Regular Session - March 15, 2016
1088
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 15, 2016
11 3:29 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS D. CROCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
1089
1 P R O C E E D I N G S
2 ACTING PRESIDENT CROCI: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT CROCI: Today we
10 have Reverend Andrew Nuñez, senior pastor,
11 Believer's Mennonite Garifuna Ministries, from
12 the Bronx, to deliver the invocation.
13 Reverend.
14 REVEREND NUÑEZ: Let us pray.
15 Great God, our Creator of heaven
16 and earth, the creator of this universe, we give
17 our thanks for all of us to come here once again
18 to give You honor and glory.
19 We thank you, O God, for the holy
20 spirit that is in this place. We thank You for
21 Your presence. We thank You, O God, for Your
22 servants who are here to do Your will for their
23 community. And, Lord, we want to thank You that
24 You will continue to use them.
25 We thank You, O God, for Reverend
1090
1 Díaz to allow us to come to acknowledge Garifuna
2 Heritage Month. We thank You for the Garifuna
3 contribution and the blessings that have poured
4 forth in this country. {In Garifuna.}
5 In the name of the Father and of
6 the Son and the Holy Spirit, God's people say
7 amen.
8 ACTING PRESIDENT CROCI: Thank
9 you, Pastor.
10 The reading of the Journal.
11 THE SECRETARY: In Senate, Monday,
12 March 14th, the Senate met pursuant to
13 adjournment. The Journal of Sunday, March 13th,
14 was read and approved. On motion, Senate
15 adjourned.
16 ACTING PRESIDENT CROCI: Without
17 objection, the Journal stands approved as read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 The Secretary will read.
21 THE SECRETARY: On page 5, Senator
22 Marcellino moves to discharge, from the
23 Committee on Rules, Assembly Bill Number 9193
24 and substitute it for the identical Senate Bill
25 6391A, Third Reading Calendar 22.
1091
1 ACTING PRESIDENT CROCI:
2 Substitution ordered.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Yes.
11 Mr. President, I wish to call up Senator
12 Hannon's bill, Print Number 6779, recalled from
13 the Assembly, which is now at the desk.
14 ACTING PRESIDENT CROCI: The
15 Secretary will read the title of the bill.
16 THE SECRETARY: Calendar Number
17 286, by Senator Hannon, Senate Print 6779, an
18 act to amend the Public Health Law.
19 SENATOR DeFRANCISCO: I now move
20 to reconsider the vote by which this bill was
21 passed.
22 ACTING PRESIDENT CROCI: Call the
23 roll on reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 50.
1092
1 ACTING PRESIDENT CROCI: The bill
2 is restored to its place on the Third Reading
3 Calendar.
4 SENATOR DeFRANCISCO: I now offer
5 the following amendments.
6 ACTING PRESIDENT CROCI: The
7 amendments are received, and the bill retains its
8 place on the Third Reading Calendar.
9 SENATOR DeFRANCISCO: May we now
10 adopt the Resolution Calendar, with the exception
11 of Resolutions 4129, 4190, 4306, 4325, 4312, and
12 4305.
13 ACTING PRESIDENT CROCI: All in
14 favor of adopting the Resolution Calendar, with
15 the exception of Resolutions 4129, 4190, 4306,
16 4325, 4312 and 4305, please signify by saying
17 aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT CROCI: Opposed?
20 (No response.)
21 ACTING PRESIDENT CROCI: The
22 Resolution Calendar is adopted.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Would you
25 please take up the noncontroversial reading of
1093
1 the calendar.
2 ACTING PRESIDENT CROCI: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number 22,
5 substituted earlier by Member of the Assembly Ra,
6 Assembly Print 9193, an act to amend Chapter 672
7 of the Laws of 1993.
8 ACTING PRESIDENT CROCI: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the same date and in the
12 same manner as a chapter of the Laws of 2015.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55.
17 ACTING PRESIDENT CROCI: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 130, by Senator Funke, Senate Print 6370B, an act
21 to amend the Highway Law.
22 ACTING PRESIDENT CROCI: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
1094
1 ACTING PRESIDENT CROCI: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT CROCI: Senator
5 Funke to explain his vote.
6 SENATOR FUNKE: Thank you,
7 Mr. President.
8 New York's craft beverage industry
9 continues to grow, create jobs and bolster our
10 local economies in every corner of New York
11 State, thankfully. And over the past few years
12 the Legislature has cut red tape and eased
13 regulations to help brewers and farm breweries
14 expand while strengthening the state's
15 agriculture and tourism industries.
16 I just wanted to take a moment to
17 thank everybody, because from creating a new
18 license for craft brewers that use New York-grown
19 ingredients, including an exemption on
20 brand-label registration fees for small brewers
21 and expanding tax exemptions for tastings
22 conducted by New York breweries, New York State
23 has truly been working hard to assist the growth
24 in this industry.
25 My district happens to be filled
1095
1 with craft breweries. Currently the craft
2 beverage industry in the Finger Lakes has had
3 success in promoting their products on an
4 informal basis. This has allowed local craft
5 beverage businesses to pool their marketing
6 efforts through cross-promotion. So now the
7 official designation of the Rochester Finger
8 Lakes Craft Beverage Trail, under the State
9 Highway Law, is an important next step in
10 fostering our local craft beverage industry.
11 This proposal is going to create
12 greater awareness and enhance the promotion of
13 the local craft beverage industry and stimulate
14 economic growth.
15 I encourage all of my colleagues to
16 visit us up in Rochester and take advantage of
17 all the great craft beverages and all the great
18 things we have to do in our community.
19 I vote aye, and I thank my
20 colleagues for doing the same.
21 ACTING PRESIDENT CROCI: The
22 Senator will be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT CROCI: The bill
1096
1 is passed.
2 THE SECRETARY: Calendar Number
3 185, by Senator Perkins, Senate Print 2418, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 ACTING PRESIDENT CROCI: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 186, by Senator Nozzolio, Senate Print 6679, an
17 act to amend the Penal Law.
18 ACTING PRESIDENT CROCI: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT CROCI: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55. Nays, 2.
1097
1 Senators Montgomery and Perkins recorded in the
2 negative.
3 ACTING PRESIDENT CROCI: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 187, by Senator Nozzolio, Senate Print 6680, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT CROCI: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT CROCI: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT CROCI: Senator
16 Nozzolio.
17 SENATOR NOZZOLIO: Mr. President, I
18 rise to ask permission to explain my vote.
19 ACTING PRESIDENT CROCI: Senator
20 Nozzolio to explain his vote.
21 May we have some order in the house,
22 please. Thank you.
23 Senator Nozzolio.
24 SENATOR NOZZOLIO: Thank you,
25 Mr. President and my colleagues.
1098
1 This measure and the measure that we
2 just enacted are measures to protect the
3 innocent, to protect those who are in the
4 position of having someone care for them in a
5 trust capacity. By raising penalties, by
6 ensuring that we have additional, stronger laws
7 to protect the innocent, is what these measures
8 are all about.
9 That's why I rise in support of
10 them. I'm proud to have authored them. We want
11 to see them become law, because no one should
12 have to be subjected to this type of activity.
