Regular Session - May 9, 2017
2452
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 May 9, 2017
11 3:11 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR PATRICK M. GALLIVAN, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GALLIVAN: The
3 Senate will come to order.
4 I ask everyone to please rise and
5 repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT GALLIVAN: In the
9 absence of clergy, may we please bow our heads
10 in a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT GALLIVAN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 May 8th, the Senate met pursuant to adjournment.
17 The Journal of Sunday, May 7th, was read and
18 approved. On motion, Senate adjourned.
19 ACTING PRESIDENT GALLIVAN:
20 Without objection, the Journal stands approved
21 as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 50,
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1 Senator Latimer moves to discharge, from the
2 Committee on Investigations and Government
3 Operations, Assembly Bill Number 2930 and
4 substitute it for the identical Senate Bill
5 2961, Third Reading Calendar 760.
6 ACTING PRESIDENT GALLIVAN: So
7 ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Yes. On
16 page 21 I offer the following amendments to
17 Calendar Number 400, Senate Print 4592, by
18 Senator Funke, and ask that said bill retain its
19 place on the Third Reading Calendar.
20 ACTING PRESIDENT GALLIVAN: The
21 amendments are received, and the bill shall
22 retain its place on the Third Reading Calendar.
23 SENATOR DeFRANCISCO: Please
24 recognize Senator Valesky.
25 ACTING PRESIDENT GALLIVAN:
2455
1 Senator Valesky.
2 SENATOR VALESKY: Thank you,
3 Mr. President.
4 On page 16 I offer the following
5 amendments to Calendar 314, Senate Bill 1567, by
6 Senator Avella, and ask that said bill retain
7 its place on the Third Reading Calendar.
8 ACTING PRESIDENT GALLIVAN: The
9 amendments are received, and the bill shall
10 retain its place on the Third Reading Calendar.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Yes, could
13 you please recognize Senator Gianaris.
14 ACTING PRESIDENT GALLIVAN:
15 Senator Gianaris.
16 SENATOR GIANARIS: Thank you,
17 Mr. President.
18 On behalf of Senator Stavisky, I
19 move that the following bill be discharged from
20 its respective committee and be recommitted with
21 instructions to strike the enacting clause:
22 Senate Bill 5218.
23 ACTING PRESIDENT GALLIVAN: So
24 ordered.
25 Senator DeFrancisco.
2456
1 SENATOR DeFRANCISCO: Yes, I move
2 to adopt the Resolution Calendar, with the
3 exception of Resolutions 2018, 1966, 2042, 2021,
4 2014, 2038, and 2064.
5 ACTING PRESIDENT GALLIVAN: All in
6 favor of adopting the Resolution Calendar, with
7 the exception of Resolutions 2018, 1966, 2042,
8 2021, 2014, 2038, and 2064, signify by saying
9 aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GALLIVAN:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT GALLIVAN: The
15 Resolution Calendar is adopted.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Yes, can you
18 take up Resolution 2018, by Senator Flanagan,
19 read the title only, and call on Senators
20 Flanagan, Alcantara, and then Stavisky.
21 ACTING PRESIDENT GALLIVAN: The
22 Secretary will read.
23 THE SECRETARY: Legislative
24 Resolution Number 2018, by Senators Flanagan,
25 Klein and Stewart-Cousins, congratulating the
2457
1 2017 New York State Women of Distinction.
2 ACTING PRESIDENT GALLIVAN: Senator
3 Flanagan.
4 SENATOR FLANAGAN: Thank you,
5 Mr. President.
6 I see a lot of smiling and happy
7 faces. I see my constituent sitting right up
8 here.
9 So I got a chance before to meet
10 Senator Amedore's Woman of Distinction. And
11 here's something very cool, and this is why this
12 is such a great day. George's Woman of
13 Distinction is not only here to hang out with
14 him, but she's celebrating her 51st wedding
15 anniversary, which I think is a great thing.
16 So to all of our guests, in all the
17 work that we do here -- and I think I can take
18 the liberty of saying this on behalf of my
19 colleagues -- these are the kinds of things that
20 we actually really like doing.
21 And the reason I'm so fond of this
22 day is because not only do you get a chance to
23 honor somebody from your home district, but they
24 all get a chance to meet some really talented,
25 dedicated professionals, people who are
2458
1 philanthropic, people who have had very
2 distinguished careers in a variety of different
3 ways. And for us, it gives us a chance, frankly,
4 to brag about our home districts and show how
5 many good people there are out there.
