Regular Session - March 22, 2016
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 22, 2016
11 3:28 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS D. CROCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT CROCI: The
3 Senate will come to order.
4 Color Guard, post colors.
5 (The Color Guard entered the
6 chamber, advanced to the center of the room, and
7 posted colors.)
8 ACTING PRESIDENT CROCI: If you
9 will please join us in reciting the Pledge of
10 Allegiance.
11 (Whereupon, the assemblage recited
12 the Pledge of Allegiance to the Flag.)
13 ACTING PRESIDENT CROCI: Ladies
14 and gentlemen, would you please join me in a
15 moment of silence for the victims of the terror
16 attack in Brussels.
17 (Whereupon, the assemblage
18 respected a moment of silence.)
19 ACTING PRESIDENT CROCI: Thank
20 you.
21 Color Guard, post.
22 (The Color Guard exited the
23 chamber.)
24 ACTING PRESIDENT CROCI: Today we
25 are joined by Lieutenant Colonel Gary T.
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1 Fischer, chaplain of the 10th Mountain Division,
2 from Fort Drum, New York. He will give our
3 invocation.
4 Colonel.
5 CHAPLAIN FISCHER: I invite you to
6 pray with me.
7 Our precious heavenly Father, the
8 tragedy in Brussels leaves us stunned. We ask
9 that you would be with the people touched by
10 that tragedy today, surround them with Your love
11 and grace. And may we, as a nation, support and
12 be there for them in their time of need.
13 We thank You for today, for the
14 life that You have given to us, the richness of
15 Your blessings, the freedoms we enjoy and the
16 gracious, tender mercies.
17 In this grand chamber where the
18 State Senate gathers, we pause to offer You
19 gratitude for the gift of a great nation and the
20 State of New York. Forgive us for our
21 transgressions against You. Help those who have
22 gathered here today to work together in the
23 knowledge of Your truth.
24 I thank You for these leaders who
25 are here by Your authority. Bless them and
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1 their families. Give to them the wisdom,
2 discernment, humility and guidance they will
3 need in fulfilling the obligations and
4 responsibilities entrusted to them. May they be
5 quick to hear, slow to speak, and slow to anger.
6 May their weakness be the vessel of Your
7 strength.
8 May the work that is accomplished
9 promote your righteousness and peace throughout
10 the great State of New York. So shall we make
11 our nation great in goodness and good in its
12 greatness.
13 Our solemn prayer is that You will
14 guide us by your Word, that You will comfort us
15 by Your presence, and that you will strengthen
16 us by Your power.
17 In Your holy name, we pray. Amen.
18 ACTING PRESIDENT CROCI: The
19 reading of the Journal.
20 THE SECRETARY: In Senate, Monday,
21 March 21st, the Senate met pursuant to
22 adjournment. The Journal of Sunday, March 20th,
23 was read and approved. On motion, Senate
24 adjourned.
25 ACTING PRESIDENT CROCI: Without
1289
1 objection, the Journal stands approved as read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: I move to
12 adopt the Resolution Calendar, please.
13 ACTING PRESIDENT CROCI: All in
14 favor of adopting the Resolution Calendar please
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT CROCI: Opposed,
18 nay.
19 (No response.)
20 ACTING PRESIDENT CROCI: The
21 Resolution Calendar is adopted.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO:
24 Mr. President, I move that the following bills be
25 discharged from their respective committees and
1290
1 be recommitted with instructions to strike the
2 enacting clause, all bills by Senator Funke:
3 3657, 3680, 3953, 4330, 4560, 4770, 5399.
4 ACTING PRESIDENT CROCI: So
5 ordered.
6 SENATOR DeFRANCISCO: Also,
7 Mr. President, I move that the following bill be
8 discharged from its respective committee and be
9 recommitted with instructions to strike the
10 enacting clause: Senate 5881, by Senator Murphy.
11 ACTING PRESIDENT CROCI: So
12 ordered.
13 SENATOR DeFRANCISCO: Would you
14 please now recognize Senator Gianaris.
15 ACTING PRESIDENT CROCI: Senator
16 Gianaris.
17 SENATOR GIANARIS: Thank you,
18 Mr. President.
19 On behalf of Senator Montgomery, I
20 move that the following bill be discharged from
21 its respective committee and be recommitted with
22 instructions to strike the enacting clause:
23 Senate Bill 7045.
24 ACTING PRESIDENT CROCI: So
25 ordered.
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1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: Yes, could we
3 now take up the previously adopted resolution
4 that's Number 4370, by Senator Ritchie, read it
5 in its entirety, and call on Senator Ritchie,
6 please.
7 ACTING PRESIDENT CROCI: Very well.
8 The Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 4370, by Senator Ritchie,
11 memorializing Governor Andrew M. Cuomo to
12 proclaim March 22, 2016, as 10th Mountain
13 Division and Fort Drum Day in the State of
14 New York.
15 "WHEREAS, Fort Drum is located in
16 Jefferson County, in Northern New York, and is
17 the largest military installation in the
18 Northeastern United States; and
19 "WHEREAS, Fort Drum is named for
20 Lieutenant General Hugh Drum, a decorated
21 national hero, former commander of First Army,
22 and an early leader of the state's own volunteer
23 militia, the New York Guard; and
24 "WHEREAS, For more than 30 years,
25 Fort Drum has been home to the United States
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1 Army's storied 10th Mountain Division; and
2 "WHEREAS, The 10th Mountain Division
3 includes the Army's most deployed combat units,
4 serving with honor, distinction and great
5 sacrifice as a part of Operation Enduring Freedom
6 and other actions central to our nation's
7 response to the terrorist attacks of
8 September 11, 2001; and
9 "WHEREAS, Elements of the
10 10th Mountain Division, based at Fort Drum in
11 New York State, were first to be deployed in the
12 aftermath of those attacks and, 13 years later,
13 the last units to return from combat duty, so for
14 the first time in more than a decade, nearly all
15 of Fort Drum's soldiers and officers are back at
16 home in New York State; and
17 "WHEREAS, 323 brave men and women
18 who were members of the 10th Mountain Division
19 and based at Fort Drum gave their lives in the
20 cause of defeating global terrorism; and
21 "WHEREAS, The distinguished service
22 of units posted to Fort Drum has been celebrated
23 by presidents, members of Congress, and members
24 of the international community; and
25 "WHEREAS, In addition to its vital
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1 role in our nation's defense, Fort Drum is the
2 largest single-site employer in the State of
3 New York, and an economic engine for the state
4 and region, with a direct impact of more than
5 $1.2 billion in 2014, and more than $20 billion
6 since the reactivation of the 10th Mountain
7 Division at Fort Drum; and
8 "WHEREAS, The 18,000 soldiers and
9 officers of Fort Drum and their families are an
10 integral part of the community, and are welcomed
11 as neighbors, coworkers, classmates, friends and
12 fellow New Yorkers; and
13 "WHEREAS, It is the sense of this
14 Legislative Body to salute the soldiers and
15 officers of the 10th Mountain Division, to honor
16 their dedication to preserving our freedom and
17 our nation, and to recognize their individual and
18 collective contributions to our communities and
19 to New York State; and
20 "WHEREAS, For the past five years,
21 10th Mountain Division and Fort Drum Day has
22 served to educate members of this Legislative
23 Body about the sacrifices made by the brave men
24 and women of our armed forces, as well as the
25 importance of the installation to our nation's
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1 defense and New York's economy; and
2 "WHEREAS, Fort Drum has and will
3 continue to play an important and essential role
4 in ensuring our nation's military readiness to
5 defend our state and nation against hostility and
6 threats to our safety and national security; now,
7 therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to memorialize
10 Governor Andrew M. Cuomo to proclaim March 22,
11 2016, as 10th Mountain Division and Fort Drum Day
12 in the State of New York; and be it further
13 "RESOLVED, That a copy of this
14 resolution, suitably engrossed, be transmitted to
15 Brigadier General Paul Bontrager, Commanding
16 General of Fort Drum."
17 ACTING PRESIDENT CROCI: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Yes, please
20 recognize Senator Ritchie.
21 ACTING PRESIDENT CROCI: Senator
22 Ritchie.
23 SENATOR RITCHIE: Thank you,
24 Mr. President.
25 And thank you, Colonel Fischer, for
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1 your invocation, along with the members of the
2 Color Guard for leading us in our Pledge of
3 Allegiance today.
4 It is my honor to welcome to the
5 Senate chamber the officers and soldiers of the
6 10th Mountain Division. And once again today,
7 the tragic news from abroad reminds us how
8 important our soldiers are to the security of our
9 nation. This is the fifth Fort Drum and
10 10th Mountain Day in the State of New York.
11 Fort Drum Day grew out of the
12 recognition that for many of my colleagues and
13 for many New Yorkers, Fort Drum is just a little
14 too far to travel and visit. So we bring a
15 little bit of Fort Drum to Albany.
16 In the chamber today we are joined
17 by a few of our 10th Mountain soldiers, including
18 six New Yorkers. So as I call the New Yorkers,
19 could you stand up, please?
20 First we have Captain John Goodwill,
21 from Black River, which is my district. And I'll
22 also share him with Senator Griffo, because
23 apparently he's originally from Senator Griffo's
24 district.
25 First Sergeant Donald Lindley, from
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1 Albany.
2 Sergeant Jesse Deel, from Geneseo.
3 Private Matthew Fauci, from
4 Millbrook.
5 Specialist Michael Gross, from Knox.
6 Specialist Robert Piwowar, from
7 Elma.
8 And also I would like to note that
9 Fort Drum's acting commander, General Bontrager,
10 has a strong connection to New York. His wife,
11 Kelly, is a native of Lackawanna.
12 These soldiers and officers are
13 among 18,000 fighting men and women who call Fort
14 Drum home -- but they are not all at home right
15 now. As we stand here today, over 4,000 10th
16 Mountain soldiers and officers, including
17 Commanding General Jeffrey Bannister, are
18 deployed in forward areas, from Afghanistan to
19 Kuwait, Korea and more -- anywhere and everywhere
20 freedom is threatened. I ask that you keep them
21 in your prayers while they are away from family
22 and country.
23 To the soldiers, I am proud to
24 represent you and proud of your many
25 accomplishments. I am also very aware of your
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1 sacrifices. You don't have the easiest job in
2 the world, but it may be the most important.
