Regular Session - May 13, 2014

                                                                   2436

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 13, 2014

11                     3:23 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2437

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

 2                ACTING PRESIDENT SAVINO:   The 

 3   Senate will please come to order.  

 4                I ask all those present to please 

 5   rise with me and recite the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT SAVINO:   In the 

10   absence of clergy, I ask all to please bow their 

11   heads for a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT SAVINO:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   May 12th, the Senate met pursuant to 

18   adjournment.  The Journal of Friday, May 9th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT SAVINO:   Without 

22   objection, the Journal stands approved as read.  

23                Presentation of petitions.

24                Messages from the Assembly.  

25                The Secretary will read.


                                                               2438

 1                THE SECRETARY:   On page 13, Senator 

 2   Grisanti moves to discharge, from the Committee 

 3   on Environmental Conservation, Assembly Bill 

 4   Number 191B and substitute it for the identical 

 5   Senate Bill Number 5817A, Third Reading Calendar 

 6   169.

 7                ACTING PRESIDENT SAVINO:   So 

 8   ordered.

 9                THE SECRETARY:   On page 17, Senator 

10   Golden moves to discharge, from the Committee on 

11   Education, Assembly Bill Number 7756 and 

12   substitute it for the identical Senate Bill 

13   Number 6688, Third Reading Calendar 264.

14                ACTING PRESIDENT SAVINO:   So 

15   ordered.

16                Messages from the Governor.

17                Reports of standing committees.

18                Reports of select committees.

19                Communications and reports from 

20   state officers.

21                Motions and resolutions.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Madam President.  

25                On behalf of Senator Seward, please 


                                                               2439

 1   place a sponsor's star on Calendar Number 512.

 2                ACTING PRESIDENT SAVINO:   So 

 3   ordered.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Madam President, 

 6   at this point in time I'd like to adopt the 

 7   Resolution Calendar, with the exception of 

 8   Resolution 4904, by Senators Skelos, Klein and 

 9   Stewart-Cousins; 5012, by Senator Kennedy; and 

10   4888, by Senator Hassell-Thompson.

11                ACTING PRESIDENT SAVINO:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolutions 4904, 5012, and 

14   4888, signify by saying.

15                (Response of "Aye.")

16                ACTING PRESIDENT SAVINO:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT SAVINO:   Senator 

20   Libous, the Resolution Calendar is adopted.

21                SENATOR LIBOUS:   Thank you, 

22   Madam President.  

23                Could we now take up Resolution 

24   4904, by Senators Skelos, Klein and 

25   Stewart-Cousins.  Could we have it read in its 


                                                               2440

 1   entirety, and I believe that Senators Klein, 

 2   Stewart-Cousins and Little would like to speak.

 3                ACTING PRESIDENT SAVINO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 4904, by Senators Klein, Skelos 

 7   and Stewart-Cousins, congratulating the 2014 

 8   New York State Senate Women of Distinction.  

 9                "WHEREAS, It is the sense of this 

10   Legislative Body to acknowledge and celebrate 

11   Women of Distinction who significantly add 

12   inspiration and encouragement to the people of 

13   this great Empire State; and 

14                "WHEREAS, The New York State Senate 

15   Women of Distinction program was created in 1998 

16   as part of our state celebration of Women's 

17   History Month to honor exemplary women from 

18   across New York State whose singular professional 

19   or personal achievements, commitment to 

20   excellence and accomplishments merit special 

21   recognition; honorees are selected from 

22   nominations submitted from across the state; and 

23                "WHEREAS, Women of  every economic, 

24   ethnic and religious background have made  

25   significant contributions that are reflected 


                                                               2441

 1   across all aspects of society; and 

 2                "WHEREAS, It is the custom of this 

 3   Legislative Body to pay tribute to individuals of  

 4   remarkable character, who have shown initiative 

 5   and commitment in constantly pursuing higher 

 6   goals for themselves as well as acting as role 

 7   models to all women in their community; and 

 8                "WHEREAS, The New York State Senate 

 9   takes this opportunity to congratulate Gail 

10   Adamoschek, Seema Agnani, Patricia Aitken, 

11   Jessica A. Allen, Gloria Alston, Sister Marie 

12   Antoinette, Jane Backus, Mary Alice Bellardini, 

13   Marissa Bernowitz, Deanna Alterio Brennen, Susan 

14   K. Brown, Ph.D., Danielle Butin, Dorothy Button, 

15   Anna Cali, Fortuna Calvo-Roth, Bettye Canestaro, 

16   Andrea Curran, Lakia T. Echols, Georgina Falu, 

17   Ph.D., Kristine B. Giotto, Constance Glasgow, 

18   M.D., Carin Guarasci, Adjoa Esinam Gzifa, Alyce 

19   Ingram, Indu Jaiswal, Diane Kuppermann, Sung Eun 

20   Grace Lee (posthumously), Helene S. Leonardi, 

21   Cindy Abbott Letro, Debra Liegl, Michelle 

22   McClymont, Sheila Meegan, Julie Menin, Hazel 

23   Miura, Judith O'Rourke, Elizabeth R. OuYang, 

24   Filomena Piscitelli, the Honorable A. Gail 

25   Prudenti, Josephine Pucci, Marisa Redanty, 


                                                               2442

 1   Theresa M. Reichel, Lee Roberts, Beatrice 

 2   Ruberto, Meghan Izzo Russo, Mary Anne Sears, 

 3   Shirley Seney, Esmeralda Simmons, Pat Singer, 

 4   Margaret Skinner, Luader Smith, Lauren R. Snyder,  

 5   Geri Spino, Barbara Sush, Alana Sweeny, Irma 

 6   Waldo, M.D., Rose Marie Walker, Mary Whittier, 

 7   Patricia Williams, and Judy Zangwill as 2014 

 8   New York State Senate Women of Distinction, to be 

 9   celebrated on Tuesday, May 13, 2014, at the 

10   Annual Women of Distinction Awards Ceremony in 

11   The Well of the Legislative Office Building; and 

12                "WHEREAS, Women have become part of 

13   New York's lasting heritage by fighting against 

14   stereotypes, prejudice, and seemingly  

15   insurmountable obstacles; and 

16                "WHEREAS, From the women's suffrage 

17   movement just over 150 years ago to the present 

18   day, women have played and continue to play a 

19   crucial role in adding strength, understanding, 

20   and inspiration to the diversity and quality of 

21   life of the people of the State of New York; and 

22                "WHEREAS, New York State has been, 

23   and continues to be, the home to many 

24   distinguished women who have made their mark in 

25   history as pioneers in their field, therefore 


                                                               2443

 1   laying the foundation for women after them to 

 2   succeed; and 

 3                "WHEREAS, This Legislative Body 

 4   recognizes that New York State is the home to 

 5   countless women who are strong and colorful 

 6   threads, vital to the fabric of our rich 

 7   heritage, who have contributed, and continue to 

 8   add to the advancement of our culture through 

 9   their traditional and nontraditional roles in 

10   society; and 

11                "WHEREAS, It is the sense of this 

12   Legislative Body that those who enhance the 

13   well-being and vitality of their community and 

14   have shown a long and sustained commitment to 

15   excellence certainly have earned the recognition 

16   and applause of all the citizens of this great 

17   Empire State; now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to congratulate 

20   the 2014 New York State Senate Women of 

21   Distinction; and be it further  

22                "RESOLVED, That copies of this  

23   resolution, suitably engrossed, be transmitted to 

24   the aforementioned Women of Distinction."

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               2444

 1   Klein.

 2                SENATOR KLEIN:   Thank you, 

 3   Madam President.  

 4                This is truly a very important day.  

 5   And I'm looking forward to -- I know the ceremony 

 6   is taking place a little later.  

 7                But I don't think there's any secret 

 8   that New York State has been home to women of 

 9   great distinction for centuries.  Susan B. 

10   Anthony was a teacher in Hardscrabble.  The great 

11   Eleanor Roosevelt was born in Midtown Manhattan.  

12   Lucille Ball called Chautauqua County home.  And 

13   Harriet Tubman started a revolution from her 

14   living room in Auburn.  

15                These women were trailblazers, 

16   pioneers, and most of all beacons of light in the 

17   lives of millions of Americans.  Today the 

18   tradition continues with New York women in 

19   academics, business, science and medicine, public 

20   life and the arts, leading the way with their 

21   grace, intelligence and resolve to improve the 

22   lives of others.  

23                And so it is our great privilege to 

24   take time for this important annual event when we 

25   honor those who give so much with the Women of 


                                                               2445

 1   Distinction Awards.  The Women of Distinction 

 2   Awards acknowledge the professional and personal 

 3   achievements of notable women across the State of 

 4   New York.  

 5                This evening we will personally 

 6   acknowledge and celebrate each of our individual 

 7   nominees at a reception in their honor.  The 

 8   contributions and commitment of these 

 9   extraordinary women not only stand as a tribute 

10   to those who have paved the way before them, but 

11   is a source of inspiration for the young women of 

12   the next generation.  They encourage us by their 

13   example, and we are fortunate that they have 

14   shared their tremendous talent and we are 

15   grateful for their continued service to our great 

16   state.  

17                Thank you, Madam President.

18                ACTING PRESIDENT SAVINO:   Senator 

19   Stewart-Cousins.

20                SENATOR STEWART-COUSINS:   Thank 

21   you, Madam President.

22                It's certainly an honor to join with 

23   my colleagues Senator Skelos and Senator Klein in 

24   recognizing these great women who will be honored 

25   tonight.


                                                               2446

 1                Today is one of those days that we 

 2   get to celebrate women -- women from the past, 

 3   women of the present who inspire the women of the 

 4   future.  

 5                And I know Senator Klein was 

 6   mentioning women who have come before us, and I 

 7   have a few too.  Sojourner Truth.  And Eleanor 

 8   Roosevelt was mentioned, and Susan B. Anthony.  

 9   Shirley Chisholm, Geraldine Ferraro.  Ella 

10   Fitzgerald, who was a Yonkers girl like I am.  

11   Justice Sonia Sotomayor.  And so many others who 

12   have inspired us and have really blazed a trail.  

13   I'll even mention Hillary Rodham Clinton while 

14   I'm talking about trailblazing women.  

15                So tonight we'll be honoring women 

16   from all walks of life.  And you've made 

17   contributions which we will get a chance to 

18   celebrate and to tell everyone about.  And so to 

19   all of my honorees, congratulations.  Thank you 

20   for being part of this great legacy of New York's 

21   women.  

22                And certainly to all of my 

23   colleagues I say, as we always say, let's work 

24   together to make sure that we protect, respect, 

25   uplift, honor and applaud these women and the 


                                                               2447

 1   next inspirational generation of New York's 

 2   trailblazers every day that we work in this 

 3   chamber.  

 4                Thank you so much.

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   Little.

 7                SENATOR LITTLE:   Thank you, 

 8   Madam President.  

 9                I'm really pleased to stand here as 

10   we talk about tonight's event, because tonight we 

11   are continuing a tradition that this Senate 

12   started in 1988, a New York State Women of 

13   Distinction program.  And we did that following 

14   Women's History Week, when we talk about the 

15   women throughout history who have contributed so 

16   much to our state.  

17                So it's fitting that we here today 

18   acknowledge the women in our districts who 

19   continue to make a difference through their 

20   professional and personal achievements.  And 

21   those achievements certainly merit special 

22   recognition, which we will give them tonight.

23                Women throughout history and even 

24   today continue to have a crucial role.  Their 

25   strength, their understanding, and their 


                                                               2448

 1   inspiration I believe are what gets them into the 

 2   positions that we are honoring them for.

 3                Many of the women that we are going 

 4   to talk about tonight had their beginnings in a 

 5   committee, on a school board, as part of a 

 6   volunteer organization and saw that they could 

 7   contribute more and more as they went forward.  

 8   They were willing to step forward, to participate 

 9   more, and to contribute to these organizations, 

10   to their community, and to New York State.

11                We have a wide group of women with 

12   all diverse backgrounds and different 

13   organizations and different ways that they have 

14   contributed to our state.  But not only are we 

15   celebrating them for what they are doing and have 

16   done, but we're honoring them because they will 

17   serve as role models for the young women of 

18   New York State, so that they will look to these 

19   women and understand that they too can step 

20   forward, they too can participate, they too can 

21   contribute to the quality of life that we have in 

22   New York State.

23                So tonight we'll all join together 

24   and honor a very, very special group of women.  

25   Thank you.


                                                               2449

 1                ACTING PRESIDENT SAVINO:   Senator 

 2   Smith.

 3                SENATOR SMITH:   Thank you very 

 4   much, Madam President.  

 5                And I rise also to acknowledge the 

 6   Women of Distinction this month.  In particular, 

 7   I know that there are many women who are being 

 8   honored that are here in Albany, and obviously 

 9   there are many women in this chamber that would 

10   be so deserving of that honor as well.  

11                However, I do want to rise just to 

12   lift a little information about one of the 

13   honorees, one from my district by the name of 

14   Adjoa Gzifa.  And the reason why I rise for that 

15   today is because you know much has been made 

16   about "Bring Our Girls Home" from Nigeria, the 

17   276 women and young ladies who have been 

18   abducted.  

19                Adjoa goes to Ghana once a year, 

20   which is about four hours from Nigeria, where she 

21   has opened up a school for Ghanaian individuals.  

22   She started out in 2005 and is now up to 

23   550 students, where she and the young lady who is 

24   here today will be honored.  

25                And the tragedy of what is going on 


                                                               2450

 1   in Nigeria, I felt it was just fitting that 

 2   Adjoa, who is also obviously taking her life at 

 3   risk going over to Africa in that region and 

 4   starting that school, should be lifted up on this 

 5   day.  And I thank all of members who will be 

 6   honoring them, and I thank Adjoa for what she has 

 7   done for these 500 youngsters over in Africa.

