Regular Session - March 21, 2016

                                                                   1248

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 21, 2016

11                     3:36 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1249

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

 2                THE PRESIDENT:   The Senate will 

 3   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                THE PRESIDENT:   In the absence of 

10   clergy, may we please bow our heads in a moment 

11   of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                THE PRESIDENT:   Thank you.

15                The reading of the Journal.

16                THE SECRETARY:   In Senate, Sunday, 

17   March 20th, the Senate met pursuant to 

18   adjournment.  The Journal of Saturday, 

19   March 19th, was read and approved.  On motion, 

20   Senate adjourned.

21                THE PRESIDENT:   Without objection, 

22   the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               1250

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Madam 

 8   President, on page 9 I offer the following 

 9   amendments to Calendar Number 128, Senate Print 

10   2682, by Senator Robach, and ask that said bill 

11   retain its place on the Third Reading Calendar.

12                THE PRESIDENT:   So ordered.

13                SENATOR DeFRANCISCO:   Also on 

14   page 9, I offer the following amendments to 

15   Calendar Number 127, Senate Print 1965, by 

16   Senator Robach, and ask that said bill retain 

17   its place on third reading.

18                THE PRESIDENT:   So ordered.

19                SENATOR DeFRANCISCO:   And finally, 

20   on page 22 I offer the following amendments to 

21   Calendar 359, Senate Print Number 3048A, by 

22   Senator Ortt, and ask that said bill retain its 

23   place on the Third Reading Calendar.

24                THE PRESIDENT:   So ordered.

25                SENATOR DeFRANCISCO:   Madam 


                                                               1251

 1   President, could you please take up the 

 2   noncontroversial reading.

 3                THE PRESIDENT:   May we please have 

 4   the noncontroversial reading of the calendar.

 5                THE SECRETARY:   Calendar Number 

 6   115, by Senator Ortt, Senate Print 3115, an act 

 7   relating to authorizing.

 8                THE PRESIDENT:   There is a 

 9   home-rule message at the desk.

10                The Secretary will read the last 

11   section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                THE PRESIDENT:   Call the roll.

15                (The Secretary called the roll.)

16                THE PRESIDENT:  Read the last 

17   section.

18                THE SECRETARY:   Ayes, 50.

19                THE PRESIDENT:   The bill is 

20   passed.

21                THE SECRETARY:   Calendar Number 

22   122, by Senator Martins, Senate Print 241, an 

23   act to amend the Vehicle and Traffic Law.

24                THE PRESIDENT:   Read the last 

25   section.


                                                               1252

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 90th day.

 3                THE PRESIDENT:  Call the roll.

 4                (The Secretary called the roll.)

 5                THE PRESIDENT:   Announce the 

 6   result.

 7                THE SECRETARY:   Ayes, 50.

 8                THE PRESIDENT:   The bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   139, by Senator Lanza, Senate Print 3480, an act 

11   to amend the Penal Law.

12                THE PRESIDENT:   Read the last 

13   section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 30th day.

16                THE PRESIDENT:   Call the roll.

17                (The Secretary called the roll.)

18                THE PRESIDENT:   Announce the 

19   result.

20                THE SECRETARY:   Ayes, 51.

21                THE PRESIDENT:   The bill is passed.

22                THE SECRETARY:   Calendar Number 

23   141, by Senator Croci, Senate Print 4520, an act 

24   to amend the Penal Law.

25                THE PRESIDENT:   Read the last 


                                                               1253

 1   section.

 2                THE SECRETARY:   Section 2 --

 3                SENATOR DeFRANCISCO:   Please lay it 

 4   aside for the day.

 5                THE PRESIDENT:   Lay the bill aside 

 6   for the day.

 7                THE SECRETARY:   Calendar Number 

 8   170, by Senator LaValle, Senate Print 2928, an 

 9   act in relation to authorizing.

10                THE PRESIDENT:   There is a 

11   home-rule message at the desk.

12                The Secretary will read the last 

13   section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                THE PRESIDENT:   Call the roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 52.

19                THE PRESIDENT:   The bill is passed.  

20                THE SECRETARY:   Calendar Number 

21   202, by Senator Ranzenhofer, Senate Print 797, an 

22   act to amend the Vehicle and Traffic Law.

23                THE PRESIDENT:   Read the last 

24   section.

25                THE SECRETARY:   Section 2.  This 


                                                               1254

 1   act shall take effect on the first of November.

