Regular Session - March 2, 2017

                                                                   881

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 2, 2017

11                     11:31 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               882

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT AKSHAR:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT AKSHAR:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Wednesday, March 1st, the Senate met pursuant to 

18   adjournment.  The Journal of Tuesday, 

19   February 28th, was read and approved.  On 

20   motion, Senate adjourned.

21                ACTING PRESIDENT AKSHAR:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               883

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, 

 8   Mr. President.  I wish to call up Senator 

 9   Phillips' bill, Print Number 3142, recalled from 

10   the Assembly, which is now at the desk.

11                ACTING PRESIDENT AKSHAR:   The 

12   Secretary will read the title of the bill.

13                THE SECRETARY:   Calendar Number 

14   60, by Senator Phillips, Senate Print 3142, an 

15   act to amend the Real Property Tax Law.

16                SENATOR DeFRANCISCO:   I now move 

17   to reconsider the vote by which the bill was 

18   passed.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll on reconsideration.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 45.

23                SENATOR DeFRANCISCO:   I now offer 

24   the following amendments.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               884

 1   amendments are received, and the bill retains 

 2   its place on the Third Reading Calendar.

 3                SENATOR DeFRANCISCO:   I now move 

 4   to adopt the Resolution Calendar.

 5                ACTING PRESIDENT AKSHAR:   All in 

 6   favor of adopting the Resolution Calendar 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT AKSHAR:   Opposed, 

10   nay.

11                (No response.)

12                ACTING PRESIDENT AKSHAR:   The 

13   Resolution Calendar is adopted.

14                Mr. Floor Leader.

15                SENATOR DeFRANCISCO:   Yes, 

16   Mr. President, could you please take up the 

17   noncontroversial reading of the calendar.

18                ACTING PRESIDENT AKSHAR:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   170, by Senator Savino, Senate Print 3913, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               885

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 48.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   209, by Senator Young, Senate Print 3940, an act 

10   to amend the Private Housing Finance Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 48.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   213, by Senator Robach, Senate Print 364, an act 

25   to amend the Vehicle and Traffic Law.


                                                               886

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Krueger.

10                SENATOR KRUEGER:   Thank you, 

11   Mr. President.  I rise to explain my vote no.  

12                As I have pointed out in previous 

13   years this bill has passed, the evidence from 

14   saliva tests has not been concluded as being 

15   damage-proof.  They can make mistakes with saliva 

16   tests.  Drugs that you may be taking under 

17   prescription that don't prevent you from driving 

18   may show up on the saliva test.  

19                Now that we live in a state where 

20   medical marijuana is actually legal, you may very 

21   well test positive in the standard saliva tests 

22   even though that medical marijuana might have 

23   been taken days or even weeks before.  

24                And of course we even have the 

25   scenario we've known about for many years that 


                                                               887

 1   sometimes poppy seed consumption shows up as a 

 2   positive for more serious drugs.

 3                So I don't believe we need to expand 

 4   the option to saliva tests for driving.  I think 

 5   we have other tools in our arsenal for being able 

 6   to find people who in fact are using products, 

 7   whatever they might be, that prevent them from 

 8   driving safely and that they should be held 

 9   accountable through our DWI and other laws.  

10                But I think it's a mistake for us to 

11   rush forward with a saliva test option, and I'll 

12   be voting no.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT AKSHAR:   Thank 

15   you, Senator Krueger.  You will be recorded in 

16   the negative.

17                Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar 213, those recorded in the negative are 

20   Senators Alcantara, Hoylman and Krueger.  

21                Ayes, 48.  Nays, 3.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   214, by Senator Little, Senate Print 389, an act 


                                                               888

 1   to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 51.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   220, by Senator Griffo, Senate Print 2538, an act 

16   to amend the Vehicle and Traffic Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               889

 1                THE SECRETARY:   Ayes, 51.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   244, by Senator Valesky, Senate Print 1093, an 

 6   act to amend the Social Services Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 51.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   246, by Senator Golden, Senate Print 29, an act 

21   to amend the General Business Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 30th day.


