Regular Session - May 2, 2017

                                                                   2184

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 2, 2017

11                     3:09 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2185

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

 2                ACTING PRESIDENT CROCI:   The 

 3   Senate will come to order.

 4                Color Guard, parade the colors.  

 5                (The Color Guard entered the 

 6   chamber and advanced to the front.)

 7                ACTING PRESIDENT CROCI:   Will you 

 8   please join in reciting the Pledge of 

 9   Allegiance.

10                (Whereupon, the assemblage recited 

11   the Pledge of Allegiance to the Flag.)

12                ACTING PRESIDENT CROCI:   With us 

13   today is Lieutenant Colonel Gary T. Fisher.  He 

14   will be delivering the invocation.  He is the 

15   10th Mountain Division chaplain of the 

16   Fundamental Baptist Fellowship International in 

17   Fort Drum, New York.

18                Colonel Fisher.

19                CHAPLAIN FISHER:   I invite you to 

20   pray with me.  

21                Our precious heavenly Father, we 

22   thank You for today, for the life that You've 

23   given us, the riches of Your blessings, the 

24   freedoms we enjoy, and Your gracious and tender 

25   mercies.  


                                                               2186

 1                In this chamber we pause to offer 

 2   You gratitude for the gift of this great nation 

 3   and for the great State of New York.  Forgive us 

 4   for our transgressions against You, and help 

 5   those gathered here today to work together in 

 6   the knowledge of Your truth.  

 7                I thank You for these leaders who 

 8   are here by Your authority.  Please bless them 

 9   and their families.  Give them the wisdom, 

10   discernment, humility and guidance that they 

11   need in fulfilling the obligations and 

12   responsibilities entrusted to them.  May they be 

13   quick to hear and slow to speak, slow to anger.  

14   May their weakness be the vessel of Your 

15   strength.  

16                May the work that is accomplished 

17   promote Your righteousness and peace throughout 

18   the great State of New York.  So shall we make 

19   our nation great in goodness and good in its 

20   greatness.  

21                Our solemn prayer is that You will 

22   guide us by Your word, that You will comfort us 

23   by Your presence, that You will strengthen us by 

24   Your power.  

25                It is in Your holy name we pray, 


                                                               2187

 1   amen.  

 2                (The Color Guard exited the 

 3   chambers.)

 4                ACTING PRESIDENT CROCI:   Ladies 

 5   and gentlemen, I have the high honor and great 

 6   privilege to introduce to you Major General 

 7   Walter Piatt, the commander of the 10th Mountain 

 8   Division in Fort Drum, New York.  

 9                General?  

10                MAJOR GENERAL PIATT:   Good 

11   afternoon.  

12                (Response of "Good afternoon.")

13                MAJOR GENERAL PIATT:   As we say in 

14   the 10th Mountain Division, "Climb to glory."  

15   Which fits perfectly with the state motto:  

16   "Excelsior," ever upward.  So since we are both 

17   moving up, it makes perfect sense to me that the 

18   10th Mountain is your division.  

19                I'm honored to be here with you 

20   today, the sixth 10th Mountain Division and 

21   Fort Drum Day.  Back at Fort Drum, we 

22   affectionately call this day Albany Day, and 

23   only a few of us get to make the cut.  I put my 

24   name on top of the list.  

25                (Laughter.)


                                                               2188

 1                MAJOR GENERAL PIATT:   But I think 

 2   it speaks to our shared understanding of how 

 3   important our relationship is and the need to 

 4   move ever upward.  

 5                Governor Cuomo, Lieutenant Governor 

 6   Hochul, Senate and Assembly leadership -- 

 7   especially to Senator Patty Ritchie -- it was 

 8   with sincere gratitude that we once again 

 9   accepted your invitation to be here today.  And 

10   yet it is you all who have spent today ensuring 

11   we feel your thanks.

12                Senator Ritchie is a champion for 

13   us, and she makes every soldier feel like part of 

14   the community.  Twice in my son's time in high 

15   school up in Carthage, New York, she sent him a 

16   special note of a photo of him she saw of him in 

17   the local newspaper, saying "I saw something 

18   special about you."  Those photos are framed and 

19   forever on his wall, wherever our military home 

20   is.

21                She makes you feel like you're part 

22   of that community, and not just a military kid on 

23   another new assignment.  I call her my Senator.  

24   And ma'am, I want to say thank you again.

25                Most of us here -- there are a lot 


                                                               2189

 1   of us here that are from New York.  Some of the 

 2   soldiers sitting right over here to my left, 

 3   31st Infantry Polar Bears, are from New York.  

 4   And Staff Sergeant Flynn, his parents are here 

 5   today to witness and see what he brings to the 

 6   Army every single day.  

 7                Years ago when I was here as a 

 8   deputy commander, we responded to a hurricane 

 9   named Sandy.  It was hard to figure out what an 

10   active duty division could provide.  We were 

11   eager, but yet we were waiting for federal 

12   authorization to support.  Soldiers rushed to the 

13   motor pool and readied their fuelers.  They said, 

14   "Sir, this is our home.  If you can send us to 

15   Iraq and to Afghanistan, you can send us to 

16   New York City to help our families."

17                Although it's an entirely unique 

18   honor for me to be sharing our stories and 

19   displays with you all here today, historically it 

20   does make perfect sense.  This beautiful 

21   building -- this beautiful building was finished 

22   by you lawmakers in 1899.  But just nine years 

23   later, it was some of those very first occupants 

24   that were discussing and approving the creation 

25   of Pine Camp, which is now Fort Drum.  


                                                               2190

 1                Our Army saw the incredible training 

 2   value in the foothills of the Adirondacks, and 

 3   the first legislators to walk these halls 

 4   understood their state's value in supporting our 

 5   nation's defense.  The synergy of this 

 6   relationship, with its roots here more than a 

 7   century ago, has ensured that Fort Drum is where 

 8   our nation looks when she needs to hone the 

 9   skills of its war fighters, from World War I to 

10   the Global War on Terror.  And now, as we look to 

11   an ever-evolving future fight, there is no doubt 

12   we are again standing together during a critical 

13   time, depending upon the training opportunities 

14   afforded to us at Fort Drum, made possible 

15   through the work and cooperation of those who 

16   came before us.

17                Over the past 15 months, the 

18   10th Mountain Division patch has been visible 

19   around the globe, supporting operations and 

20   missions in Afghanistan, Iraq, Kuwait, 

21   North Africa, Germany, Poland, Latvia, Greece, 

22   and Korea.  

23                Today our Combat Aviation Brigade is 

24   a few months into a nine-month deployment to 

25   Eastern Europe.  I spoke with the commander 


                                                               2191

 1   Saturday, and his forces are deployed from 

 2   Estonia to Greece, building partner capacity 

 3   throughout the NATO alliance.

 4                Members of our 10th Sustainment 

 5   Brigade are preparing for deployment to Kuwait.  

 6                Your pride in your soldiers is not 

 7   misplaced.  They demonstrate resolve and 

 8   commitment to international partners around the 

 9   world with expertise and professionalism and are 

10   light, fast, and lethal when our enemies make the 

11   mistake of threatening our nation's security.

12                It's a North Country saying to "make 

13   hay while the sun shines."  And if you're at 

14   Fort Drum now, you're getting ready to make hay.  

15   Training is ramping up and we're bringing 

16   together active-duty, Army Reserve, 

17   National Guard units from around the country, as 

18   well as other services, for world-class training 

19   events.  

20                Our North Country neighbors living 

21   around the installation will tell you, it's busy, 

22   it's loud, a rattling and rumbling season.  We 

23   may not be the quietest of neighbors, but rest 

24   assured we are among the most grateful.  Without 

25   the continued grace and understanding of our 


                                                               2192

 1   surrounding communities, we would not be able to 

 2   keep our units in line with the Army's training 

 3   guidelines to ensure the highest level of 

 4   readiness for our soldiers.

 5                And because a little space goes a 

 6   long way when you're a loud neighbor like we are, 

 7   perhaps one of the most important enablers to 

 8   sustaining training readiness is the Army 

 9   Compatible Use Buffer Program, which was 

10   bolstered by more than $4.5 million from New York 

11   State.  Together we are committed to ensuring 

12   encroachment does not diminish any of the post's 

13   training potential.

14                Our sustainability empowers more 

15   than training.  Fort Drum is a power projection 

16   platform, which is just our way of saying we have 

17   the ability to send our soldiers anywhere in the 

18   world in a very short amount of time.  We're the 

19   only defense asset with the ability to do this in 

20   the entire Northeast of the United States.

21                And again, New York State is 

22   empowering that capability with a $22 million 

23   investment to infrastructure that will improve 

24   access between the main post of Fort Drum and our 

25   air field.  In this time of continuing 


                                                               2193

 1   resolutions and diminishing resources, this kind 

 2   of support resonates across the Army.  And as the 

 3   Army has had to look for places to cut, we've 

 4   been able to stand together and say, You can't 

 5   afford do so here.

 6                Since the last round of cuts, 

 7   Fort Drum and the 10th Mountain Division has led 

 8   the total Army effort with regional partnerships 

 9   and increased combat readiness and capability 

10   across all military components.  The Northeast 

11   Regional Partnership Program aligns brigades of 

12   the division and similar units and formations 

13   across and within the Army and the Army National 

14   Guard, allowing for an open exchange of ideas, 

15   exchange of best practices and resources to 

16   increase readiness and capability.

17                And appropriately, a key partner in 

18   our program is New York's 42nd Infantry Division.  

19   Thanks to the efforts of so many of you here 

20   today, the 42nd Infantry Division actively 

21   supports our main command post operational 

22   detachment.  Stationed out of Syracuse, these 

23   soldiers augment critical areas such as 

24   intelligence, operations, and civil and public 

25   affairs, allowing the 10th Mountain Division to 


                                                               2194

 1   maintain essential capabilities during our many 

 2   deployments.  

 3                The benefits to our relationship are 

 4   mutual.  In 2016, the Fort Drum Fire Department 

 5   answered 104 mutual aid calls in Jefferson 

 6   County.  Many of our soldiers and civilian 

 7   employees are volunteer members of neighboring 

 8   fire departments.  

 9                Law enforcement agencies throughout 

10   New York rely on our explosive ordnance disposal 

11   teams to investigate and remove any found 

12   ordnance.  Many of you tried to pick up a small 

13   plastic bottle today.  Imagine trying to pick up 

14   ordnance without these trained professionals.  

15   They support local schools and science and job 

16   fairs around the North Country community.  

17                Fort Drum relies on the 

18   North Country medical community to provide 

19   comprehensive managed healthcare.  We simply 

20   could not care for our soldiers and families 

21   without them.  This unique model focuses on 

22   maintaining and improving and restoring health to 

23   more than 40,000 soldiers, family members, and 

24   retirees.  This unique relationship is a proven 

25   model for efficiency within the Army and empowers 


                                                               2195

 1   the recruitment and retention of specialty care.

 2                As with healthcare, when Fort Drum 

 3   became the home of the 10th Mountain Division in 

 4   the '80s, the decision was made to send our 

 5   military children to schools off-post.  And the 

 6   reputation that New York State has for educating 

 7   its youth makes Fort Drum an appealing location 

 8   for many of our families.  

 9                I'm one of them.  This is my third 

10   time coming to Fort Drum, and much of that has to 

11   do with how much my family loves it here.  My 

12   children still have friends in the area, and I 

13   fondly remember my daughter's first day of 

14   school.  The day before she started school, her 

15   teacher came from the off-post school of Evans 

16   Mills, came to our quarters to introduce herself 

17   to our very nervous and scared young girl.  

18                Later on, my son was the quarterback 

19   for Carthage -- who really took it to 

20   Indian River, but fell short the year 

21   Indian River won the state championship.  

22                But we're part of that community, 

23   and we're part of that community because the 

24   community embraces us.  My daughter just 

25   graduated college, but still today these school 


                                                               2196

 1   districts', teachers', and staffs' close partnership 

 2   with our military families is critical, 

 3   especially during times of deployments.

 4                In turn, the millions of dollars of 

 5   federal impact aid that is funneled into 

 6   North Country schools is used for all who attend.  

 7   Military programs like Soldier for Life, 

 8   transition assistance, in addition to working 

 9   with federal agencies like the Department of 

10   Labor and Veterans Affairs, are also in constant 

11   contact with statewide employers, local and 

12   regional economic development agencies, trade 

13   schools, and the State University of New York 

14   system to promote opportunities for soldiers and 

15   family members transitioning from active duty 

16   service so that they decide to stay, work, raise 

17   their families, and pay their taxes in New York.

18                Recent legislation has made it 

19   easier for families moving to Fort Drum from out 

20   of state to obtain employment in fields that 

21   require certification and licenses.  Reducing the 

22   paperwork and recognizing out-of-state 

23   certifications empowers financial security for 

24   those military families living and working here 

25   and also provides a qualified workforce for 


                                                               2197

 1   many hard-to-fill vocations.

 2                Our natural resource managers are 

 3   good stewards of installation property to ensure 

 4   the military can operate on these lands safely 

 5   and within regulatory guidelines.  Good 

 6   stewardship not only benefits military trainers 

 7   but also the stakeholders and natural resources.  

 8                Our environmental team maintains 

 9   wetlands, tracks wildlife and their habitats, 

10   empowers sustainable hunting, cares for 

11   archeological sites and cemeteries, and so much 

12   more.  We do so in order to ensure that we will 

13   be afforded the pristine training opportunities 

14   available here first discovered more than 100 

15   years ago.

16                But also we recognize the incredible 

17   wild beauty of Fort Drum and its importance to 

18   the area's ecosystem, and we feel very protective 

19   of it.  To me, Fort Drum is a nature preserve 

20   where wildlife thrives, past culture is 

21   preserved, recreation is abundant, and military 

22   training is at its very best.

23                I'm less than one week in this job 

24   and getting to lead this mighty Climb to Glory 

25   team.  Just last Thursday I took command from 


                                                               2198

 1   Major General Jeffrey Bannister, one of our best 

 2   combat-tested warriors in the United States Army.  

 3   During the hand-off we didn't talk tactics, we 

 4   didn't talk deployments, we talked how important 

 5   the North Country community is to the 

 6   10th Mountain Division and how important it is to 

 7   live and train in Northern New York, where we can 

 8   meet the demands the Army places on us.

