Regular Session - May 20, 2014

                                                                   2616

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 20, 2014

11                     3:31 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2617

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

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   In the 

10   absence of clergy, may we bow our heads in a 

11   moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT VALESKY:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   May 19th, the Senate met pursuant to 

18   adjournment.  The Journal of Friday, May 16th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT VALESKY:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                The Secretary will read.


                                                               2618

 1                SENATOR LIBOUS:   Mr. President, can 

 2   we have some order in the house.

 3                ACTING PRESIDENT VALESKY:   

 4   {Gaveling.}  The Secretary will read.

 5                THE SECRETARY:   On page 12, Senator 

 6   Martins moves to discharge, from the Committee on 

 7   Local Government, Assembly Bill Number 8639 and 

 8   substitute it for the identical Senate Bill 

 9   Number 6475, Third Reading Calendar 126.

10                On page 12, Senator Martins moves to 

11   discharge, from the Committee on Local 

12   Government, Assembly Bill Number 8646 and 

13   substitute it for the identical Senate Bill 

14   Number 6476, Third Reading Calendar 127.

15                On page 17, Senator Flanagan moves 

16   to discharge, from the Committee on Higher 

17   Education, Assembly Bill Number 121 and 

18   substitute it for the identical Senate Bill 

19   Number 6671, Third Reading Calendar 279.

20                On page 30, Senator Bonacic moves to 

21   discharge, from the Committee on Judiciary, 

22   Assembly Bill Number 9055 and substitute it for 

23   the identical Senate Bill Number 7137, Third 

24   Reading Calendar 522.

25                On page 33, Senator Avella moves to 


                                                               2619

 1   discharge, from the Committee on Health, Assembly 

 2   Bill Number 746A and substitute it for the 

 3   identical Senate Bill Number 328A, Third Reading 

 4   Calendar 556.

 5                On page 33, Senator Ranzenhofer 

 6   moves to discharge, from the Committee on Health, 

 7   Assembly Bill Number 4611B and substitute it for 

 8   the identical Senate Bill Number 2118B, 

 9   Third Reading Calendar 557.

10                On page 37, Senator Lanza moves to 

11   discharge, from the Committee on Banks, 

12   Assembly Bill Number 9037A and substitute it for 

13   the identical Senate Bill Number 6805B, Third 

14   Reading Calendar 597.

15                On page 48, Senator Lanza moves to 

16   discharge, from the Committee on Cities, 

17   Assembly Bill Number 9578 and substitute it for 

18   the identical Senate Bill Number 7257, Third 

19   Reading Calendar 707.

20                ACTING PRESIDENT VALESKY:    

21   Substitutions ordered.

22                Messages from the Governor.

23                Reports of standing committees.

24                Reports of select committees.

25                Communications and reports from 


                                                               2620

 1   state officers.

 2                Motions and resolutions.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Mr. President, at 

 5   this time we'll go to adopting the Resolution 

 6   Calendar, with the exception of Resolutions 5065, 

 7   by Senator Griffo; 5157, by Senator Parker; 5187, 

 8   by Senator Savino; 5197, by Senator Perkins; and 

 9   5202, by Senator Ball.

10                ACTING PRESIDENT VALESKY:   All in 

11   favor of adopting the Resolution Calendar, with 

12   the exceptions identified by the Deputy Majority 

13   Leader, indicate by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT VALESKY:   Opposed, 

16   nay.

17                (No response.)

18                ACTING PRESIDENT VALESKY:   The 

19   Resolution Calendar is adopted.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                At this time can we take up 

24   Resolution 5065, by Senator Griffo.  Please read 

25   it in its entirety and call on Senator Griffo.


                                                               2621

 1                ACTING PRESIDENT VALESKY:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 5065, by Senator Griffo, 

 5   congratulating the New York Mills High School 

 6   Boys Varsity Basketball Team and Coach Mike Adey 

 7   upon the occasion of capturing the New York State 

 8   Public High School Athletic Association Class D 

 9   Championship.  

10                "WHEREAS, Excellence and success in 

11   competitive sports can be achieved only through 

12   strenuous practice, team play and team spirit, 

13   nurtured by dedicated coaching and strategic 

14   planning; and 

15                "WHEREAS, Athletic competition 

16   enhances the moral and physical development of 

17   the young people of this state, preparing them 

18   for the future by instilling in them the value of 

19   teamwork, encouraging a standard of healthy 

20   living, imparting a desire for success, and 

21   developing a sense of fair play and competition; 

22   and 

23                "WHEREAS, This Legislative Body is 

24   justly proud to congratulate the New York Mills 

25   High School Boys Varsity Basketball Team and  


                                                               2622

 1   Coach Mike Adey upon the occasion of capturing 

 2   the New York State Public High School Athletic 

 3   Association Section III Class D Championship; and 

 4                "WHEREAS, The New York Mills 

 5   Marauders Basketball Team captured their state 

 6   title by defeating Coleman Catholic High School 

 7   57-50 in overtime on Saturday, March 15, 2014, at 

 8   the Glens Falls Civic Center in Glens Falls, 

 9   New York; and 

10                "WHEREAS, The athletic talent 

11   displayed by this team is due in great part to  

12   the efforts of Coach Mike Adey, a skilled and 

13   inspirational tutor, respected for his ability to 

14   develop potential into excellence; and 

15                "WHEREAS, The team's overall record 

16   is outstanding, and the team members were loyally 

17   and enthusiastically supported by family, fans, 

18   friends and the community at large; and 

19                "WHEREAS, The hallmarks of the 

20   New York Mills High School Boys Varsity 

21   Basketball Team, from the opening game of the 

22   season to participation in the championship, were 

23   a brotherhood of athletic ability, of good 

24   sportsmanship, of honor and of scholarship, 

25   demonstrating that these team players are second 


                                                               2623

 1   to none; and 

 2                "WHEREAS, Athletically and 

 3   academically, the team members have proven 

 4   themselves to be an unbeatable combination of 

 5   talents, reflecting favorably on their school; 

 6   and 

 7                "WHEREAS, Head Coach Mike Adey, 

 8   Associate Head Coach Brian Adey, and Assistant  

 9   Coach Chris Richardson have done a superb job in 

10   guiding, molding and inspiring the team members 

11   toward their second NYSPHSAA Class D Title in 

12   four years; and 

13                "WHEREAS, Sports competition 

14   instills the values of teamwork, pride and 

15   accomplishment, and Head Coach Mike Adey, his 

16   staff and his outstanding athletes have clearly 

17   made a contribution to the spirit of excellence 

18   which is a tradition of their school; now, 

19   therefore, be it 

20                "RESOLVED, That this Legislative 

21   Body pause in its deliberations to congratulate 

22   the New York Mills Boys Varsity Basketball Team; 

23   its members:  Terrance Nichols, Andrew 

24   Surprenant, Zach Griffith, Luke Sunderlin, 

25   Anthony Casaletta, Nick Comenale, Cameron Lyons, 


                                                               2624

 1   Ben Kehrli, Mike Copperwheat, Griffin Baur, 

 2   Zach Vennaro, Corey Pastorelli, and Ali Hassan; 

 3   Head Coach Mike Adey, Associate Head Coach Brian 

 4   Adey, and Assistant Coach Chris Richardson; and 

 5   Team Managers George Albert, Tyler Sadallah, 

 6   John Fiore, Jack Lin, Nate Hartman, Colin Garcia 

 7   and Dom Liccardo on their outstanding season and 

 8   overall team record; and be it further 

 9                "RESOLVED, That copies of this 

10   resolution, suitably engrossed, be transmitted to 

11   the New York Mills Boys Varsity Basketball Team  

12   and to Coach Mike Adey and the aforementioned 

13   coaches."

14                ACTING PRESIDENT VALESKY:   Senator 

15   Griffo on the resolution.

16                SENATOR GRIFFO:   Thank you, 

17   Mr. President.  

18                I want to welcome the team here 

19   today.  It truly was an extraordinary 

20   accomplishment because they have captured a 

21   number of league titles, sectional titles, and 

22   have been in state championships, as you heard, 

23   in the last two out of four years.  

24                In fact, I would have liked to have 

25   seen them, but the head coach is a little 


                                                               2625

 1   superstitious, so I didn't get to see a game 

 2   during the season so I could not go to the state 

 3   championships.  But Senator Little was there to 

 4   watch both games.  In fact, we defeated a team in 

 5   her district I think in the semifinals.

 6                And then actually, when they beat 

 7   Coleman, we have a distinguished alumni of 

 8   Coleman who's also in the chamber today, the 

 9   Secretary of the Senate, Frank Patience.  So even 

10   though you beat Coleman, he still allowed you to 

11   sit in the gallery there.  So I appreciate that, 

12   Mr. Secretary.

13                Really what you're seeing here today 

14   I think is not only a story of a commitment to 

15   excellence in athletics, but it's also an 

16   opportunity to see a bunch of young men who have 

17   come together under some great supervision and 

18   great leadership and their coaching staff to not 

19   only master skills that they possess and are 

20   blessed with, but also to learn discipline and to 

21   train hard in order to be successful.  

22                So as a result of all of that 

23   activity, of that commitment, dedication, the 

24   energy that they put forth, they were able to 

25   achieve great success.  


                                                               2626

 1                And while we're proud of that 

 2   success, we're equally as proud of what you have 

 3   become as young adults.  Because everything that 

 4   you've learned -- the life skills, the 

 5   interaction, the sportsmanship, everything that 

 6   is a part of this great memory that you will 

 7   bring with you through the rest of your life, 

 8   something that you will cherish and remember and 

 9   look upon -- it's only the beginning.  It's the 

10   beginning of a great foundation that has been 

11   built to make you great citizens of this 

12   community, of this state.  

13                And we know that you will be very 

14   successful in life because of the accomplishments 

15   not only on the athletic court, but also what you 

16   will be able to give back to your communities as 

17   you continue to go on and pursue education and 

18   careers.

19                So today I want to congratulate each 

20   of you for that commitment.  It's impressive to 

21   have seven managers.  Senator DeFrancisco, I 

22   think that's more than Jim Boeheim has assistant 

23   coaches.  But seven managers on the basketball 

24   team.  

25                I really want to compliment the 


                                                               2627

 1   coaching staff:  Assistant Coach Richardson; 

 2   brian Adey, who's the associate head coach, is 

 3   also an employee of the Senate.  He is my 

 4   director of operations and runs all of our 

 5   district activities.  

 6                And they have the athletic director 

 7   here today, Andrea Dziekan.  Andrea was here once 

 8   before when we recognized the three-on-three 

 9   national champions.  So we have a talented 

10   athletic director on the court as well as in the 

11   administration of the sports program.  

12                And a special thank you to Mike 

13   Adey.  Mike is an extraordinary individual.  He 

14   has been an educator throughout his entire 

15   career, he's been an athletic director, he's 

16   coached at several schools.  But he's always put 

17   the students first.  And he's recognized that 

18   these are student athletes, that as much as he 

19   wants them to excel on the court and in any type 

20   of interscholastic sports, he places an emphasis 

21   on academics and on growing as successful 

22   contributors and citizens of our community.  

23                So Coach Adey, we're proud of you.  

24   You've had an outstanding record.  He's in the 

25   Hall of Fame.  He's been to Glens Falls more than 


                                                               2628

 1   Brian has come to the Capitol, I think.  

 2                And it's an honor to have you all in 

 3   the chamber today.  I would ask you that all 

 4   stand and ask my colleagues to recognize the 

 5   Class D State Champion New York Mills Basketball 

 6   Team.

 7                (Applause.)

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Little on the resolution.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.  

12                My hometown, Glens Falls, New York, 

13   is really proud to host the New York State 

14   Basketball tournament each year.  And it 

15   certainly is our own form of March Madness, but 

16   it's always exciting.  And New York Mills doesn't 

17   need any directions getting to Glens Falls, as 

18   they've been there many, many times.  

19                But I enjoyed watching your game.  

20   Not so much with the outcome of the Moriah game, 

21   but there was never any doubt as to who was going 

22   to win that game.  You played a great game, and 

23   it was fun to watch.  

24                It's also great to see such skilled 

25   athletes who have worked so hard to achieve this 


                                                               2629

 1   game and to be considered for the state champions 

 2   in their class.  And the game against Coleman was 

 3   a tough game, but played so well.  

 4                So congratulations to you, look 

 5   forward to seeing you in Glens Falls next year.  

 6                Thank you.

 7                ACTING PRESIDENT VALESKY:   Thank 

 8   you, Senator Little.  

 9                The question is on the resolution.  

10   All in favor say aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT VALESKY:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT VALESKY:   The 

16   resolution is adopted.

17                We want to congratulate the New York 

18   Mills Boys Varsity Basketball Team, Coach Adey 

19   and your entire staff on your tremendous 

20   accomplishment, and hope you are enjoying your 

21   day here at the State Capitol.  Thank you.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.

25                I believe that -- Senator Ball is 


                                                               2630

 1   not here.

 2                You know, I have another 

 3   announcement that I'd like to make, quite 

 4   frankly.  If I could please have everybody's 

 5   attention.  And could I have the doors closed, 

 6   please.  

 7                Could I have the doors closed, 

 8   please?  Thank you, Sarge.

 9                Today was a very moving and 

10   emotional day for all of us.  We had the Veterans 

11   Hall of Fame, and we met some pretty remarkable 

12   people.  

13                And one gentleman, I think Senator 

14   Stewart-Cousins had a gentleman that was 99 years 

15   old.  I got to meet him.  Actually, I got to have 

16   lunch with him, so I consider myself pretty 

17   lucky.  And he was incredible.  I chatted with 

18   him, and I told him I was from Binghamton.  And 

19   he says, "That's where the Susquehanna and 

20   Chenango Rivers meet."  And he knew where 

21   Binghamton was.  And he told me that he had been 

22   there and been to the VFW and the American 

23   Legions there.  

24                We honored some pretty remarkable 

25   people.  


                                                               2631

 1                We have a very remarkable individual 

 2   that serves with us.  And while I certainly 

 3   wouldn't want to take away from any one person, 

 4   I want to talk about our colleague Senator Bill 

 5   Larkin.  

 6                Today not only was he a major part 

 7   of Senator Ball's Hall of Fame of Veterans, but 

 8   later in the day Senator Larkin received a very 

 9   special honor.  He received an honor from the 

10   Secretary of the Army, John McHugh.  For some of 

11   you who don't know, John was once a Senator in 

12   this chamber, and now he's the Secretary of the 

13   Army.  And Brigadier General Timothy Trainor came 

14   up from West Point to bestow this honor on 

15   Senator Larkin today.

16                The brigadier general came to Albany 

17   to present Senator Bill Larkin with the United 

18   States Army's Decoration for Distinguished 

19   Civilian Service.  It is the highest award that 

20   the Secretary of the Army can grant a private 

21   citizen.

22                Ladies and gentlemen, our own Bill 

23   Larkin is a very special and distinguished man.  

24   Let's join me in giving him a round of applause.  

25                (Extended standing ovation.)


                                                               2632

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Larkin, I'm sure every member of this Senate 

 3   joins me in expressing to you how appreciative we 

 4   are of your service, but also that it is a great 

 5   honor and a privilege for each of us who are 

 6   Senators in this chamber to call you a colleague.

 7                So we thank you for your service, we 

 8   thank you for your leadership.  And as Senator 

 9   Skelos said at the presentation ceremony:  "When 

10   Bill Larkin speaks, everybody listens."

11                Congratulations.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                I believe Senator Ball has 

16   Resolution 5202 at the desk.  He would like it 

17   read in its entirety, and if you can please call 

18   on Senator Ball for comments.

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 5202, by Senator Ball, honoring 

23   Purple Heart Homes and its cofounders Dale Beatty 

24   and John Gallina for their dedicated service to 

25   the veterans of their community and the State of 


                                                               2633

 1   New York.  

 2                "WHEREAS, Members of the armed 

 3   services from the State of New York, who have 

 4   served so valiantly and honorably in wars in 

 5   which this country's freedom was at stake, as 

 6   well as in the preservation of peace in 

 7   peacetime, deserve a special salute from this 

 8   Legislative Body; and 

 9                "WHEREAS, It is the intent of this 

10   Legislative Body to commend those who have served 

11   in times of active conflict, as well as those  

12   who have served in times of peace; and 

13                "WHEREAS, Attendant to such concern,  

14   and in full accord with its long-standing 

15   traditions, this Legislative Body is justly proud 

16   to honor Purple Heart Homes, and its co-founders 

17   Dale Beatty and John Gallina for their dedicated 

18   service to the veterans in their community and 

19   the State of New York; and 

20                "WHEREAS, Dale Beatty and John 

21   Gallina were deployed in January 2004, for a tour 

22   with the National Guard Readiness NCO for the 

23   Statesville Unit; and 

24                "WHEREAS, Both were deployed to Iraq 

25   in 2004 in support of Operation Iraqi Freedom, 


                                                               2634

 1   where their unit was attached directly to the 

 2   1st Infantry Division near Bayji, Iraq; and 

 3                "WHEREAS, On November 15, 2004, 

 4   while on a patrol route highly littered with 

 5   active insurgent operations, the vehicle 

 6   Dale Beatty was riding in was hit by antitank 

 7   mines; the explosion was so severe, it left him a 

 8   double amputee below the knees; and 

 9                "WHEREAS, Dale Beatty spent over a 

10   year at Walter Reed Army Medical Center learning 

11   how to walk using prosthetic legs; when he 

12   returned home, there were no ramps, elevations, 

13   wide doorways or roll-in showers, all of which 

14   contribute to making his life as an amputee truly 

15   a challenge; and 

16                "WHEREAS, The Iredell Homes Builders  

17   Association and many members from the community  

18   from Statesville, North Carolina, as well as 

19   surrounding areas, in an outpouring of support, 

20   built a specially adapted barrier-free home for 

21   the Beatty family; and 

22                "WHEREAS, As a result of all the 

23   support from his community, Dale Beatty and his 

24   fellow soldier John Gallina wanted to help other  

25   service-connected disabled veterans with their 


                                                               2635

 1   housing solutions; together they co-founded 

 2   Purple Heart Homes, with funds from their 

 3   disability checks, to help veterans and their 

 4   caregivers who served in the military; and 

 5                "WHEREAS, Their journey together is  

 6   one of friendship, service, courage and 

 7   leadership; their shared experiences have created 

 8   a strong sense of community and have instilled in 

 9   them a humanitarian spirit to give back and make 

10   a difference in the lives of service-connected 

11   disabled veterans of all conflicts; and 

12                "WHEREAS, Currently, the Purple 

13   Heart Homes organization is made up of volunteers 

14   and professionals who share a common belief and  

15   a common desire to give back to those who have 

16   given so much for their country; and 

17                "WHEREAS, Purple Heart Homes offers 

18   two distinct programs for service-connected 

19   disabled veterans and their caregivers of all  

20   conflicts, the Veterans Aging in Place and the 

21   Veteran Home Ownership programs; and 

22                "WHEREAS, The Veterans Aging in 

23   Place Program is specifically designed to help 

24   older service-connected disabled veterans and  

25   their caregivers who currently own their own 


                                                               2636

 1   home; and 

 2                "WHEREAS, The Veteran Home Ownership 

 3   Program is specifically designed to enable 

 4   service-connected disabled veterans who do not 

 5   already own a home, become homeowners; and 

 6                "WHEREAS, The goal of both programs 

 7   is to help reintegrate veterans into the 

 8   community in which they live, and to proudly 

 9   acknowledge the sacrifice they have made on their 

10   country's behalf; and 

11                "WHEREAS, Whether it is adapting an 

12   already owned home, building a home from the 

13   ground up, or adapting and modifying a foreclosed 

14   home, Purple Heart Homes is committed to guiding 

15   the veteran through the entire process; and 

16                "WHEREAS, The ultimate goal of 

17   Purple Heart Homes is to empower the veteran, 

18   giving him or her a full complement of skill sets 

19   which enables them to be a functioning member of 

20   their family, as well as a contributing member of 

21   their community; and 

22                "WHEREAS, Having exhibited their 

23   patriotism both at home and abroad, Dale Beatty 

24   and John Gallina have demonstrated their love for  

25   their country and merit forevermore, the highest 


                                                               2637

 1   respect of their state and nation; and 

 2                "WHEREAS, Our nation's veterans 

 3   deserve to be recognized, commended and thanked 

 4   by the people of the State of New York for their 

 5   service and for their dedication to their 

 6   communities, their state and their nation; now, 

 7   therefore, be it 

 8                "RESOLVED, That this Legislative 

 9   Body pause in its deliberations to honor Purple 

10   Heart Homes and its co-founders Dale Beatty and 

11   John Gallina for their dedicated service to the 

12   veterans in their community and the State of 

13   New York; and be it further 

14                "RESOLVED, That copies of this 

15   resolution, suitably engrossed, be transmitted to 

16   Dale Beatty and John Gallina."

17                ACTING PRESIDENT VALESKY:   Senator 

18   Ball on the resolution.

19                SENATOR BALL:   Dale and John are 

20   also joined by Vicki Thomas and Joyce Cohen.  

