Regular Session - April 28, 2015

                                                                   2110

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 28, 2015

11                     3:48 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2111

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask everyone present to 

11   please bow their heads in a moment of silent 

12   reflection and prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Monday, 

18   April 27th, the Senate met pursuant to 

19   adjournment.  The Journal of Friday, April 24th, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.  


                                                               2112

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports of state 

 6   officers.  

 7                Motions and resolutions.  

 8                Senator LaValle.

 9                SENATOR LaVALLE:   Mr. President, I 

10   have an amendment.  On behalf of Senator Griffo, 

11   on page number 26, I offer the following 

12   amendments to Calendar Number 384, Senate Print 

13   Number 2653, and ask that said bill retain its 

14   place on the Third Reading Calendar.

15                ACTING PRESIDENT GRIFFO:   The 

16   amendments are received, and the bill shall 

17   retain its place on third reading.

18                Senator LaValle.

19                SENATOR LaVALLE:   Would you 

20   recognize Senator Valesky.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Valesky.

23                SENATOR VALESKY:   Thank you, 

24   Mr. President.  

25                On behalf of Senator Avella, I move 


                                                               2113

 1   that the following bills be discharged from their 

 2   respective committees and be recommitted with 

 3   instructions to strike the enacting clause:  

 4   Senate Bill 1815 and Senate Bill 4707.

 5                ACTING PRESIDENT GRIFFO:   So 

 6   ordered.

 7                Senator LaValle.

 8                SENATOR LaVALLE:   Mr. President, 

 9   can we adopt the Resolution Calendar, with the 

10   exception of Resolutions 1771, 1696, and 1689.

11                ACTING PRESIDENT GRIFFO:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolutions 1771, 1696, and 

14   1689, signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT GRIFFO:   Opposed?  

17                (No response.)

18                ACTING PRESIDENT GRIFFO:   The 

19   Resolution Calendar is adopted.

20                Senator LaValle.

21                SENATOR LaVALLE:   Can we take up 

22   previously adopted Resolution 977, by Senator 

23   Golden, read it in its entirety, and then 

24   recognize Senator Golden to speak.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               2114

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 977, by Senator Golden, 

 4   commemorating the 150th anniversary of the end of 

 5   the American Civil War on April 9, 2015, and 

 6   paying tribute to those who fought.  