                                                               890

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 51.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   258, by Senator Croci, Senate Print 953, an act 

11   to amend the Penal Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Krueger.

21                SENATOR KRUEGER:   Thank you, 

22   Mr. President.

23                So I have voted no on this bill in 

24   the past, and I will continue to vote no on the 

25   bill, because I think that the language is not 


                                                               891

 1   explicit enough in the definitions of who would 

 2   and would not be covered by this bill.  

 3                But as I read the bill, I do realize 

 4   that potentially it means that companies who are 

 5   doing business on the Internet and encourage you, 

 6   through their marketing, to violate laws because 

 7   it will be a -- generate income for them from 

 8   you, could also be considered terrorism under 

 9   this law.  

10                And so I am a little torn.  If the 

11   language was cleared up -- for example, I have a 

12   company, quite a few companies who advertise that 

13   you should all participate in an Airbnb-type 

14   model in violation of law, because they'll make 

15   money even if they are doing harm to your own 

16   community, your own building, and to you 

17   yourself, who might end up being fined and 

18   evicted.

19                So on the theory that this bill 

20   might somehow be used to challenge the activities 

21   of these companies who continue, day in, day out, 

22   to violate New York State law, I am hoping that 

23   the Senator will clarify and clear up the 

24   language, even though I'm voting no today, so 

25   that I can join him in supporting this bill and 


                                                               892

 1   encouraging it to become law.

 2                Thank you, Mr. President.  I will 

 3   remain no for now.

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator Krueger.  You will be recorded in 

 6   the negative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 258, those recorded in the negative are 

10   Senators Comrie, Krueger and Sanders.

11                Ayes, 49.  Nays, 3.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   259, by Senator Croci, Senate Print 956, an act 

16   to amend the Penal Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of November.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               893

 1                THE SECRETARY:   Ayes, 52.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                Mr. Floor Leader, that completes the 

 5   noncontroversial reading of the calendar.

 6                SENATOR DeFRANCISCO:   Can we now go 

 7   back to motions and resolutions.

 8                ACTING PRESIDENT AKSHAR:   Motions 

 9   and resolutions.

10                SENATOR DeFRANCISCO:   And I request 

11   that previously adopted Resolutions 692, 693, and 

12   694 be taken up, read the title only, and then 

13   recognize Senator Golden, please.

14                ACTING PRESIDENT AKSHAR:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 692, by Senator Golden, 

18   honoring Nicole Faccio on her outstanding 

19   advocacy, support, and fundraising efforts for 

20   lymphedema awareness.

21                Legislative Resolution Number 693, 

22   by Senator Golden, memorializing Governor Andrew 

23   M. Cuomo to proclaim March 6, 2017, as Lymphedema 

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

25   the observance of the second annual World 


                                                               894

 1   Lymphedema Day.

 2                And Legislative Resolution Number 

 3   694, by Senator Golden, honoring Steve Guttenberg 

 4   for his outstanding advocacy, support, and 

 5   fundraising efforts for lymphedema awareness.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Golden.

 8                SENATOR GOLDEN:   Thank you, 

 9   Mr. President.

10                I rise today to honor those who have 

11   led the effort to recognize World Lymphedema Day 

12   and promote lymphedema awareness.

13                The New York State Legislature was 

14   one of the very first governing bodies, in the 

15   United States and the world, to honor and to 

16   recognize World Lymphedema Day.  Originally 

17   inspired by the National Lymphedema Awareness 

18   Day, this effort has grown into a worldwide 

19   movement.  

20                Today we come together again to 

21   proclaim March 6, 2017, Lymphedema Day in the 

22   great State of New York.

23                Millions of Americans are affected 

24   by lymphedema and lymphatic diseases.  The 

25   disease is common to cancer survivors, with 


                                                               895

 1   approximately 35 percent suffering from 

 2   lymphedema because of diagnostic or treatment 

 3   procedures.