21   Also here is Eugene Parrotta, who is a Veterans 

22   Hall of Fame honoree and also a Purple Heart 

23   recipient.  

24                What Dale and John went through is 

25   absolutely amazing to think that such a small 


                                                               2638

 1   percentage of our population carries the burden 

 2   and carries the weight of what is an 

 3   extraordinary freedom that we appreciate every 

 4   single day.

 5                These guys are from North Carolina.  

 6   And they have been recognized by CNN -- we won't 

 7   hold that against them -- as well as other 

 8   national and international news media.  And they 

 9   have taken great tragedy and turned it into 

10   something beautiful.

11                You know, we do a very good job of 

12   getting young men and women to raise that right 

13   hand and be willing to fight and die for this 

14   country.  We don't always do a great job in 

15   transitioning those young men and women back into 

16   the civilian workplace and back into our civilian 

17   way of life that they left to defend all of us.  

18                We've got to make sure that we keep 

19   America's promise to our veterans, especially our 

20   service-disabled veterans.  This chamber moved 

21   forward in a real substantial way by passing that 

22   set-aside for service-disabled vets, which is the 

23   highest in the country at 6 percent.  But there's 

24   still an awful lot of work that needs to be done.  

25                So these men and their team stand 


                                                               2639

 1   ready to work with each and every one of you in 

 2   your district.  If you have a veteran -- and it 

 3   can be from World War II, Iraq, Afghanistan, 

 4   anywhere in between -- if you have a veteran who 

 5   needs help, either a renovation or needs a home 

 6   built, these men and their team can get that 

 7   done.  

 8                I have a man in my district who's a 

 9   Vietnam vet, and he took shrapnel to the head.  

10   When he came back in 1971, he was not welcomed 

11   home the way he should have been.  These men, 

12   their team and my staff came together.  This man 

13   didn't even have a shower in his home.  He was on 

14   the verge of losing his home and becoming 

15   homeless.  And today, because of the work that 

16   was done by this community, not only is he going 

17   to have a home and help him with a lot of debt 

18   that he had, but that home is going to be 

19   completely renovated.  

20                So thank you so much for your 

21   continuing to do God's work.  Like you say all 

22   the time, Dale and John, we never leave a buddy 

23   behind during wartime, and we sure as hell 

24   shouldn't do it back at home when they're back 

25   here.  So God bless you, and thank you for 


                                                               2640

 1   everything that you guys do.  

 2                Please stand.

 3                (Extended standing ovation.)

 4                ACTING PRESIDENT VALESKY:   The 

 5   question is on the resolution.  All in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT VALESKY:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT VALESKY:   The 

12   resolution is adopted.

13                We welcome our special guests here 

14   today and thank you so much for the work that you 

15   do through Purple Heart Homes.  Hope you're 

16   enjoying your day here in the Capitol.

17                Senator Libous.

18                SENATOR LIBOUS:   Mr. President, I 

19   think we have Resolution 5187, by Senator Savino, 

20   at the desk.  She would like the reso read in its 

21   entirety.  And then if you could call on her, 

22   that would be great.

23                ACTING PRESIDENT VALESKY:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2641

 1   Resolution Number 5187, by Senator Savino, 

 2   welcoming the Staten Island Girl Scouts upon the 

 3   occasion of their visit to Albany, New York, on 

 4   Tuesday, May 20, 2014.  

 5                "WHEREAS, It is the sense of this 

 6   Legislative Body to act, in accord with its 

 7   long-standing traditions, honoring the youth of 

 8   today, and leaders of tomorrow, whose character 

 9   and achievements exemplify the ideals and values 

10   cherished by this great state and nation; and 

11                "WHEREAS, Attendant to such concern, 

12   and in full accord with its long-standing  

13   traditions, this Legislative Body is justly proud 

14   to welcome the Staten Island Girl Scouts upon the 

15   occasion of their visit to Albany, New York, on 

16   Tuesday, May 20, 2014; and 

17                "WHEREAS, This auspicious visit is 

18   part of their biannual trip to the Capital of  

19   this great Empire State and will include a pizza 

20   lunch with the Staten Island members of the 

21   Legislature, a tour of the Capitol building, 

22   recognition in the Senate and Assembly galleries 

23   with a resolution, and photos on the Million 

24   Dollar Staircase; and 

25                "WHEREAS, The Staten Island Girl 


                                                               2642

 1   Scouts visiting this year are Amy Azzopardi, 

 2   Ashley Melidones,  Audrey Gallagher, Brynne 

 3   Hitten, Celine Kelly, Elizabeth Mastoros, Emily 

 4   Casey, Genevieve Steinmetz, Giavanna Esposito, 

 5   Jayne Ryan, Jessica Orlando, Jessica Roesch, 

 6   Julia Desaro, Julie Mendez, Kaitlyn Casserly, 

 7   Katherine Cammayo, Kerry McCloskey, Lauren 

 8   Casella, Madolyn Jusick, Mary Mastoros, 

 9   MaryKathryn Brown, Meghan Holliday, Miriam Zayed, 

10   Nicole Renzetti, Rita Jerome, Sabrina Gallagher, 

11   Sarah Rosario, Shea McLaughlin, Sophia DeMartino, 

12   Stephanie Caputo, and Syleste Alexander; as well 

13   as Scout Leader Cheryl McCloskey and Chaperones 

14   Andrea Gallagher, Annette Orlando, Christine 

15   Melidones, Ellen Steiring, Joan Roesch, Karen 

16   Steinmetz, Nancy Casey, and Nichole Mendez; and 

17                "WHEREAS, Girl Scouting in the 

18   United States of America began on March 12, 1912, 

19   when Juliette 'Daisy' Gordon Low organized the  

20   first Girl Scout troop meeting of 18 girls in 

21   Savannah, Georgia; since then, it has grown to 

22   3.7 million members worldwide; and 

23                "WHEREAS, Girl Scouting has 

24   cultivated in our nation's young people the goals  

25   of building solid values of sisterhood and the 


                                                               2643

 1   importance of working with others, stimulating 

 2   both mind and body, instilling pride, and 

 3   encouraging community service and success; and 

 4                "WHEREAS, Girl Scouting has expanded 

 5   the horizons of the countless hundreds of 

 6   thousands who have participated in scouting  

 7   programs which have made scouting an American and 

 8   international institution; and 

 9                "WHEREAS, This Legislative Body is 

10   pleased to recognize the Staten Island Girl 

11   Scouts and to wish them a future of purposeful  

12   success and well-being; now, therefore, be it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to welcome the 

15   Staten Island Girl Scouts upon the occasion of  

16   their visit to Albany, New York, on Tuesday, 

17   May 20, 2014; and be it further 

18                "RESOLVED, That copies of this 

19   resolution, suitably engrossed, be transmitted to 

20   the Staten Island Girl Scouts."

21                ACTING PRESIDENT VALESKY:   Senator 

22   Savino on the resolution.

23                SENATOR SAVINO:   Thank you, 

24   Mr. President.  

25                On behalf of Senator Lanza and 


                                                               2644

 1   myself and the Assembly delegation from Staten 

 2   Island -- Assemblymembers Michael Cusick, Nicole 

 3   Malliotakis, Joe Borelli and Matt Titone -- we 

 4   welcome the Girl Scouts here to Albany for what's 

 5   becoming almost an annual trip, and one that we 

 6   look forward to every year.  

 7                And when we do this resolution, we 

 8   usually talk about the history of the Girl 

 9   Scouts, and we talk about the history of some of 

10   the Girl Scouts who are currently in this 

11   chamber.  I see Senator Hassell-Thompson smiling 

12   because she was a Girl Scout when she was young.  

13   And I know Senator Stewart-Cousins was a Girl 

14   Scout, and I think Senator Little was.  I myself 

15   was not one; we've talked about that in the past.  

16                But instead of talking about 

17   Girl Scouts from the past and the famous ones, 

18   let's talk what about Girl Scouts are doing 

19   today, because these are not your grandmother's 

20   Girl Scouts anymore.  

21                This is a 21st-century organization 

22   now that is focused on promoting women's health 

23   and equality and nondiscrimination and 

24   well-being.  They are focused on how girls should 

25   strive for personal and professional knowledge 


                                                               2645

 1   and excellence, both in their own lives and for 

 2   others.  They encourage leadership and 

 3   educational opportunities for girls.  They're 

 4   interest in getting girls involved in STEM, 

 5   strengthening financial literacy and 

 6   entrepreneurial skills.  They promote safe and 

 7   healthy living, civic-mindedness, diversity, 

 8   support for thriving nonprofit community.  

 9                They are truly a 21st-century 

10   organization, and we are thrilled to have them 

11   here with us as they tour the State Capitol.  

12                Every year, through the Girl Scouts 

13   Advocacy Network, they're developing federal and 

14   state legislative agendas.  Which is why they're 

15   not allowed to give us cookies anymore; it's 

16   considered lobbying.  They're prohibited from 

17   doing so.  But we appreciate it anyway.

18                So as we end this legislative session -- 

19   and we're not that far away -- let's not forget 

20   the young women who are going to come after us.  

21                Let's not forget the young women who 

22   help lead these troops.  The president of the 

23   Senate read off the names, but I just want to 

24   name them again.  The leader, Cheryl McCloskey; 

25   Karen Steinmetz, Joan Roesch, Nancy Casey, Andrea 


                                                               2646

 1   Gallagher, Annette Orlando, Christine Melidones, 

 2   Ellen Steiring, and Nichole Mendez.  The Girl 

 3   Scouts are able to continue because of women who 

 4   were Girl Scouts and give of their own time to 

 5   make sure the next generation becomes Girl 

 6   Scouts.  And they thrive at it.  

 7                So thank you for coming, 

 8   congratulations on all of your achievements.  

 9   Many of you have won Gold Awards since last year 

10   and you're working on Silver and Bronze Awards.  

11   Some of you have won religious Marian Medals from 

12   St. Patrick's Cathedral.  You are truly a 

13   remarkable bunch of young women, and we in 

14   Staten Island are very proud of each and every 

15   one of you.  

16                Welcome to Albany.

17                (Extended applause.)

18                ACTING PRESIDENT VALESKY:   The 

19   question is on the resolution.  All in favor 

20   signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT VALESKY:   Opposed, 

23   nay.  

24                (No response.)

25                ACTING PRESIDENT VALESKY:   The 


                                                               2647

 1   resolution is adopted.

 2                A special welcome to our Girl Scouts 

 3   from Staten Island.  Hope you're enjoying your 

 4   day.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Yes, 

 7   Mr. President.  Resolution Number 5157, by 

 8   Senator Parker, is at the desk.  Could we read it 

 9   in its entirety and call on Senator Parker.

10                ACTING PRESIDENT VALESKY:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 5157, by Senator Parker, 

14   commemorating the 60th anniversary of Brown v. 

15   Board of Education, the landmark United States 

16   Supreme Court decision that ended school 

17   segregation.  

18                "WHEREAS, It is the custom of this 

19   Legislative Body to recognize those milestones  

20   and significant events which represent turning 

21   points in our unique history and which are 

22   indelibly etched in the saga of our great nation; 

23   and 

24                "WHEREAS, Attendant to such concern,  

25   and in full accord with its long-standing 


                                                               2648

 1   traditions, this Legislative Body is justly proud  

 2   to commemorate the 60th anniversary of Brown v. 

 3   Board of Education, the landmark United States 

 4   Supreme Court decision that ended school 

 5   segregation; and 

 6                "WHEREAS, On May 17, 1954, the 

 7   United States Supreme Court unanimously ruled 

 8   that 'separate but equal' public schools for 

 9   blacks and whites were unconstitutional; and 

10                "WHEREAS, This landmark decision 

11   helped serve as a catalyst for the modern civil 

12   rights movement, inspiring education reforms  

13   across the nation and providing a basis for legal 

14   challenges to segregation in all areas of 

15   society; and 

16                "WHEREAS, Brown v. Board of 

17   Education was a consolidation of anti-segregation 

18   court cases from five different jurisdictions and 

19   included:  Brown v. Board of Education (Kansas), 

20   Briggs v. Elliot (South Carolina), Bulah v. 

21   Gebhart and Belton v. Gebhart (Delaware), Davis 

22   v. County School Board of Prince Edward County 

23   (Virginia), and Bolling v. Sharpe (District of 

24   Columbia); and 

25                "WHEREAS, These smaller cases were 


                                                               2649

 1   combined as part of a legal movement to remedy 

 2   the grossly inadequate conditions in segregated 

 3   black schools; they sought to overturn the 

 4   infamous 1896 case of Plessy v. Ferguson, which 

 5   had permitted racial segregation under the guise 

 6   of 'separate but equal'; and 

 7                "WHEREAS, The Supreme Court's Brown 

 8   decision was particularly important for how it 

 9   focused on the illegality of segregation itself; 

10   the court ruled that even if tangible factors 

11   like facilities, teachers and supplies were 

12   equal, separation itself was inherently unequal 

13   and a violation of the equal protection clause of 

14   the 14th Amendment; and 

15                "WHEREAS, The Supreme Court's  

16   unanimous opinion concluded that a quality 

17   education was crucial for all children and ruled 

18   that it was the state's responsibility to ensure 

19   educational equality; the Court also noted that 

20   segregation has a detrimental effect upon 

21   children of color and that the impact is more 

22   profound when it has the sanction of the law; and 

23                "WHEREAS, After Brown v. Board of 

24   Education, the nation made great strides toward 

25   opening the doors of education to all students; 


                                                               2650

 1   with court orders and active enforcement of 

 2   federal civil rights laws, progress toward 

 3   integrated schools continued to move forward; 

 4   more work is needed, however, to ensure 

 5   educational achievement and opportunity for all; 

 6   and 

 7                "WHEREAS, Equal access to 

 8   educational opportunities in our nation's public 

 9   schools is vitally important to both the social 

10   and economic well-being of our nation, as well as 

11   the success of our democracy as a whole; now, 

12   therefore be it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to commemorate  

15   the 60th anniversary of Brown v. Board of 

16   Education, the landmark United States Supreme 

17   Court decision that ended school segregation."

18                ACTING PRESIDENT VALESKY:   Senator 

19   Parker on the resolution.

20                SENATOR PARKER:   Thank you, 

21   Mr. President.  On the resolution.

22                As probably many of you know, this 

23   past Saturday was the 60th anniversary of Brown 

24   v. Board of Education.  And as we know, Brown 

25   ended legal segregation in schools of America.  


                                                               2651

 1   But Brown was actually much more than that. After 

 2   Plessy v. Ferguson in 1896, the Supreme Court had 

 3   declared that as long -- and this is quotes -- 

 4   "as long as the separate facilities were equal, 

 5   segregation did not violate the U.S. 

 6   Constitution."

 7                In America of the 1890s and through 

 8   1950, schools were segregated.  Trains, buses 

 9   were all segregated, restaurants and stores were 

10   segregated, and so on and so forth.  Much of 

11   public life had iron walls of legal and physical 

12   separation between the races, not only between 

13   blacks and whites, but from everyone.

14                Brown was not only just a case of 13 

15   parents in Topeka, Kansas, suing to let their 

16   children go to the white school rather than walk 

17   six blocks through a dangerous train yard 

18   {inaudible}.  Brown was not just about the South, 

19   either.  Of the five cases that were combined in 

20   the Brown decision, one was filed in Washington, 

21   D.C., one was filed in Delaware, and the other 

22   one was filed in Kansas.  Only two of the Brown 

23   cases were filed in the former Confederate states 

24   of the South.  

25                As we know, the Court's decision 


                                                               2652

 1   made it very clear -- in fact, crystal-clear -- 

 2   that not only were the racially segregated school 

 3   systems of the day unequal and illegal, but 

 4   segregated schools could never be equal and 

 5   therefore violated the U.S. Constitution.

 6                The road to that day 60 years ago 

 7   when the foundations of legal inequality in this 

 8   country were shattered was paved by the sacrifice 

 9   of heroic parents, families and communities.  On 

10   that day after the victory, the struggle for full 

11   racial equality began when brave young 

12   African-American children began enrolling in 

13   all-white schools, despite the promise of 

14   violence and threats of death.  

15                Today our communities' children go 

16   to schools together, work together, live 

17   together, and have no memory of the too-recent 

18   past when racial discrimination was the law of 

19   the land.  We have come way too far, and our 

20   solidarity will continue to win important 

21   progressive victories for all of us.  

22                Sixty years ago, Brown v. Board of 

23   Education began the end of racial discrimination 

24   and reminded all Americans of the promises 

25   inherent in our U.S. Constitution.  Brown also 


                                                               2653

 1   began the end of discrimination against Americans 

 2   based on gender, ethnicity, religion, national 

 3   origin, sexual orientation, age, and disability.  

 4   And for that, we are truly thankful.

 5                But we are not finished yet.  Many 

 6   of our schools, despite as far as we've come, 

 7   still at this moment continue to be very 

 8   segregated.  In fact, New York City still is one 

 9   of the most segregated cities in the entire 

10   country, and our schools reflect that.  

11                And so I want us all to take this 

12   moment to rededicate ourselves to living towards 

13   the promise of what Brown v. Board of Education 

14   gave us, which is again a place where we all can 

15   work and live together.

16                And so please also join me in 

17   thanking the brave families that fought for Brown 

18   v. Board of Education, and in the movement of 

19   praise and solidarity for the millions of 

20   Americans over the past 60 years who have worked 

21   to oppose all types of discrimination across our 

22   country.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT VALESKY:   Thank 

25   you, Senator Parker.