6 So I know this is a special day.
7 Some of you have been here before, some of you
8 are here I'm sure for the first time, but I think
9 you will find it not only gratifying, but you're
10 going to learn a lot about some really good
11 people.
12 So to all of you, thank you for
13 being with us; to my colleagues on both sides of
14 the aisle, for recognizing constituents in their
15 home districts.
16 And I will just close and say,
17 because I can, I just want to recognize Linda
18 Ventura, who is -- this is not her first time at
19 the dance. She's been a very strong advocate
20 here in Albany. And she is, for all of our
21 colleagues who pay attention, she is a champion
22 involving the cause of opioid and heroin
23 addiction. She is an absolute leader on
24 Long Island and in the State of New York. You'll
25 get a chance to meet her. She'll get a chance to
2459
1 meet you.
2 Thank you very much for being here.
3 Mr. President, thank you.
4 ACTING PRESIDENT GALLIVAN: Senator
5 Stavisky.
6 SENATOR STAVISKY: Thank you,
7 Mr. Majority Leader. And thank you to our
8 conference leader, Andrea Stewart-Cousins, for
9 asking me to say a few words on behalf of this
10 resolution.
11 This is the 19th year that we have
12 been honoring Women of Distinction, extraordinary
13 women from across the State of New York. We
14 recognize their accomplishments, we recognize
15 what they have done, whether it be in a
16 professional or personal capacity.
17 And if you look at the names and if
18 you look at the faces in the gallery, you see
19 such diversity, diversity in geography -- they're
20 from all parts of New York -- ethnically, in
21 religious beliefs, in economic status, in every
22 way possible. And that is because New York is
23 such a diverse state.
24 And yet each brings a special
25 talent, a special recognition to the award
2460
1 ceremony.
2 And I can't help but think, as I was
3 walking from the LOB to the Capitol, looking at
4 the posters on the wall, that March was Women's
5 History Month and we have so many women from
6 New York State who have served with distinction,
7 who are women of distinction. New York has
8 always been the leader in this area, whether it
9 be in women's suffrage, whether it be in women's
10 rights, women's history -- Seneca Falls. All you
11 have to do is see the photographs of Harriet
12 Tubman and Susan B. Anthony to realize they were
13 women of distinction as well.
14 So today we are honoring women from
15 business, from the academic and educational
16 arenas, from civic associations, religious
17 groups, people from public service, education and
18 science. And New York, with its emphasis on STEM
19 subjects -- I just can't help, as the ranking
20 member on Higher Education, to say that we do
21 need more women in the sciences, in the STEM
22 areas, and we have done a lot in New York State
23 to accomplish that. New York has been a leader
24 in that area also.
25 Last night I was trying to get
2461
1 caught up with back issues of the New York Times,
2 and I'm sitting in the hotel room and I was
3 reading a column by Nicholas Kristof in the
4 April 9th New York Times. And he was
5 interviewing a woman, a powerful woman, and she
6 said to him -- she noted the abundant social
7 science research that when men are ambitious and
8 successful, they may be perceived as more
9 likable.
10 In contrast, for women in
11 traditionally male fields, it's a tradeoff. The
12 more successful or ambitious a woman is, the less
13 likely she becomes -- and that's true of how
14 women perceive other women. It's not so much
15 that people oppose powerful women, it's an
16 unconscious bias.
17 And today we are putting aside those
18 biases. We are acclaiming women's
19 accomplishments. And I congratulate each of the
20 honorees for being truly a woman of distinction.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GALLIVAN: Senator
23 Alcantara.
24 SENATOR ALCANTARA: Thank you,
25 Mr. President.
2462
1 I'm so proud to rise, as the first
2 female Dominican State Senator, to be able to
3 stand with my colleagues on this important annual
4 event honoring the contribution of women to the
5 State of New York.
6 It is important that we recognize
7 the women who make up such a vital part of our
8 communities across New York and the contributions
9 that they make every day. In addition to those
10 in our community, we will also induct three new
11 honorees who, through their historic achievement,
12 made this state an exceptional place for all of
13 us to live.
14 This year it's especially fitting
15 that we induct Ida B. Sammis and Inez Milholland,
16 who were leaders in the women's suffrage
17 movement. New York City is the home state of the
18 women's suffrage movement, and this year across
19 the state we will celebrate the 100th anniversary
20 of New York women securing the right to vote on
21 November 6, 1917, thee years before the
22 19th Amendment was ratified.