3 In closing, let me thank a few
4 individuals who helped to make Fort Drum Day
5 possible.
6 First, our leader, Senator Flanagan.
7 I had the privilege of taking Senator Flanagan on
8 a tour of Fort Drum last summer, and I think he
9 agrees that it's a pretty impressive site, an
10 important part of our state. Thank you, Leader,
11 for your support of Fort Drum Day and the 10th
12 Mountain Division.
13 I also would like to thank the
14 organizations who are here from the community in
15 the gallery today. Fort Drum's success in large
16 part is a result of a strong partnership between
17 the post and communities across the North
18 Country.
19 And lastly, once again I'd like to
20 thank General Bontrager, your staff and the
21 soldiers who are joining us here today. We are
22 grateful for all you do, and we are with you and
23 stand behind you a hundred percent.
24 Thank you, Mr. President.
25 ACTING PRESIDENT CROCI: Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: Could you
3 please recognize Senator Flanagan.
4 ACTING PRESIDENT CROCI: Majority
5 Leader Flanagan.
6 SENATOR FLANAGAN: Thank you,
7 Mr. President.
8 I'd love to add my voice to that of
9 Senator Ritchie. And these are the kind of
10 days -- well, first of all, welcome to our house.
11 Welcome to the New York Senate and the New York
12 State Capitol -- all of which, frankly, belongs
13 to you. And we have to remind ourselves of that
14 periodically.
15 And the reason I say welcome to our
16 house is because I know when I was given the
17 privilege to visit your home, we were treated
18 with dignity, respect, courtesy, and it was
19 fantastic. We talk about Fort Drum. This is the
20 fifth Fort Drum Day. Our colleague, your
21 ambassador, Senator Ritchie, is your biggest
22 champion, your strongest advocate, your greatest
23 cheerleader, and for many, many reasons. And she
24 is so proud of the fact is that she is able to
25 represent you.
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1 So when you are here, whether you're
2 in this house or the Assembly, we hope that you
3 are given the respect that you certainly deserve.
4 And I want to thank you on behalf of
5 the New York State Senate and just add, you know,
6 in light of what transpired today, the frailty of
7 human life should always be something that we
8 contemplate. That's the unfortunate news. The
9 beauty of life is that we have the opportunity to
10 live in a democracy, work in the great State of
11 New York, and know that you have our back, under
12 any circumstance conceivable, improbable or even
13 unimaginable.
14 So I think that we owe you an
15 extraordinary debt of gratitude for the service,
16 the service that you have render. And I would
17 ask if all of you gentlemen, including Brigadier
18 General Bontrager, if you would please rise so we
19 can give you an appropriate round of applause.
20 Thank you very much for your service.
21 (Extended standing ovation.)
22 SENATOR FLANAGAN: Let me add one
23 last thing very quickly. Brigadier General, one
24 of your predecessors used the phrase that I've
25 now heard a couple more times, and I think it's
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1 characteristic of all the people who we just
2 applauded: "I fight where I'm told and I win
3 where I fight."
4 Thank you very much for your
5 service.
6 ACTING PRESIDENT CROCI: Senator
7 Sanders.
8 SENATOR SANDERS: Thank you,
9 Mr. President.
10 I too must commend Senator Ritchie
11 for doing a great service to all of us. To
12 General Bontrager, to the officers, NCOs and the
13 enlisteds, I commend you for great service. To
14 be the most deployed unit in the Army is an
15 honor, but one that brings its own sadness. It
16 means that we have left a lot of people -- well,
17 we have left -- we have taken them back home, but
18 their spirit stays where we fought. And
19 therefore it just cautions all of us that we need
20 to be very careful moving our children into
21 harm's way.
22 However, the attack in Brussels
23 alerts us that this is needed, that we are -- you
24 are absolutely needed, that there are those who,
25 left to their own devices, would bring all kinds
1301
1 of Hades here. And there has to be a line that
2 says no, it's not going to come in. And more
3 often than not, it's been the 10th Mountain
4 Division. So I commend you for that.
5 The general, of course, was kind
6 enough to give the rest of the Senate an
7 invitation. He said not only would we be willing
8 to come and visit, but he would do a one-day
9 training for the Senate, that we can actually get
10 out there and do a little something that the
11 Mountain Division does. I suspect that he'll
12 have us rappel from a mountain or two, or maybe
13 we'll be dropped out of a plane. But maybe
14 perhaps it's a little easier since it's a
15 one-day.
16 I must admit -- and I'm very
17 grateful that you gave me the chance to use the
18 .50-cal machine gun. It was -- it is an amazing
19 tool, and I thank you for it.
20 Having said those things,
21 Mr. President, I again want to thank the 50 --
22 the .50 cal, mmm -- the 10th Mountain for their
23 service.
24 Thank you very much.
25 ACTING PRESIDENT CROCI: Senator
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1 Gallivan.
2 SENATOR GALLIVAN: Thank you,
3 Mr. President.
4 I rise to also thank Senator Ritchie
5 for helping to make this day possible, but really
6 to the general and everybody at Fort Drum for
7 making all things possible for us, for
8 representing our state well, for representing our
9 country, for representing our communities and
10 allowing all of us to enjoy the quality of life
11 that we have.
12 In particular, this is my sixth
13 year, and I know this is the fifth year you guys
14 have been here, our representatives have been
15 here. I've never before had the honor of
16 somebody from my district being here. So I just
17 want to single out again Sergeant Deel, and
18 Specialist Piwowar from my hometown and my
19 father's hometown, and thank you for your service
20 in making our state proud, our community proud,
21 our state and our country.
22 God bless you.
23 ACTING PRESIDENT CROCI: Senator
24 Amedore.
25 SENATOR AMEDORE: Mr. President, I
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1 rise to also echo the comments of my colleagues
2 thanking Fort Drum and the soldiers and the
3 leadership, also Senator Patty Ritchie for
4 bringing such fine individuals, brave soldiers,
5 and the best Americans that we know of.
6 You know, it's always a great day in
7 the Senate when we have the opportunity to
8 recognize the brave men and women in the armed
9 forces. And I'm particularly proud to welcome
10 two individuals who I represent in the
11 46th Senate District. The first is First
12 Sergeant Donald Lindley, from Guilderland, right
13 here in Albany County. Also is Specialist
14 Michael Gross, from the town of Knox, also from
15 Albany County.
16 And it's no doubt that we all owe a
17 tremendous debt of gratitude to all of the men
18 and women who are in uniform. I want to thank
19 you for keeping us safe, for keeping us free, and
20 for taking on the challenge.
21 God bless you all no matter where
22 your path may lead you. Keep Him first, our
23 country second, and thank you so much for your
24 honor and dignity. God bless you.
25 ACTING PRESIDENT CROCI: Senator
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1 Little.
2 SENATOR LITTLE: Thank you,
3 Mr. President.
4 I would just like to thank Senator
5 Ritchie for having this day, as she has begun
6 this when she arrived here in the Senate. And I
7 also thank you for coming down. But also thank
8 you for the wonderful display in The Well and the
9 opportunity for the men and women who are here in
10 the Capitol to see what Fort Drum and what this
11 Army division is all about.
12 I'm very proud of having you here,
13 proud of having you in our state. I can't sit
14 down without saying I do say "Go Navy" every day,
15 but -- my son is deployed and is currently
16 serving in the Persian Gulf as the CAG on the
17 Truman Carrier. But he, like you, is willing to
18 put himself in harm's way and has dedicated many
19 years and made many sacrifices in his life to
20 protect our country and protect all of us.
21 So thank you for your dedication,
22 for your willingness to serve, and for the
23 sacrifices you and your families make while
24 you're serving.
25 Thank you.
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1 ACTING PRESIDENT CROCI: Senator
2 Ortt.
3 SENATOR ORTT: Thank you,
4 Mr. President.
5 I too want to thank my colleague
6 Senator Ritchie for all the part you play in this
7 day and bringing these brave soldiers to our
8 house here in our state's Capitol.
9 And to all of you, I spent many a
10 field exercise and a training exercise and many a
11 night at Fort Drum. With all due respect to my
12 colleague Senator Ritchie, I hated almost every
13 minute of it when I was there.
14 (Laughter.)
15 SENATOR ORTT: However, as a
16 New York State legislator, I understand the
17 importance that Fort Drum is economically, not
18 only to Senator Ritchie's district, but our whole
19 state, as well as the importance from a national
20 security standpoint.
21 But at the end of the day, Fort Drum
22 would be nothing without the soldiers of the
23 10th Mountain. New York State is privileged to
24 have its own division, I believe the only state
25 that has its own division wholly within the
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1 state. And so that is something we should be
2 proud of, that is something we should be talking
3 about.
4 And obviously, on a day like today,
5 we are reminded of the risks of a free society.
6 But we're also reminded of the men and women who
7 will defend that freedom.
8 So I want to thank you for your
9 service to our country. I want to thank you for
10 raising your hand. No one made you, you did it
11 of your own volition. And I also would like to
12 ask you to keep me updated. My colleague Senator
13 Sanders suggested that some members here might be
14 rappelling. I would ask for a report from you,
15 if you could keep me updated on how many of my
16 colleagues volunteer to rappel. I would like to
17 know that, if I could. I would be interested in
18 that information.
19 But again, I want to thank you for
20 what you do. Godspeed, God bless you and your
21 families, wherever it may lead you. Hooah.
22 ACTING PRESIDENT CROCI: Senator
23 Díaz.
24 SENATOR DÍAZ: Thank you,
25 Mr. President.
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1 I also rise to join my colleagues in
2 congratulating Senator Ritchie for what she's
3 doing.
4 It is important for you guys to
5 know, for everyone, especially young people to
6 know how important it is what Senator Ritchie is
7 doing today.
8 In 1960, 56 years ago -- 56 years
9 ago, many of you were not even born. But
10 56 years ago, I joined the Army in Puerto Rico.
11 And there was the Vietnam conflict, and I joined,
12 volunteered. I joined the Army to fight for my
13 country, to give my services.
14 And at that time we didn't have
15 people like Senator Ritchie. At that time we
16 have other kind of people. We had Jane Fonda,
17 Hanoi Jane. We have those that treated us like
18 criminals, those that called us murderers.