 9                It's an important part of our change 

10   of command, because this unique and historic 

11   relationship is the cornerstone of our soldiers' 

12   success.  And our soldiers' success is our 

13   nation's security.

14                Thank you for honoring Fort Drum and 

15   the 10th Mountain Division here today.  But more 

16   importantly, thank you for what you do for the 

17   10th Mountain Division and our families, 

18   civilians, and North Country communities every 

19   day.  We truly are your New York division.  

20                Climb to glory!

21                (Standing ovation.)

22                ACTING PRESIDENT CROCI:   The 

23   reading of the Journal.

24                THE SECRETARY:   In Senate, Monday, 

25   May 1st, the Senate met pursuant to adjournment.  


                                                               2199

 1   The Journal of Sunday, April 30th, was read and 

 2   approved.  On motion, Senate adjourned.

 3                ACTING PRESIDENT CROCI:   Without 

 4   objection, the Journal stands approved as read.

 5                Presentation of petitions.

 6                Messages from the Assembly.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   move to the adoption of the Resolution Calendar, 

16   with the exception of Resolution 1854, please.

17                ACTING PRESIDENT CROCI:   All in 

18   favor of adopting the Resolution Calendar, with 

19   the exception of Resolution Number 1854, please 

20   signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT CROCI:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT CROCI:   The 


                                                               2200

 1   Resolution Calendar is adopted.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Can you now 

 4   take up previously adopted Resolution 761, by 

 5   Senator Ritchie, read it in its entirety, and 

 6   call on Senator Ritchie to speak.

 7                ACTING PRESIDENT CROCI:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Legislative 

10   Resolution Number 761, by Senator Ritchie, 

11   memorializing Governor Andrew M. Cuomo to 

12   proclaim May 2, 2017, as 10th Mountain Division 

13   and Fort Drum Day in the State of New York.

14                "WHEREAS, Fort Drum is located in 

15   Jefferson County, in Northern New York, and is 

16   the largest military installation in the 

17   Northeastern United States; and 

18                "WHEREAS, Fort Drum is named for 

19   Lieutenant General Hugh Drum, a decorated 

20   national hero, former commander of First Army, 

21   and an early leader of the state's own volunteer 

22   militia, the New York Guard; and 

23                "WHEREAS, For more than 30 years, 

24   Fort Drum has been home to the United States 

25   Army's storied 10th Mountain Division, one of the 


                                                               2201

 1   most deployed units in the U.S. Army; and 

 2                "WHEREAS, The 10th Mountain Division 

 3   served with honor, distinction and great 

 4   sacrifice as part of Operation Enduring Freedom 

 5   and other actions central to our nation's 

 6   response to the terrorist attacks of 

 7   September 11, 2001; and 

 8                "WHEREAS, Elements of the 

 9   10th Mountain Division, based at Fort Drum in 

10   New York State, were the first to be deployed in 

11   the aftermath of those attacks and the last units 

12   to return from combat duty; and 

13                "WHEREAS, In addition to Operation 

14   Enduring Freedom, 10th Mountain Division  

15   deployments have included Hurricane Andrew relief 

16   in Florida, Operation Restore Hope in Somalia, 

17   Operation Uphold Democracy in Haiti, Task Force 

18   Eagle in Kosovo, and Operation Iraqi Freedom; and 

19                "WHEREAS, More than 300 brave men 

20   and women who were members of the 10th Mountain 

21   Division and based at Fort Drum have given their 

22   lives in the cause of defeating global terrorism; 

23   and 

24                "WHEREAS, The distinguished service 

25   of units posted to Fort Drum has been celebrated 


                                                               2202

 1   by presidents, members of Congress, and members  

 2   of the international community; and 

 3                "WHEREAS, In addition to its vital 

 4   role in our nation's defense, Fort Drum is the 

 5   largest employer in Northern New York, and an 

 6   economic engine for the state and region, with a 

 7   direct impact of more than $1 billion; and 

 8                "WHEREAS, The 19,000 soldiers and 

 9   officers of Fort Drum and their families are an 

10   integral part of the community, and are welcomed  

11   as neighbors, coworkers, classmates, friends and 

12   fellow New Yorkers; and 

13                "WHEREAS, It is the sense of this 

14   Legislative Body to salute the soldiers and 

15   officers of the 10th Mountain Division, to honor  

16   their dedication to preserving our freedom and 

17   our nation, and to recognize their individual and 

18   collective contributions to our communities and  

19   to New York State; and 

20                "WHEREAS, For the past six years, 

21   10th Mountain Division and Fort Drum Day has 

22   served to educate members of this Legislative  

23   Body about the sacrifices made by the brave men 

24   and women of our armed forces, as well as the 

25   importance of the installation to our nation's  


                                                               2203

 1   defense and New York's economy; and 

 2                "WHEREAS, Fort Drum has and will 

 3   continue to play an important and essential role 

 4   in ensuring our nation's military readiness to 

 5   defend our state and nation against hostility and 

 6   threats to our safety and national security; now, 

 7   therefore, be it 

 8                "RESOLVED, That this Legislative 

 9   Body pause in its deliberations to memorialize 

10   Governor Andrew M. Cuomo to proclaim May 2, 2017, 

11   as 10th Mountain Division and Fort Drum Day in 

12   the State of New York; and be it further 

13                "RESOLVED, That a copy of this 

14   resolution, suitably engrossed, be transmitted  

15   to Major General Walter E. Piatt, Commanding 

16   General, 10th Mountain Division and Fort Drum."

17                ACTING PRESIDENT CROCI:   Senator 

18   Ritchie.

19                SENATOR RITCHIE:   Thank you, 

20   Mr. President.

21                It's my honor to once again host 

22   Fort Drum Day in the New York State Senate.  For 

23   six years, Fort Drum Day has given us the 

24   opportunity to meet some of the soldiers and 

25   officers who are on the front lines in defense of 


                                                               2204

 1   our freedom, to learn about them and their 

 2   important work, to express our appreciation for 

 3   their service and sacrifice, and to learn about 

 4   the importance of Fort Drum both to our nation 

 5   and to the State of New York.

 6                Fort Drum is New York State's 

 7   largest single-site employer and a centerpiece of 

 8   the economy of the region that I represent.

 9                Today we are joined in the chamber 

10   by some of the members of the 10th Mountain 

11   Division who are native New Yorkers.  Across many 

12   battles and every war, and on every continent, 

13   New York has been well-represented in the service 

14   of our nation.  And we can all take great pride 

15   that this tradition continues.  

16                I would like to take a moment to 

17   introduce our New Yorkers:  Captain Ryan 

18   Marquette, from Rome; Staff Sergeant John Flynn, 

19   from Schenectady; Sergeant David Speer, Hilton; 

20   Specialist Holden Schoenig, from Bellport; 

21   Specialist James Cox, from Buffalo; Private First 

22   Class Alan Harris, from Watertown; Private First 

23   Class Michael Bathrick, from Poughkeepsie; 

24   Private First Class Reginald Castillo, from 

25   Queens.


                                                               2205

 1                Amidst the ceremony, the medals, the 

 2   flags and the displays today -- and when we go 

 3   out of our way to say to a soldier in uniform 

 4   "Thank you for your service" -- it's important to 

 5   never forget what these men and women are all 

 6   about.  Major General Walter Piatt, Fort Drum's 

 7   new commanding general, put it well last week 

 8   during the change of command ceremony on post:  

 9   "When our nation faces a crisis, it turns to the 

10   Army, and the Army turns to the 10th Mountain 

11   Division and Fort Drum."  

12                Twenty-three times this division has 

13   deployed since September 11th.  Right now 

14   10th Mountain troops are on the front lines in 

15   Afghanistan and Korea.  They've led the fight and 

16   they've helped keep peace in trouble spots around 

17   the world from Somalia to Panama, from Bosnia to 

18   Haiti.  

19                And closer to home, they've worked 

20   to protect and rebuild communities in the wake of 

21   Katrina, Andrew, and Sandy.  General Piatt 

22   himself has served two tours in Afghanistan and 

23   one in Iraq, among other postings.  One of his 

24   predecessors, General Stephen Townsend, who you 

25   met on a previous Fort Drum Day, is now leading 


                                                               2206

 1   the fight against ISIS.  Another, General Mark 

 2   Milley, is now the Army's Chief of Staff, the 

 3   highest-ranking uniformed officer.  

 4                Every morning when I turn on the TV 

 5   and I hear about another crisis in another corner 

 6   of the world, I say a quiet thank you for the men 

 7   and women who serve at Fort Drum and I say a 

 8   quiet prayer for their safety.  Because when the 

 9   10th Mountain Division deploys, these courageous 

10   men and women fight to win.  My colleagues, what 

11   you see here today and throughout the day in the 

12   Concourse, is what winning looks like.

13                So let me just thank the soldiers at 

14   Fort Drum for allowing us to learn and celebrate.  

15   Thank you, General Piatt, for your leadership and 

16   sacrifice.  Thank you, Chaplain Fisher, for your 

17   inspiration and your service.  And thank you to 

18   all the soldiers and the officers of the 

19   10th Mountain Division, and to the members of 

20   your family, for the honor and privilege of 

21   representing you here in the New York State 

22   Senate.

23                Let us also take a moment to 

24   recognize General Ray Shields, who is the 

25   commander of the New York Army National Guard.  


                                                               2207

 1                Thank you to the members of the 

 2   community organizations who are here to support 

 3   the 10th Mountain Division, along with my good 

 4   friend Senator Jim Wright, who traveled here from 

 5   Watertown and also has always been a great 

 6   supporter of Fort Drum.  

 7                Finally, Leader, I would like to 

 8   thank you and all of our colleagues for your 

 9   support of our soldiers and for the 10th Mountain 

10   Division and for Fort Drum.  

11                Thank you, Mr. President.

12                (Standing ovation.)

13                ACTING PRESIDENT CROCI:   Senator 

14   Flanagan.

15                SENATOR FLANAGAN:   Thank you, 

16   Mr. President.

17                I'd like to add my voice to that of 

18   Senator Ritchie.  And to all the folks who are 

19   here from Fort Drum, you know this and I'm going 

20   to repeat it so the public knows it as well.  You 

21   don't have a better advocate.  She is passionate 

22   and unrelenting on your behalf, all in good ways.  

23                And I think back to a couple of 

24   years ago.  Based on what Senator Ritchie had 

25   done to educate us and enlighten us as to the 


                                                               2208

 1   value of Fort Drum, not only in her region but to 

 2   the state and the country -- there was a time 

 3   where the Army was looking to downsize and make 

 4   cuts.  And it took about a New York minute for 

 5   Patty to enlist the support of everybody in this 

 6   chamber, advocating to make sure that that didn't 

 7   happen.  And fortunately, it didn't.

 8                In listening to our colleagues, 

 9   Senator Hannon remarked to me that all of these 

10   young men and women look like they're in 

11   spectacular shape.  And I hasten to add that 

12   every one of them can button all 12 buttons on 

13   their jacket, so we know they're in good shape.  

14                (Laughter.)

15                SENATOR FLANAGAN:   Two, I asked 

16   Senator Ritchie:  What is the appropriate title, 

17   is it Major General, is it General?  

18                So Major General, General, 

19   Commander, I'm just going to say "sir" and 

20   welcome you and -- I'll close on this point, it's 

21   very simple -- thank you for who you are, what 

22   you do on our behalf.

23                And you made reference to this being 

24   your third tour and coming home.  To me as a 

25   New Yorker, that feels pretty darn good, knowing 


                                                               2209

 1   that you would consider New York to be your home.  

 2   And then you spoke glowingly of your own family, 

 3   particularly your children.  I feel like, based 

 4   on the years that you all have been coming here, 

 5   when I came to visit I was accorded a deference 

 6   and respect, along with my colleagues, that I'm 

 7   not sure I deserve, but by golly it felt very 

 8   good anyway.  I felt like I was family when I had 

 9   the privilege of meeting with you.  

10                Godspeed to all of you, and thank 

11   you for everything you do.

12                (Standing ovation.)

13                ACTING PRESIDENT CROCI:   Senator 

14   DeFrancisco.

15                SENATOR DeFRANCISCO:   And can we 

16   open this up for cosponsorship, please.

17                ACTING PRESIDENT CROCI:   The 

18   resolution is open for cosponsorship.  If you 

19   wish to be a cosponsor, please notify the desk.  

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   All right, I 

22   have some motions, the first of which, I wish to 

23   call up Senator Griffo's bill, Number 2538, 

24   recalled from the Assembly, which is now at the 

25   desk.


                                                               2210

 1                ACTING PRESIDENT CROCI:   The 

 2   Secretary will read the title of the bill.

 3                THE SECRETARY:   Calendar Number 

 4   220, by Senator Griffo, Senate Print 2538, an act 

 5   to amend the Vehicle and Traffic Law.

 6                SENATOR DeFRANCISCO:   I now move to 

 7   reconsider the vote by which the bill was passed.

 8                ACTING PRESIDENT CROCI:   Call the 

 9   roll on reconsideration.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT CROCI:   The bill 

13   is restored to its place on the Third Reading 

14   Calendar.

15                SENATOR DeFRANCISCO:   I now offer 

16   the following amendments.

17                ACTING PRESIDENT CROCI:   The 

18   amendments are received, and the bill retains its 

19   place on the Third Reading Calendar.

20                SENATOR DeFRANCISCO:   I'd like to 

21   call up Senator Gallivan's bill, Print Number 

22   2933, recalled from the Assembly, which is now at 

23   the desk.

24                ACTING PRESIDENT CROCI:   The 

25   Secretary will read the title of the bill.


                                                               2211

 1                THE SECRETARY:   Calendar Number 

 2   242, by Senator Gallivan, Senate Print 2933, an 

 3   act to amend the Mental Hygiene Law.

 4                SENATOR DeFRANCISCO:   I now move to 

 5   reconsider the vote by which the bill was passed.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 58.

10                SENATOR DeFRANCISCO:   I now offer 

11   the following amendments.

12                ACTING PRESIDENT CROCI:   The 

13   amendments are received, and the bill retains its 

14   place on the Third Reading Calendar.

15                SENATOR DeFRANCISCO:   I now move 

16   that Senate Bill Numbers 5666 and 5667, by 

17   Senator Seward, be discharged from their 

18   respective committees and be recommitted with 

19   instructions to strike the enacting clause.

