to bring home first the National Championship, 

 8   then the World Championship.  

 9                And we hope, as we look forward to 

10   the next four years, maybe even eight years, that 

11   they spend an incredible amount of time visiting 

12   Senator Little at the Olympic Training Center and 

13   we're able to welcome them back in 2018 and 2022.  

14                But I thank you, Mr. President, for 

15   giving me the opportunity to recognize Kaitlin 

16   and John-Luc and their parents today.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Gallivan.  

19                We would like to call the question 

20   on the resolution.  All in favor signify by 

21   saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1898

 1   resolution is adopted.

 2                We want to congratulate and to 

 3   welcome Kaitlin and Jean-Luc and their parents to 

 4   the chamber here.

 5                (Applause.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Libous.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.

10                At this time I think we will do the 

11   reading of the noncontroversial calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 12, 

15   by Senator Ranzenhofer, Senate Print 6249, an act 

16   to amend the Education Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 12.  This 

20   act shall take effect on the same date and in the 

21   same manner as Chapter 549 of the Laws of 2013.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               1899

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 23, 

 4   by Senator Seward, Senate Print 3051, an act to 

 5   amend the State 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, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 24, 

17   by Senator Griffo, Senate Print 3556, an act to 

18   amend the Legislative 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.)


                                                               1900

 1                ACTING PRESIDENT GRIFFO:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 24, those recorded in the 

 5   negative are Senators Díaz, Dilan, Hoylman, 

 6   Savino and Squadron.

 7                Ayes, 55.  Nays, 5.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 46, 

11   by Senator Martins, Senate Print 6211A, an act in 

12   relation to authorizing.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 48, 

24   by Senator Martins, Senate Print 6245A, an act in 

25   relation to authorizing.


                                                               1901

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 96, 

12   by Senator Klein, Senate Print 2367, an act to 

13   amend the Education Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall effect on the first of September.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Montgomery to explain her vote.

23                SENATOR MONTGOMERY:   Yes, 

24   Mr. President, to explain my vote.

25                I will vote yes on this bill.  


                                                               1902

 1   However, I must state my objection to the 

 2   Legislature, to us here using this process to 

 3   address the needs of young people for information 

 4   about sexuality, sex education.  

 5                This bill, which talks about 

 6   preventing sexual exploitation, child abuse -- 

 7   whatever it is about children, information that 

 8   they need to have that relates to their own 

 9   safety and the health and safety and security of 

10   their bodies, we do it in a piecemeal way.  And 

11   we do it by just coming up with Band-Aids and 

12   hope that children will eventually get the 

13   message.  And certainly, usually they don't.  

14                If we had a system and a commitment 

15   to provide children with school-based health 

16   education, they would have their own 

17   health/mental health facility where they had a 

18   team of professionals to address all of these 

19   issues comprehensively and without question.

20                So I am very, very sorry that we 

21   have taken this approach to providing this 

22   valuable information and service to children in 

23   our state.  

24                But having said that, I vote aye.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1903

 1   Montgomery will be recorded in the affirmative.  

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   205, by Senator Lanza, Senate Print 5502B, an act 

 8   to amend the Public Health Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   324, by Senator Flanagan, Senate Print 6705, an 

21   act extending the time.

22                ACTING PRESIDENT GRIFFO:   There is 

23   a home-rule message at the desk.

24                The Secretary will read the last 

25   section.


                                                               1904

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 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 324, those recorded in the 

10   negative are Senators Hoylman, Krueger, Rivera 

11   and Tkaczyk.  

12                Ayes, 57.  Nays, 4.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   334, by Senator Libous, Senate Print 967, an act 

17   to amend the Education Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                SENATOR GIANARIS:   Lay it aside.

21                ACTING PRESIDENT GRIFFO:   Lay the 

22   bill aside.

23                THE SECRETARY:   Calendar Number 

24   341, by Senator LaValle, Senate Print 6419, an 

25   act to amend the Environmental Conservation Law.


                                                               1905

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator Libous, that completes the 

12   noncontroversial reading of today's calendar.