 7                "WHEREAS, It is the sense of this 

 8   Legislative Body to commemorate the events during 

 9   the American Civil War and those involved in such 

10   events that led to the indelible unity of our 

11   great nation; and 

12                "WHEREAS, This Legislative Body is 

13   proud to commemorate the 150th anniversary of the 

14   end of the American Civil War and to pay tribute 

15   to those who, both in and out of battle, 

16   contributed to the preservation of our great 

17   Union and the foundation of a greater set of 

18   values upon which our nation has considerably 

19   progressed; and 

20                "WHEREAS, The American Civil War 

21   involved over 3 million Americans, and was the 

22   deadliest of American wars, costing the lives of 

23   over 600,000 soldiers and leaving over 400,000 

24   soldiers wounded; and 

25                "WHEREAS, New York State provided 


                                                               2115

 1   more than 400,000 recruits to the military, and 

 2   lost nearly 40,000 soldiers to combat and 

 3   disease, the greatest loss of any state by the 

 4   end of the war, while not a single battle was 

 5   fought in New York State; and 

 6                "WHEREAS, New York State produced 

 7   myriad notable individuals among the hundreds of 

 8   thousands from the state who were vital to the  

 9   aims of the Union and to the end of the war, 

10   including General Gouverneur K. Warren, General 

11   John McAllister Schofield, and Union Brigadier  

12   General George Crockett Strong; and 

13                "WHEREAS, New York State saw many of 

14   its African-American residents join the 

15   54th Massachusetts Regiment, the first regiment 

16   in  the nation that permitted African-Americans 

17   to join the war, and in doing so promoted the 

18   equality of races; and 

19                "WHEREAS, Nationally, these 

20   regiments lost 35,000 soldiers, second only to 

21   the numbers lost by New York State, in the most 

22   admirable pursuit of equality and preservation of 

23   meritorious principles; and 

24                "WHEREAS, New York's 69th Infantry 

25   Regiment, the 'Fighting Sixty-Ninth,' was an 


                                                               2116

 1   Irish regiment organized in New York State and 

 2   was a pivotal actor in key battles such as 

 3   Bull Run, Malvern Hill, Antietam, and Gettysburg; 

 4   and 

 5                "WHEREAS, The U.S.S. Monitor, 

 6   constructed in Greenpoint, Brooklyn, was the  

 7   first ironclad ship commissioned by the 

 8   Union Navy and was involved in the critical 

 9   Battle of Hampton Roads; and 

10                "WHEREAS, This Legislative Body, 

11   attendant to its commemoration of the end of the 

12   American Civil War, advances that the state and 

13   the nation sedulously remember the events and 

14   individuals who fought for a stronger, unified 

15   nation instilled not only with laudable 

16   principles but also with the aspiration to 

17   improve; now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to commemorate 

20   the 150th anniversary of the end of the American  

21   Civil War on April 9, 2015, and to pay tribute to 

22   those who fought; and be it further 

23                "RESOLVED, That copies of this 

24   resolution, suitably engrossed, be transmitted to 

25   the New York State Museum, the New York State 


                                                               2117

 1   Military Museum, The New York Historical Society, 

 2   The American Legion, The Brooklyn Historical 

 3   Society, and the Seward House Historical Museum."

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Golden on the resolution.

 6                SENATOR GOLDEN:   Thank you, 

 7   Mr. President.  

 8                I'd like to start by thanking my 

 9   Mitch Lucas, my legislative aide, for putting 

10   this together today.  

11                This is a great month, April.  We'll 

12   be talking next week about the 150th anniversary 

13   of the New York City Fire Department.  But on 

14   April 9th was the 150th anniversary of the end of 

15   the Civil War.  

16                This resolution is a reminder of how 

17   important preserving the Union was to becoming 

18   the great nation that it is today, the greatest 

19   nation in the world.  And New York State had a 

20   critical role in this effort, even though no 

21   battles were fought here.  And New York State had 

22   the most soldiers of any state recruited and the 

23   most killed in the Civil War.  

24                The first ironclad ship, as has been 

25   read, the U.S.S. Monitor, was built right in 


                                                               2118

 1   Brooklyn, at the Brooklyn Navy Yard, which still 

 2   exists today and has created thousands of jobs 

 3   and economic development for our families and our 

 4   communities across the city and state of 

 5   New York.  

 6                And New York has some of the most 

 7   notable generals in history, one of them being 

 8   Thomas Francis Meagher, commander of the 

 9   "Fighting Sixty-Ninth" Irish Regiment.  

10                This state served well, as it has in 

11   many wars, but it proved itself in that Civil War 

12   by the number of members that were not only 

13   recruited but gave their blood so that this could 

14   be a free and great nation.  And it has proven, 

15   over the last 150 years, not only to be a great 

16   nation but to be the greatest nation in the 

17   world.  

18                So I tell my colleagues thank you 

19   for being part of this.  And I thank Brooklyn for 

20   its role.  And I thank this great state for all 

21   it's contributed to making and continuing to make 

22   this the greatest state in the nation.

23                Thank you.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Golden.


                                                               2119

 1                As noted, the resolution was 

 2   previously adopted.

 3                Senator LaValle.

 4                SENATOR LaVALLE:   Can we take up 

 5   another previously adopted resolution, 871, by 

 6   Senator LaValle, and read the title and then 

 7   recognize Senator Bonacic.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 871, memorializing Governor 

12   Andrew M. Cuomo to proclaim April 19-25, 2015, as 

13   Osteopathic Medicine Week in the State of 

14   New York, in conjunction with the observance of 

15   National Osteopathic Medicine Week.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bonacic.

18                SENATOR BONACIC:   Thank you, 

19   Mr. President.  

20                I want to thank Senator LaValle and 

21   Senator Marcellino for their work with respect to 

22   this resolution.

23                I would ask you all to look in the 

24   chamber above, and you'll see a lot of young 

25   students with their white jackets on.  And they 


                                                               2120

 1   are medical students learning to be doctors.  And 

 2   we had spoken to them earlier today; they're 

 3   going to enter the healthcare field.  And we 

 4   welcome them to the chamber, and we thank them 

 5   for their commitment to medicine and holistic 

 6   learning in your profession.

 7                Thank you very much, Mr. President.

 8                And the other thing I'd like to 

 9   mention -- which I did not, and excuse me -- is 

10   they're representatives from Touro College, both 

11   from the campus in Harlem and those in 

12   Middletown, Orange County, New York.  And in 

13   addition to that, the New York Institute of 

14   Technology, the College of Osteopathic Medicine 

15   in Old Westbury, New York.  Welcome to all of 

16   you.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Bonacic.  