                                                               2654

 1                Senator Perkins on the resolution.

 2                SENATOR PERKINS:   Thank you very 

 3   much.  

 4                I want to take an opportunity to 

 5   speak upon this resolution, and I really want to 

 6   commend my colleague for those eloquent words and 

 7   reciting of the history of this very, very 

 8   important change in our country.  It's my honor 

 9   to partner with Senator Parker in sponsoring this 

10   very important resolution, which chronicles the 

11   very short yet entirely clarion Supreme Court 

12   decision that considered the question "What is 

13   equality?"  

14                The brilliance of the Brown decision 

15   was not about fine points of law or the intent of 

16   the drafters and ratifiers of the 14th Amendment.  

17   It was a decision that was about humanity, about 

18   hearts and minds, about a sense of what is right 

19   for our communities, for the holistic development 

20   of our young children.  It was a decision that 

21   established a principle, a principle that we 

22   still seek to achieve:  Integrated, equal 

23   educational programs for all.

24                Six decades later, we are still 

25   without the full measure of desegregation and 


                                                               2655

 1   integration that was promised and in practice has 

 2   been pursued at a pace that is deliberate but not 

 3   characterized by all due speed.  In fact, here in 

 4   New York we have substantial levels of de facto 

 5   segregation in our schools, with dense and 

 6   isolated concentrations of black and Latino 

 7   children.  In the same schools, in what can only 

 8   be called a correlation, the educational outcomes 

 9   of our children in these segregated schools are 

10   widely disparate as well.  

11                In addition, instead of reforming 

12   the whole system, we have created additional 

13   segregated educational facilities called charter 

14   schools.  These schools are inherently unequal 

15   and essentially practice a form of educational 

16   apartheid where there's not even equality in 

17   terms of "tangible resources" due to the 

18   privatization of public education.  

19                For instance, in my district below 

20   96th Street, you have public schools that are 

21   good enough for the children in those 

22   neighborhoods to attend, and then above 

23   96th Street you have public schools that are not 

24   good enough for the children to attend.  So we've 

25   created, quote, charter schools, which former 


                                                               2656

 1   Mayor Bloomberg called "private schools for 

 2   children of color."

 3                These charter schools, on an uneven 

 4   and unequal playing field, draw resources away 

 5   from the traditional public schools, thus 

 6   exacerbating negative outcomes for children of 

 7   color primarily.  Conclusively, inequalities 

 8   abound in a way that the Warren Court could never 

 9   have imagined.  

10                In 1954, the Court held that 

11   education is a right that must be made available 

12   on equal terms.  That's a mandate that we are 

13   still striving to achieve, and only wholesale 

14   reform of our educational system will get us 

15   there.  

16                Thank you.

17                ACTING PRESIDENT VALESKY:   Thank 

18   you, Senator Perkins.

19                Are there any other Senators who 

20   wish to be heard?

21                Senator Díaz on the resolution.

22                SENATOR DIAZ:   Thank you.  I take 

23   this opportunity to join in the resolution.  

24                However, I have to strongly express 

25   my objection to the observation made by my 


                                                               2657

 1   colleague Senator Perkins about charter schools.  

 2                Charter schools I always say are 

 3   godsends to our community.  Charter schools are 

 4   opening black and Hispanic neighborhoods.  

 5   Charter schools have been the solution to our 

 6   children that have been left behind.  So when my 

 7   colleague Senator Perkins speaks about trying to 

 8   make charter schools look evil, I have to object 

 9   to that.  

10                Charter schools, again, were the 

11   solution for black and Hispanic children that 

12   were left behind by the regular system and that 

13   they were not getting a good education.  Now, 

14   with charter schools, they are getting a good 

15   education, they have a great future.  And I just 

16   have to express my objection to Senator Perkins' 

17   observation of charter schools.

18                However, I am here to support the 

19   resolution and proudly congratulate the sponsor 

20   of the resolution.

21                ACTING PRESIDENT VALESKY:   Thank 

22   you, Senator Díaz.

23                The question is on the resolution. 

24   All in favor signify by saying aye.

25                (Response of "Aye.")


                                                               2658

 1                ACTING PRESIDENT VALESKY:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT VALESKY:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.

 9                I believe Resolution 5197, by 

10   Senator Perkins, is at the desk.  Could we have 

11   it read in its entirety and please call on 

12   Senator Perkins.

13                ACTING PRESIDENT VALESKY:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 5197, by Senator Perkins, 

17   commemorating the 89th birthday of Malcolm X, a 

18   singular human rights activist and one of the 

19   most influential African-American leaders in 

20   history.

21                "WHEREAS, It is the sense of this 

22   Legislative Body to recognize and commend 

23   individuals and events which celebrate our 

24   nation's great struggle to fulfill the promise of 

25   equality and opportunity for all; and 


                                                               2659

 1                "WHEREAS, Attendant to such concern,  

 2   and in full accord with its long-standing 

 3   traditions, this Legislative Body is justly proud 

 4   to commemorate the 89th birthday of Malcolm X, a 

 5   singular human rights activist, and one of the 

 6   most influential African-American leaders in 

 7   history; and 

 8                "WHEREAS, Malcolm X was born Malcolm 

 9   Little in Omaha, Nebraska, on May 19, 1925; and

10                 "WHEREAS, On January 14, 1958, 

11   Malcolm X married Betty Sanders; they had six 

12   children:  Attallah, Qubilah, Ilyasah, Gamilah, 

13   Malaak and Malikah; and

14                 "WHEREAS, Once a member of the 

15   Nation of Islam, Malcolm X was a Muslim  

16   minister, public speaker, and human rights 

17   activist; to his admirers, he was a courageous  

18   advocate for the rights of African-Americans in 

19   the face of institutionalized racism; and

20                "WHEREAS, After his departure from 

21   the Nation of Islam, Malcolm X founded Muslim 

22   Mosque Inc., and the Organization of Afro 

23   American Unity; he then became a Sunni Muslim and 

24   after his holy pilgrimage to Mecca he became 

25   El-Hajj Malik El-Shabazz; and


                                                               2660

 1                "WHEREAS, Malcolm X's pilgrimage to 

 2   Mecca, Saudi Arabia, proved life-altering and, 

 3   for the first time, he shared his thoughts and 

 4   beliefs with different cultures, and found the 

 5   response to be overwhelmingly positive; and   

 6                "WHEREAS, When he returned to the 

 7   United States, Malcolm X mentioned that while he 

 8   was abroad he had met men of all races that he 

 9   could call his  brothers; he also returned to the 

10   United States with a new outlook on the 

11   African-American struggle for equality, a new 

12   message for all mankind, and a new hope for the 

13   future; and 

14                "WHEREAS, On February 21, 1965,  

15   Malcolm X was assassinated while giving a lecture 

16   in the Audubon Ballroom, in New York City, which 

17   was subsequently designated as a landmark and 

18   currently houses the Malcolm X and Dr. Betty 

19   Shabazz Memorial and Educational Center; and 

20                "WHEREAS, In 1987, in honor of the 

21   slain civil rights leader, Lenox Avenue in 

22   Harlem, New York City, was named after Malcolm X; 

23   and 

24                "WHEREAS, In January 1999, family 

25   and friends of Malcolm X gathered at the Apollo 


                                                               2661

 1   Theatre in Harlem, New York, to witness the U.S. 

 2   Postal Service announce the debut of the new 

 3   Malcolm X postage stamp; the 33-cent 

 4   commemorative stamp is the 22nd stamp in the 

 5   Postal Service's Black Heritage series; the U.S. 

 6   Postal Service declared that Malcolm X was one of 

 7   the most influential black leaders of the 1960s, 

 8   and that he shaped the debate about race 

 9   relations and strategies for social change; now, 

10   therefore, be it 

11                "RESOLVED, That this Legislative 

12   Body pause in its deliberations to commemorate 

13   the 89th birthday of Malcolm X, a singular human 

14   rights activist and one of the most influential 

15   African-American leaders in history."

16                ACTING PRESIDENT VALESKY:   Senator 

17   Perkins on the resolution.

18                SENATOR PERKINS:   Thank you very 

19   much.

20                Today we honor a man who built a 

21   bridge from the civil rights movement here in the 

22   United States to the human rights movement across 

23   the entire world.  Malcolm X was a true visionary 

24   leader who saw the palpable universal connections 

25   between the systemic disempowerment and 


                                                               2662

 1   discrimination of African-American people here, 

 2   in the States, and in scores of other nations 

 3   throughout our global populace.  

 4                He was a freedom fighter in the 

 5   truest sense of the phrase, a man who was, quote, 

 6   outspoken in the pursuit of justice in the most 

 7   noble way that one human being can be, by 

 8   standing up for the rights of all others.

 9                He was a consummate believer in the 

10   unconquerable value of freedom.  In his 

11   philosophy of life, experiences taught him that 

12   one often had to wage war for it and be prepared 

13   to die for it.  He said:  "When a person places 

14   the proper value on freedom, there is nothing 

15   under the sun that he or she will not do to 

16   acquire that freedom.  Whenever you hear a man or 

17   a woman say he wants freedom but in the next 

18   breath he or she is going to tell you what he or 

19   she won't do to get it, or what he or she doesn't 

20   believe in doing in order to get it, he or she 

21   doesn't believe in freedom.  A man who believes 

22   in freedom will do anything under the sun to 

23   acquire or preserve his or her freedom."  

24                Malcolm X is one of the greatest and 

25   most distinguished revolutionaries this world has 


                                                               2663

 1   ever known.  He has inspired countless 

 2   generations, movements, world leaders, students, 

 3   scholars, social activists and freedom fighters.  

 4                One of the great causes that he 

 5   inspired is known as the December 12th Movement, 

 6   founded in 1987 in Newburgh, New York.  This 

 7   worldwide movement carries forth Malcolm's 

 8   universal notion that the conditions that black 

 9   people suffer in the United States are 

10   inextricably linked to the condition of Africans 

11   worldwide, with the common denominator that there 

12   is an economic basis to racism, slavery and 

13   neoslavery, meaning mass incarceration.

14                Every May 19th for the past 22 years 

15   in my district, on 125th Street, members of the 

16   December 12th movement canvass the neighborhood 

17   chanting his name:  "You say Malcolm, I say X.  

18   Malcolm X.  Malcolm X."  End of chant.  

19                In a show of unity, local 

20   shopkeepers close their businesses for a few 

21   hours to a chorus of "Disrespect.  Shut them 

22   down."  This is so everyone can truly take a few 

23   hours on the birthday of Malcolm X to cherish his 

24   legacy, remember his words, teachings, and the 

25   cardinal cause that drove him, and recommit to 


                                                               2664

 1   the fight for freedom.  

 2                This year I am extremely proud to 

 3   say our youth was heavily involved in this 

 4   expressive act of remembrance which now spans 

 5   multiple generations.  

 6                In closing, I must solemnly remark 

 7   that yesterday, on the 89th birthday of 

 8   Malcolm X, we lost one of his greatest foot 

 9   soldiers, defenders and protectors, Elombe Brath, 

10   a founder of the December 12th movement, a true 

11   Harlem nationalist and profound Pan-African.  

12   Both men, given the lives they lived and the 

13   values they held, are worthy of our conflictive 

14   emulation.  

15                Thank you.

16                ACTING PRESIDENT VALESKY:   Thank 

17   you, Senator Perkins.

18                Senator Sanders on the resolution.

19                SENATOR SANDERS:   Thank you, 

20   Mr. President.  

21                First I want to commend Senator 

22   Perkins for realizing and stating and having us 

23   all recognize the 89th birthday of Malcolm X.  I 

24   just wish to offer him a friendly amendment.  

25                You were kind enough to say that he 


                                                               2665

 1   was one of the most influential black leaders of 

 2   the 20th century.  I just would suggest to you 

 3   that we call him one of the most influential 

 4   leaders of the 20th century.

 5                SENATOR PERKINS:   (Inaudible.)

 6                SENATOR SANDERS:   Well, now, the 

 7   friendly amendment has been accepted with the 

 8   spirit that the Senator has shown.

 9                Some may say that Malcolm died, but 

10   I would argue that he didn't die.  In fact, I 

11   would argue that his spirit was just alive in a 

12   room that I was in with some young people 

13   downstairs.  

14                Some members of the Fortune Society 

15   had come before me, and they were very young 

16   people -- I don't know, twentyish, younger.  And 

17   they had fallen afoul of the law, and they had 

18   served their time in trying to redo themselves.  

19   And they were trying to find a roadmap, how do 

20   you pay your debt to society and yet turn into 

21   something productive, something constructive.  

22                And we were able to communicate, and 

23   I was able to show them that someone had done 

24   worse than they did.  Someone had went to jail 

25   and was such a horrible person in jail that he 


                                                               2666

 1   was known as Satan.  In a horrible way, he called 

 2   himself one of the worst degenerates that could 

 3   be, and yet was able to recreate himself into a 

 4   very moral, uplifting person, a model that this 

 5   country can look to proudly.

 6                And I would suggest to you by using 

 7   this model, I was able to speak to these young 

 8   people and say that, hey, you need to study -- if 

 9   you're looking for a roadmap, there's one right 

10   there.  There's a person who sank further than 

11   you and yet rose higher than any of us in here.  

12                And under those conditions, I would 

13   suggest to you that no, Malcolm didn't die as 

14   long as we are using his image, his ability, to 

15   change people's lives into something better.  

16                And that it is also interesting and 

17   perhaps fitting that Elombe passed on that day.  

18   Knowing Elombe, he would have it no other way.  

19   In one sense you could say he had the last laugh 

20   at this.

21                Having said those things, I again 

22   want to end where I started, by thanking the 

23   Senator for bringing this important issue to the 

24   floor.  

25                Thank you, Mr. President.


                                                               2667

 1                ACTING PRESIDENT VALESKY:   Thank 

 2   you, Senator Sanders.

 3                Senator Parker on the resolution.

 4                SENATOR PARKER:   Thank you, 

 5   Mr. President, on the resolution.

 6                First, let me begin by adding my 

 7   voice to those who are thanking and praising 

 8   Senator Perkins for his leadership on this 

 9   resolution and recognizing yesterday, May 19th, 

10   as Malcolm X's birthday.  

11                This 89th birthday is a milestone 

12   and important because, as we think about Malcolm 

13   X's legacy and his life, that much of what he 

14   taught, much of what he fought for are still 

15   relevant lessons today.  

16                There's four things -- to keep it 

17   short -- that I want to just appoint on that 

18   Malcolm X contributed not just to 

19   African-American culture and history, but things 

20   that we've learned as Americans.  

21                And the first is courage in the face 

22   of power.  Dr. King -- Dr. King.  Malcolm X in 

23   particular, in the context of what he was 

24   fighting for, to be able to speak truth to power 

25   in the way that he did was really one of the 


                                                               2668

 1   first times that African-Americans saw that.  And 

 2   I was kind of saying Dr. King because him and 

 3   Dr. King were oftentimes pitted against each 

 4   other intellectually, although never had the kind 

 5   of problems that we'd like to believe that they 

 6   had.  

 7                And in fact I was telling somebody 

 8   yesterday, those of you who are going to go to 

 9   see the X-Men movie this weekend, I would argue 

10   to you that the difference that you see between 

11   Professor X and Magneto is the Dr. King/Malcolm X 

12   dichotomy in terms of intellectual argument about 

13   how races of people ought to be moving forward.  

14   So we thank Stan Lee for, you know, whitewashing 

15   the story, but also putting it on the screen.  

16   So, you know, we'll figure that out later.

17                But this notion of courage in 

18   speaking truth to power, Malcolm X did in a way 

19   that almost no one else did.  And not just, you 

20   know, in the community but, you know, debated 

21   professors at Harvard University, went on 

22   television and debated the all of the great 

23   journalists of the time.  And I think that that 

24   was an important thing to see for the first time.  

25                It's now commonplace to see that.  


                                                               2669

 1   But remember, in the fifties and sixties that it 

 2   was not commonplace to see African-Americans 

 3   standing up for themselves and speaking raw truth 

 4   to power.  

 5                The second thing was the notion of 

 6   African culture and African-Americans coming out 

 7   of an African diasporic understanding.  And 

 8   sometimes -- you know, that's just something that 

 9   still hasn't taken full root.  But he was one of 

10   the first people in kind of a broad way to in 

11   fact talk about -- you know, and this is kind of 

12   a dialectical thing, but talk about blacks as 

13   Africans.  

14                And he often said that you could 

15   not -- that part of the problems that 

16   African-Americans had is that they hated 

17   themselves.  That in fact they were taught to 

18   hate Africa and so, by extension, because they 

19   hated Africa, they hated themselves.  He said how 

20   could you in fact hate the roots of a tree but 

21   not hate the tree itself.  Right?  

22                And one of my favorites, he said, 

23   you know, you understand just because we were 

24   born in America don't make us Americans.  Right?  

25   A cat having kittens in the oven don't make them 


                                                               2670

 1   biscuits.  Right?  That's what Malcolm used to 

 2   say.  And so that despite our years here, that we 

 3   continue to be African people.  

 4                Third -- and Senator Sanders talked 

 5   about this very eloquently -- is this notion of 

 6   transformation.  And almost anything else, if you 

 7   read The Autobiography of Malcolm X as told to 

 8   Alex Haley, one of the things that you get out is 

 9   that is exactly the point that Senator Sanders 

10   spoke to, which is transformation of Malcolm X, 

11   you know, from a dastardly criminal -- I mean, 

12   even by his own words -- to really one of the 

13   most significant spiritual and political and 

14   social leaders this country has ever seen.  

15                And that story has been important 

16   for people in our community who have read that 

17   book and said, If he can do it, then I also then 

18   see I can do it in myself.  And that's been an 

19   important contribution of Malcolm X.  

20                And lastly is that he always 

21   continued to elevate himself and evolve.  The 

22   only other person I would say, you know, in the 

23   context of African culture and history that you 

24   see in America who had that level of evolution is 

25   W.E.B. Du Bois.  Right?  Who when you read from 


                                                               2671

 1   The Souls of Black Folk to his later works, and 

 2   him leaving the United States and going to live 

 3   in Ghana, you know, over the 95 years that he 

 4   lived, he's a different person almost every 

 5   10 years.  You know, he talks about the "talented 

 6   tenth" and then he goes back and says, No, I 

 7   wasn't right when I said that.  Right?  

 8                And then you see, in the Du Boisian 

 9   metaphor, Malcolm X having that same kind of 

10   evolution, going from this kind of country -- you 

11   know, living in Detroit and in Boston and, you 

12   know, becoming this gangster in New York, going 

13   to jail.  

14                You know, and then as he becomes 

15   involved in the Nation of Islam and then becomes 

16   a minister for the Nation and becomes a very 

17   influential, you know, political and social 

18   leader, he continues to evolve from that 

19   understanding to an understanding where he makes 

20   Hajj and then starts to see an international 

21   connection of oppression.  And starts to see 

22   beyond just the racial categories that we get 

23   caught up, in of black and white and those kind 

24   of basic things, to start really speaking to 

25   people's conditions.  


                                                               2672

 1                And so, you know, as he dies, he 

 2   dies in a movement in which he's trying to unite 

 3   people in the world -- black, white, blue, green, 

 4   Muslims, Christians.  Right?  He broke out of the 

 5   bounds of the categories that we like to place 

 6   ourselves in.  

