Regular Session - March 28, 2017

                                                                   1422

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 28, 2017

11                     3:13 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1423

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   with me and join as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by Mashhud Iqbal, 

11   Imam, North Bronx Islamic Center & Jame Masjid, 

12   Bronx.

13                IMAM IQBAL:  Assalamu Alaikum.  

14                All praise and thanks to Almighty 

15   Allah, the Sustainer of the world, and also 

16   sending peace and blessings upon our beloved 

17   Prophet Muhammad, Sallallaho Alaihe Wassalam 

18   (peace be upon him).  

19                Today we are gathered here in the 

20   Capitol of New York State, in Albany, with 

21   thanks to all our guests and especially to all 

22   the respectful, distinguished guests and 

23   community leaders of the United States.  Also we 

24   thank our organizers and coordinators.  And 

25   thanks to our brothers and sisters, those who 


                                                               1424

 1   gather here with us.  

 2                I will try to recite only one 

 3   simple verse from the Holy Quran, which are 

 4   related with human aim of their life, service of 

 5   life.  

 6                Almighty Allah is saying, in the 

 7   Quran, in Surah Anbiya {chanting in Arabic}:  I 

 8   want the safety of Almighty Allah from evil, and 

 9   also I want Allah's help and mercy, by the name 

10   of Allah, who is All Wise and All Merciful.  

11                {Chanting in Arabic.}  Almighty 

12   Allah is saying:  Verily this nation of yours is 

13   a single nation, and I am your Sustainer and 

14   Cherisher.  Therefore, serve your duty to Me, 

15   for Me.  

16                {Chanting in Arabic.}  And human 

17   beings by their own ways have divided 

18   themselves.  But in the end, all will return to 

19   Me.  

20                We remember the 26th of the month 

21   of March.  It is very important in the history 

22   of Bangladesh because the 26th of March, 1971, 

23   was independence in Bangladesh.  The 26th of 

24   March is celebrated as the Independence Day of 

25   Bangladesh.  We achieved victory after prolonged 


                                                               1425

 1   struggle and the loss of 3 million people, and 

 2   at the sacrifice of virginity of thousands of 

 3   moms and sisters and children.  

 4                We remember them.  We are praying 

 5   for them.  Today is a national holiday in 

 6   Bangladesh.  

 7                Bangladesh is a glorious, 

 8   wonderful, and peaceful country in the world.  

 9                Thank you to all of you {in 

10   Arabic}.

11                ACTING PRESIDENT GRIFFO:   The 

12   reading of the Journal.

13                THE SECRETARY:   In Senate, Monday, 

14   March 27th, the Senate met pursuant to 

15   adjournment.  The Journal of Sunday, March 26th, 

16   was read and approved.  On motion, Senate 

17   adjourned. 

18                ACTING PRESIDENT GRIFFO:   Without 

19   objection, the Journal stands approved as read.

20                Presentation of petitions.

21                Messages from the Assembly.

22                The Secretary will read.

23                THE SECRETARY:   On page 31, 

24   Senator Young moves to discharge, from the 

25   Committee on Finance, Assembly Bill Number 3002A 


                                                               1426

 1   and substitute it for the identical Senate Bill 

 2   2002A, Third Reading Calendar 438.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                Messages from the Governor.

 6                Reports of standing committees.

 7                Reports of select committees.

 8                Communications and reports of state 

 9   officers.

10                Motions and resolutions.

11                May I have some order in the house.

12                SENATOR DeFRANCISCO:    

13   Mr. President, I move that the following bill, 

14   5423, by Senator Young, be discharged from its 

15   respective committee and be recommitted with 

16   instructions to strike the enacting clause.

17                ACTING PRESIDENT GRIFFO:   It is so 

18   ordered.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, I move 

21   to adopt the Resolution Calendar, with the 

22   exception of Resolution 1179.

23                ACTING PRESIDENT GRIFFO:   All in 

24   favor of adopting the Resolution Calendar before 

25   you, with the exception of Resolution Number 


                                                               1427

 1   1179, signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT GRIFFO:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Resolution Calendar is adopted as indicated.  

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Would you now 

 9   take up previously adopted Resolution 1046, by 

10   Senator Díaz, read it in its entirety, and call 

11   on Senator Díaz to speak, please.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 1046, by Senator Díaz, 

16   celebrating March 28, 2017, as Bangladesh Day.