 8                God bless you.

 9                ACTING PRESIDENT SAVINO:   Thank 

10   you, Senator Smith.  

11                Are there any other members wishing 

12   to be heard on the resolution?

13                Seeing none, the question is on the 

14   resolution.  All in favor signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT SAVINO:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT SAVINO:   The 

20   resolution is adopted.

21                Senator Libous.

22                SENATOR LIBOUS:   Thank you, 

23   Madam President.  

24                And let's see here.  We will now go 

25   to Senator Carlucci, Resolution Number 4494, 


                                                               2451

 1   previously adopted.  And if we could have the 

 2   title read, and I believe Senator Carlucci would 

 3   like to speak on the resolution.

 4                ACTING PRESIDENT SAVINO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 4494, by Senator Carlucci, 

 8   congratulating Josephine Pucci of Pearl River, 

 9   New York, upon the occasion of capturing a Silver 

10   Medal as part of the United States Hockey Team at 

11   the 2014 Winter Olympic games at Sochi, Russia.

12                ACTING PRESIDENT SAVINO:   Senator 

13   Carlucci.

14                SENATOR CARLUCCI:   Thank you, 

15   Madam President.  

16                It's an absolute honor and a 

17   privilege to welcome Josephine Pucci and her 

18   mother Ursula here to the Senate chambers.  

19                Josephine was part of the team that 

20   captured the Silver Medal at the Sochi Winter 

21   Olympics 2014 as part of the Women's U.S. Hockey 

22   Team.  

23                And what's really exciting about 

24   that is Josephine grew up in Pearl River, 

25   New York, in Rockland County, and always had a 


                                                               2452

 1   passion for ice skating.  And when she was five 

 2   years old, her father gave her a gift of a hockey 

 3   stick and a helmet, and it really ignited her 

 4   passion towards playing hockey.  

 5                But obviously it was hard to find a 

 6   women's hockey team at a young age in Rockland 

 7   County.  But she wound up teaming up with a boys 

 8   hockey team and traveling around and really 

 9   honing her skills, and then going to Harvard 

10   University, where this year she'll be going back 

11   to Harvard as the team captain for the women's 

12   hockey team at Harvard.

13                So it's really exciting and a real 

14   distinction and honor, what she's achieved at 

15   such a young age.  But it really goes further 

16   than that, because Josephine had experienced TBI, 

17   or traumatic brain injury, as a result of playing 

18   hockey.  

19                And what's really remarkable about 

20   Josephine is that she turned that struggle into a 

21   real positive.  And because of her experience in 

22   the Olympics, she's really been able to use that 

23   as a spotlight to focus on the results of what's 

24   happening to young people in our athletic systems 

25   around the country in regards to TBI, or 


                                                               2453

 1   traumatic brain injury.  

 2                So Josephine now is focusing her 

 3   studies at Harvard University on how she can help 

 4   impact --

 5                ACTING PRESIDENT SAVINO:   Excuse 

 6   me, Senator Carlucci.  

 7                Could we have some quiet in the 

 8   chamber, please.

 9                SENATOR CARLUCCI:   Thank you, 

10   Madam President.  

11                And Josephine is focusing her 

12   studies at Harvard University now on how she can 

13   really advocate for change in making sure that 

14   student athletes have the protection, have the 

15   precautions in preventing traumatic brain injury 

16   and also, for those that do experience it, how we 

17   can improve the quality of their lives.  

18                So it's a great honor and privilege 

19   to have with us Josephine Pucci.  And we thank 

20   you for your dedication to our community and for 

21   your commitment and advocacy for the future.  

22                So thank you, Josephine.

23                (Standing ovation.)

24                ACTING PRESIDENT SAVINO:   Thank 

25   you.  


                                                               2454

 1                And welcome to Josephine and her 

 2   mother, who are here in the chamber with us 

 3   today.

 4                Are there any other members wishing 

 5   to be heard on the resolution?  

 6                Seeing none, the question is on the 

 7   resolution.  All those in favor signify by saying 

 8   aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT SAVINO:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT SAVINO:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   We adopted that 

17   one twice.

18                Madam President, I want to open that 

19   resolution up for cosponsorship, and I want to 

20   open the previous one, for the Women of 

21   Distinction.  

22                So if there's a member in the 

23   chamber who wishes not to be on either 

24   resolution, please let the desk know.  Otherwise, 

25   everybody will be on both of those resolutions.


                                                               2455

 1                ACTING PRESIDENT SAVINO:   Thank 

 2   you, Senator Libous.  All members will be on the 

 3   resolutions unless they choose otherwise.

 4                Senator Libous.

 5                SENATOR LIBOUS:   I believe I'd like 

 6   to take up Resolution 5012, by Senator Kennedy, 

 7   read the title and then call on Senator Kennedy 

 8   to make some remarks.

 9                ACTING PRESIDENT SAVINO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 5012, by Senator Kennedy, 

13   commending the Homeless Alliance of Western 

14   New York upon the occasion of its Hands Across 

15   Buffalo event, to be held on May 17, 2014.

16                ACTING PRESIDENT SAVINO:   Senator 

17   Kennedy.

18                SENATOR KENNEDY:   Thank you, 

19   Madam President.  

20                I rise today to celebrate the 

21   22nd anniversary of the Homeless Alliance of 

22   Western New York.  The Homeless Alliance has been 

23   able to secure substantial funds from the 

24   United States Department of Housing and Urban 

25   Development over the last five years, and they 


                                                               2456

 1   direct these funds to area providers that have 

 2   served over 25,000 clients.  

 3                Dedicated to eradicating poverty, 

 4   the Homeless Alliance has developed Opening 

 5   Doors:  Buffalo and Erie County Plan to End 

 6   Homelessness, and they're working closely with 

 7   local government and nonprofit partners to make 

 8   this vision a reality.  

 9                This is an alliance of over a 

10   hundred partners, ranging from service providers, 

11   government agencies and the private sector, all 

12   dedicated to helping their neighbors who are 

13   experiencing extreme poverty and homelessness.  

14   The alliance provides over 1100 permanent 

15   supportive housing beds, 500 transitional housing 

16   beds, and over 500 emergency shelter beds in Erie 

17   and Niagara Counties.  

18                The Homeless Alliance is also a 

19   proud sponsor and organizer of the Hands Across 

20   Buffalo, an event dedicated to promoting unity 

21   and building a community committed to a better 

22   understanding of race and poverty.  

23                On May 17th, they'll rally about 

24   7,000 people to join hands across the length of 

25   Ferry Street from Niagara River to Bailey Avenue 


                                                               2457

 1   in the City of Buffalo.  This location is 

 2   significant in that it crosses several racially 

 3   and economically diverse neighborhoods, including 

 4   communities that were once key stops on the 

 5   Underground Railroad.  

 6                It will prove to be a tremendous 

 7   real-life metaphor, the City of Good Neighbors 

 8   standing together hand in hand, united in our 

 9   dedication to building a city that offers all 

10   residents a fair shot and equal opportunity for a 

11   brighter future.  A city where the progress and 

12   positive momentum spreads from downtown into all 

13   of our neighborhoods, a city where working 

14   families thrive and resurgent neighborhoods 

15   prosper, a city committed to the vision advanced 

16   by Homeless Alliance of Western New York, ending 

17   poverty and eliminating homelessness.  

18                We wish the Homeless Alliance 

19   tremendous success for this historic event, and 

20   we're proud to commend the Homeless Alliance as 

21   the leading advocate for those experiencing 

22   homelessness in Erie and Niagara Counties, and 

23   for all that they do to improve the quality of 

24   life in our communities and across the great 

25   State of New York.


                                                               2458

 1                Thank you, Madam President, and I'd 

 2   like to open up this resolution for 

 3   cosponsorship.

 4                ACTING PRESIDENT SAVINO:   Thank 

 5   you, Senator Kennedy.

 6                Are there any other members wishing 

 7   to be heard on the resolution?  

 8                Seeing none, the question is on the 

 9   resolution.  All those in favor signify by saying 

10   aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT SAVINO:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT SAVINO:   The 

16   resolution is adopted.  

17                And as Senator Kennedy has 

18   indicated, the resolution is open up to 

19   multisponsorship.  Anyone wishing not to be on 

20   the resolution please see the desk.

21                Senator Libous.

22                SENATOR LIBOUS:   Madam President, 

23   thank you.  

24                At this time we have another 

25   resolution before the house, Resolution 4888, by 


                                                               2459

 1   Senator Hassell-Thompson.  Could we please read 

 2   the title and call on Senator Hassell-Thompson.

 3                ACTING PRESIDENT SAVINO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 4888, by Senator 

 7   Hassell-Thompson, honoring Lavinia Smith upon the 

 8   occasion of being selected as Westchester County 

 9   2014 Senior Citizen of the Year by the New York 

10   State Office for the Aging.

11                ACTING PRESIDENT SAVINO:   Senator 

12   Hassell-Thompson.

13                SENATOR HASSELL-THOMPSON:   Thank 

14   you, Madam President.

15                I rise to honor Lavinia Smith upon 

16   the occasion of being elected, as you've heard, 

17   the Westchester County 2014 Senior Citizen of the 

18   Year by the New York State Office for the Aging.

19                Lavinia Smith is someone that many 

20   of you who have been here for a while may 

21   recognize.  She's about 4 feet tall.  This year 

22   she's 91 years old.  And for 12 of the 14 years 

23   that I've been here in the Senate, she has come 

24   with fourth- and fifth-graders from our school 

25   district as a part of an intergenerational 


                                                               2460

 1   program that she created for seniors between the 

 2   ages of 62 and 92.  

 3                And she's about to age out of her 

 4   own program and her own design, but she has not 

 5   aged out of the commitment that she has to the 

 6   young people in our city.

 7                Senior citizens bring a wealth of 

 8   experience and knowledge to the increasingly 

 9   active roles that they play in today's society.  

10   And to know that a 91-year-old who may not be 

11   able to walk the long corridors -- because now we 

12   have these policies that don't allow the buses to 

13   stop on State Street, and she has to walk all the 

14   way from Madison, and that whole corridor is just 

15   a little bit too far for her to walk.  But she is 

16   extraordinary in being there at the buses when 

17   they leave Mount Vernon, cheering the young 

18   people on.  

19                But she has created an 

20   intergenerational program where parents and 

21   grandparents work with the school districts to 

22   assist children, and not just in their 

23   educational endeavors, but also in deportment.  

24   She is very interested in how they behave and how 

25   they comport themselves when they're in public.  


                                                               2461

 1   And so she has been quite an instrument of change 

 2   for many of our young people.  And for the last 

 3   26 years, she has dedicated her life to improving 

 4   the lives of children in her community.

 5                I first officially met Lavinia Smith 

 6   when I was in my first year in the city council 

 7   in the City of Mount Vernon, and she invited me 

 8   to her first intergenerational program and asked 

 9   me to speak to the young people.  And from there, 

10   she introduced me to the school districts.  

11                And we do a social studies program 

12   each year, and we do a voting.  We create booths 

13   so that the students can vote, have an awareness 

14   of who the candidates are and vote, whether 

15   they're blue or red.  They carry out their civic 

16   responsibility, and it teaches them the 

17   importance of voting and understanding the 

18   issues.  

19                She's an extraordinary human being.  

20   And even though her voice is a little softer, it 

21   is not less commanding when she talks to the 

22   children.  And most of them in the fifth grade 

23   are taller than she, but she still commands their 

24   respect.  And they call her Miss Lavinia.  

25                She grew up in Harlem, and I thought 


                                                               2462

 1   that Senator Perkins would have been glad to meet 

 2   her today, because she was actually born in 

 3   Harlem and she came to live in Mount Vernon in 

 4   1965.  But from that day to this, she continues 

 5   to be a stalwart, committed person to the young 

 6   people and to the future of our generations.  

 7                So I thank you, Madam President, for 

 8   sharing with this audience the life of Lavinia 

 9   Smith.  And I thank this body for supporting this 

10   resolution as she becomes 2014's Senior of the 

11   Year.  Thank you.

12                ACTING PRESIDENT SAVINO:   Thank 

13   you, Senator Hassell-Thompson.

14                Are there any other members wishing 

15   to be heard on the resolution?  

16                Seeing none, the question is on the 

17   resolution.  All those in favor signify by saying 

18   aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT SAVINO:   Opposed, 

21   nay.  

22                (No response.)

23                ACTING PRESIDENT SAVINO:   The 

24   resolution is adopted.

25                Senator Libous.


                                                               2463

 1                SENATOR LIBOUS:   Madam President, I 

 2   believe that Senator Gipson has Resolution 4045 

 3   at the desk.  He would like it read in its 

 4   entirety.  I believe it was previously adopted.  

 5   And he would like to speak on it today.

 6                ACTING PRESIDENT SAVINO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 4045, by Senator Gipson, 

10   memorializing the life and accomplishments of 

11   Leonard W. Peluso, distinguished citizen and 

12   devoted member of his community.  