19 And when I went back to Puerto Rico
20 in 1962, ladies and gentlemen -- that's why I'm
21 so happy and I'm praising Senator Ritchie -- when
22 I went back to Puerto Rico in 1962, they didn't
23 receive me there. They didn't give me any
24 credit. On the contrary, they were ashamed of
25 me, because I was wearing the American Army
1308
1 uniform. And all over the nation, people were
2 criticizing and talking bad about the armed
3 forces, and they didn't give us no credit.
4 But now, 56 years later, the
5 environment has changed, and we have Senator
6 Ritchie. And we have all of you. Nowadays, with
7 dignity, with honor, with prestige, we praise our
8 armed forces' members. We give them the credit.
9 We recognize what they have done. We recognize
10 that they are putting their life in danger, that
11 they are sacrificing their life, their family, to
12 protect our nation.
13 And we don't have no more Jane
14 Fondas. We don't have no more Hanoi Janes. We
15 have heroines like Senator Ritchie and all of you
16 that come to open the door of this chamber to
17 recognize what those gentlemen, the men of the
18 armed forces of the United States, are doing.
19 Congratulations to all of you. You
20 are heroes. You deserve it. You are giving your
21 life, you put your time, you put your youth to
22 protect this nation. And shame on those that
23 treated us bad in those days. And praise those
24 like Senator Ritchie.
25 Thank you, Mr. Chairman.
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1 ACTING PRESIDENT CROCI: Thank you,
2 Senator.
3 Senator Akshar.
4 SENATOR AKSHAR: Mr. President,
5 thank you.
6 I rise as well to thank Senator
7 Ritchie for this resolution and to thank the
8 members of the 10th Mountain Division for being
9 here with us today.
10 We have, on a regular basis, pretty
11 spirited discussions in this house, and robust
12 debates. And we do that because of the work that
13 each of you do. You afford us an opportunity to
14 do that. Each of you epitomizes honor,
15 integrity, and service to others. A couple of
16 weeks ago we talked about ensuring that we don't
17 drape flags around issues. But today I think we
18 can drape a flag around this issue and be proud
19 of that.
20 So, General, I thank you for your
21 leadership. I thank you for bringing an amazing
22 group of soldiers with you today. I enjoyed my
23 time I spent in The Well; thank you for allowing
24 me to see all the equipment that you use. And
25 thank you all for what you do, and God bless.
1310
1 Thank you, Mr. President.
2 ACTING PRESIDENT CROCI: Seeing no
3 others, Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Thank you,
5 Mr. President.
6 You know, it's always a great fix
7 for everybody in this chamber when we have
8 representatives of the military here. Because
9 all we see is things on a legislative calendar to
10 try to fix a problem -- to fix a problem because
11 somebody's not acting properly, or somebody isn't
12 getting the support they should be getting, or
13 something that isn't quite done right by
14 individuals, to try to legislate changes.
15 And many times what we see is the
16 hardships around this state. But when somebody
17 and a group of people like you come here, that
18 are solid, solid human citizens that are giving
19 themselves up for others, we -- I, anyway,
20 believe, and I think everyone in this chamber
21 realizes the future of this country is secure as
22 long as there are still people like you serving
23 and people like you to serve as examples to
24 everybody.
25 You know, we're proud of our first
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1 responders. This group here, the 10th Mountain
2 Division, is the first responder for the country
3 just about for every trouble spot in the world.
4 And they've been first responders and many times,
5 many times first responders, not just going to a
6 theater of war one time.
7 The courage is un -- I was in the
8 Air Force for three and a half years during the
9 Vietnam War. Thank God I never went into combat.
10 I don't know what I would have done in combat.
11 The concept is just so amazing to think you're
12 there when people are shooting at you, trying to
13 kill you.
14 But the courage you all have and the
15 examples you give us, hopefully we can show back
16 to you the fact that we stand on principle, we
17 will make the hard decisions, and we will do the
18 right thing for our country and for our state.
19 So thank you all for coming. Thank
20 you, Senator Ritchie, for allowing us to have
21 this great opportunity. And God bless all of you
22 in all your future endeavors.
23 Thank you, Mr. President.
24 ACTING PRESIDENT CROCI: Senator
25 Hamilton.
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1 SENATOR HAMILTON: Thank you,
2 Chairman.
3 I just want to congratulate our men
4 from the 10th Mountain Division for putting your
5 lives on the line for our country. And I want to
6 thank Senator Ritchie for this resolution.
7 Our country is going through
8 difficult times right now. We're fighting all
9 over the world. And I just -- my heart goes out
10 to your family members who have let you go and
11 fight for this country. We just had an attack
12 yesterday morning, and so we're not even sure
13 we're going to have military going overseas to
14 fight.
15 But on another note, what I want to
16 say is that -- and when you put your lives on the
17 line and you fight for this country, when you
18 come home, we should provide affordable housing
19 for you. We should provide you with credits to
20 go to college. We should make sure that we give
21 you everything you need to be successful in this
22 state.
23 But a lot of time men and women go
24 into the military, they come back here -- in
25 New York City many of our homeless are veterans
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1 living on the street. And that's unacceptable.
2 As we stand here today and we give
3 you the honor that's your due, when you do come
4 home, we should honor you with affordable
5 housing, we should honor you with subsidies to go
6 to college for free.
7 So it's good that we stand here
8 today and we honor you, but let's put action
9 behind our words. Let's make sure no veteran
10 should be homeless in New York State. Let's make
11 sure no veteran who wants to go to school is
12 denied it because he cannot pay for it.
13 So I just want to congratulate you
14 for doing a job that others don't want to do, who
15 like to walk behind you and wave the flag, but
16 who will not put their lives on the line for this
17 state or for this country.
18 And so we should give you everything
19 that you need in order to be successful. At one
20 point in time, the veterans had more rights as
21 far as housing, as far as jobs, as far as getting
22 preferential treatment, be it for the police
23 department, be it for the fire department. You
24 should be given credits -- if you put your life
25 on the line and you go for a civil service exam,
1314
1 you should be getting credits for your work in
2 the armed forces.
3 So hopefully as we proceed in this
4 chamber and we give you all the accolades for
5 doing a great job, that we put into legislation
6 and put money into supportive housing, into
7 affordable housing for our veterans, and make
8 sure that they get an education for free. For
9 putting your lives on the line for this country.
10 God bless you all, and keep up the
11 good work.
12 Thank you Mr. Chair.
13 ACTING PRESIDENT CROCI: General
14 Bontrager, the Senate chamber stands at your
15 disposal, sir.
16 (Applause.)
17 GENERAL BONTRAGER: Thank you.
18 Thank you very much. I speak on behalf of all
19 the members of the division that are here,
20 tremendously humbled by the reception that we
21 have and the comments here just in the last few
22 minutes. If you sense that it makes us a little
23 bit uncomfortable, it is accurate. That's not
24 why we're here. We don't serve because of that.
25 We serve because we want to be ambassadors for
1315
1 our nation and we want to do the hard work of our
2 nation. So -- but it's not missed on us, and I
3 do appreciate all the kind comments.
4 Good afternoon, and climb to glory.
5 "Climb to glory," by the way, is our division
6 motto. So if you do take us up on the offer to
7 come and train with us, I'd be ready to climb.
8 You might want to work some climbing into your
9 physical training regimen; it might show up
10 handy.
11 But moving on, Majority Leader John
12 Flanagan, Conference Leader Jeff Klein, Minority
13 Leader Andrea Stewart-Cousins, thank you for
14 allowing me this honor to be here today.
15 In particular, to Senator Ritchie
16 and her staff, thank you once again for this
17 invitation, for making this day possible, and for
18 your continued support. It is an honor for our
19 soldiers to travel here to their State Capitol to
20 represent the Army that they serve so well.
21 Today gives them a memory that they will not soon
22 forget.
23 Again, I am humbled. What a
24 privilege to address this distinguished body. I
25 am here on the behalf of Major General Bannister,
1316
1 the 35,000 soldiers, airmen, family members and
2 civilians of the 10th Mountain Division and
3 Fort Drum.
4 And for that matter, I'm here to
5 represent the entire North Country. The North
6 Country and Fort Drum are so closely intertwined
7 that it is impossible to tell where one ends and
8 where the other begins. We truly do live and
9 serve as one.
10 The purpose of my brief message
11 today is twofold. First, I would like to give
12 you an update of your own 10th Mountain
13 Division's current activities. And number two, I
14 would like to express and communicate a sincere
15 and heartfelt appreciation for the continued
16 support of the New York State Senate, Assembly,
17 and Governor for all that you do to show support
18 for our mission and the entire Fort Drum and
19 North Country community.
20 Point number one. I'm happy to
21 report that all is well at Fort Drum and the
22 10th Mountain Division. We continue to be the
23 unit of choice to solve our country's most
24 pressing problems. We currently have more than
25 4,000 soldiers deployed all over the world -- to
1317
1 include our commanding general, General
2 Bannister -- and the division's headquarters.
3 And while most of our soldiers are in the obvious
4 hotspots of Iraq and Afghanistan, we also have
5 soldiers in Korea, Kuwait, Qatar, Honduras,
6 Haiti, Sinai, Italy, Kosovo, and four separate
7 countries in Africa. It's amazing. Your very
8 own 10th Mountain Division New York State
9 citizens are truly globally engaged.
10 Simply put, the 10th Mountain
11 Division remains the division of choice to solve
12 the nation's most difficult dilemmas. For the
13 past three decades, whenever a crisis required
14 sending combat power to a foreign land, America
15 turned to Fort Drum.
16 This truism was again manifest only
17 a short time ago when an austere area of
18 Afghanistan needed a quick infusion of U.S. Army
19 combat power, the Army looked across the entire
20 force and chose the most ready battalion, our
21 very own Second of the 87th Infantry.
22 So again, the Fort Drum community
23 stepped forward, we scheduled last-second
24 touch-up training, we made sure that families
25 were prepared to again send their loved ones off
1318
1 into the unknown. And last month, our Second of
2 the 87th Infantry Catamount Battalion stepped
3 forward in the breach, and today they are
4 standing as a force against evil in the austere
5 southern plains of Afghanistan.