20                And we welcome you all to the Senate 

21   chambers today.  Thank you.

22                Senator LaValle.

23                SENATOR LaVALLE:   Could we 

24   recognize Senator Addabbo.  He wants to introduce 

25   some people to us.


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 1                ACTING PRESIDENT GRIFFO:   Without 

 2   objection, Senator Addabbo is recognized.

 3                SENATOR ADDABBO:   Thank you, 

 4   Mr. President.  

 5                And I ask my colleagues to join me 

 6   in welcoming one of the finest schools in my 

 7   district, P.S. 88 from Ridgewood, Queens.  

 8                Students, professors, teachers, 

 9   welcome.  Thank you.

10                (Applause.)

11                ACTING PRESIDENT GRIFFO:   We 

12   welcome the students here today.  Thanks for 

13   being in the gallery, and thanks for doing such a 

14   great job in leading us in the Pledge of 

15   Allegiance today.

16                Senator LaValle.

17                SENATOR LaVALLE:   Mr. President, 

18   can we take up Resolution 1696, by Senator 

19   Hassell-Thompson, and the title only be read.  

20   Also, can we open up the resolution for 

21   cosponsorship and then recognize Senator 

22   Hassell-Thompson.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read the title.

25                THE SECRETARY:   Legislative 


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 1   Resolution Number 1696, by Senator 

 2   Hassell-Thompson, commending Executive Director 

 3   Lillian Roberts upon the occasion of her 

 4   retirement after numerous years of distinguished 

 5   service to District Council 37.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Hassell-Thompson.

 8                SENATOR HASSELL-THOMPSON:   Thank 

 9   you, Mr. President.  

10                In anticipation that this resolution 

11   was to have been read in its entirety, I limited 

12   my remarks.  Now I'm going to extend my remarks, 

13   since we've only read the title.

14                I thank you for allowing me the 

15   opportunity to rise to commend Executive Director 

16   Lillian Roberts upon the occasion of her 

17   retirement after numerous years of distinguished 

18   service to District Council 37, New York City's 

19   largest public employee union.

20                Lillian Roberts was a force to be 

21   reckoned with in the history of our nation's 

22   labor movement.  By dedicating her life to 

23   organizing and empowering others, she led 

24   Council 37 during some of its most turbulent 

25   years in history.  Under Lillian Roberts' 


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 1   leadership, DC 37 grew to a peak membership of 

 2   125,000 public workers in New York City and the 

 3   state, 50,000 retirees, 1,000 job titles, and 

 4   55 locals.

 5                Whether she was fighting for a fair 

 6   contract or against outsourcing plots or fighting 

 7   against harsh budget cuts, she made sure that her 

 8   members had the best representation possible.

 9                She was named one of the 25 Most 

10   Influential Black Women in business by the 

11   Network Journal in 2010, and Essence Magazine 

12   called her probably the most powerful black 

13   person in American labor.

14                Some of her most innovative and 

15   excellent programs included establishing the 

16   largest union-based adult education program in 

17   the United States during her role as the 

18   associate director.  And in 2005 she launched the 

19   DC 37 Municipal Housing Program, which allows 

20   members and city workers preference for 5 percent 

21   of units in city-sponsored lotteries for 

22   affordable homes and apartments, down payment 

23   grants, and home buyer training and education.

24                Lillian Roberts was also a 

25   trailblazer who, from 1981 to 1987, served as the 


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 1   New York State Labor Commissioner, becoming both 

 2   the first woman as well as the first 

 3   African-American to hold this esteemed position.

 4                Throughout her tenure, Lillian 

 5   Roberts received many awards and accolades, 

 6   including the 2007 30 Most Influential Black 

 7   New Yorkers by the New York Post, the NAACP Roger 

 8   Wilkins Award, the First Lady of Labor Award from 

 9   the Episcopal Church Women, the Freedom Fighters 

10   Award from the Coalition of Black Trade 

11   Unionists, and the Distinguished Leadership Award 

12   from the United Negro College Fund.  She was also 

13   appointed to the New York State September 11th 

14   Workers Protection Task Force.

15                 In addition, Lillian Roberts also 

16   accepted the Triumph Award for Advocacy from the 

17   National Coalition of 100 Black Women, Inc., as 

18   well as the Clara Lemlich Public Service Award 

19   from Triangle Shirtwaist Factory Fire Memorial 

20   leaders for her efforts to reform workers' comp 

21   and improve occupational safety in New York 

22   State.

23                Once again, I wish to congratulate 

24   Lillian Roberts for all of her tireless years of 

25   dedication and service to the labor movement, on 


                                                               2125

 1   her retirement.  She fought for the rights of 

 2   working men and women in New York and Illinois 

 3   and has left a legacy that will forever impact 

 4   the labor movement of the United States of 

 5   America.

 6                Thank you, Mr. President.  

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Hassell-Thompson.  