13                "WHEREAS, It is the custom of this 

14   Legislative Body to pay tribute to citizens of 

15   the State of New York whose lifework and civic 

16   endeavor served to enhance the quality of life in 

17   their communities and the great State of 

18   New York; and 

19                "WHEREAS, Leonard W. Peluso, a  

20   longtime resident of Staatsburg, New York, died 

21   on Saturday, September 25, 2004, at the age of 

22   88; and 

23                "WHEREAS, Leonard W. Peluso was born  

24   in  Poughkeepsie, New York, on October 31, 1915; 

25   and 


                                                               2464

 1                "WHEREAS, He was the proud son of 

 2   Francesco and Antoinette DePaolo Peluso, and one 

 3   of 13 children; and 

 4                "WHEREAS, He graduated from the 

 5   St. Peter's Boys School and Poughkeepsie High 

 6   School in Poughkeepsie, New York; and 

 7                "WHEREAS, He attended and graduated 

 8   from the Hudson River State Hospital School of 

 9   Nursing in 1939, earning a degree in nursing; and 

10                "WHEREAS, Leonard W. Peluso was 

11   employed as a registered nurse before retiring in 

12   1977, after 42 years of dedicated service to the 

13   Hudson River State Hospital in Poughkeepsie, 

14   New York; and 

15                "WHEREAS, Prior to his illustrious 

16   career, Leonard W. Peluso served honorably as a 

17   member of the United States Army as part of the 

18   32nd Medical Battalion and the 231st General 

19   Hospital Unit during World War II in both the 

20   European and Pacific theaters from February 1942 

21   to January 1946, achieving the rank of first 

22   sergeant; and 

23                "WHEREAS, His military service 

24   earned him many decorations, including the  

25   American Service Medal, Asiatic Pacific Service 


                                                               2465

 1   Medal, European-African-Middle Eastern Medal, 

 2   the Good Conduct Medal, and the Philippines 

 3   Liberation Ribbon; and 

 4                "WHEREAS, He married Rena R. 

 5   Porfirio on September 19, 1948, at St. Paul's 

 6   Church in Staatsburg, New York; they were married 

 7   for 56 years at the time of his passing; and 

 8                "WHEREAS, A lifelong resident  of  

 9   Staatsburg, Rena R. Peluso died Monday, July 10, 

10   2006, at Northern Dutchess Hospital in Rhinebeck, 

11   New York; and 

12                "WHEREAS, Leonard W. Peluso was a 

13   life member of the John Livingston American 

14   Legion Post 1466, where he served as vice  

15   commander and chaplain; and 

16                "WHEREAS, In addition, he served as 

17   Dutchess County American Legion commander from 

18   1986 to 1987, as well as chaplain and trustee; 

19   was a member of the Dutchess County Veteran 

20   Affairs Committee; and served as a life member, 

21   trustee, and chaplain of former VFW Post No. 6916  

22   in LaGrange, New York; and 

23                "WHEREAS, From 1977-1978, Leonard W. 

24   Peluso served the Town of Hyde Park as a 

25   councilman, and was a member of the Hyde Park 


                                                               2466

 1   AARP; and 

 2                "WHEREAS, Leonard W. Peluso devoted 

 3   countless amounts of time in service to his 

 4   community through the Golden Age Singing Society, 

 5   Hudson River State Hospital Nurses Alumni 

 6   Association, Hudson River Psychiatric Center 

 7   Historical Association, Dinsmore Fire Hose 

 8   Company, Staatsburg Rescue Squad, Staatsburg 

 9   Board of Fire Commissioners, and Dutchess County 

10   Fire District Officers; and 

11                "WHEREAS, He remained committed to 

12   being a first responder in countless ways, 

13   including as an American Red Cross local 

14   volunteer first aid instructor and past chapter 

15   service representative, along with being a 

16   nationally registered American Red Cross Disaster 

17   Services volunteer; and 

18                "WHEREAS, Leonard W. Peluso was 

19   always a proud American and New Yorker who was 

20   happy to serve his nation, his state, and his 

21   local community throughout his life; and 

22                "WHEREAS, Predeceased by seven 

23   brothers and three sisters, Leonard W. Peluso is 

24   survived by two daughters, Maria Carparelli 

25   (Michael), and Theresa Rosencrans (Jeffrey); two 


                                                               2467

 1   sons, Leonard R. Peluso (Beatrice), and Peter J. 

 2   Peluso (Karen); four grandchildren -- Tina Denu 

 3   (Kevin), Alyson, Jessica and Matthew Peluso -- 

 4   and three great-grandchildren -- Granville Denu,  

 5   Danielle Denu, and Natalie LoPresti -- one 

 6   brother, Vincent Peluso (C. Gina), and a sister, 

 7   Regina Peluso, as well as many nieces and 

 8   nephews; and 

 9                "WHEREAS, It is the sense of this 

10   Legislative Body to convey its grateful 

11   appreciation and heartfelt regret in recognition 

12   of the loss of this courageous veteran and healer 

13   who dedicated his purposeful life and career in 

14   faithful service to his family and community; 

15   now, therefore, be it 

16                "RESOLVED, That this Legislative 

17   Body pause in its deliberations to memorialize 

18   the life and accomplishments of Leonard W.  

19   Peluso, distinguished citizen and devoted member 

20   of his community, and to express its deepest 

21   condolences to his family; and be it further 

22                "RESOLVED, That a copy of this 

23   Resolution, suitably engrossed, be transmitted to 

24   the family of Leonard W. Peluso."

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               2468

 1   Gipson on the resolution.

 2                SENATOR GIPSON:   Thank you, 

 3   Madam President.  

 4                Leonard Peluso spent 42 years in 

 5   dedicated service to the Hudson River State 

 6   Hospital in Poughkeepsie as a registered nurse.  

 7   He married and raised a family in Dutchess County 

 8   and was an esteemed member of our community.  

 9                But prior to this, Leonard Peluso 

10   served honorably as a member of the United States 

11   Army as part of the 32nd Medical Battalion and 

12   the 231st General Hospital Unit during World 

13   War II in both the European and Pacific Theaters 

14   from February 1942 to January 1946, achieving the 

15   rank of first sergeant.  He was awarded the 

16   American Service Medal, the Asiatic Pacific 

17   Service Medal, the European-African-Middle 

18   Eastern Medal, the Good Conduct Medal, and the 

19   Philippines Liberation Ribbon.  

20                However -- and this is important -- 

21   because he was a male nurse, military regulations 

22   at the time prevented him from becoming a 

23   commissioned officer, despite his qualifications 

24   and the rank of first sergeant and the fact that 

25   his female comrades were commissioned.  At the 


                                                               2469

 1   time, the War Department stated that there was no 

 2   possibility of considering the relative rank of 

 3   commissioned officers for male nurses.  

 4                Leonard Peluso never let this 

 5   prevent him from becoming and continuing to serve 

 6   his military and his country honorably.  He was a 

 7   trailblazer for men in the nursing profession and 

 8   always remained dedicated to his family, patients 

 9   and community.  It would not be until after 

10   World War II, in 1955, that the Army Nurse Corps 

11   commissioned its first male officer.  

12                Leonard passed away in 2005, before 

13   being able to receive the recognition he 

14   deserved.  But today we are honor to have in our 

15   chambers three generations of Leonard's family.  

16   We have Leonard R. Peluso and his wife, Beatrice; 

17   we have his daughter Theresa Rosencrans; we have 

18   his Granddaughter Tina Denu and his 

19   great-grandchildren Granville and Danielle Denu.  

20                Madam President, I would ask that 

21   you and my colleagues join me in a round of 

22   applause recognizing the life of Leonard Peluso 

23   and his service to his grateful, nation, state 

24   and community.  

25                Thank you.


                                                               2470

 1                (Applause.)

 2                ACTING PRESIDENT SAVINO:   Thank 

 3   you, Senator Gipson.  

 4                This resolution was previously 

 5   adopted on March 18, 2014.  

 6                And we welcome the Peluso family 

 7   here to the Senate chamber and we offer them the 

 8   courtesies of the house.

 9                Senator Libous.

10                SENATOR LIBOUS:   Thank you, 

11   Madam President.  

12                We have one more resolution to take 

13   up today -- it was also previously adopted -- by 

14   Senator Kennedy, Resolution Number 4176.  Senator 

15   Kennedy would like it read in its entirety, and 

16   then he would like to be called on.

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 4176, by Senator Kennedy, 

21   commemorating the 10th Anniversary of the 

22   Enlightenment Literary Arts Center of 

23   South Buffalo, New York.  

24                "WHEREAS, Individuals who give of 

25   their time and energies and serve the best 


                                                               2471

 1   interests of their communities are an asset 

 2   beyond remuneration and cannot be sufficiently 

 3   extolled; and 

 4                "WHEREAS, Tom McDonnell has given 

 5   not only of his time and energies but also of his 

 6   competence, intelligence and leadership and 

 7   consequently has been designated for special 

 8   honor; and 

 9                "WHEREAS, This Legislative Body is 

10   justly proud to commemorate the 10th anniversary 

11   of the Enlightenment Literary Arts Center of 

12   South Buffalo, New York, and to pay special 

13   recognition to its founder, Tom McDonnell, for 

14   his distinguished service to his community; and 

15                "WHEREAS, Enlightenment Literary 

16   Arts Center of South Buffalo, New York was 

17   established in 2003; and 

18                "WHEREAS, Tom McDonnell founded the  

19   organization with a mission to provide programs 

20   designed to develop life skills through reading 

21   with encouragement, facilitation, and education, 

22   while cultivating and supporting the reading and 

23   writing process; and 

24                "WHEREAS, Enlightenment Literary 

25   Arts Center enhances the community by providing 


                                                               2472

 1   reading programs for children of all ages, as 

 2   well as facilitating book clubs for adults and 

 3   family literacy nights for parents and children 

 4   to bond and learn together; and 

 5                "WHEREAS, Truly committed to the 

 6   South Buffalo Community, Tom McDonnell uses his 

 7   own car and resources to deliver books to  

 8   homebound individuals; these books are carefully 

 9   chosen based on each person's likes and dislikes, 

10   and children's books are thoughtfully included 

11   for those with grandchildren; and 

12                "WHEREAS, Enlightenment Literary 

13   Arts Center works in conjunction with schools, 

14   community programs, and centers to provide new 

15   and used books, creating a community of lifelong 

16   readers in South Buffalo; and 

17                "WHEREAS, In addition to the 

18   much-needed repair of the building which is now 

19   home to the Enlightenment Literary Arts Center, 

20   Tom McDonnell and his exemplary organization have 

21   been instrumental in uniting the community; and

22                "WHEREAS, Throughout the entire 

23   period of his community service, a period of 

24   constructive involvement, Tom McDonnell has stood 

25   constant in dignity, good grace and humor; and 


                                                               2473

 1                "WHEREAS, Rare indeed is the 

 2   impressive dedication shown by an individual for 

 3   the benefit of others which Tom McDonnell has 

 4   displayed throughout his life; and 

 5                "WHEREAS, It is the sense of this 

 6   Legislative Body that when organizations and 

 7   individuals of such noble aims and 

 8   accomplishments are brought to our attention, 

 9   they should be celebrated and recognized by all 

10   the citizens of this great Empire State; now, 

11   therefore, be it  

12                "RESOLVED, That this Legislative 

13   Body pause in its deliberations to commemorate 

14   the 10th anniversary of the Enlightenment 

15   Literary Arts Center of South Buffalo, New York, 

16   and to pay special recognition to its founder, 

17   Tom McDonnell, for his distinguished service to 

18   the community; and be it further 

19                "RESOLVED, That a copy of this 

20   resolution, suitably engrossed, be transmitted to 

21   Tom McDonnell, Enlightenment Literary Arts 

22   Center, South Buffalo, New York." 

23                ACTING PRESIDENT SAVINO:   Senator 

24   Kennedy.

25                SENATOR KENNEDY:   Thank you, 


                                                               2474

 1   Madam President.  

 2                I would like to first of all welcome 

 3   my friend and a leader within the Western 

 4   New York community, Tom McDonnell, to the floor 

 5   of the Senate here today as we dedicate this 

 6   resolution to him and the Enlightenment Literary 

 7   Arts Center on their 10-year anniversary of 

 8   service to not just the South Buffalo community 

 9   where the literary arts center is located, but 

10   the greater Western New York community.  

11                Tom is here with us today.  We thank 

12   him for coming down here.  He's a generous man, 

13   someone who cares deeply about our community in 

14   Western New York.  He's a husband and a father.  

15   He has dedicated his life to valuing literacy, to 

16   teaching the value of literacy and reading to all 

17   walks of life, to children as young as two years 

18   old.  

19                And we have so much to be proud of 

20   because of his work.  He has worked with various 

21   organizations -- schools, community groups, 

22   nonprofits -- in order to advance the cause of 

23   reading in our community.  And he doesn't just 

24   talk the talk, he walks the walk.  He lives 

25   literacy.  When you walk into his workplace and 


                                                               2475

 1   you go upstairs and you see 20 young kids 

 2   listening to him, he's sitting there reading to 

 3   these kids, dressed up in various costumes, using 

 4   various octaves to get the point across that 

 5   reading isn't just about the words on a page, 

 6   it's about what those words mean.  

 7                It's about fun.  It's about living 

 8   those words.  It's not just what's taught in the 

 9   school, it's about what individuals read outside 

10   of the school.  It's teaching individuals the 

11   value of reading in their life.  

12                He has dedicated his life to it, to 

13   our community, and it is an impressive resume 

14   that he brings to the table, something that is 

15   extremely rare indeed that we focus on in our 

16   community, and a skill that he has promoted 

17   throughout his entire life.  

18                We thank him for his leadership, for 

19   Dog Ears Bookstore & Cafe that he transformed an 

20   old pizzeria, a dilapidated old building, into a 

21   learning center, a reading center, a literary 

22   arts center, Dog Ears Bookstore & Cafe.  

23                We thank you, Tom, and your family 

24   for the dedication and the focus that you've 

25   brought to our community in Western New York.  


                                                               2476

 1   And we look forward to many, many years to come 

 2   in celebrating the art and the value of reading 

 3   in all of our lives.

 4                Congratulations.

 5                (Applause.)