13                SENATOR LIBOUS:   Well, 

14   Mr. President, then I suppose we should move to 

15   the controversial reading of the Libous bill.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will ring the bell.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   334, by Senator Libous, Senate Print 967, an act 

21   to amend the Education Law.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Latimer.

24                SENATOR LATIMER:   Thank you, 

25   Mr. President.  On the bill.


                                                               1906

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Latimer on the bill.

 3                SENATOR LATIMER:   I have great 

 4   respect for the sponsor of this bill, and I 

 5   understand this bill has been before this house 

 6   previously.  But I have to take the same position 

 7   that my predecessor in this district, Senator 

 8   Suzi Oppenheimer, took on this.  

 9                This debate we've had in the last 

10   two months about what is the proper role of the 

11   State Education Department and the Board of 

12   Regents and the state in governing the way 

13   education is delivered in this state has had many 

14   of us as critics of putting too much power in the 

15   hands of the SED or being very concerned about 

16   decisions that are coming out of the 

17   commissioner's office.  

18                This bill would do exactly that.  

19   This bill would take away the local control by 

20   local school districts of who they would select 

21   to be their superintendent.  

22                And we have, throughout this state, 

23   many portions of this state, my district being 

24   only one of them, in which our districts border a 

25   neighboring state -- in my case, Connecticut.  In 


                                                               1907

 1   other parts, there are areas that border 

 2   New Jersey, border Massachusetts.  

 3                And in each of those different 

 4   cases, those local school boards are looking for 

 5   the best possible school superintendent that 

 6   has the skill set necessary to do the job that 

 7   that school board has put before them.  This bill 

 8   now limits their ability to look at all possible 

 9   candidates.  

10                What this bill says is that the 

11   individual candidate must live in the State of 

12   New York or move into the State of New York if 

13   the Commissioner of Education provides a waiver.  

14   My initial concern is that it limits what the 

15   school board can do for local control.  

16                Secondly, I think it places too much 

17   power in the hands of the Commissioner of 

18   Education.  If the Commissioner of Education, who 

19   we have been properly critical of on other issues 

20   that have been before us, has the ability to deny 

21   a waiver for what the bill says is for a good 

22   cause -- we don't define what "good cause" is.  

23   That leaves a tremendous amount of discretion in 

24   the hands of the Commissioner of Education, 

25   discretion that I would rather see at the local 


                                                               1908

 1   level, not at the statewide level, the very issue 

 2   we've debated before.  

 3                The concern that I have as well, 

 4   aside from the definition of what "good cause" 

 5   is, is even if a waiver is granted, it only lasts 

 6   for one year.  And in that particular time frame, 

 7   you're dealing with potential candidates who 

 8   might live two or three or four miles over a 

 9   dotted line in a Great Barrington, Massachusetts, 

10   or a Canaan, Connecticut, or Ridgefield, 

11   Connecticut, and be unable to have that person be 

12   considered unless they were prepared to move.  

13   And those are a host of different personal issues 

14   that go into the individual candidate.  

15                New Jersey has legislated in this 

16   area, trying to restrict salaries and other 

17   considerations for superintendents, and as a 

18   result New Jersey has lost some of their more 

19   talented superintendents to those of us in parts 

20   of New York that can compete for those 

21   individuals.

22                I would also say that there is a 

23   cost to this legislation.  If we argue that a 

24   local school district does not have the 

25   discretion to hire somebody who will stay outside 


                                                               1909

 1   the state, then we are basically saying to that 

 2   school district:  If you want that candidate, 

 3   they have to move in.  

 4                And in those parts of this state 

 5   where real estate costs are high -- and that is 

 6   very true in Westchester County and other 

 7   counties -- we are most likely requiring that 

 8   school board to negotiate a more expensive 

 9   package to include a housing consideration in 

10   order for them to move from wherever they are now 

11   into this state.  

12                I think it makes much greater sense 

13   to leave the power in the hands of the local 

14   school district, let the local school board 

15   decide whether the candidate is qualified or not 

16   qualified.  The other qualifications for 

17   superintendent -- that they have the requisite 

18   number of credits from an accredited school and 

19   the proper degrees -- those are legitimate 

20   professional criteria in order to have this 

21   happen.