23 When you walk through the Concourse
24 today, or the Legislative Office Building at
25 tonight's ceremony, take a moment to view the
2463
1 photos that are on display at the moment from
2 past inductees like Susan B. Anthony and
3 Elizabeth Cady Stanton, who fought for all of us
4 and paved the way.
5 I would like to commend all of
6 today's honorees, including my honoree, Carlene
7 Pinto, who's an immigrant rights advocate with
8 the New York Immigration Coalition. And I would
9 also congratulate all the females that are here.
10 In our own special way, we are all women of
11 distinction.
12 Thank you.
13 ACTING PRESIDENT GALLIVAN: The
14 question is on the resolution. All in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GALLIVAN:
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT GALLIVAN: The
21 resolution is adopted.
22 We welcome all the Women of
23 Distinction, extend the privileges of the Senate
24 to you, and congratulate you and thank you for
25 all you have done.
2464
1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: Just a point
3 of order.
4 Every Senator has asked me to speak
5 on -- they want to speak on their particular
6 Woman of Distinction. They can't do it, or we
7 wouldn't have time for the ceremony tonight.
8 So don't feel that we're ignoring
9 each and every woman from each district. We're
10 going to be very good to you later on.
11 (Laughter.)
12 SENATOR DeFRANCISCO: So, second
13 announcement, we have 15 resolutions on today.
14 In order to make the 5:30 Women of Distinction,
15 please everyone use their best judgment in the
16 length of time they talk.
17 With that said, could we please take
18 up Resolution 1966, by Senator Carlucci, read the
19 title only, and call on Senator Carlucci.
20 ACTING PRESIDENT GALLIVAN: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 1966, by Senator Carlucci,
24 memorializing Governor Andrew M. Cuomo to
25 proclaim May 7-13, 2017, as Correctional Officers
2465
1 and Employees Week in the State of New York.
2 ACTING PRESIDENT GALLIVAN: Senator
3 Carlucci.
4 SENATOR CARLUCCI: Thank you,
5 Mr. President.
6 It's an absolute honor and privilege
7 to submit this resolution today proclaiming this
8 week as Correctional Officers and Employees Week
9 in New York State.
10 And we have over 60,000 correctional
11 officers in New York State, really our unsung
12 heroes of the law enforcement community. They're
13 the ones that are doing the hard work, walking
14 the hardest beats in our community and serving
15 our community -- but it goes unseen.
16 And today we had the privilege of
17 being joined with many of the correctional
18 officers from around New York State. Today we're
19 joined in the gallery by Mike Powers, who's the
20 head of the New York State NYSCOPBA. And we also
21 had with us, from New York City COBA, Elias
22 Husamudeen; we also had Westchester COBA, Alonzo
23 West; and as well as Nassau COBA President Brian
24 Sullivan.
25 And we released a report called
2466
1 "Corrections Without Protections." And
2 unfortunately what we've seen is we've seen a
3 decrease in the inmate population in our prisons
4 around New York State, which is a good thing.
5 But what we have are some of the most dangerous
6 criminals in our prison facilities, as well as an
7 increase in violence.
8 We've seen an increase,
9 unfortunately, since 2011, where the assaults on
10 our correctional officers was at a rate of about
11 17.8 percent. Today it's at 24 percent. That's
12 showing that we need to do more to help our
13 correctional officers, give them the resources
14 that they need so that they can do their jobs to
15 make sure that they're protecting the inmates in
16 the prison but they're also making sure that they
17 keep themselves protected and can return home to
18 their families at night.
19 So it's with great honor that we
20 make this week Correctional Officer Week in
21 New York State. It's something that we all need
22 to step up and make sure that we're continuing to
23 help our correctional officers.
24 We were able to pass legislation
25 last year that required mental health training
2467
1 for our correctional officers. That's something
2 that our correctional officers wanted and needed.
3 Right now in New York State we have just under
4 10,000 documented inmates suffering from mental
5 illness. We know that's a low number; we think
6 it's actually much higher than that.
7 So that's just one example of the
8 resources that we need to be providing to our
9 correctional officers to make sure they can do
10 the job that we've asked them to do.
11 So, Mr. President, thank you for
12 allowing me to put forth this resolution, and I
13 thank my colleagues for supporting this
14 resolution as well.
15 Thank you.
16 ACTING PRESIDENT GALLIVAN: The
17 question is on the resolution. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT GALLIVAN:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT GALLIVAN: The
24 resolution is adopted.