 6                ACTING PRESIDENT SAVINO:   Thank 

 7   you, Senator Kennedy.  

 8                And welcome to the Senate, 

 9   Tom McDonnell, and your family.

10                This resolution was previously 

11   adopted on March 27th.  

12                Senator Libous.

13                SENATOR LIBOUS:   Madam President, 

14   how are you?

15                ACTING PRESIDENT SAVINO:   I am 

16   fine.

17                SENATOR LIBOUS:   Could we return to 

18   motions and resolutions.

19                ACTING PRESIDENT SAVINO:   We can.

20                SENATOR LIBOUS:   On behalf of 

21   Senator Seward, on page 11 I offer the following 

22   amendments to Calendar Number 123, Senate Print 

23   6408B, and ask that said bill retain its place on 

24   the Third Reading Calendar.

25                ACTING PRESIDENT SAVINO:   So 


                                                               2477

 1   ordered.  

 2                SENATOR LIBOUS:   And, Madam 

 3   President, at this time could we return to the 

 4   reports of standing committees.  

 5                I believe there's a report of the 

 6   Finance Committee at the desk.

 7                ACTING PRESIDENT SAVINO:   Senator 

 8   Libous, there is a report of the Finance 

 9   Committee at the desk.

10                The Secretary will read.

11                THE SECRETARY:   Senator 

12   DeFrancisco, from the Committee on Finance, 

13   reports the following nomination.  

14                As member of the New York State 

15   Gaming Commission, Peter J. Moschetti, Jr., of 

16   Saratoga Springs.

17                ACTING PRESIDENT SAVINO:   Senator 

18   DeFrancisco.

19                SENATOR DeFRANCISCO:   Thank you.

20                I would move the nomination of Peter 

21   Moschetti for a new appointment as a member of 

22   the New York State Gaming Commission.  

23                He came before the Senate Finance 

24   Committee and he was unanimously approved at that 

25   meeting, and I would urge everyone to support him 


                                                               2478

 1   in this position.

 2                Thank you.

 3                ACTING PRESIDENT SAVINO:   Senator 

 4   Marchione.

 5                SENATOR MARCHIONE:   Thank you, 

 6   Madam President.

 7                I rise to support the nomination 

 8   before us of Peter Moschetti, Jr., to serve on 

 9   the New York State Gaming Commission as well.

10                Mr. Moschetti resides in Saratoga 

11   Springs.  He is a constituent of mine.  And you 

12   know, I'm pleased to offer my support and cast my 

13   vote in support of his nomination to serve on the 

14   Gaming Commission.  

15                He is highly experienced, qualified 

16   and capable.  He is a founding member of the law 

17   firm of Anderson, Moschetti & Taffany.  Over the 

18   years, he has secured many multi-million-dollar 

19   verdicts and settlements in personal injury cases 

20   and has achieved record-setting verdicts in a 

21   number of Capital Region counties, including a 

22   verdict of more than $15.8 million.

23                Mr. Moschetti has served as a 

24   prosecutor in the Nassau District Attorney's 

25   office and since then has focused on the trial of 


                                                               2479

 1   personal injury and wrongful death cases.  He 

 2   also has been appointed as a special criminal 

 3   prosecutor in a number of high-profile criminal 

 4   cases in the Capital District.  And he has 

 5   successfully tried many criminal cases in state 

 6   and federal court.

 7                Every year since 2007, Mr. Moschetti 

 8   has been named one of the Top 25 Lawyers in the 

 9   Hudson Valley by the New York Super Lawyers 

10   magazine.  He's received the highest possible 

11   rating by Martindale-Hubbell for both his 

12   impressive legal ability and his high ethical 

13   standards.  

14                Since 1987, Mr. Moschetti has been a 

15   lecturer, helping lawyers with continuing legal 

16   education in the areas of civil and criminal law, 

17   and has been a frequent guest lecturer at Albany 

18   Law School.  He's represented clients and argued 

19   appeals in the New York Court of Appeals and in 

20   the Second and Third Departments of the Appellate 

21   Division of the State of New York and the U.S. 

22   Second Circuit Court of Appeals.  

23                He's a member of many bar 

24   associations.  He's an honor graduate of the 

25   University of New Haven, Connecticut, and also a 


                                                               2480

 1   honors graduate of Albany Law School.  

 2                He was nominated to serve the Gaming 

 3   Commission by Governor Andrew Cuomo and received 

 4   the unanimous support this morning of the Racing 

 5   and Wagering Committee.  

 6                I'm proud to support the nomination 

 7   before us of my constituent, Peter Moschetti of 

 8   Saratoga Springs, to serve on the New York State 

 9   Gaming Commission.

10                Thank you.

11                ACTING PRESIDENT SAVINO:   Thank 

12   you, Senator Marchione.

13                Senator Farley on the nomination.

14                SENATOR FARLEY:   Thank you, 

15   Madam President.  

16                I also rise to support this 

17   nomination.  As somebody that represents half of 

18   Saratoga County and a very small slice of 

19   Saratoga Springs -- which Peter is not a resident 

20   of -- he is representing the premier racing 

21   capital, I think, of the world:  Saratoga.  And 

22   nobody is better qualified and comes with a 

23   better resume than Peter Moschetti.  

24                We're fortunate to have somebody 

25   willing to serve the State of New York with such 


                                                               2481

 1   competence.  And particularly it's exciting to 

 2   see somebody from Saratoga on this board because, 

 3   as I said, Saratoga Racetrack is truly one of the 

 4   premier racing venues in the world.  

 5                And it's with pleasure that I 

 6   support this nomination.

 7                ACTING PRESIDENT SAVINO:   Thank 

 8   you, Senator Farley.

 9                Are there any other members wishing 

10   to be heard on the nomination?  

11                Seeing none, the question is on the 

12   nomination of Peter J. Moschetti, Jr., as a 

13   member of the New York State Gaming Commission.  

14   All those in favor signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT SAVINO:   Opposed, 

17   nay.

18                (No response.)

19                ACTING PRESIDENT SAVINO:   Peter J. 

20   Moschetti, Jr., is hereby confirmed as a member 

21   of the New York State Gaming Commission.  

22                Congratulations.  

23                (Applause.)

24                ACTING PRESIDENT SAVINO:   The 

25   Secretary will read.


                                                               2482

 1                THE SECRETARY:   As members of the 

 2   Adirondack Park Agency, Karen M. Feldman, of 

 3   Hudson, and William H. Thomas, of North Creek.

 4                ACTING PRESIDENT SAVINO:   Senator 

 5   DeFrancisco.

 6                SENATOR DeFRANCISCO:   I move each 

 7   of these nominations.  They passed unanimously in 

 8   the Finance Committee.

 9                ACTING PRESIDENT SAVINO:   Senator 

10   Little on the nominations.

11                SENATOR LITTLE:   Thank you, 

12   Madam President.  

13                I would like to thank the Governor 

14   for the reappointment of these two individuals to 

15   the Adirondack Park Agency.  

16                Mr. Thomas is a resident of 

17   Johnsburg -- lifelong resident -- within the 

18   Adirondack Park, and holds one of the five 

19   residential seats on the Park Agency.  He has 

20   been supervisor of the town, chairman of the 

21   Board of Supervisors of Warren County, and a 

22   volunteer in the community, and does a great job 

23   knowing what the communities within the 

24   Adirondack Park need.

25                Karen Feldman is one of the 


                                                               2483

 1   nonresidents of the park but certainly is a 

 2   person that spends time within the Adirondack 

 3   Park, owns property within the park, and brings 

 4   so much to the table.  She is an attorney, and 

 5   she really understands the need for the balance 

 6   between the environment and economic development 

 7   and the economics, the economy of those who live 

 8   within the park.

 9                So I'm very happy to speak in favor 

10   of these two nominees, and I thank the Governor 

11   for reappointing them to their positions on the 

12   Adirondack Park Agency.

13                Thank you.

14                ACTING PRESIDENT SAVINO:   Thank 

15   you, Senator Little.

16                Senator Farley on the nominations.

17                SENATOR FARLEY:   Yes, Madam 

18   President, I rise to second these nominees.  

19                And I just want to say, as somebody 

20   that represents a lot of the park -- Hamilton 

21   County and Herkimer County and Saratoga, northern 

22   part -- and as a native of Indian Lake, I just 

23   want to say particularly to Mr. Thomas, the 

24   vitality that has taken place in North Creek, the 

25   economic development that has happened there and 


                                                               2484

 1   so forth, has really enlivened that area.  

 2                It's something that is needed 

 3   throughout the Adirondacks.  And it's done in 

 4   good taste and something that I wish that we 

 5   could do more of in the Adirondack Park Agency to 

 6   bring back the vitality of the Adirondacks and 

 7   the beauty of it so that people can enjoy it.  

 8                And I'm very excited about what has 

 9   happened in North Creek and Old Forge and a few 

10   other areas, but we need more of it in the 

11   Adirondacks, and I hope that both of these 

12   nominees will work towards that goal.

13                Thank you, Madam President.

14                ACTING PRESIDENT SAVINO:   Thank 

15   you, Senator Farley.

16                Are there any other members wishing 

17   to be heard on the nominations?  

18                Seeing none, the question is on the 

19   nominations of Karen M. Feldman and William H.  

20   Thomas as members of the Adirondack Park Agency.

21                All those in favor signify by saying 

22   aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT SAVINO:   Opposed, 

25   nay.


                                                               2485

 1                (No response.)

 2                ACTING PRESIDENT SAVINO:   Both 

 3   Karen M. Feldman and William H. Thomas are hereby 

 4   confirmed as members of the Adirondack Park 

 5   Agency.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Madam President, 

 8   at this time could we have the reading of the 

 9   noncontroversial calendar.

10                ACTING PRESIDENT SAVINO:   The 

11   Secretary will read the noncontroversial 

12   calendar.

13                THE SECRETARY:   Calendar Number 

14   110, by Senator Carlucci, Senate Print 1784, an 

15   act to amend the State Administrative Procedure 

16   Act.

17                ACTING PRESIDENT SAVINO:   Read the 

18   last section.

19                THE SECRETARY:  Section 3 -- 

20                SENATOR GIANARIS:   Lay it aside.

21                ACTING PRESIDENT SAVINO:   The bill 

22   is laid aside.

23                THE SECRETARY:   Calendar Number 

24   111, by Senator Valesky, Senate Print 2158, an 

25   act to amend the State Administrative Procedure 


                                                               2486

 1   Act.

 2                ACTING PRESIDENT SAVINO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 8.  This 

 5   act shall take effect on the first of January.

 6                ACTING PRESIDENT SAVINO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT SAVINO:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT SAVINO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   113, by Senator Gallivan, Senate Print 5657B, an 

16   act to amend the State Administrative Procedure 

17   Act.

18                ACTING PRESIDENT SAVINO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT SAVINO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT SAVINO:   Announce 


                                                               2487

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 113, those recorded in the 

 4   negative are Senators Avella, Hassell-Thompson, 

 5   Hoylman, Krueger, Montgomery, Perkins, Rivera, 

 6   Serrano and Squadron.  Also Senator Espaillat.  

 7                Ayes, 50.  Nays, 10.

 8                ACTING PRESIDENT SAVINO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   169, substituted earlier by Member of the 

12   Assembly Kavanagh, Assembly Print Number 191B, an 

13   act to amend the Environmental Conservation Law.

14                ACTING PRESIDENT SAVINO:   Read the 

15   last section.

16                THE SECRETARY:   Section 7.  This 

17   act shall take effect March 1, 2015.

18                ACTING PRESIDENT SAVINO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT SAVINO:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 59.  Nays, 1.  

24   Senator Ball recorded in the negative.

25                ACTING PRESIDENT SAVINO:   The bill 


                                                               2488

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   264, substituted earlier by Member of the 

 4   Assembly Kim, Assembly Print Number 7756, an act 

 5   to amend the Education Law.

 6                ACTING PRESIDENT SAVINO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT SAVINO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT SAVINO:   Senator 

14   Squadron to explain your vote.

15                SENATOR SQUADRON:   Thank you.  To 

16   explain my vote, Madam President.  

17                This is a bill that's a long time in 

18   coming.  It would allow us to push forward Lunar 

19   New Year as a school holiday in New York City and 

20   other districts in areas across the state where 

21   it's a holiday celebrated by a large number of 

22   people, and also other holidays that, as the city 

23   and the state changes, are increasingly part of 

24   the fabric of who we are.  

25                I want to thank Senator Golden, with 


                                                               2489

 1   whom I've worked, Assemblymember Kim, 

 2   Assemblymember Silver, and Senator Stavisky.  

 3   Together we've really tried to make sure that 

 4   this community is no longer forced to choose 

 5   between the most important day of the year with 

 6   their families and missing a day of school.  

 7                In some schools in my district on 

 8   Lunary New Year you have absentee rates of 

 9   80 percent or higher.  I know that's true not 

10   just in my district but in parts of New York 

11   City, around the city.  

12                To work with Mayor de Blasio and the 

13   Department of Education to ensure that the school 

14   calendar evolves with the city is a really 

15   important thing to do.  It's something I look 

16   forward to doing.  

17                Next year, as the Year of the Sheep 

18   rolls in, students have no need to worry.  It is 

19   during the winter break, and that gives us time 

20   to take action on this bill and to assure the 

21   school calendar reflects the city.  