6 What makes the 10th Mountain
7 Division the clear choice time and again is very
8 simple: We are ready. We maintain a constant
9 state of readiness that in my opinion is only
10 possible because of our resources and
11 partnerships in the North Country. We are one of
12 the newest, most sustainable state-of-the-art
13 installations in our nation's army. We are the
14 premier site for training in the Northeast. We
15 have year-round opportunities such as cold
16 weather training, enhanced live-fire training
17 opportunities, and open air space. Our
18 Wheeler-Sack Army Airfield has 7,900 nautical
19 miles of specially designated air space that is
20 unique outside of the southwestern United States.
21 Our extensive partnerships with many
22 National Guard and Army Reserve units enable many
23 others to partner with us to include training
24 with us on Fort Drum, with the ultimate goal of
25 affording the Army with total-force options
1319
1 beyond what only the active Army can provide.
2 Our partnerships with our North
3 Country communities are also unique. I have
4 lived on many other bases across America and the
5 world; I have never seen community involvement
6 and partnership like we have here at Fort Drum.
7 We heavily rely on off-post medical facilities to
8 provide our soldiers and their family members
9 with healthcare, and we totally rely on off-post
10 communities to provide education for our
11 children, with over 7,000 military-connected
12 children attending 78 schools in 19 school
13 districts.
14 Because of how our Fort Drum
15 community relies on off-post communities, we are
16 drawn together. And this synergy, brought about
17 by our mutual reliance and dependence, creates a
18 powerful connection that makes us all stronger.
19 To wrap this up, your 10th Mountain
20 Division continues to do more than her share to
21 solve the world's problems, but we can only
22 sustain our state of perpetual readiness through
23 the unique opportunities afforded at Fort Drum
24 and through the strength and partnerships of the
25 North Country.
1320
1 Point number two, a sincere and
2 heartfelt thanks. Since arriving on Fort Drum
3 last fall, I've either met or spoken with many of
4 our local elected officials, just like the
5 incredible reception that we have received here
6 today. And without fail, each of them has
7 offered complete support for anything that we may
8 need, from legislative assistance to the most
9 basic outreach support.
10 And I know that words are not hollow
11 promises. You all are completely committed to
12 Fort Drum, and I can feel that. A few examples.
13 Over the last few years, the Army
14 has committed to ensuring that our soldiers
15 transitioning out of the Army are afforded the
16 best opportunities to find employment. We call
17 this our "Soldier for Life" Transition Assistance
18 Program. And here in New York, representatives
19 from the Department of Labor, Department of
20 Veterans Affairs, and transition counselors have
21 stepped forward to work with employees from the
22 Department of Human Resources to provide
23 assistance to soldiers, families, veterans and
24 retirees.
25 This program is also in constant
1321
1 contact with statewide employers, economic
2 development agencies, trade schools and
3 universities to promote opportunities for these
4 soldiers and their family members transitioning
5 from active-duty life to civilian life.
6 We in the Army have a disciplined,
7 values-based workforce who on the foreign
8 battlefields have earned their rightful place in
9 our civilian workforce. We owe it to them to
10 provide employment opportunities right here in
11 New York. Let us continue to infuse our civilian
12 workforce with these young, disciplined patriots.
13 Another example is our Solar-Ready
14 Vets program. Last month, Lieutenant Governor
15 Kathy Hochul traveled to Fort Drum for our first
16 graduating class. This national training program
17 is led by the U.S. Department of Energy to
18 prepare veterans for post-military careers in
19 solar-related occupations.
20 The Fort Drum program, which was
21 created through collaboration with the New York
22 State Energy Research and Development Authority
23 and SUNY Canton, is the first of its kind in the
24 state, and transitioning soldiers who graduate
25 are ready to enter the solar industry, one of the
1322
1 fastest growing industries in the state. This
2 initiative will continue to create good jobs,
3 bring investment to our communities, and
4 ultimately protect the environment.
5 This is just one of several examples
6 of how the relationship between New York State
7 and Fort Drum is so valuable.
8 Finally, all of you. You have all
9 repeatedly demonstrated support for Fort Drum,
10 passing legislation to fund several key projects,
11 hundreds of millions of dollars over the years
12 for infrastructure improvements, housing
13 projects, and transportation initiatives, the
14 latest of which is an offer of $25 million for
15 Route 26 improvements and construction of an
16 overpass that will connect our cantonment area
17 with our airfield.
18 All of this resulted in growth for
19 Fort Drum while stimulating the local economy and
20 enriching the lives of many in the North Country.
21 And the investment that Fort Drum
22 provides is equally impressive. In 2015 alone,
23 our projects, soldiers and families injected more
24 than $1.2 billion into the North Country economy.
25 And since 1988, this one lone Army installation
1323
1 has infused more than $22.2 billion into the
2 local economy. It is clear to see that New York
3 is good for Fort Drum, and Fort Drum is good for
4 New York.
5 From the millions of dollars of
6 infrastructure to the effort that goes into
7 programs to assist soldiers transitioning out of
8 the Army, New York's continued investment in
9 Fort Drum and the 10th Mountain Division does not
10 go unnoticed. It doesn't go unnoticed by us, it
11 doesn't go unnoticed by the North Country, and it
12 does not go unnoticed by the senior leaders of
13 the United States Army.
14 Let me close with a few final
15 thoughts. Precisely like each of you, we are
16 soldiers and we are here to serve. Together with
17 you, we join in lives of service. But our
18 challenges are not completely similar because, in
19 the end, you work for our citizens while we work
20 for our elected officials. Our elected officials
21 are they who decide what we will do, when and
22 where, and for what purpose we will do it. We
23 rely on our elected officials to understand what
24 it means to use us, what it means to order us
25 forward into harm's way into a foreign land, and
1324
1 to understand all that goes with those orders.
2 And I only mention this to highlight
3 the individuals that we rely on to accomplish
4 these missions. You sometimes hear older
5 generations disparage America's youth. And while
6 every generation has its challenges, I am not the
7 least bit concerned with our current generation
8 of young Americans, because young Americans that
9 I know, the young Americans that I work with, are
10 no different from our soldiers from any other
11 generation. They are simply magnificent.
12 And if you doubt me, I invite you to
13 spend time with our soldiers. Ask them why they
14 serve. Come see firsthand those among us who
15 have stepped forward, raised their right hand,
16 and uttered the oath "I do solemnly swear to
17 support and defend the Constitution of the United
18 States of America against all enemies, so help me
19 God."
20 These young Americans represent
21 every state, every territory of the Union. But
22 make no mistake, when we are assigned to
23 Fort Drum, we are New Yorkers, and we proudly
24 represent this state.
25 Once again, on behalf of Major
1325
1 General Bannister and all the 10th Mountain
2 Division, Fort Drum and the North Country, we are
3 truly grateful for your ongoing support and we
4 look forward to sustaining a valuable and
5 mutually beneficial relationship between
6 Fort Drum and the North Country region. I do
7 solemnly swear, so help me God.
8 Climb to glory!
9 (Standing ovation.)
10 ACTING PRESIDENT CROCI: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: Yes, could we
13 please take up the noncontroversial reading of
14 the calendar.
15 ACTING PRESIDENT CROCI: Very well.
16 And Senator Ritchie has opened the
17 resolution for cosponsorship. If you do not wish
18 to cosponsor, please notify the desk.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number 70,
21 by Senator Serrano, Senate Print 956, an act to
22 amend the Parks, Recreation and Historic
23 Preservation Law.
24 ACTING PRESIDENT CROCI: Read the
25 last section.
1326
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: Ayes, 60.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number 71,
10 by Senator Valesky, Senate Print 639, an act to
11 amend the Social Services Law.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 184, by Senator Little, Senate Print 6650A, an
24 act to authorize.
25 ACTING PRESIDENT CROCI: Read the
1327
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect July 20, 2016.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 191, by Senator Young, Senate Print 3060A, an act
12 to amend the Environmental Conservation Law.
13 ACTING PRESIDENT CROCI: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT CROCI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 220, by Senator Avella, Senate Print 1148, an act
25 to establish.
1328
1 ACTING PRESIDENT CROCI: Read the
2 last section.
3 THE SECRETARY: Section 6. 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, 60.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 221, by Senator LaValle, Senate Print 1442A, an
13 act to amend the Education Law.
14 SENATOR GIANARIS: Lay it aside.
15 ACTING PRESIDENT CROCI: The bill
16 will be laid aside.
17 THE SECRETARY: Calendar Number
18 234, by Senator Klein, Senate Print 1940, an act
19 to amend the General Municipal Law.
20 ACTING PRESIDENT CROCI: Read the
21 last section.
22 THE SECRETARY: Section 22. This
23 act shall take effect the first of January.
24 ACTING PRESIDENT CROCI: Call the
25 roll.
1329
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59. Nays, 1.
3 Senator Sanders recorded in the negative.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 245, by Senator Griffo, Senate Print 3132, an act
8 to amend the Public Authorities Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 5. 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, 60.
17 ACTING PRESIDENT CROCI: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 250, by Senator Griffo, Senate Print 6024A, an
21 act to amend the Public Service Law.
22 ACTING PRESIDENT CROCI: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 60th day.
1330
1 ACTING PRESIDENT CROCI: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT CROCI: Senator
5 Hoylman to explain his vote.
6 SENATOR HOYLMAN: Mr. President, to
7 explain my vote.
8 I'll be voting against this bill
9 today. While it's important that we try to
10 extend energy to underserved areas, we shouldn't
11 be doing it on the back of consumers. We should
12 be relying on the private sector, the unregulated
13 private sector, to do what they're supposed to
14 do.
15 And today, also, a report was issued
16 by the Atmospheric Chemistry and Physics Journal,
17 which shows that global warming is happening at
18 an even greater rate than anybody would have
19 imagined. The sea level was thought previously
20 to rise in hundreds of years, but according to
21 this new study by a group of 19 leading climate
22 scientists, including James E. Hansen of the
23 Columbia University Earth Institute, it's
24 actually going to occur over the next 50 years.
25 This has the potential,
1331
1 Mr. President, to create immense new powerful
2 superstorms and of destroying, according to the
3 report, virtually the entirety of the world's
4 coastal cities. Forty-four percent of the
5 world's population is at risk -- 123 million
6 people in the U.S., 39 percent of the population
7 of this country.