 9                The question is on the resolution.  

10   All in favor signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT GRIFFO:   Opposed?  

13                (No response.)

14                ACTING PRESIDENT GRIFFO:   The 

15   resolution is adopted.  

16                And again, the resolution is open 

17   for cosponsorship.  Should you choose not to be a 

18   cosponsor, please notify the desk.

19                Senator LaValle.

20                SENATOR LaVALLE:   Thank you, 

21   Mr. President.

22                Can we take up Resolution 1771, by 

23   Senator Little, read the title only -- and 

24   Senator Little has requested that the resolution 

25   be opened for cosponsorship -- and then recognize 


                                                               2126

 1   Senator Little.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read the title of the resolution.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 1771, by Senator Little, 

 6   memorializing Governor Andrew M. Cuomo to 

 7   proclaim May 2, 2015, as I Love My Park Day in 

 8   the State of New York.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Little on the resolution.

11                SENATOR LITTLE:   Thank you, 

12   Mr. President.

13                This Saturday, May 2nd, will be our 

14   fourth annual I Love My Park Day.  It's a day 

15   that is an invitation for those who love our 

16   parks and historic sites to roll up their sleeves 

17   and pitch in in each of our districts to help 

18   make our parks that we have there the gems that 

19   they are, to shine and be improved.

20                This weekend volunteers will 

21   celebrate New York's park system by cleaning up 

22   winter damage and other debris on parklands and 

23   beaches.  They will plant trees, restore trails 

24   and wildlife habitat, and remove invasive 

25   species.  There will be something for all ages 


                                                               2127

 1   and all abilities.

 2                Since its start in 2012, the number 

 3   of parks involved in I Love My Parks Day has 

 4   doubled and the number of volunteers who have 

 5   taken part has tripled.  Just last year we had 

 6   more than 6,000 volunteers working in our parks 

 7   logging more than 12,000 hours.

 8                This year, 95 parks in New York 

 9   State will participate, from Montauk Point to 

10   Niagara Falls, so there's plenty of opportunity 

11   for everyone to find something to do.

12                I Love My Park Day is sponsored by 

13   the New York State Office of Parks, Recreation 

14   and Historic Preservation, by Parks & Trails 

15   New York, as well as by our local friends groups 

16   that we have in many of our parks.

17                But it's not only a chance to 

18   volunteer, it's really a chance to highlight our 

19   parks and make everyone more aware of the 

20   tremendous assets that we have, reminding people 

21   that they need not travel far from their own home 

22   area or outside of New York State to have fun and 

23   to have a relaxing getaway.

24                I would encourage each of you to do 

25   what you can to spread the word, encourage 


                                                               2128

 1   volunteers to get out and participate this 

 2   Saturday.  Details can be found at 

 3   www.nysparks.com.

 4                And while I'm standing, I'd also 

 5   like to thank all of you for your support of this 

 6   past year's New York State budget, which really 

 7   and truly supported major investments in our 

 8   New York State parks, helping them to improve and 

 9   to continue to provide a wonderful means of 

10   enjoyment for the residents of New York State and 

11   those outside of the state.

12                Thank you very much, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Little.

15                Senator Serrano on the resolution.

16                SENATOR SERRANO:   Thank you very 

17   much, Mr. President.  

18                And I would like to thank the 

19   sponsor, Senator Betty Little, for bringing forth 

20   this resolution once again.  I have the good 

21   fortune of serving as the ranking member on the 

22   Senate's Cultural Affairs, Parks and Tourism 

23   Committee.  Under her leadership as chair of that 

24   committee, we have worked together to address 

25   many issues involving parks and the important 


                                                               2129

 1   economic engine that tourism, especially nature 

 2   tourism, provides to the State of New York.