13 Our laws, by strengthening them,
14 this body moves a long way to preventing those
15 crimes.
16 Thank you, Mr. President. I vote
17 aye.
18 ACTING PRESIDENT CROCI: Senator
19 Nozzolio to be recorded in the affirmative.
20 Announce the result.
21 THE SECRETARY: In relation to
22 Calendar 187, those recorded in the negative are
23 Senators Montgomery, Parker and Perkins.
24 Ayes, 55. Nays, 3.
25 ACTING PRESIDENT CROCI: The bill
1099
1 is passed.
2 THE SECRETARY: Calendar Number
3 192, by Senator Bonacic, Senate Print 4368, an
4 act to amend the Environmental Conservation Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of July.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT CROCI: Announce
13 the result.
14 THE SECRETARY: In relation to
15 Calendar 192, those recorded in the negative are
16 Senators Comrie, Hassell-Thompson, Hoylman,
17 Krueger, Parker, Peralta, Perkins, Rivera,
18 Serrano and Squadron.
19 Ayes, 48. Nays, 10.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 193, by Senator Little, Senate Print 4563, an act
24 to amend the Environmental Conservation Law.
25 ACTING PRESIDENT CROCI: Read the
1100
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 204, by Senator Klein, Senate Print 1522, an act
12 to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT CROCI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day.
17 ACTING PRESIDENT CROCI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 229, by Senator Seward, Senate Print 5153, an act
25 to amend the Mental Hygiene Law.
1101
1 ACTING PRESIDENT CROCI: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT CROCI: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 294, by Senator Bonacic, Senate Print 1597, an
13 act to amend the Civil Practice Law and Rules.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT CROCI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 314, by Senator Savino, Senate Print 5296, an act
1102
1 to amend the Banking Law.
2 ACTING PRESIDENT CROCI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT CROCI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 315, by Senator Avella, Senate Print 6747A, an
14 act to amend the Education Law.
15 ACTING PRESIDENT CROCI: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT CROCI: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT CROCI: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 315, those recorded in the negative are
1103
1 Senators DeFrancisco, Dilan, Hassell-Thompson,
2 Krueger, O'Mara, Perkins, Persaud and Rivera.
3 Ayes, 51. Nays, 8.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 329, by Senator Boyle, Senate Print 6447, an act
8 authorizing.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57. Nays, 2.
17 Senators Bonacic and O'Mara recorded in the
18 negative.
19 ACTING PRESIDENT CROCI: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 336, by Senator Golden, Senate Print 1472A, an
23 act to amend the Social Services Law.
24 ACTING PRESIDENT CROCI: Read the
25 last section.
1104
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar 336, those recorded in the negative are
8 Senators Montgomery, Parker, Perkins and Persaud.
9 Also Senator Comrie.
10 Ayes, 54. Nays, 5.
11 ACTING PRESIDENT CROCI: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 348, by Senator Golden, Senate Print 1467, an act
15 to amend the Civil Rights Law.
16 ACTING PRESIDENT CROCI: Read the
17 last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect on the 30th day.
20 ACTING PRESIDENT CROCI: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
1105
1 THE SECRETARY: In relation to
2 Calendar 348: Ayes, 58. Nays, 1. Senator
3 Perkins recorded in the negative.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 353, by Senator Lanza, Senate Print 3362A, an act
8 to amend the Penal Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 7. This
12 act shall take effect on the first of November.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57. Nays, 2.
17 Senators Montgomery and Parker recorded in the
18 negative.
19 ACTING PRESIDENT CROCI: The bill
20 is passed.
21 Senator DeFrancisco, that completes
22 the noncontroversial reading of the calendar.
23 SENATOR DeFRANCISCO: Thank you.
24 If we could now go to motions and
25 resolutions again, and please take up the
1106
1 previously adopted Resolution Number 3936, by
2 Senator Golden, read the title only, and please
3 recognize Senator Golden.
4 ACTING PRESIDENT CROCI: The
5 Secretary will read the title only.
6 THE SECRETARY: Legislative
7 Resolution 3936, by Senator Golden, memorializing
8 Governor Andrew M. Cuomo to proclaim March 15,
9 2016, as Dyslexia Awareness Day in the State of
10 New York.
11 ACTING PRESIDENT CROCI: Senator
12 Golden.
13 SENATOR GOLDEN: Thank you,
14 Mr. President.
15 I rise today to speak on this
16 legislative resolution that many of the people up
17 here in the audience are up here today trying to
18 bring awareness to dyslexia. One in five people
19 have dyslexia. That is 20 percent of our
20 population. Dyslexia does not discriminate.
21 Dyslexia affects every segment of the
22 population -- rich and poor and every ethnicity.
23 Dyslexia is a learning disability
24 that affects the ability to decode and to process
25 words. It can affect the ability to read, spell,
1107
1 and in some instances to properly speak.
2 Don't get me wrong, many of these
3 kids fight through school and go on to become
4 lawyers and doctors and scientists. But it's a
5 fight for them. And we need to fight for these
6 children today to make their lives easier.
7 As you can imagine, a person with
8 dyslexia can have a difficult time learning,
9 which can lead to fewer career options. However,
10 people with dyslexia are not doomed to failure.
11 With help, people with dyslexia can learn how to
12 read, to spell, to speak, despite this
13 disability. They can and do triumph over their
14 disability.
15 To triumph, our citizens with
16 dyslexia, educators and schools need our help and
17 support. We need to start helping our children
18 with dyslexia at an early age so that they will
19 be able to read and to comprehend the learning
20 materials discussed in their classes.
21 I'm calling on every person out
22 there to recognize that dyslexia is a disability
23 and to understand that those with dyslexia are
24 trying their best to overcome their disability
25 and to be a productive member of society.
1108
1 Let's help those with dyslexia
2 overcome those barriers created by this
3 disability. Let's bring about the awareness so
4 that we can conquer it. When we do that, we will
5 see amazing, amazing results.
6 I thank you. God bless you all.
7 And let's do the right thing for these children.
8 Thank you, Mr. President.
9 (Extended applause.)
10 ACTING PRESIDENT CROCI: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: Yes, Senator
13 Golden would like to open it up for
14 cosponsorship.
15 ACTING PRESIDENT CROCI: The
16 resolution is open for cosponsorship. If there
17 is anyone who does not want to be a cosponsor,
18 please notify the desk.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Could you
21 next take up Resolution 4129, by Senator Díaz,
22 and read it in its entirety.
23 ACTING PRESIDENT CROCI: The
24 Secretary will read.
25 THE SECRETARY: Legislative
1109
1 Resolution Number 4129, by Senator Díaz,
2 memorializing governor Andrew M. Cuomo to declare
3 March 11, 2016, to April 12, 2016, as Garifuna-
4 American Heritage Month in the State of New York.
5 "WHEREAS, It is the sense of this
6 Legislative Body to recognize and pay just
7 tribute to the cultural heritage of the ethnic
8 groups which comprise and contribute to the
9 richness and diversity of the community of the
10 State of New York; and
11 "WHEREAS, Attendant to such concern,
12 and in keeping with its time-honored traditions,
13 it is the intent of this Legislative Body to
14 applaud and commemorate events which foster
15 ethnic pride and exemplify the cultural diversity
16 that represents and strengthens the spirit of the
17 people and the State of New York; and
18 "WHEREAS, This Legislative Body is
19 justly proud to memorialize Governor Andrew M.