17                "WHEREAS, March 26th is the national 

18   independence day of Bangladesh; this day is 

19   celebrated in Bangladesh and also all around the 

20   world in honor of its country's Declaration of 

21   Independence from Pakistan in the late hours of 

22   March 25, 1971, and the start of the Bangladesh 

23   Liberation War; and 

24                "WHEREAS, This day is also a 

25   memorial to the deaths of thousands of students, 


                                                               1428

 1   civilians, political leaders, and unarmed Bengali 

 2   people; the Bangladesh Liberation War started 

 3   between West and East Pakistan; and 

 4                "WHEREAS, West Pakistan believed 

 5   they were far superior to those in East Pakistan; 

 6   they gave East Pakistan no privileges; they had a 

 7   bad economy, and no rights; and 

 8                "WHEREAS, The first election in the 

 9   history of Pakistan was held on December 7, 1970; 

10   there were 300 seats in the parliament; 

11   East Pakistan won 160 seats, and West Pakistan 

12   won 81 seats; instead of handing over the power 

13   to the winning party, they imposed martial law on 

14   East Pakistan; and 

15                "WHEREAS, East Pakistani leader 

16   Mr. Bongu Bondhu Sheikh Mujibur Rahman urged the 

17   Bengali people to turn their homes into resisting 

18   forts; he said, "Our struggle is for our freedom. 

19   Our struggle is for our independence"; this 

20   speech is what mainly inspired the nation to 

21   fight for freedom; and 

22                "WHEREAS, The West Pakistani Army 

23   sent a military plan known as Operation  

24   Searchlight; it was planned to curb the Bengalis' 

25   movement by taking control of major cities, and 


                                                               1429

 1   eliminating all opposition, political or 

 2   military; and 

 3                "WHEREAS, At that time, Ziaur Rahman 

 4   broadcasted a message that the Independent 

 5   People's Republic of Bangladesh had been 

 6   established; and 

 7                "WHEREAS, At this point, March 26, 

 8   1971, the Bangladesh Liberation War had broken  

 9   out in the whole country; this was the day the 

10   Bengali people stood up to the Pakistani Army; 

11   and 

12                "WHEREAS, After a nine-month-long 

13   war, the Pakistani Army finally surrendered  

14   unconditionally; many lives were lost, but 

15   Bangladesh, as a country, gained its freedom, its 

16   independence; and 

17                "WHEREAS, It is the sense of this 

18   Legislative Body to recognize the great 

19   contributions which the Bangladesh community have 

20   brought to our state and nation; and 

21                "WHEREAS, Many Bangladesh people 

22   have made New York their home, and this 

23   Legislative Body, representing the people of the 

24   State of New York, is pleased to thank the 

25   Bangladesh people for their contributions to this 


                                                               1430

 1   great Empire State; and 

 2                "WHEREAS, It is the custom of this 

 3   Legislative Body that those who enhance the 

 4   well-being and vitality of their community and 

 5   have shown a long and sustained commitment to 

 6   excellence certainly have earned the recognition 

 7   and applause of all the citizens of this great 

 8   Empire State; now, therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to celebrate 

11   March 28, 2017, as Bangladesh Day."

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Díaz.

14                SENATOR DÍAZ:   Thank you, 

15   Mr. President.  

16                Ladies and gentlemen, good 

17   afternoon.  Today, ladies and gentlemen, 

18   Mr. President, you should know that today I take 

19   this opportunity to express my appreciation and 

20   thanks to the leaders of this chamber -- Senator 

21   John Flanagan, the leader of the Republican 

22   Conference; Senator Andrea Stewart-Cousins, the 

23   leader of the Democratic Conference; Mr. Frank 

24   Patience, the Secretary of the Senate -- and to 

25   all my colleagues, the members of the Senate, for 


                                                               1431

 1   granting me this opportunity to introduce this 

 2   resolution.

 3                It is important for you to know, 

 4   ladies and gentlemen, that today this 

 5   Puerto Rican is proud to be here one more time to 

 6   introduce and recognize the contributions of the 

 7   Bangladesh community in the State of New York and 

 8   the City of New York.

 9                As you remember, ladies and 

10   gentlemen, just last week on Tuesday, March 21st, 

11   I brought and introduced more than 50 members of 

12   the Garifuna community to celebrate the 

13   Garifuna-American Heritage Month in this chamber.  

14   And today, ladies and gentlemen, this proud 

15   Puerto Rican, from a town called Bayamón, is 

16   proud to be able to sponsor this resolution 

17   celebrating Bangladesh Heritage Month for the 

18   sixth consecutive year in this chamber.

19                As you can see, Mr. President and my 

20   fellow colleagues, today we are joined in the 

21   Senate gallery -- not only that side, but also on 

22   this side -- by more than 150 members of the 

23   Bangladesh community from the City of New York 

24   who came here to witness this special day.  