 7                And I think that it's a lesson for 

 8   all of us and hope that I am also able to make 

 9   those kind of evolutionary changes in my life, to 

10   be here as not just a member of this body but a 

11   member of the State of New York, a member of my 

12   community, a member of the world that finds new 

13   and innovative ways to unite our communities such 

14   that we continue to build a world that we'd all 

15   like to see our children grow up in.  

16                And so as we remember Malcolm X, we 

17   should remember these things:  Courage.  We 

18   should remember him, you know, in terms of pride 

19   in African culture, him being a transformational 

20   leader, but then also someone who always 

21   continued to evolve.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT VALESKY:   Thank 

24   you, Senator Parker.

25                Senator Montgomery on the 


                                                               2673

 1   resolution.

 2                SENATOR MONTGOMERY:   Yes, 

 3   Mr. President, thank you.  

 4                I rise to also thank my colleague 

 5   Senator Perkins for introducing this resolution, 

 6   which gives us an opportunity to be reminded and 

 7   to speak about this great leader, El-Hajj Malik 

 8   El-Shabazz, Malcolm X.  And I think, as we are 

 9   talking about him, I'm reminded of Martin Luther 

10   King, and I'm reminded of Paul Robeson before 

11   him, and I'm reminded of obviously Malcolm X.  

12                When at one point I heard Percy 

13   Sutton speak about his friendship with Malcolm X, 

14   he said that there was no church in Harlem that 

15   would agree to accept his body and to host a 

16   funeral for him.  And I thought about that, and I 

17   remember that I attended the funeral of Paul 

18   Robeson.  And there were very few people at this 

19   funeral, he had a very small funeral.  A man who 

20   was larger than life had very few people.

21                And in those times that Martin 

22   Luther King was down there in Alabama and 

23   Mississippi and Georgia and marching up and down 

24   the highways and the roadways and pushing through 

25   and in prison fighting for the civil rights of 


                                                               2674

 1   people, a whole group of people in this nation, 

 2   there were those who castigated him, and they 

 3   called him foolish, and he should wait and be 

 4   patient and take time and why couldn't he just 

 5   chill out a little bit and just wait.

 6                So now we celebrate Malcolm X.  And 

 7   thankfully, there are boulevards and streets and 

 8   buildings across the country that carry the name 

 9   of Martin Luther King and that carry the name of 

10   Malcolm X.  And hopefully we have some 

11   recognition of Paul Robeson as well.

12                But those great leaders, I just am 

13   reminded today that it's only now, after they 

14   have gone, that we feel empowered to speak about 

15   them and that we can talk about them even in this 

16   house.

17                So I'm very proud of that.  I 

18   understand how history works, what happens.  

19   Because we've had so many cases, so many 

20   instances, so many of our great leaders who have 

21   had the same experience.  But now, thankfully, we 

22   can stand here to say, in no uncertain terms, 

23   that this was a great leader, that he was a 

24   leader for people of color in this country, but 

25   he was also a leader of people who were 


                                                               2675

 1   powerless.  

 2                And so as my colleague Senator 

 3   Parker has said, he had the courage to stand up 

 4   when many of us didn't, as many of these great 

 5   leaders that we talk about today did, when they 

 6   were doing it and we were not able to do it.  

 7                But today we are, and I thank you, 

 8   Senator Perkins, for giving us this opportunity 

 9   to remind ourselves that we need to speak up for 

10   the greatness of these men and especially this 

11   man, Malcolm X, today.

12                Thank you.

13                ACTING PRESIDENT VALESKY:   Thank 

14   you, Senator Montgomery.

15                Senator Peralta on the resolution.

16                SENATOR PERALTA:   Thank you, 

17   Mr. President.  

18                I want to first thank Senator 

19   Perkins for this resolution and just give a 

20   little bit of trivia.  Malcolm X lived in the 

21   United Nations of all Senate districts, in East 

22   Elmhurst.  That happens to be the 13th Senatorial 

23   District, for those of you who don't know.  

24                Malcolm X lived in a small home in 

25   East Elmhurst, and on February 15th his home, 


                                                               2676

 1   located at 2311 97th Street, was firebombed.  And 

 2   he was able to wake up his family at 2:30 in the 

 3   morning and escape, and he left for Chicago at 

 4   that point.  

 5                But he was quoted on that day, when 

 6   the press asked him what are you going to do 

 7   about this, who was behind it, he said:  "It 

 8   doesn't frighten me.  It doesn't quiet me down in 

 9   any way, or shut me up."  Unfortunately, on 

10   February 21st, he was shot down in the Audubon 

11   Ballroom.

12                Malcolm X or, as he was known prior 

13   to Malcolm X, Malcolm Little, was quoted as 

14   saying:  A man who stands for nothing will fall 

15   for anything."

16                Malcolm was willing to die to defend 

17   his principles and his beliefs.  He was also 

18   quoted as saying "Wrong is wrong, no matter who 

19   says it or who does it.  Wrong is wrong." 

20                When he was alive, he was 

21   misunderstood.  People didn't understand what he 

22   was trying to say, what he was trying to preach.  

23   Now people understand what he was trying to say.  

24   Now people praise what he was trying to do, the 

25   courage he had to stand up when no one was 


                                                               2677

 1   standing up.  

 2                Malcolm stood for justice.  He stood 

 3   for equality.  He stood for dignity.  He stood 

 4   for respect.  He wanted an America just like 

 5   Martin Luther King wanted an America, to live to 

 6   up to its creed.  

 7                Let's remember Malcolm X and what he 

 8   stood for.  Because this is an individual that 

 9   had the courage to stand up for what was right at 

10   a time when not too many people were doing it.  

11                So thank you, Senator Perkins.  

12                ACTING PRESIDENT VALESKY:   Thank 

13   you, Senator Peralta.

14                Senator Hassell-Thompson on the 

15   resolution.

16                SENATOR HASSELL-THOMPSON:   Thank 

17   you, Mr. President.

18                I rise to congratulate Senator 

19   Perkins.  

20                When putting forth this resolution, 

21   a lot of the things that I had thought about to 

22   say have been said.  But one point that I think 

23   that becomes important, I appreciate the fact 

24   that we have evolved as a state and certainly as 

25   a chamber, whereas we can speak the name 


                                                               2678

 1   Malcolm X and that the history books for which 

 2   this resolution will become a part of will speak 

 3   more kindly of him than it did during his 

 4   lifetime.

 5                I had the opportunity to know him, 

 6   but more to know his wife and his children.  And 

 7   I've worked with two of his daughters.  And very 

 8   recently I saw Malaak, who -- all of whom, these 

 9   children are continuing to suffer great trauma 

10   because of the life that they lived as the 

11   daughters of Malcolm X.  But each time that I see 

12   Ilyasah, she says "It is easier because now the 

13   world doesn't hate my father."  

14                And so as we stand here in this 

15   chamber, hopefully we can help them heal as we 

16   help the world to understand that he was one of 

17   the most misunderstood -- and that wasn't because 

18   he was hard to understand, but the world wanted 

19   him to be misunderstood.  The world was not ready 

20   for the kind of unification that he tried to 

21   preach and believe.  

22                He evolved in his own life from hate 

23   to love and understanding.  And so as we stand 

24   here today to remember and remind, I am grateful 

25   for that evolution.  Because the soldier that I 


                                                               2679

 1   honored today that died three weeks before he was 

 2   able to receive his was an Italian gentleman.  

 3   And his life helped me to evolve, to accept and 

 4   be part of a community that is so diverse, and be 

 5   able to take some of the anger and hate that 

 6   righteously I have a right to feel, and put it 

 7   aside because I don't want the next generation to 

 8   hate in the same way that we have in the past.

 9                So I congratulate you, Senator 

10   Perkins, for making sure that every year on his 

11   birthday that we all help the healing process of 

12   hate in this country and we understand that you 

13   grow to be great by enlightenment and love.

14                Thank you, Mr. President.

15                ACTING PRESIDENT VALESKY:   Thank 

16   you, Senator Hassell-Thompson.

17                Are there any other Senators who 

18   wish to be heard?

19                Seeing none, the question is on the 

20   resolution.  All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT VALESKY:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT VALESKY:   The 


                                                               2680

 1   resolution is adopted.

 2                Senator LaValle.

 3                SENATOR LaVALLE:   Mr. President, 

 4   can we take up previously adopted Resolution 

 5   Number 4674, by Senator Kennedy, read the title 

 6   only, and Senator Kennedy will speak on that 

 7   resolution.

 8                ACTING PRESIDENT VALESKY:   The 

 9   Secretary will read the title of Resolution 4674.

10                THE SECRETARY:   Legislative 

11   Resolution Number 4674, by Senator Kennedy, 

12   commending the Buffalo Junior chamber of Commerce 

13   upon the occasion of their designation for 

14   special recognition by the New York State Junior 

15   Chamber of Commerce Board.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Kennedy.

18                SENATOR KENNEDY:   Thank you very 

19   much, Mr. President.  

20                It's with great pleasure that I rise 

21   today to commend Buffalo's Junior Chamber of 

22   Commerce for their outstanding work and for 

23   receiving special statewide recognition.

24                Founded in 1932, the Buffalo Junior 

25   Chamber of Commerce is a premier leadership 


                                                               2681

 1   training organization for young people ages 21 to 

 2   40 in Buffalo and Western New York.

 3                For over 75 years, this enterprising 

 4   group has made a positive difference in the lives 

 5   of their fellow Western New Yorkers through 

 6   community service, professional development, and 

 7   civic engagement.  

 8                Commonly known as the Buffalo 

 9   Jaycees, the Buffalo Junior Chamber of Commerce 

10   was honored with several awards from the New York 

11   State Junior Chamber of Commerce earlier this 

12   year.  In addition to being named Outstanding 

13   Local Chapter, the Buffalo Jaycees' individual 

14   awards included Outstanding Individual Vice 

15   President, Lindsay Krug; Outstanding Vice 

16   President of International Affairs, Joe Rembold; 

17   Outstanding Local Chapter Officer, Emily Ellett; 

18   Outstanding Very Important Partner, Jeremy 

19   Laubacker; Outstanding Public Relations, 

20   CJ Maurer; and Outstanding Vice President of 

21   Community Relations, Samantha Calabrese.  

22                This organization's strong belief in 

23   giving back, their commitment to developing 

24   community leaders, and their selfless 

25   humanitarian spirit have benefited the Buffalo 


                                                               2682

 1   community in so many ways for so many years.  

 2                Recently the Buffalo Jaycees 

 3   provided key support for Buffalo's Undy 5000, 

 4   which raises funds and awareness to combat colon 

 5   cancer.  They regularly participate in the 

 6   Allentown Litter Mob, a program that aims to 

 7   boost community pride through regular street 

 8   cleanups.  

 9                They've partnered with the 

10   International Institute of Buffalo through the 

11   Open World Leadership Center and hosted young 

12   professionals from Russia.  It was part of an 

13   exchange program to spur meaningful dialogue and 

14   potential economic opportunities for young 

15   professionals from around the world.  

16                They provide critical networking 

17   opportunities for Buffalo's young and aspiring 

18   and foster the type of can-do attitude necessary 

19   to sustain Buffalo's resurgent growth.  They've 

20   made an immense impact through Buffalo and 

21   Western New York.  These young people are part of  

22   a growing movement of millennials who are staying 

23   in or moving back to Buffalo.  

24                The number of people aged 20 to 34 

25   and living in Buffalo has shot upward by over 


                                                               2683

 1   10 percent, outpacing both state and federal 

 2   levels.  It's a reversal of the so-called brain 

 3   drain, and groups like the Buffalo Junior Chamber 

 4   of Commerce are one important force behind the 

 5   "brain gain" that we are experiencing in Western 

 6   New York.  

 7                Congratulations and thank you to the 

 8   Buffalo Jaycees.  

 9                Thank you, Mr. President.

10                ACTING PRESIDENT VALESKY:   Thank 

11   you, Senator Kennedy.  

12                This resolution was adopted on 

13   April 29th.

14                Senator LaValle.

15                SENATOR LaVALLE:   Mr. President, if 

16   we can return to reports of standing committees, 

17   I believe there is a report of the Finance 

18   Committee at the desk.

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will read the report of the Finance 

21   Committee.

22                THE SECRETARY:   Senator 

23   DeFrancisco, from the Committee on Finance, 

24   reports the following nominations.  

25                As members of the Republic Airport 


                                                               2684

 1   Commission:  Stella M. Barbera, of Lindenhurst, 

 2   and Robert W. Bodenmiller, of West Babylon.

 3                ACTING PRESIDENT VALESKY:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, each of 

 6   the nominations were discussed or proposed in the 

 7   Senate Finance Committee this morning, 

 8   unanimously recommended -- we unanimously 

 9   recommended that they be brought to the floor for 

10   a vote.  

11                And I move the nomination of each of 

12   these fine people.

13                ACTING PRESIDENT VALESKY:   The 

14   question is on the nominations of Stella Barbera 

15   and Robert Bodenmiller as members of the 

16   Republic Airport Commission.  All in favor 

17   signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT VALESKY:   Opposed, 

20   nay.

21                (No response.)

22                ACTING PRESIDENT VALESKY:   Stella 

23   Barbera and Robert Bodenmiller are hereby 

24   confirmed as members of the Republic Airport 

25   Commission.


                                                               2685

 1                Senator LaValle.

 2                SENATOR LaVALLE:   Mr. President, 

 3   can we just pause for a brief period here.

 4                ACTING PRESIDENT VALESKY:   The 

 5   Senate will pause briefly.

 6                SENATOR LaVALLE:   Mr. President, 

 7   can we stand at ease for a bit.

 8                ACTING PRESIDENT VALESKY:   The 

 9   Senate will stand at ease.

10                (Whereupon, the Senate stood at ease 

11   at 4:48 p.m.)

12                (Whereupon, the Senate reconvened at 

13   4:51 p.m.)

14                ACTING PRESIDENT VALESKY:   The 

15   Senate will come to order.

16                Senator Libous.  

17                SENATOR LIBOUS:   Mr. President, can 

18   we return to a resolution previously adopted 

19   today, Number 5002, by Senator Little.  Could we 

20   please read the title and call on Senator Little.

21                ACTING PRESIDENT VALESKY:   The 

22   Secretary will read the title of Senate 

23   Resolution 5002.

24                THE SECRETARY:   Legislative 

25   Resolution Number 5002, by Senator Little, 


                                                               2686

 1   memorializing Governor Andrew M. Cuomo to 

 2   proclaim May 18-25, 2014, as Fibromyalgia 

 3   Awareness Week in the State of New York.

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Little on the previously adopted resolution.

 6                SENATOR LITTLE:   Thank you, 

 7   Mr. President.

 8                And once again I thank Governor 

 9   Cuomo for naming this week as Fibromyalgia 

10   Awareness Week.  

11                I've had the privilege of speaking 

12   on this resolution before, and I do so again 

13   briefly.  

14                As you know, there are 10 million 

15   people in the United States who are affected by 

16   fibromyalgia, and the number is increasing.  It 

17   is a disease of debilitating, widespread pain and 

18   fatigue.  And for your friends, family or 

19   constituents who may have been diagnosed with 

20   fibromyalgia, the treatment is usually learn to 

21   live with it, because there is no cure or real 

22   treatment for fibromyalgia.  

23                We are fortunate, though, that we 

24   are making significant progress in the research 

25   that's being done on fibromyalgia.  And joining 


                                                               2687

 1   us in the gallery today we have some folks from 

 2   Albany Med and people who are involved in this.

 3                There are several organizations.  

 4   Certainly there is the National Fibromyalgia 

 5   Association, which works at providing information 

 6   and education to physicians so that they are 

 7   better able to deal with patients who are 

 8   presented with this diagnosis and also to be able 

 9   to diagnose them quicker than it has been in the 

10   past.

11                We have several other organizations:  

12   The International Institute for Human 

13   Empowerment; Integrated Tissue Dynamics, which is 

14   here in Rensselaer; and the National Fibromyalgia 

15   and Chronic Pain Association.  We have the 

16   founder and executive directors, Dr. Susan Shipe, 

17   of the Fibromyalgia Task Force, and we're joined 

18   by Dr. Rice and Dr. Albrecht from Albany Medical, 

19   who are doing a lot of research and testing, 

20   trying to come up with a better cure and some 

21   kind of treatment for fibromyalgia.

22                Through their awareness, their 

23   advocacy and their action, we are making 

24   progress.  And I wish them the best as they 

25   continue their efforts and would ask my 


                                                               2688

 1   colleagues to support them and all the 

 2   organizations working towards this.  

 3                But our focus this week is to 

 4   increase awareness on what fibromyalgia is and 

 5   the need for more research and better treatment.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT VALESKY:   Thank 

 8   you, Senator Little.  

 9                And again, this resolution was 

10   approved earlier this afternoon.  We welcome our 

11   special guests to the chamber today.

12                Senator Libous.

13                SENATOR LIBOUS:   Mr. President, can 

14   we take up the noncontroversial calendar.

15                ACTING PRESIDENT VALESKY:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   126, substituted earlier by Member of the 

19   Assembly Weisenberg, Assembly Print 8639, an act 

20   to amend the Real Property Tax Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                SENATOR SQUADRON:   Lay it aside.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is laid aside.


                                                               2689

 1                THE SECRETARY:   Calendar Number 

 2   127, substituted earlier by Member of the 

 3   Assembly Weisenberg, Assembly Print 8646, an act 

 4   to amend the Real Property Tax Law.

 5                SENATOR SQUADRON:   Lay it aside.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is laid aside.

 8                THE SECRETARY:   Calendar Number 

 9   279, substituted earlier by Member of the 

10   Assembly Nolan, Assembly Print 121, an act to 

11   amend the Education Law. 

12                SENATOR LIBOUS:   Lay the bill aside 

13   for the day.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is laid aside for the day.

16                THE SECRETARY:   Calendar Number 

17   350, by Senator Flanagan, Senate Print 4188, an 

18   act to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT VALESKY:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2690

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   391, by Senator Ranzenhofer, Senate Print 6981, 

 6   an act to amend the Facilities Development 

 7   Corporation Act.

 8                ACTING PRESIDENT VALESKY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   421, by Senator DeFrancisco, Senate Print 6482, 

20   an act to amend the State Finance Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                SENATOR SQUADRON:   Lay it aside.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is laid aside.


                                                               2691

 1                THE SECRETARY:   Calendar Number 

 2   426, by Senator Bonacic, Senate Print 7077A, an 

 3   act to amend the Estates, Powers and Trusts Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   428, by Senator Gallivan, Senate Print 762, an 

16   act to amend the Alcoholic Beverage Control Law.

17                SENATOR SQUADRON:   Lay it aside.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is laid aside.

20                THE SECRETARY:   Calendar Number 

21   469, by Senator Savino, Senate Print 3677A, an 

22   act to amend the Penal Law.

23                SENATOR SQUADRON:   Lay it aside.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is laid aside.


                                                               2692

 1                THE SECRETARY:   Calendar Number 

 2   518, by Senator Boyle, Senate Print 6828, an act 

 3   to amend the Highway Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT VALESKY:   Senator 

12   Boyle to explain his vote.

13                SENATOR BOYLE:   Thank you, 

14   Mr. President, to explain my vote.

15                I'd like to urge everyone, and 

16   myself included, to vote in favor of this bill, 

17   the Corey Swinson Memorial Bridge.  