 4                Despite these high numbers of 

 5   sufferers, research into potential treatment and 

 6   a cure lags far behind other similar physical and 

 7   emotionally debilitating diseases.

 8                It is with great pride and pleasure 

 9   that we recognize the advocates who devote so 

10   much of their time and effort to this condition.  

11   At the top of this list is William Repicci, 

12   executive director of the National Lymphatic 

13   Education and Research Foundation; Colleen 

14   McGuire, outreach director; and Steve Palmer, 

15   media director.  And thank you, thank you for 

16   what you do.

17                This year we're also honoring two 

18   individuals, Steve Guttenberg and Nicole Faccio, 

19   for their outstanding efforts.  

20                Steve Guttenberg, a resident of the 

21   Upper West Side of Manhattan, has used his 

22   celebrity status to promote lymphedema awareness 

23   throughout New York State and the country.  As an 

24   honorary board member of the Lymphatic Education 

25   and Research Network, he has devoted himself to 


                                                               896

 1   fundraising, supporting patients, and outreaching 

 2   to corporate supporters.  

 3                Nicole Faccio, who is here today 

 4   with us, and her parents, knows firsthand how 

 5   debilitating this condition can be, but refuses 

 6   to let it slow her down.  With the support of her 

 7   family and her friends, she formed a fundraising 

 8   team called In Pizza We Crust, and exceeded their 

 9   fundraising goal by a whopping 150 percent.  

10   Their team has become one of New York's top 

11   fundraising teams for the New York Walk to Fight 

12   Lymphedema and Lymphatic Diseases.  

13                Nicole, keep up the good work.

14                I also believe we have -- and we do 

15   have -- in our presence today last year's 

16   honoree, our past honoree, with her parents, 

17   Emma Detlefsen.  

18                And of course, Emma, welcome back, 

19   Emma.  You're an inspiring individual.  And you 

20   come from Senator Amedore's community.  And you 

21   are definitely -- when you come down here and 

22   this audience sees you, they will be impressed by 

23   your greatness and by what you're fighting and 

24   what your fight has done to bring these lymphatic 

25   diseases to the public forum.  


                                                               897

 1                And I commend all the advocates for 

 2   their tireless and ongoing efforts to bring more 

 3   attention to lymphatic research, and I applaud 

 4   them for their unwavering advocacy.  Let's give 

 5   them a great round of applause, ladies and 

 6   gentlemen, for all that they do in all of our 

 7   communities for those people that suffer from 

 8   these diseases.

 9                (Standing ovation.)

10                ACTING PRESIDENT AKSHAR:   Thank 

11   you, Senator Golden.

12                Senator Amedore.

13                SENATOR AMEDORE:   Thank you, 

14   Mr. President.  

15                And I rise to congratulate everyone 

16   here that represents this great cause and this 

17   resolution.  And thank you, Senator Golden, for 

18   bringing this to our attention and honoring it.  

19                And today in the chamber we have, as 

20   has been mentioned, some special guests.  And you 

21   know, just about three short years ago I 

22   showcased a very special constituent of mine, and 

23   that's Emma, who stood on my chair over there, in 

24   the end of the desk there, with her purple cape.  

25                And Emma, who has been battling, 


                                                               898

 1   fighting hard this horrible disease, against 

 2   the -- what she feels, the sickness that she 

 3   undergoes, she goes against all odds.  She does 

 4   not let it get her down.  And she's gone on to 

 5   raise a boatload of money for research as well as 

 6   to help others who struggle with lymphedema.  

 7                That she -- being the superhero that 

 8   she is, she's here today, and I want to highlight 

 9   her again because she does have her purple cape 

10   on.  And she wants to show you that she is so 

11   appreciative of everything that you have done 

12   here in the State Senate to help her and everyone 

13   else in this great state who battles with 

14   lymphedema.