25 Thank you to our correction officers
2468
1 that are here, and all of those statewide, for
2 your efforts.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes, can we
5 now take up Resolution 2042, by Senator Golden,
6 read the title only, and then call first on
7 Senator Akshar and then Senator Golden.
8 ACTING PRESIDENT GALLIVAN: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 2042, by Senator Golden,
12 memorializing Governor Andrew M. Cuomo to
13 proclaim May 9, 2017, as Police Memorial Day in
14 the State of New York.
15 ACTING PRESIDENT GALLIVAN: Senator
16 Akshar.
17 SENATOR AKSHAR: Mr. President,
18 thank you.
19 Allow me to begin my remarks with a
20 recitation from the Book of Matthew, the
21 5th chapter, the 9th verse: "Blessed are the
22 peacemakers, for they shall be called the
23 children of God."
24 Today is truly a special day. We as
25 a body have an opportunity to pause to reflect
2469
1 and pay tribute to the brave men and women who
2 have made the ultimate sacrifice, who have
3 literally laid their lives down in the pursuit of
4 justice and peace.
5 To date, 44 members of law
6 enforcement have lost their lives. That's an
7 increase of 22 percent from last year. So I
8 think about this. Many of you know that I have a
9 background in law enforcement. So people who
10 choose to go on the job, as it's commonly
11 referred to, they know that ultimately they may
12 have to give their lives in the pursuit of
13 justice and peace. But they still choose to do
14 it. They voluntarily do it.
15 So I think about this as well.
16 Aside from being a member of the United States
17 military, I would respectfully offer that being a
18 member of law enforcement is one of the most
19 noblest professions that anyone can embark on.
20 So today, to those who are currently
21 serving, I say thank you. Thank you for your
22 willingness to serve, and thank you for always
23 putting service to your community before self.
24 To the surviving family members that
25 have lost your peacemaker, I say thank you for
2470
1 sharing your loved one with us. And my prayer is
2 that God will continue to bring you peace,
3 protection, and love every day of your lives
4 moving forward.
5 Mr. President, thank you.
6 ACTING PRESIDENT GALLIVAN: Senator
7 Golden.
8 SENATOR GOLDEN: Thank you,
9 Mr. President.
10 I thank this body. And of course
11 all the comments that Senator Akshar and of
12 course other members that will make statements
13 here today in the memory of those that paid the
14 ultimate sacrifice -- the ultimate sacrifice for
15 our city, our state, and for our nation.
16 And today we have men and women in
17 harm's way across this great world fighting in
18 our armed services and giving their lives each
19 and every day, and dying from the injuries that
20 they have received over the years. We see our
21 World War II vets and the sacrifices they have
22 made, and our Korean War vets and our Vietnam
23 vets.
24 And a lot of those guys that served
25 in our military went into our paramilitary units
2471
1 across this great city, meaning New York, and
2 across our state and this nation. And they've
3 made a difference, ladies and gentlemen. They
4 made a difference in making and continuing to
5 make this the greatest safest state in the union
6 and the greatest state in this nation and the
7 greatest nation in the world.
8 Today we were out there with many
9 police officers and their families, 40 that have
10 died and perished in this past year alone --
11 those that suffered from 9/11, those that are
12 still suffering, and more that will perish in the
13 year coming. The funerals will continue for the
14 sacrifices of those men and women each and every
15 day.
16 So it's important that we honor
17 their memory, that most of all we honor those
18 families. The joy at today's memorial -- we were
19 watching the young kids smiling, fooling around
20 with mommy or daddy, not really understanding
21 what they're about to face in years to come.
22 Ladies and gentlemen, we live in the
23 greatest state in the greatest nation in the
24 world because of our men and women in blue,
25 because of the sacrifices that they make each and
2472
1 every day.
2 Many of them are not here today
3 because they're in the Assembly and at other
4 events with many of the families that suffered
5 from the losses of 9/11. But some of the
6 families, the Liu family, the Ramos family from
7 the City of New York -- gunned down, assassinated
8 a year and a half ago. Or Police Officer Lee,
9 his father comes to every event, every single
10 event that the police department has, his son too
11 also gunned down several years ago.
12 We can never forgot those that die
13 in battle each and every day for us across this
14 world. We can never forget our paramilitary
15 units that are here defending us each and every
16 day. And we cannot forget their families and
17 their children and the future of our great state.
18 So it's an honor -- and I wanted to
19 thank our leader today for his great comments.