 2                THE PRESIDENT:   Call the roll.

 3                (The Secretary called the roll.)

 4                THE PRESIDENT:   Announce the 

 5   result.

 6                THE SECRETARY:  Ayes, 50.  Nays, 2.  

 7   Senators DeFrancisco and Perkins recorded in the 

 8   negative.

 9                THE PRESIDENT:   The bill is passed.

10                THE SECRETARY:   Calendar Number 

11   203, by Senator Golden, Senate Print 1452, an act 

12   to amend the Vehicle and Traffic Law.

13                THE PRESIDENT:   Read the last 

14   section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day.

17                THE PRESIDENT:   Call the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 52.

20                THE PRESIDENT:   The bill is passed.

21                THE SECRETARY:   Calendar Number 

22   205, by Senator Nozzolio, Senate Print 1584, an 

23   act to amend the Vehicle and Traffic Law.

24                THE PRESIDENT:   Read the last 

25   section.


                                                               1255

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of April.

 3                THE PRESIDENT:   Call the roll.

 4                (The Secretary called the roll.)

 5                THE PRESIDENT:   Senator Nozzolio to 

 6   explain his vote.

 7                SENATOR NOZZOLIO:   Thank you, Madam 

 8   President.  I ask permission to explain my vote.  

 9                Madam President, I thank my 

10   colleagues for supporting this measure, a measure 

11   that enhances and honors the veterans of our 

12   state by establishing a Veterans Remembrance 

13   License Plate, the proceeds of which, after the 

14   costs of developing the program and developing 

15   the plate itself, those excess costs will be 

16   provided to the Cemetery Fund for Veterans in 

17   this state.

18                It's a small token of our thanks and 

19   appreciation to the tremendous sacrifices made by 

20   our veterans.  The Veterans Cemetery program is a 

21   place of honor and distinction for our veterans.  

22   New York State, and this legislative body in 

23   particular, made the commitment to honor veterans 

24   through the Veterans Cemetery Remembrance Fund, 

25   and this measure helps additional monies go into 


                                                               1256

 1   that fund.  

 2                Thank you, Madam President.  I 

 3   strongly support this measure.

 4                THE PRESIDENT:   Senator Nozzolio 

 5   will be recorded in the affirmative.

 6                Announce the result.

 7                THE SECRETARY:   Ayes, 56.

 8                THE PRESIDENT:   The bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   206, by Senator Flanagan, Senate Print 2136, an 

11   act to amend the Vehicle and Traffic Law.

12                THE PRESIDENT:   Read the last 

13   section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 120th day.

16                THE PRESIDENT:   Call the roll.

17                (The Secretary called the roll.)

18                THE PRESIDENT:   Announce the 

19   result.

20                THE SECRETARY:   Ayes, 55.  Nays, 1.  

21   Senator Parker recorded in the negative.

22                THE PRESIDENT:   The bill is passed.

23                THE SECRETARY:   Calendar Number 

24   207, by Senator Flanagan, Senate Print 4220, an 

25   act to amend the Vehicle and Traffic Law.


                                                               1257

 1                THE PRESIDENT:   Read the last 

 2   section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the first of November.

 5                THE PRESIDENT:   Call the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 54.  Nays, 2.  

 8   Senators Montgomery and Perkins recorded in the 

 9   negative.

10                THE PRESIDENT:   The bill is passed.

11                THE SECRETARY:   Calendar Number 

12   217, by Senator Savino, Senate Print 3243A, an 

13   act to amend the Penal Law.

14                THE PRESIDENT:   Read the last 

15   section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 60th day.

18                THE PRESIDENT:   Call the roll.

19                (The Secretary called the roll.)

20                THE PRESIDENT:   Senator Savino.

21                SENATOR SAVINO:   Thank you, Madam 

22   President.

23                Four years ago I stood in front of a 

24   subway station with then-Public Advocate Bill de 

25   Blasio, who's now the current mayor of the City 


                                                               1258

 1   of New York.  He joined me and a member of the 

 2   Assembly, Mike Cusick, calling on the Legislature 

 3   to introduce legislation to create the penalty of 

 4   a felony of sexual abuse in the subway, of 

 5   forcible touching.  

 6                It was in response to a Court of 

 7   Appeals case where the Court of Appeals found 

 8   that their hands were tied, that the law did not 

 9   allow them to adequately punish some of these 

10   predators that were in our subway system preying 

11   on women, and young women in particular.  