18                Corey was the youngest of 

19   10 children, and a graduate of Bay Shore High 

20   School.  He played college basketball and 

21   football and was drafted by the NFL in 1995, 

22   spending preseason on the Miami Dolphins roster, 

23   and in that same year played defensive tackle for 

24   the St. Louis Rams.  

25                He then embarked on a career in 


                                                               2693

 1   personal security, protecting A-list athletes and 

 2   celebrities.  However, Corey always felt drawn to 

 3   the field of education, a field in which he could 

 4   contribute to the betterment of young people.  He 

 5   returned to Long Island, where he coached 

 6   football at his alma mater, Bay Shore High 

 7   School.  

 8                In 2002, Corey joined the Bay Shore 

 9   Schools as the director of security.  And if you 

10   saw the size of Corey, you'd know why he was the 

11   director of security -- huge guy.  He quickly 

12   established a reputation as one of Long Island's 

13   most respected voices in school safety.  In 2012, 

14   Corey assumed the position of director of 

15   security for the Copiague School District.  

16                Corey was a dedicated single father 

17   and is survived by his mother, Carrie Swinson, 

18   his siblings -- Robert, Betty, Gwen, Ernie, 

19   Eugenia, Pam, Lisa, Paula, David, and Matthew -- 

20   and an ever-increasing assortment of nieces and 

21   nephews.  Corey was also fortunate to have a 

22   wonderful extended family, consisting of his 

23   lifelong friends he met over 42 years in the 

24   Bay Shore/Brightwaters community.  

25                We lost Corey far too soon.  This 


                                                               2694

 1   bridge will memorialize the life of Corey Swinson 

 2   and will serve to commemorate the heartfelt 

 3   community service and dedication that Corey 

 4   provided to our Bay Shore/Brightwaters community.  

 5                I vote strongly in the affirmative.  

 6   Thank you.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Boyle to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   519, by Senator Gallivan, Senate Print 6842, an 

15   act to amend the Highway Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               2695

 1                THE SECRETARY:   Calendar Number 

 2   522, substituted earlier by Member of the 

 3   Assembly Buchwald, Assembly Print 9055, an act to 

 4   amend the Surrogate's Court Procedure Act.

 5                SENATOR SQUADRON:   Lay it aside, 

 6   please. 

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is laid aside.

 9                THE SECRETARY:   Calendar Number 

10   525, by Senator Bonacic, Senate Print 7143, an 

11   act to amend the Civil Practice Law and Rules.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   536, by Senator Marcellino, Senate Print 3854A, 

24   an act to amend the Tax Law.

25                SENATOR SQUADRON:   Lay it aside.


                                                               2696

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is laid aside.

 3                THE SECRETARY:   Calendar Number 

 4   551, by Senator LaValle, Senate Print 1650A, an 

 5   act to amend the --

 6                SENATOR LIBOUS:   Lay it aside for 

 7   the day, please.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is laid aside for the day.

10                THE SECRETARY:   Calendar Number 

11   552, by Senator LaValle, Senate Print 4469A, an 

12   act to amend the Education Law.

13                SENATOR SQUADRON:   Lay it aside.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is laid aside.

16                THE SECRETARY:   Calendar Number 

17   553, by Senator Hannon, Senate Print 5060A, an 

18   act to amend the Education Law.

19                SENATOR SQUADRON:   Lay it aside.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is laid aside.

22                THE SECRETARY:   Calendar Number 

23   556, substituted earlier by Member of the 

24   Assembly Rosenthal, Assembly Print 746A, an act 

25   to amend the Public Health Law.


                                                               2697

 1                SENATOR SQUADRON:   Lay it aside.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is laid aside.

 4                THE SECRETARY:   Calendar Number 

 5   557, substituted earlier by Member of the 

 6   Assembly Schimminger, Assembly Print 4611B, an 

 7   act to amend the Public Health Law.

 8                SENATOR SQUADRON:   Lay it aside.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is laid aside.

11                THE SECRETARY:   Calendar Number 

12   560, by Senator Hannon, Senate Print 4509, an act 

13   to amend the Social Services Law.

14                SENATOR SQUADRON:   Lay it aside.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is laid aside.

17                THE SECRETARY:   Calendar Number 

18   567, by Senator Hannon, Senate Print 7163, an act 

19   to amend the Public Health Law. 

20                SENATOR SQUADRON:   Lay it aside.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is laid aside.

23                THE SECRETARY:   Calendar Number 

24   574, by Senator Bonacic, Senate Print 2040A, an 

25   act to amend the Penal Law. 


                                                               2698

 1                SENATOR SQUADRON:   Lay it aside.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is laid aside.

 4                THE SECRETARY:   Calendar Number 

 5   576, by Senator Golden, Senate Print 2174, an act 

 6   to amend the Civil Rights Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 6.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

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

15   Senator Perkins recorded in the negative.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   589, by Senator Marcellino, Senate Print 1520, an 

20   act to amend the Penal Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               2699

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 589:  Ayes, 59.  Nays, 1.  

 5   Senator Perkins recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   597, substituted earlier by Member of the 

10   Assembly Robinson, Assembly Print 9037A, an act 

11   to amend the Banking Law. 

12                SENATOR SQUADRON:   Lay it aside.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is laid aside.

15                THE SECRETARY:   Calendar Number 

16   603, by Senator Valesky, Senate Print 4652A, an 

17   act to amend the General Business Law.

18                SENATOR SQUADRON:   Lay it aside.

19                SENATOR SAVINO:   Lay it aside for 

20   the day, please.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is laid aside for the day.

23                THE SECRETARY:   Calendar Number 

24   614, by Senator Bonacic, Senate Print 7019, an 

25   act to amend Chapter 473 of the Laws of 2010.


                                                               2700

 1                SENATOR SQUADRON:   Lay it aside.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is laid aside.

 4                THE SECRETARY:   Calendar Number 

 5   627, by Senator Marcellino, Senate Print 6973A, 

 6   an act to amend the Environmental Conservation 

 7   Law.

 8                ACTING PRESIDENT VALESKY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call the 

13   roll.

14                (The Secretary called the roll.)

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

16   Senator Ball recorded in the negative.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   628, by Senator Ranzenhofer, Senate Print 6978, 

21   an act to amend Chapter 307 of the Laws of 2005.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2701

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

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

 5   Senator Ball recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   629, by Senator Martins, Senate Print 6982A, an 

10   act to amend the Environmental Conservation Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

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

19   Senator Ball recorded in the negative.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   630, by Senator Martins, Senate Print 6983A, an 

24   act to amend the Environmental Conservation Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               2702

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.  Nays, 2.  

 8   Senators Ball and LaValle recorded in the 

 9   negative.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   631, by Senator Martins, Senate Print 6984A, an 

14   act to amend the Environmental Conservation Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.  Nays, 2.  

23   Senators Ball and LaValle recorded in the 

24   negative.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               2703

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   633, by Senator Grisanti, Senate Print 6988A, an 

 4   act to amend the Environmental Conservation Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.  Nays, 3.  

13   Senators Ball, Griffo and LaValle recorded in the 

14   negative.  

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   634, by Senator Martins, Senate Print 6991A, an 

19   act to amend the Environmental Conservation Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               2704

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.  Nays, 2.  

 3   Senators Ball and LaValle recorded in the 

 4   negative.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   635, by Senator Martins, Senate Print 6992A, an 

 9   act to amend the Environmental Conservation Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.  Nays, 2.  

18   Senators Ball and LaValle recorded in the 

19   negative.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   645, by Senator DeFrancisco, Senate Print 1790, 

24   an act to amend the Navigation Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               2705

 1   last section.

 2                THE SECRETARY:   Section 5.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   648, by Senator Ritchie, Senate Print 2113, an 

12   act to amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   649, by Senator Rivera, Senate Print --

25                SENATOR LIBOUS:   Lay it aside.


                                                               2706

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is laid aside.

 3                THE SECRETARY:   Calendar Number 

 4   672, by Senator Felder, Senate Print 7210, an act 

 5   to amend the Family Court Act.

 6                SENATOR SQUADRON:   Lay it aside.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is laid aside.

 9                THE SECRETARY:   Calendar Number 

10   707, substituted earlier by Member of the 

11   Assembly Silver, Assembly Print 9578, an act to 

12   amend the Real Property Tax Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   716, by Senator Carlucci, Senate Print 1980B, an 

25   act to amend the Alcoholic Beverage Control Law.


                                                               2707

 1                SENATOR SQUADRON:   Lay it aside.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is laid aside.

 4                THE SECRETARY:   Calendar Number 

 5   722, by Senator Savino, Senate Print 3682, an act 

 6   to amend the Tax Law.

 7                SENATOR SQUADRON:   Lay it aside.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is laid aside.

10                Senator Libous, that completes the 

11   noncontroversial reading of the calendar.

12                The Secretary will ring the bell as 

13   we proceed to the reading of the controversial 

14   calendar.

15                SENATOR LIBOUS:   Mr. President, if 

16   we could start the controversial calendar at 

17   Calendar Number 553, by Senator Hannon.

18                ACTING PRESIDENT VALESKY:   The 

19   Secretary will place Calendar Number 553 before 

20   the house.

21                THE SECRETARY:   Calendar Number 

22   553, by Senator Hannon, Senate Print 5060A, an 

23   act to amend the Education Law.

24                SENATOR SQUADRON:   Explanation.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               2708

 1   Hannon, an explanation has been requested by 

 2   Senator Squadron.

 3                SENATOR HANNON:   Thank you, 

 4   Mr. President.  

 5                This is legislation that would 

 6   clarify action by this Legislature that we took 

 7   in the 2013 budget to make sure the intent as to 

 8   how many physician's assistants should be 

 9   employed or supervised by a physician at any one 

10   time.  

11                The PAs, the physician assistants in 

12   this state feel there's a need for clarification 

13   so that, as the demands upon the medical system 

14   increase -- you know, we've had Obamacare, it's 

15   been relatively successful in the enrollments, 

16   both in private insurance and Medicaid in this 

17   state, so that we have nearly 800,000 more people 

18   covered by insurance than we did just before 

19   January 1.  

20                So this is a need to clarify this.  

21   And I would think it should be addressed by the 

22   body positively.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Stavisky, why do you rise?

25                SENATOR STAVISKY:   If the sponsor 


                                                               2709

 1   would yield.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Hannon, do you yield?

 4                SENATOR HANNON:   Yes.

 5                ACTING PRESIDENT VALESKY:   The 

 6   sponsor yields.

 7                SENATOR STAVISKY:   Through you, 

 8   Mr. President.  Line 4 of the bill says that no 

 9   physician shall employ or supervise more than 

10   four physician assistants at any one time.  Can 

11   you explain to us what the word "supervise" 

12   means?

13                SENATOR HANNON:   What the word 

14   "supervise" means?  I presume, since it's been in 

15   the law for a number of years, that it is the 

16   common-sense type of thing of looking at the 

17   actions of the individual, providing guidance, 

18   mentoring, advice in regard to the actions of the 

19   individual.  

20                And all would be done in regard to 

21   the professional scope of practice of both the 

22   physician and the physician's assistant.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Stavisky.

25                SENATOR STAVISKY:   Would the 


                                                               2710

 1   sponsor continue to yield?  

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Hannon, do you continue to yield?

 4                SENATOR HANNON:   Yes.

 5                ACTING PRESIDENT VALESKY:   The 

 6   sponsor yields.

 7                SENATOR STAVISKY:   Does that mean 

 8   that the person has to be in the same room?

 9                SENATOR HANNON:   I would think it 

10   would be a question of situation.  If you're 

11   asking someone to do a task that's a matter of 

12   routine and you don't have to be in the same 

13   room, no.

14                There is a question sometimes that 

15   arises to what the various payment systems will 

16   require -- Medicare, Medicaid, private insurance 

17   and whatever rules they would have.  I'm not 

18   familiar, but I know that in other situations 

19   there have been certain rules that have to be 

20   followed, so they would have to be in the same 

21   room.  

22                Sometimes they can be in the same 

23   suite in terms of the medical practices, 

24   sometimes they can be in the same operating room, 

25   sometimes it's just the same building.  But that 


                                                               2711

 1   all has to be done according to the billing 

 2   requirements.

 3                But that's not what this bill is 

 4   doing.  This bill is just dealing with the scope 

 5   of practice.

 6                SENATOR STAVISKY:   If the sponsor 

 7   would continue to yield.

 8                SENATOR HANNON:   Yes.

 9                ACTING PRESIDENT VALESKY:   The 

10   sponsor yields.

11                SENATOR STAVISKY:   In other words, 

12   we're assuming that supervision requires some 

13   kind of close proximity.  Am I correct in that 

14   assumption?

15                SENATOR HANNON:   I'm not sure.  

16   That's not something that I would be aware of.

17                You're making the assumption that it 

18   has to be close proximity.  What I think my 

19   answer to the prior question was is it depends on 

20   the situation.

21                SENATOR STAVISKY:   If the sponsor 

22   would continue to yield.

23                SENATOR HANNON:   Yes.

24                ACTING PRESIDENT VALESKY:   The 

25   sponsor yields.


                                                               2712

 1                SENATOR STAVISKY:   Would 

 2   availability via the Internet be included in 

 3   supervision?  In other words, whether they can 

 4   perhaps be another location, would that include 

 5   supervision?

 6                SENATOR HANNON:   I don't believe 

 7   so.

 8                SENATOR STAVISKY:   If the sponsor 

 9   would continue to yield.

10                SENATOR HANNON:   Yes.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields.

13                SENATOR STAVISKY:   There are other 

14   professions that have similar requirements of 

15   supervision -- the nurse anesthetists, the 

16   midwives, there are quite a few that require 

17   supervision.  Would you extend this legislation 

18   to those professions?

19                SENATOR HANNON:   I would submit 

20   that this legislation deals with physician 

21   assistants only, and that's what the discussion 

22   is limited to.

23                SENATOR STAVISKY:   If the sponsor 

24   would continue to yield.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               2713

 1   Hannon?

 2                SENATOR HANNON:   Yes.

 3                ACTING PRESIDENT VALESKY:   The 

 4   sponsor yields.  

 5                Senator Stavisky, a reminder to 

 6   direct questions through the chair, please.

 7                SENATOR STAVISKY:   Sorry, 

 8   Mr. President.

 9                The original version of the bill 

10   permitted six PAs in the practice.  This is an 

11   A-print and limits the number to four.  Can the 

12   sponsor explain why the number has been reduced?

13                SENATOR HANNON:   I don't have prior 

14   version of the bill with me.  I only know what 

15   we're doing with this piece of legislation that's 

16   before us now.  

17                SENATOR STAVISKY:   Thank you, 

18   Mr. President.

19                Senator, thank you for your 

20   responses.

21                ACTING PRESIDENT VALESKY:   Are 

22   there any other Senators who wish to be heard?

23                Seeing none, the debate is closed.  

24                The Secretary will ring the bell.

25                Senator Libous.  


                                                               2714

 1                SENATOR LIBOUS:   Mr. President, if 

 2   members could sit in their seats, it would be 

 3   very helpful.  Because the rule tells us that 

 4   members need to be in their seats for a vote 

 5   count.

 6                ACTING PRESIDENT VALESKY:   Members 

 7   are asked to sit in their seats.  

 8                Also a reminder that there are a 

 9   number of bills scheduled to be debated today, so 

10   members should stay in the chamber or near the 

11   chamber following this roll call.

12                SENATOR LIBOUS:   Mr. President, if 

13   you could call the roll.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the first of January.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  

22                Absent from voting:  Senator 

23   Bonacic.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               2715

 1                Senator Libous.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.  If we could now take up 

 4   Calendar 560, by Senator Hannon.

 5                ACTING PRESIDENT VALESKY:   The 

 6   Secretary will place Calendar 560 before the 

 7   Senate.

 8                THE SECRETARY:   Calendar Number 

 9   560, by Senator Hannon, Senate Print 4509, an act 

10   to amend the Social Services Law.

11                SENATOR RIVERA:   Explanation.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Hannon, an explanation has been requested by 

14   Senator Rivera.

15                SENATOR HANNON:   Yes.  This is 

16   legislation that would direct the Department of 

17   Health to convene a Health Technology Assessment 

18   Committee so that there would be a formal input 

19   in regard to many of the proposed medical devices 

20   that are eligible for reimbursement under the 

21   state's Medicaid program.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Rivera.

24                SENATOR RIVERA:   Through you, if 

25   the sponsor would yield for a few questions.


                                                               2716

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Hannon, do you yield?  

 3                SENATOR HANNON:   One question at a 

 4   time.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Hannon yields one question at a time.

 7                SENATOR RIVERA:   Duly noted, 

 8   Mr. President.  

 9                SENATOR LIBOUS:   Mr. President, 

10   there's a lot of talking in the back of the 

11   chamber.  

12                If staff is here talking to members, 

13   I would politely ask you to leave and have your 

14   conversations outside the chamber so that we can 

15   hear the vigorous debate between Senator Rivera 

16   and Senator Hannon.

17                ACTING PRESIDENT VALESKY:    

18   Conversations are asked to be taken outside of 

19   the chamber.

20                Senator Rivera, proceed with your 

21   question.

22                SENATOR RIVERA:   Thank you, 

23   Mr. President.

24                Through you.  Through you, 

25   Mr. President.  What exactly would the Technology 


                                                               2717

 1   Assessment Committee do?  What is the exact 

 2   function that they would perform?  

 3                SENATOR HANNON:   It would be 

 4   analogous to the Drug Utilization Committee, 

 5   which is strictly looking at whether or not a 

 6   specific pharmaceutical product would be added to 

 7   the formulary that's available as a preferred 

 8   drug to a patient.  This would be analogous to 

 9   that, so that the many different types of health 

10   technologies could be evaluated, could be looked 

11   at as to the efficacy.

12                Now, there's a certain amount of 

13   anything is safe if it's gone through FDA 

14   approval, but you also want to look at efficacy 

15   as to how efficient is it in terms of saving 

16   steps, saving procedures, reducing medical costs.  

17   And then they could also be advising in regard to 

18   costs.  But we have not put in costs like we've 

19   done for the Drug Utilization Committee.

20                SENATOR RIVERA:   Through you, 

21   Mr. President, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Hannon, do you continue to yield?

25                SENATOR HANNON:   Yes.


                                                               2718

 1                ACTING PRESIDENT VALESKY:   The 

 2   sponsor yields.

 3                SENATOR RIVERA:   Thank you, 

 4   Mr. President.  

 5                So this process that they have to 

 6   undergo to consider all that you said earlier -- 

 7   it obviously is a very thorough list of some of 

 8   the things that have to be considered -- then 

 9   ultimately the members of the committee would 

10   make a recommendation as a whole?  Would they 

11   take a vote internally in the committee?  How 

12   exactly would they determine, after they take 

13   everything into consideration that you just 

14   described, how would they ultimately make a 

15   decision about what goes on that list?  Is that 

16   something that is outlined in this piece of 

17   legislation?  