25                Eight leaders of the Bangladeshi 


                                                               1432

 1   delegation are joining me here in the Senate 

 2   chamber.  They are the Consul General of 

 3   Bangladesh here in New York, the Honorable 

 4   Shameem Ahsan, and his spouse, Mrs. Guley 

 5   Ferdousi Forhad.  Also joining us in the chamber 

 6   are Islam Mamun, Shamim Miah, Rexona Mujumder, 

 7   Shahed Ahamed, Abdur Rod Dola Miah, and Imam 

 8   Muhammad Mashhud Iqbal, who gave the invocation.  

 9                Thank you for being with us here 

10   today, ladies and gentlemen.

11                It is important -- you might be 

12   seated now -- it is important for you to know, 

13   ladies and gentlemen, that March 26th is the 

14   Bangladesh National Independence Day.  This day 

15   is celebrated in Bangladesh and also around the 

16   world in honor of the country's declaration of 

17   independence from Pakistan.  

18                Mr. President, my friend, how are 

19   you doing?  Mr. President and my fellow Senators, 

20   ladies and gentlemen, it is important also for 

21   you to know that today we commemorate and 

22   remember the thousands of people who lost their 

23   lives in the Bangladesh Liberation War, a war 

24   that started on March 26, 1971.  This was the day 

25   that the Bengali people stood up to the Pakistani 


                                                               1433

 1   Army.  

 2                Another important moment in the 

 3   history of the Bangladesh community is that the 

 4   first election in the history of Pakistan was 

 5   held on December 7, 1970.  December 7th is a very 

 6   special and important day for me.  On December 7, 

 7   1941, the United States of America was attacked 

 8   by the Imperial Forces of Japan at Pearl Harbor.  

 9   On December 7, 1954, my mother passed away.  And 

10   on December 7, 1970, Pakistan held its first 

11   election.

12                Mr. President and ladies and 

13   gentlemen, on that election that took place in 

14   Pakistan on December 7th, there were 300 seats in 

15   the parliament.  East Pakistan won 160 seats, and 

16   West Pakistan won only 81 seats.  But instead of 

17   handing over power to the winning party, they 

18   imposed martial law on East Pakistan.  

19                The leader of East Pakistan, 

20   Mr. Sheikh Mujibur Rahman, urged the Bengali 

21   people to turn their homes into resisting forts.  

22   He inspired the nation to fight for freedom with 

23   the following words:  "Our struggle is for our 

24   freedom.  Our struggle is for our independence."  

25                You must also know that on this 


                                                               1434

 1   important occasion, Ziaur Rahman proclaimed to 

 2   all the Bangladeshi people that the Independent 

 3   People's Republic of Bangladesh had been 

 4   established.

 5                Ladies and gentlemen, you should 

 6   know also that after nine long months of war, the 

 7   Pakistani Army finally surrendered 

 8   unconditionally.  And while many lives were lost, 

 9   Bangladesh as a country gained its freedom and 

10   independence.  And that is why we are all here 

11   today, to remember the suffering of the heroes 

12   and heroines.

13                To conclude, Mr. President, once 

14   again, I want to acknowledge the delegation and 

15   express my appreciation to the Bangladesh 

16   community that came all the way from the City of 

17   New York today.  

18                Also I would like to note that some 

19   of the leaders, many of the Bangladesh leaders of 

20   the community from Queens, from the Bronx, 

21   they're here today.  And from the Bronx we have 

22   Mr. Mohammed Mujumder, he's in the gallery; we 

23   have Mr. Muhobob Alom, Farida Yeasmin, and 

24   many other leaders of the Bangladesh community.

25                To all of you, ladies and gentlemen, 


                                                               1435

 1   on this side and on the other side, I would like 

 2   to express my appreciation.  Thank you very much 

 3   for being here today.  This chamber today is 

 4   Bangladeshi.  We honor you, and we welcome you 

 5   today.  And I say As-salamu Alaikum!  

 6   Dhanno-baad! 

 7                This is Senator Díaz, Mr. President, 

 8   and this is what you should know.  Thank you very 

 9   much.

10                (Applause from gallery.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Bailey.

13                SENATOR BAILEY:   Thank you, 

14   Mr. President.  

15                A tough act to follow.  Reverend 

16   Díaz, thank you for introducing this resolution 

17   to honor the Bengali people.  {In Bangla; 

18   response from gallery.}

19                SENATOR BAILEY:   Absolutely.  

20                (Laughter.)