20 Cuomo to declare March 11, 2016, to April 12,
21 2016, as Garifuna-American Heritage Month in the
22 State of New York; and
23 "WHEREAS, Garifuna-American Heritage
24 Month celebrates the great contributions of
25 Garifuna-Americans to the fabric of New York
1110
1 City, and pays tribute to the common culture and
2 bonds of friendship that united the United States
3 and the Garifuna countries of Belize, Guatemala,
4 Honduras, Nicaragua, St. Vincent and the
5 Grenadines; and
6 "WHEREAS, Garifuna-American
7 Heritage Month affirms the culture, identity and
8 self-esteem of a people; it celebrates a rich
9 heritage and illuminates Garifuna history and
10 tradition, as well as the spirit of an
11 indomitable people; and
12 "WHEREAS, In 1665, two Spanish ships
13 wrecked off the coast of St. Vincent; and
14 "WHEREAS, The West African slaves
15 that escaped to the island eventually
16 intermarried with the Caribs and the Arawaks
17 indigenous native people; and
18 "WHEREAS, The new race of people,
19 known as the Garifuna, grew strong and prosperous
20 on the island; and
21 "WHEREAS, In 1795, the Garifuna
22 began the Second Carib War against the British;
23 battles raged throughout St. Vincent over the
24 next year, with both sides enduring heavy losses;
25 and
1111
1 "WHEREAS, On June 10, 1796, the
2 final battle commenced with the Garifuna and
3 British, resulting in the Garifuna's surrender;
4 and
5 "WHEREAS, The surviving Black Caribs
6 were forcibly transferred to the neighboring
7 island of Balliceaux; and
8 "WHEREAS, On March 11, 1797, the
9 defeated Garifuna were loaded onto a convoy of
10 eight vessels and transported to Roatan,
11 Honduras, which arrived on April 12th of that
12 year; and
13 "WHEREAS, The Garifuna began to
14 migrate to the United States during the 1930s;
15 today, New York City is home to the largest
16 Garifuna community outside of Central America;
17 and
18 "WHEREAS, In 1823, William Henry
19 Brown, the first American playwright of African
20 descent, wrote 'The Drama of King Shotaway,'
21 recognized as the first black drama of the
22 American theater, and has as its subject the 1795
23 Black Caribs (Garifunas) defense of the Island of
24 Saint Vincent against colonization by the
25 British; and
1112
1 "WHEREAS, On May 18, 2001, the
2 United Nations Educational, Scientific and
3 Cultural Organization (UNESCO) proclaimed the
4 Garifuna language, dance and music as a
5 'Masterpiece of the Oral and Intangible Heritage
6 of Humanity'; in celebration of the
7 15th anniversary of the proclamation, we will
8 celebrate the Garifuna Music Awards, as well as
9 the 6th Annual Abrazo Garifuna in New York; and
10 "WHEREAS, Garifuna-American Heritage
11 Month provides an opportunity to recognize the
12 significance of their contributions to the
13 quality and character of life, and, through many
14 events and activities throughout the month, for
15 all people to gain a greater appreciation of
16 Garifuna history and traditions, and of the role
17 Garifuna-Americans have played and will continue
18 to play in our society; and
19 "WHEREAS, Today, New Yorkers of
20 Garifuna heritage such as Sara Logan, Rosemary
21 Ordonez Jenkins, Sulma Arzu-Brown, Aquina
22 Valentin, Mirtha Colon, Eleanor Cecelia
23 Castillo-Bullock, Mariano Martinez, James Lovell,
24 Rosita Alvarez, Paula Castillo, Esly Guity,
25 Martin Bermudez, Edson Arzu and Jose Francisco
1113
1 Avila, continue to recognize and honor the
2 cultural practices of their ancestors; now,
3 therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to memorialize
6 Governor Andrew M. Cuomo to declare March 11,
7 2016, to April 12, 2016, as Garifuna-American
8 Heritage Month in the State of New York; and be
9 it further
10 "RESOLVED, That a copy of this
11 resolution, suitably engrossed, be transmitted to
12 the Honorable Andrew M. Cuomo, Governor of the
13 State of New York."
14 ACTING PRESIDENT CROCI: Senator
15 Díaz.
16 SENATOR DÍAZ: Thank you,
17 Mr. President.
18 Ladies and gentlemen, members of
19 this distinguished body, today is a very, very
20 special day. Today I'm honored to be the sponsor
21 of this great resolution and of the sixth annual
22 celebration of Garifuna-American Heritage Month
23 in the New York State Senate.
24 Today I'm honored also to have the
25 opportunity and privilege granted to me by the
1114
1 distinguished leaders of the Senate, the
2 Honorable Senator John Flanagan, Senator Andrea
3 Stewart-Cousins, and the Secretary of the Senate,
4 Mr. Frank Patience, and all the members of this
5 chamber, because they have allowed me to
6 introduce this resolution.
7 Mr. President and members of the
8 Senate, ladies and gentlemen, I would like to
9 welcome the delegation from the Garifuna
10 community who are sitting up there in the
11 gallery. All those Garifuna are there.
12 (Applause.)
13 SENATOR DÍAZ: This delegation is
14 presided by Mr. Jose Francisco Avila, president
15 of the Garifuna Coalition, USA, who has joined us
16 in the Senate chamber today --
17 (Applause.)
18 SENATOR DÍAZ: -- along with Sara
19 Logan, Barbara Lopez, Thurito Martinez, who is my
20 adopted son --
21 (Laughter; applause.)
22 SENATOR DÍAZ: -- Felix Gamboa, the
23 Reverend Andrew Nuñez, senior pastor of the
24 Believer's Mennonite Garifuna Ministry.
25 (Applause.)
1115
1 SENATOR DÍAZ: And, Mr. President,
2 they also are joined by Mr. Candido Nuñez.
3 (Applause.)
4 SENATOR DÍAZ: Mr. President and
5 ladies and gentlemen, as you know, I'm not only a
6 Senator, I'm also a pastor and minister in Bronx,
7 New York. Mr. Candido Nuñez happened to come to
8 my church so many years ago when he was young.
9 Now he's a businessman and he's a New York City
10 fireman. And he's a member of the Garifuna
11 community.
12 And today, as a pastor and as a
13 Senator, I also welcome him to this chamber.
14 Let's give a hand to Candido Nuñez.
15 (Applause.)
16 SENATOR DÍAZ: Mr. President,
17 ladies and gentlemen, you should also know that
18 this past Friday, March 11th, at the Maestro's
19 Caterers Restaurant in the Bronx, the Garifuna
20 community was honored in a banquet coordinated by
21 Assemblymembers Luis Sepulveda, Marcos Crespo,
22 Michael Blake, New York City Councilmember Rafael
23 Salamanca, and myself.
24 That banquet, called Abrazo
25 Garifuna, was attended by more than 600 members
1116
1 of the Garifuna community.
2 (Applause from gallery.)