12                We introduced that legislation; it 

13   has passed this house more than once.  

14   Unfortunately, it has not gotten through the 

15   Assembly.  Instead, the Assembly has continued to 

16   treat this crime trivially.  And in fact, they 

17   have maintained that the current penalties are 

18   sufficient.  

19                Well, since last year, the level of 

20   offenses in our subway system has risen 

21   33 percent.  And in fact, the sex crimes unit in 

22   the transit system has reached out to say we need 

23   to do more.  So we are again going to pass this 

24   bill today, and we're going to add a new crime as 

25   well, the crime of public lewdness in public 


                                                               1259

 1   transit.  

 2                We are seeing some of the worst 

 3   predators -- and I know there are young women in 

 4   the chamber today; hopefully they will never 

 5   experience this in our subway system.  But if you 

 6   are a young woman and you are riding in the 

 7   New York City subway system or on the buses, you 

 8   will encounter this every day.  You will see this 

 9   if you are locked in a train from station to 

10   station.  You may be physically touched, you may 

11   be forcibly touched, you may be exposed to 

12   someone who is exposing themselves to you, who is 

13   menacing you with his body parts exposed, who is 

14   threatening you.  And right now the law does not 

15   treat those predators as seriously as that threat 

16   is against you.

17                This piece of legislation will do 

18   that.  It is time for us to stop pretending that 

19   this is not serious.  These are not flashers in a 

20   trench coat, they're not hiding in the bushes.  

21   They are vicious sexual predators preying on 

22   women in our public transit system.  We must 

23   treat them as they are -- vicious sexual 

24   predators.  We need to send a message.  

25                The MTA has most recently, at their 


                                                               1260

 1   board meetings, said they are trying to figure 

 2   out how to prevent these people from ever riding 

 3   the subway again.  They're talking about banning 

 4   them from using public transportation.  That's 

 5   how serious they think this crime is.  It's time 

 6   that the New York State Legislature realizes how 

 7   serious it is.  

 8                I vote aye, Madam President.

 9                THE PRESIDENT:   Senator Savino to 

10   be recorded in the affirmative.

11                Announce the result.

12                THE SECRETARY:   In relation to 

13   Calendar 217, those recorded in the negative are 

14   Senators Dilan, Hamilton, Hassell-Thompson, 

15   Krueger, Montgomery, Parker, Peralta, Perkins and 

16   Sanders.  

17                Ayes, 50.  Nays, 9.

18                THE PRESIDENT:   The bill is passed.

19                THE SECRETARY:   Calendar Number 

20   300, by Senator Peralta, Senate Print 1250, an 

21   act to amend the Penal Law.

22                THE PRESIDENT:   Read the last 

23   section.

24                THE SECRETARY:   Section 8.  This 

25   act shall take effect on the first of November.


                                                               1261

 1                THE PRESIDENT:   Call the roll.

 2                (The Secretary called the roll.)

 3                THE PRESIDENT:  Announce the result.

 4                THE SECRETARY:   Ayes, 59.

 5                THE PRESIDENT:   The bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   357, by Senator Carlucci, Senate Print 6595, an 

 8   act to amend the Criminal Procedure Law.

 9                THE PRESIDENT:   Read the last 

10   section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                THE PRESIDENT:   Call the roll.

14                (The Secretary called the roll.)

15                THE PRESIDENT:   Senator Carlucci to 

16   explain your vote.

17                SENATOR RITCHIE:   Thank you, Madam 

18   President.  

19                I rise to support this very 

20   important legislation.  What this legislation 

21   would do would give every county throughout the 

22   State of New York the authority to implement and 

23   create problem-solving courts.  Problem-solving 

24   courts are not a new concept.  They've been 

25   around for some time.  Many of our municipalities 


                                                               1262

 1   may have drug courts or other types of courts.

 2                But what that does is gives another 

 3   tool to our district attorneys to refer 

 4   individuals to the appropriate court that they 

 5   might be able to get the most help from.  

 6                We've seen an increase throughout 

 7   the United States, throughout the state, of 

 8   district attorneys, of judges wanting to create 

 9   these courts.  Unfortunately, in New York State 

10   that's barred right now for our local courts.  

11                What this legislation would do is 

12   give the district attorney another tool, allow 

13   them to create these specialty courts where the 

14   judge is specially trained for a particular 

15   issue.  It could be a veterans court, mental 

16   health court, domestic violence court, youth 

17   court, homeless court.  