21                SENATOR BAILEY:   The Bengali 

22   community is relatively new to me.  Throughout my 

23   travels and my quest to become the State Senator, 

24   I ventured to the western portion of my district, 

25   which I'm not an inhabitant of.  There I have a 


                                                               1436

 1   thriving Bengali population -- store owners, 

 2   business owners, homeowners, voters.  Most 

 3   importantly, people -- the fabric of our 

 4   community.

 5                I began to learn so many things 

 6   about your community.  Most importantly, a member 

 7   of your community actually reminded me of what my 

 8   name meant in Arabic.  And, you know, my parents 

 9   named me aptly, you know -- so my wife believes.  

10   Jamaal means "handsome" in Arabic.  Some people 

11   are laughing.

12                (Laughter.)

13                SENATOR BAILEY:   I hope, if my wife 

14   is watching, she's not.

15                But these are things that were 

16   instructional, things about your community -- 

17   your cohesion, your togetherness.  Things that 

18   I've learned from your community.  My first 

19   interview on television was on Time TV, a Bengali 

20   TV station.  So your commitment to me is 

21   important, and thus it should be returned to you 

22   threefold and tenfold.  

23                So I want to thank you all for 

24   coming up today.  I want to encourage you all to 

25   continue to come up and make your voices be heard 


                                                               1437

 1   here in the Capitol.  

 2                And again, I thank Senator Díaz for 

 3   bringing this resolution, and Dhanno-baad!  

 4                (Applause from gallery.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hamilton.

 7                SENATOR HAMILTON:   Thank you, 

 8   Mr. President.  

 9                I rise for the resolution of Senator 

10   Díaz, the father of Bronx politics, for doing a 

11   phenomenal job.  And I want to thank the brothers 

12   and sisters from the Bangladesh community for 

13   coming here today to the State Capitol.  So I'm  

14   going to say {in Bengali; response from gallery}.

15                And the State of New York wants to 

16   recognize the Bangladeshi community for being a 

17   hardworking people -- store owners, construction, 

18   retail.  Many own small businesses in the 

19   community -- as far as Dunkin' Donuts, which I go 

20   to frequently.  

21                I want to say to the delegation that 

22   is here today, I want to say Dhanno-baad, 

23   Dhanno-baad, for coming here and letting us 

24   people know that we are a diverse state, a 

25   diverse people, and we must respect each other's 


                                                               1438

 1   cultures, we must respect each other's religions, 

 2   to make this state the best state in the country.  

 3                So what we're seeing here is the 

 4   melting pot of America.  We're seeing the melting 

 5   pot of New York State.  And when we have 

 6   troubling times, we must come together as people 

 7   and fight as one.  

 8                And so I say to you, thank you for 

 9   coming here today.  I want to say I hope 

10   everything is going well, kibhalo, everything is 

11   going well for you, and I want to say 

12   Dhanno-baad.  

13                Thank you so much.  God bless you 

14   all.

15                (Applause.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Serrano.

18                SENATOR SERRANO:   Thank you very 

19   much, Mr. President.  

20                And I too would like to thank 

21   Senator Reverend Díaz for once again bringing 

22   diversity, color, and good cheer to this chamber 

23   with the Bengali community and Bengali Heritage 

24   Day.  

25                And it really is, I believe, very 


                                                               1439

 1   important that now more than ever, when we hear 

 2   so much unfortunate intolerance throughout our 

 3   nation, that we remind ourselves that communities 

 4   like the Bengali community, many other immigrant 

 5   communities, made the United States what it is.  

 6   This country would be nothing without a strong 

 7   immigrant community.  We are built on the backs 

 8   of immigrants.  

 9                You have a perfect example in the 

10   Bengali community of folks who came to this 

11   country with their skills, with their hard work, 

12   and with their determination and with their love, 

13   to create a country like no other in the world.  

14   One in which we celebrate the diversity, the 

15   multiculturalism, the different foods, the 

16   different sights, the different sounds.  This is 

17   what makes the fabric of our society so unique, 

18   different than any other country in the world.

19                So it is, I think, important that we 

20   take a step back and be grateful and thankful to 

21   live in a nation like this where we have this 

22   level of diversity, and celebrate that 

23   diversity -- not merely tolerate it, but 

24   celebrate it for what it is.  And it is a gift, 

25   and it is something that makes America so great.


                                                               1440

 1                So thank you, Reverend Díaz.  Thank 

 2   you to the Bengali community for being here.

 3                (Applause from the gallery.)  

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Alcantara.

 6                SENATOR ALCANTARA:   Thank you, 

 7   Mr. President.

 8                Thank you, Reverend Díaz.  Every 

 9   week you bring different New Yorkers to our 

10   chambers, people like the Garifuna, now the 

11   Bengali community, who otherwise would not have 

12   the opportunity to be here in these chambers in 

13   the State of New York.