18                SENATOR HANNON:   Page 5 of the 

19   proposal, at least in my bill draft, is they 

20   shall consider matters related to it, notice on 

21   the website prior to the meeting of it, there 

22   shall be a description of the technology to be 

23   reviewed, the conditions, medical conditions to 

24   be impacted, proposals to be considered, 

25   opportunity for people to present.  And there 


                                                               2719

 1   shall be notice of direct coverage recommendation 

 2   by the committee, and the commissioner shall give 

 3   notice of the recommendation itself.

 4                SENATOR RIVERA:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Hannon, do you continue to yield?  

 9                SENATOR HANNON:   Yes.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR RIVERA:   So I still find it 

13   hard to understand.  Are they actually going to 

14   make a decision internally --

15                SENATOR HANNON:   A recommendation.

16                SENATOR RIVERA:   They would make a 

17   recommendation.  Through you, Mr. President, they 

18   would make a recommendation to the commissioner, 

19   and ultimately the Commissioner of Health would 

20   make the ultimate decision?

21                SENATOR HANNON:   That's correct.

22                SENATOR RIVERA:   Through you, 

23   Mr. President, if the sponsor would continue to 

24   yield.

25                SENATOR HANNON:   Yes.


                                                               2720

 1                ACTING PRESIDENT VALESKY:   The 

 2   sponsor yields.

 3                SENATOR RIVERA:   There are, I 

 4   believe, 13 members of the committee.  Who would 

 5   appoint those folks?

 6                SENATOR HANNON:   It's the 

 7   commissioner.  The Commissioner of Health.

 8                SENATOR RIVERA:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields.

13                SENATOR RIVERA:   Would there be any 

14   process that could perhaps influence who these 

15   folks would be, suggestions from either the 

16   Legislature or from other folks in the Executive?  

17   Or how exactly would this -- what pool would 

18   these folks come from?

19                SENATOR HANNON:   What pool?  I'm 

20   sorry, I didn't understand your question.

21                SENATOR RIVERA:   Through you, 

22   Mr. President, would there be -- these folks, who 

23   exactly would they be?  When I said pool, I'm 

24   referring to a group of people perhaps that would 

25   be more likely to be chosen for this role.


                                                               2721

 1                SENATOR HANNON:   As is provided in 

 2   the proposed legislation, there's 13 members.  

 3   Their usual term would be three years.  There's 

 4   an initial set of staggered terms.  You may have 

 5   reappointments.  

 6                The membership shall be six persons 

 7   licensed and actively engaged in the practice of 

 8   medicine in the state, a person licensed and 

 9   actively engaged in practice as a nurse 

10   practitioner or midwife, another person who's a 

11   representative of a health technology or medical 

12   device organization with a regional, statewide or 

13   national constituency, and is a healthcare 

14   professional licensed under Title 8 of the 

15   Education Law, a person with expertise who's a 

16   licensed healthcare professional, again under 

17   Title 8 of the Education Law, and three 

18   consumers.

19                SENATOR RIVERA:   Through you, 

20   Mr. President, if the sponsor would continue to 

21   yield.

22                SENATOR HANNON:   Yes.

23                ACTING PRESIDENT VALESKY:   The 

24   sponsor yields.

25                SENATOR RIVERA:   Thank you, 


                                                               2722

 1   Mr. President.

 2                So if I'm not mistaken, there was a 

 3   demonstration program that existed a while back 

 4   that created a Health Technology Assessment 

 5   Committee.  Are you familiar -- through you, 

 6   Mr. President, is the sponsor familiar with this 

 7   program, with the demonstration program?  

 8                SENATOR HANNON:   I only vaguely 

 9   remember it.  It's not in my file.

10                SENATOR RIVERA:   I'm sorry, 

11   Mr. President, I did not understand the answer.

12                SENATOR HANNON:   Not enough to make 

13   a response on based on what they did or did not 

14   do.

15                SENATOR RIVERA:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Hannon, do you continue to yield?  

20                SENATOR HANNON:   Yes.

21                ACTING PRESIDENT VALESKY:   The 

22   sponsor yields.

23                SENATOR RIVERA:   So my follow-up 

24   question was about this demonstration program, 

25   whether it was successful and, you know, why 


                                                               2723

 1   exactly it's taken over 30 years for the idea of 

 2   it to be valid again.  

 3                I guess through you, Mr. President, 

 4   I'll ask a general question.  Why has it taken -- 

 5   this demonstration program, I believe it expired 

 6   in 1983.  Why has it taken over 30 years to renew 

 7   it if it was a successful program?

 8                SENATOR HANNON:   I think because we 

 9   had the Medicaid redesign program, where a number 

10   of changes were made or recommendations for 

11   changes were made in regard to different aspects 

12   that would come under this committee.  

13                The thought that this was a 

14   specialized, narrow area of medical care, people 

15   didn't pay attention to it enough that we ought 

16   to have a regular basis.  

17                And so the thought was, after 

18   looking at what was happening with some of these 

19   medical devices, people were not able to get 

20   answers as to whether there would be coverage or 

21   not coverage, that we should move forward with 

22   it.

23                And that's probably, Senator Rivera, 

24   why you supported this bill on the floor last 

25   year and why you voted for it twice in committee.


                                                               2724

 1                SENATOR RIVERA:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Hannon, do you continue to yield?  

 6                SENATOR HANNON:   Yes.

 7                ACTING PRESIDENT VALESKY:   The 

 8   sponsor yields.

 9                SENATOR RIVERA:   You are correct.  

10   You are correct, Senator Hannon.  Through you, 

11   Mr. President.  I did support this on the floor 

12   before, as well as in the committee.  

13                I wanted to take this opportunity to 

14   make sure that all the different aspects of the 

15   bill that are positive certainly are brought to 

16   the public.  So I wanted to make sure that we 

17   went through them thoroughly.

18                Through you, Mr. President, if the 

19   sponsor would continue to yield.

20                SENATOR HANNON:   Yes.

21                ACTING PRESIDENT VALESKY:   The 

22   sponsor yields.

23                SENATOR RIVERA:   I do have a 

24   question, though -- through you, Mr. President -- 

25   about the cost of this.  Would there be a cost 


                                                               2725

 1   that would accrue to the state because of the 

 2   creation of this committee?

 3                SENATOR HANNON:   I would argue 

 4   that -- there's no compensation to anybody 

 5   involved.  I would argue that you'd be using 

 6   personnel, so that would be a cost.

 7                But I would think that a more 

 8   focused study as to what would be effective in 

 9   regard to healthcare technology would lead to 

10   hopefully both better healthcare, more efficient 

11   cost, and therefore we would have a general 

12   improvement.  And that would be a savings to the 

13   system that we support with Medicaid.

14                SENATOR RIVERA:   Through you, 

15   Mr. President, clarifying that I only have two 

16   more questions, would the sponsor continue to 

17   yield?  

18                SENATOR HANNON:   I'll yield to one 

19   more question.

20                ACTING PRESIDENT VALESKY:   The 

21   sponsor yields to one more question.

22                SENATOR RIVERA:   I have to choose 

23   one.  Thank you, Mr. President.  I could do a 

24   two-parter.  No, not really.

25                Through you, Mr. President.  If I'm 


                                                               2726

 1   not mistaken, this bill would repeal Section 365D 

 2   of the Social Services Law.  Why does that need 

 3   to be repealed with this bill?

 4                SENATOR HANNON:   That is the 

 5   existing Section 365D which you talked about, of 

 6   the Social Services Law, which was a 

 7   demonstration program that expired 21 years ago.  

 8   Or maybe even more, I'm sorry.  1983, yeah. 

 9                SENATOR RIVERA:   Thank you, 

10   Mr. President.  On the bill.

11                ACTING PRESIDENT VALESKY:   Senator 

12   Rivera on the bill.

13                SENATOR RIVERA:   I thank the 

14   sponsor for answering the questions about the 

15   bill.  Because yes, I have supported it in the 

16   past.  I will also support it today, 

17   Mr. President, because there's a couple of things 

18   that are positive about some of the things that 

19   we've been doing in the State of New York as it 

20   relates to Medicaid redesign and delivering 

21   healthcare to patients in the State of New York.

22                In this case, as the sponsor stated, 

23   we have been successful in the last couple of 

24   years in taking what was increasing costs across 

25   the board and being able to flatten the cost 


                                                               2727

 1   curve.  We've done a lot of things through 

 2   partnerships, really, whether it was hospitals 

 3   with the state, with nurses or with other 

 4   healthcare providers, and we've come to agreement 

 5   about what are the things that we need to do to 

 6   control the costs of Medicaid overall.  Which was 

 7   something that was incredible -- something that 

 8   was costing the state too much and in future 

 9   years would actually bankrupt the state.

10                So we have been doing some things in 

11   the state to make sure that those costs are 

12   controlled.  And in this case, as the sponsor 

13   noted, in this particular instance we're talking 

14   about what are some of the things that we can do 

15   with technology to lower those costs even 

16   further.  

17                And we need to make sure that when 

18   we're making the decision about what technologies 

19   we inject into the system, that we do so with 

20   full knowledge of what these technologies 

21   actually are and hopefully with the 

22   recommendations from people that know the effect 

23   that these technologies have.

24                So the breakdown that the sponsor 

25   noted in the bill is a good one, because it fully 


                                                               2728

 1   takes into consideration different types of 

 2   professionals that are doing this type of work 

 3   all across the state.  Hopefully.  

 4                One question I did not get to ask 

 5   was whether there was something in the bill that 

 6   would make sure that we have different people 

 7   from different parts of the state.  Obviously, 

 8   there's plenty to say about the different types 

 9   of professionals that would be in this committee, 

10   but I don't believe that there's necessarily 

11   something about whether they would be from 

12   different parts of the geography of the State of 

13   New York.  I would suggest that we also need to 

14   include that.  

15                But ultimately these 13 individuals 

16   will be responsible for making recommendations to 

17   the Commissioner of Health about what are the 

18   things that we could be doing to use technology 

19   to further bring down costs in healthcare 

20   delivery in the State of New York.  And I 

21   ultimately think that that is a positive thing.

22                It is unfortunate that it is not 

23   something that has passed in the Assembly.  I'm 

24   uncertain whether this year we're going to have 

25   the opportunity to do that.  I would call on my 


                                                               2729

 1   Assembly colleagues to consider that this is one 

 2   of the many ways in which we can take costs and 

 3   further push them down, never losing sight and 

 4   never losing focus on the fact that we need to 

 5   provide high-quality care to folks that are 

 6   Medicaid patients or to all patients in the State 

 7   of New York.

 8                So ultimately I will thank the 

 9   sponsor for not only introducing this piece of 

10   legislation, but for taking the time this 

11   afternoon to tell us a little bit about it and 

12   tell us why it was necessary.  

13                I agree with him wholeheartedly, I 

14   think that this will be a way for us to bring the 

15   intelligence and knowhow of folks that are 

16   knowledgeable about the healthcare delivery 

17   system, are knowledgeable about technology and 

18   how those two things together could provide 

19   better care to the people of the State of 

20   New York.  

21                I believe that these individuals 

22   will take that time to give those recommendations 

23   to the Department of Health and to the 

24   commissioner, and ultimately the commissioner 

25   will make the choice.  And I believe that this is 


                                                               2730

 1   a positive thing for the State of New York.  

 2                I will vote in the affirmative, and 

 3   I encourage all my colleagues to do the same.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Squadron.

 7                SENATOR SQUADRON:   Will the sponsor 

 8   yield for a question.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Hannon, do you yield?

11                SENATOR HANNON:   Yes.

12                ACTING PRESIDENT VALESKY:   The 

13   sponsor yields.

14                SENATOR SQUADRON:   I know we didn't 

15   quite get through the fully exhaustive 

16   questioning from Senator Rivera, so just a couple 

17   more questions.  

18                I understand why this bill seems to 

19   make sense and have a purpose.  I understand why 

20   there was a surprisingly long delay.  Is there a 

21   model for this sort of commission or this sort of 

22   work in other states?

23                SENATOR HANNON:   I'm not aware.

24                Actually, there may be, but it was 

25   not based on that.  And -- no, I don't have 


                                                               2731

 1   information about that.

 2                SENATOR SQUADRON:   If the sponsor 

 3   will continue to yield.

 4                SENATOR HANNON:   Yes.

 5                ACTING PRESIDENT VALESKY:   The 

 6   sponsor yields.

 7                SENATOR SQUADRON:   If not based on 

 8   models from other states, what is the model?  

 9                SENATOR HANNON:   The model is the 

10   bill before us.  

11                The model is that we have a very 

12   vigorous healthcare system in this state.  The 

13   model is that we have embarked on changing that 

14   healthcare system in many different ways, that we 

15   have a global cap that's saving money in general 

16   but we've also been able to drive money towards 

17   needed aspect of it, that we are funding nearly a 

18   million more New Yorkers with healthcare coverage 

19   that we haven't done before.  

20                The model is we have looked at many 

21   different aspects of healthcare delivery and we 

22   haven't had to copy from other states, we're 

23   doing it here.  We have delivery systems such as 

24   what they call the HARP or they call the FIDA, 

25   dealing with people who have behavioral health 


                                                               2732

 1   problems or people who are dual-eligibles.  

 2                There's not really models for all of 

 3   that.  There's things you borrow, there's things 

 4   you can do on your own, and that's what we're 

 5   doing here.

 6                There are things, as I said at the 

 7   beginning with Senator Rivera, we have a Drug 

 8   Utilization Board.  We have tugged back and forth 

 9   in regard to how it works and whether new drugs 

10   can be added to the formulary for the benefit of 

11   people in Medicaid in this state, how they're 

12   added, we've worked on the systems, et cetera, 

13   that they proceed.  And based on that knowledge, 

14   we came up with this draft.

15                SENATOR SQUADRON:   If the sponsor 

16   would continue to yield.

17                SENATOR HANNON:   Yes.

18                ACTING PRESIDENT VALESKY:   The 

19   sponsor yields.

20                SENATOR SQUADRON:   While I guess 

21   this committee is not based on another state nor 

22   a model in this state, I presume that one of its 

23   charges would be -- and just to clarify this 

24   based on the prior answer -- one of its charges 

25   would be to look at other states and how they 


                                                               2733

 1   have better integrated technology for outcomes 

 2   and cost savings.

 3                SENATOR HANNON:   One of the charges 

 4   is the efficacy of the device.  And in order to 

 5   do that, you're going to have to look at evidence 

 6   and try to base it on what will work.  

 7                There are a few places in this 

 8   nation that are looking at drugs, procedures and 

 9   devices in regard to evidence, based in Oregon.  

10   Those would be things that would be self-evident 

11   to do, because that's their charge, they're 

12   not-for-profits, they publish their findings and 

13   their findings are available for use.

14                SENATOR SQUADRON:   Thank you.  

15                On the bill, Mr. President. 

16                ACTING PRESIDENT VALESKY:   Senator 

17   Squadron on the bill.

18                SENATOR SQUADRON:   I thank the 

19   response for answering those questions.

20                I would say as we consider the 

21   sponsor' truly encyclopedic knowledge of this 

22   area, based on the responses, and the need to 

23   assess the technology in the way that has been 

24   described, it's critical that, you know, we look 

25   to the way other places have done this, both at 


                                                               2734

 1   the federal level and other states at the 

 2   national level, this seems on its face to be a 

 3   reasonable version.  I think I will be voting yes 

 4   today because it's better to be trying to 

 5   consider it than not.

 6                But I do think that the models that 

 7   we use as we go through these assessments, as we 

 8   create what are inevitably new bureaucracies and 

 9   new structures, is an important factor.  And I do 

10   wish there was a little bit more of that here.  

11   However, I do think that when the sponsor talks 

12   about the charge of the committee and the 

13   consideration nationally -- and in fact, 

14   hopefully the sponsor will take an active hand if 

15   this ever does get passed into law, because 

16   clearly he brings a great deal himself.  I think 

17   that's a positive thing.

18                So if this doesn't pass the Assembly 

19   this year and pass into law, I would really urge 

20   an additional further evolution of this that does 

21   consider other models of how we've done this, 

22   either in other areas in this state or across the 

23   states.  But today I'll certainly vote yes in 

24   favor of the knowledge that's been displayed and 

25   the need to do something.


                                                               2735

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT VALESKY:   Seeing 

 3   no other Senator who wishes to be heard, the 

 4   debate is closed.  

 5                The Secretary will ring the bell.

 6                Read the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.  

13                Senator Bonacic absent from voting.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, I 

18   believe we'll do Number 567, by Senator Hannon.

19                ACTING PRESIDENT VALESKY:  The 

20   Secretary will place Calendar 567 before the 

21   Senate.

22                THE SECRETARY:   Calendar Number 

23   567, by Senator Hannon, Senate Print 7163, an act 

24   to amend the Public Health Law.

25                SENATOR SQUADRON:   Explanation.


                                                               2736

 1                SENATOR RIVERA:   Explanation.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Hannon, an explanation has been requested in 

 4   stereo by Senators Squadron and Rivera.

 5                SENATOR HANNON:   Thank you, 

 6   Mr. President.

 7                Several years ago the State of 

 8   New York, because of articles in a newspaper in 

 9   New York City, put a limitation on the amount of 

10   resident duty hours that residents working at 

11   hospitals could work per week.

12                There has been a growing questioning 

13   as to whether or not that limitation is effective 

14   in terms of providing a doctor who graduates with 

15   enough experience.  Now, this is post-medical 

16   school.  This is residencies in hospitals.

17                As a matter of fact, outside of the 

18   State of New York, there have been several 

19   medical schools thinking that the comparable 

20   provisions in those states that put a limitation 

21   on hours did not have a sufficient evidentiary 

22   basis for an improvement in quality of the 

23   education of the physicians and might have 

24   actually led to a deficiency in the education 

25   because this 80-hour rule would result in between 


                                                               2737

 1   six months and 12 months of less education to the 

 2   resident becoming a physician.

 3                But this is not just something that 

 4   is by random that we're doing here.  The State of 

 5   New York, because it has a law, can't just waive 

 6   on its own, it needs this proposal before us.  

 7   And why?  It would be so New York State medical 

 8   schools and hospitals could participate in a 

 9   national study that's going on as to whether or 

10   not that 80-hour rule is effective.  

11                And how it's going to work is that 

12   in a double-blind study that some residents will 

13   be assigned to -- and continue the 80-hour 

14   limitation, and others will be able to go above 

15   it.  And after a few years of this, there's going 

16   to be metrics using a federal system of outcomes, 

17   especially for surgeries, and they're going to 

18   compare the statistical differences to see 

19   whether the 80-hour rules was of benefit or a 

20   detriment.

21                And so this legislation is to allow 

22   our medical schools to participate in that.  I 

23   might add that once you start participating in a 

24   study like this, the institutional research 

25   board, which each of the academic institutions 


                                                               2738

 1   must have, will pass on the study in regard to 

 2   all sorts of concerns about safety and privacy 

 3   and efficacy for that.  So there's a number of 

 4   different benefits to this.  

 5                This is a national trial that's 

 6   going to start this summer.  And we need to try 

 7   to get this passed in order to allow some of our 

 8   -- and the schools that will be doing it are 

 9   major schools such as Cornell Weill.  And that's 

10   who came to us; the director of their surgery, 

11   the dean of their school made the presentation.  

12   And that's why I introduced it and have it before 

13   you today.  