18                And as you can imagine, by having 

19   almost those wrap-around services, having a judge 

20   that's experienced on this issue, having other 

21   services that can help, we don't just treat the 

22   symptom, but we go after the problem.

23                What we've seen in studies where 

24   problem courts are in force, where individuals 

25   have the opportunity to go through them, we've 


                                                               1263

 1   seen a decrease of about 70 percent of the 

 2   recidivism rate.  So we're not only lowering the 

 3   incarceration rates, but we're getting people the 

 4   help, the treatment that they need to become 

 5   productive members of society and also increase 

 6   the quality of life of everyone living in the 

 7   community by lowering the chances of people 

 8   becoming victims.

 9                So I want to thank the District 

10   Attorneys Association of New York State for 

11   having the foresight of working with me to bring 

12   our laws into the 21st century, to give another 

13   tool to our judicial system to make sure that 

14   people are getting the treatment that they need.  

15                I enthusiastically support this 

16   legislation and will be voting aye and encourage 

17   my colleagues to do the same.

18                Thank you, Madam President.

19                THE PRESIDENT:   Senator Carlucci 

20   will be recorded in the affirmative.

21                Announce the result.

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

23   Senator DeFrancisco recorded in the negative.

24                THE PRESIDENT:   The bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1264

 1   377, by Senator Gallivan, Senate Print 404, an 

 2   act to amend the Penal Law.

 3                THE PRESIDENT:   Read the last 

 4   section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the first of November.

 7                THE PRESIDENT:   Call the roll.

 8                (The Secretary called the roll.)

 9                THE PRESIDENT:   Announce the 

10   result.

11                THE SECRETARY:   Ayes, 60.

12                THE PRESIDENT:   The bill is passed.

13                THE SECRETARY:   Calendar Number 

14   381, by Senator LaValle, Senate Print 1142, an 

15   act to amend the Penal Law.

16                THE PRESIDENT:   Read the last 

17   section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                THE PRESIDENT:   Call the roll.

21                (The Secretary called the roll.)

22                THE PRESIDENT:   Announce the 

23   result.

24                THE SECRETARY:   In relation to 

25   Calendar 381, those recorded in the negative are 


                                                               1265

 1   Senators Comrie, Croci, Griffo, Parker and 

 2   Perkins.

 3                Ayes, 55.  Nays, 5.

 4                THE PRESIDENT:   The bill is passed.

 5                Mr. Floor Leader, that completes the 

 6   noncontroversial reading of the calendar.

 7                SENATOR DeFRANCISCO:   Yes, Madam 

 8   President, could you go back to motions and 

 9   resolutions and please take up Resolution 3440, 

10   by myself and Senator Flanagan, and read the 

11   title only.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                The reso is not before the house at 

15   this point, Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   (Carrying 

17   resolution to desk.)  Not at the desk?  

18                (Laughter.)

19                ACTING PRESIDENT GRIFFO:   Just like 

20   Mercury did a long time ago.

21                Title only, is that the request, 

22   Senator DeFrancisco?  

23                SENATOR DeFRANCISCO:   Yes.

24                ACTING PRESIDENT GRIFFO:   The 

25   Secretary will read.


                                                               1266

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 3440, by Senators DeFrancisco 

 3   and Flanagan, honoring Vice Chancellor Anthony S. 

 4   Bottar for his 20 years of distinguished service 

 5   to the New York State Board of Regents.

 6                ACTING PRESIDENT GRIFFO:    

 7   Resolution for Vice Chair Bottar.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Thank you.  

10   I've got to do everything around here, even get 

11   the resolution to the desk.  I'm getting tired.

12                (Laughter.)

13                SENATOR DeFRANCISCO:   Anthony 

14   Bottar was on the Board of Regents, I think it's 

15   six terms.  But since I don't have the resolution 

16   in front of me, I'm going by memory.

17                But this is an outstanding citizen 

18   of Central New York who gave of his time for I 

19   believe it's 18 years as a Regent, in probably 

20   the most tumultuous time of all time to be on 

21   that board.  He handled everything with great 

22   reason, great respect, and also with great 

23   dignity.

24                Even before he was a Regent, he was 

25   a member of the local school board, actually the 


                                                               1267

 1   North Syracuse School Board, and served with 

 2   distinction there as well.  He's always been 

 3   involved in community service and education.  