14                I want to congratulate the Bengali 

15   community.  You are adding to the fabric of what 

16   New York is.  Thank you for choosing New York as 

17   your home.  As an immigrant, I appreciate the 

18   contributions that you make to the State of 

19   New York.  I love that we had an imam here 

20   preaching and teaching all of us that this is 

21   what makes New York, and that Islam is peace, 

22   Islam is love.  

23                Thank you, Senator Díaz, for 

24   bringing us here.  And you as a Christian 

25   minister is very symbolic that you bring members 


                                                               1441

 1   of our community that are Muslim-American to 

 2   show the rest of us that this is what makes 

 3   New York so great, this is what makes New York so 

 4   fantastic.  

 5                Thank you again to the Bengali 

 6   community for choosing New York as your home, for 

 7   adding more to make our city more diverse.  

 8   Because of immigrants like yourself is that 

 9   people want to come to New York.  And thank you 

10   for choosing the United States as your home.  

11                Thank you so much, and happy 

12   Independence Day.

13                (Applause from gallery.)

14                ACTING PRESIDENT GRIFFO:   The 

15   resolution was adopted on March 21st of this 

16   year.  

17                We extend the courtesies and the 

18   welcome of the Senate to the consul general, the 

19   delegation from Bangladesh, and the Bengali 

20   community.  Welcome.

21                (Standing ovation.)

22                ACTING PRESIDENT GRIFFO:   The 

23   sponsor has requested that the resolution be 

24   opened for cosponsorship.  Should you choose to 

25   be a cosponsor, please notify the desk.


                                                               1442

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   The next 

 3   resolution is a privileged resolution by Senator 

 4   Jacobs.  Read the title only, and please call on 

 5   Senator Jacobs to speak.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution by Senator Jacobs, mourning the death 

10   of Colonel Patrick J. Cunningham, distinguished 

11   citizen, meritorious veteran, and devoted member 

12   of his community.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Jacobs.

15                SENATOR JACOBS:   Thank you, 

16   Mr. President.  

17                I rise today in tribute to the 

18   passing of an individual who served his country 

19   and his community with great honor and 

20   distinction, Retired Army Colonel Patrick J. 

21   Cunningham.  For the last 26 years, Colonel 

22   Cunningham served as the executive director of 

23   the Buffalo and Erie County Naval & Military 

24   Park, taking what was once a noble idea and a 

25   fledging organization and, with his leadership, 


                                                               1443

 1   transforming it into a park that proudly lives up 

 2   to its mission of honoring veterans and inspiring 

 3   citizens.

 4                Through his vision, the Buffalo and 

 5   Erie County Naval & Military Park has become a 

 6   major tourist attraction on Buffalo's waterfront, 

 7   a jewel of the community that attracts 80,000 

 8   visitors annually.

 9                Sadly, Colonel Cunningham passed 

10   away one day before the park's official opening 

11   for this season on Buffalo's waterfront, 

12   succumbing to an illness attributed in part to 

13   his exposure to Agent Orange during the 

14   Vietnam War.  

15                So great was Colonel Cunningham's 

16   dedication to the park that in lean times he 

17   would loan the park money to meet payroll, 

18   without telling anyone or expecting any thanks in 

19   return.  With his vast knowledge and military 

20   experience, Colonel Cunningham was a major figure 

21   in the military community of Western New York and 

22   a tremendous advocate to fellow veterans.  Our 

23   country, all of Buffalo, and those in Western 

24   New York owe Colonel Cunningham a great debt of 

25   gratitude.


                                                               1444

 1                Thank you for the opportunity to 

 2   present this resolution.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Jacobs.

 5                Senator Kennedy on the resolution.

 6                SENATOR KENNEDY:   Thank you, 

 7   Mr. President.

 8                First of all, let me thank our 

 9   colleague Senator Jacobs for bringing this 

10   privileged resolution to the floor today to honor 

11   a true hero in our community in Western New York, 

12   in our state, and in our great nation.

13                Last Saturday I attended the Buffalo 

14   and Erie County Naval & Military Park season 

15   opening, a yearly tradition often marked with 

16   celebration.  But this year when we gathered 

17   together, we were without one of the visionaries 

18   who led the park for nearly a quarter of a 

19   century.  As mentioned, on the eve of the season 

20   opening, we lost Colonel Patrick Cunningham, the 

21   park's executive director.  