8 We shouldn't be facilitating the
9 extension of fossil fuels. More importantly, we
10 shouldn't have consumers pay for them. We should
11 be researching ways to provide renewable energies
12 to New Yorkers.
13 So I'll be voting no. Thank you.
14 ACTING PRESIDENT CROCI: Senator
15 Hoylman to be recorded in the negative.
16 Announce the result.
17 THE SECRETARY: In relation to
18 Calendar 250, those recorded in the negative are
19 Senators Dilan, Hoylman, Perkins and Sanders.
20 Ayes, 56. Nays, 4.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 257, by Senator Venditto, Senate Print 3840, an
25 act to amend the General Business Law.
1332
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, 60.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 258, by Senator Golden, Senate Print 4916A, an
13 act to amend the General Business Law.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT CROCI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 307, by Senator LaValle, Senate Print 229, an act
1333
1 to amend the Education 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. Nays, 1.
10 Senator Latimer recorded in the negative.
11 ACTING PRESIDENT CROCI: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 334, by Senator Boyle, Senate Print 6740, an act
15 to authorize.
16 ACTING PRESIDENT CROCI: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT CROCI: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59. Nays, 1.
24 Senator Bonacic recorded in the negative.
25 ACTING PRESIDENT CROCI: The bill
1334
1 is passed.
2 Senator DeFrancisco, that completes
3 the reading of the noncontroversial calendar.
4 SENATOR DeFRANCISCO: All right.
5 Before I go on, I should have mentioned earlier
6 that Senator Ritchie's resolution for Fort Drum
7 should have been opened for cosponsorship. And
8 can we do that now?
9 ACTING PRESIDENT CROCI: Yes,
10 Senator DeFrancisco, we made the chamber aware
11 that anyone who does not wish to be a cosponsor
12 should notify the desk.
13 SENATOR DeFRANCISCO: All right,
14 can we now go back to motions and resolutions and
15 take up previously adopted Resolution 3406, by
16 Senator Griffo, read it -- (to Senator Griffo)
17 title only? -- read it in its entirety and call
18 on Senator Griffo.
19 ACTING PRESIDENT CROCI: Motions
20 and resolutions.
21 The Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 3406, by Senator Griffo,
24 commemorating the 200th anniversary of the State
25 University of New York at Potsdam, to be feted
1335
1 with a year-long celebration.
2 "WHEREAS, It is the sense of this
3 Legislative Body to recognize and commend those
4 institutions of true purpose and high achievement
5 whose exemplary programs and accomplishments
6 clearly demonstrate an enduring pursuit of
7 excellence in higher education for the youth of
8 this noble Empire State; and
9 "WHEREAS, This Legislative Body is
10 justly proud to commemorate the 200th anniversary
11 of the State University of New York at Potsdam,
12 to be celebrated with a myriad of events and
13 festivities planned throughout the year; and
14 "WHEREAS, The State University of
15 New York (SUNY) at Potsdam kicked off its
16 bicentennial celebration during Welcome Weekend
17 in the fall of 2015; the college's 200th birthday
18 party will take place in March of 2016,
19 highlighting the signing of the charter of
20 St. Lawrence Academy in 1816; and
21 "WHEREAS, From its humble beginnings
22 in a one-room schoolhouse, SUNY Potsdam has grown
23 to become a leader in creativity, applied
24 learning and educational excellence; and
25 "WHEREAS, More than 200 years ago,
1336
1 settlers from the original colonies began to
2 migrate to Northern New York; in need of new
3 places to settle and farm, the New York
4 Legislature posted lands which included Potsdam,
5 for sale in 1786, two years before the colony
6 became a state by ratifying the newly written
7 United States Constitution; and
8 "WHEREAS, In 1806, the Town of
9 Potsdam was officially incorporated; from that
10 time on, the settlers and their families came,
11 almost all from Vermont, pushing their way
12 westward through the woods; and
13 "WHEREAS, The early settlers in
14 Potsdam lived a difficult and uncertain life;
15 however, the urge for progress prompted an early
16 movement for education; in 1811, Benjamin Raymond
17 paid for the construction of a small one-room
18 building, which would serve as a church,
19 schoolhouse and meetinghouse; and
20 "WHEREAS, On December 1, 1812, the
21 residents of Potsdam sent a formal petition to
22 the New York State Board of Regents to establish
23 St. Lawrence Academy; unfortunately, the movement
24 for incorporation coincided with the War of 1812;
25 and
1337
1 "WHEREAS, Despite the uncertain
2 times, residents were determined to raise both
3 funds and support for their academy; a
4 subscription drive continued through the war,
5 raising 'a liberal sum' by 1814, with 312 shares
6 of $100 each invested in the enterprise; in
7 addition, the town set aside 'literature lots,'
8 which could be leased for a fee, with the
9 proceeds intended for the benefit of the new
10 college; and
11 "WHEREAS, On March 25, 1816, the
12 charter founding St. Lawrence Academy was signed,
13 and work could commence on the school; the
14 trustees of the new institution had plenty of
15 tasks ahead, first and foremost, hiring an
16 instructor, as well as setting a curriculum,
17 establishing tuition and finding room and board
18 for students; and
19 "WHEREAS, Environmental hardships,
20 brought on by a shorter than normal growing
21 season, coupled with economic hardship coinciding
22 with a nationwide recession, made for a meager
23 first year for the new St. Lawrence Academy; with
24 only one teacher, the school opened its doors to
25 students for the first time on September 30,
1338
1 1816; and
2 "WHEREAS, Even though the people of
3 Potsdam were struggling, they realized the
4 importance of education and who gave of their
5 meager earnings to make the endeavor a success;
6 appreciating the sacrifice of the residents,
7 New York State gave special funds to support its
8 teacher education program and to help construct a
9 much-needed new building; and
10 "WHEREAS, As New York began to
11 follow the Prussian-style model of Normal
12 Schools, it was fitting that Potsdam, named after
13 the capital of Prussia, rallied to win
14 designation for one of these institutions; from
15 there, the campus was absorbed into the State
16 Teachers College System and finally into the
17 newly created State University of New York
18 system; and
19 "WHEREAS, As one of America's first
20 50 colleges, St. Lawrence Academy was at the
21 vanguard of a new movement in education, as the
22 curriculum shifted to meet the needs of new
23 generations and a growing country; and
24 "WHEREAS, Through the years, SUNY
25 Potsdam has always strived to be an innovator,
1339
1 pioneering new curricula in teaching, music
2 education, mathematics and computer science; the
3 school has a proud history of educating
4 New York's and the nation's future teachers and
5 exceptional musicians; and
6 "WHEREAS, Today, SUNY Potsdam
7 continues to thrive on its founding spirit of
8 perseverance and community engagement which has
9 persisted since its founding 200 years ago; under
10 the visionary guidance of President Kristin
11 Esterberg, Ph.D., SUNY Potsdam stands proud and
12 prominent, always looking to the future and the
13 needs of those it serves; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to commemorate
16 the 200th anniversary of the State University of
17 New York at Potsdam, noting the propriety of its
18 goals, the constancy of its commitment, and the
19 significance of its accomplishments in preparing
20 the youth of today and leaders of tomorrow; and
21 be it further
22 "RESOLVED, That a copy of this
23 resolution, suitably engrossed, be transmitted
24 to President Kristin Esterberg, Ph.D., the State
25 University of New York at Potsdam."
1340
1 ACTING PRESIDENT CROCI: Senator
2 Griffo.
3 SENATOR GRIFFO: Thank you,
4 Mr. President.
5 I think it was important that that
6 was read because this is a significant milestone
7 in the college's history.
8 I also want to recognize, as I begin
9 some brief remarks today, in attendance with us
10 is the 16th president of the State University of
11 New York at Potsdam, Dr. Kristin Esterberg.
12 Dr. Esterberg, if you'd please rise.
13 Along with her are several students and members
14 of the staff. If you will all rise, and maybe we
15 can give them a round of applause.
16 (Applause.)
17 SENATOR GRIFFO: Thank you all for
18 being here today.
19 I want to thank you again, too,
20 Dr. Esterberg, for all of your leadership.
21 During your beginning of your tenure at Potsdam
22 State, you have many challenges, but you have an
23 extraordinary talented staff. You are very
24 energetic, and I know you possess the passion and
25 the resources within you to have a great
1341
1 presidency and to do some great things for this
2 college. So we're proud of you and Potsdam
3 State, and I thank you for being with us today.
4 This is an important part of the
5 North Country. We heard today about Fort Drum, a
6 very valuable military asset for our nation.
7 Likewise, at the State University of New York at
8 Potsdam, they play a significant role in the
9 growth and the development throughout the North
10 Country economically.
11 They are an outstanding college with
12 an outstanding mission. They have done so many
13 good things over time. One of the greatest
14 things we recognize Potsdam for is the Crane
15 School of Music, which was formed in 1886 by
16 Julia Crane -- one of the first public
17 institutions dedicated to the teaching of music
18 in the State of New York. They have played a
19 pivotal role in educating many well-known
20 classical performers, some of which I would just
21 mention.
22 Renée Fleming, who's an operatic
23 soprano with the New York City Opera and the
24 Metropolitan Opera. And she's performed at the
25 Super Bowl; I think it was Super Bowl 48;
1342
1 Stephanie Blythe, a mezzo-soprano, another
2 regular performer at the Met; and Lisa Vroman, a
3 a well-known performer who is recognized for her
4 performances in the Phantom of the Opera and has
5 a number of other stage credits on Broadway.
6 There are many other alumni worthy
7 of merit because the college has produced many
8 outstanding scholars and athletes and talented
9 musicians over the years.
10 In 2014, we had the honor of
11 unveiling a 97,000-square-foot performing arts
12 center. With the help of this body, we were able
13 to find those resources to put in the capital,
14 thanks to the leadership of our Higher Education
15 chairman, Senator LaValle. Those type of
16 enhancements that allow SUNY Potsdam to continue
17 to grow and to continue its contributions to the
18 world of entertainment and the arts.