3 SENATOR DÍAZ: And it is important,
4 ladies and gentlemen, for you to know that the
5 Garifuna community has been an integral part of
6 New York City and especially of Bronx County for
7 more than 80 years. It is also important to know
8 that the Garifuna has been coming to the United
9 States of America in search of a better life
10 since 1930. Their vitality, their talent, and
11 their commitment constitute tremendous resources
12 for our state and our city.
13 But, ladies and gentlemen,
14 Mr. President and my fellow Senators, you should
15 know that it took a tragic event, a fire that
16 took the lives of 87 people -- a fire that took
17 the lives of 87 people -- for the government
18 institutions to start paying attention to this
19 community. This year we commemorate the 26th
20 anniversary of that tragic fire.
21 On March 25, 1990, a social club
22 known as the Happy Land was set on fire, causing
23 the death of many people and inflicting
24 tremendous pain and suffering to the rest of the
25 Garifuna community throughout the State of
1117
1 New York and throughout the world.
2 Today, as the State Senator
3 representing the 32nd Senatorial District, the
4 best senatorial district in the whole state of
5 New York -- and I represent that district -- it's
6 an honor and a privilege for me to have this huge
7 delegation of Garifuna joining us in the Senate
8 gallery.
9 To you, my colleagues, members of
10 the Senate, and all staff, I would like to let
11 you know that Assemblymember Marcos Crespo, Luis
12 Sepulveda, Michael Blake and myself would like to
13 invite you today after session to the Albany Room
14 for a celebration in honor of the Garifuna
15 community. And you will have -- you will come
16 and you will see the culture of the Garifuna
17 community, the way they dance, the way they play
18 congas and drums. Today you are invited to come
19 and see and watch.
20 In closing, I want to say to the
21 Garifuna delegation, thank you for accepting my
22 invitation. "Buiti achúlurini. Seremein
23 bini-noun búnguio."
24 (Applause, cheers from gallery.)
25 ACTING PRESIDENT CROCI: Senator
1118
1 Serrano.
2 SENATOR DÍAZ: This is Senator
3 Díaz, and this is what you should know.
4 (Laughter; applause.)
5 ACTING PRESIDENT CROCI: Senator
6 Serrano.
7 SENATOR SERRANO: Thank you very
8 much, Mr. President.
9 Senator Díaz, when you bring the
10 Garifuna community here to Albany, you bring
11 sunshine to this chamber. And I want to thank
12 you for once again making this celebration -- and
13 honoring this wonderful community -- a reality
14 for all of us to enjoy.
15 You know, one of the amazing things
16 about living in a place like New York City, or
17 indeed anywhere in the State of New York, is that
18 you have the opportunity to live in a diverse
19 community unlike no other in the world. People
20 come from all over the world to live in New York
21 City, to live in the Bronx, because they know
22 that our diversity brings together a wealth of
23 talent, a wealth of opportunity, and a belief in
24 the cultural fabric and heritage that is unique
25 to our community, to these areas.
1119
1 So when Senator Díaz honors the
2 Garifuna community, we get an opportunity to
3 learn about Latin America, how many of us who are
4 from Latin America came to be, how the different
5 cultures from Africa, from Europe, from Central
6 America, from the islands of the Caribbean, came
7 together to form its own unique, its own
8 beautiful and wonderful culture.
9 So I think it's so important that we
10 pause to honor that. Oftentimes we get caught up
11 in the work that we do -- especially around this
12 time, we're focusing so much on the budget, and
13 that's important. But it's also important to not
14 lose sight of the fact that we live in one of the
15 most culturally diverse places anywhere the
16 world, and our nation is stronger because of it.
17 Thank you.
18 (Applause.)
19 ACTING PRESIDENT CROCI: Senator
20 Rivera.
21 SENATOR RIVERA: Thank you,
22 Mr. President.
23 Welcome. I unfortunately do not
24 have a Garifuna phrase for you. (In Spanish.)
25 At least I can say that.
1120
1 (Applause.)
2 SENATOR RIVERA: The point that
3 Senator Serrano made is very important, and I
4 think it needs to be reiterated. One of the
5 great things about living in the City of New York
6 and certainly in the Bronx is the diverse
7 population. All these different folks that we
8 meet from all around the world.
9 In the case of the Garifuna
10 community, I have the great pleasure and
11 privilege of representing many of them in my
12 district. Many of the locations that actually
13 were mentioned in Senator Díaz's speech,
14 including where Happy Land used to be, are in my
15 district. And a lot of these folks live in my
16 district and have proven to be great friends of
17 mine.
18 And I only learned of the Garifuna
19 people after I became a Senator and I started to
20 look at all the diversity in my district and
21 learning about who they are, how proud they are
22 of their heritage, how active, what a civically
23 minded folk that they are.
24 So I'm incredibly privileged to have
25 them as residents. I'm incredibly proud to call
1121
1 many of them my friends. And I will only point
2 out that that gentleman in the corner there, we
3 have a -- there's a parade that happens in the
4 Bronx every year, a Central American parade, and
5 many of us are marching in the front. And this
6 gentleman is the one that's responsible for
7 making sure that we are in a line and very
8 organized. And I will be happy to report to him
9 that I just try never to do that, try to be in a
10 line a little bit in the front and a little bit
11 in the back, and it drives him a little bit
12 crazy. But it's just one of the things that we
13 do with our friends.
14 So I'm very happy to welcome you
15 here to Albany. May you be here -- I hope that
16 you come back many times. And I'm looking
17 forward to not only that parade but certainly
18 working with the rest of you to continue to make
19 the Bronx a little bit better every single day.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CROCI: Senator
22 Hamilton.
23 SENATOR HAMILTON: Good afternoon.
24 Good afternoon.
25 I just want to thank Senator Díaz
1122
1 for having this resolution for the Garifuna
2 people. The Garifuna people -- thank you,
3 Senator Díaz for having them here today.
4 I just want to say a dear friend of
5 mine who is Garifuna is Vilma Zuniga. I'm not
6 sure if you know her. Vilma's very active in the
7 Garifuna community, and she exposed me to the
8 cultural aspects for the Garifuna community, for
9 their food, their music, and the language.
10 And the Garifuna people are proud
11 people, they're hardworking people, and they are
12 part of the American fabric.
13 I want to thank Pastor Nuñez for
14 giving the invocation this afternoon and also
15 acknowledge Graciela Pitillo, the secretary for
16 the Garifuna Guatemalan women's organization and
17 say thank you all to the Garifuna women.
18 (Applause.)
19 SENATOR HAMILTON: And thank you
20 for coming here today. I look forward to having
21 some good food, music and dance later on. And I
22 say thank you. "Seremein. Seremein."
23 (Applause.)
24 ACTING PRESIDENT CROCI: The
25 question is on the resolution. All in favor
1123
1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT CROCI: Opposed,
4 nay.
5 (No response.)
6 ACTING PRESIDENT CROCI: The
7 resolution is adopted.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, Senator
10 Díaz would like to open this up for cosponsorship
11 as well.
12 ACTING PRESIDENT CROCI: The
13 Resolution is open for cosponsorship. If you do
14 not wish to be a cosponsor, please notify the
15 desk.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: If we can now
18 take up Resolution 3529, by Senator Klein. Read
19 the title only.