22                Colonel Cunningham devoted his life 

23   to serving his country and community, first in 

24   active military service for 30 years, later 

25   serving Buffalo and Western New York through his 


                                                               1445

 1   dedication to the Buffalo Naval Park, the Boy 

 2   Scouts of America, the Greater Niagara Frontier 

 3   Council, and youth football and basketball.  

 4                Colonel Cunningham served our 

 5   country in Vietnam, and for his service was 

 6   awarded the Legion of Merit, the Bronze Star, the 

 7   Meritorious Medal, and the Army Commendation 

 8   Medal.

 9                After Vietnam, Colonel Cunningham 

10   supervised the Army's budget while assigned to 

11   the Pentagon, before returning home to Western 

12   New York.  

13                And when he became executive 

14   director of the Naval Park in 1993, he was taking 

15   on an immense challenge.  The City of Buffalo was 

16   a much different place than it is today.  There 

17   was little reason to visit the waterfront of 

18   Buffalo.  Attendance was low, and interest was 

19   waning.  

20                But Colonel Cunningham immersed 

21   himself in the park's resurgence.  In a 

22   demonstration of his enormous character and the 

23   giant that this gentleman was, he secretly paid 

24   other workers' salaries to help ease the park's 

25   early financial problems, while often refusing to 


                                                               1446

 1   taking a paycheck himself.  He created new 

 2   displays, updated existing exhibits, and worked 

 3   to improve the overall experience.  

 4                He worked to integrate the Naval 

 5   Park with the redevelopment of Canalside and the 

 6   waterfront, with full knowledge that doing so 

 7   would attract more visitors to the park -- and he 

 8   succeeded.  Today the Naval Park attracts over 

 9   80,000 visitors annually, and it's the largest 

10   inland naval park in the United States.  Last 

11   year alone, the park was visited by people from 

12   every single state and from over 100 countries.  

13                Fittingly, this season at the 

14   Buffalo and Erie County Naval Park is dedicated 

15   in Colonel Cunningham's honor.

16                To Colonel Cunningham we owe a debt 

17   of gratitude.  And to his sons Michael, Sean and 

18   Patrick, his daughters Colleen and Kathleen, we 

19   truly extend our condolences on your loss.  

20                He was an extraordinary man and will 

21   be missed, Mr. President.  May he rest in peace.  

22                Thank you very much.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Croci.

25                SENATOR CROCI:   Thank you, 


                                                               1447

 1   Mr. President.  

 2                And I'd like to thank my colleague 

 3   Senator Jacobs for bringing this resolution.  I 

 4   had the great privilege, as chairman of Homeland 

 5   Security, Military and Veterans Affairs, of 

 6   receiving an invitation from Senator Gallivan to 

 7   visit the park.  I've had the opportunity to meet 

 8   at the park twice with Colonel Cunningham.  I can 

 9   tell you, he was a dynamic figure.  

10                And one of the things that's most 

11   impressive is that regardless of his years of 

12   service in the military, he decided to come back 

13   and pay tribute to another generation of warrior, 

14   the Greatest Generation -- and that is our 

15   World War II generation -- by preserving and 

16   honoring the legacy at the Naval Park.

17                Anyone who has been there knows that 

18   there is a famous ship there, the USS The 

19   Sullivans.  And the colonel, for being an Army 

20   guy, took great pride in the naval tradition, but 

21   particularly the Greatest Generation, who was 

22   honored at that park.  He gave of himself, he was 

23   a delight to work with, and I'm very sorry.  

24                And I'm so glad that Senator Jacobs 

25   and Senator Kennedy have brought this resolution.


                                                               1448

 1                So thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   question is on the resolution.  All in favor 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT GRIFFO:   Opposed?

 7                (No response.)

 8                ACTING PRESIDENT GRIFFO:   The 

 9   resolution is adopted.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes.  Can we 

12   now take up Resolution 1179, by Senator Murphy, 

13   read the title only, and call on Senator Murphy 

14   to speak.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 1179, by Senator Murphy, 

19   mourning the death of David Rockefeller, generous 

20   philanthropist, businessman and devoted member of 

21   his community.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Murphy.

24                SENATOR MURPHY:   Thank you, 

25   Mr. President.


                                                               1449

 1                I rise today to acknowledge the 

 2   passing of a modern-day titan of both business 

 3   and development.  Last week New York State said 

 4   farewell to Mr. David Rockefeller.  

 5                Mr. Rockefeller's contributions to 

 6   our state in many aspects are unprecedented.  He 

 7   was brother to former New York State Governor 

 8   Nelson Rockefeller.  David was a proud Army 

 9   veteran serving in Africa and France during 

10   World War II.  For 20 years, he grew Chase 

11   National Bank and was the founder and chairman of 

12   Downtown Lower Manhattan Association.  

13                Acting as the driving force behind 

14   the building of the World Trade Center and a 

15   number of iconic landmarks and beyond, 

16   Mr. Rockefeller has had a tremendous impact on 

17   our great state.  