15                So to Emma and Nicole, I know you've 

16   got -- Emma, I know you have the most colorful 

17   sneakers on.  If you could also show us those 

18   great sneakers with your cape, I would appreciate 

19   that.  She's up in the gallery, if you're 

20   wondering where she is.  

21                So we, Mr. President, want to honor 

22   her and Nicole for all of their efforts and -- 

23   their courageous, valiant efforts, as well as her 

24   recognition, now, all the way to Washington, D.C. 

25                So thank you, Mr. President.


                                                               899

 1                (Sustained applause.)

 2                ACTING PRESIDENT AKSHAR:   Emma, you 

 3   are a pint-sized inspiration who packs a very 

 4   powerful punch.  

 5                To Nicole and Steven, we welcome 

 6   you, the New York State Senate does, and we 

 7   extend all the courtesies of the house.

 8                Mr. Floor Leader.

 9                SENATOR DeFRANCISCO:   I object to 

10   that pint-sized designation.

11                (Laughter.)

12                SENATOR DeFRANCISCO:   If you'd now 

13   take up previously adopted Resolution Number 106, 

14   by Senator Breslin, read the title only, and call 

15   on Senator Breslin.

16                ACTING PRESIDENT AKSHAR:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 106, by Senator Breslin, 

20   congratulating the Troy High School Football Team 

21   and Coach Bob Burns upon the occasion of 

22   capturing the 2016 New York State Public High 

23   School Athletic Association Class AA 

24   Championship.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               900

 1   Breslin.

 2                SENATOR BRESLIN:   Thank you, 

 3   Mr. President.  It's a pleasure to rise to honor 

 4   the Troy High School Football Team.  

 5                Now, Troy High was in Class A.  And 

 6   as many of you know, there's classifications.  

 7   And if you go down to a lower classification, 

 8   sometimes you're a lot better than the 

 9   competition you play.

10                But when you go to the next 

11   classification, as Troy High did, from Class A to 

12   Class AA, the opposite is true.  Oftentimes the 

13   competition is much more severe and much more 

14   difficult in front of you.  

15                This Troy High team didn't respond 

16   to that.  They started off last season by rather 

17   easily beating Shenendehowa, one of the biggest 

18   and best football programs in the State of 

19   New York, and really marched through the season, 

20   and marched through the season ending up beating 

21   state powerhouses Newburgh Free Academy, 

22   New Rochelle, which is frequently there at the 

23   end -- and finally, on November 26th, in a very 

24   close game that I enjoyed, beat Victor, a 

25   perennial state favorite.  


                                                               901

 1                And this was a special, special 

 2   Troy High team with a lot of gifted athletes, 

 3   with a coaching staff led by Bob Burns.  And I'd 

 4   be remiss if I didn't emphasize that entire 

 5   coaching staff, from Assistant Coach Sam Marro 

 6   and Offensive Coordinator Mike Grasso, the 

 7   offensive line coach, Jim Canfield, and other 

 8   coaches -- Mark Galuski, Pat Haggerty, Matt 

 9   Marsh, Chris Stack, Matt Robinson, Mike Barnes, 

10   Jason Kritz, and Jerry Jobs {ph}.  

11                And it just was a special season.  

12   At the top of Troy High, you have your wonderful 

13   superintendent, John Carmello.  Coincidentally, 

14   his son was also a member of the team.  

15                And when I looked after the season 

16   to see some of the -- it's hard to keep track of 

17   the awards you got.  And I know I didn't look at 

18   all the different sources of All-States, I only 

19   looked at several of them.  I know Joey Ward, who 

20   had such a terrific season, made first string, 

21   first team All-State.  And John Germinerio, the 

22   quarterback, made a couple of All-State teams.  