20 ACTING PRESIDENT CROCI: The
21 Secretary will read the title only.
22 THE SECRETARY: Legislative
23 Resolution Number 3529, by Senator Klein,
24 memorializing Governor Andrew M. Cuomo to
25 proclaim April 24, 2016, as Irish Republic Day in
1124
1 the State of New York, in remembrance of the
2 1916 Easter Rising, and commemorating its
3 100th anniversary.
4 SENATOR DeFRANCISCO: Could you
5 please open that up for cosponsorship as well.
6 ACTING PRESIDENT CROCI: The
7 resolution is also open for cosponsorship. If
8 you do not wish to be a cosponsor, please notify
9 the desk.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Could we now
12 take up Resolution 4190, by Senator Hannon, and
13 read the title only.
14 ACTING PRESIDENT CROCI: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 Resolution Number 4190, by Senator Hannon,
18 memorializing Governor Andrew M. Cuomo to
19 proclaim May 8-14, 2016, as Women's Health Week
20 in the State of New York, in conjunction with the
21 observance of National Women's Health Week.
22 SENATOR DeFRANCISCO: Could you
23 please open that up for cosponsorship as well.
24 ACTING PRESIDENT CROCI: The
25 resolution will be open for cosponsorship. If
1125
1 you do not wish to be a cosponsor, please notify
2 the desk.
3 SENATOR DeFRANCISCO: And I think
4 we have to vote on that.
5 ACTING PRESIDENT CROCI: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT CROCI: Opposed,
10 nay.
11 (No response.)
12 ACTING PRESIDENT CROCI: The
13 resolution is adopted.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Next can you
16 please take up Resolution Number 4325, by Senator
17 Comrie, read it in its entirety, and call on
18 Senator Comrie.
19 ACTING PRESIDENT CROCI: The
20 Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution Number 4325, by Senator Comrie,
23 mourning the death of the Honorable Barbara M.
24 Clark, the New York State Assemblywoman of the
25 33rd Assembly District, distinguished citizen and
1126
1 devoted member of her community.
2 "WHEREAS, It is the custom of this
3 Legislative Body to mourn publicly the death of
4 certain prominent individuals whose valued
5 contributions to their community, their
6 profession, served to enhance the quality of life
7 in the State of New York; and
8 "WHEREAS, With feelings of deepest
9 regret, this Legislative Body must record the
10 passing of one of New York State's most
11 distinguished citizens, the Honorable Barbara
12 Marlene Clark, who died on Monday, February 22,
13 2016, at the age of 76; and
14 "WHEREAS, Barbara M. Clark was born
15 on June 12, 1939, in Beckley, West Virginia; she
16 was first elected to the New York State Assembly
17 in November of 1986, representing the
18 constituents of the 33rd Assembly District in
19 Queens, New York; and
20 "WHEREAS, Assemblywoman Barbara M.
21 Clark served as a tireless advocate for the needs
22 of children, families and the elderly; her warm
23 spirit and her firm belief that we all have a
24 responsibility to defend the well-being of our
25 fellow citizens will be remembered by many; and
1127
1 "WHEREAS, An effective leader in
2 education reform, daycare and community
3 development, Assemblywoman Barbara M. Clark
4 devoted much of her time to creating
5 institutions, policies, and programs, all
6 designed to foster stability and growth within
7 the 33rd Assembly District; and
8 "WHEREAS, As a leading advocate for
9 parents having a statutory role in education
10 policy making, Assemblywoman Barbara M. Clark was
11 a primary sponsor of the 1996 New York City
12 School Governance Law, which mandates parental
13 involvement in decision making; and
14 "WHEREAS, She has been unrelenting
15 in her battle to change New York State's
16 inadequate and inequitable school finance system
17 and was an early supporter of the Campaign for
18 Fiscal Equity (CFE) v. State of New York lawsuit
19 which helped bring such inequities to the
20 forefront; and
21 "WHEREAS, Assemblywoman Barbara M.
22 Clark continuously advocated for a better quality
23 of life for senior citizens in the State of
24 New York; she promoted legislation to safeguard
25 seniors from financial exploitation,
1128
1 telemarketing fraud and predatory lending; she
2 also focused on safety, environmental,
3 transportation and land zoning issues; and
4 "WHEREAS, Assemblywoman Barbara M.
5 Clark, throughout her legislative career, held a
6 variety of important positions, including
7 assistant majority whip, a member of the Majority
8 Steering Committee, served on the Health Budget
9 Conference Committee, and chair of the Education
10 Committee of the New York State Black, Puerto
11 Rican, Hispanic and Asian Legislative Caucus;
12 furthermore, she chaired the Assembly Standing
13 Committees on Aging, State and Federal Relations
14 and the New York State Legislative Women's
15 Caucus, a bipartisan organization of women
16 legislators from both the Senate and the
17 Assembly; and
18 "WHEREAS, On the national level,
19 Assemblywoman Barbara M. Clark served as vice
20 chair of the National Conference of State
21 Legislators' (NCSL) Education, Labor and Job
22 Training Committee, and member of both the Human
23 Services Committee and the Education Partners;
24 and
25 "WHEREAS, Predeceased by her
1129
1 daughter, Jan, the Honorable Barbara M. Clark is
2 survived by her husband, Thomas Clark, Jr.; three
3 children, Crystal, Thomas III, and Brian; and two
4 granddaughters, Taylor and Lauren; and
5 "WHEREAS, A woman of great
6 compassion and sensitivity, Assemblywoman Barbara
7 M. Clark's legacy extends far beyond her
8 accomplishments as a successful public servant;
9 her sincere concern for others, her integrity,
10 unconditional friendship and selfless motivation
11 to give of herself will long stand as a beacon
12 for those who would aspire to service in their
13 community; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to mourn the
16 death of the Honorable Barbara M. Clark, New York
17 State Assemblywoman of the 33rd Assembly
18 District, recognizing the significance of her
19 exemplary record of public service; and be it
20 further
21 "RESOLVED, That a copy of this
22 resolution, suitably engrossed, be transmitted to
23 the family of the Honorable Barbara M. Clark."
24 ACTING PRESIDENT CROCI: Senator
25 Comrie.
1130
1 SENATOR COMRIE: Thank you,
2 Mr. President.
3 I want to thank all of the
4 legislators and staff and all of the people that
5 have reached out to myself and to the Clark
6 family. Barbara Clark left us too soon on
7 February 22nd of this year.
8 You've heard the extensive obituary
9 that was read of her. I just want to bring up
10 one correction {referring to an earlier version
11 of the resolution read by the Secretary}. She's
12 only survived by three children. Her daughter
13 Jan, her first child, unfortunately passed away
14 about a year ago. And I think most of us feel
15 that the loss of her daughter to cancer, as well
16 as Barbara to cancer, tilted her over to the fact
17 that she didn't want to fight anymore.