 4                And I believe that the Board of 

 5   Regents has been diminished by him not asking to 

 6   be reappointed to the board.  But he should be 

 7   commended for his many, many years of outstanding 

 8   service in the field of education as a Board of 

 9   Regents member to the State of New York.

10                Thank you, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   I assume we 

14   have already passed that resolution?  

15                ACTING PRESIDENT GRIFFO:   This 

16   resolution has been previously adopted, Senator 

17   DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, I just 

19   wanted to make sure you knew that.

20                Now would you please take up 

21   previously adopted resolution --

22                ACTING PRESIDENT GRIFFO:   Senator 

23   DeFrancisco, you have another member that wishes 

24   to speak, if that's okay.

25                SENATOR DeFRANCISCO:   If it's 


                                                               1268

 1   Senator Valesky, yes.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Valesky.

 4                SENATOR VALESKY:   How could you 

 5   guess, Senator DeFrancisco?  

 6                I just want to thank Senators 

 7   DeFrancisco and Flanagan for this resolution and 

 8   definitely want to agree with the comments that 

 9   my colleague has just made.  Tony Bottar was a 

10   tremendous asset to the New York State Board of 

11   Regents the 20 years he served.  

12                And I had the great privilege and 

13   honor, when he was reappointed for what would be 

14   the last term, had the opportunity to second the 

15   nomination during that election process, I guess 

16   it would have been five years ago.

17                So the educational community will 

18   certainly miss his efforts in the Central 

19   New York judicial district, but I'm sure he will 

20   continue to be in close contact.  His passion for 

21   education and particularly children in Central 

22   New York is unmatched.  And we thank him for his 

23   service.

24                Thank you.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               1269

 1   you, Senator Valesky.

 2                And as noted, Senator DeFrancisco, 

 3   that resolution was passed previously on 

 4   January 26th, which was a Tuesday.

 5                SENATOR DeFRANCISCO:   Thank you.

 6                Now would you please take up 

 7   previously adopted Resolution 4298, by Senator 

 8   Flanagan, read the title only and recognize 

 9   Senator Flanagan.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 4298, by Senator Flanagan, 

14   honoring Dr. Merryl H. Tisch for her many years 

15   of distinguished service to the New York State 

16   Board of Regents.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Flanagan.

19                SENATOR FLANAGAN:   Thank you, 

20   Mr. President.  And I appreciate the opportunity  

21   to speak on this resolution.  

22                Let me add my voice to the voices of 

23   Senator DeFrancisco and Senator Valesky about 

24   Regent Bottar.  And I believe he is a gentleman 

25   in every sense of the word and served with 


                                                               1270

 1   distinction as a member of the Board of Regents.  

 2                And I would like to speak about 

 3   Merryl Tisch.  Merryl Tisch, I am fortunate to be 

 4   able to say that I'm one of her friends.  We 

 5   started out as colleagues, but became one of her 

 6   friends.  I think she and Regent Bottar and 

 7   people who serve as New York State Regents, it is 

 8   a very difficult job, as you all know.  The pay, 

 9   of course, is nonexistent, the hours are long, 

10   the challenges are great.  The rewards are many, 

11   particularly if you are dedicated and passionate, 

12   as many of these folks have been.  

13                I just want to single out Dr. Tisch 

14   for her work as a Regent, for her work as the 

15   Chancellor, for her passion and dedication and 

16   devotion to the great State of New York, to 

17   children all across the state.  Regent Tisch I 

18   know has come out to my area on a number of 

19   occasions.  

20                And she was Chancellor during a very 

21   tumultuous time.  I believe that she epitomizes 

22   what it means to be a lady, a leader, a fabulous 

23   public servant, and someone who cares very deeply 

24   about every child in every community across the 

25   State of New York.  


                                                               1271

 1                And I'll just close on this.  

 2   Probably the thing that I admire most about 

 3   Regent Tisch is her own dedication and devotion 

 4   and undying love for her family.  We were better 

 5   served while she was a Regent and Chancellor, and 

 6   she will certainly be missed.  But let me say 

 7   thank you to her from the bottom of my heart for 

 8   all her good work and service.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Flanagan.  

12                As noted, the resolution was 

13   previously adopted on March 15th of 2016.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   And we would 

16   offer each of those resolutions, for Mr. Bottar 

17   and Dr. Tisch, for cosponsorship.