23   And Joey Casale -- and the Casale family, as many 

24   of you know, is very well known, and I'm making 

25   an assumption related to a long-time friend of 


                                                               902

 1   mine, former Assemblyman Pat Casale.  And Dev and 

 2   Saverio, again, All-State teams.  

 3                And there was just a specialness 

 4   about what Bob Burns brought together.  And 

 5   you're to be commended for what you did this year 

 6   in coming up with a 13 and 0 record.  Troy High 

 7   earlier had won state championships at Class A, 

 8   but what you did is an enormous feat.  It's 

 9   something that will be long remembered.  And you 

10   will be able to come, any time you want in your 

11   history, to show your families that you are in 

12   the permanent records of the New York State 

13   Legislature.

14                Congratulations for everything 

15   you've done.  Have a successful next four years 

16   as you move on, and a successful career in life.  

17                Thank you very much.

18                (Applause.)

19                ACTING PRESIDENT AKSHAR:   Thank 

20   you, Senator Breslin.

21                Senator Marchione.

22                SENATOR MARCHIONE:   Thank you, 

23   Mr. President.  

24                I have the honor today of having 

25   guests on both sides of our chamber.  So I would 


                                                               903

 1   first like to welcome a group of constituents 

 2   from Saratoga County who are down here visiting 

 3   and touring today and wanted to stop in here and 

 4   just see exactly what's going on in our chamber.  

 5   So I welcome them here today.  

 6                But I also have the Troy Football 

 7   Team in my district.  I represent Lansingburgh, 

 8   in the City of Troy, a much smaller section than 

 9   my colleague Neil Breslin.  

10                I also can't stand up and talk about 

11   how great it was that you beat Shenendehowa, 

12   because they're also in my district.  

13                But I can stand up and congratulate 

14   you on this wonderful accomplishment.  I can 

15   recognize, I can honor you, I can tell you I am 

16   absolutely thrilled at your achievement.  I want 

17   to tell your coach, Bob Burns, how terrific I 

18   think he is, and all of the coaches that surround 

19   all of you.  

20                I also have a Casale connection, as 

21   Danny Casale, who was the Assemblyman's son, 

22   works in my office and just told me such terrific 

23   things about all of you.

24                So I add my congratulations to each 

25   and every one of you on this tremendous 


                                                               904

 1   accomplishment.  

 2                Thank you, Mr. President.

 3                (Applause.)

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator Marchione.

 6                Senator Funke.

 7                SENATOR FUNKE:   Thank you, 

 8   Mr. President.  

 9                Well, as the Senator who represents 

10   Victor High School, I would just like to 

11   congratulate Coach Burns and everybody on the 

12   Troy Football Team.  Senator Marchione and I had 

13   discussed a wager on this particular game.  She 

14   declined, or I'd be wearing a Troy football 

15   jersey right now, I think.

16                But I just want to congratulate you.  

17   You know, I think football is the greatest game 

18   of all, because it teaches so many things that we 

19   don't necessarily learn in the classroom -- big 

20   people, little people, slow people, fast people, 

21   everybody comes together.  

22                And, you know, every play in 

23   football is designed to be a touchdown.  If you 

24   draw it up and Coach Burns draws it up on the 

25   board, everything is designed to be a touchdown.  


                                                               905

 1   One person breaks down, and it doesn't happen 

 2   that way.  It just shows how it's essential for 

 3   people to work together, on both sides of the 

 4   aisle, in government and in life.  

 5                So I appreciate everything that you 

 6   do.  Congratulations for playing the great game 

 7   of football.  I know it's going to pay a lot of 

 8   great dividends for you as you go forward in your 

 9   lives.  

10                So congratulations on a great win 

11   over Victor High School, and good luck next 

12   season for those of you who are not seniors.  

13   Thanks.

14                (Applause.)

15                ACTING PRESIDENT AKSHAR:   Thank 

16   you, Senator Funke.

17                To Coach Burns, to you and your 

18   team, and to Senator Marchione's special guests, 

19   we welcome you to this great chamber and we 

20   extend all the courtesies of the house to you.  

21   Thank you.  

22                Mr. Floor Leader.

23                SENATOR DeFRANCISCO:   Yes, this 

24   resolution can be opened up for cosponsorship.  

25   If you want to be a cosponsor, please notify the 


                                                               906

 1   desk.