22                I want to thank Senator Golden, 

23   Speaker Silver, Assemblymember Kim, and Senator 

24   Stavisky again.  

25                I'll be voting aye, Madam President.


                                                               2490

 1                ACTING PRESIDENT SAVINO:   Senator 

 2   Squadron to be recorded in the affirmative.  

 3                Senator Peralta to explain his vote.

 4                SENATOR PERALTA:   Thank you, 

 5   Madam President.  

 6                I represent the most diverse 

 7   political district in the entire country, the 

 8   "United Nations of all Senate districts," which I 

 9   like to call it -- yes, I do.  Among this melting 

10   pot I am lucky enough to represent strong and 

11   active populations of Muslim Americans, who 

12   celebrate Eid, Asian Americans, who celebrate the 

13   Lunar New Year, and Hindu Americans, who 

14   celebrate Diwali.  

15                Joining together these disparate 

16   groups in a common community makes my district a 

17   better, stronger, more vibrant place.  The 

18   joining together of these disparate groups in a 

19   common cause is also what made this day possible.  

20   Because until we get this law on the books and 

21   implemented, they share an unfortunate piece of 

22   common ground.  On their most important and 

23   sacred of holidays, they must decide between 

24   keeping their kids out of school or keeping them 

25   away from these holy observances.


                                                               2491

 1                Like many others in this room, I 

 2   spent years alongside my constituents pushing for 

 3   official recognition of these holidays.  I'd like 

 4   to thank the sponsor of this bill and also 

 5   recognize some of my colleagues who have been 

 6   championing this for years:  Senator Stavisky, 

 7   Senator Perkins, Senator Sanders, and Senator 

 8   Díaz, among many others.

 9                I'd also especially like to 

10   recognize and thank my colleague 

11   Senator Squadron, who selflessly gave up 

12   sponsorship of this bill so that we could pass it 

13   through this chamber today.  

14                No parent -- no parent, no child 

15   should be forced to choose between their 

16   education and their faith.  I knew the winds were 

17   finally changing when the one thing Bill de 

18   Blasio and Joe Lhota could agree on was that 

19   whoever was the next mayor, he was going to make 

20   sure that our kids get to celebrate these 

21   holidays with their families.  

22                But I am enormously grateful and 

23   proud to stand here today and see us take this 

24   enormous step closer to making that a reality.  

25   That's the power of civic engagement, that's 


                                                               2492

 1   inspiration transformed into results.  When you 

 2   speak your mind and tell your story, there is no 

 3   end to what you can accomplish.  

 4                New York's greatest strength is its 

 5   diversity.  And today we are taking a vital step 

 6   towards making our state stronger than ever.  I 

 7   proudly vote aye.

 8                ACTING PRESIDENT SAVINO:   Senator 

 9   Peralta to be recorded in the affirmative.  

10                Senator Stavisky to explain her 

11   vote.

12                SENATOR STAVISKY:   Thank you, 

13   Madam President.

14                The Lunar New Year is the most 

15   significant holiday in the Asian-American 

16   community really throughout the world.  It's a 

17   celebration where people come together and 

18   celebrate.  It's a time of family reunions, it's 

19   a time of dinners.  I never knew there could be 

20   so many dinners, but they celebrate with food, 

21   with dance, with renewing their cultural 

22   heritage.  And it's a time when children tend to 

23   stay home from school.

24                So there is massive absenteeism in 

25   the city schools during this period.  And in 


                                                               2493

 1   fact, in New York City approximately 14 percent 

 2   of the students are Asian-American.  But in 

 3   Queens County, Asian-Americans comprise 

 4   23 percent of the 2.2 million people who live in 

 5   Queens County.

 6                And these communities are focused 

 7   primarily in the central part of Queens.  And I 

 8   do agree that Senator Peralta does represent a 

 9   very large and diverse district.  The most 

10   diverse.  But in the district that I represent, 

11   it's focused on the Asian-American community.  

12   And we work very closely together.  

13                And this legislation would permit 

14   the Department of Education to close the schools.  

15   Believe it or not, we got the MTA to defer 

16   construction on the subway so that people could 

17   come from all over the city and all over the 

18   tri-state area to come to celebrate the Lunar New 

19   Year.  There's no construction on the subway, 

20   which was a major accomplishment.  

21                So again, I thank the sponsors, all 

22   of them.  I'm not going to repeat their names.  

23   But it's by working together that we can 

24   accomplish this type of result for our 

25   constituents.


                                                               2494

 1                So I am delighted to vote aye, and I 

 2   look forward to celebrating with my 

 3   Asian-American friends next year.  

 4                Thank you.

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   Stavisky to be recorded in the affirmative.  

 7                Senator Sanders on the bill.

 8                SENATOR SANDERS:   Thank you, 

 9   Madam President.

10                I too rise to commend the authors of 

11   this very well written bill -- which at first I 

12   had trouble with until it was explained to me -- 

13   a bill which calls upon the New York City 

14   Department of Education to look at the list of 

15   holidays that it has and make sure that these 

16   holidays reflect the changing New York City that 

17   we now know, a city that is graced with all of 

18   these communities that you've heard about.  

19                One that I'm graced with, one of the 

20   many -- the U.N.?  Okay, all right.  Perhaps if 

21   he's the U.N., then I must certainly be the 

22   Assembly Council or something of that nature.  

23   Because I have many different communities, 

24   including the Indo-Caribbean community, which 

25   celebrates a holiday called Diwali.  


                                                               2495

 1                And under those conditions, I think 

 2   that it is good that we look at all of these 

 3   holidays that we've had for so long to see which 

 4   ones really fit the city and which ones don't.  

 5   And that way we can -- those that have served 

 6   their purpose need to be retired.  And those that 

 7   are emerging need to be supported.  

 8                I certainly commend Senators 

 9   Squadron, Peralta, Stavisky and others for 

10   championing this, and I'm glad to be here on the 

11   day when it may go over the top.  

12                Thank you very much, 

13   Madam President.

14                ACTING PRESIDENT SAVINO:   Senator 

15   Sanders to be recorded in the affirmative.  

16                Senator Golden to explain his vote.

17                SENATOR GOLDEN:   Thank you, 

18   Madam President.  

19                I'd like to thank my colleagues 

20   Senator Lanza, Senator Felder, Senator Squadron, 

21   and all of my colleagues on both sides of the 

22   aisle, and of course the Assembly as well, Shelly 

23   Silver, the Speaker.  

24                This bill would allow the local 

25   boards of education to determine whether a 


                                                               2496

 1   weekday should be a school holiday because many 

 2   students would be absent due to a religious or 

 3   cultural holiday.  

 4                The Education Law already allows the 

 5   Commissioner of Education to establish rules of 

 6   religious holidays and education.  New York City 

 7   is rich with cultural diversity.  When an 

 8   immigrant passed through Ellis Island, New York 

 9   City welcomed him or her to the United States.  

10   Many of these immigrants settled in New York 

11   City.  These immigrants built neighborhoods 

12   around their shared heritage.  There are many 

13   neighborhoods that are still built around shared 

14   heritage.  

15                And this bill celebrates the 

16   diversity of New York City, New York State, and 

17   our country by allowing the local school boards 

18   to close one or more schools on a day when the 

19   students will be celebrating their religious or 

20   cultural heritage.  Because of our diversity, a 

21   one-size-fits-all rule from the Department of 

22   Education does not always work.

23                This bill would not reduce the 

24   number of school days.  School holidays are set 

25   in advance.  And any holiday given due to the 


                                                               2497

 1   bill would be taken into account when the school 

 2   calendar is established.  

 3                The Mayor has already begun working 

 4   towards helping New York City celebrate this 

 5   heritage by adjusting the school calendar.  We 

 6   look forward to continuing to work with the Mayor 

 7   on this.  And let's take this opportunity to 

 8   celebrate the diversity that has made New York 

 9   the great state that it is today.  

10                Thank you, Madam President, and I 

11   will be voting aye.

12                ACTING PRESIDENT SAVINO:   Senator 

13   Golden to be recorded in the affirmative.

14                Are there any other Senators wishing 

15   to explain their vote?

16                Seeing none, announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 264, those recorded in the 

19   negative are Senators Gallivan and Libous.

20                Ayes, 58.  Nays, 2.

21                ACTING PRESIDENT SAVINO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   386, by Senator Felder, Senate Print 4518, an act 

25   to amend the Domestic Relations Law.


                                                               2498

 1                ACTING PRESIDENT SAVINO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the 30th day.

 5                ACTING PRESIDENT SAVINO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT SAVINO:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   401, by Senator Gallivan, Senate Print 6869, an 

15   act to amend the State Administrative Procedure 

16   Act.

17                SENATOR GIANARIS:   Lay it aside.

18                ACTING PRESIDENT SAVINO:   The bill 

19   is laid aside.

20                SENATOR LIBOUS:   Lay the bill aside 

21   for the day.

22                ACTING PRESIDENT SAVINO:   The bill 

23   is laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   422, by Senator Griffo, Senate Print 6502, an act 


                                                               2499

 1   to amend Chapter 912 of the Laws of 1920.

 2                SENATOR GIANARIS:   Lay it aside.

 3                ACTING PRESIDENT SAVINO:   The bill 

 4   is laid aside.

 5                THE SECRETARY:   Calendar Number 

 6   459, by Senator Squadron, Senate Print 218, an 

 7   act to amend the Penal Law.

 8                SENATOR LIBOUS:   Lay that aside, 

 9   please. 

10                ACTING PRESIDENT SAVINO:   The bill 

11   is laid aside.

12                SENATOR GIANARIS:   Lay it aside for 

13   the day.

14                ACTING PRESIDENT SAVINO:   The bill 

15   is laid aside for the day.

16                Senator Libous, that completes the 

17   reading of the noncontroversial calendar.

18                The Secretary will ring the bells 

19   and proceed with the reading of the controversial 

20   calendar.  

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   110, by Senator Carlucci, Senate Print 1784, an 

24   act to amend the State Administrative Procedure 

25   Act.


                                                               2500

 1                SENATOR KRUEGER:   Explanation.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Carlucci, Senator Krueger has requested an 

 4   explanation.

 5                SENATOR CARLUCCI:   Yes, thank you, 

 6   Madam Chair.

 7                Yes, this legislation amends the 

 8   State Administrative Procedure Act, which allows 

 9   for industry or businesses to be able to petition 

10   a particular state agency with a particular rule 

11   that they believe that they have a new best 

12   practice for.  

13                The idea is to come into 

14   compliance -- which we already allow 

15   municipalities or local governments, if they find 

16   a new way of doing business, that they're able to 

17   petition the state agency that has that 

18   requirement to allow them to innovate and allow 

19   that to become the new regulatory procedure.

20                Thank you, Madam President.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Krueger.

23                SENATOR KRUEGER:   Thank you, 

24   Madam President.  If the sponsor would please 

25   yield.


                                                               2501

 1                SENATOR CARLUCCI:   Yes.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Carlucci yields.

 4                SENATOR KRUEGER:   Thank you.  

 5                So last year we actually debate this 

 6   bill, the sponsor and I, and I raised a number of 

 7   concerns.  And so I don't want to repeat myself 

 8   on the old concerns, but I've had now a year to 

 9   study the bill more, so I have found some 

10   additional questions to ask.

11                In this bill it says it will allow 

12   any business or group of businesses that form an 

13   association to petition the state agency.  So if 

14   I am one business and I call myself an 

15   association, may I petition for a change of state 

16   regulations?

17                ACTING PRESIDENT SAVINO:   Senator 

18   Carlucci.

19                SENATOR CARLUCCI:   The answer is 

20   yes.

21                SENATOR KRUEGER:   Through you, 

22   Madam President, if the sponsor would continue to 

23   yield.

24                ACTING PRESIDENT SAVINO:   Senator 

25   Carlucci.


                                                               2502

 1                SENATOR CARLUCCI:   Yes, I'll yield.

 2                SENATOR KRUEGER:   So if I'm two or 

 3   three businesses, I could create an association 

 4   and petition to have a reevaluation of 

 5   regulation?

 6                SENATOR CARLUCCI:   Yes.

 7                SENATOR KRUEGER:   Through you, 

 8   Madam President, if the sponsor would continue to 

 9   yield.

10                SENATOR CARLUCCI:   Yes, I'll yield.

11                ACTING PRESIDENT SAVINO:   Senator 

12   Carlucci yields.

13                SENATOR KRUEGER:   First, a 

14   statement that in many different kinds of 

15   regulations in New York State, in many different 

16   activities that go on in New York State, there 

17   are multiple agencies with a role to play in 

18   overseeing that activity or those regulations.

19                So in this bill it allows the 

20   business association, which as we've just 

21   established could be one business, to petition 

22   the appropriate state agency.  It does not say 

23   petition the state agency that promulgated the 

24   regulation.  

25                So if this bill were to become law, 


                                                               2503

 1   could I, my own personal business association, 

 2   venue-shop to find a state agency that I think I 

 3   might get a permissive interpretation out of, 

 4   even if there are five or six different agencies 

 5   that may share regulatory control?

 6                SENATOR CARLUCCI:   I think the 

 7   Senator brings up a valid point, and it's 

 8   something that we want to safeguard against in 

 9   this legislation.  And that's why we want to 

10   prevent from venue-shopping of any business to go 

11   from regulatory agency to regulatory agency.  

12                So as the Senator had pointed out, 

13   there are many different regulations for many 

14   different agencies.  But there are lead agencies, 

15   and they would be required to be petitioning 

16   under that lead agency.  

17                And also to point out, because this 

18   is a very real concern, in the legislation it's 

19   very specific and it says that the petitioner has 

20   to file on a specific rule or regulation, and 

21   they have to be identifying that regulation and 

22   what they hope to update, which regulation 

23   they're actually focused on and where they think 

24   they have a new best practice that should be 

25   promulgated into new rules.


                                                               2504

 1                SENATOR KRUEGER:   Through you, 

 2   Madam President, if the sponsor would continue to 

 3   yield.