20                ACTING PRESIDENT CROCI:   So 

21   ordered.

22                SENATOR DeFRANCISCO:   Will you now 

23   recognize Senator Valesky.

24                ACTING PRESIDENT CROCI:   Senator 

25   Valesky.


                                                               2212

 1                SENATOR VALESKY:   Thank you, 

 2   Mr. President.

 3                On page 22, I offer the following 

 4   amendments to Calendar 379, Senate Bill 4628, and 

 5   ask that Senator Savino's bill retain its place 

 6   on the Third Reading Calendar.

 7                ACTING PRESIDENT CROCI:   The 

 8   amendments have been received, and the bill shall 

 9   retain its place on the Third Reading Calendar.

10                SENATOR VALESKY:   Thank you, 

11   Mr. President.

12                Also, and this is on behalf of 

13   Senator Klein, on page 41 I offer the following 

14   amendments to Calendar 625, Senate Print 4070, 

15   and ask that that bill retain its place on the 

16   Third Reading Calendar.

17                ACTING PRESIDENT CROCI:   Those 

18   amendments have been received as well, and the 

19   bill shall retain its place on the Third Reading 

20   Calendar.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Can we now 

23   take up previously adopted Resolution 1057, by 

24   Senator Kaminsky, read it in its entirety, and 

25   call on Senator Kaminsky to speak, please.


                                                               2213

 1                ACTING PRESIDENT CROCI:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 1057, by Senator Kaminsky, 

 5   congratulating the State of Israel upon the        

 6   occasion of the 69th anniversary of its 

 7   independence and reaffirming the bonds of  

 8   friendship and cooperation between the State of 

 9   New York and Israel.  

10                "WHEREAS, May 2, 2017, marks the 

11   69th anniversary of the founding of the modern 

12   State of Israel in the ancestral home of the  

13   Jewish people; and 

14                "WHEREAS, On November 29, 1947, the 

15   United Nations General Assembly voted to 

16   partition the British Mandate of Palestine, and  

17   through that vote, to create the State of Israel; 

18   and 

19                "WHEREAS, Israel was officially 

20   declared an independent nation on May 14, 1948, 

21   in fulfillment of the eternal desire of the 

22   Jewish people to return to the land of the 

23   historic Kingdom of Israel established 

24   3,000 years ago and to the holy city of 

25   Jerusalem; and 


                                                               2214

 1                "WHEREAS, A century ago, at the 

 2   First Zionist Congress in Basel, Switzerland,  

 3   participants under the leadership of 

 4   Theodore Herzl affirmed the desire to reestablish 

 5   a Jewish homeland in the historic land of Israel; 

 6   and 

 7                "WHEREAS, The modern State of Israel 

 8   was born out of the ashes of the Holocaust and 

 9   World War II where the death of six million Jews 

10   did not eliminate the will of a people to seek 

11   dignity in life and a place of respect and 

12   recognition among the people of the civilized 

13   world; and 

14                "WHEREAS, Israel, since its 

15   inception, when the combined forces of five Arab 

16   nations invaded to destroy the dream of the 

17   Jewish people, continues to face the hostility 

18   and frequently, through the years of its 

19   statehood, the armed aggression of its neighbors; 

20   and 

21                "WHEREAS, Despite these conflicts, 

22   in the 69 years since its establishment, the 

23   modern State of Israel has rebuilt a nation, 

24   forged a new and dynamic society, and created a 

25   unique and vital economic, political, cultural 


                                                               2215

 1   and intellectual life despite the heavy cost of  

 2   six wars, terrorism, international ostracism and 

 3   economic boycotts; and 

 4                "WHEREAS, In its 69 years of 

 5   statehood, Israel has established a modern 

 6   parliamentary democracy and has become the most 

 7   successful democracy in the Middle East, and has 

 8   provided its citizens with the highest standards 

 9   of living and human equality in a region 

10   otherwise beset with poverty and human rights 

11   abuses; and 

12                "WHEREAS, Israel has made 

13   significant global contributions in the fields of 

14   science, medicine, and technology; and 

15                "WHEREAS, Israel continues to strive 

16   for peace with security and dignity for itself, 

17   its neighbors and throughout the world, in order 

18   to fulfill the prophecy of becoming a light unto 

19   the nations; and 

20                "WHEREAS, The people of New York 

21   share an affinity with the people of Israel and 

22   view Israel as a strong and trusted ally; now, 

23   therefore, be it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to congratulate 


                                                               2216

 1   the State of Israel upon the occasion of the  

 2   69th anniversary of its independence and 

 3   reaffirming the bonds of friendship and 

 4   cooperation between the State of New York and 

 5   Israel; and be it further 

 6                "RESOLVED, That a copy of this 

 7   resolution, suitably engrossed, be transmitted to 

 8   the Consul General of Israel for New York, 

 9   Dani Dayan." 

10                ACTING PRESIDENT CROCI:   Senator 

11   Kaminsky on the resolution.

12                SENATOR KAMINSKY:   Thank you, 

13   Mr. President.

14                I have the wonderful privilege today 

15   of adopting a resolution where this body is going 

16   to celebrate the 69th anniversary of Israel's 

17   independence.  And we're so lucky here today to 

18   be joined by the consul general from Israel, 

19   Dani Dayan, and your presence is most welcome.  

20                I'd like to just very briefly share 

21   a vision of Israel that is really a dichotomy.  

22   There are two things going on at the same time 

23   there that I think is essential to understanding 

24   why this is so important for us and why 

25   reaffirming the bonds between the State of 


                                                               2217

 1   New York and the State of Israel is of utmost 

 2   importance and why we're doing this today.  

 3                And the first is a vision of Israel 

 4   that is really one of prosperity -- something so 

 5   amazing considering that we're talking about a 

 6   country founded such a short time ago and that's 

 7   had to overcome so much.  

 8                When you look at the agriculture in 

 9   the country; when you look at its technology, 

10   which is first-rate; you go to the Tel Aviv Stock 

11   Exchange, the entrepreneurs there are coming up 

12   with the leading technologies in the world; when 

13   you look at the state of healthcare, when you 

14   look at what they've been able to achieve, it's 

15   quite amazing.  

16                But the other side is one that's a 

17   little darker and one that we also must grapple 

18   with, and that is the threat that Israel faces 

19   every day.

20                I had the privilege of going on an 

21   Assembly delegation mission, and we went to a 

22   city called Sderot.  And Sderot sits right on the 

23   Gaza, where Hamas is just a view in your 

24   binoculars away.  And we passed the house of a 

25   family who just the night before heard digging 


                                                               2218

 1   under their home.  And when we left Sderot at 

 2   2 o'clock, with Assembly Speaker Heastie and the 

 3   other group, at 4 o'clock that day, the very 

 4   people we visited had to go to a shelter because 

 5   a rocket was fired upon this village.  

 6                In fact, when you walk through 

 7   Sderot -- and I think it's symbolic for a lot of 

 8   what Israel has to endure -- you cannot walk 

 9   30 seconds, literally, without there being a 

10   concrete shelter made available on the side of 

11   the road for anyone to enter into should they be 

12   in that exact spot when a rocket is fired, which 

13   has happened so many different times.

14                So when you think about what 

15   Israel's been able to accomplish, while at the 

16   same time simultaneously and concomitantly 

17   dealing with the threats it faces to its 

18   existence every day, it is remarkable.  Very few 

19   if anyone in Israel gets up and says, Today we 

20   want to wipe X country off the map.  But plenty 

21   of people get up in the morning and say they want 

22   to wipe Israel off the map.  

23                And the fact that it is a democracy 

24   in a sea of something much different, and that we 

25   reach out to them and they reach out to us in a 


                                                               2219

 1   lasting bond, is critical and something we must 

 2   celebrate.  And I was quite proud to stand next 

 3   to Governor Cuomo when he announced that the 

 4   official policy of our state is if you boycott 

 5   Israel, New York State will boycott you.

 6                And so today I'm very proud to 

 7   celebrate what in Israel is called Yom 

 8   Ha'atzmaut, their independence day, a triumph in 

 9   our world.  And we must be there to stand with 

10   Israel.  

11                And I'm so glad that we as a body 

12   get to adopt this resolution today, and even more 

13   wonderfully honored to have Consul General Dani 

14   Dayan in our presence.  

15                So, Mr. President, can you please 

16   extended all the courtesies and graciousness of 

17   this house to the consul general.

18                Thank you.

19                ACTING PRESIDENT CROCI:   Senator 

20   Hamilton.

21                SENATOR HAMILTON:   Yes, 

22   Mr. President, I rise also to honor the 69th 

23   anniversary for the State of Israel.  I too went 

24   to Israel with City Councilmen from New York City 

25   and also Devorah Halberstam, whose son was 


                                                               2220

 1   murdered on the Brooklyn Bridge for the mere fact 

 2   that he was just a young Jewish boy coming home 

 3   from a trip in Manhattan.

 4                I also went to Sderot.  And in 

 5   visiting Sderot, what made me feel for the 

 6   families living in Israel was that the children 

 7   play in a converted supermarket.  They can't play 

 8   outside due to the mere fact that they're scared 

 9   that they may be attacked by bombs coming from 

10   Gaza.  And also, when you go through the city of 

11   Sderot, every bus stop is converted into a bomb 

12   shelter.

13                When we went to the Golan Heights, 

14   there were peacekeeping troops there, and the 

15   troops who were protecting us were young boys and 

16   women 18 to 21 years old, many coming from my 

17   district in Flatbush, who were putting their 

18   lives on the line to protect the State of Israel.

19                And so when I went there and I saw 

20   so many of my constituents in Israel, I had to 

21   come back home and support any bill that will 

22   keep the nation of Israel safe from all enemies.

23                As I realize, in Crown Heights every 

24   Friday night there's Shalom Zachar.  And every 

25   Friday night I travel throughout Crown Heights 


                                                               2221

 1   and realize that we're all one people, we're all 

 2   striving for the same thing, which is good 

 3   schools, a quality of life, and able to live the 

 4   American dream.  

 5                So I rise as a person who has been 

 6   with Holocaust survivors, I have been to protests 

 7   against any policy that would put Israel in 

 8   harm's way.  And when you go to Israel and you go 

 9   to the Golan Heights, you know, it's a horrific 

10   site to see ISIS flags on the border.  And no one 

11   should have to live in fear of being attacked.  

12   And in Israel, in Jerusalem, our delegation had 

13   to walk with armed guards due to stabbings in the 

14   Old City.

15                So I celebrate the 69th anniversary 

16   of Israel, and may God continue to bless that 

17   nation.

18                Thank you.

19                ACTING PRESIDENT CROCI:   Senator 

20   Díaz.

21                SENATOR DÍAZ:   Thank you, 

22   Mr. President.  

23                Ladies and gentlemen, my colleagues, 

24   today I'm honored to join Senator Todd Kaminsky 

25   in welcoming Israeli Ambassador and Consul 


                                                               2222

 1   General Dani Dayan, and recognizing the 69th-year 

 2   anniversary of Israel Independence Day.

 3                You should know that everywhere that 

 4   I go and I preach, I always, always defend the 

 5   people of Israel and present the people of Israel 

 6   as the "Chosen Ones."  Sometimes, because of 

 7   different circumstances, we might question that 

 8   statement of "Chosen Ones."  We might ask 

 9   ourselves, "Chosen for what?"  Others might say 

10   "Chosen to suffer."  

11                Ladies and gentlemen and my 

12   colleagues, it is important for you to know that 

13   the struggle of the Jewish people throughout 

14   history compares to no other nation or people in 

15   the world.  Even if we were to start in modern 

16   times, we can talk about the destruction of 

17   Jerusalem and the Holy Temple in the year 70 by 

18   Titus, the Roman general, and the killing of more 

19   than 1 million Jews and the takeover of more than 

20   100,000 slaves.

21                We also have to talk about the 

22   "Holy War" declared against the Jews and the 

23   killing of thousands of Jews that resulted from 

24   that "Holy War."  

25                After that came the persecution of 


                                                               2223

 1   Jews in Spain, France, and England.  The Jews 

 2   were dispersed to Holland, Poland, Greece, 

 3   South America, and many other parts of the world.

 4                In Spain, they were persecuted and 

 5   killed like animals.  The Christian kings, the 

 6   nobles, stole their possessions, their money, 

 7   their houses, their artworks, and many other 

 8   things.  The Christian bishops wrote books 

 9   against the Jewish people, and others killed them 

10   during daylight without punishment.  

11                With all of that, the prophet 

12   Jeremiah in the Bible said "For I am with you, 

13   said the Lord, to save you and to protect you."  

14                The suffering of the Jewish people 

15   continued after the Christian Crusades.  In the 

16   year 1096, Godfrey Bouillon swore that he would 

17   not let one single Jew live.  In Worms, in 

18   Mayence, in Regesburg, in Treves and in Prague, 

19   the Jews were killed by the thousands.  

20                In the year 1215, the Catholic 

21   Church put a decree to prohibit the Jews from 

22   appearing or being seen in public without the 

23   Jewish emblem on their clothes.  

24                In the year 1290, 17,000 Jews were 

25   expelled from England.  In 1394, the Jews were 


                                                               2224

 1   expelled from France.  And in 1480, Spain started 

 2   the Inquisition that killed more than 200,000 

 3   Jews.

 4                By 1881, Mr. President and ladies 

 5   and gentlemen, after the death of Alexander II, 

 6   the Jews in Russia and Romania started to 

 7   experience persecution.  By that time, 

 8   anti-Semitism had begun to flourish.  In Germany, 

 9   a political party was organized with the sole 

10   purpose of taking away all social and political 

11   rights from Jews.  Anti-Semitic newspapers began 

12   to appear accusing the Jews of all kinds of 

13   crimes.  

14                Throughout their history, Jews were 

15   persecuted, assassinated, and expelled to other 

16   countries.  However, Mr. President and ladies and 

17   gentlemen, nothing can compare to the 

18   anti-Semitism of Adolf Hitler and Adolf Eichmann.  