 3                But we both, and all of our 

 4   colleagues here in the Senate chamber, understand 

 5   that the wonderful park system that provides and 

 6   affords us so many wonderful recreational 

 7   opportunities, that is historic in nature, it's 

 8   grand -- it is really the crown jewel in the 

 9   State of New York, providing hundreds of miles of 

10   trails, of camping experiences, canoeing, 

11   boating, and all-around healthy recreational 

12   activity -- is in dire need of much 

13   infrastructure improvements.  

14                There is a long multi-billion-dollar 

15   list of backlog in regards to capital 

16   improvements that need to be made to these 

17   wonderful parks, which are aging.  Many of the 

18   park systems were developed during the WPA era, 

19   so we know a tremendous amount of time has 

20   passed, and there is much need for improvements 

21   and to modernize the facilities.

22                I Love My Park Day is a great 

23   opportunity for everyone in the State of New York 

24   to come together and show love for our beloved 

25   park system by getting in there, getting their 


                                                               2130

 1   hands dirty, cleaning up parks, painting, making 

 2   the trails more accessible -- there are so many 

 3   different ways that we, as average New Yorkers, 

 4   can have an impact on the parks that we love so 

 5   much.

 6                More importantly than that, it 

 7   provides New Yorkers the opportunity to have a 

 8   vested feeling about their park.  More than just 

 9   a place to visit, this is a place that 

10   New Yorkers are helping to grow and to nurture.  

11   And we hope that this becomes a generational 

12   thing, where young New Yorkers come and be a part 

13   of this.  I know in my area, any of the park days 

14   that we have on the city level or so on, I like 

15   to get involved and bring my family and children 

16   along as well.

17                So once again, I just want to thank 

18   Senator Little for her tremendous leadership on 

19   all issues involving parks, nature tourism.  We 

20   had a great time yesterday for Adirondack Day.  

21   And I hope all of my colleagues support this 

22   resolution.

23                Thank you.  

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Serrano.  


                                                               2131

 1                The question is on the resolution.  

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GRIFFO:   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   resolution is adopted.  

 8                And the resolution is open for 

 9   cosponsorship.  Should you choose not to be a 

10   cosponsor, please notify the desk.

11                Senator LaValle.

12                SENATOR LaVALLE:   Mr. President, 

13   can we take up Resolution 1689, by Senator 

14   Marchione, and read the title only.  Senator 

15   Marchione would like the resolution opened for 

16   cosponsorship.  And then if you would recognize 

17   Senator Marchione.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read the title.

20                THE SECRETARY:   Legislative 

21   Resolution Number 1689, commemorating the 64th 

22   annual observance of the National Day of Prayer 

23   in the State of New York, Thursday, May 7, 2015.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Marchione.


                                                               2132

 1                SENATOR MARCHIONE:   Mr. President 

 2   and my colleagues, I rise to speak on my 

 3   resolution commemorating the 64th annual 

 4   observance of the National Day of Prayer in 

 5   New York State, which will be on Thursday, May 7, 

 6   2015.  

 7                Millions of Americans will take part 

 8   in the National Day of Prayer, a special 

 9   nonpartisan day when people of faith will humbly 

10   seek the Lord's healing and renewing power for 

11   ourselves, our nation, and our leaders.  

12                The theme of the National Day of 

13   Prayer this year is "Lord, Hear Our Cry," which 

14   comes from 1 Kings 8:28, that says "Hear the cry 

15   and the prayer that your servant is praying in 

16   your presence this day."

17                A special prayer will be read at 

18   noon on May 7th which launches a powerful 

19   nationwide wave of prayer.

20                Prayer is an important part of our 

21   nation's heritage.  Prayer guides us, prayer 

22   sustains us, and prayer helps us.

23                I invite all of my colleagues to 

24   join myself, Pastor Steve Lalor, other spiritual 

25   leaders, and people of faith in their local 


                                                               2133

 1   observance of the National Day of Prayer on 

 2   May 7th.  Our observance here in the Capital 

 3   Region is at 11 a.m. and at noon at the Cathedral 

 4   of All Saints at 62 Swan Street in Albany.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Marchione.

 8                Senator Díaz.

 9                SENATOR DIAZ:   Thank you, 

10   Mr. President.

11                Just to congratulate Senator 

12   Marchione for this so important resolution about 

13   prayer, dedicating a day of prayer in the State 

14   of New York.