18 But Barbara Clark was a natural-born
19 fighter. Coming out of coal country in Beckley,
20 West Virginia, she was able to bring herself and
21 her fiance, her childhood sweetheart, Thomas
22 Clark -- the Clark and the Debarry families moved
23 to New York together in 1961 and to Cambria
24 Heights in 1969.
25 Barbara was elected to the Assembly
1131
1 after working as a student advocate, a child
2 advocate, working as a security guard, a school
3 safety supervisor and a youth coordinator for the
4 New York City Division of Youth Services. She
5 ran as an insurgent. She beat the county
6 candidate. By working and by having a reputation
7 in the community for working with parents and
8 working with students, she was able to run as an
9 insurgent, start her own club, develop her own
10 base, and become a New York State Assemblymember.
11 She came here as an advocate for
12 children and families. She came here as an
13 advocate to try to change education. Her
14 children went all through public education,
15 through public schools, and she was determined to
16 make sure that the schools in her community would
17 be the best that they could be.
18 Barbara was tireless in her attitude
19 and focus. There was never a meeting that you
20 could go to and you would not see Barbara be the
21 last person to leave the room, the last person to
22 argue with whoever was there on points and issues
23 and policy, determined to make sure that
24 everybody understood her feelings, her concerns
25 and her issues.
1132
1 Barbara stood in the Assembly and
2 was one of the few people to try to challenge
3 leadership when she first got to the Assembly,
4 and paid a heavy price for her leadership to
5 stand fast. Even when the ship had sailed and
6 the opportunity to change leadership had
7 diminished, she wanted to make her own individual
8 point that she was not happy about what was going
9 on and how people were being treated. She paid a
10 heavy price for that, but she was determined to
11 make sure that her voice was heard.
12 She took that opportunity also to
13 make sure that in education reform she was part
14 of the Campaign for Fiscal Equity, a 13-year
15 fight that is still going on, trying to make sure
16 that school funding is fair for schools.
17 Barbara did not hesitate to go deep
18 and go long on issues that she was concerned
19 about. She would not hesitate to go into details
20 and find out all of the nuances about any issue
21 that she cared about. Be it a local problem, be
22 it a zoning issue, be it any issue that she
23 thought needed to be delved into, Barbara and her
24 office would be the first to get the details,
25 first to get all of the facts, and the first to
1133
1 make sure that she knew and that everybody around
2 her knew exactly what was her concern, how she
3 would fight it, and how she would defend the
4 community.
5 Oftentimes it was Barbara herself
6 going to knock on a constituent's door when they
7 had a problem. Oftentimes it was Barbara herself
8 that would write the letters or make the
9 opportunities to ensure that people directly knew
10 how she felt about a constituent issue or how she
11 felt about policy.
12 Barbara was a person that I was
13 happy to have been tutored by and mentored by.
14 Even though I didn't support her originally when
15 she ran, she eventually forgave me, and by the
16 time I ran for office was one of the first to
17 support me in my run for City Council. And when
18 I told her I was running for State Senator, she
19 was the first elected official to tell me that
20 she would endorse my campaign.
21 You could depend on talking to
22 Barbara for days and days on an issue. If you
23 tried to get out of the room, she would block the
24 door, oftentimes, if she didn't get all of her
25 points across.
1134
1 She was truly a leader in our
2 community, she was truly understanding all of the
3 nuances of leadership and humility because she
4 never failed to do everything possible to show
5 people that she was willing to make sure that if
6 there was an issue to be done, she would do it
7 from A to B.
8 She will be missed in our community.
9 We are looking hard to try to figure out how to
10 find someone that can be a Barbara Clark that can
11 understand that you have to be humble as a
12 legislator, that you have to have a purpose, that
13 you have to be unrelenting in your focus, and
14 that you have to understand that in order to get
15 what you want, you have to have the preparation,
16 you have to take the time, you have to do the
17 research, and you have to be willing to push
18 uphill for many years before you can have
19 success, sometimes -- but to always do it with
20 style, with panache, and with tenacity.
21 I want to thank you, Mr. President,
22 and thank all of the members also. There are
23 over 40 members that have already agreed to sign
24 onto this resolution that have personally
25 expressed their concerns.
1135
1 And to the family, as I said, there
2 was one mistake in the record. She lost Jan, her
3 first daughter. And her mother, Ada Debarry, who
4 is an original fighter, is still alive and is
5 still with us. And I want to just also express
6 my condolences to a strong family and
7 congratulate them for their strength and dignity
8 during this time.
9 Thank you, Mr. President.
10 ACTING PRESIDENT CROCI: Senator
11 Hassell-Thompson.
12 SENATOR HASSELL-THOMPSON: Thank
13 you, Mr. President.
14 I rise to thank Senator Comrie for
15 not only this resolution but the words about a
16 woman that I came to know and to like, but more
17 importantly to respect tremendously for her work
18 here in the State Legislature.
19 Most of the points that I wanted to
20 cover have been covered. So I will just say to
21 you, Leroy, that I'm very grateful for your
22 knowledge of her and your opportunity for others
23 to hear what a good legislator really ought to be
24 about, and that's who Barbara Clark was.
25 I remember coming to the State
1136
1 Senate 17 years ago, and she was still very
2 vibrant and very excited about being in
3 government. And sometimes I look at some of my
4 colleagues, and they haven't been here nearly as
5 long and somehow they've lost the same verve.
6 But she never lost that. Even up until the last
7 days that she served, she continued to have a
8 tenacity that is to be compared to none.
9 But more than that, she stood her
10 ground. If she committed to something, you knew
11 she was totally committed. As Senator Comrie
12 said, she took a hard beating because she stood
13 up for what she thought was right. And she
14 thought that the leadership in the Assembly was
15 wrong, and she did not back down. There were a
16 lot of people that I know that had committed and
17 at the last minute they got back to safety. She
18 didn't run to safety. She took her punishment,
19 she accepted what came for the stance that she
20 took.
21 But as things were proven, she was
22 right. She was right. And she stood for what
23 was right. And I respected her so tremendously.
24 Even as I watched her be stripped of her
25 committees and whatever, it did not stop her from
1137
1 fighting for the people that she was elected to
2 serve. And she did it with such a dignity that
3 she was a role model for anyone who chose to pay
4 attention.
5 I was saddened when some of the
6 young women who have just come into the Assembly
7 said to me "We are losing all of our role
8 models." And I was deeply concerned when I
9 learned how ill she was and that she would not be
10 returning.
11 But I thank those of you who thought
12 it not robbery to stay and to listen to this
13 tribute to Barbara Clark. And I want to -- I'm
14 saddened by her loss, because the whole state has
15 lost a champion. The whole state has lost
16 someone who just believed that every child had a
17 right to be educated, who really fought very,
18 very hard to make sure that every school in every
19 district had the educational equipment, tools
20 that every child needed to succeed in this
21 society. And it did not matter to her what
22 district you came from, she believed that every
23 child in every district ought to be educated to
24 the fullest of their capacity.
25 And so she will be greatly missed,
1138
1 certainly by me. And those of good conscience
2 will miss the role modeling as well as the kind
3 of legislation that she pursued in the State
4 Legislature.
5 Thank you, Mr. President, for the
6 opportunity to add my tribute to a woman of
7 distinction.