19   They killed more than 6 million Jews.  

20                In 1887, Theodore Herzl started the 

21   Zionist movement.  

22                In 1917, the British chancellor, 

23   Lord Alfred Balfour, proclaimed the British would 

24   support the making of a Jewish state in 

25   Palestine.  General Edmund Allenby directed the 


                                                               2225

 1   British forces across the Sinai Desert to 

 2   Palestine.  David Ben-Gurion was part of the 

 3   Jewish battalion who aided and assisted General 

 4   Allenby in the liberation of Palestine from 

 5   England on December 9, 1917.

 6                On November 29, 1947, the 

 7   United Nations issued a resolution creating the 

 8   State of Israel.

 9                On May 14, 1948, David Ben-Gurion 

10   declared during a meeting that "the establishment 

11   of a Jewish state will be called the State of 

12   Israel."  

13                In the battle of Israel for 

14   survival, we cannot forget the leadership and 

15   contribution of individuals such as Golda Meir, 

16   Yitzhak Shamir, Ariel Sharon, Yitzhak Rabin, 

17   Shimon Peres, as well as many others.

18                Since the creation of the State of 

19   Israel, ladies and gentlemen, and the return of 

20   the Jews to their homeland, many enemies have 

21   sworn to destroy Israel.  On June 5, 1967, 

22   12 Arab nations declared war on Israel:  Morocco, 

23   Algeria, Libya, Egypt, Yemen, Kuwait, 

24   Saudi Arabia, Jordan, Syria and Iraq.  In the 

25   Middle East, terrorist groups such as Hamas, 


                                                               2226

 1   Al Qaeda, the PLO, ISIS, and al-Fatah.  News 

 2   organizations such as Al Jazeera, and people like 

 3   the late Yasser Arafat and Osama bin Laden, 

 4   joined together to seek the destruction of 

 5   Israel.  

 6                Here in the United States there are 

 7   some people, even among the elected officials, 

 8   who do things against the people of Israel.  But 

 9   we all have to join hands together and repeat the 

10   words of the great Menachem Begin:  "Never again.  

11   Never again.  Never again."  

12                God bless you, the people of Israel 

13   and the State of Israel.  I am Senator Ruben 

14   Diaz, and this is what you should know.  

15                Thank you very much.

16                ACTING PRESIDENT CROCI:   Senator 

17   Squadron.

18                SENATOR SQUADRON:   Thank you very 

19   much, Mr. President.  

20                I thank Senator Kaminsky for 

21   bringing this resolution to the floor.  

22                And it is important to remember, 

23   because it's too often forgotten, the 69-year 

24   history of the state of Israel.  The fact that in 

25   1948 it was impossible to deny the critical 


                                                               2227

 1   importance of a Jewish homeland for the Jewish 

 2   people in order to avoid the sort of persecution 

 3   and genocide that had followed Jews throughout 

 4   the Diaspora for millennia.  

 5                It is easy to forget the Six-Day War 

 6   in 1967, which was really a war to try to undo 

 7   Israel, in its first 20 years, from the map.  

 8                When I was growing up, my father 

 9   would tell stories of having traveled shortly 

10   after the war ended, being in one of the first 

11   groups to go into the Sinai and seeing the tanks 

12   that were still smoldering, and the extent to 

13   which it was necessary for the survival of the 

14   state then, and then again in '73.  

15                My father also spoke about being 

16   there when the Camp David accords were signed, 

17   under the leadership of President Carter, to 

18   return the Sinai to Egypt and actually create a 

19   relatively more peaceful and safer border for 

20   Israel than it ever had before, and how important 

21   that was.

22                I myself remember going in 1986, 

23   before the First Intifada began, and being able 

24   to walk all of Jerusalem, being able to enjoy 

25   restaurants in all parts of that city, before 


                                                               2228

 1   that shortly became impossible; and visiting in 

 2   1999, my father's last of scores of trips to 

 3   Israel, when we were really honored and he was 

 4   handed the key to the City of Jerusalem by 

 5   Mayor Ehud Olmert.  

 6                And today, it's still critically 

 7   important to my family and myself.  My wife, 

 8   through her employment, goes to Israel a couple 

 9   of times a year.  We haven't yet been able to 

10   take our young children.  

11                But, you know, I have to say it was 

12   true when I was growing up, after the First 

13   Intifada started, it's true today:  The role of 

14   Israel in preserving and extending security, not 

15   just for the Jewish people, but for a set of 

16   values and an understanding in that region and in 

17   this country, is absolutely critical and can 

18   never be forgotten.  

19                But it's also true, and I have to 

20   acknowledge this, that when my wife gets on that 

21   plane to go stay in Jerusalem for a work trip, 

22   you have to be conscious of the risk that still 

23   exists throughout that country and the anxiety 

24   that Israelis live with every single day about 

25   attacks on their soil and terrorism.


                                                               2229

 1                And the fact that we in New York 

 2   State are a critical piece of security and 

 3   long-term stability of Israel, just as Israel, 

 4   for all of us who are Jewish in New York State, 

 5   is so critical for our long-term security and 

 6   safety, not just in this state but around the 

 7   world.

 8                So as times have changed, so much of 

 9   the history and the reasoning has been forgotten.  

10   As difficulties happen around the world, it is 

11   easy to forget the risks and the fears that the 

12   people of Israel and those visiting face every 

13   day while they're there.

14                That's why it's so important that 

15   here on the Senate floor we are acknowledging 

16   Israel's 69 years, but also remembering and 

17   recommitting to that close partnership.  I have 

18   always believed the more involved we in New York 

19   are in the life and the future of Israel -- 

20   politically, culturally, and civically -- the 

21   stronger Israel is.  And the more Israel is 

22   willing to have a partnership with us here, the 

23   stronger we will be.  

24                So this is an important step in that 

25   direction.  I congratulate Israel on its 


                                                               2230

 1   69th anniversary and look forward to a continued 

 2   close relationship between this state and the 

 3   State of Israel.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Stavisky.

 7                SENATOR STAVISKY:   Thank you, 

 8   Mr. President.

 9                And thank you to Senator Kaminsky 

10   for sponsoring this resolution commemorating the 

11   69th anniversary of the founding of the State of 

12   Israel.

13                But Israel in its 70th year is still 

14   fighting for its independence.  It's still being 

15   threatened throughout the world with violence, 

16   with anti-Semitism, and with that insidious BDS, 

17   the boycott, divestiture, and sanction movement, 

18   which really has no place in our society.

19                Israel's right to exist is in 

20   jeopardy even as we speak.  There is 

21   anti-Semitism, there are Holocaust deniers, 

22   people who say it never occurred, that it's a 

23   plot by the Israeli and by the Jewish people.  

24   And in fact, two weeks ago Senator Addabbo and I 

25   were at a synagogue in Forest Hills commemorating 


                                                               2231

 1   the Holocaust --

 2                (Noise from outside chamber.)

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Stavisky, if you could hold on for one moment.  

 5                Can we please have the doors shut.  

 6   Close the doors to the chamber, please.

 7                Senator Stavisky, go ahead.

 8                SENATOR STAVISKY:   Thank you, 

 9   Mr. President.

10                We were at a synagogue in 

11   Forest Hills, and they were remembering the 

12   people killed during the Holocaust, for the 

13   Yom HaShoah services.  And as the number of 

14   survivors is diminishing, it's dwindling, the 

15   third generation spoke at that service.  And the 

16   purpose is to keep the memory alive, in the same 

17   way that we want to keep the anniversary of the 

18   State of Israel alive.

19                My colleagues have spoken about 

20   their visits to Israel.  My first visit was right 

21   after I graduated from college.  I decided at the 

22   last minute, and I had to go on a tour -- which I 

23   had never been on before, and never again.  

24                But we took a bus through -- from 

25   Tel Aviv down to Eilat, and then back the same 


                                                               2232

 1   day.  And there was nothing there.  It was 

 2   desert, it was rock and stone and one or two 

 3   buildings in Eilat.  And 25 years -- or about 

 4   30 years later, I went back with my husband for 

 5   our 25th wedding anniversary, and you see the 

 6   desert is blooming, industry is flourishing, and 

 7   this little town of Eilat is a major resort.  And 

 8   that is due to the hard work and the perseverance 

 9   of the people of the State of Israel.

10                I have been back since.  I was there 

11   in 2002, 15 years ago, to participate in a panel.  

12   They had Jewish legislators from all over the 

13   world at a conference in Jerusalem.  I was on a 

14   panel dealing with education.  But there were so 

15   many experiences where we had meetings with 

16   people who you read about in the newspapers.  I 

17   remember the meeting with the prime minister, 

18   Mr. Sharon.  And I was impressed by the fact that 

19   what you read in the newspapers, with all due 

20   respect, it's not the man that spoke to us.  He 

21   was a moderate, it seemed to me.  His only hope 

22   was to go back to his farm.  Unfortunately, he 

23   never got that opportunity.  

24                But we met for about a week with 

25   various people, and it just made me even prouder 


                                                               2233

 1   to participate in that conference and to wish 

 2   that the State of Israel continues to fight.  

 3                And we welcome our consul general to 

 4   Albany and wish him many, many more visits to 

 5   this and to other places in a world of peace.

 6                Thank you.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Krueger.

 9                SENATOR KRUEGER:   Thank you, 

10   Mr. President.

11                I also rise to join my voice in 

12   thanking the consul general for coming today to 

13   be with us on the 69th birthday of the country of 

14   Israel.  

15                After listening to some of my 

16   colleagues, I want to do a little promotion.  We 

17   Jews aren't as depressing a people as 

18   Senator Díaz's history would lead you to believe, 

19   and Israel is also a beautiful, phenomenal 

20   country that is doing amazing and has done 

21   amazing things -- its educational system, its 

22   science, its technology, its museums, the beauty 

23   and history of this great country.

24                I was truly honored to have the 

25   consul general speak at my father's funeral last 


                                                               2234

 1   week, on behalf of the Israeli government.  And 

 2   I, like many of my colleagues, spent from my 

 3   childhood up visiting Israel.  I worked on a 

 4   kibbutz, I flunked all the assignments.  I am a 

 5   terrible farmer.  I decided I had to choose to do 

 6   something else.  

 7                My brother worked on a kibbutz and 

 8   knocked down a banana tree.  I fell out of the 

 9   lemon trees and the orange trees.  We 

10   participated with the Hebrew University in 

11   Jerusalem.  I grew up with dear, dear friends.  

12   And as I think the consul general knows, my 

13   father traveled to Israel over 400 times and 

14   worked with every prime minister and every major 

15   institution in that country and loved it dearly.  

16                But one of my most important 

17   experiences about Israel being such a close-knit 

18   country was even before cellphones and computers, 

19   if we needed to find my father, we would just 

20   call the King David Hotel and say, Please find 

21   him and tell him to call home.  And somebody 

22   always would, no matter where he was in the 

23   country.

24                So despite everything being true 

25   that we've heard today about all the issues the 


                                                               2235

 1   small, incredible country of Israel still faces, 

 2   I don't want people to walk away today thinking 

 3   it's just a litany of sad stories and bad news, 

 4   because in fact the promise and the aspiration of 

 5   Israel for its future is what an amazing country 

 6   and amazing people they have and the potential 

 7   moving forward.

 8                So best for the 70th year and going 

 9   forward.  Thank you for joining with us today.

10                ACTING PRESIDENT CROCI:   Senator 

11   Kennedy.

12                SENATOR KENNEDY:   Thank you, 

13   Mr. President.

14                I just wanted to join my colleagues 

15   in welcoming the consul general of Israel here, 

16   Dani Dayan.  I had an opportunity to meet the 

17   consul general earlier.  

18                I think this is a fitting tribute to 

19   the State of Israel and to the intimate 

20   relationship that both the State of New York and 

21   the United States plays and continues to play 

22   with the State of Israel.  The intimate 

23   relationship that our country and the State of 

24   Israel has in both the history, the present, and 

25   the future.  


                                                               2236

 1                And you think about it being the 

 2   69th birthday of Israel -- 69 years is a very, 

 3   very short period of time.  And you think about 

 4   where we were as an international community 

 5   69 years ago when the State of Israel was formed 

 6   on the heels of World War II, on the heels of the 

 7   Holocaust, on the heels of millions of Jews that 

 8   were put to death simply because of their 

 9   religion.

10                And we have to be very careful in 

11   these trying times in our country and in the 

12   international community to never allow history to 

13   repeat itself and to always be diligent and 

14   always to be aware of the discourse that's 

15   happening publicly, the discourse that's 

16   happening in society, and to recognize and to be 

17   very, very careful and conscious of our words and 

18   our actions and the impact that it has on others 

19   of all religions and all races.  

20                And I stand here with great honor to 

21   recognize the 69th anniversary of the State of 

22   Israel.  And as one who has recently done my 

23   DNA and found out that the vast majority of the 

24   blood flowing through me is Irish, I also have 1 

25   percent European Jewish.  So when I shared with 


                                                               2237

 1   my Jewish friends, they said, "Well, we knew 

 2   there was something that we liked about you" -- 

 3   although apparently a very small piece of 

 4   something that they like about me.

 5                (Laughter.)

 6                SENATOR KENNEDY:   All that said, I 

 7   wish you great congratulations and once again 

 8   welcome you, Consul General.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT CROCI:   Senator 

11   Boyle.

12                SENATOR BOYLE:   Thank you, 

13   Mr. President.  

14                I too would like to welcome the 

15   consul general of Israel and stand in strong 

16   support of this resolution.  

17                I had the opportunity -- I know a 

18   lot of people have spoken about going to Israel.  

19   I went there for the first time in my life a 

20   couple of weeks ago.  I love the State of Israel.  

21   My wife and I had talked about going for years.  

22                And, as was mentioned by Senator 

23   Kennedy, an interesting story.  My wife, who 

24   always swore she was Italian, I bought her a 

25   23andMe DNA test for Christmas:  No Italian, half 


                                                               2238

 1   Jewish.  

 2                So this was the year we wanted to 

 3   go, and we loved the country.  Beautiful.  We 

 4   went to Jerusalem, Masada, Caesarea, all over 

 5   that beautiful country.  A strong ally.  We'll 

 6   always remember it.  And we only went for a week, 

 7   but we're definitely going to go back.  

 8                Thank you so much for your 

 9   friendship.

10                ACTING PRESIDENT CROCI:   Ambassador 

11   Dayan, on behalf of the Senate, we want to 

12   congratulate Israel on its 69th anniversary.  