15                This is something that is needed.  

16   Our nation is going through different troubles -- 

17   people killing each other, disrespecting the 

18   elderly.  We have so much trouble in this nation 

19   and especially in this state, especially in the 

20   City of New York, that like Senator Marchione 

21   said, prayer is helpful.  Prayer doesn't hurt 

22   anyone.  

23                The Bible asks us to pray for our 

24   leaders.  The Bible asks us to pray for our 

25   friends, for our enemies.  The Bible asks us to 


                                                               2134

 1   pray for everyone.  Prayer is great.

 2                And this state, this state needs a 

 3   lot of prayer.  And this nation needs a lot of 

 4   prayer.  So a resolution like this one is 

 5   commendable.  It's very needed.  And Senator 

 6   Marchione, thank you very much.  And I proudly 

 7   join you and ask all my colleagues to join in 

 8   supporting this resolution.  

 9                And let's do something that day, 

10   let's do something that day in this chamber to 

11   pray all together, holding our hands like friends 

12   and God-fearing people.

13                So thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Reverend Díaz.

16                The question is on the resolution. 

17   All in favor signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   resolution is open for cosponsorship.  Should you 

23   choose not to be a cosponsor, please notify the 

24   desk.

25                Senator LaValle.


                                                               2135

 1                SENATOR LaVALLE:   Mr. President, 

 2   can we take up a previously adopted resolution, 

 3   1334, by Senator Hoylman, read the title only, 

 4   and then recognize Senator Hoylman.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read the title.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 1334, by Senator Hoylman, 

 9   memorializing Governor Andrew M. Cuomo to 

10   proclaim April 24-30, 2015, as World Immunization 

11   Week in the State of New York.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   LaValle.

14                SENATOR LaVALLE:   Yes.  Would you 

15   open this resolution for cosponsorship.

16                ACTING PRESIDENT GRIFFO:   The 

17   resolution will be open for cosponsorship.  

18   Should you choose not to be a cosponsor, notify 

19   the desk.  

20                As indicated, it's been previously 

21   adopted.

22                Senator Hoylman on the resolution.

23                SENATOR HOYLMAN:   Thank you, 

24   Mr. President.  

25                I'm proud to bring this resolution, 


                                                               2136

 1   which proclaims April 24th through April 30th as 

 2   World Immunization Week in the State of New York.  

 3   The purpose of the week is to recognize the vast 

 4   leaps forward in medical technology which have 

 5   allowed us to immunize ourselves against terrible 

 6   diseases as well as raise the awareness of the 

 7   safety and effectiveness of vaccines in 

 8   preventing disease and saving lives.  

 9                You know, the first vaccination 

10   occurred way back in 1798 for the smallpox 

11   illness, and we've seen benefits ever since then.  

12   Last century, in the 1950s, Jonas Salk, I think 

13   folks know from high school, introduced the world 

14   to the polio vaccine, which changed the course of 

15   world history.

16                Now, immunization of children has 

17   been particularly effective in protecting them 

18   against some of the most dangerous diseases known 

19   to man.  And vaccines protect not just kids but 

20   adolescents and adults against a whole host of 

21   diseases -- the flu, meningitis, cervical cancer 

22   caused by the HPV virus, liver cancer, diptheria, 

23   hepatitis B, measles, mumps.  A parade of 

24   horribles, to say the least.

25                The CDC estimates that the lives of 


                                                               2137

 1   more 732,000 children have been saved by routine 

 2   vaccination in the last 20 years and that 

 3   322 million cases of kids getting sick were 

 4   prevented.

 5                Now, they not only save lives, but 

 6   vaccinations also substantially lower the costs 

 7   of our healthcare system.  According to the CDC 

 8   again, routine immunization prevented more than 

 9   21 million hospitalizations, saving nearly 

10   $295 billion in direct costs and $1.38 trillion 

11   in total social costs, which include things like 

12   lost productivity due to disability and early 

13   death.

14                Now, despite the incredible benefits 

15   of vaccinations, the World Health Organization 

16   estimates that up to 1.5 million kids around the 

17   world still die each year from diseases which 

18   could have been prevented with a simple vaccine.

19                Here in the U.S. there continues to 

20   be, unfortunately, misinformation spread about 

21   the potential negative side effects of 

22   vaccination of our kids in particular, an issue 

23   close to me with a 4-year-old.  These arguments 

24   are often based on a 1998 research paper by 

25   somebody named Andrew Wakefield, a British 


                                                               2138

 1   medical researcher.  He claimed to find a link 

 2   between measles, mumps and rubella, MMR, that 

 3   vaccine and the development of autism in kids.  