 4                SENATOR CARLUCCI:   Yes.

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   Carlucci yields.

 7                SENATOR KRUEGER:   So the Senator 

 8   and I both happen to serve on the Mental Hygiene 

 9   Committee, which oversees issues around 

10   vulnerable persons in this state.  And an 

11   organization, either for-profit or 

12   not-for-profit, might provide residential 

13   services to these vulnerable populations.  And 

14   yet there might be multiple state agencies with 

15   oversight on these kinds of residential 

16   facilities -- or day treatment facilities; it 

17   could be either.

18                So which agency and which 

19   definitions and regulations are they supposed to 

20   go to if they want a change in regulation?  Are 

21   they in this case supposed to go to the Office of 

22   Mental Health or the Office of People With 

23   Developmental Disabilities, the Department of 

24   Health, the Department of Buildings, if it was 

25   something involving the standards for physical 


                                                               2505

 1   facilities?  

 2                How are they supposed to determine 

 3   who is the proper regulatory entity?  And who is 

 4   supposed to get them the answer if they don't 

 5   even know?  

 6                SENATOR CARLUCCI:   Well, the 

 7   petition would have to start at the agency that 

 8   promulgated the regulations.  

 9                When we talk about people that live 

10   with mental health issues or are living with a 

11   developmental disability, we have clear 

12   definitions of who is responsible for regulating 

13   those homes.  If it's someone that's living in a 

14   developmentally disabled housing facility, that 

15   would be regulated by the Office of People With 

16   Developmental Disabilities, and therefore would 

17   be petitioned under that agency.

18                ACTING PRESIDENT SAVINO:   Through 

19   you, Madam President, if the sponsor would 

20   continue to yield.

21                SENATOR CARLUCCI:   Yes.

22                ACTING PRESIDENT SAVINO:   Senator 

23   Carlucci will yield.

24                SENATOR KRUEGER:   Thank you.

25                Again, I think in the example I gave 


                                                               2506

 1   it might be a facility that operates under the 

 2   rules and regulations of four, five or six 

 3   different agencies.  So are they supposed to go 

 4   to each one?

 5                SENATOR CARLUCCI:   Well, again, we 

 6   have to be very specific on the regulation that 

 7   they're wishing to update.  And that's where we 

 8   need to really address that point.  

 9                Because yes, there might be multiple 

10   agencies overseeing certain industries.  But when 

11   we talk about each specific regulation, the 

12   petition requires and this legislation requires 

13   for that business, that industry to be specific 

14   in identifying that regulation, and they would 

15   then go to the agency that promulgated that 

16   regulation.

17                SENATOR KRUEGER:   Through you, 

18   Madam President, if the sponsor would continue to 

19   yield.

20                SENATOR CARLUCCI:   Yes.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Carlucci yields.

23                SENATOR KRUEGER:   Thank you.

24                How many regulations are there in 

25   New York State that someone might want to go and 


                                                               2507

 1   petition for a change?

 2                SENATOR CARLUCCI:   Well, currently 

 3   we have about 750,000 different regulations on 

 4   the books in the State of New York.

 5                SENATOR KRUEGER:   Through you, 

 6   Madam President, if the sponsor would continue to 

 7   yield.

 8                ACTING PRESIDENT SAVINO:   Senator 

 9   Carlucci, do you yield?

10                SENATOR CARLUCCI:   Yes.

11                ACTING PRESIDENT SAVINO:   Senator 

12   Carlucci yields.

13                SENATOR KRUEGER:   And since any 

14   individual business can be its own association to 

15   petition, how many entities might be petitioning 

16   on these 750,000 regulations in New York State?

17                SENATOR CARLUCCI:   Well, the idea 

18   here is that we really can be a competitive force 

19   when we talk about competing in a global economy.  

20   And the idea is we want to make sure that the 

21   people on the ground level, you know, that are 

22   there working in that industry, that might have 

23   had a new breakthrough -- whether it's a new 

24   software program that they're using that helps 

25   them really break down and allow them to innovate 


                                                               2508

 1   their practices -- we want to make sure that they 

 2   can keep up, communicate with that state agency.  

 3   And now it allows them the mechanism to do that.

 4                So as was said, we have over 750,000 

 5   different regulations on the books in New York, 

 6   and this is an attempt to allow for industry to 

 7   work with state agencies to allow them to 

 8   promulgate new rules that will allow them to keep 

 9   up-to-date with new best practices.  

10                And keep in mind this also, at the 

11   end of the day, is at the discretion of that 

12   state agency to decide if it is something that 

13   they feel that they should come into compliance 

14   with.

15                SENATOR KRUEGER:   Through you, 

16   Madam President, on the bill.

17                ACTING PRESIDENT SAVINO:   Senator 

18   Krueger on the bill.

19                SENATOR KRUEGER:   I thank the 

20   Senator, the sponsor, for his answers.

21                I don't think I disagree with the 

22   concept that we want to be a dynamic government 

23   that changes with the needs and realities of the 

24   businesses and organizations and people of the 

25   State of New York.  My disagreement with the bill 


                                                               2509

 1   is that it sets up probably an impossible 

 2   scenario.

 3                First, none of these regulations 

 4   exist in a vacuum.  They actually grew out of 

 5   laws this house and the other house of the 

 6   Legislature agreed upon and a governor signed.

 7                So any time you're opening up 

 8   someone petitioning to change a regulation, you 

 9   have to ask the question are you actually opening 

10   up that they want to change the law and maybe -- 

11   and isn't that why we're here -- to try to 

12   modernize our laws and adapt them to the changing 

13   world and economy.

14                If we leave it to a scenario, as 

15   this bill does, where any one entity can petition 

16   an agency on any combination of 750,000 

17   regulations -- and it's not that hard to see two 

18   or three associations petitioning in opposite 

19   directions, because if X association decides it's 

20   to their advantage to get rid of this regulation 

21   and Y and Z associations realize that wouldn't 

22   actually be very good for their understanding of 

23   how they're operating in New York State, you 

24   would have competing demands for new best 

25   practices as interpreted by any individual 


                                                               2510

 1   business or entity.  

 2                It's 750,000 regulations and more 

 3   than we can imagine numbers of requests.  I 

 4   actually think our agencies would have to stop 

 5   doing everything else they're doing in order to 

 6   attempt to respond to the petitions of whomever 

 7   on whatever on combinations of the 750,000 

 8   regulations.

 9                And while I appreciate that the 

10   sponsor believes his bill says you go to the 

11   entity or the agency that will oversees the 

12   regulation, if you've ever spent any time talking 

13   to any business or not-for-profit in the State of 

14   New York, you know that they're operating under 

15   many regulations at a time and their issues are 

16   never unique to one specific line.  

17                So even on something, I don't know, 

18   for some of us perhaps esoteric and for others of 

19   us perhaps the bread and butter of dealing with 

20   septic system questions under New York State 

21   regulations, you have, depending on where you're 

22   located in the state -- and this is not the local 

23   jurisdictions or the federal, just the state -- 

24   you might have issues with the Canal Authority, 

25   which is part of the New York State Thruway 


                                                               2511

 1   Authority, you definitely have regulations 

 2   relating to the Department of Environmental 

 3   Conservation, the Department of Health, the 

 4   Department of Transportation, the General 

 5   Services Administration, the Office of Parks, 

 6   Recreation and Historic Preservation, and 

 7   multiple section of the state commissions.

 8                Now, I might agree with my colleague 

 9   that needing to go to all these different 

10   agencies when having a question about how to 

11   handle septic systems might seem burdensome -- I 

12   would agree -- and confusing -- I would agree -- 

13   I don't think this bill would solve the problem.  

14   I think it would just actually create a 

15   systemwide chaos.  And, by the way, there are 

16   probably differing opinions by differing 

17   businesses about how to address these issues.

18                So while I appreciate the intentions 

19   of the sponsor, I actually think we'd result in 

20   either an enormous new expense for the state in 

21   hiring all these people to deal with all of these 

22   petitions of all these regulations, or we'd 

23   literally create frozen state agencies who 

24   couldn't act under the old regulations while 

25   dealing with the petitions on the new 


                                                               2512

 1   regulations, not having the staff to do any of 

 2   this, and frustrating everybody.

 3                And in fact, of course we do have a 

 4   current system to evaluate and try to make 

 5   changes in regulations.  I believe that this bill 

 6   just doesn't think the current system is 

 7   adequate.  

 8                And we were going to discuss, 

 9   although it was taken off the calendar for today, 

10   an additional bill that would actually propose 

11   having to review every regulation in the state 

12   within five years and then each and every five 

13   years afterwards.  And if you layered those two 

14   bills together -- although we're not discussing 

15   the other bill right now -- again, reemphasizing 

16   the sheer volume of new demands on our agencies 

17   and potential chaos for being able to approve 

18   anything until all of this was done.

19                So an issue.  I believe this is the 

20   wrong solution that won't accomplish what it 

21   intends to accomplish.  I will continue to be no 

22   on this vote and urge my colleagues to work 

23   together to come up with solutions that actually 

24   might be helpful.

25                Thank you, Madam President.


                                                               2513

 1                ACTING PRESIDENT SAVINO:   Are there 

 2   any other members wishing to be heard?

 3                Seeing none, the Secretary will ring 

 4   the bells.  I ask all the members to please 

 5   return to the chamber so we can proceed with the 

 6   vote.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Madam President, 

 9   while we're waiting for everyone to return, I'd 

10   like to point out to my colleagues that we have a 

11   milestone birthday among our colleagues today.  

12   It is Senator Joe Addabbo's 50th today.  So we 

13   wish him well.

14                (Applause.)

15                ACTING PRESIDENT SAVINO:   Happy 

16   birthday.  Happy birthday, Senator Addabbo.  I'm 

17   sure you're thrilled that he gave away your age, 

18   but we wish you a happy birthday anyway.  

19                (Laughter.)

20                ACTING PRESIDENT SAVINO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT SAVINO:   Call the 

25   roll.


                                                               2514

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT SAVINO:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 110, those recorded in the 

 6   negative are Senators Addabbo, Avella, Gianaris, 

 7   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

 8   Parker, Peralta, Perkins, Rivera, Sanders, 

 9   Serrano, Squadron and Stavisky.

10                Ayes, 45.  Nays, 15.

11                ACTING PRESIDENT SAVINO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   422, by Senator Griffo, Senate Print 6502, an act 

15   to amend Chapter 912 of the Laws of 1920.  

16                SENATOR KRUEGER:   Explanation.

17                ACTING PRESIDENT SAVINO:   Senator 

18   Krueger has asked for an explanation.  

19                Before we begin, I would ask all 

20   members to stay in the chamber or close by.  We 

21   have to get to the Women of Distinction as soon 

22   as this debate is finished.  So please stay 

23   nearby.

24                Senator Krueger has asked for an 

25   explanation, Senator Griffo.


                                                               2515

 1                SENATOR GRIFFO:   Thank you, 

 2   Madam President.  

 3                I'm going to be very succinct today 

 4   because I feel like the great New York Yankee, 

 5   Yogi Berra, who said, "It's déjà vu all over 

 6   again."  We have had this bill before the house 

 7   in 2010, 2011, 2012 and 2013, and it's passed the 

 8   house.  

 9                Before I do that, I would like to 

10   thank the cosponsors and those who have supported 

11   the bill in the past, particularly the co-prime 

12   sponsors, Senator Kevin Parker and Senator Marty 

13   Golden, for their support.  

14                I also want to welcome into the 

15   chamber today the COO of the UFC, Lawrence 

16   Epstein, as well as Michael Britt, also of the 

17   UFC.

18                Essentially, Senator Krueger, this 

19   bill would authorize the New York State Athletic 

20   Commission, at their discretion and direction, to 

21   add the mixed martial arts to a list of contact 

22   sports that may hold matches or exhibitions in 

23   the State of New York.

24                SENATOR KRUEGER:   Through you, 

25   Madam President, if the sponsor would yield for a 


                                                               2516

 1   few questions.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Griffo, do you yield?  

 4                SENATOR GRIFFO:   I will.

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   Griffo yields.

 7                SENATOR KRUEGER:   Does this bill 

 8   establish the same standards for professional and 

 9   amateur bouts in New York State?

10                SENATOR GRIFFO:   Madam President, 

11   through you.  It does not, Senator Krueger.  But 

12   I do have a companion bill that has been 

13   introduced that also would do similarly for the 

14   amateur version of this sport.

15                SENATOR KRUEGER:   Through you, 

16   Madam President, if the sponsor would yield to an 

17   additional question.

18                ACTING PRESIDENT SAVINO:   Senator 

19   Griffo, do you yield?  

20                SENATOR GRIFFO:   I do.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Griffo yields.

23                SENATOR KRUEGER:   My understanding 

24   is this bill is modified in two ways since the 

25   last time you introduced the bill.  Could you 


                                                               2517

 1   clarify the two new changes?

 2                SENATOR GRIFFO:   Well, essentially, 

 3   Senator Krueger, the essence of it remains the 

 4   same, but it allows -- basically we're giving to 

 5   the State Athletic Commission its discretion to 

 6   essentially monitor and provide for all guidance 

 7   relative to the sport.  

 8                So there are not any dramatic 

 9   changes.  I know there have been differences of 

10   opinion.  I know that you have suggested a 

11   moratorium.  I know Senator Hoylman has put in a 

12   variation of a particular bill establishing a 

13   specific fund.  But in essence, the bill remains 

14   as it's been presented.