18                ACTING PRESIDENT GRIFFO:   Both 

19   resolutions are open for cosponsorship.  Should 

20   you choose not to be a cosponsor, please notify 

21   the desk.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Now would you 

24   please go to Resolution Number 3784, by Senator 

25   Marchione.  It was previously adopted.  Read the 


                                                               1272

 1   title only, and recognize Senator Marchione.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 3784, by Senator Marchione, 

 6   memorializing Governor Andrew M. Cuomo to 

 7   proclaim March 21, 2016, Down Syndrome Awareness 

 8   Day in the State of New York, in conjunction with 

 9   the observance of World Down Syndrome Day.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Marchione.

12                SENATOR MARCHIONE:   Thank you, 

13   Mr. President.

14                I rise for the purpose of speaking 

15   on my legislative resolution, J3784, which 

16   memorializes Governor Cuomo to proclaim today, 

17   March 21, 2016, as Down Syndrome Awareness Day 

18   here in New York State.

19                Today's designation is in 

20   conjunction with the international observance of 

21   World Down Syndrome Day, a global awareness day 

22   that's been officially recognized by the 

23   United Nations since 2012.  

24                Last year I had the honor and 

25   privilege of speaking at the United Nations 


                                                               1273

 1   during their International World Down Syndrome 

 2   Day conference.  

 3                And also last year, if you remember, 

 4   I gave all of you a pair of these Lots of Socks, 

 5   which is part of an important public awareness 

 6   campaign for World Down Syndrome.

 7                Lots of Socks, as you can see, are 

 8   fun, bright-colored socks, and they're intended 

 9   to start a conversation that really hopefully 

10   leads to a genuine dialogue about World Down 

11   Syndrome.  When you wear Lots of Socks, it's my 

12   hope that someone will ask you about them and 

13   then you can talk about this very important 

14   topic.  

15                Today, of course, I'm wearing my 

16   Lots of Socks.  And I found out that next year 

17   I'm going to need to give everyone a new pair of 

18   socks, because I've heard conversations like "My 

19   kids really like them, and they continue to wear 

20   them, and continue to wear them."  How awesome is 

21   that, if you shared with them the importance of 

22   these socks.

23                Each year the voice of people with 

24   Down Syndrome and those who love them grows 

25   stronger and more powerful.  There's an estimated 


                                                               1274

 1   7 million people who have Down Syndrome 

 2   worldwide; 400,000 of those live here in the 

 3   United States, with about 6,000 babes being born 

 4   every year with Down Syndrome.

 5                The great news is now people with 

 6   Down Syndrome live to be 60 years of age and 

 7   older.  And that isn't just modern medicine, it's 

 8   a marvelous miracle, one that myself and millions 

 9   of Americans are truly grateful for.

10                More and more New Yorkers know 

11   someone, work with someone, and love someone who 

12   has Down syndrome.  For me, it's my great-nephew 

13   Nathan.

14                Today is all about recognizing them 

15   and respecting their gifts.  I thank you all for 

16   supporting my resolution and for supporting this 

17   growing nationwide and international effort.  

18                I certainly welcome anyone to speak 

19   about this resolution, and would open it to all 

20   on the floor.

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Marchione.

24                Senator Seward.

25                SENATOR SEWARD:   Thank you, 


                                                               1275

 1   Mr. President.  

 2                I rise to thank Senator Marchione 

 3   for presenting this resolution.  My only regret 

 4   is I left my socks at home, I didn't pack them 

 5   this week, they're safely in my sock drawer.  But 

 6   next year.  Next year.

 7                But having said that, you know, 

 8   World Down Syndrome Day holds a very special 

 9   place in my heart.  For close to 35 years, I've 

10   had the privilege of serving on the Board of 

11   Trustees at Pathfinder Village, which is located 

12   in Edmeston, New York, near Cooperstown.

13                You know, this is a world-renowned 

14   residential home and research facility.  It's a 

15   leader in community-based services for children 

16   and adults with Down syndrome as well as other 

17   developmental disabilities.

18                Plain and simple, Pathfinder is a 

19   very special place.  You know, the teachers and 

20   the staff at Pathfinder do an absolutely 

21   incredible job and are truly changing lives for 

22   the better each and every day.

23                You know Pathfinder has grown 

24   significantly over the years.  It now encompasses 

25   some 300 acres, includes a dairy farm, community 


                                                               1276

 1   youth soccer fields, and recently opened a health 

 2   center for the community.  But at its core, 

 3   Pathfinder Village is about the individuals with 

 4   Down syndrome.  You know, it's very, very 

 5   inspiring to see firsthand the boundless 

 6   capabilities of those with Down syndrome.  This 

 7   is exhibited every day at Pathfinder and 

 8   throughout the State of New York, for that 

 9   matter.