 2                The next item is a resolution by 

 3   Senator Comrie that was previously adopted, 

 4   Number 800.  Could you read the title only and 

 5   then call on Senator Comrie.  

 6                ACTING PRESIDENT AKSHAR:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 800, by Senator Comrie, 

10   commemorating the 23rd anniversary of the 

11   UniverSoul Circus.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Comrie.

14                SENATOR COMRIE:   Thank you, 

15   Mr. President.

16                Today I wanted to acknowledge a 

17   person that is here visiting our chamber today.  

18   The UniverSoul Circus is a single-ring circus 

19   established in 1994 by Cedric Walker, an 

20   African-American man who had a vision of creating 

21   a circus with the majority of performers being 

22   people of color.  

23                He has traveled all over the world 

24   to find people with incredible talents.  He was 

25   able to find entertainers from approximately 


                                                               907

 1   24 different countries.  

 2                I wanted to pay homage to 

 3   Mr. Walker, who is in the chamber today, along 

 4   with his great assistant, Ben Johnson, who is the 

 5   director of operations.  

 6                Mr. Walker was born in Maryland.  He 

 7   always had an entrepreneurial spirit, starting 

 8   from the age of 6.  Determined to make extra 

 9   money, he was inventive right from the start.  He 

10   sold Christmas cards, Kool Aid popsicles, fruits 

11   and vegetables from a horse-drawn cart.  He even 

12   collected for UNICEF, because he understood back 

13   then that he wanted to try to help people from 

14   all over the world.  

15                He was first bitten by the 

16   entertainment bug in the early '70s when he moved 

17   to Tuskegee to live with his uncle, a nightclub 

18   owner.  That's where he met and later teamed up 

19   with a promising young musical group called the 

20   Commodores -- where's Robach?  He's not here 

21   today.  

22                (Laughter.)

23                SENATOR COMRIE:   He became their 

24   production and stage manager and toured with them 

25   around the world.  He later worked as a promoter 


                                                               908

 1   for the Jackson 5.  

 2                Cedric Walker struck out on his own 

 3   in the '80s, when he organized the Fresh Fest, 

 4   the world's first rap music tour, featuring the 

 5   likes of Queens' own Rock & Roll Hall of Fame 

 6   inductees, Run DMC, Salt-n-Pepa, and many other 

 7   artists.  

 8                In the early days, when no one 

 9   believed rap music was viable, Mr. Walker turned 

10   that around by putting on safe, successful and 

11   profitable shows around the country.  

12                In the early 1990s, he branched out 

13   further, turning his attention to bringing 

14   community together through the church.  He 

15   underwrote and coproduced the highly successful 

16   gospel plays "Wicked Ways" and "A Good Man is 

17   Hard to Find," among many others.

18                By the mid-1990s, Mr. Walker and his 

19   associates began to look for new forms of family 

20   entertainment, with a vision to explore the 

21   various talents of African-Americans, Caribbeans, 

22   and Latinos other than singing and dancing, and 

23   the Universal Big Top Circus was born.  

24                The UniverSoul Circus employs 

25   hundreds of workers that are rigorously trained 


                                                               909

 1   in Olympic-style fashion at various schools 

 2   around the world financed Mr. Walker and his 

 3   conglomerate.  

 4                I would also like to acknowledge 

 5   that the circus employs many local community 

 6   youth and military veterans, like Purple Heart 

 7   recipient Sergeant Lester Muse, who is also here 

 8   today -- please stand up, Lester -- who is in the 

 9   chamber with us.  

10                UniverSoul Circus is highly regarded 

11   as the top-rated circus in the country in regards 

12   to safety and compliance, even with all the 

13   pressures that they've been put upon lately by 

14   folks with small minds.

15                UniverSoul Circus has successfully 

16   turned the traditional circus world upside down.  

17   By 1997, the tour had grown to 10 cities; two 

18   years later, 19 cities.  They've been asked to go 

19   to South Africa more than once.  They have an 

20   Emmy-nominated HBO special.  And now they're 

21   playing to packed audiences around the world.  