14                ACTING PRESIDENT VALESKY:   Senator 

15   Rivera.

16                SENATOR RIVERA:   Through you, 

17   Mr. President, if the sponsor would yield for a 

18   few questions.

19                ACTING PRESIDENT VALESKY:   Senator 

20   Hannon?  

21                SENATOR HANNON:   Yes.

22                ACTING PRESIDENT VALESKY:   The 

23   sponsor yields.

24                SENATOR RIVERA:   Thank you, 

25   Mr. President.


                                                               2739

 1                Now, why is it important for us to 

 2   exempt rules and regulations from the Department 

 3   of Health that have been currently established as 

 4   this bill does?  Why is that a core part of the 

 5   piece of legislation?  

 6                SENATOR HANNON:   Why?  Or is it -- 

 7   are you talking about the law that's proposed or 

 8   the explanation I just gave?

 9                SENATOR RIVERA:   Through you, 

10   Mr. President, I want you to explain to me, 

11   reiterate the reasoning why we are -- if this 

12   bill is passed -- if I'm not mistaken, 

13   Mr. President, if this bill is passed and signed 

14   into law, then it means that regulations that 

15   currently exist, rules and regulations that the 

16   Department of Health has established as far as 

17   the hours that a resident can and cannot work, as 

18   far as how long they can work at one time, how 

19   much rest they would require -- if I'm not 

20   mistaken, this would waive those rules and 

21   regulations if we pass this bill and it is signed 

22   into law.  

23                I wanted to make sure that I 

24   understood exactly why such a thing is necessary.

25                SENATOR HANNON:   To determine -- 


                                                               2740

 1   there is a growing thought in the field of 

 2   medical education that the 80-hour limitation is 

 3   not an effective rule, that it leads to people 

 4   who could be better trained.  And therefore one 

 5   of the ways to go about looking at that criticism 

 6   is to do this as an absolute study, a controlled 

 7   study, and a study that would have outcomes that 

 8   you would measure to see if the hypothesis that 

 9   the 80 hours is not useful, whether that 

10   hypothesis is supported.

11                SENATOR RIVERA:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                SENATOR HANNON:   Yes.

15                ACTING PRESIDENT VALESKY:   The 

16   sponsor yields.

17                SENATOR RIVERA:   There's one aspect 

18   that I sincerely don't understand about your 

19   argument related to -- through you, 

20   Mr. President -- the 80 hours.  You're saying 

21   that the 80-hour requirement actually lessens the 

22   ability of a medical practitioner to gain 

23   training?

24                SENATOR HANNON:   The thought is 

25   that if there was not an 80-hour limitation, that 


                                                               2741

 1   there would be more experience gained by that 

 2   prospective physician.  And therefore with that 

 3   greater experience, which has been estimated to 

 4   be between six months additional or 12 months 

 5   additional, that it would be a far better 

 6   individual as a physician.  Especially as a 

 7   surgeon, who, once they get that final degree, 

 8   can go and operate on any individuals.

 9                SENATOR RIVERA:   Through you, 

10   Mr. President, if the sponsor would continue to 

11   yield.

12                SENATOR HANNON:   Yes.

13                ACTING PRESIDENT VALESKY:   The 

14   sponsor yields.

15                SENATOR RIVERA:   I'm sure that you 

16   are familiar with the Bell regulations and what 

17   occurred to make sure that those were put into 

18   place.  But just for the record here, could you 

19   state why the Bell regulations were initially 

20   established and what they are meant to do in the 

21   State of New York?

22                SENATOR HANNON:   I'm not going to 

23   get involved because there were a number of 

24   newspaper stories which led this Legislature to 

25   decide it knew how to regulate medical education.  


                                                               2742

 1   But simply said, they thought less work would add 

 2   to greater efficiency.  

 3                There has been a large number of 

 4   physicians who have said no, the less work means 

 5   less experience and a less-trained doctor.

 6                SENATOR RIVERA:   Through you, 

 7   Mr. President, if the sponsor would continue to 

 8   yield.

 9                SENATOR HANNON:   Yes.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR RIVERA:   Is the sponsor 

13   aware of the case of Libby Zion in 1984?  

14                SENATOR HANNON:   That's what led to 

15   these regulations.

16                SENATOR RIVERA:   Through you, 

17   Mr. President, if the sponsor would continue to 

18   yield.

19                SENATOR HANNON:   Yes.

20                ACTING PRESIDENT VALESKY:   The 

21   sponsor yields.

22                SENATOR RIVERA:   For the record, 

23   again, what was the situation that happened and 

24   what was the result of that situation?

25                SENATOR HANNON:   I'm not going to 


                                                               2743

 1   put that on record.  If you'd like to do it, feel 

 2   free.  I mean, there was extensive articles, 

 3   there was extensive discussion all at that point.  

 4                But it comes down to the statute 

 5   that we're amending was the result of that 

 6   situation.

 7                SENATOR RIVERA:   Through you, 

 8   Mr. President, if the sponsor would continue to 

 9   yield.

10                SENATOR HANNON:   Yes.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields.

13                SENATOR RIVERA:   The regulations 

14   that we're referring to, Mr. President, among 

15   other things establish proper supervision for 

16   almost 16,000 resident physicians -- I'm not on 

17   the bill, I'm going to ask a question -- and, 

18   second, establish safe work hours for resident 

19   physicians.  

20                So through you, Mr. President, is it 

21   the contention of the sponsor that potential 

22   efficiency, effectiveness -- as you have said, 

23   one of the purposes of the study is to determine 

24   whether the interns or doctors, the medical 

25   practitioners, would be able to learn more by 


                                                               2744

 1   working more.  Is it the contention of the 

 2   sponsor that potential efficiency through more 

 3   work hours trumps safety?

 4                SENATOR HANNON:   No, it is my 

 5   assertion, not contention, that that is an 

 6   arguable fact and needs to be tested in an 

 7   academic study.

 8                SENATOR RIVERA:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                SENATOR HANNON:   Yes.

12                ACTING PRESIDENT VALESKY:   The 

13   sponsor yields.

14                SENATOR RIVERA:   Would you agree 

15   that the -- what this study -- which, if I'm not 

16   mistaken, is called FIRST, by the acronym, which 

17   is Flexibility in Duty Hours Requirements for 

18   Surgical Training Trials.  Would you agree with 

19   the statement that it would ultimately allow 

20   surgery residents to work for unlimited hours 

21   rather than the 27-hour limit that is now in 

22   place because of the regulations that we 

23   stated -- the Bell regulations that I referred to 

24   earlier?  

25                SENATOR HANNON:   No, I would 


                                                               2745

 1   disagree with the word "unlimited."  

 2                First of all, there's only so many 

 3   hours in the day.  Second of all, you have, as I 

 4   said in my original explanation, you have the 

 5   oversight of an institutional research board, 

 6   which is really charged with just looking at 

 7   what's happening.  For safety of the patient, for 

 8   safety of the participants in the study.  And I 

 9   would think that there would have to be a 

10   reasonableness that would be implied with that.

11                SENATOR RIVERA:   Mr. President, if 

12   the sponsor would continue to yield.

13                SENATOR HANNON:   And let me point 

14   out, this is not something New York-only.  If we 

15   don't pass this legislation, the study will go 

16   forward in other states where they've adopted the 

17   80-hour rule only by regulation.  So that what 

18   we're trying to do here is allow especially our 

19   major medical schools to participate in the 

20   national study.

21                SENATOR RIVERA:   Again through you, 

22   Mr. President, if the sponsor would continue to 

23   yield.

24                SENATOR HANNON:   Yes.

25                ACTING PRESIDENT VALESKY:   The 


                                                               2746

 1   sponsor yields.

 2                SENATOR RIVERA:   Is the sponsor 

 3   familiar with the standards set by the 

 4   Accreditation Council for Graduate Medical 

 5   Education, or ACGME -- I'm not sure how to 

 6   pronounce that particular acronym.  But is the 

 7   sponsor familiar with the requirements that the 

 8   Accreditation Council for Graduate Medical 

 9   Education establishes for surgical residents in 

10   particular?

11                SENATOR HANNON:   I'm aware of them.  

12   I can't tell you that I've read through them 

13   thoroughly.  I mean, i Think I have upstairs in 

14   my office, in the file, those regulations.  But 

15   they would be -- you know, they would be what one 

16   would expect in the regulation of an educational 

17   course in a technical field.

18                SENATOR RIVERA:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                SENATOR HANNON:   Yes.

22                ACTING PRESIDENT VALESKY:   The 

23   sponsor yields.

24                SENATOR RIVERA:   Thank you, 

25   Mr. President.  


                                                               2747

 1                These same requirements establish 

 2   that residents have 14 hours off after 24 hours 

 3   of consecutive work, and at least eight to 

 4   10 hours off after a regular shift.

 5                Would the sponsor agree that -- 

 6   maybe there might not be double-blind studies of 

 7   the type that he is talking about, but would the 

 8   sponsor agree that at least there is a 

 9   common-sense argument to be made that somebody 

10   who is a surgical resident, who is responsible 

11   for surgeries, for doing particularly delicate 

12   medical procedures, whether if that person has 

13   worked for 24 hours straight, that they should 

14   have at least 14 hours off or at least eight to 

15   10 hours off after a regular shift?  

16                Would the sponsor agree that at 

17   least that's a, on the face of it, a 

18   common-sense --

19                SENATOR HANNON:   All I would agree 

20   with is I don't think that's a germane question.  

21   I would not be in a position to answer it.  And 

22   that would be driving towards the original 

23   foundation of the legislation we're amending 

24   today.  But whether or not that's the case, I 

25   don't know.


                                                               2748

 1                But I would tell you that you'll 

 2   never get an answer to that question unless we 

 3   let our schools participate in this study where 

 4   they will have absolute academic findings and you 

 5   can compare this and look at the results to say 

 6   whether it was better one way or the other.

 7                SENATOR RIVERA:   Through you, 

 8   Mr. President, if the sponsor would yield 

 9   for one more question.

10                SENATOR HANNON:   Yes.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields for one more question.

13                SENATOR RIVERA:   In general, do you 

14   believe that fatigue -- you're not an expert, I'm 

15   not an expert in this.  But do you believe that 

16   fatigue leads to accidents or leads to 

17   carelessness when someone is doing any type of 

18   activity?  

19                SENATOR HANNON:   I know in 

20   legislating, it is the case.  I don't know about 

21   practicing medicine.

22                (Laughter.)

23                SENATOR RIVERA:   Thank you, 

24   Mr. President.  On the bill.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               2749

 1   Rivera on the bill.

 2                SENATOR RIVERA:   Thank you, 

 3   Mr. President.  I thank the sponsor for answering 

 4   my questions.

 5                And these I believe are very -- this 

 6   there is a very serious conversation that we need 

 7   to have.  I will be in opposition to this bill, 

 8   Mr. President.  I voted against it in committee, 

 9   and I will vote against it here on the floor, and 

10   for a couple of different reasons.

11                While I agree with the sponsor that 

12   there is a need as much as possible to have 

13   evidence that is numerical in nature, that is 

14   backed up by research on decisions that we make 

15   about establishing general guidelines for all 

16   sorts of things -- and certainly when it comes to 

17   the medical field, I agree that we need to 

18   have -- we're not going to -- for example, the 

19   FDA does not approve a particular drug unless 

20   there is all sorts of evidence in studies that 

21   establishes that that drug does with what the 

22   manufacturer believes that that drug does.  That 

23   it does not hurt the patient, that it is actually 

24   going to be useful for the purpose that it's set 

25   to be useful for.


                                                               2750

 1                However, I believe that we're 

 2   dealing with something very, very specific, very 

 3   particular here.  Back in 1984 there was the 

 4   tragic story of Libby Zion, who passed away as a 

 5   patient, and based on all the circumstances that 

 6   led to her unfortunate passing, there was a 

 7   process that ultimately led to the creation of an 

 8   Ad Hoc Committee on Emergency Services that is 

 9   known in shorthand as the Bell Commission.

10                They came up with all sorts of 

11   regulations that address medication system, 

12   restraints usage, resident work hours, among a 

13   host of other things.  It was this particular 

14   commission that came up with what seems to me to 

15   be a common-sense limitation on the amount of 

16   hours that surgical residents are allowed to work 

17   and how much time they are mandated to have in 

18   between shifts when they're performing their 

19   professional duty.

20                We're not talking about somebody 

21   trimming hedges.  We're not talking about 

22   somebody legislating.  We're talking about 

23   somebody who is ultimately responsible, as a 

24   surgical resident, for the life of the person 

25   that is before them in an operating room.


                                                               2751

 1                I certainly agree with the sponsor 

 2   that on most things -- and on everything that 

 3   deals with healthcare and healthcare delivery -- 

 4   that we should have as much as evidence as 

 5   possible, as many studies as possible, to be able 

 6   to make the best decisions about how policy 

 7   should be set.  

 8                But I believe that back in 1984 this 

 9   was a smart way that this particular committee 

10   went about establishing limitations on what these 

11   particular professionals are to do and how 

12   they're going to do it.

13                I believe that it would open up the 

14   door to do -- to enter into this study would open 

15   up the door to potential residents to work 

16   unlimited hours, and certainly -- maybe not 

17   unlimited hours, because obviously there's only 

18   so many hours in the day, as the sponsor said.  

19   And everyone is human, and obviously they can 

20   only work for so long.  But that is precisely the 

21   point.

22                Fatigue, under normal circumstances, 

23   when we're legislating -- and we've had 

24   situations right here on the floor where we've 

25   been up till 2:00, 3:00, 4:00 in the morning.  


                                                               2752

 1   And I believe that there's a picture floating 

 2   around of when we were here the last day of 

 3   session last year, and I was particularly sleepy 

 4   after 20 hours straight of being up, and most of 

 5   it in this chamber, and I probably took a little 

 6   nap right on this desk.  And I'm sure that 

 7   there's a picture floating around somewhere.  And 

 8   that was not my best day.

 9                But I think that when we're talking 

10   about whether we're legislating is a very 

11   different conversation to have than whether we're 

12   responsible for somebody's life.  And so in this 

13   case I'm going to have to say that this bill is 

14   not the correct way to go.  It ultimately could 

15   potentially put many people's lives at risk.  And 

16   I cannot find myself being supportive of this.  

17                So, Mr. President, I will be forced 

18   to vote in the negative.  Thank you.  

19                ACTING PRESIDENT VALESKY:   Senator 

20   Peralta.

21                SENATOR PERALTA:   Thank you, 

22   Mr. President.  On the bill.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Peralta on the bill.

25                SENATOR PERALTA:   While the full 


                                                               2753

 1   impact that the Bell regulations and other limits 

 2   on resident work hours have on patient safety 

 3   merit further study, that is no reason at all to 

 4   remove the hard-won worker and patient 

 5   protections here in New York.

 6                A recent study that was conducted 

 7   shortly after the implementation of work-hour 

 8   restrictions found that residents whose hours 

 9   were not limited made 35.9 percent more serious 

10   medical errors, 57 percent more nonintercepted 

11   errors, and were 6.7 times more likely to make 

12   serious diagnostic errors.

13                The problem with many more recent 

14   studies is that instead of abiding by the spirit 

15   of these rules, hospitals have simply reduced 

16   hours while increasing workloads.  This is a 

17   situation that calls for more protections for 

18   residents and patients, not fewer.

19                We need to finally get to safe 

20   staffing levels for all medical personnel rather 

21   than exploiting loopholes in the letter of the 

22   law.  We also need to look seriously at the 2009 

23   Institute of Medicine Recommendation that we 

24   further limit resident-hour restrictions rather 

25   than doing away with them entirely.


                                                               2754

 1                Ladies and gentlemen, this study 

 2   will go forward whether New York is on board or 

 3   not, because there are plenty of other places 

 4   that seemingly care less than we do about 

 5   hardworking residents and our vulnerable 

 6   patients.  So let them do what they're going to 

 7   do.  There's a reason why there's no Assembly 

 8   sponsor.  There is nothing to be gained by 

 9   New York following suit, and much to lose.  

10                So in the interests of participating 

11   in a study, what we're saying is we're allowing 

12   hospitals to exempt themselves from limited 

13   working hours of postgraduate trainees.  If 

14   80 hours a week is not enough to sufficiently 

15   train residents/interns, I don't know what is.  

16                With that said, this just sounds 

17   like a way to exploit residents/interns and, in 

18   turn, put them and patients in grave danger based 

19   on the stats that I mentioned earlier.  It seems 

20   someone wants to go back to the "good old days" 

21   which will only lead to medical errors, missteps 

22   and an increase in lawsuits.  That's what this 

23   will lead to.

24                This is simply ridiculous.  

25   Mr. President, I will be voting against this.


                                                               2755

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Stavisky.

 3                SENATOR STAVISKY:   Thank you, 

 4   Mr. President.

 5                As I understand it, the legislation 

 6   is to test --

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Stavisky, are you speaking on the bill or are you 

 9   asking --

10                SENATOR STAVISKY:   No, I will have 

11   a question in a moment.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Hannon, will you yield to a question in a moment?

14                (Laughter.)

15                SENATOR HANNON:   Yes.

16                ACTING PRESIDENT VALESKY:   The 

17   sponsor will yield.

18                SENATOR STAVISKY:   I understand 

19   that this legislation is to test the endurance 

20   and the effect of long hours on a resident's work 

21   product.  And after a lengthy time presumably of 

22   treating patients, there will be a study of their 

23   reflexes and whatever else is involved.  So if 

24   the sponsor would yield.

25                ACTING PRESIDENT VALESKY:   The 


                                                               2756

 1   sponsor yields.

 2                SENATOR STAVISKY:   Is there any 

 3   reason why they have to use live patients when 

 4   there are so many electronic devices that are in 

 5   use where they can test all sorts of things 

 6   without involving an actual patient?  

 7                And if it were earlier in the day, I 

 8   might have been a little better with my question.

 9                (Laughter.)

10                SENATOR HANNON:   It requires really 

11   to go back and look at the foundation and to tell 

12   you why I believe not only Senator Rivera but 

13   Senator Peralta are absolutely wrong.

14                The occasion that -- my background 

15   with this issue was -- and I did not introduce 

16   the bill on my own.  When the people came from 

17   medical schools, I did.  But the background was a 

18   New York Times article, front page, last fall, 

19   which evidenced a growing concern by people in 

20   medical education as to how well or how poorly 

21   the newly minted doctors were.  And one of the 

22   things that was pointed out was the limitation on 

23   hours.

24                Now, the interesting part was I sent 

25   that article to out to all the deans of the 


                                                               2757

 1   colleges in New York.  And that -- well, for the 

 2   most part.  There was one or two that said, Oh, 

 3   everything's fine.  But for many of those deans, 

 4   they either wrote or called me up and we had some 

 5   incredible discussions as to the quality of the 

 6   physicians we're turning out.  Maybe they would 

 7   be extraordinarily talented, but they were not 

 8   skilled.  

 9                And especially when it came down to 

10   surgeons.  And it's not totally addressed in just 

11   hours, but it was a question of whether or not 

12   they had enough hands-on experience performing 

13   operations so that when they got just past that 

14   day of graduation and they were out to do an 

15   appendectomy or something similar, they would not 

16   be hesitant.  