 4                The study has since been thoroughly 

 5   discredited time and time again by the medical 

 6   community, most recently in the last couple of 

 7   weeks in a study published in the Journal of the 

 8   American Medical Association, which examined a 

 9   group of more than 95,000 children who were 

10   identified to be at higher risk for developing 

11   autism to see if the administration of the MMR 

12   vaccine made them any more likely to develop the 

13   disability.  

14                Well, the answer, my colleagues, is 

15   a resounding no.  The study found that the MMR 

16   vaccine receipt was not associated with an 

17   increased risk of ASD, autism spectrum disorders, 

18   at any age.  

19                It's time to put the idea that 

20   vaccines can cause a child to develop autism or 

21   awaken with some other latent disability to rest.  

22   Such contentions really play off the worst fears 

23   of parents -- I know -- across the country and 

24   pose a serious danger to our kids.  

25                We only need to look at California's 


                                                               2139

 1   most recent epidemic of whooping cough, also 

 2   known as pertussis, to see how misinformation can 

 3   spread.  Over 28,000 cases of whooping cough were 

 4   reported in California in the year 2014 -- which, 

 5   although down from a high of nearly 50,000 cases 

 6   in 2012, still represents an unacceptable risk 

 7   for kids who have not been exposed to the 

 8   illness.  

 9                Now, in our own State of New York we 

10   had an outbreak of mumps last year, in part for 

11   the same reasons of misinformation.  

12                Vaccines have proven to be 

13   incredibly useful, Mr. President, to prevent so 

14   much suffering and loss of life.  And on this 

15   World Immunization Week I urge my colleagues in 

16   the Legislature to promote their use and fight 

17   against the spread of misinformation regarding 

18   their effects on our children.

19                I also want to thank the dynamism of 

20   New York's own home-grown pharmaceutical and 

21   biotechnology industry which have contributed to 

22   the success of so many vaccinations across the 

23   world.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               2140

 1   you, Senator Hoylman.  

 2                As indicated, the resolution has 

 3   been previously adopted.

 4                Senator LaValle.

 5                SENATOR LaVALLE:   Mr. President, 

 6   can we have the noncontroversial reading of the 

 7   calendar.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 60, 

11   by Senator Robach, Senate Print 834, an act to 

12   amend the Penal Law.  

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

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

21   Senators Montgomery and Perkins recorded in the 

22   negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2141

 1   218, by Senator Robach, Senate Print 1961, an act 

 2   to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 218, those recorded in the 

14   negative are Senators Hoylman, Krueger, 

15   Montgomery, Panepinto, Perkins and Rivera.  

16                Ayes, 54.  Nays 6.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   234, by Senator Ortt, Senate Print 3636, an act 

21   to amend the Mental Hygiene Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               2142

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   236, by Senator Bonacic, Senate Print 1370, an 

 9   act to amend the Education Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   264, by Senator Croci, Senate Print 3994, an act 

22   to authorize.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2143

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   274, by Senator Parker, Senate Print 3549, an act 

10   to amend the Not-for-Profit Corporation Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect November 11, 2016.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                Senator LaValle, that completes the 

22   reading of the noncontroversial calendar today.

23                SENATOR LaVALLE:   Mr. President, 

24   I'm calling an immediate meeting of the Finance 

25   Committee in Room 332.  So those members of the 


                                                               2144

 1   Finance Committee should immediately proceed to 

 2   Room 332.

 3                ACTING PRESIDENT GRIFFO:   There 

 4   will be an immediate meeting of the Senate 

 5   Finance Committee in Room 332.  Members should 

 6   proceed to Room 332.

 7                Senator LaValle.

 8                SENATOR LaVALLE:   For the rest of 

 9   us, Mr. President, is there any further business 

10   at the desk?  

11                ACTING PRESIDENT GRIFFO:   There is 

12   no further business before the desk.

13                SENATOR LaVALLE:   Then I move that 

14   we adjourn until Wednesday, April 29th, at 

15   11:00 a.m.

16                ACTING PRESIDENT GRIFFO:   On 

17   motion, the Senate will stand adjourned until 

18   Wednesday, April 29th, at 11:00 a.m.  

19                The Senate is adjourned.

20                (Whereupon, at 4:22 p.m., the Senate 

21   adjourned.)

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