22                If you haven't had an opportunity to 

23   go to a UniverSoul Circus performance, I would 

24   invite you to go.  It is a totally different 

25   experience.  It's very interactive, and you go 


                                                               910

 1   there and you wind up having a lot of fun.

 2                Again, I want to congratulate Cedric 

 3   Walker, who has been a true pioneer and a 

 4   trailblazer, making sure that the UniverSoul 

 5   Circus is a family-friendly circus, is a circus 

 6   that embraces the arts in all forms, and is a 

 7   circus that we can celebrate all of the positive 

 8   things that happen in every culture, not just 

 9   one.

10                So thank you, Mr. President, for 

11   having them here today.  And I would ask that 

12   everyone give Mr. Cedric Walker and the 

13   UniverSoul Circus a round of applause.

14                (Applause.)

15                ACTING PRESIDENT AKSHAR:   Thank 

16   you, Senator Comrie.  

17                Senator Sanders.

18                SENATOR SANDERS:   I too have to 

19   congratulate the UniverSoul Circus.  

20                Well, where do you start?  One of my 

21   favorite, favorite R&B groups was the Commodores.  

22   And I'm finally meeting the stage producer, and 

23   we were talking about trying to get them to do a 

24   reunion.  I think that this great Senate should 

25   go on record in saying that we want a reunion of 


                                                               911

 1   the Commodores.  And they should play here first.  

 2   Okay, well, maybe we won't go on record to do 

 3   that.  But I would like to see it done.

 4                It seems that my life and his were 

 5   chasing each other.  We were always in a 

 6   entertainment facility -- you can't call it a 

 7   club -- Maverick's Flat, and other places that he 

 8   was in and I was in.  But maybe that's what led 

 9   him to gospel.  Maybe those type of places after 

10   a while would lead you to understand the beauty 

11   of gospel, and the gospel plays at that.

12                I want to of course thank Sergeant 

13   Lester Muse, who brings everything together, 

14   including us.  

15                But I want to draw your attention, 

16   sir, that politics is very much like the circus 

17   that you speak of.  However, we do it rougher.  

18   We do trapeze acts without nets.  And I'd like 

19   your performers to try that one.

20                And every two years -- you have a 

21   great training facility, but we have a great 

22   place that we -- it's called the election.  Every 

23   two years, we also get to see how close we can 

24   walk across things without nets.  And if you 

25   believe that you have lions and tigers, well, we 


                                                               912

 1   have sharks.  We have sharks out here.

 2                So I'm saying that you should look 

 3   here, sir, for performers for your circus.  And 

 4   if the pay is right -- mmm, I won't say anything 

 5   about our pay.  If the pay is right, then perhaps 

 6   we can strike up a deal.

 7                But on a very serious side, I want 

 8   to congratulate you and your team, but I also 

 9   want to draw attention to Senator Comrie, who is 

10   wise enough to bring them all here.  

11                Congratulations again.

12                (Applause.)

13                ACTING PRESIDENT AKSHAR:   Thank 

14   you, Senator Sanders.

15                Senator Hamilton.

16                SENATOR HAMILTON:   Yes, 

17   Mr. President, I rise to pay tribute to the 

18   UniverSoul Circus.  

19                This circus has played a pivotal 

20   role in my life, with my wife and two young 

21   children.  My children were so delighted to go to 

22   this circus because we wound up in a bleacher 

23   section.  We were literally on the ground, seeing 

24   the actors perform.  And it was a much-needed 

25   alternative, being involved and seeing people who 


                                                               913

 1   resembled yourself.  

 2                So I just want to commend the 

 3   UniverSoul Circus for doing a great job.  I want 

 4   to commend Senator Comrie for having them come 

 5   here.  