18                I send my best wishes to his 

19   children -- David Jr., Richard, Abby, Neva, 

20   Margaret, and Eileen, and the entire Rockefeller 

21   Center.  He will be surely missed.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Murphy.

25                Senator Hoylman.


                                                               1450

 1                SENATOR HOYLMAN:   Thank you, 

 2   Mr. President.  I wanted to thank my colleague 

 3   for the resolution on David Rockefeller.  

 4                I wanted to mention something.  

 5   Rockefeller Center is in my Senate district, and 

 6   another former constituent of mine, Andy Warhol, 

 7   once said, "If you're a Rockefeller, New York is 

 8   really your town."

 9                And if you think about David 

10   Rockefeller and his life, he gave so much to 

11   New York City.  In the early 1980s he brought 

12   together business and labor leaders to help bring 

13   New York City out of fiscal ruin.  And he created 

14   something called the Partnership for New York 

15   City, which is a consortium of chief executives 

16   from all boroughs of New York, to work together 

17   with organized labor, with nonprofit leaders, to 

18   strategize how to make a stronger city.  

19                And they have actually established, 

20   over the last several decades, a legacy in his 

21   name called the David Rockefeller Fellows 

22   Program.  And since it was begun, 362 business 

23   executives aspiring to the levels of civic 

24   contribution of David Rockefeller have actually 

25   visited places like Albany and City Hall and 


                                                               1451

 1   Rikers Island and learned how the business 

 2   community can make a contribution to civic life.

 3                So I think it's very important, as 

 4   we remember and commend the Rockefeller family 

 5   for their contributions to New York, that this is 

 6   an individual who gave back as much as he 

 7   received.  

 8                Thank you.

 9                ACTING PRESIDENT GRIFFO:   The 

10   question is on the resolution.  All in favor 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT GRIFFO:   Opposed?

14                (No response.)

15                ACTING PRESIDENT GRIFFO:   The 

16   resolution is adopted.

17                Both the previous resolution by 

18   Senator Jacobs and this resolution by Senator 

19   Murphy have been offered up for cosponsorship.  

20   Should you choose to be a cosponsor, please 

21   notify the desk.  

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Would you now 

24   take up previously adopted Resolution Number 

25   1161, by Senator Kaminsky, read it in its 


                                                               1452

 1   entirety, and call on Senator Kaminsky to speak.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 1161, by Senator Kaminsky, 

 6   commending John Rigazio for his extraordinary 

 7   efforts --

 8                ACTING PRESIDENT GRIFFO:   Excuse 

 9   me.  

10                Senator DeFrancisco, why do you 

11   rise?

12                SENATOR DeFRANCISCO:   You'll want 

13   to recognize me.  Title only.

14                (Laughter.)

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator DeFrancisco.

17                Secretary will reread.

18                THE SECRETARY:   Legislative 

19   Resolution Number 1161, by Senator Kaminsky, 

20   commending John Rigazio for his extraordinary 

21   efforts to support and raise funds for autism 

22   awareness and research, on June 10, 2016.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Kaminsky.

25                SENATOR KAMINSKY:   Thank you so 


                                                               1453

 1   much, Mr. President.  

 2                We have in our midst a very special 

 3   young man and a very special family who really 

 4   represent the heart and the spirit of the 

 5   communities that I'm very proud to represent.  

 6                John Rigazio is a senior in 

 7   Rockville Centre, in South Side High School, who 

 8   has decided to take autism awareness and funding 

 9   for autism awareness and services to an 

10   incredible level.  He and his father rode on a 

11   tandem bike from Battery Park, New York City, to 

12   Westhampton, going through about 10 different 

13   Senate districts, and really extraordinarily, on 

14   his own, raising $40,000 last year.  

15                I can't tell you how proud I am of 

16   him and how great it's been to get to know the 

17   Rigazio family.  His father Joe, his mother 

18   Jackie, and their family are here today.  And 

19   John is committed to doing it again this year and 

20   raising even more money.

21                You know, autism is such an 

22   important cause.  And a lot of people talk about 

23   it, a lot of people try to commit to it.  I have 

24   yet to see a commitment like this.  And I'm 

25   really proud to recognize him here with this 


                                                               1454

 1   resolution today.  

 2                So, Mr. President, I ask that you 

 3   kindly welcome the Rigazio family.  John, I say 

 4   to you, you'll be going to college in Connecticut 

 5   next year, you'll be successful in whatever you 

 6   try to achieve.  I know you'll put your heart 

 7   into it, and my money is on you.  