13                On behalf of the Senate, we want to 

14   extend to the State of Israel our eternal 

15   gratitude and recognition of your strength, and 

16   we hope that you will take with you the warmth 

17   and strength of Americans and New Yorkers back to 

18   your homeland.  

19                And with that, sir, we extend all 

20   the privileges and courtesies of the house, and 

21   we would ask the chamber to stand and recognize 

22   the ambassador.

23                (Standing ovation.)

24                ACTING PRESIDENT CROCI:   Senator 

25   DeFrancisco.


                                                               2239

 1                SENATOR DeFRANCISCO:   Will you 

 2   please open it up for cosponsorship.

 3                ACTING PRESIDENT CROCI:   The 

 4   resolution is open for cosponsorship.  If you 

 5   would like to be a cosponsor, please notify the 

 6   desk.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Can we now 

 9   take up Resolution 1854, by Senator Peralta, read 

10   the title only, and call on Senator Peralta.

11                ACTING PRESIDENT CROCI:   The 

12   Secretary will read, title only.

13                THE SECRETARY:   Legislative 

14   Resolution Number 1854, by Senator Peralta, 

15   commemorating the celebration of Cinco de Mayo on 

16   May 5, 2017.

17                ACTING PRESIDENT CROCI:   Senator 

18   Peralta.

19                SENATOR PERALTA:   Thank you, 

20   Mr. President.  

21                I've been celebrating Cinco de Mayo 

22   for many years here in this chamber, but this 

23   time the traditional Cinco de Mayo celebration 

24   had a special meaning.  Unfortunately, this year 

25   is not like any other year.  As we mark the first 


                                                               2240

 1   hundred days of this new administration in 

 2   Washington, immigrant communities have been 

 3   constantly under fire, with potential threats of 

 4   deportations increasing and becoming more real.  

 5                We have witnessed how this new 

 6   administration attacked one immigrant group after 

 7   another, including Mexicans.  But we are in the 

 8   21st century.  We're here to tear down walls, not 

 9   build them.  

10                But in a couple of days, 

11   specifically this Friday, we're marking the 

12   155th anniversary of an important chapter in 

13   history.  We're celebrating one of the biggest 

14   upsets in warfare history, a shocker at the hands 

15   of the Mexican army.  It was of epic biblical 

16   proportions, David versus Goliath:  A young and 

17   outnumbered Mexican army was victorious over the 

18   French giant, a European army which was 

19   considered the greatest military force on earth 

20   at the time.  But the heart, the desire for 

21   independence and the courage of the Mexicans made 

22   up the difference in the number of soldiers, and 

23   the brave Mexican soldiers defeated the Europeans 

24   at the historic Battle of Puebla.  

25                I want to wish all my colleagues a 


                                                               2241

 1   happy Cinco de Mayo, and viva Mexico.  This 

 2   battle, the Battle of Puebla, was about the 

 3   spirit of determination.  And the unexpected 

 4   defeat of the French evolved into a celebration 

 5   of the Mexican and Hispanic culture, especially 

 6   here in New York and the rest of the nation.  

 7   This is an important date for the Mexican and the 

 8   Chicano communities in my district, and in our 

 9   great state and in our nation.  

10                In my district alone, I am proud to 

11   represent more than 44,000 Mexicans and 

12   Mexican-Americans.  As it occurs in every borough 

13   of the City of New York and every county of the 

14   state, Mexicans enrich all of the communities 

15   they live in.  And in celebrating Cinco de Mayo, 

16   we recognize their tremendous contributions to 

17   our society.  

18                In my district, which I call the 

19   United Nations of all Senate districts,  we 

20   celebrate Cinco de Mayo.  It is just another 

21   reminder of how diverse my district is, how 

22   crucial our vibrant immigrant communities are for 

23   our society.  It is a celebration of unity, one 

24   that strengthens the solid and long-standing 

25   friendship between Mexico and the United States 


                                                               2242

 1   of America.  And no one is going to change that.  

 2                The Mexican culture and its heritage 

 3   are interwoven in the American fabric that will 

 4   last forever, with or without walls.  We are two 

 5   societies united by many factors and by many 

 6   common interests and a common vision for the 

 7   future.  

 8                Feliz Cinco de Mayo, everyone.  

 9   Happy Cinco de Mayo.  

10                (Scattered applause.)

11                ACTING PRESIDENT CROCI:   Please, go 

12   ahead.

13                The question then is on the 

14   resolution.  All in favor please signify by 

15   saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT CROCI:   Opposed, 

18   nay.  

19                (No response.)

20                ACTING PRESIDENT CROCI:   The 

21   resolution is adopted.

22                And the Senator has been good enough 

23   to open this resolution up for cosponsorship.  If 

24   you would like to be a cosponsor, please notify 

25   the desk.


                                                               2243

 1                Senator Griffo.

 2                SENATOR GRIFFO:   Mr. President, we 

 3   have a previously adopted resolution at the desk 

 4   from Senator Montgomery, Resolution 1676.  I 

 5   would ask that you have the title only read and 

 6   then call upon Senator Montgomery to speak.

 7                ACTING PRESIDENT CROCI:   The 

 8   Secretary will read, title only.

 9                THE SECRETARY:   Legislative 

10   Resolution Number 1676, by Senator Montgomery, 

11   honoring Lynn Nottage upon the occasion of her 

12   designation as recipient of the 2017 Pulitzer 

13   Prize for Drama.

14                ACTING PRESIDENT CROCI:   Senator 

15   Montgomery.

16                SENATOR MONTGOMERY:   Thank you, 

17   Mr. President.

18                I rise to pay tribute and homage to 

19   a woman whose life of writing stands out as an 

20   inspiration to others, especially young people in 

21   America.  

22                Today we celebrate Lynn Nottage on 

23   the occasion of her designation as recipient of 

24   the 2017 Pulitzer Prize for Drama for her play 

25   entitled Sweat.  This play is about a steel 


                                                               2244

 1   factory in Reading, Pennsylvania, and the 

 2   resulting economic and racial chaos in that 

 3   working-class town where friendships and family 

 4   ties are irreparably damaged.  

 5                Lynn Nottage is the first female 

 6   playwright to receive this prestigious award for 

 7   the second time.  Lynn is a Brooklynite.  She's a 

 8   Brooklyn-based playwright and a screenwriter 

 9   whose plays have been produced widely in the U.S. 

10   and throughout the world.

11                Her latest play Sweat, the recipient 

12   of the 2015-2016 Susan Smith Blackburn Prize, was 

13   written on commission and presented at the 

14   Shakespeare Festival in Ashland, Oregon, in July 

15   of 2015, and then at the Arena Stage in 

16   Washington, D.C., in January of 2016.  And on 

17   November 3, 2016, Sweat premiered off-Broadway 

18   here in New York, in New York City, at The Public 

19   Theater.  After a sold-out run at The Public 

20   Theater, Sweat has now moved to Broadway, where 

21   it officially opened at Studio 54 in March of 

22   2017.

23                Lynn Nottage has many other 

24   productions that she has written prior to Sweat, 

25   including By the Way, Meet Vera Stark; 


                                                               2245

 1   Intimate Apparel; Fabulation, or the Re-Education 

 2   of Undine; Crumbs from the Table of Joy; Las 

 3   Meninas; Mud, River, Stone; as well as 

 4   Por'knockers.  All of these exceptional plays 

 5   have won numerous awards.  

 6                And in 2009, Lynn Nottage won her 

 7   first Pulitzer Prize for her play entitled 

 8   Ruined, which takes a look at the impact of the 

 9   brutal civil war in the Democratic Republic of 

10   Congo, and its horrific impact on women.

11                Over the years, Lynn Nottage has 

12   developed original projects for HBO, for Sidney 

13   Kimmel Entertainment, for Showtime, for This is 

14   That, and for Harpo.  She is also the 

15   writer/producer on the Netflix series She's Gotta 

16   Have It, directed by Spike Lee.

17                And in addition to her awards for 

18   her plays, this incredibly talented woman has 

19   been the recipient of numerous additional 

20   accolades and awards, including the MacArthur 

21   "Genius Grant" Fellowship for 2007, the Steinberg 

22   "Mimi" Distinguished Playwright Award, the Nelson 

23   A. Rockefeller Award for Creativity, and the 

24   Jewish World Watch iWitness Award, as well as the 

25   OBIE Award in 2005.


                                                               2246

 1                Lynn is a graduate of Brown 

 2   University as well as the Yale School of Drama.  

 3   She is currently an assistant professor in the 

 4   theater department of Columbia School of the 

 5   Arts.  

 6                And she has continued to be 

 7   committed to the cultural enrichment of the 

 8   citizens of our state.  She serves as a member of 

 9   the boards of directors of BRIC Arts Media in 

10   Brooklyn, Donor Direct Action, Second Stage, and 

11   the Dramatists Guild, and recently she completed 

12   a three-year term as an artist trustee on the 

13   board of the Sundance Institute.

14                She has continued to share her 

15   brilliance, her competence, her leadership, and 

16   consequently has been designated for special 

17   honor.  This is a remarkable and talented young 

18   woman from the Borough of Brooklyn.  She happens 

19   to reside in my district.  She is a friend, a 

20   daughter, and an outstanding citizen of our 

21   state.  

22                It is with great honor that I am 

23   able to rise and pay tribute to someone who is so 

24   talented and who has been so great in bringing 

25   this art to the citizens of New York City as well 


                                                               2247

 1   as New York State and others around the world.

 2                Mr. President, thank you for this 

 3   honor, and I thank my colleagues for allowing me 

 4   to celebrate one of the great artists that 

 5   New York State has produced.

 6                Thank you.

 7                ACTING PRESIDENT CROCI:   Thank you.

 8                The resolution has been previously 

 9   adopted.  

10                And Senator Montgomery has opened 

11   the resolution up for cosponsorship.  If you 

12   would like to be a cosponsor, please notify the 

13   desk.

14                Senator Griffo.

15                SENATOR GRIFFO:   Mr. President, I 

16   believe we have another previously adopted 

17   resolution, Resolution Number 1679, by Senator 

18   Kennedy.  I would ask that we have the title read 

19   only and then call upon Senator Kennedy to speak.

20                ACTING PRESIDENT CROCI:   The 

21   Secretary will read, title only.

22                THE SECRETARY:   Legislative 

23   Resolution Number 1679, by Senator Kennedy, 

24   mourning the death of Martin McGuinness, 

25   dedicated leader, distinguished citizen and 


                                                               2248

 1   devoted member of his community.

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Kennedy.

 4                SENATOR KENNEDY:   Thank you, 

 5   Mr. President.

 6                Today I rise to honor the life of 

 7   Martin McGuinness, who passed away on March 21st 

 8   of this year at the age of 66, a former IRA 

 9   commander who would later become one of the 

10   fathers of the peace in the North of Ireland, 

11   Sinn Fein's chief negotiator, and the first 

12   deputy minister of Ireland.  

13                Martin McGuinness was born in Derry, 

14   Ireland, into one of the most difficult times in 

15   Irish history.  McGuinness took a complicated and 

16   fraught path towards peace.  While initially 

17   believing that the British presence in Ireland 

18   could only be ended by armed struggle, he later 

19   became a passionate believer in compromise, 

20   leading the republican movement away from 

21   violence.  

22                In his young adulthood, he and 

23   others organized the resistance, joining the 

24   Irish Republican Army, and he was chosen as a 

25   leader.  The resistance lasted from 1969 until 


                                                               2249

 1   1998, with the violence finally coming to an end 

 2   when McGuinness and others negotiated a lasting 

 3   peace agreement known as the Good Friday 

 4   Agreement.  He worked closely with President Bill 

 5   Clinton on the 1998 agreement, of which he would 

 6   later personally oversee the arms-decommissioning 

 7   phase.

 8                As a sign of his contributions to 

 9   the peace process, President Clinton spoke at 

10   McGuinness's funeral.  He urged leaders to 

11   continued McGuinness's legacy and finish the work 

12   that he had started.  The Good Friday Agreement 

13   formally cemented the peace process in the North 

14   of Ireland and the legacy President Clinton 

15   cited.  

16                After the peace agreement, 

17   McGuinness was later elected deputy first 

18   minister, the highest elected Catholic in the 

19   newly formed government.  It was often said that 

20   if not for the respect his adversaries had for 

21   him, and he for them, there would have been no 

22   Good Friday Peace Agreement.

23                Following the conflict, he worked 

24   relentlessly to resolve the complex issues of 

25   self-government, civil rights, disarmament, 


                                                               2250

 1   justice and policing in Ireland.  McGuinness will 

 2   be remembered as one of the most consequential 

 3   leaders of Ireland of our time for his essential 

 4   and historic contributions to the extraordinary 

 5   journey of Ireland from violent conflict to 

 6   peace.

 7                McGuinness would often simply sum up 

 8   his own life as "I fought, I made peace, I made 

 9   politics."  As a former member of the IRA who 

10   became what many called a healer of Ireland, 

11   McGuinness was instrumental in bringing peace to 

12   the North of Ireland.  McGuinness was a truly 

13   reformed man who left a remarkable legacy which 

14   will long endure the passage of time and will 

15   remain as a comforting memory to all he served 

16   and befriended.  

17                McGuinness was truly a gracious 

18   statesman and a consummate gentleman.  It was one 

19   of the highlights of my own life to have had the 

20   opportunity to meet him at Stormont, as my wife 

21   and I paid tribute to the homeland in the fall of 

22   2015.  It's a memory I'm going to cherish 

23   forever.  And standing at that historic ground 

24   served as a reminder to me of the extraordinary 

25   and intimate role that the State of New York and 


                                                               2251

 1   the United States played in Irish history and the 

 2   Irish peace process.

 3                The early life of Martin McGuinness 

 4   was that of a young, passionate idealist who 

 5   learned that violence only breeds violence and 

 6   that for Ireland to truly reunite, there must be 

 7   compromise.  McGuinness was someone who began his 

 8   life defending Ireland through decades of 

 9   sectarian violence and strife who later evolved 

10   into an elder statesman of Northern Irish 

11   politics and a peacemaker.  After spending his 

12   life in selfless service and during decades of 

13   struggle, showing a remarkable resolve and 

14   unstoppable commitment, Martin McGuinness will be 

15   remembered as a fearless peacemaker, a patriot, 

16   and an admired comrade and leader.  

17                We share our deepest condolences 

18   with his wife, Bernadette, and their four 

19   children.  We thank them for their commitment and 

20   sacrifice to a united and peaceful Ireland.  