19 Some of the notable alumni, other
20 notable alumni that I want to recognize today:
21 Eileen Whelley, who's the executive vice
22 president of human resources NBC Universal. The
23 former coach of the Providence Friars, Tim Welsh,
24 who reached the NCAA Tournament several times
25 under his direction, and now a college basketball
1343
1 analyst for ESPN -- who, I may add, are in the
2 other chamber as we speak as they debate a bill
3 that we had here previously. Also, Stephan
4 Savoia, a two-time Pulitzer Prize-winning
5 photographer for the Associated Press. These are
6 some of the great alumni.
7 Two others are in this chamber:
8 Senator David Valesky, and Senator Patty Ritchie,
9 both distinguished alumni of the university.
10 So today, it's an honor to have you
11 here, Dr. Esterberg, along with the students and
12 other staff at Potsdam, to be here so we can
13 recognize this bicentennial, all the things that
14 you have done over time to create an academic
15 presence of excellence. You are well renowned,
16 not only for what you do as a higher education
17 institution, but what you mean to the people who
18 attend the college, who work at the college, and
19 to the North Country.
20 So I just commend you. Happy 200,
21 by the way. Potsdam is the oldest unit of the 64
22 campuses, but you still look pretty good.
23 So God bless you, happy bicentennial
24 looking forward, and thanks for being here today.
25 And, Mr. President, I ask that we
1344
1 extend the courtesies of the house to the
2 president and the students and faculty and staff
3 that are here.
4 ACTING PRESIDENT CROCI: The Senate
5 welcomes you, and we extend our congratulations
6 and all the courtesies of the house.
7 The Senator has asked that the
8 resolution be opened up for cosponsorship. If
9 anyone does not wish to be a cosponsor, please
10 notify the desk.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Yes. Could
13 you also take up previously adopted Resolution
14 3624, by Senator Espaillat, read it in its
15 entirety, and call on Senator Espaillat.
16 ACTING PRESIDENT CROCI: The
17 Secretary will read.
18 THE SECRETARY: Legislative
19 Resolution Number 3624, by Senator Espaillat,
20 commemorating the 50th anniversary of the
21 Dominican Cultural and Sports Center of New York,
22 Inc., on March 22, 2016.
23 "WHEREAS, It is the custom of this
24 Legislative Body, in keeping with its
25 time-honored traditions, to recognize and pay
1345
1 tribute to those organizations which foster
2 ethnic pride and enhance the profile of cultural
3 diversity which strengthens the fabric of the
4 communities of New York State; and
5 "WHEREAS, Attendant to such concern,
6 and in full accord with its long-standing
7 traditions, this Legislative Body is justly proud
8 to commemorate the 50th anniversary of the
9 Dominican Cultural and Sports Center of New York,
10 Inc., to be celebrated on Tuesday, March 22,
11 2016; and
12 "WHEREAS, For over five decades, the
13 Dominican Cultural and Sports Center of New York
14 has fostered a spirit of unity, sportsmanship,
15 and cultural pride for Dominicans living in the
16 Washington Heights neighborhood of Manhattan and
17 beyond; and
18 "WHEREAS, With a long history of
19 immigration to the United States dating back to
20 the arrival of Juan Rodriguez in New Amsterdam in
21 1613, successive generations of Dominicans have
22 come to America in search of prosperity and to
23 begin new lives; and
24 "WHEREAS, However, after the fall of
25 the regime of Rafael Leonidas Trujillo Molina in
1346
1 the 1960s, many Dominicans emigrated to the
2 United States in order to escape the widespread
3 political persecution and social instability
4 happening at the time in the Dominican Republic;
5 and
6 "WHEREAS, Forced away from their
7 loved ones to settle in the New York City
8 boroughs of the Bronx, Queens, Brooklyn and
9 Manhattan, many Dominicans faced the challenges
10 of an unfamiliar language, cultural customs,
11 food, and climate, as well as a longing for what
12 they had left behind; and
13 "WHEREAS, As a large number of
14 Dominican immigrants began to settle in
15 Washington Heights, one group of friends and
16 domino game lovers began to create an
17 organization for maintaining their cultural roots
18 which converged on weekends at different
19 apartments; and
20 "WHEREAS, At a meeting in the summer
21 of 1964, a firm decision was made to form a
22 social club to play dominoes and other games,
23 emulating models established at that time in the
24 Dominican Republic; the first interim board
25 consisted of President Guaroa Well,
1347
1 Vice-President Eduardo Payero, Treasurer Ramon de
2 La Hoz, Victor Gil, Luis Cepeda, Conrad Guzman,
3 Rafael Diaz and Rafael Innocent; and
4 "WHEREAS, On March 23, 1966, this
5 new institution was incorporated in the New York
6 State Capital in Albany, New York, as the
7 Dominican Sports Club; a permanent club location
8 was selected at 2186 Amsterdam Avenue, and its
9 members also established statutes and rules to
10 govern the handling of its operation under its
11 first president, Guaroa Bueno; and
12 "WHEREAS, As its membership
13 continued to grow, the Dominican Sports Club
14 began to encourage its members to assess and
15 understand their homeland from a new social
16 perspective; the organization also welcomed its
17 first partners: Geraldo Espinal, Ramon Garcia,
18 Mario Jose Nunez, Francisco Perez, Octavio
19 Jimenez, Jose Rodriguez, Miguel Payano, Salvador
20 Garcia, and Rafael Vargas; and
21 "WHEREAS, Over the years, the
22 Dominican Sports Club, now the Dominican Cultural
23 and Sports Center of New York, Inc., has remained
24 steadfast in its commitment to helping its
25 countrymen express themselves and channel their
1348
1 energies in a spirit of friendship and cultural
2 pride, while also striving to make a difference
3 in the Dominican immigrant community; and
4 "WHEREAS, Today, the Dominican
5 Cultural and Sports Center of New York, Inc., is
6 not only respected for its achievements in
7 traditional sports activities like dominoes, but
8 is also known for fostering great athletes in
9 such disciplines as softball, bowling, billiards,
10 ping pong, and karate; and
11 "WHEREAS, The success of the
12 Dominican Cultural and Sports Center of New York,
13 Inc., is in direct correlation to the efforts of
14 its members and staff, whose involvement is and
15 always has been characterized by an impressive
16 commitment, an unbridled enthusiasm, and an
17 uncompromising standard of excellence in all
18 endeavors on behalf of this institution and the
19 community it serves; and
20 "WHEREAS, It is the sense of this
21 Legislative Body that when cultural organizations
22 of such noble aims and accomplishments are
23 brought to our attention, they should be
24 celebrated and recognized by all the citizens of
25 this great Empire State; now, therefore, be it
1349
1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to commemorate
3 the 50th anniversary of the Dominican Cultural
4 and Sports Center of New York, Inc., noting the
5 significance of its unremitting efforts, and
6 wishing the organization continued success for
7 many years to come; and be it further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 the Dominican Cultural and Sports Center of
11 New York, Inc."
12 ACTING PRESIDENT CROCI: Senator
13 Espaillat.
14 SENATOR ESPAILLAT: Thank you,
15 Mr. President.
16 I rise -- unfortunately, we rose
17 today heavy in heart with the events that
18 occurred in Brussels. But, you know, we move
19 forward, and we received men and women of the
20 armed forces here, and of course another
21 presentation made from an academic institution in
22 New York State.
23 And it's telling that a nation is
24 not just bounded by its boundaries, it's made up
25 of people. And therefore we move forward as a
1350
1 nation, and we recognize those that have done
2 well for our state and our country. And so we
3 recognized the armed forces, academia, and now I
4 stand to recognize community.
5 And by that I mean the Club
6 Deportivo Cultural Dominicano, which celebrates
7 tomorrow, on the 23rd, its 50th anniversary.
8 That is a sports and cultural club that engages
9 the community in sports activity from softball to
10 bowling to karate. They also engage in dominoes
11 and other games, and engage families in a
12 day-to-day effort to ensure that they do the
13 right thing.
14 And so they've been around for five
15 decades, a half a century. And that is telling.
16 And that contributes also in many ways to
17 strengthening the state and the country, to
18 strengthening communities across New York City
19 and this great state.
20 And so they're here, I believe for
21 the first time. It is a fitting day for them to
22 be here, as they celebrate their 50th
23 anniversary. And they have been right in the
24 middle of the community. They have been
25 community-based and provided day-to-day
1351
1 activities for people that come from the
2 Dominican Republic, from all walks of life, from
3 the Caribbean they go to Club Deportivo Cultural
4 Dominicano, and they engage in positive
5 activities. They strengthen our communities.
6 And they are here represented by the
7 current president, Milagros Vasquez, a woman
8 who's here with us today; also the secretary,
9 Santiago Cruz, is here. And the governor of the
10 club is Cristina Rodriguez. And also, welcoming
11 the three ladies here, Sandra Espaillat -- yes,
12 Espaillat -- who was the president, the first
13 woman president, in 2006.
14 In addition to them, we have in the
15 balcony a healthy delegation from the club, with
16 several of the past presidents, including Juan
17 Morales Santana, from 1993; you have also
18 Salvador Espaillat, 2003; you have Daniel
19 Martinez, from 2010; you have Jorge Reynoso from
20 2004, Pedro Nieves, 2007; Rafael Dris Pimentel,
21 2015; Silvestre Acevedo, 2014; and Carlos
22 Leerdam, 2012.
23 These are the former presidents that
24 are here for this very important institution,
25 which today is 50 years old. And so we're happy
1352
1 to have them here, Mr. President. We hope that
2 you extend them the courtesies of this house.
3 Thank you.
4 ACTING PRESIDENT CROCI: Senator
5 Díaz.
6 SENATOR DÍAZ: Thank you,
7 Mr. President.
8 Once again, ladies and gentlemen,
9 once again, I go back to history. Today this
10 great Dominican who sits to my right, this great
11 Dominican, Senator Adriano Espaillat, is bringing
12 today to this chamber members of the Club
13 Deportivo Cultural Dominicano because they are
14 celebrating 50 years of life, half a century.