 8                If you would welcome the family, 

 9   Mr. President, and give them all the cordialities 

10   of the Senate, it would be greatly appreciated.

11                Thank you.  

12                ACTING PRESIDENT GRIFFO:   The 

13   resolution was adopted on March 23rd of this 

14   year.  

15                I would extend a warm welcome and 

16   the privileges of the house to John Rigazio and 

17   the entire Rigazio family.  Please stand and be 

18   recognized.

19                (Standing ovation.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, I 

23   believe that's also up for cosponsorship.

24                ACTING PRESIDENT GRIFFO:   The 

25   resolution is open for cosponsorship.  Should you 


                                                               1455

 1   choose to be a cosponsor, please notify the desk.  

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Would you now 

 4   please take up the noncontroversial reading of 

 5   the active calendar.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   180, by Senator Little, Senate Print 136, an act 

10   to amend the Parks, Recreation and Historic 

11   Preservation Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT GRIFFO:   Announce 

20   the results.

21                THE SECRETARY:   In relation to 

22   Calendar 180, those recorded in the negative are 

23   Senators Alcantara, Avella, Bailey, Comrie, Díaz, 

24   Hoylman, Persaud, Rivera, Serrano and Stavisky.  

25   Also Senator LaValle.


                                                               1456

 1                Ayes, 47.  Nays, 11.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   263, by Senator Bonacic, Senate Print 1065, an 

 6   act to amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of July.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Some 

15   order in the house, please.

16                Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar 263, those recorded in the negative are 

19   Senators Alcantara, Comrie, Díaz, Hoylman, 

20   Montgomery, Peralta, Rivera, Serrano, Squadron.  

21   Also Senator Bailey.

22                Ayes, 50.  Nays, 10.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1457

 1   279, by Senator Funke, Senate Print 1443, an act 

 2   to amend the Alcoholic Beverage Control Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   In relation to 

14   Calendar 279:  Ayes, 59.  Nays, 1.  Senator Díaz 

15   recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is still passed.

18                (Laughter.)

19                THE SECRETARY:   Calendar Number 

20   285, by Senator Gallivan, Senate Print 1981, an 

21   act to amend the Social Services Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1458

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   438, Assembly Budget Bill, Assembly Print 3002A, 

 9   an act making appropriations.  

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

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

18   Senator LaValle recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   502, by Senator Avella, Senate Print 1271, an act 

23   to amend the Executive Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               1459

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco to explain his vote.

 8                Can I have some order, please.

 9                SENATOR DeFRANCISCO:   I'm going to 

10   vote no.  

11                Not to be overly technical, but I 

12   don't think we need a law to determine how to 

13   measure a thousand feet.  So I vote no.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   DeFrancisco to be recorded in the negative.

16                Announce the results.

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

18   Senators DeFrancisco and Montgomery recorded in 

19   the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                Senator DeFrancisco, that completes 

23   the noncontroversial reading of today's 

24   active-list calendar.

25                SENATOR DeFRANCISCO:   Yes.  Is 


                                                               1460

 1   there any further business at the desk?  

 2                ACTING PRESIDENT GRIFFO:   There is 

 3   no further business at the desk.

 4                SENATOR DeFRANCISCO:   Well, before 

 5   we conclude, however, I think Senator Kaminsky 

 6   would like to say --

 7                ACTING PRESIDENT GRIFFO:   Can I 

 8   have some order, please.

 9                SENATOR DeFRANCISCO:   -- would like 

10   to amend his prior statement that was incomplete.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Kaminsky.

13                SENATOR KAMINSKY:   Thank you, 

14   Mr. President.  

15                In my excitement, I neglected to 

16   mention that John Rigazio's mother Jackie joined 

17   them halfway in the 100-mile bike ride, rode 

18   herself 50 miles.  I don't think my mom has ever 

19   ridden 50 miles ever, in her life, as much as she 

20   loves me.  

21                So thank you for raising a great 

22   young man, and thank you for your efforts for 

23   autism awareness.  

24                And thank you, Mr. President.

25                (Applause.)


                                                               1461

 1                SENATOR DeFRANCISCO:   Therefore, I 

 2   now move to adjourn until Wednesday, March 29th, 

 3   at 3:00 p.m.

 4                ACTING PRESIDENT GRIFFO:   There 

 5   being no further business before the desk, and on 

 6   motion, the Senate will stand adjourned until 

 7   Wednesday, March 29th, at 3:00 p.m. 

 8                The Senate stands adjourned.

 9                (Whereupon, at 3:58 p.m., the Senate 

10   adjourned.)

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