10                And I'm very, very pleased to stand 

11   and pay tribute to those very special 

12   individuals, their families, their caregivers, in 

13   support of World Down Syndrome Day.

14                Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Seward.

17                As noted, the resolution was 

18   previously adopted on February 9th of 2016.

19                Do you want to speak, Senator 

20   DeFrancisco?  

21                SENATOR DeFRANCISCO:   Yes, I would.

22                I just want to congratulate Senator 

23   Marchione.  This is a very important resolution.  

24                In Syracuse we have a place called 

25   GiGi's Playhouse, and basically it's a place for 


                                                               1277

 1   individuals with Down syndrome to congregate and 

 2   to socialize and to actually begin efforts to try 

 3   to lobby legislators such as myself for the 

 4   issues that are important to them.

 5                And there's this young woman who 

 6   works there with Down syndrome, her name is 

 7   Kayla, who is truly an amazing young woman.  She 

 8   is probably one of the most effective lobbyists 

 9   I've ever had.  She is so respectful, so direct 

10   to the point, so honest -- just an absolutely 

11   beautiful young girl.  And she brings to my 

12   attention and to everybody who meets her that 

13   everybody has certain limitation or certain 

14   difficulties, but they still can be extremely 

15   effective, more effective than many without those 

16   same issues that they may have.

17                So this is an important issue.  And 

18   Senator Marchione brought it up last year, and I 

19   just want to thank her again.  This is a 

20   wonderful thing she's doing today.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator DeFrancisco.

24                Again, the resolution had been 

25   previously adopted on February 9th of 2016.  


                                                               1278

 1                And it is open for cosponsorship.  

 2   Should you choose not to be a cosponsor, please 

 3   notify the desk.  

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, would 

 6   you now please take up previously adopted 

 7   Resolution 4126, by Senator Ritchie, read it in 

 8   its entirety, and call on Senator Ritchie.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 4126, by Senator Ritchie, 

13   congratulating the Thousand Island-Alexandria 

14   Islanders Girls Hockey Team upon the occasion of 

15   capturing the New York State Girls Ice Hockey 

16   Championship.  

17                "WHEREAS, Excellence and success in 

18   competitive sports can be achieved only through 

19   strenuous practice, team play and team spirit, 

20   nurtured by dedicated coaching and strategic 

21   planning; and 

22                "WHEREAS, Athletic competition 

23   enhances the moral and physical development of 

24   the young people of this state, preparing them 

25   for the future by instilling in them the value of 


                                                               1279

 1   teamwork, encouraging a standard of healthy 

 2   living, imparting a desire for success and 

 3   developing a sense of fair play and competition; 