8 ACTING PRESIDENT CROCI: Senator
9 Little.
10 SENATOR LITTLE: Thank you,
11 Mr. President.
12 I'd also like to thank Senator
13 Comrie for bringing this resolution honoring
14 Assemblywoman Barbara Clark to our chamber.
15 I first met Barbara when I entered
16 the Assembly in 1995. And I must say that she
17 was one of the friendliest and best legislators
18 that I encountered while I was in the Assembly.
19 She was so well spoken, she was so dedicated to
20 her family and to her community. But more than
21 that, she was totally dedicated to the children
22 of New York City especially, you can't deny that,
23 but really to every child.
24 And as Senator Hassell-Thompson
25 said, she was really and truly concerned that the
1139
1 children who were going to school in our state
2 were actually getting an education. And she was
3 not afraid to be critical of what was happening
4 or what wasn't right.
5 But I admired her very, very much,
6 and I felt very privileged to have known her.
7 And I certainly am saddened by her loss. She
8 was -- she was one to be remembered. She was a
9 lovely lady and a great legislator.
10 Thank you.
11 ACTING PRESIDENT CROCI: Senator
12 Robach.
13 SENATOR ROBACH: Yes,
14 Mr. President. Let me thank Senator Comrie for
15 the very fitting resolution.
16 And I would concur, Barbara Clark
17 certainly was somebody who was not only noted for
18 fighting for education for everybody, recognized
19 that education was the ladder up no matter where
20 you came from in this world and fought for young
21 and old alike.
22 And I would just add, on her record
23 side, before I get to a little personal story,
24 Barbara Clark also would not only take to task
25 anybody who disagreed with her, she stood up to
1140
1 leaders at a time when it was very, very rare in
2 this body or in the other house in particular,
3 for anybody to stand up to leaders. I might even
4 go so far to say she was ahead of the curve, and
5 she was right.
6 But on a personal note, I wanted to
7 just share -- I got the privilege in my Assembly
8 days to spend a lot of time on what we might call
9 quasi-social business things with Barbara. And
10 oftentimes, whether we would go to New York City
11 for the Intrepid Museum or Cooperstown for the
12 induction, I would take my children, who were
13 very, very young, and they loved Barbara and Tom
14 Clark.
15 To put it mildly, Barbara loved
16 life. She liked snacks, and so did my children.
17 And if Tom and Barbara went to get ice cream
18 cones, she brought them back for my kids. Any
19 time we ate at a restaurant, if I said to my
20 kids, "You don't need a milk shake," she would
21 say, "Come on, we're on vacation, let them have
22 the milk shake." So even to this day, though my
23 children are late twenties, they still talk about
24 Barbara Clark's warmth.
25 And that was the kind of person she
1141
1 was. She really loved all kinds of people. And
2 I think that's what I will remember about her.
3 She was not only a great legislator but she was
4 really a warm and great human being and was a
5 fighter, but also was a lover of all things good.
6 And to her family, I just want to
7 say there's many, many people and our families
8 that appreciated their input and getting to know
9 the Clarks. She definitely made a mark on not
10 only New York City, but Albany and people across
11 the state.
12 May she rest in peace.
13 ACTING PRESIDENT CROCI: Senator
14 Stavisky.
15 SENATOR STAVISKY: Thank you,
16 Mr. President.
17 And thank you, Senator Comrie, for
18 explaining the real Barbara Clark.
19 Barbara and I have known -- knew
20 each other -- I hate to use the past tense.
21 Barbara and I knew each other for many years. We
22 stayed at the same hotel, we had dinner together
23 quite often. And she would be the last one to
24 come to dinner because she stayed at the
25 Democratic conference until everybody had left.
1142
1 She actually sat through every meeting of the
2 Democratic conference in the Assembly until it
3 was over, because she wanted to learn about
4 everything that was going on throughout the
5 state.
6 She was especially proud of her
7 family -- her mother, who was very -- is still
8 very active in the community, on the board of
9 Queens Hospital Center. When she was honored, I
10 was proud to be there -- her son, her daughters.
11 She would describe growing up in Beckley, West
12 Virginia, and how difficult it was. And when she
13 and Tom got married, they -- he was in the
14 service, they came back to New York, and Barbara
15 became active in community affairs, particularly
16 education.
17 And there's no doubt that Andrew
18 Jackson is a good school today because of Barbara
19 Clark, for everything that she did at Andrew
20 Jackson.
21 But her family was important. But
22 the issues were important to her. She was
23 concerned about so many, many areas. And she
24 enjoyed learning, she enjoyed explaining things.
25 And rarely do you see somebody whom you can say
1143
1 is a good person. I never heard Barbara say
2 anything mean about anybody.
3 And if you take a look at the
4 pictures that appeared in the newspapers after
5 she passed away, there's a smile in every
6 picture. Because Barbara was always smiling.
7 She was upbeat. She enjoyed food. We used to
8 occasionally -- she had a favorite restaurant on
9 the other side of the river, and we would go over
10 there and have some soul food. She was always
11 happy.
12 And her daughter spoke at her
13 funeral. And again, you could see the genes
14 there. The daughter spoke in the same up -- it's
15 as though her daughter was making everybody else
16 feel good, the way Barbara made everybody feel
17 good.
18 So I thank Senator Comrie. And the
19 fact that people on both sides of the aisle spoke
20 today I think is a testimony to Barbara's
21 goodness and decency and hope for the future.
22 Thank you, Mr. President.
23 ACTING PRESIDENT CROCI: The
24 question is on the resolution. All in favor
25 please signify by saying aye.
1144
1 (Response of "Aye.")
2 ACTING PRESIDENT CROCI: Opposed,
3 nay.
4 (No response.)
5 ACTING PRESIDENT CROCI: The
6 resolution is adopted.
7 Senator Marchione.
8 SENATOR MARCHIONE: Senator Comrie
9 would like to open the resolution up for
10 cosponsorship. Can we please place everyone on
11 as a cosponsor. If someone does not wish to be a
12 cosponsor, they should notify the disk.
13 ACTING PRESIDENT CROCI: The
14 resolution is open for cosponsorship. If you do
15 not wish to be a cosponsor, please notify the
16 desk.
17 Senator Marchione.
18 SENATOR MARCHIONE: I believe
19 there's a resolution by Senator Hassell-Thompson,
20 4306, at the desk. I ask that the title be read
21 only and ask for its immediate adoption, and call
22 on Senator Hassell-Thompson.
23 ACTING PRESIDENT CROCI: The
24 Secretary will read.
25 THE SECRETARY: Legislative
1145
1 Resolution Number 4306, by Senator
2 Hassell-Thompson, recognizing Thursday, March 10,
3 2016, as Harriet Tubman Day.
4 ACTING PRESIDENT CROCI: Senator
5 Hassell-Thompson.
6 SENATOR HASSELL-THOMPSON: Thank
7 you again, Mr. President.
8 I rise to pay tribute to Harriet
9 Tubman. I'm sorry that the resolution was not
10 read in its entirety. But certainly just a few
11 words for those who may not know who Harriet
12 Tubman was.
13 She was a person who herself was
14 held in captivity and bound in unpaid,
15 back-breaking labor from the time of her birth
16 until she was able to escape. When she managed
17 to escape that life, in her turn she was able to
18 free others who were still trapped in that
19 situation.