15 Today, ladies and gentlemen, the
16 Dominican community is a very strong and faithful
17 community. Not 50 years ago. Today the
18 Dominican community has power, political power in
19 the state, in the City of New York. Not 50 years
20 ago. Today, the Dominican community counts, with
21 Senators, Assemblymembers, City Councilmembers,
22 judges, lawyers, all kinds of personalities in
23 different stations in life -- but not 50 years
24 ago. Today the Dominican community is looked up
25 to for every candidate for elected official for
1353
1 their support -- but not 50 years ago. Today,
2 today, the Dominican community is part of any
3 political issue of anything that is done in the
4 City of New York -- but not 50 years ago.
5 Why am I saying not 50 years ago,
6 Mr. President? Because 50 years ago they were
7 not known. But there was groups, groups like the
8 Club Deportivo Cultural Dominicano, 50 years ago.
9 When nobody was around. When Espaillat was not
10 around, when Senator Díaz was not around. With
11 no Senators, with no judges, with no
12 Assemblymembers, with no City Councilmembers, the
13 Club Deportivo Cultural Dominicano was there,
14 fighting, opening doors, taking all the heat.
15 Opening doors so the Dominican community today
16 could have such a strong position.
17 So therefore, therefore,
18 Mr. President and ladies and gentlemen, we have
19 to honor, we have to recognize groups like the
20 Club Deportivo Cultural Dominicano and the past
21 presidents that have been fighting the good fight
22 and that have been opening doors for the
23 Dominican community.
24 Today we're here celebrating
25 50 years, 50 years. Adriano, I don't know, where
1354
1 were you 50 years ago? But 50 years ago, the
2 Club Deportivo Cultural Dominicano was fighting
3 the good fight.
4 And today (to guests) -- today,
5 madam president, and to the governor and to the
6 secretary and to all you past presidents, let me
7 tell you two paragraphs from the International
8 Dominican. It says like that: {in Spanish}.
9 To you, Dominican men and women that
10 have been fighting the good fight, that have been
11 opening doors for 50 years, God bless you all.
12 Thank you for coming here today.
13 And thank you, Senator Espaillat,
14 for bringing this magnificent group, the Club
15 Deportivo Cultural Dominicano, to this chamber on
16 its 50-year anniversary. God bless you.
17 Thank you, Mr. President.
18 (Applause.)
19 ACTING PRESIDENT CROCI: The Senate
20 welcomes you and congratulates you on your 50th
21 anniversary, and extends to you all the
22 courtesies and privileges of the house.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: I just had a
25 question. How many years has it been?
1355
1 (Laughter.)
2 ACTING PRESIDENT CROCI: I believe
3 the Senator stated 50, Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Okay.
5 Senator Espaillat has opened this for
6 cosponsorship to the entire floor.
7 ACTING PRESIDENT CROCI: The
8 resolution is open for cosponsorship. If you do
9 not want to be a cosponsor, please notify the
10 desk.
11 SENATOR DeFRANCISCO: Now can we go
12 back to take up the one bill on the controversial
13 calendar.
14 ACTING PRESIDENT CROCI: The
15 Secretary will ring the bell.
16 THE SECRETARY: Calendar Number
17 221, by Senator LaValle, Senate Print 1442A, an
18 act to amend the Education Law.
19 SENATOR KRUEGER: Explanation.
20 ACTING PRESIDENT CROCI: Senator
21 Krueger.
22 SENATOR KRUEGER: Explanation,
23 please.
24 ACTING PRESIDENT CROCI: Senator
25 LaValle.
1356
1 SENATOR LaVALLE: Yes, I'd be happy
2 to.
3 Could you bring this over to Senator
4 Krueger?
5 So as many of you know, there are
6 several configurations of the formation of a
7 school district. There's a less than eight
8 teacher, called a common school district; there
9 is union free; and a central high school district
10 as well as a central district. We're talking
11 here about a central high school district.
12 There are central high school
13 districts in Nassau County. And during my tenure
14 here, we created a central high school district
15 in Suffolk County. So in other parts of the
16 state, central high school districts -- not to be
17 confused with centralized districts -- are
18 formed.
19 This legislation -- and I gave to
20 Senator Krueger a map of the south fork of my
21 district, and we're talking basically about
22 East Moriches and going forward. And we have
23 many districts that are either common school
24 districts or union free districts.
25 I've been a leader in the state in
1357
1 reorganization and trying various ways of getting
2 school districts to come together to join
3 together in an efficient way. In Suffolk County,
4 as I had indicated, we have the central high
5 school district law -- and again, it's in
6 Nassau County, I don't believe it exists anyplace
7 else in the state -- and we specifically talk
8 about the districts that potentially would like
9 to come together in a central high school
10 district. Those districts are either common
11 school districts or union free.
12 So we list them here. Why do we do
13 that? Because the Assembly, in discussions,
14 wanted to know -- they thought there was some
15 clandestine reason that we had indicated that the
16 districts not be contiguous. But if you see the
17 map, there are districts that would like to -- if
18 you look at the legislation, they're not
19 contiguous -- but would like to join together in
20 an organizational structure called a central high
21 school district.
22 And that's it. It's very
23 straightforward. We believe that reorganization
24 does two things -- in some cases, saves money,
25 but we also know that it provides, it provides a
1358
1 good education or a better education that those
2 districts can offer rather than stay on their
3 own. So that's it, Senator.
4 ACTING PRESIDENT CROCI: Senator
5 Krueger.
6 SENATOR KRUEGER: Thank you.
7 Through you, Mr. President, if the sponsor would
8 yield.
9 ACTING PRESIDENT CROCI: Will the
10 sponsor yield?
11 SENATOR LaVALLE: Of course.
12 ACTING PRESIDENT CROCI: The
13 sponsor will yield.
14 SENATOR KRUEGER: So I want to
15 thank the sponsor for the explanation and the
16 map. I also actually got some maps printed out
17 for me, because I knew we would be talking
18 geography and I always need maps for that.
19 So I appreciate the explanation of
20 Suffolk law and what is a central school district
21 for high schools. What I don't understand is why
22 do you need this bill to allow noncontiguous
23 school districts to combine? Is there a problem
24 with contiguous school districts combining?
25 ACTING PRESIDENT CROCI: Senator
1359
1 LaValle.
2 SENATOR LaVALLE: They could do
3 that already. Through you, Mr. President, they
4 could do that already.
5 But right now as I'm working, my
6 sleeves rolled up, with these districts, they're
7 listed there because those are districts that
8 would like to come into some potential
9 configuration called a central high school
10 district.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT CROCI: Will the
15 sponsor continue to yield?
16 SENATOR LaVALLE: Yes.
17 ACTING PRESIDENT CROCI: The
18 sponsor will yield.
19 SENATOR KRUEGER: So this bill
20 lists out quite a few school districts in your
21 section of Suffolk County. Can all of them
22 become one central school district under this
23 bill if they want?
24 SENATOR LaVALLE: No. Senator --
25 Senator --
1360
1 SENATOR KRUEGER: Yup.
2 ACTING PRESIDENT CROCI: Through
3 the chair, Senators.
4 SENATOR LaVALLE: I keep repeating
5 myself because there's a reason. We are not
6 creating a centralized district --
7 SENATOR KRUEGER: Central high
8 school.
9 SENATOR LaVALLE: -- we are
10 creating or would like to create a central high
11 school district.
12 SENATOR KRUEGER: Through you,
13 Mr. President, the sponsor is correct. I
14 misspoke.
15 Under this bill, can more than --
16 can all of the districts listed form one central
17 high school?
18 ACTING PRESIDENT CROCI: So will
19 the sponsor continue to yield for a question?
20 SENATOR LaVALLE: Under --
21 ACTING PRESIDENT CROCI: Senator
22 LaValle --
23 SENATOR LaVALLE: -- under my
24 original bill --
25 ACTING PRESIDENT CROCI: Senator
1361
1 LaValle, will you continue to yield for a
2 question?
3 SENATOR LaVALLE: I do. Through
4 you, Mr. President.
5 ACTING PRESIDENT CROCI: Thank you.
6 SENATOR LaVALLE: Senator, in my
7 original bill the answer would have been broader
8 than the districts listed here, but the Assembly
9 wanted to line out the specific districts.
10 So these districts are itemized in
11 the legislation but would not include districts
12 on the North Shore, Shelter Island, Fishers
13 Island, way up at the top of your map that is
14 closest to Connecticut than it is to the parent
15 town of Southold. So -- yeah, I mean -- I think
16 the Assembly felt more comfortable knowing what
17 the districts are.
18 SENATOR KRUEGER: Through you,
19 Mr. President, if the sponsor will continue to
20 yield.
21 SENATOR LaVALLE: Yes.
22 ACTING PRESIDENT CROCI: Will the
23 sponsor yield for a question?
24 Yes, proceed.
25 SENATOR KRUEGER: So yes, I see on
1362
1 the map and from the bills the list of the groups
2 of the different school districts that might be
3 interested in creating a central high school.
4 One question -- through you,
5 Mr. President -- is, is the Senator talking with
6 all the school districts listed in the bill about
7 combining for one high school, or is it some
8 subset? In which case, why aren't those
9 districts itemized out within this?
10 ACTING PRESIDENT CROCI: Senator
11 LaValle.
12 SENATOR LaVALLE: Through you.
13 We started in East Moriches, if you
14 look at your map, and we went out to Montauk.
15 One of the districts that we included here is
16 Bridgehamton. Bridgehamton is probably the least
17 likely -- if Bridgehamton came running forward
18 and said, Senator LaValle, we want to be part of
19 the newly formed central high school district, I
20 would pass out with such surprise.
21 But we listed them because we wanted
22 to show a pathway from East Moriches out to
23 Montauk. So East Moriches is in the western part
24 of the East End of my district. And Montauk, you
25 can't go any further; you're in the Atlantic
1363
1 Ocean going to England.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor will continue to
4 yield.
5 ACTING PRESIDENT CROCI: Will the
6 Senator continue to yield?
7 SENATOR LaVALLE: Yes.
8 ACTING PRESIDENT CROCI: Senator
9 Krueger.
10 SENATOR KRUEGER: Thank you.
11 So I'm looking at the map and I'm
12 listening to the sponsor describe the various
13 school districts that might potentially go into
14 some kind of deal to have a central high school
15 with noncontiguous district lines skipping over
16 certain towns but including others. But there's
17 one school district on this chart that doesn't
18 seem to be listed in the bill, the Eastport-South
19 Manor School district.
20 SENATOR LaVALLE: There's a reason
21 for that.