15                SENATOR KRUEGER:   Through you, 

16   Madam President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT SAVINO:   Senator 

19   Griffo, do you yield?  

20                SENATOR GRIFFO:   Sure.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Griffo yields.

23                SENATOR KRUEGER:   I was referring 

24   to a section that removes the sunset clause of 

25   the bill.  The previous version of the bill 


                                                               2518

 1   sunsetted it after three years.  And this bill 

 2   does not sunset; is that correct?

 3                SENATOR GRIFFO:   Madam President, 

 4   through you.  Senator Krueger, in essence that is 

 5   accurate.  It still remains the same but, since 

 6   we have had this discussion over the last four 

 7   years, New York State now remains the only state 

 8   that still has the ban in effect relative to the 

 9   mixed martial arts.  

10                There have been some, as I indicated 

11   before, just minor adjustments.  That was a 

12   discussion that was had some time ago because 

13   there were a number of other states that had 

14   still not made decisions and we were just 

15   beginning the process at that time here.  

16                But after four years of debate on 

17   this particular subject, and the activity taking 

18   place across the nation, these adjustments were 

19   made.  But essentially the essence of the bill 

20   remains as it has been.

21                SENATOR KRUEGER:   Through you, 

22   Madam President, if the sponsor would continue to 

23   yield.

24                ACTING PRESIDENT SAVINO:   Senator 

25   Griffo, do you yield?  


                                                               2519

 1                SENATOR GRIFFO:   Yes.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Griffo yields.

 4                SENATOR KRUEGER:   I believe there's 

 5   also an addition to the bill regarding alcoholic 

 6   beverages.  Could the sponsor explain to me what 

 7   that section means and how that changes this law?  

 8                SENATOR GRIFFO:   Madam President, 

 9   through you.  Senator Krueger, I'm not sure how 

10   that would ultimately alter the recommendations 

11   that were originally proposed through the main 

12   components of the bill.

13                SENATOR KRUEGER:   Through you, 

14   Madam President, just to clarify.  So would the 

15   sponsor agree that his bill now allows alcoholic 

16   beverages to be served at professional 

17   competitive MMA sporting exhibit matches?  

18                ACTING PRESIDENT SAVINO:   Senator 

19   Griffo.

20                SENATOR GRIFFO:   Madam President, 

21   through you.  Senator Krueger, I would say that 

22   what we're trying to do is mirror activities that 

23   are taking place across the nation at 

24   professional sporting events, whether it's the 

25   National Hockey League or the National Basketball 


                                                               2520

 1   Association or Major League Baseball.  

 2                So in that regard, yes.  But the 

 3   essence is basically to mirror what's taking 

 4   place in professional sports across this nation 

 5   and the state.

 6                SENATOR KRUEGER:   Through you, 

 7   Madam President, on the bill.

 8                ACTING PRESIDENT SAVINO:   Senator 

 9   Krueger on the bill.

10                SENATOR KRUEGER:   Thank you.

11                This house knows that I have 

12   continuously spoken out against the legalization 

13   of MMA in the State of New York.  I like to 

14   remember an expression my mother often used with 

15   me as a child.  I don't know if anyone else's 

16   mother said it.  But it was basically "If the 

17   other kids are jumping off the bridge and it's 

18   still a bad idea to jump, don't jump."

19                So I think that New York State not 

20   allowing competitive professional MMA is the 

21   right answer.  I wish the other states realized 

22   it also.  But I have no problem with New York 

23   State being ahead of game, so to speak.

24                And the reason I say that is because 

25   as I have watched MMA develop and grow as a 


                                                               2521

 1   sport, we have learned through medical research 

 2   that it's more dangerous than other professional 

 3   sports.  And we have learned that in New York 

 4   State the nonprofessional bouts, the bouts where 

 5   you can pay to go in, there are promoters, there 

 6   are lots of people who make lots of money and 

 7   lots of people who sit there and watch, the only 

 8   difference is the fighters don't officially get 

 9   paid.  So we have no standards or rules for that 

10   at all, which concerns me a great deal.  

11                But we know from medical science 

12   that MMA fighters suffer traumatic brain injuries 

13   in almost a third of their professional bouts 

14   that have been studied, a radically higher rate 

15   than has been observed in other sports, including 

16   comparing them to -- let me just read the 

17   section.  

18                The researchers detected an average 

19   of 6.4 knockouts per athlete for every 100 fights 

20   or athlete exposures.  When the multiple-strike 

21   TKOs were added, the total suspected traumatic 

22   brain injuries climbed to 15.9 per athlete for 

23   100 bouts, or one concussion-like injury in 

24   32 percent of matches.  

25                That compares to the rates found in 


                                                               2522

 1   other studies where 4.9 concussions per 100 

 2   fights was the exposure in boxing, 2.2 per 100 in 

 3   hockey, 8.08 per 100 in football.  

 4                An analysis of the fight videos 

 5   studied by the researchers from Toronto concluded 

 6   that 90 percent of the TKOs were a result of 

 7   repetitive strikes.  The 30 seconds before 

 8   matches were stopped was characterized by the 

 9   losing competitor sustaining a flurry of multiple 

10   strikes to the head.  Half of the knockouts 

11   occurred because of blows to the mandible, or 

12   lower jaw.  And researchers found an average of 

13   2.6 head strikes after the knockout inflicted on 

14   the heads of the unconscious fighters.

15                It's a dangerous sport.  It's a 

16   dangerous sport where the fighters may believe 

17   they are going in voluntarily and hoping to make 

18   a lot of money, but perhaps don't realize that 

19   they're going to end up later in life with 

20   damaged brains, an inability to continue to work 

21   in any field, and all of the patterns of 

22   traumatic brain injury.

23                And we hear a lot about traumatic 

24   brain injury nowadays.  We hear about our 

25   soldiers coming back from war with traumatic 


                                                               2523

 1   brain injuries.  We hear about professional 

 2   football players suffering very high rates of 

 3   traumatic brain injuries.  And again, to quote 

 4   the research, the rate of traumatic brain injury 

 5   from MMA is much higher than it is from football.

 6                We hear about coaches in college 

 7   sports and high school sports taking classes in 

 8   how to prevent traumatic brain injury and 

 9   repetitive damage to the brains of young people.  

10   We hear of lawsuits demanding financial 

11   reimbursement for the damage done to professional 

12   athletes.  We even had a resolution today 

13   honoring a young woman for going on with research 

14   around traumatic brain injury.

15                It's nothing to laugh about.  We 

16   should be doing everything we can to avoid anyone 

17   suffering unnecessary traumatic brain injury.  

18   Maybe MMA could redesign itself so it wasn't so 

19   dangerous, so that certain kinds of holds and 

20   punches weren't allowed.  They keep saying 

21   they're changing.  They're making a lot more 

22   money.  But I don't see them making the sport 

23   safer.  And the research continues to pour in 

24   that it is extremely dangerous.

25                So yes, if I was able to convince my 


                                                               2524

 1   colleagues, I would urge you to vote no on this 

 2   bill and actually rush to require much stricter 

 3   standards for nonprofessional competitions where 

 4   disproportionately it's younger people getting 

 5   involved with greater risk to themselves.  I'm 

 6   not going to convince too many people to change 

 7   their vote today.  

 8                And I know that we have an important 

 9   event to get to, so I will just urge my 

10   colleagues:  Read the research.  Think about what 

11   it means to expand MMA in New York State.  And 

12   think about the number of people who will end up 

13   with traumatic brain injury and ruined lives 

14   because of their decisions, perhaps not as 

15   well-educated as we'd like them to be when making 

16   those decisions.

17                And that some people say we'll make 

18   some tax money on it.  Frankly, I don't think 

19   it's worth the money to damage people's brains.  

20                I vote no.  Thank you.

21                ACTING PRESIDENT SAVINO:   Senator 

22   Krueger to be recorded in the negative.

23                Senator Griffo.

24                SENATOR GRIFFO:   Madam President, 

25   briefly.  


                                                               2525

 1                Again, this bill in essence gives to 

 2   the New York State Athletic Commission the 

 3   opportunity -- this is what we're voting on, 

 4   giving to the New York State Athletic Commission 

 5   the opportunity to regulate this sport.  A sport 

 6   that is organized across this country.  A sport 

 7   that has a number of rules and resolution 

 8   regulations for both the well-being of the fan as 

 9   well as the participant.  

10                I think it's very important to note 

11   that I agree that we should also be monitoring 

12   amateur activity and regulating that amateur 

13   activity, and that's why we have proposed a 

14   similar bill to do so, and to avoid any of the 

15   underground activity.  

16                But both the leagues that exist in 

17   the sport itself have really gone and made 

18   significant progress in ensuring -- from medical 

19   tests, evaluations, a lot of rules and 

20   regulations that exist -- that they are keeping 

21   in mind that safety of the participant and the 

22   spectator is most important.  

23                Secondly, New York is not doing this 

24   because every other state is doing this.  

25   New York is considering this because it's an 


                                                               2526

 1   opportunity for at least athletes in this state 

 2   or spectators and fans in this state to have the 

 3   ability to make a decision to do something that 

 4   we want to do.  But right now we are restricting 

 5   that ability.  

 6                And finally, on the studies that 

 7   exist, you're right that the study -- while I 

 8   have great respect and affinity for our 

 9   neighbors to the north in Canada, the study that 

10   Senator Krueger is discussing was based strictly 

11   on video and statistics.  

12                While we have respected premier 

13   institutions in this country, quality healthcare 

14   institutions -- Johns Hopkins has had a study 

15   done which is contrary to some of the statistics 

16   that were given in the Canadian study.  

17                And there's an ongoing study in the 

18   Cleveland Clinic, the renowned Cleveland Clinic, 

19   which will evaluate and determine some of the 

20   statements that have been made here, and as a 

21   result, we'll have a better understanding of the 

22   situation.  

23                And I believe that you will find, 

24   when we look at clinical data, that while we're 

25   all looking for safety, that should be first and 


                                                               2527

 1   foremost.  But you will see, when clinical 

 2   studies are actually done and we really rely on 

 3   the medicine and the science, that some of the 

 4   studies that are being done just on videos and 

 5   statistics really are not getting us a clear and 

 6   definitive picture of what's taking place.  

 7                So for the record, I would urge our 

 8   colleagues to look at everything.  But tonight 

 9   what we're saying, or this afternoon, is are we 

10   ready and willing to allow our New York State 

11   Athletic Commission -- who I have a lot of 

12   confidence and faith in -- to regulate this 

13   sport and to do it properly and to allow 

14   athletes in the state to participate in a sport 

15   that they choose to participate in, and for fans 

16   to be able to spectate and attend events in this 

17   state, beyond the economic impact.  

18                Thank you, Madam President.  

19                ACTING PRESIDENT SAVINO:   Senator 

20   Hoylman on the bill.

21                SENATOR HOYLMAN:   Thank you, 

22   Madam President.

23                And thank you, Senator Griffo and 

24   Senator Krueger, for your discussion.

25                I wanted to point out -- and I know 


                                                               2528

 1   this chamber has debated this for a number of 

 2   years -- but what has changed since last year.  

 3   At least one professional MMA fighter has died, 

 4   his name was Booto Guylain, after getting 

 5   elbowed in the head in South Africa in a bout.

 6                Secondly, the National Football 

 7   League settled a lawsuit with former players and 

 8   their families over concussion-related brain 

 9   injuries, the same type of injuries that we're 

10   discussing today.  That was for 18,000 players, 

11   and it was worth about $765 million.

12                And third, last year we were told 

13   that cage fighting, MMA, whatever you want to 

14   call it, was safer than boxing or other martial 

15   arts.  And, you know, you just have to look at 

16   the study from the American Journal of Sports 

17   Medicine, the most reputable academic journal in 

18   the field of sports, that gives lie to that 

19   claim.  

20                It shows that fights that end in 

21   technical knockouts, researchers found that 

22   losing fighters were on average hit 18.5 times 

23   in the last 30 seconds of the fight, with 

24   92 percent of those hits being to the head.  

25   They concluded that concussion rates in cage 


                                                               2529

 1   fighting are higher than hockey, football, 

 2   boxing and other martial arts.

 3                Now, what hasn't changed since we 

 4   discussed this last year?  Well, the bill is 

 5   pretty much the same.  The bill doesn't have any 

 6   measures to monitor or address long-term health 

 7   issues, long-term health issues.  And those are 

 8   the issues that the NFL players are facing, why 

 9   they filed this $765 million class action.  

10                Parkinson's disease, Alzheimer's, 

11   dementia, memory loss, all of those result from 

12   traumatic brain injury.  What will happen to 

13   these fighters, many of them from very modest 

14   means, five or 10 years from now when their 

15   $50,000 worth of life insurance that they're 

16   given by UFC has expired?  That is my concern.

17                And the bill today, in terms of 

18   protections, in addition to that $50,000 worth 

19   of life insurance, health insurance, which is 

20   only available while the fighter is in the ring, 

21   the bill only requires, in terms of participant 

22   safety, a mouth guard and a protective groin 

23   cup.  That's the sum of it.

24                I think we can come back with a 

25   better bill.  I think we should have a bill that 


                                                               2530

 1   has the long-term interests of the fighters in 

 2   mind, that has the health, their health 

 3   paramount.

 4                Today, should we approve this 

 5   measure, we are in effect telling spectators and 

 6   fighters alike that the sport as it is being 

 7   legislated is safe.  And, Madam President, I do 

 8   not think that is the case.  I think we need to 

 9   consider the long-term health impacts of these 

10   fighters and come back with a better bill that 

11   provides for their well-being.  

12                So I'll be voting no.  Thank you.

13                ACTING PRESIDENT SAVINO:   Senator 

14   Parker on the bill.

15                SENATOR PARKER:   Thank you, 

16   Madam President.  On the bill.

17                First let me thank Senator Griffo, 

18   Sensei here, for his leadership and his 

19   sponsoring of this bill and this legislation and 

20   really advocating for it and building support 

21   around it in a very meaningful way, in a way 

22   that won't be obscured by people who are just 

23   afraid of the sport.