20 She made 19 trips back and forth to
21 the South and succeeded in rescuing over 300
22 slaves, using the Underground Railroad. She
23 chose to sacrifice her life and freedom each time
24 she returned to liberate a group of slaves.
25 Not only did she secretly free
1146
1 hundreds of slaves, but she worked as a nurse as
2 well as a spy and a scout for the Union Army
3 during the American Civil War.
4 In the Combahee River raid, she was
5 able to lead 150 black Union soldiers, and
6 between them they freed 700 South Carolina slaves
7 in one day.
8 After the Civil War, she came north
9 and she worked alongside Susan B. Anthony to
10 promote women's suffrage.
11 Tubman acted in the shadows to save
12 her fellow human beings from the torment that she
13 endured. Therefore, this resolution is to pay
14 tribute to her for her commitment and
15 extraordinary courage, which led to the freedom
16 of thousands of slaves, risking her own freedom
17 and safety to protect that of others.
18 She said once "I freed a thousand
19 slaves. I could have freed a thousand more if
20 only they had known they were slaves."
21 She also said: "Every great dream
22 begins with a dreamer. Remember always you have
23 within you the strength, the patience and the
24 passion to reach for the stars and to change the
25 world."
1147
1 Thank you, Mr. President.
2 ACTING PRESIDENT CROCI: Senator
3 Montgomery.
4 SENATOR MONTGOMERY: Thank you,
5 Mr. President.
6 I rise to thank Senator
7 Hassell-Thompson for introducing this resolution.
8 It is very befitting that we celebrate a woman of
9 the stature of Harriet Tubman. Certainly we
10 stand on her shoulders. She was one of those
11 women who in the way of saying "Ain't I a woman
12 too." Even though she had to fulfill all of the
13 roles that were in those days allocated
14 specifically to slaves and to slave women in
15 particular, she became, for many of us, a soldier
16 in an army to free her people.
17 And for that, we must never forget
18 her role and what she meant and who she was in
19 our history, in the history of America, in the
20 history of American people in America, and for
21 the history of women.
22 And in fact, we now have what we
23 hope to become a major museum in the western part
24 of our state that will be dedicated to her life
25 and her activities as a person who was part of
1148
1 the Underground Railroad movement, which is very
2 much a part of New York State's history, and it
3 was in fact -- it will be on land that was, I
4 believe, given to her by a former Secretary of
5 State, William Seward, who resided also in
6 upstate New York. So we will all have a monument
7 to the legacy and the activities and the life of
8 Harriet Tubman.
9 So again, thank you, Senator
10 Hassell-Thompson.
11 And thank you, Mr. President.
12 ACTING PRESIDENT CROCI: The
13 question is on the resolution. All in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT CROCI: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT CROCI: The
20 resolution is adopted.
21 Senator Marchione.
22 SENATOR MARCHIONE: Senator
23 Hassell-Thompson would like to open this
24 resolution for cosponsorship. So if we could
25 place everyone on as a cosponsor. If someone
1149
1 does not wish to be a cosponsor, they should
2 notify the desk.
3 ACTING PRESIDENT CROCI: The
4 resolution is open for cosponsorship. If you do
5 not wish to be a cosponsor, please notify the
6 desk.
7 Senator Marchione.
8 SENATOR MARCHIONE: I believe
9 there's a resolution by Senator Serrano, Number
10 4312, at the desk. I ask that the title be read
11 only and ask for its immediate adoption, and call
12 on Senator Serrano.
13 ACTING PRESIDENT CROCI: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 4312, by Senator Serrano,
17 memorializing Governor Andrew M. Cuomo to declare
18 8:30 p.m. to 9:30 p.m. on Saturday, March 19,
19 2016, as Earth Hour in the State of New York.
20 ACTING PRESIDENT CROCI: Senator
21 Serrano.
22 SENATOR SERRANO: Thank you,
23 Mr. President.
24 This is a resolution that I put
25 forth every year, and I think by now many of my
1150
1 colleagues are well aware of the importance of
2 Earth Hour. It's an hour where we turn off all
3 of our lights and nonessential electronics. And
4 we do a tremendous amount of benefit on the issue
5 of global climate change.
6 So now this year Earth Hour is
7 happening this Saturday, March 19th, from 8:30 to
8 9:30 p.m. So we're asking everyone to turn off
9 their switches and conserve electricity and
10 conserve energy as much as possible.
11 Now, many might say that this is
12 just a symbolic gesture. But this is a worldwide
13 phenomenon, and it has a very positive effect in
14 many countries. So from the Empire State
15 Building in New York to the Eiffel Tower in Paris
16 to places Dubai and Sydney, Australia, there will
17 be this worldwide effort to turn off electricity.
18 And folks make it into a big party.
19 If you follow it on social media, you will see a
20 lot of discussion about Earth Hour on the days
21 leading up to it and people have a lot of fun
22 turning off their lights and being part of a
23 worldwide movement to take back our environment,
24 take back our climate.
25 So a couple of facts. Last year 172
1151
1 countries and territories worldwide and over
2 10,000 iconic landmarks -- including ones here,
3 like the Empire State Building, as I mentioned
4 earlier, Niagara Falls, the Chrysler Building --
5 turned off their lights to help make Earth Hour
6 the world's largest grassroots movement for the
7 environment.
8 In addition to the symbolic display
9 of Earth Hour, a 2014 study found that in
10 10 countries, spanning six years, Earth Hour
11 events reduced electricity consumption an average
12 of 4 percent. Now, that's just one hour. So
13 imagine if this was something that we did on a
14 regular basis.
15 And I want to make sure people know
16 that you're not limited to this one hour this
17 coming Saturday night. If you miss it, there
18 will be any opportunity you want to help make a
19 dent in global climate change.
20 And make it a habit to use less, to
21 consume less, to be aware of your carbon
22 footprint, to be aware of products that you're
23 using and how they will affect the environment.
24 Think about modes of transportation that you're
25 using. These are all the little things that,
1152
1 when they all come together and you have millions
2 of people participating in a very concerted way,
3 you can have a lasting, positive effect on the
4 environment.
5 So this resolution will ask the
6 Governor to memorialize Earth Hour this coming
7 Saturday. I would like to open up this
8 resolution for cosponsorship for all my
9 colleagues, and I hope everyone supports it.
10 Thank you.
11 ACTING PRESIDENT CROCI: The
12 question is on the resolution. All in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT CROCI: Opposed,
16 nay.
17 (No response.)
18 ACTING PRESIDENT CROCI: The
19 resolution is adopted.
20 Senator Marchione.
21 SENATOR MARCHIONE: It's open for
22 cosponsorship, as the Senator had asked while he
23 spoke.
24 ACTING PRESIDENT CROCI: The
25 resolution is open for cosponsorship. If you do
1153
1 not wish to be a cosponsor, please notify the
2 desk.
3 Senator Marchione.
4 SENATOR MARCHIONE: There is no
5 further business, so I move for adjournment until
6 Wednesday, March 16th, at 11:00 a.m.
7 ACTING PRESIDENT CROCI: On motion,
8 the Senate stands adjourned until Wednesday,
9 March 16th, at 11:00 a.m.
10 (Whereupon, at 4:38 p.m., the Senate
11 adjourned.)
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