 6                And we need to have more cultural 

 7   institutions of diversity that reflect this great 

 8   State of New York.  And also Ringling Brothers 

 9   Circus, I'm sorry to see that they're gone.  That 

10   was a cultural and as far as an American 

11   tradition that is now lost.  So now that we have 

12   the UniverSoul Circus to continue, as far as 

13   entertaining families throughout the state, it is 

14   much -- desperately appreciated for what you have 

15   done, for your foresight in getting things into 

16   our communities.

17                I remember seeing you at Randall's 

18   Island, in Newark, New Jersey.  I mean, you guys 

19   were all over in the tri-state area.  Even on 

20   Randall's Island, you were there also.  And you 

21   kind of infused the African-American culture, 

22   hip-hop culture, into the circus, so it was 

23   always entertaining.  

24                And Coney Island, I saw you guys 

25   there.  I had, you know, tickets that were great 


                                                               914

 1   tickets.  And to this day I have a picture in my 

 2   house of my children near the rink at UniverSoul 

 3   Circus, and they kind of like -- when they saw 

 4   the elephants come so close, they jumped back.  I 

 5   said, "It's okay, Daddy'll protect you, don't 

 6   worry about it."

 7                But I just want to say keep up the 

 8   good work.  I commend you for bringing something 

 9   to the forefront that was much needed in my 

10   family.  And I always say God bless UniverSoul 

11   Circus.  Thank you so much.

12                Thank you.  

13                (Applause.)

14                ACTING PRESIDENT AKSHAR:   Thank 

15   you, Senator Hamilton.

16                Senator Stavisky.

17                SENATOR STAVISKY:   Thank you, 

18   Mr. President.  

19                Thank you, Senator Comrie, for 

20   bringing up some illustrious Queens residents.  

21                Those of us who represent Queens 

22   County are very proud of what goes on in Queens, 

23   the diversity, the sense of community, the sense 

24   that people care about one another in Queens.  

25                And again, I thank you for coming 


                                                               915

 1   up.  We recognize your contributions, Mr. Walker.  

 2   And Sergeant, thank you for your service.  And 

 3   let us do more of these community-based 

 4   organizations.

 5                Thank you.

 6                ACTING PRESIDENT AKSHAR:   Thank 

 7   you, Senator.

 8                Senator Comrie, we welcome 

 9   Mr. Walker and your colleagues to this great 

10   house, and we extend all the courtesies.  

11                Thank you.

12                (Applause.)

13                ACTING PRESIDENT AKSHAR:   Mr. Floor 

14   Leader.

15                SENATOR DeFRANCISCO:   I was going 

16   to sing "Once Twice Three Times a Lady," but in 

17   the interests of time I won't do that.

18                (Laughter.)

19                SENATOR DeFRANCISCO:   This 

20   resolution is up for cosponsorship.  If you want 

21   to be a cosponsorship, please notify the desk.

22                I'd like to now hand up committee 

23   assignments.  Senator Flanagan makes the follow 

24   Republican committee assignments.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               916

 1   committee assignments are received and filed with 

 2   the Journal Clerk.

 3                SENATOR DeFRANCISCO:   And 

 4   similarly, Senator Flanagan, in consultation with 

 5   Senator Stewart-Cousins, makes the following 

 6   Democrat committee assignments.

 7                ACTING PRESIDENT AKSHAR:   Those 

 8   assignments are received and filed with the 

 9   Journal Clerk.  

10                SENATOR DeFRANCISCO:   Is there any 

11   further business at the desk?  

12                ACTING PRESIDENT AKSHAR:   There is 

13   no further business at the desk.

14                SENATOR DeFRANCISCO:   That being 

15   the case, I move to adjourn until Monday, 

16   March 6th, at 3:00 p.m., intervening days being 

17   legislative days.

18                ACTING PRESIDENT AKSHAR:   On 

19   motion, the Senate stands adjourned until Monday, 

20   March 6th, at 3:00 p.m., intervening days being 

21   legislative days.

22                (Whereupon, at 12:06 p.m., the 

23   Senate adjourned.)

24

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