21                We look forward to carrying on and 

22   carrying out the legacy and path of peace Martin 

23   McGuinness carved for us.  May he rest in peace.  

24   Erin Go Bragh.  

25                Thank you, Mr. President.


                                                               2252

 1                ACTING PRESIDENT CROCI:   The 

 2   resolution has been previously adopted.

 3                Senator Kennedy would like to open 

 4   up the resolution for cosponsorship.  If you 

 5   would like to be a cosponsor, please notify the 

 6   desk.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   I'd like to 

 9   call an immediate meeting of the Rules Committee 

10   in Room 332.

11                ACTING PRESIDENT CROCI:   There will 

12   be an immediate meeting of the Rules Committee in 

13   Room 332.

14                The Senate will stand at ease.

15                (Whereupon, the Senate stood at ease 

16   at 4:32 p.m.)

17                (Whereupon, the Senate reconvened at 

18   4:41 p.m.)

19                ACTING PRESIDENT CROCI:   Senator 

20   DeFrancisco.

21                SENATOR DeFRANCISCO:   Yes, can we 

22   return to reports of standing committees for a 

23   report of the Rules Committee.

24                ACTING PRESIDENT CROCI:   Reports of 

25   standing committees.  


                                                               2253

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Flanagan, 

 3   from the Committee on Rules, reports the 

 4   following bills:

 5                Senate Print 474B, by Senator 

 6   Peralta, an act to amend the Public Health Law, 

 7                Senate 806, by Senator Alcantara, an 

 8   act to amend the Public Health Law; 

 9                Senate 2410, by Senator Golden, an 

10   act to amend the Civil Practice Law and Rules; 

11                Senate 4622, by Senator Golden, an 

12   act to amend the Retirement and Social Security 

13   Law; and

14                Senate 5283B, by Senator Jacobs, an 

15   act to amend the Public Health Law.  

16                All bills reported direct to third 

17   reading.

18                ACTING PRESIDENT CROCI:   Senator 

19   DeFrancisco.

20                SENATOR DeFRANCISCO:   I move to 

21   accept the report of the Rules Committee.

22                ACTING PRESIDENT CROCI:   All in 

23   favor of accepting the report of the 

24   Rules Committee please signify by saying aye.

25                (Response of "Aye.")


                                                               2254

 1                ACTING PRESIDENT CROCI:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT CROCI:   The report 

 5   is accepted.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Can we now go 

 8   to the noncontroversial reading of the calendar, 

 9   please.

10                ACTING PRESIDENT CROCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   171, by Senator Ortt, Senate Print 688, an act to 

14   amend the Public Authorities Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect January 1, 2018.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2255

 1   173, by Senator Griffo, Senate Print 1225A, an 

 2   act to amend the Public Service Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Krueger to explain her vote.

12                SENATOR KRUEGER:   Thank you very 

13   much, Mr. President.  

14                I am voting no -- not necessarily 

15   because I think it's a terrible idea to let 

16   companies make their own determinations about how 

17   to move forward with energy efficiency, but I am 

18   concerned that we have not looked carefully 

19   enough into the impact on NYSERDA's funding base 

20   if we are withdrawing the funds from NYSERDA for 

21   the programs that they, through the budget 

22   process, have prioritized to leave companies to 

23   make their own determinations.  

24                And it was not clear enough in the 

25   bill for my satisfaction that we would be able to 


                                                               2256

 1   hold these companies accountable or claw back the 

 2   money if they did not meet the obligations.  

 3                So while I respect the goal, I do 

 4   not find myself able to vote yes on this bill.  I 

 5   vote no.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Krueger to be recorded in the negative.

 9                Announce the result.

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

11   Senator Krueger recorded in the negative.

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   333, by Senator Valesky, Senate Print 3849, an 

16   act to amend the Local Finance Law.

17                ACTING PRESIDENT CROCI:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CROCI:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               2257

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   431, by Senator Seward, Senate Print 2077, an act 

 4   to amend the Insurance Law.

 5                ACTING PRESIDENT CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CROCI:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CROCI:   Senator 

13   Krueger to explain her vote.

14                SENATOR KRUEGER:   Thank you, 

15   Mr. President.

16                So I know that the insurance 

17   industry feels that New York State's insurance 

18   requirements are stricter than most other states.  

19   I'm proud of that fact.  We have stronger 

20   consumer protections for insurance than almost 

21   any other state in the country -- probably all 

22   the states.  

23                So this bill would actually mean 

24   that insurance companies no longer would have to 

25   provide in writing information to potential 


                                                               2258

 1   customers, but only after a customer chose to 

 2   purchase an insurance plan, signed and received 

 3   the policy, would they actually ever get to see 

 4   in writing what the deal was.

 5                The companies argue they have at 

 6   least 10 days then to change their mind and get 

 7   their money back.  And will I challenge anyone in 

 8   this room to tell me that they have read their 

 9   insurance policy and actually understand what it 

10   says.

11                So I'm a strong believer in strong 

12   consumer protections for insurance policies.  You 

13   should be able to get the materials in writing 

14   up-front to evaluate them before you sign on the 

15   dotted line, before you hand your money over.  

16                I think that this is a serious 

17   mistake for the State of New York to change its 

18   law.  I vote no.

19                ACTING PRESIDENT CROCI:   Senator 

20   Krueger to be recorded in the negative.

21                Announce the result.

22                THE SECRETARY:   In relation to 

23   Calendar 431, those recorded in the negative are 

24   Senators Alcantara, Bailey, Comrie, Dilan, 

25   Hoylman, Krueger, Montgomery, Persaud, Serrano 


                                                               2259

 1   and Squadron.

 2                Ayes, 50.  Nays, 10.

 3                ACTING PRESIDENT CROCI:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   467, by Senator Serino, Senate Print 2162A, an 

 7   act to amend the Vehicle and Traffic Law.

 8                ACTING PRESIDENT CROCI:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CROCI:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT CROCI:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   505, by Senator Gallivan, Senate Print 3581, an 

20   act to amend the Correction Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.  

25                ACTING PRESIDENT CROCI:   Call the 


                                                               2260

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT CROCI:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   508, by Senator Griffo, Senate Print 5126, an 

 8   act --

 9                SENATOR GIANARIS:   Lay it aside.

10                ACTING PRESIDENT CROCI:   The bill 

11   is laid aside.

12                THE SECRETARY:   Calendar Number 

13   535, by Senator Ritchie, Senate Print 860A, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2261

 1   564, by Senator Funke, Senate Print 4634, an act 

 2   to amend the Retirement and Social Security Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Funke to explain his vote.

12                SENATOR FUNKE:   Mr. President, 

13   thank you.  It was an honor to welcome the 

14   soldiers from Fort Drum today and to recognize 

15   now another group of men and women who protect 

16   and serve.

17                Last year we passed a similar law 

18   for our Forest Rangers, and today we take the 

19   first step to include our SUNY police under the 

20   provisions of the heart presumption bill.  The 

21   State University Police are proud members of the 

22   State Police force, one of five police agencies 

23   employed by the State of New York, and many of 

24   them joined us today in the gallery earlier.  

25                These officers work 24/7 protecting 


                                                               2262

 1   the lives and property of nearly 500,000 

 2   students, employees and visitors of SUNY's 29 

 3   campuses.  These officers meet and often exceed 

 4   the state's training requirements as prescribed 

 5   by the Division of Criminal Justice Services.  

 6   They work under very stressful conditions, like 

 7   all police officers, identical to that of 

 8   officers around the state, and all of that takes 

 9   a physical toll.  

10                State University of New York police 

11   officers have not yet been included under the 

12   provisions of the heart presumption bill.  They 

13   are the only such officers employed by the State 

14   of New York not included under the provisions of 

15   the heart presumption bill, and that needs to 

16   change.  

17                The office of the State Comptroller 

18   has generated a fiscal note attached to the SUNY 

19   heart presumption bill and has placed the cost 

20   analysis for this as negligible to taxpayers.  

21                So it's time that we now show our 

22   support to these men and women who protect us and 

23   provide them the same benefit afforded other 

24   police officers in our state by passing this SUNY 

25   heart presumption bill.  


                                                               2263

 1                And I vote aye, Mr. President.  I 

 2   urge my colleagues to join me.  And ladies and 

 3   gentlemen, those of you in the gallery who are 

 4   members of the SUNY police force, we thank you 

 5   for your service.

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Funke to be recorded in the affirmative.

 8                Announce the result.

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT CROCI:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   575, by Senator DeFrancisco, Senate Print 3136, 

14   an act to amend the Real Property Tax Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the first of January.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2264

 1   608, by Senator Carlucci, Senate Print 1475, an 

 2   act to amend the Tax Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Carlucci to explain his vote.

12                SENATOR CARLUCCI:   Thank you, 

13   Mr. President.

14                Right now in New York State there's 

15   over 10,000 men, women and children currently 

16   waiting for a life-saving organ transplant.  And 

17   unfortunately in New York, we lag behind almost 

18   every other state when it comes to the percentage 

19   of eligible people enrolling in the organ donor 

20   program.  But we've started to turn that around 

21   because of policies that have been implemented in 

22   the State Senate and the State of New York.  

23                And I'm just thankful to the 

24   legislators that have put forth bills that are on 

25   the calendar today that will continue to make a 


                                                               2265

 1   difference and an impact.  

 2                The legislation that we're voting on 

 3   right now, what it does is helps the living 

 4   donor.  Last year we had only 460 living donors 

 5   in the State of New York, and that's a number 

 6   that we know we can expand upon.  So what this 

 7   legislation does is it takes down one of the 

 8   additional barriers that exist to a living organ 

 9   donation.  And what this does is it expands the 

10   amount of eligible things that you can deduct on 

11   your income taxes.  So we're expanding the amount 

12   of eligible deductions that you can write off 

13   when you make a living organ transplant, and we 

14   believe that's extremely important.  

15                We've been seeing strides.  The 

16   legislation that's coming to the floor today will 

17   continue to expand and give more opportunities 

18   for people to become organ donors.  We've seen a 

19   tremendous increase.  Just last week we saw 

20   6,332 people sign up on the health exchange to 

21   become an organ donor.  

22                Traditionally, it was always the 

23   Department of Motor Vehicles where we got the 

24   majority of people enrolled in the organ donor 

25   program.  A few years ago the members here 


                                                               2266

 1   supported Lauren's Law, and we were able to 

 2   increase the amount of people that enroll at the 

 3   Department of Motor Vehicles by 70 percent.  

 4                It's not as far as we'd like to go, 

 5   but we're making these steps forward.  We're 

 6   chipping away at the stigma attached to organ 

 7   donation, and that's thanks to all of you here in 

 8   this chamber that are making the difference, 

 9   supporting these bills that I think will 

10   ultimately save people's lives in New York State.  

11                So I want to thank my colleagues for 

12   supporting this legislation and the package of 

13   bills that are on the floor today.  So I vote 

14   aye.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT CROCI:   Senator 

17   Carlucci to be recorded in the affirmative.

18                Please announce the result.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   612, by Senator Hannon, Senate Print 2496, an act 

24   to amend the Public Health Law.

25                ACTING PRESIDENT CROCI:   Read the 


                                                               2267

 1   last section.

 2                THE SECRETARY:   Section 7.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT CROCI:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   613, by Senator Hannon, Senate Print 2497, an act 

12   to amend the Tax Law.

13                SENATOR GIANARIS:   Lay it aside.

14                ACTING PRESIDENT CROCI:   The bill 

15   will be laid aside.

16                Senator DeFrancisco, that completes 

17   the reading of the noncontroversial calendar.

18                SENATOR DeFRANCISCO:   Yes, there's 

19   a supplemental calendar consisting of the five 

20   bills that were just reported from Rules.  We're 

21   going to take up two of those bills, please.  

22                This is on Supplemental Calendar 

23   38A.  The first bill, 685.

24                ACTING PRESIDENT CROCI:   The 

25   Secretary will read.


                                                               2268

 1                THE SECRETARY:   Calendar Number 

 2   685, by Senator Peralta, Senate Print 474B, an 

 3   act to amend the Public Health Law.

 4                ACTING PRESIDENT CROCI:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 11.  This 

 7   act shall take effect on the first of January.

 8                ACTING PRESIDENT CROCI:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CROCI:   Senator 

12   Peralta to explain his vote.

13                SENATOR PERALTA:   Thank you, 

14   Mr. President.

15                ACTING PRESIDENT CROCI:   One 

16   moment, Senator.

17                May I just have some order in the 

18   house, please, while the Senator explains his 

19   vote.  Thank you.

20                Go ahead, Senator.

21                SENATOR PERALTA:   Thank you, 

22   Mr. President.

23                First I'd like to take this 

24   opportunity to thank the New York Alliance for 

25   Donation because they're up here today in Albany 


                                                               2269

 1   as part of their annual Lobby Day efforts.  

 2                I'm glad to see that New York is 

 3   finally taking a stand toward reversing our poor 

 4   rates of organ donation registration, as we 

 5   currently rank second-to-last in the country per 

 6   capita for our population of registered eligible 

 7   donors.  

 8                Among a series of bills that we're 

 9   ushering through today is my legislation to 

10   expand the number of state forms upon which an 

11   organ donor may register.  New Yorkers only 

12   interact with their government every so often, so 

13   allowing for registration only on driver's 

14   license applications and renewals, voter 

15   registration forms, and stand-alone forms simply 

16   isn't enough.

17                Today we're taking a stand and 

18   telling the state that the ability to register 

19   must be included on a series of forms, including 

20   applications for professional licenses, teacher 

21   certifications, and attorney registration 

22   statements.  So too we're mandating that this 

23   option be included on forms providing for car 

24   registrations.  And finally, and perhaps most 

25   importantly, we're telling the state to include a 


                                                               2270

 1   place of registration on income tax forms, forms 

 2   that every New Yorker will come across at least 

 3   once a year.  

 4                The logic behind this bill is 

 5   simple.  The more chances that members of the 

 6   public have to register or start thinking about 

 7   registering, the higher our registration rates 

 8   will be.  This bill takes a big step toward 

 9   ending the ongoing crisis of donor shortages in 

10   New York.  

11                I thank my colleagues for their 

12   support and I thank all of the advocates for 

13   their tireless work on this very, very important 

14   issue.