17                And it goes right to your question, 

18   which is an excellent one, because many of the 

19   medical schools now have the simulation labs 

20   where they will try to trip the students up with, 

21   Okay, we're doing a procedure, we're doing an 

22   appendectomy.  All of a sudden, something goes 

23   wrong -- there's a loss in blood pressure, 

24   there's a cut into the wrong part of the abdomen, 

25   and there's an emergency to be handled.  And 


                                                               2758

 1   they'll film this, and the medical student will 

 2   watch later and try to learn from that mistake.

 3                That alone, however, say the deans, 

 4   is not enough.  For all of the simulation we 

 5   have, there's nothing more than being in the 

 6   operating room, seeing something happen -- maybe 

 7   there's an emergency, someone has come in through 

 8   an ambulance, and you have to be able to respond 

 9   right away.

10                And the deans said to me:  "That's 

11   what we were trained for in the old days."  It's 

12   not trying to push people beyond any endurance 

13   limits, it's trying to make sure that when they 

14   have these situations in the future, they're 

15   going to be able to deal with them because 

16   they've gone through them now.

17                There's another part of this, which 

18   is some of these operations last 10, some may 

19   last 20 hours.  Sometimes they're done in teams.  

20   This bill allows for continuity so that if you're 

21   part of an operation that's going to go and take 

22   you beyond your 80 hours, you still don't have to 

23   leave.  Which can happen right now.  Where the 

24   result for the patient is worse than anything 

25   else, because the person who has started the 


                                                               2759

 1   operation is not there to continue it.

 2                So we're involved in some very 

 3   difficult questions here.  But this is totally 

 4   unlike anything I think we've ever entertained 

 5   before.  And yet I think that it's something that 

 6   we ought to pass.

 7                SENATOR STAVISKY:   If the Senator 

 8   would yield to one more question.

 9                SENATOR HANNON:   Yes, Senator.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR STAVISKY:   Does the sponsor 

13   see an analogy between an airport pilot who is 

14   asked to pilot an airplane for hours upon hours, 

15   and what happens is he's practiced in the flight 

16   simulator, do you see an analogy between that 

17   kind of fatigue and the training that the 

18   residents receive?

19                SENATOR HANNON:   Not really.  The 

20   conversations I had pointed out that there is a 

21   lot of things that happen to you, and you have to 

22   start the operation, make a cut into the skin.  

23   There is a reaction.  Your own blood pressure 

24   goes up, your nervousness goes up.  

25                I have a lot of friends who are 


                                                               2760

 1   pilots.  I think they've gotten over that very 

 2   easily.  I don't see that there is the analogy 

 3   here that's total.

 4                SENATOR STAVISKY:   Thank you, 

 5   Mr. President.

 6                ACTING PRESIDENT VALESKY:   Senator 

 7   Krueger.

 8                SENATOR KRUEGER:   Thank you.  

 9   Through you, Mr. President, if the sponsor would 

10   yield for a question.

11                ACTING PRESIDENT VALESKY:   Senator 

12   Hannon?

13                SENATOR HANNON:   Yes.

14                ACTING PRESIDENT VALESKY:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   Thank you.

17                Could the sponsor tell me what the 

18   top three or four leading causes of death in 

19   America are?

20                SENATOR HANNON:   I could.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, would the sponsor tell me.

23                SENATOR HANNON:   I don't think it 

24   is all relevant, no.

25                SENATOR KRUEGER:   Thank you.


                                                               2761

 1                On the bill, Mr. President.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Krueger on the bill.

 4                SENATOR KRUEGER:   According to the 

 5   U.S. Centers for Disease Control and Prevention 

 6   National Vital Statistics Report -- the specific 

 7   number, October 10, 2012 -- the leading causes of 

 8   death in America are, in order, diseases of the 

 9   heart, 596,000; the malignant cancers, 575,000; 

10   hospital deaths due to medical errors, two 

11   categories:  High estimate, 400,000 people per 

12   year; low estimate, 210,000 Americans per year 

13   dying due to medical errors in hospitals.

14                If we adjust that for New York 

15   State, since our population is roughly 

16   6.7 percent of the nation's, a rough estimate of 

17   patients killed in New York hospitals due to 

18   error range from a low of 14,000 per year to a 

19   high of 26,000 each year.  That's between 38 and 

20   73 patients killed each year in our hospitals due 

21   to medical error.

22                There may be lots of reasons for 

23   medical error, but it's clear to me that being 

24   exhausted and not being able to think straight 

25   has to be one of those causes.


                                                               2762

 1                For the record, like many of us 

 2   here, we may have had multiple marriages in our 

 3   life.  I had an early marriage.  It lasted the 

 4   three years of medical residency in a New York 

 5   City hospital.  It was pre the changes in the 

 6   law.  

 7                My then-husband slept one night out 

 8   of three out of his schedule.  He was scheduled 

 9   to sleep one night out of three per week.  He was 

10   constantly exhausted.  All of his colleagues in 

11   medical residencies were constantly exhausted.

12                I didn't do research on medical 

13   error.  I never have.  I've read the statistics 

14   on how much medical error there is today, even 

15   under the existing law, and I can guarantee that 

16   I know when you're exhausted beyond 

17   comprehension, you don't make as good of 

18   decisions.  And if you're a medical resident in a 

19   hospital setting, the decisions you make may be 

20   the difference between whether your patient lives 

21   or dies.

22                Do I know if 80 hours per week is 

23   exactly the right number versus 90 versus 70?  I 

24   don't.  Do I think it's horrendous for somebody 

25   to start studying the question?  I don't think 


                                                               2763

 1   so.  

 2                Do I think New York State has to put 

 3   our patients at greater risk by participating in 

 4   this kind of research?  No, I don't.  

 5   Particularly since we still aren't even doing the 

 6   research right here in New York about what is 

 7   causing the medical errors that result in between 

 8   14,000 and 26,000 New Yorkers per year dying in 

 9   our hospitals due to medical errors.

10                I would rather be discussing a bill 

11   that mandated research about the causes of death 

12   from those medical errors.  And I think that 

13   would be a worthwhile commitment by this house 

14   and by this state.  We know there's a real 

15   problem out there.  It's just very hard to 

16   imagine the solution comes from even more 

17   overworked and overtired medical residents and 

18   interns in our hospitals.  

19                I will vote no, but I vote strongly 

20   yes for research into why do we have 14,000 to 

21   26,000 New Yorkers dying in our hospitals 

22   unnecessarily from medical errors each year.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT VALESKY:   Senator 

25   O'Brien.


                                                               2764

 1                SENATOR O'BRIEN:   Thank you, 

 2   Mr. President.

 3                If the sponsor would yield to just a 

 4   couple of questions.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Hannon?

 7                SENATOR HANNON:   I'll yield to a 

 8   question.

 9                ACTING PRESIDENT VALESKY:   The 

10   sponsor yields to a question.  

11                SENATOR O'BRIEN:   If we were to 

12   proceed with this legislation to accommodate a 

13   particular study, it would seem that this might 

14   be the kind of legislation that would be 

15   appropriate for some kind of sunset provision.  

16   And I wonder if -- through you, Mr. President -- 

17   the legislation contains any kind of sunset 

18   language or ability to control how long studies 

19   can be conducted in subjecting residents to this 

20   kind of extreme work conditions.

21                SENATOR HANNON:   No.  Because the 

22   study itself, by its definition, is limited for a 

23   few years and already has a sunset.  Whether we 

24   get this enacted or not, I didn't think that we 

25   needed to put it into the statute.


                                                               2765

 1                SENATOR O'BRIEN:   If the sponsor 

 2   would continue to yield.

 3                SENATOR HANNON:   Yes.

 4                ACTING PRESIDENT VALESKY:   The 

 5   sponsor yields.

 6                SENATOR O'BRIEN:   So the 

 7   legislation is specific to one particular study 

 8   and it wouldn't accommodate other studies.

 9                SENATOR HANNON:   It's participating 

10   in a national study regarding limits on the 

11   working hours of postgraduate trainees recognized 

12   and approved by the commissioner.

13                SENATOR O'BRIEN:   And one 

14   additional question, if the sponsor would yield.

15                SENATOR HANNON:   Yes.

16                ACTING PRESIDENT VALESKY:   The 

17   sponsor yields.

18                SENATOR O'BRIEN:   Is there any kind 

19   of disclosure to a patient that they may have a 

20   resident conducting surgery or other kinds of 

21   things from somebody who has had to endure 

22   extreme hours, is there any that they're 

23   participating in a study that allows the resident 

24   to exceed the regulations put in place by the 

25   Department of Health?  


                                                               2766

 1                SENATOR HANNON:   I would presume 

 2   that would be done, because it's a matter of 

 3   what's usually done when the institutional 

 4   research board, the IRB, sets out the conditions 

 5   for how a study is conducted.

 6                SENATOR O'BRIEN:   Through you, if I 

 7   could just ask a follow-up question.  Does the 

 8   legislation anticipate that, or we're just hoping 

 9   that there would be some --

10                SENATOR HANNON:   It happens -- it 

11   happens in every study.  That's part of the 

12   national rules.  I've experienced it in a number 

13   of different things that have been discussed, 

14   sponsored here.  There's even some times where -- 

15   and these academic institutions, because they 

16   involve research at all times, have their own 

17   IRB.  But we also have a state -- in the 

18   Department of Health, an IRB that looks at things 

19   when there's just no other academic institution 

20   available.

21                So no, no, it's not a hoped-for at 

22   all, it's a matter of policy.

23                SENATOR O'BRIEN:   On the bill.

24                ACTING PRESIDENT VALESKY:   Senator 

25   O'Brien on the bill.


                                                               2767

 1                SENATOR O'BRIEN:   It just seems to 

 2   me, you know, that we're dealing with real human 

 3   beings, with real patients here.  I think one of 

 4   the earlier questioners talked about, you know, 

 5   alternatives to doing extensive training and 

 6   conducting a study without risking the lives of 

 7   real patients.  

 8                And I think that really is a 

 9   question in this instance, and I'll be voting no.

10                ACTING PRESIDENT VALESKY:   Is there 

11   any other Senator who wishes to be heard?

12                Senator Peralta.

13                SENATOR PERALTA:   Mr. President, 

14   through you, if the sponsor will yield to a 

15   clarification.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Hannon?  

18                SENATOR HANNON:   Yes.

19                ACTING PRESIDENT VALESKY:   The 

20   sponsor yields.

21                SENATOR PERALTA:   Through you, 

22   Mr. President, during the response to 

23   Senator Stavisky's question, was part of the 

24   answer that was when the deans of the medical 

25   school called the Senator back, they said that 


                                                               2768

 1   there was no better substitute than working on a 

 2   live patient?

 3                SENATOR HANNON:   In the essence, 

 4   yes.  I don't know "better substitute," but it 

 5   was the best experience.

 6                Now, given the fact that there is 

 7   use of these simulation labs widespread, that 

 8   there is also considered to be a very valuable 

 9   experience going through each of those labs.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Peralta.

12                SENATOR PERALTA:   If the sponsor 

13   would yield for another question, Mr. President.

14                SENATOR HANNON:   Yes.

15                SENATOR PERALTA:   Through you, 

16   Mr. President.  So in the Senator's opinion, 

17   would you say, then, that the deans of those 

18   schools would be encouraging individuals who are 

19   residents/interns to operate on live patients, 

20   even if they have worked 13, 14 hours a day, 

21   because there is no best substitute than working 

22   on live patients?

23                SENATOR HANNON:   No.  You've 

24   assumed two things together which are not part of 

25   any type of practice.  You're assuming that you 


                                                               2769

 1   have an individual working 13 and going above the 

 2   80 hours.  That's not part of our rules today in 

 3   the state.  And so I don't agree with that 

 4   assumption whatsoever, because it's not logical.

 5                SENATOR PERALTA:   Another question, 

 6   through you, Mr. President.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Hannon, do you yield?  

 9                SENATOR HANNON:   Yes.

10                ACTING PRESIDENT VALESKY:   The 

11   sponsor yields.

12                SENATOR PERALTA:   Through you, 

13   Mr. President.  But isn't this an exemption of 

14   the existing rules that we're discussing so that 

15   we can test these interns/residents on their 

16   stamina?

17                SENATOR HANNON:   Not necessarily.  

18   Part of it is continuity, so it has nothing to do 

19   with stamina.  

20                And the second is I fully expect 

21   it's not going to be a trial by endurance.  I'm 

22   expecting it to be something that we're going to 

23   see a better-qualified physician at the end.

24                SENATOR PERALTA:   One last 

25   question, Mr. President, through you.


                                                               2770

 1                ACTING PRESIDENT VALESKY:   The 

 2   sponsor yields.

 3                SENATOR PERALTA:   Thank you.  So I 

 4   believe I also heard the Senator say that the 

 5   deans of those medical schools said "That's how 

 6   we learned it back in the day," or back when.  

 7                So if there are new technologies 

 8   that exist today where we don't have to put 

 9   individuals at risk when an individual is so 

10   exhausted during an eight, nine, 10-hour shift, 

11   wouldn't it be wiser and smarter and less 

12   expensive to practice on these new technologies 

13   that exist currently today as opposed to those 

14   technologies that did exist back in the day?

15                SENATOR HANNON:   Several different 

16   things.  A, actually the deans didn't say "how we 

17   learned."  But I had, last night, when I was 

18   talking to a group of doctors, somebody came up 

19   and told me exactly that.  So that there is this 

20   belief in the medical field that that's the case.

21                But second, in your proposition that 

22   you put forward as your question, you said 

23   "exhausted."  We're not necessarily saying 

24   exhausted.  People are not necessarily exhausted 

25   at all.  It's a question of whether they can be 


                                                               2771

 1   applying their talents.  If you're exhausted, I 

 2   would say that's a self-defeating end and you're 

 3   not going to be there.  

 4                Lastly, you talk about the new 

 5   technologies.  If there's anything as a new 

 6   technology, we have extended operations that go 

 7   far beyond what we've ever seen before.  All 

 8   because we can do things in terms of operations 

 9   that were never done -- in terms of transplants, 

10   in terms of repair, in terms of rebuilding.  

11   Those things were never done before, and they 

12   dictate that you be there in the operating room 

13   for a greater period of time and have teams.

14                So I don't agree that just because 

15   you deal with this, that you're going to have 

16   exhausted people.  One is not equated to the 

17   other.

18                SENATOR PERALTA:   Thank you, 

19   Mr. President.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Hannon on the bill.

22                SENATOR HANNON:   A couple of 

23   different things that occur to me in discussing 

24   this.  

25                First of all, I was glad that 


                                                               2772

 1   Senator Krueger stood up and had those list of 

 2   statistics as to the leading causes of death.  

 3   And I believe you had something about either 

 4   three, four or five -- or two of those that were 

 5   hospital-based.

 6                Let me point out to you, for 

 7   New York, you're just making the case for my 

 8   bill.  Those statistics were generated since 

 9   1984, when the Bell Commission regulations were 

10   put on.  All of those hospital-based errors were 

11   all done under the 80-hour rule.  It makes the 

12   case that we have to have a better educational 

13   system.  So that's what happens when you use 

14   statistics.  Sometimes you've got to think 

15   through what you're doing.

16                Lastly, I don't believe that we 

17   should be restricting this.  I believe that 

18   inquiry on an academic basis, to be measured by 

19   people who are in the business of doing education 

20   of physicians in this nation, is something our 

21   medical schools should participate in.  

22                We have some really great medical 

23   schools.  If I go to name them, I'll eliminate a 

24   couple that I don't intend to eliminated.  But 

25   they're all there trying to turn out more and 


                                                               2773

 1   better physicians.  If anything we've had as a 

 2   problem is we didn't have enough physicians.  

 3   I've urged them to do that yearly, and we're 

 4   finally getting those numbers up.

 5                So I don't think that this is a 

 6   productive dissent from support of the bill.  I 

 7   believe it's good to do.  I think we should move 

 8   forward on it.  And I would ask for your support.

 9                Thank you.

10                ACTING PRESIDENT VALESKY:   Seeing 

11   no other Senator who wishes to be heard, the 

12   debate is closed.

13                The Secretary will ring the bell.

14                Read the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT VALESKY:   Senator 

21   DeFrancisco to explain his vote.

22                SENATOR DeFRANCISCO:   Yes.  I 

23   understand the merits of the bill, but I'm going 

24   to vote no, because I actually had a son going 

25   through medical school when there was involuntary 


                                                               2774

 1   servitude and a very dangerous situation.

 2                Secondly, the study that's being 

 3   proposed can give us the results based upon other 

 4   states that have over 80 hours, under 80 hours.  

 5   There will be plenty of data without New York.  

 6                So I'm going to vote no.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   DeFrancisco to be recorded in the negative.

 9                Senator Stavisky to explain her 

10   vote.

11                SENATOR STAVISKY:   We're not asking 

12   airline pilots to undertake this study because of 

13   the danger to the passengers.  And I don't think 

14   we should be asking the residents to undertake 

15   this study because of the dangers to their 

16   patients.

17                For that reason, I vote no.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Stavisky in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 567, those recorded in the 

23   negative are Senators Addabbo, Avella, Breslin, 

24   Carlucci, DeFrancisco, Gianaris, Gipson, 

25   Hassell-Thompson, Hoylman, Kennedy, Krueger, 


                                                               2775

 1   Latimer, Martins, Montgomery, O'Brien, Parker, 

 2   Peralta, Perkins, Rivera, Sanders, Serrano, 

 3   Squadron, Stavisky, Stewart-Cousins and Tkaczyk.

 4                Absent from voting:  Senator 

 5   Bonacic.

 6                Ayes, 34.  Nays, 25.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                Senator Libous.

10                SENATOR LIBOUS:   Mr. President, 

11   could we lay aside the remaining calendar for the 

12   day.

13                ACTING PRESIDENT VALESKY:   The rest 

14   of the calendar is laid aside for the day.

15                SENATOR LIBOUS:   And if we could 

16   move to motions and resolutions and call on I 

17   believe Senator Savino.

18                ACTING PRESIDENT VALESKY:    

19   Returning to motions and resolutions.  

20                Senator Savino.

21                SENATOR SAVINO:   Thank you.  Thank 

22   you, Mr. President.  On behalf of Senator Klein, 

23   on page 54 I offer the following amendments to 

24   Calendar Number 762, Senate Print Number 6634A, 

25   and I ask that the said bill retain its place on 


                                                               2776

 1   the Third Reading Calendar.

 2                ACTING PRESIDENT VALESKY:   So 

 3   ordered.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, on 

 6   behalf of Senator Larkin, on page 34 I offer the 

 7   following amendments to Calendar Number 569, 

 8   Senate Print 285, and ask that said bill retain 

 9   its place on Third Reading Calendar.

10                ACTING PRESIDENT VALESKY:   So 

11   ordered.

12                SENATOR LIBOUS:   Mr. President, is 

13   there any further business at the desk?  

14                ACTING PRESIDENT VALESKY:   There is 

15   no further business at the desk.

16                SENATOR LIBOUS:   Mr. President, I 

17   move that the Senate stand adjourned until 

18   Wednesday, May 21st, at 10:00 a.m.

19                ACTING PRESIDENT VALESKY:   On 

20   motion, the Senate stands adjourned until 

21   Wednesday, May 21st, at 10:00 a.m.

22                (Whereupon, at 6:29 p.m., the Senate 

23   adjourned.)

24

25