24                Let's be very, very clear.  This is 

25   a sport that's very, very popular not just in 


                                                               2531

 1   the United States but around the country.  It 

 2   produces not just some tax revenue.  We're 

 3   talking about, for upstate communities, you take 

 4   a Buffalo, you take a Syracuse, you take a 

 5   Rochester, where you're going to be per event, 

 6   per event, you're talking about upwards of 

 7   $10 million per event if this sport is legalized 

 8   in the State of New York, and significantly more 

 9   in New York City.

10                Right now they are promoting these 

11   events in Times Square and then going across the 

12   river to Jersey to do the events.  And so right 

13   now it's happening, right now, as we speak.

14                And as we heard from one of our 

15   colleagues, that the amateur bouts that are 

16   happening now are not being properly regulated.  

17   And I agree with that.

18                What this bill does -- and let's 

19   not lose sight of this, as Senator Griffo has 

20   accurately pointed out -- it gives permission to 

21   the state authority that handles sports matters 

22   to create a set of regulations.  So if you're 

23   concerned about safety, the New York State 

24   Sports Commission is a place where those issues 

25   get worked out.


                                                               2532

 1                These are state-to-state issues and 

 2   procedures just like in boxing.  In boxing, 

 3   these things are regulated state by state.  And 

 4   so what you may see in Nevada may be a different 

 5   set of rules than what you see in New York.  

 6                And if we decide that it's not safe 

 7   enough in what we're seeing in other places, we 

 8   have the opportunity, through our state 

 9   government, to in fact enact a set of 

10   regulations and rules consistent with our values 

11   of safety and making sure that athletes, both 

12   amateur and professional, are protected in the 

13   way that we like to see them protected.  But we 

14   certainly shouldn't throw out the baby with the 

15   bathwater.  

16                As I've indicated with other 

17   sports, it would be different if everybody said, 

18   you know what, our value here in the State of 

19   New York is we don't like violence and we're 

20   going to get rid of all the violence.  So 

21   there's no more hockey, there's no more 

22   football, there's no more -- anything where 

23   anybody can possibly get a boo-boo, we're not 

24   going to have in the State of New York.  

25                But that's not what we're doing 


                                                               2533

 1   here.  We are simply discriminating against one 

 2   sport.

 3                As you hear the studies, I want 

 4   everybody to be very clear and listen to what 

 5   people are saying in the studies.  Because, you 

 6   know, you can make a study say anything you want 

 7   a study to say.  And you can certainly take 

 8   things out of a study and make it say what you 

 9   want it to say.

10                What you heard was excerpts pulled 

11   from a reputable study that talks about the 

12   cases in which opponents were knocked out.  What 

13   they did not tell you is that, unlike boxing, in 

14   almost 90 percent of the bouts the opponent has 

15   submitted.  And so there is no knockout in the 

16   vast majority of the bouts that you in fact see 

17   in the United States.  There are far more 

18   submissions than there are knockouts.

19                Also, when you talk about an 

20   athlete being killed in South Africa, that is a 

21   different set of rules than what we have here in 

22   the United States, and certainly a different set 

23   of rules than what we have in New York.

24                You heard, again, the example of an 

25   athlete being killed with an elbow.  You cannot 


                                                               2534

 1   strike with your elbow in any bouts in the 

 2   United States under current rules in any state.  

 3   And certainly that's something that we can in 

 4   fact guard against here in the State of New 

 5   York, again, vis-a-vis the Athletic Commission.

 6                So I think that there is reason to 

 7   be cautious.  We certainly want to protect the 

 8   athletes in the State of New York, both 

 9   professional and certainly our young athletes 

10   and our amateur athletes.  But we certainly want 

11   to do that in the context of creating a space 

12   where people can enjoy themselves through 

13   sportsmanship and athletic competition, which is 

14   the way of the State of New York.

15                And so I stand here in support of 

16   the bill, with my colleague Senator Griffo, and 

17   hope that my colleagues will see past the 

18   rhetoric to the truth and will vote aye on this 

19   bill.  

20                Thank you, Madam President.

21                ACTING PRESIDENT SAVINO:   Are 

22   there any other members wishing to speak?

23                Senator Stavisky on the bill.

24                SENATOR STAVISKY:   Thank you.  On 

25   the bill.


                                                               2535

 1                When I watch hockey clips on the 

 2   sports part of the news at night, I turn away, 

 3   because I think the violence in hockey should be 

 4   eliminated.  I don't like violent sports at all.  

 5                But I don't believe that I should 

 6   impose my opinion and my judgment on other 

 7   people.  I vote aye.  

 8                ACTING PRESIDENT SAVINO:   Are 

 9   there any other members wishing to speak on the 

10   bill?  

11                The Secretary will ring the bells. 

12                Read the last section.

13                THE SECRETARY:   Section 7.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT SAVINO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT SAVINO:   Senator 

19   Robach to explain his vote.

20                SENATOR ROBACH:   Yes, Madam 

21   President, just quickly to explain my vote.

22                 New York State has really been the 

23   center for sports, entertainment, tourism for a 

24   long time.  And I want to applaud Senator Griffo 

25   for continuing to move this bill forward.


                                                               2536

 1                You know, right now all this 

 2   entertainment, this sport can be piped into your 

 3   home, cabled into your home and watched, yet we 

 4   can't have it here live at Madison Square 

 5   Garden, Turning Stone Casino, anywhere else.  

 6                I think the time has long come, if 

 7   we want to talk about tourism, entertainment, 

 8   keeping New York number one, that we should 

 9   definitely pass this bill and give those that 

10   wish to participate, watch it, the option of 

11   their own free will.  

12                And hopefully this bill will 

13   accomplish that as well as many of the other 

14   things Senator Parker talked about in terms of 

15   monitoring and regulating that.  I think it will 

16   do all those things.  So I am happy to cast my 

17   vote in the affirmative.  

18                Thank you, Madam President.

19                ACTING PRESIDENT SAVINO:   Senator 

20   Robach to be recorded in the affirmative.

21                Senator Zeldin to explain his vote.  

22                SENATOR ZELDIN:   I too rise in 

23   favor of this bill.  I commend Senator Griffo 

24   for his efforts.  

25                For anyone who might be concerned 


                                                               2537

 1   about whether or not the sport should be 

 2   legalized for the safety, I would advocate for 

 3   voting in favor of this bill.  We have mixed 

 4   martial arts right now in New York State.  And I 

 5   think a lot of people, you know, may not realize 

 6   that.  The amateur bouts are taking place all 

 7   the time legally here in New York.

 8                So this bill actually is a bill to 

 9   make the sport safer.  But this isn't a vote as 

10   to whether or not to have mixed martial arts in 

11   New York.  We already have mixed martial arts in 

12   New York.

13                We also have a couple of 

14   professional titleholders:  John Jones, from 

15   Rochester; we have Chris Weidman, from Baldwin.  

16   And they want the opportunity in front of their 

17   home state to be in Madison Square Garden 

18   defending their titles, with the entire country 

19   and world watching, eyes on this state.  

20                But again, if anyone is concerned 

21   about health, I would advocate for voting in 

22   favor of this bill, because it makes the sport 

23   safer.  Right now people are fighting others who 

24   haven't gotten the appropriate medical tests, 

25   there aren't the right doctors at the side, on 


                                                               2538

 1   the ring.  So if we legalize it and we have more 

 2   rules, we'll actually be doing a better job to 

 3   protect our fighters.  

 4                So thank you to Sensei Griffo, who 

 5   did a great job defending his title for the 

 6   fourth year in a row here in the Senate.  

 7   Hopefully we can pass this bill to give the 

 8   opportunities to people like Chris Weidman and 

 9   John Jones to defend their titles in Madison 

10   Square Garden.

11                I vote aye.

12                ACTING PRESIDENT SAVINO:   Senator 

13   Zeldin to be recorded in the affirmative.  

14                Senator Díaz to explain his vote.

15                SENATOR DIAZ:   Thank you, 

16   Madam President.

17                Madam President, let me quote a 

18   biblical passage.  He says -- the Lord is 

19   speaking, saying that He would prefer you to be 

20   in the left or in the right, but those in the 

21   center he hate.  

22                And when I hear Senator Stavisky 

23   saying I personally don't like violence and 

24   don't like those kind of sports, but I will not 

25   put my personal opinion, my personal preference, 


                                                               2539

 1   so I vote yes -- that's what she said -- and I 

 2   hear politicians, elected officials saying, I 

 3   don't like this personally but I don't want to 

 4   impose my personal preference -- you know, 

 5   you've got to stand for something in this life.  

 6   You get elected, you should be -- you've got to 

 7   stand for something.  I like it or I don't like 

 8   it.  

 9                But when you say, I don't like it 

10   but I -- this is something so -- that I -- you 

11   know, make me -- so please, stand for something.  

12   Be somebody.  Forget about all those groups that 

13   are always trying to manipulate, manipulate you, 

14   or those PR companies.  What's the name of the 

15   PR company?  Yeah, those PR lobbyists.  Forget 

16   about those things.

17                So I don't like this kind of sport.  

18   It's dangerous, it's vicious, it's something 

19   that human beings should not be put to.  And 

20   because this is my opinion, because I don't like 

21   it, because I feel it is outrageous to support 

22   this kind of business, I am voting no.  Proudly, 

23   loudly, definitely no.

24                Thank you.

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               2540

 1   Díaz to be recorded in the negative.

 2                Are there any other members wishing 

 3   to explain their vote?

 4                Senator Kennedy.

 5                SENATOR KENNEDY:   Thank you very 

 6   much, Madam President.

 7                This is the fourth year in a row 

 8   that we are passing this legislation in these 

 9   chambers.  The time to move on this legislation 

10   is now.  It's about time.  

11                You know, we're watching the rest 

12   of the nation benefit from this sport, this 

13   highly regulated, highly popular sport.  And 

14   this is something that New York State needs to 

15   act on with some immediacy.  We only have 

16   several weeks left in this legislative session.  

17   And I'm proud that we've moved this with some 

18   expediency through this legislative process.  

19                You know, I was actually in 

20   California visiting my brother, who's a border 

21   patrolman in San Diego, and it was the night of 

22   an MMA fight.  And we were out in the street 

23   watching people pour into the local restaurants 

24   and taverns, literally.  I said, "Where's 

25   everybody going?"  And people were running into 


                                                               2541

 1   these taverns, these bars, these restaurants.  

 2   And he said, "Well, there's a big fight 

 3   tonight."  

 4                And, you know, I want them running 

 5   into the taverns and the bars and the 

 6   restaurants in Buffalo and Cheektowaga and 

 7   Lackawanna and Western New York, and Rochester, 

 8   Syracuse, Albany, New York City.  You know, I 

 9   want the tens of millions of dollars that are 

10   going to come to our economy because we made the 

11   right decision in this chamber and the Assembly 

12   follows suit and we sign this into law.

13                Every other state in the nation is 

14   doing it.  It's high time New York State act.  

15   And I proudly vote in the affirmative.

16                Thank you, Madam President.

17                ACTING PRESIDENT SAVINO:   Senator 

18   Kennedy to be recorded in the affirmative.

19                Senator Stavisky to explain her 

20   vote.

21                SENATOR STAVISKY:   No, I just want 

22   to explain my vote to my colleague.

23                (Laughter.)

24                SENATOR STAVISKY:   Let me be very 

25   clear.  I do not like violence in sports, but I 


                                                               2542

 1   don't think we're about to ban hockey or 

 2   football or any of the other sports that attract 

 3   widespread attention.  

 4                Secondly, I think there are 

 5   sufficient controls to make sure that it becomes  

 6   no more violent than the other sports.  And that 

 7   is the reason why I am voting in the 

 8   affirmative.  

 9                ACTING PRESIDENT SAVINO:   Senator 

10   Stavisky to be recorded in the affirmative.

11                Are there any other members wishing 

12   to explain their votes?

13                Seeing none, announce the results.  

14                THE SECRETARY:   In relation to 

15   Calendar 422, those recorded in the negative are 

16   Senators Bonacic, Breslin, Díaz, Felder, Gipson, 

17   Hoylman, Krueger, Lanza, LaValle, Marcellino, 

18   Montgomery, Perkins, Sanders, Savino, 

19   Stewart-Cousins, Tkaczyk, and Young.

20                Ayes, 43.  Nays, 17.

21                ACTING PRESIDENT SAVINO:   The bill 

22   is passed.

23                Senator Libous, that completes the 

24   reading of the controversial calendar.

25                SENATOR LIBOUS:   Yes, Madam 


                                                               2543

 1   President.  Is there any further business at the 

 2   desk?  

 3                ACTING PRESIDENT SAVINO:   There is 

 4   no further business at the desk.

 5                SENATOR LIBOUS:   There being no 

 6   further business, I move that the Senate adjourn 

 7   until Wednesday, May 14th, at 10:00 a.m. 

 8                But if I should have the 

 9   opportunity here before everybody runs out, the 

10   sooner folks get here at 10:00 and get checked 

11   in, the sooner we can move along.  So let's get 

12   checked in so we have folks here and we'll move 

13   along nicely.

14                ACTING PRESIDENT SAVINO:   On 

15   motion, the Senate stands adjourned until 

16   tomorrow, May 14th, at 10:00 a.m. 

17                And I would ask everyone to please 

18   proceed to the Legislative Office Building for 

19   the Women of Distinction event.

20                Senate stands adjourned.

21                (Whereupon, at 5:25 p.m., the 

22   Senate adjourned.)

23

24

25