 4   and 

 5                "WHEREAS, The members of the  

 6   Thousand Island-Alexandria Islanders Hockey Team 

 7   captured the New York State Girls Ice Hockey 

 8   Championship on Saturday, February 6, 2016, in 

 9   Albany, New York; and 

10                "WHEREAS, In the championship game, 

11   the Lady Islanders faced off against 

12   Kenmore-Grand Island; and 

13                "WHEREAS, With the score knotted 2-2 

14   in the final period, Thousand Island-Alexandria  

15   scored with a shot which tucked the puck between 

16   the pads of the Kenmore-Grand Island keeper, 

17   providing the game-winning goal; and 

18                "WHEREAS, The Lady Islanders reached 

19   the New York State Girls Ice Hockey Championship 

20   game after defeating Beekmantown by a score of 4  

21   to 1 in the semifinals on Friday, February 5, 

22   2016; and 

23                "WHEREAS, The athletic talent 

24   displayed by the Lady Islanders Girls Hockey Team 

25   is due in great part to the efforts and mentoring 


                                                               1280

 1   of the team's dedicated coaches; and 

 2                "WHEREAS, The team was loyally and 

 3   enthusiastically supported by family, fans, 

 4   friends and the community at large; and 

 5                "WHEREAS, The hallmarks of the team 

 6   throughout the season were their close  

 7   camaraderie, athletic ability, good 

 8   sportsmanship, and honor, demonstrating that 

 9   these team players are second to none; and 

10                "WHEREAS, Sports competition 

11   instills the values of teamwork, pride and 

12   accomplishment; these outstanding athletes have  

13   clearly made a contribution to the spirit of 

14   excellence which is a tradition of the Lady 

15   Islanders Hockey Team; now, therefore, be it 

16                "RESOLVED, That this Legislative 

17   Body pause in its deliberations to congratulate 

18   the Thousand Islands-Alexandria Islanders Girls 

19   Hockey Team, its members:  Kelsey Cullen, Mikayla 

20   Cipullo, Maddie Coene, Miranda Kolb, Mia Coene, 

21   Talia Parker, Emilie Walti, Lindsey Bradley, 

22   Taylor Hudon, Maddy Cullen, Emily Rose, Madison 

23   Flemming, Keeley Rose, Kaitlin Irvine, Kelsey 

24   Bannister, Annika Balk, Kayla McCabe, Sydney 

25   Aubertine and Kyleigh Prance; Team Managers Lydia  


                                                               1281

 1   Cantwell, Addisson Reed and Renzi Youngs; and 

 2   Coaches Brian Hudon, Matt Cullen and Jamie Wiley, 

 3   on capturing the New York State Girls Ice Hockey 

 4   Championship and on their outstanding season; and 

 5   be it further 

 6                "RESOLVED, That copies of this 

 7   resolution, suitably engrossed, be transmitted to 

 8   the members of the Thousand Island-Alexandria  

 9   Islanders Girls Hockey Team, and Coaches Brian 

10   Hudon, Matt Cullen and Jamie Wiley."

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Ritchie.

13                SENATOR RITCHIE:   Thank you, 

14   Mr. President.  

15                I rise today to welcome the Lady 

16   Islanders Hockey team to the chamber.  I want to 

17   congratulate you on your impressive win.  

18                It will probably come as no surprise 

19   to many of my colleagues that they had an 

20   opportunity to be interviewed after their great 

21   season and their championship win, and one of the 

22   things they mentioned most often was teamwork.  

23                And we all know without teamwork you 

24   can be the greatest player, have the best skills, 

25   but you're not going to go anywhere.  The thing 


                                                               1282

 1   is with this team, what's so amazing is that 

 2   there are five schools that participate on this 

 3   team.  They are Thousand Islands, Alexandria, 

 4   IHC, Indian River, and General Brown.  

 5                And I think that championship win 

 6   just means so much more because it does show the 

 7   teamwork between the five schools and all of you 

 8   and how you were able to work together and have 

 9   such a tremendous season.

10                And I want to thank you, first of 

11   all, for your teamwork, but for becoming such 

12   positive role models for so many young women 

13   across the North Country.  I've heard time and 

14   time again the respect for this team time from 

15   the community and the North Country at large.  

16                So I want to welcome you, hope your 

17   day at the Capitol is good today.  I know you had 

18   the opportunity to go to the Assembly.  We're 

19   certainly honored to have you here with us today 

20   and look forward to seeing what you're going to 

21   do in the future.  And, you know, for all of you, 

22   continue to do the great things that you're 

23   doing.  We're all so very proud of you.

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               1283

 1   you, Senator Ritchie.

 2                We want to extended our 

 3   congratulation to the Thousand Island-Alexandria 

 4   Islanders.  Congratulations, girls, on winning 

 5   the state championship.  Coaches, staff and 

 6   ladies.

 7                (Applause.)

 8                ACTING PRESIDENT GRIFFO:   Again, we 

 9   welcome you and extend the courtesies and 

10   privileges of the house.  

11                It is so noted that the resolution 

12   was adopted previously on March 8th of 2016.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, this is 

15   also -- Senator Ritchie has asked that this be 

16   open for cosponsorship as well.

17                ACTING PRESIDENT GRIFFO:   The reso 

18   is open for cosponsorship.  Should you choose not 

19   to be a cosponsor, notify the desk.  

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Is there any 

22   further business at the desk?  

23                ACTING PRESIDENT GRIFFO:   There is 

24   no further business at the desk.

25                SENATOR DeFRANCISCO:   That being 


                                                               1284

 1   the case, I move to adjourn until Tuesday, 

 2   March 22nd, at 3:00 p.m.

 3                ACTING PRESIDENT GRIFFO:   On 

 4   motion, the Senate will stand adjourned until 

 5   Tuesday, March 22nd, at 3:00 p.m. 

 6                The Senate stands adjourned.

 7                (Whereupon, at 4:11 p.m., the Senate 

 8   adjourned.)

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