22                In this particular case, I think 

23   we're making an extra step too far.  And when the 

24   time comes to vote, I will be recorded in the 

25   negative.  


                                                               1910

 1                And I ask my colleagues to consider, 

 2   even if it doesn't affect them -- because there 

 3   are parts of the state that are nowheres near 

 4   another state border, consider what this kind of 

 5   restriction does to some of us who have 

 6   dotted-line borders with other states and what it 

 7   does to our school districts, which we are now 

 8   mandating for every school district in the state.  

 9                Thank you, Mr. President.  

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Latimer.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  On the bill, of course.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Libous on the bill.

17                SENATOR LIBOUS:   And while I 

18   certainly have great respect for Senator 

19   Latimer's opinion -- Senator, I do -- I do 

20   disagree.  I think that this bill is common 

21   sense.  

22                If we're elected to a Senate 

23   district, we have to live in that Senate 

24   district.  We have to become part of that 

25   district, we have to become part of what takes 


                                                               1911

 1   place.  

 2                What I have found with school 

 3   superintendents in my career is that those who 

 4   move into the district -- and we're not even 

 5   asking them to do that, we're just saying you 

 6   have to live in New York State if you're going to 

 7   be a school superintendent in New York State -- 

 8   that they do a much better job getting involved 

 9   in the community.  

10                And in many cases, at least I can 

11   speak for the upstate communities, they do become 

12   a part of the community.  In many cases they 

13   become the mayor, if you will, of the area.  And 

14   most things are centered, in rural communities 

15   upstate, around the schools, around the school 

16   districts.  And those superintendents are vital 

17   in the community.

18                So I just think that it makes sense 

19   that if they're going to take money from the 

20   taxpayers of New York State, that it only makes 

21   sense that they live in the state.  We're not 

22   asking them to live in the specific district.  I 

23   understand that that's difficult.  And I 

24   understand that there's a shortage of 

25   superintendents and it's hard to find good ones.  


                                                               1912

 1                But, you know, asking them to live 

 2   in the state, giving them a year to move in, I 

 3   don't think is unrealistic.  I think if you're 

 4   going to take taxpayer money from New York State, 

 5   you should at least live in the state while 

 6   you're doing it.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Libous.

10                Is there any other Senator wishing 

11   to be heard?

12                Seeing none and hearing none, the 

13   debate is closed.  The Secretary will ring the 

14   bell.

15                Can I have order in the chamber, 

16   please.  The Secretary will read the last 

17   section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of July.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will call the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               1913

 1   Calendar Number 334, those recorded in the 

 2   negative are Senators Avella, Gipson, 

 3   Hassell-Thompson, Latimer, Marcellino, 

 4   Montgomery, Parker, Rivera, Stavisky and Tkaczyk.

 5                Ayes, 51.  Nays, 10.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator Libous, that completes the 

 9   controversial reading of the calendar.

10                SENATOR LIBOUS:   Thank you, 

11   Mr. President.  

12                Is there any further business at the 

13   desk?  

14                ACTING PRESIDENT GRIFFO:   There is 

15   no further business before the desk.

16                SENATOR LIBOUS:   Before members run 

17   out of the chamber, if I could just remind 

18   everybody, tomorrow is West Point Day, a very 

19   important day in this house.  And we get a chance 

20   to honor the cadets as they come up; many of them 

21   are from your districts.  

22                I would ask that we will do 

23   everything in our power to start promptly at 

24   11:00.  And I would ask if members could be in 

25   the chamber and in their seats.  I know we're all 


                                                               1914

 1   very busy, but I think we could give 20 minutes 

 2   to a half-hour as we honor the cadets from 

 3   West Point.

 4                So that will be tomorrow at 11:00, 

 5   Mr. President.  

 6                And there being no further business, 

 7   I move that we adjourn until Wednesday, 

 8   April 30th, at 11:00 am.

 9                ACTING PRESIDENT GRIFFO:   On 

10   motion, the Senate stands adjourned until 

11   Wednesday, April 30th, at 11:00 a.m. 

12                Senate adjourned.

13                (Whereupon, at 4:29 p.m., the Senate 

14   adjourned.)

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