15                Thank you.  

16                ACTING PRESIDENT CROCI:   Senator 

17   Peralta to be recorded in the affirmative.

18                Announce the result.

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                SENATOR DeFRANCISCO:   Can we now 

23   take up Calendar Number 689.

24                ACTING PRESIDENT CROCI:   The 

25   Secretary will read.


                                                               2271

 1                THE SECRETARY:   Calendar Number 

 2   689, by Senator Jacobs, Senate Print 5283B, an 

 3   act to amend the Public Health Law.

 4                ACTING PRESIDENT CROCI:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 6.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CROCI:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CROCI:   Senator 

12   Jacobs to explain his vote.

13                SENATOR JACOBS:   Thank you, 

14   Mr. President.  

15                I rise today in support and awe for 

16   this bill in our collective efforts to save lives 

17   and be focused on the overall number of 

18   10,000 New Yorkers who currently are waiting for 

19   a lifesaving organ transplant.  Currently 

20   New York rests at the bottom of the 50 states in 

21   the union in terms of the number of residents 

22   signed up to be an organ donor.

23                One of the most significant efforts 

24   to increase donations has been the partnership 

25   established between the Department of Motor 


                                                               2272

 1   Vehicles and the Donate Life registry, making it 

 2   simple and easy for those doing business at local 

 3   auto bureaus to sign up to that registry.

 4                Although this effort has made gains, 

 5   it has not nearly been as effective in downstate 

 6   because fewer residents drive and do business at 

 7   a local DMV.  This law would establish the same 

 8   partnership model with those getting library 

 9   cards and SUNY and CUNY identifications, a 

10   potential to expand the universe of people having 

11   access to this opportunity to sign on with 

12   several million additional potential residents of 

13   New York State annually.

14                I would like to thank Senator 

15   Hoylman for his invaluable input on the design of 

16   this legislation and developing it to fruition.  

17                It is my hope that this act becomes 

18   law and translates into many more lives saved.  I 

19   vote in the affirmative.

20                Thank you.

21                ACTING PRESIDENT CROCI:   Senator 

22   Jacobs to be recorded in the affirmative.

23                Please announce the result.

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               2273

 1   is passed.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Can we now do 

 4   the controversial reading of the active list for 

 5   today.

 6                ACTING PRESIDENT CROCI:   The 

 7   Secretary will ring the bell.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   508, by Senator Griffo, Senate Print 5126, an act 

11   to amend the Public Authorities Law.

12                ACTING PRESIDENT CROCI:   Senator 

13   Squadron.

14                SENATOR SQUADRON:   Explanation, 

15   please, Mr. President.

16                ACTING PRESIDENT CROCI:   Senator 

17   Griffo.

18                SENATOR GRIFFO:   Mr. President, so 

19   the bill before us today deals with legislation 

20   which -- first, I want to clarify, this bill does 

21   not in any way prevent the Champlain Hudson Power 

22   Express line.  

23                What it does is it basically sets 

24   some standards here to say that if the New York 

25   Power Authority were to contract to bring power, 


                                                               2274

 1   then it would also ensure that they allow 

 2   in-state existing generating facilities located 

 3   throughout our state to have that opportunity to 

 4   transmit their electricity across such 

 5   transmission lines.

 6                Now, the CHPE has been on the books 

 7   and proposed for a number of years.  There have 

 8   been some staggering costs associated with this.  

 9   Some estimates have been over $2 billion.  So the 

10   concern again here is that if our Power Authority 

11   were to engage in any type of a contract for this 

12   type of activity and service through our state, 

13   what we want to do to bring power, we want to 

14   ensure that we're not enabling a subsidy which 

15   would, in the end, potentially cause additional 

16   increases on our taxpaying ratepayers.

17                ACTING PRESIDENT CROCI:   Senator 

18   Squadron, why do you rise?

19                SENATOR SQUADRON:   If the sponsor 

20   would yield for a question.

21                ACTING PRESIDENT CROCI:   Will the 

22   sponsor yield for a question?  

23                SENATOR GRIFFO:   I would.

24                ACTING PRESIDENT CROCI:   Senator 

25   Squadron.


                                                               2275

 1                SENATOR SQUADRON:   The sponsor says 

 2   that this would in no way shut down the Champlain 

 3   Hudson transmission line.  However, I believe the 

 4   bill says that it would do exactly that if the 

 5   conditions in the bill aren't met.  Isn't that 

 6   correct?

 7                SENATOR GRIFFO:   No, Senator 

 8   Squadron.  What it says -- I indicated that 

 9   earlier in the explanation -- that only if the 

10   New York Power Authority is to engage in a 

11   contract with this specific line, that we would 

12   like equal opportunity and access to in-state 

13   generators to have that ability to hook up to 

14   that line.  Because you now have a public benefit 

15   entity involved in trying to bring power.  

16                We believe that there are a number 

17   of opportunities and potential sources that exist 

18   also that will be able to provide the power, 

19   because I know there's a concern we want to 

20   ensure that power is provided where needed, 

21   particularly in the city.  In one way, what this 

22   language and bill kind of does is to codify some 

23   of the Article VII transmission line 

24   certifications -- certificate that exists to 

25   protect the ratepayer also.  


                                                               2276

 1                So they can build the line, but if 

 2   they want to engage in some type of public 

 3   connection through a public subsidy, if you want 

 4   the Power Authority to get engaged in that, 

 5   that's where we would say that we want to ensure 

 6   that also we allow the in-state generators to 

 7   have that type of access.  

 8                In the early '90s, the Power 

 9   Authority entered into contracts with 

10   Hydro-Québec, and they subsequently were canceled 

11   because they were too expensive.  So we're trying 

12   to just monitor this from a cost perspective and 

13   to be mindful to the ratepayer across the region 

14   and the state as a whole.  

15                SENATOR SQUADRON:   If the sponsor 

16   would continue to yield.

17                SENATOR GRIFFO:   Yes.

18                ACTING PRESIDENT CROCI:   I would 

19   remind all members to please direct their 

20   comments through the chair and not to an 

21   individual member.

22                The sponsor continues to yield.

23                Senator Squadron.

24                SENATOR SQUADRON:   Thank you.  

25                Is the sponsor aware of any plans 


                                                               2277

 1   for the power that's going to be transmitted over 

 2   this line to be currently purchased by NYPA?  And 

 3   if not, sort of under what circumstances does the 

 4   sponsor imagine -- you know, consider that that 

 5   might happen?  

 6                SENATOR GRIFFO:   Mr. President, 

 7   through you.  Senator Squadron, first of all, in 

 8   the bill on lines 3, 4, and 5 you can see some of 

 9   what I discussed previously.  

10                But my concern is in the past NYPA 

11   has been a part of some costly transmission 

12   projects.  We look at the Hudson Transmission 

13   Project, which was a line that ran for about 

14   7 miles between Ridgefield, New Jersey, under the 

15   Hudson to Hell's Kitchen.  And because of the 

16   lack of buyers for that power, NYPA lost 

17   $43.1 million.  

18                As I indicated earlier, in the early 

19   '90s they had another contract which subsequently 

20   was canceled.  

21                So the concern is there's a past 

22   history here.  And not to be reactive, but to be 

23   proactive, we are trying to be mindful of this 

24   type of potential interaction.  And we are 

25   suggesting that if they were to get involved -- 


                                                               2278

 1   if they're not to get involved, and it's a 

 2   private-sector venture, then it is what it is.  

 3   But if they are to get involved with public 

 4   dollars, then we're saying that if you're going 

 5   to engage in a contract, we want to ensure that 

 6   we allow in-state generators to have access to 

 7   that line.

 8                SENATOR SQUADRON:   If the sponsor 

 9   will continue to yield.

10                SENATOR GRIFFO:   Yes.

11                ACTING PRESIDENT CROCI:   The 

12   sponsor continues to yield.

13                Senator Squadron.  

14                SENATOR SQUADRON:   So if I 

15   understand the purpose of this bill, it is to 

16   prevent the New York Power Authority from 

17   accessing the power on this transmission line, in 

18   the event it wants to, and instead give 

19   preference to power producers largely upstate, 

20   such as the producers owned by Exelon?  

21                SENATOR GRIFFO:   No, that's not 

22   true.  Mr. President, through you.  Senator 

23   Squadron, no, that is not accurate.

24                Again, what the bill attempts to do 

25   is to ensure that if the Power Authority is to 


                                                               2279

 1   engage in a contract, then they would allow 

 2   access to that line for in-state generators.  We 

 3   have over $10 billion that have been invested by 

 4   some of these in-state generators.  We have over 

 5   10,000 employees working for them across the 

 6   state.

 7                So we're just saying that if you're 

 8   going to use public dollars, which potentially 

 9   could have an adverse impact on the ratepayer -- 

10   and I cited some of the previous examples, and 

11   that's why we're looking at this from a proactive 

12   standpoint rather than a reactive -- then we just 

13   need to be cognizant of that and say if you 

14   engage in this, then you have to allow access to 

15   those lines to these in-state power generators.

16                SENATOR SQUADRON:   If the sponsor 

17   will continue to yield.

18                ACTING PRESIDENT CROCI:   Will the 

19   sponsor yield?

20                SENATOR GRIFFO:   Yes.

21                ACTING PRESIDENT CROCI:   Senator 

22   Squadron.

23                SENATOR SQUADRON:   Thank you.

24                If there's no capacity on those 

25   lines under this scenario, what would the impact 


                                                               2280

 1   be?

 2                SENATOR GRIFFO:   Mr. President, 

 3   through you, I don't believe that's an issue, 

 4   but -- I'm not aware that that is an issue in any 

 5   way.

 6                In fact, as I look at this, when we 

 7   look at the requirement if we were to -- if NYPA 

 8   were to engage in some type of contract, what the 

 9   request would be, it would be in-state power 

10   generation, they would have to agree to at least 

11   one cutoff, where these in-state power generators 

12   can put their power into the line and carry it 

13   down to the city.

14                SENATOR SQUADRON:   I'm sorry, if 

15   the sponsor would just repeat, I apologize.

16                SENATOR GRIFFO:   It would at 

17   least -- what we're suggesting, it could -- you 

18   asked like what it would entail.  If NYPA were to 

19   engage in a contract, what we're requiring is 

20   that they must agree to include at least one 

21   cutoff from where the line -- from the line where 

22   the in-state power generators would have the 

23   opportunity to put their power into this line to 

24   carry it down to the city.

25                SENATOR SQUADRON:   If the sponsor 


                                                               2281

 1   would continue to yield.

 2                SENATOR GRIFFO:   Yes.

 3                ACTING PRESIDENT CROCI:   The 

 4   sponsor yields.

 5                Senator Squadron.  

 6                SENATOR SQUADRON:   And that 

 7   requirement would exist regardless of the 

 8   relative cost of the power generated by the 

 9   in-state power generators and the -- relative to 

10   the purchase price in the NYPA contract?  

11                SENATOR GRIFFO:   I think that 

12   that -- Mr. President, through you.  Senator 

13   Squadron, I think that has to be determined.  

14                I think the effort that we're trying 

15   to seek here, Senator Squadron, is to ensure we 

16   protect the ratepayer, the taxpayer, that we 

17   don't want to enable a contract that puts public 

18   dollars into something that could potentially 

19   increase those rates.  So that's the concern that 

20   we have using a public benefit authority in this 

21   particular instance.

22                If the line -- and as I indicated, 

23   there obviously are some concerns and issues with 

24   the line from a private perspective, because it's 

25   been several years and the costs are staggering.  


                                                               2282

 1   So we're just trying to determine what is the 

 2   best approach here to deliver the power.  

 3                And as I indicated to you earlier, 

 4   there are a number of other possible scenarios 

 5   and sources that may also exist and that are 

 6   evolving each and every day of where we can 

 7   generate and deliver that power to where it's 

 8   needed, particularly in light of some of the 

 9   decisions that are being made in facilities such 

10   as Indian Point.

11                SENATOR SQUADRON:   If the sponsor 

12   would continue to yield.

13                SENATOR GRIFFO:   Yes.

14                ACTING PRESIDENT CROCI:   The 

15   sponsor yields.

16                Senator Squadron.  

17                SENATOR SQUADRON:   So just to be 

18   clear -- thanks -- are there any protections in 

19   the bill to suggest that this access would only 

20   be provided if it were to reduce costs for 

21   ratepayers?  Or is it an automatic access to this 

22   transmission line regardless as to whether that 

23   would increase costs for ratepayers?

24                SENATOR GRIFFO:   Mr. President, 

25   through you.  Senator Squadron, there's nothing 


                                                               2283

 1   specific in the bill, but the intent of the bill 

 2   is to ensure, as I indicated to you, that we try 

 3   to do whatever is possible to avoid costs that 

 4   could be passed along ultimately to the 

 5   ratepayer.  That's the goal and the objective.  

 6                Obviously we want to get the power 

 7   there, and we want to do it in the most efficient 

 8   manner possible and the most cost-effective 

 9   manner possible.

10                SENATOR SQUADRON:   On the bill, 

11   Mr. President.

12                ACTING PRESIDENT CROCI:   Senator 

13   Squadron on the bill.

14                SENATOR SQUADRON:   Thank you.  

15                I really appreciate the sponsor 

16   answering the questions.  And I actually do 

17   better understand the intent of the bill than I 

18   did before, so that was -- it was time well 

19   spent.

20                I do have an ongoing concern about 

21   the bill.  While I think it is clear that this 

22   bill is not intended to make the $2.2 billion 

23   investment in the Champlain Hudson Power Express 

24   moot or lie fallow, which I do appreciate, I 

25   think it still does tie the hands of NYPA, 


                                                               2284

 1   obviously -- that's in fact the intent -- and, 

 2   more importantly, could have the consequence of 

 3   either increasing costs for ratepayers in places 

 4   like Long Island and parts of New York State that 

 5   already have very, very high rates and whose 

 6   rates need to be protected as Indian Point is 

 7   phased out, just as the sponsor says.

 8                One major concern is we know that a 

 9   lot of the power that is currently projected to 

10   be generated in the upstate part of New York is 

11   generated by a set of nuclear generating 

12   facilities owned by Exelon -- FitzPatrick, Ginna, 

13   and Nine Mile 1 and 2 -- that are currently 

14   slated to get up to $7.6 billion in subsidy over 

15   the next decade-plus, dwarfing the $2.2 billion 

16   that we're getting out of this transmission line 

17   to access Quebec's power.  