22 SENATOR KRUEGER: That was my
23 question.
24 ACTING PRESIDENT CROCI: Senator --
25 Senator, through the chair, please.
1364
1 Is the question finished, Senator
2 Krueger?
3 SENATOR KRUEGER: Thank you, may I
4 just finish.
5 So yes, so why would we not include
6 a school district that is between East Moriches
7 and Remsenburg-Speonk?
8 SENATOR LaVALLE: Okay.
9 ACTING PRESIDENT CROCI: Senator
10 LaValle.
11 SENATOR LaVALLE: So I'm going to
12 answer your question, through the chair, but then
13 I would like you to answer me why are we going
14 through this -- I mean, why don't you tell me
15 what is your real question or problem with this
16 bill?
17 ACTING PRESIDENT CROCI: Senator,
18 through the chair, please.
19 SENATOR LaVALLE: Because, Senator,
20 I don't -- it's a very straightforward bill.
21 Now, I've indicated to you that I've
22 been very -- I've put forth a lot of ideas to
23 reorganize school districts, and I work with them
24 on an annual basis. And I try every creative
25 idea that you can come up with.
1365
1 So a number of years ago, about 18
2 years ago, I had a notion that there were two
3 districts -- there were actually four. There
4 were four school district that should have come
5 together. And what we did is for 18 torturous
6 months, I worked with four school districts
7 toward a reorganization plan. One of the
8 districts was Eastport, one of the districts was
9 South Manor, one of the districts was
10 East Moriches, and one of the districts was
11 Center Moriches. Eighteen months, once a week
12 for 18 months.
13 And so what we did is we actually
14 used the central high school district idea, and
15 then we went from a central high school district
16 to a central district. So the very district you
17 just mentioned is a reorganized school district,
18 having taken Eastport and South Manor.
19 The other two districts had
20 presidents of their boards that were attorneys
21 and, in the eleventh hour, after having spent
22 17 months at the negotiating table, said, Well,
23 you know, I don't know if this is the best for
24 our district, and they bailed out.
25 And I pleaded with them that they
1366
1 were not negotiating a personal injury settlement
2 and, number two, that their school taxes would
3 spike. And that's exactly what happened. Both
4 districts, Center Moriches and East Moriches,
5 faced increases in their real property taxes. At
6 one point or another after turning down joining
7 Eastport and South Manor, their taxes spiked 30
8 percent or more in both districts.
9 So -- but if you can really get
10 around and ask me a question here to get -- it's
11 like you're look at some clandestine reason for
12 this bill, and there is none. But I'm willing to
13 answer whatever question.
14 ACTING PRESIDENT CROCI: I would
15 remind the members to please address all remarks
16 through the chair.
17 SENATOR LaVALLE: Yes.
18 ACTING PRESIDENT CROCI: Senator
19 Krueger.
20 SENATOR KRUEGER: Thank you,
21 Mr. President. Through you, I appreciate the
22 sponsor's answers.
23 ACTING PRESIDENT CROCI: Will the
24 Senator continue to yield for a question?
25 SENATOR KRUEGER: Thank you.
1367
1 ACTING PRESIDENT CROCI: Senator
2 LaValle?
3 SENATOR LaVALLE: Of course I will.
4 ACTING PRESIDENT CROCI: Senator
5 Krueger.
6 SENATOR KRUEGER: Thank you.
7 So my concern -- and I will phrase
8 it as a question to the Senator -- is that
9 allowing noncontiguous communities to work
10 together to create central high schools and
11 leaving out others within the geographic area
12 puts us in a position of potentially allowing
13 communities --
14 ACTING PRESIDENT CROCI: Is there a
15 question, Senator Krueger?
16 SENATOR KRUEGER: Yes, there is a
17 question, thank you.
18 It puts us in a position in this
19 bill of allowing communities that might have
20 commonalities of higher-income, lower --
21 ACTING PRESIDENT CROCI: Senator,
22 are you asking if -- are you asking that of the
23 Senator?
24 SENATOR KRUEGER: I am asking. I
25 haven't finished the question. But he was asking
1368
1 me why am I asking this.
2 So I am saying -- through you,
3 Mr. President -- if we allow, as this bill would
4 do, noncontiguous school districts to be allowed
5 to combine into central high schools, the risk --
6 and this is the question for the sponsor -- the
7 risk is we could actually lock out poorer
8 children in sections within a specific geographic
9 area so that they could not participate in a
10 central high school. Which means we would say we
11 want this town's high school students, we want
12 this town's high school students, but we don't
13 want the students in between in our high school.
14 Because perhaps they are lower-income, perhaps
15 they are of color, perhaps we don't think they're
16 like our kids.
17 So my concern and my question to the
18 Senator is, how would we prevent that kind of
19 situation from happening if this became the law
20 and individual school districts who were not
21 contiguous could choose to package themselves as,
22 one, locking out others who may end up being in
23 much worse financial shape under these kinds of
24 deals?
25 ACTING PRESIDENT CROCI: Senator
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1 LaValle.
2 SENATOR LaVALLE: Senator, I
3 started off by saying that under the law as it
4 had existed, only contiguous districts -- and the
5 reason I gave you the map is so that you could
6 see that there are districts that are not
7 contiguous that would like to enter this
8 situation.
9 So that's why we have this bill
10 before us, because districts, because they were
11 not contiguous, were excluded.
12 Now, I had indicated to you that the
13 one district that would not -- they are happy to
14 be their own entity -- is the School District of
15 Bridgehamton.
16 Now, from -- and I'm guessing, I
17 know you visited the East End of my district.
18 And you get to see some of the larger homes in
19 Bridgehamton, but there's a whole other side of
20 Bridgehamton. And they love, they love having
21 their own high school in Bridgehamton and
22 wouldn't -- wouldn't reorganize with anyone.
23 So this is very straightforward. It
24 will allow all of those districts along that
25 fork, it will create one contiguous,
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1 tied-together -- that if they want, if they want
2 to reorganize in a central high school district,
3 they will now have that ability.
4 It doesn't force them. It doesn't
5 force anyone to do this. But it takes away the
6 one piece that never allowed them, and that's the
7 word -- removing the word "contiguous." So now
8 they're all -- they need not be contiguous.
9 SENATOR KRUEGER: Through you,
10 Mr. President, on the bill.
11 ACTING PRESIDENT CROCI: Senator
12 Krueger on the bill.
13 SENATOR KRUEGER: I don't actually
14 think the Senator answered my last question, even
15 though he urged me to ask it, which was should we
16 be concerned that school districts could jump
17 over other school districts to get to the ones
18 they like and not have to work with the one right
19 next door, which might be a population of
20 children and their families who they don't wish
21 to work with. I think that isn't really very
22 good public policy.
23 I'm not going to disagree that he
24 may know for a fact Bridgehamton doesn't want to
25 share its schools with anyone. My understanding
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1 is Southampton and Tuckahoe have attempted a
2 merger unsuccessfully in some way, shape or form,
3 and Tuckahoe apparently has a lower-income
4 population.
5 There was another explanation for
6 the Eastport-South Manor story, but that is a
7 district that has a high fiscal stress category
8 and a significant number of black and Latino
9 children in the school district.
10 I don't know what the reasons would
11 be that certain school districts would want to
12 work together towards one high school and other
13 districts might not want to, or why a school
14 district would desperately want to work with
15 another one and would be told no.
16 I don't actually think it's a good
17 idea for the Legislature to independently create
18 its own set of rules for noncontiguous districts.
19 I actually think there are a lot of questions
20 that need to be answered when school districts
21 can't or won't work together for the betterment
22 of students and cost-efficiencies.
23 And so I do think that it should be
24 left up to the State Education Department to
25 evaluate each request and to stop and say, you
1372
1 know, this might work for this town, but it
2 certainly isn't going to help the town next to
3 it, it will actually make it much worse if it's
4 skipping over and doing a joint venture with the
5 other community two towns over or three towns
6 over.
7 It also raises questions about
8 transportation costs of how far are you going to
9 move the kids. Those may be resolvable, but I
10 think when you're looking at regional questions
11 like this within the context of Suffolk County,
12 your result shouldn't allow specific school
13 districts out of the process where SED has to
14 come and evaluate and discuss what's going on.
15 And while I accept that the
16 Senator's argument is there's just this one town,
17 Bridgehamton, right there in the middle of this
18 district who doesn't want to work with anybody
19 around them, I don't know that that's the only
20 story when you have so many school districts on a
21 list in a bill and you are saying "don't have to
22 have contiguous central high schools."
23 And I worry that we might find the
24 outcomes are not at all what you might think if
25 we were to pass this bill. And so I am urging a
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1 no vote. I am not saying I would not agree with
2 any specific proposal that might be made. But
3 we're not getting a specific proposal made, and
4 we're not having a chance to hear SED's position
5 on whether it would be good education policy or
6 open up a new can of worms that we might not have
7 the information to deal with here today.
8 So I'll be voting no. Thank you,
9 Mr. President.
10 ACTING PRESIDENT CROCI: Seeing no
11 one else wishing to speak, the debate is closed
12 and the Secretary will ring the bell.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: While we're
15 waiting for Senators to come here, there was some
16 confusion on the Republican side whether there
17 was conference after session. There is not.
18 Conference will be tomorrow morning at 10:00 a.m.
19 ACTING PRESIDENT CROCI: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT CROCI: Call the
24 roll.
25 (The Secretary called the roll.)
1374
1 ACTING PRESIDENT CROCI: Announce
2 the result.
3 THE SECRETARY: In relation to
4 Calendar 221, those recorded in the negative are
5 Senators Dilan, Espaillat, Hamilton,
6 Hassell-Thompson, Krueger, Montgomery, Parker,
7 Perkins, Persaud and Rivera.
8 Ayes, 50. Nays, 10.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Is there any
13 further business at the desk?
14 ACTING PRESIDENT CROCI: No further
15 business before the desk.
16 SENATOR DeFRANCISCO: In that case,
17 I move to adjourn until Wednesday, March 23rd, at
18 11:00 a.m.
19 ACTING PRESIDENT CROCI: The Senate
20 stands adjourned until Wednesday, March 23rd, at
21 11:00 a.m.
22 (Whereupon, the Senate adjourned at
23 5:17 p.m.)
24
25