18                And to make the downstate region 

19   more dependent upon power that requires nearly 

20   $8 billion in subsidy that the ratepayers across 

21   the state are going to have to pay, is real 

22   concerning.  There are lots of different ways to 

23   protect ratepayers.  To make the ratepayers of 

24   Nassau and Suffolk and New York City and the 

25   Hudson Valley more dependent on power that 


                                                               2285

 1   requires a subsidy of nearly $8 billion is not 

 2   the way to do it.

 3                So I do understand and in fact am 

 4   sympathetic to, having dealt with them a couple 

 5   of times, the need to hold NYPA's feet to the 

 6   fire and protect ratepayers when NYPA is involved 

 7   from time to time.  But I have to tell you, 

 8   protecting ratepayers is not tying the hands of 

 9   the regulators so that they are required to make 

10   a region of the state more dependent on heavily, 

11   heavily, heavily subsidized power that is already 

12   projected to raise energy costs significantly 

13   across the state.

14                So I worry a lot about that.  I also 

15   do worry about the ability for NYPA to come in, 

16   if it needs to, quickly.  And for those two 

17   reasons, Mr. President, I'll be voting no.

18                I would be interested in working 

19   with the sponsor further on ensuring that NYPA 

20   doesn't come in and create higher-priced power 

21   through its contracting, which I know is a 

22   legitimate concern, but also that we do not even 

23   further burden the ratepayers across this state 

24   with the enormous, enormous subsidy that is 

25   currently projected to be driven into a couple of 


                                                               2286

 1   these producers in one region.

 2                So I'm a no, Mr. President.  Thank 

 3   you.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Krueger, why do you rise?

 6                SENATOR KRUEGER:   On the bill, 

 7   Mr. President.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Krueger on the bill.

10                SENATOR KRUEGER:   I also want to 

11   thank the sponsor for his answers to the 

12   questions my colleague asked of him.

13                But as I listened to him, I was also 

14   reading the memo from the Independent Power 

15   Producers of New York, who support his bill, and 

16   their memo explicitly says the legislation "would 

17   prohibit NYPA from contracting for or otherwise 

18   buying or requiring electricity or environmental 

19   attributes associated with electricity that is 

20   transmitted over this type of transmission line."

21                So despite his answer, I actually 

22   think it's clear that this bill would prevent 

23   this transmission line from going forward.  I 

24   think that is bad for the State of New York.  

25                They also say they are concerned 


                                                               2287

 1   that the import of hydroelectricity from Canada 

 2   wouldn't meet the clean energy standards and so 

 3   shouldn't be viewed as sustainable.  But when I 

 4   checked with several people, I was assured that 

 5   hydroelectric as it exists would meet our clean 

 6   energy standards.  

 7                And I know for a fact that the 

 8   people of New York City -- and the people of 

 9   Long Island particularly -- desperately need more 

10   energy transmission lines and more energy 

11   available to them because we are purchasing it at 

12   an incredibly high utility cost.  And because of 

13   the deal that was incorporated through the 

14   Governor and not resolved through the budget, 

15   taxpayers are in fact footing subsidies of 

16   nuclear power.  Why?  Because supposedly we 

17   needed to keep them.  Why?  Because we didn't 

18   have enough energy otherwise.  Why?  Because 

19   we're not producing and transmitting around the 

20   state adequate energy.  Hence, supply and demand, 

21   we are paying higher utility rates than almost 

22   anywhere else in the country.

23                I think it's fascinating that the 

24   Independent Power Producers of New York oppose 

25   this, because they say all these other things 


                                                               2288

 1   could happen without importing some energy from 

 2   Canada.  I've been in this chamber for 15 years 

 3   wondering why New York State can't seem to 

 4   modernize its transmission lines, why New York 

 5   State can't move faster to move into sustainable 

 6   energy that in fact could be distributed 

 7   statewide, upstate and downstate, watching 

 8   New York City put highly environmentally toxic 

 9   small plants throughout our boroughs because we 

10   couldn't get more energy from transmission lines 

11   from upstate and Western New York even though we 

12   desperately wanted to.

13                So there might be a lot of 

14   responsibility to go around as to why in 2017 

15   we're asking -- no, we're requiring taxpayers to 

16   subsidize old nuclear plants because otherwise we 

17   won't enough energy.  And there might be many 

18   explanations for why New York State's energy 

19   producers failed to do their job for decades of 

20   not modernizing energy transmission lines so that 

21   we could produce energy and sustainable energy in 

22   a more-cost effective way throughout the State of 

23   New York.  

24                All I know is it's 2017.  Downstate 

25   is desperate for more sustainable energy and the 


                                                               2289

 1   transmission lines to move it to us.  And I 

 2   frankly am not going to lose any sleep about the 

 3   idea that some of that electricity might start in 

 4   Canada and run through lines in New York State.  

 5   So I am not interested in stopping this kind of 

 6   movement.  

 7                We need modernization of our 

 8   transmission-line system in New York State.  We 

 9   are decades behind.  We have legal obligations to 

10   meet sustainable energy target goals by certain 

11   years.  And we owe it to the taxpayers of the 

12   state to do everything we can to actually lower 

13   their cost of electricity.  

14                I think this bill, if it became law, 

15   would move us in the opposite direction.  I'll 

16   vote no, Mr. President.  

17                Thank you.

18                ACTING PRESIDENT CROCI:   Seeing no 

19   other members wishing to rise, I would like the 

20   Secretary to ring the bell.  The debate is 

21   closed.  

22                Read the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT CROCI:   Call the 


                                                               2290

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT CROCI:   Announce 

 4   the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 508, those recorded in the negative are 

 7   Senators Alcantara, Avella, Bailey, Brooks, 

 8   Comrie, Díaz, Dilan, Felder, Gianaris, Hamilton, 

 9   Hoylman, Kaminsky, Krueger, Latimer, Montgomery, 

10   Peralta, Persaud, Rivera, Serrano, Squadron, 

11   Stavisky and Stewart-Cousins.

12                Absent from voting:  Senator Golden.

13                Ayes, 37.  Nays, 22.

14                ACTING PRESIDENT CROCI:   The bill 

15   is passed.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Would you 

18   continue reading the controversial calendar.

19                ACTING PRESIDENT CROCI:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   613, by Senator Hannon, Senate Print 2497, an act 

23   to amend the Tax Law.

24                ACTING PRESIDENT CROCI:   Senator 

25   Gianaris, why do you rise?


                                                               2291

 1                SENATOR GIANARIS:   Mr. President, I 

 2   believe there is an amendment at the desk.  I ask 

 3   that the reading be waived and that Senator --

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Gianaris, I have reviewed your amendment already 

 6   and it is -- I reviewed it very carefully, and it 

 7   is not germane to the bill.

 8                SENATOR GIANARIS:   Thank you.

 9                ACTING PRESIDENT CROCI:   So I'm 

10   ruling that it is out of order.

11                SENATOR GIANARIS:   Well, that's 

12   different than ruling it not germane.  I think 

13   you're ruling it not germane, is that correct, 

14   Mr. President?  

15                ACTING PRESIDENT CROCI:   It is both 

16   not germane and therefore out of order.

17                (Laughter.)

18                SENATOR GIANARIS:   Mr. President, I 

19   appeal from whichever of those two decisions you 

20   would like to have me appeal -- or both, for that 

21   matter -- and I would ask that Senator Hoylman be 

22   heard on the appeal.

23                ACTING PRESIDENT CROCI:   Senator 

24   Hoylman.

25                SENATOR HOYLMAN:   Thank you, 


                                                               2292

 1   Mr. President.  

 2                I rise to argue that the amendment 

 3   is germane and therefore in order.

 4                We're talking about personal income 

 5   taxes here in our amendment before us today.  

 6   This amendment would reestablish a very important 

 7   political norm in connection with income taxes, 

 8   that political norm which every president of the 

 9   United States since Jimmy Carter followed.  They 

10   all released their taxes to New Yorkers and the 

11   American public before they ran for office.

12                Why is that important?  Well, we as 

13   New Yorkers should know the financial interests 

14   of candidates.  That's why all of us fill out 

15   financial disclosure forms.  And it's more 

16   important to even know the financial interests of 

17   the president of the United States.

18                First, the president of the 

19   United States, which is not widely known, is 

20   actually immune from most conflict-of-interest 

21   laws.  That means that he could make public 

22   policy, as they're doing down in Washington 

23   today, that could directly conflict with national 

24   policy.  He could advocate, for example, tax cuts 

25   for the very wealthy that might benefit his 


                                                               2293

 1   bottom line.  The American people need to know 

 2   that.  

 3                Secondly, it's a matter of national 

 4   security.  I would argue, Mr. President, that we 

 5   need to know the financial entanglements of an 

 6   individual who has such complex taxes, 

 7   particularly as it regards domestic and foreign 

 8   entities.  

 9                And third, let me say we as 

10   New Yorkers have a responsibility to our 

11   constituents to set ballot access.  We do it all 

12   the time.  We set ballot requirements for the 

13   number of signatures.  Well, we can do the same 

14   for requiring presidents and vice presidential 

15   candidates to release their taxes before they 

16   qualify for the ballot in New York State.

17                This amendment, Mr. President, would 

18   require all candidates for president or 

19   vice president of the United States to release 

20   five years' worth of taxes within 50 days of the 

21   election.  The Board of Election would then 

22   publish those returns on a website within 10 days 

23   of an election.  

24                If a presidential or vice 

25   presidential candidate doesn't release their 


                                                               2294

 1   taxes, what happens?  They don't qualify for the 

 2   ballot in New York.

 3                I'll tell you something else, 

 4   Mr. President.  New York isn't alone in this 

 5   effort, although we were the first.  Since 

 6   New York introduced legislation, 28 other states 

 7   have done the same.  This is a national movement.  

 8   The people have a right to know whether this 

 9   president is benefiting from federal policy, 

10   whether this president is actually creating 

11   conflicts of interest, whether this president is 

12   putting the national interests behind his own 

13   personal ones.

14                I would urge my colleagues to, with 

15   all due respect, Mr. President, reject your 

16   ruling and support this amendment so we have full 

17   presidential tax transparency in the State of 

18   New York.

19                Thank you.

20                ACTING PRESIDENT CROCI:   Having 

21   heard your appeal, I rule that it is not germane 

22   to the bill.  Appreciate the appeal.

23                All those in favor of overruling the 

24   ruling of the chair please signify by saying aye.

25                SENATOR GIANARIS:   Show of hands, 


                                                               2295

 1   Mr. President.

 2                ACTING PRESIDENT CROCI:   A show of 

 3   hands is ordered.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 28.

 6                ACTING PRESIDENT CROCI:   The ruling 

 7   of the chair stands.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Can we take 

10   up the bill?

11                ACTING PRESIDENT CROCI:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of January.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CROCI:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT CROCI:   The bill 

22   is passed.

23                SENATOR DeFRANCISCO:   Excuse me.  

24   Pardon me.  I'd like to explain my vote.

25                ACTING PRESIDENT CROCI:   I'm sorry.  


                                                               2296

 1   Senator DeFrancisco to explain his vote.

 2                SENATOR DeFRANCISCO:   In case 

 3   anyone is out there in the viewing public and 

 4   wonders what is going on here, I'm sort of 

 5   wondering myself.  

 6                The bill we just passed was a bill 

 7   by Senator Hannon which established a one-time 

 8   personal income tax credit for up to $10,000 for 

 9   the expenses incurred by a resident taxpayer in 

10   the course of donating his or her organs for 

11   transplantation.  What the release of tax returns 

12   by presidential candidates has to do with that is 

13   beyond me.

14                So I vote yes because it's a 

15   phenomenal bill and it's going to help us make 

16   more donations in this state and hopefully help 

17   those people who are willing to do that, to pay 

18   the expenses that they incur for making those 

19   donations.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT CROCI:   Senator 

22   DeFrancisco to be recorded in the affirmative.

23                Senator Gianaris.  

24                SENATOR GIANARIS:   We're in the 

25   vote explanation period?


                                                               2297

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Gianaris to explain his vote.

 3                SENATOR GIANARIS:   To explain my 

 4   vote, Mr. President.  

 5                I just want to point out to my 

 6   colleague, who I respect greatly, that amendments 

 7   on bills that are related in our view, but maybe 

 8   tangentially so, are necessary because the 

 9   majority refuses to allow proper hearings on 

10   these bills where the issues can be hashed out 

11   and discussed in public light.  

12                And so this is the procedural 

13   mechanism that's available to us, and we 

14   certainly are going to continue to take advantage 

15   of it as we see fit.  

16                I vote yes on the underlying bill, 

17   Mr. President.

18                ACTING PRESIDENT CROCI:   Senator 

19   Gianaris recorded in the affirmative.

20                Senator Krueger, why do you rise?

21                SENATOR KRUEGER:   Thank you, 

22   Mr. President.  To explain my vote.  

23                I too rise to support the bill and 

24   the intention of the bill.  And actually one of 

25   the arguments for why the hostile amendment was 


                                                               2298

 1   germane was don't we all want to know if we're 

 2   going to elect someone a president of the United 

 3   States, whether they might have donated away 

 4   their heart or their brain before they get to the 

 5   White House.  

 6                (Laughter.)

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Krueger to be recorded in the negative.

 9                Senator Hoylman.

10                SENATOR HOYLMAN:   Mr. President, I 

11   think it -- I commend Senator Hannon for his bill 

12   on organ donation.  But I for one would give part 

13   of my right lung to see Donald Trump's taxes.  

14                (Groans, moans from floor.)

15                ACTING PRESIDENT CROCI:   Announce 

16   the result, please.

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Is there any 

22   further business at the desk?  

23                ACTING PRESIDENT CROCI:   No, sir, 

24   there is no further business before the desk.

25                SENATOR DeFRANCISCO:   In that case, 


                                                               2299

 1   I move to adjourn until Wednesday, May 3rd, at 

 2   11:00 a.m.

 3                ACTING PRESIDENT CROCI:   On motion, 

 4   the Senate stands adjourned until Wednesday, 

 5   May 3rd, at 11:00 a.m.

 6                (Whereupon, at 5:32 p.m., the Senate 

 7   adjourned.)

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25