20 Leader Flanagan made great statements today, and
21 so did Lieutenant Governor Kathy Hochul, and many
22 others that made great comments today about their
23 sacrifices. I am proud of this great state and
24 this nation, and I'm a former New York City
25 police officer myself, like a lot of my members
2473
1 here today -- some of them, anyway -- that have
2 served, whether being in military or paramilitary
3 units.
4 But I've got to tell you, joy,
5 sadness and tears is what came out of me today at
6 the 66th birthday -- 66 years of age, and every
7 year that we do that, tears come out of those
8 eyes, and they should.
9 So, ladies and gentlemen, do me one
10 favor, and all of my colleagues. Let's remember
11 each and every one of them that died, perished,
12 and are dying at this very moment. Remember them
13 in our prayers, remember their sacrifices,
14 remember their families and their children. God
15 bless them, God bless this state, and God bless
16 this great nation.
17 Thank you, Mr. President.
18 ACTING PRESIDENT GALLIVAN: The
19 question is on the resolution. All in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT GALLIVAN:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT GALLIVAN: The
2474
1 resolution is adopted.
2 Thank you to our law enforcement
3 officers and their families.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Yes, can we
6 take up -- excuse me. Senator Golden would like
7 to address the chair.
8 ACTING PRESIDENT GALLIVAN: Senator
9 Golden.
10 SENATOR GOLDEN: Mr. President, if
11 I could. I know this is probably a little bit
12 over the top, but you know what? These souls
13 that went home, they're home with Jesus, with
14 God, with their Savior. I think we all owe them
15 a debt of gratitude. If we could all rise and
16 give them a round of applause, to the families
17 that are up here today and to the police officers
18 who gave their sacrifice for this great land.
19 Thank you.
20 (Standing ovation.)
21 ACTING PRESIDENT GALLIVAN: Senator
22 DeFrancisco.
23 SENATOR DeFRANCISCO: Thank you,
24 Senator Golden.
25 Now can we take up previously
2475
1 adopted Resolution 1841, also by Senator Golden,
2 read the title only, and call on the Senator to
3 speak, please.
4 ACTING PRESIDENT GALLIVAN: The
5 Secretary will read.
6 THE SECRETARY: Legislative
7 Resolution Number 1841, by Senator Golden,
8 memorializing Governor Andrew M. Cuomo to
9 proclaim September 4, 2017, as Mother Teresa Day
10 in the State of New York.
11 ACTING PRESIDENT GALLIVAN: Senator
12 Golden.
13 SENATOR GOLDEN: I thank you,
14 Mr. President, for this honor again.
15 I rise today because of a great
16 saint that inspired so many of us across this
17 great country and this world. Mother Teresa was
18 born August 26, 1910, in the Republic of
19 Macedonia to her Albanian parents. Mother Teresa
20 spent the majority of her adult life selflessly
21 serving the poor until her very last days.
22 Mother Teresa passed away on September 5, 1997,
23 in India, at the age of 87.
24 She was born in Albania, she became
25 a nun in Ireland, and she went to Calcutta to
2476
1 take care of the poor.
2 Her work did not go unrecognized.
3 She received numerous awards and a Nobel Peace
4 Prize. And in 2015, Mother Teresa was fittingly
5 declared a saint by Pope Francis.
6 Her selfless ways and dedication to
7 helping the underserved can teach us how we can
8 be better people. As public servants, we must
9 keep Mother Teresa in our thoughts and make sure
10 that we are doing our absolutely best in serving
11 the good people of this great state.
12 We put up a statue in Brooklyn,
13 New York, for Mother Teresa. And that was this
14 past year. And that statue brought Catholics,
15 Jews, and Muslims and brought them out to give
16 flowers and to give honor to that great saint
17 because of her work.
18 And today we are joined by
19 Prince Leka, and we recognize him and we
20 recognize the Princess for her great work and his
21 great work from their country, and for the
22 greatness that not only has their nation been a
23 good friend to this great nation, but to that
24 great saint that went on to do so many great
25 things.
2477
1 Ladies and gentlemen, it is with
2 great, great pride that I introduce Crown Prince
3 Leka and Her Royal Highness Crown Princess Elia,
4 as we give them a round of applause for their
5 great work and what they've been able to achieve.
6 This gentleman, through his career,
7 has served as an honorable member of the board of
8 the Royal University of Illyria, the Honorary
9 Mayor of the City of Baton Rouge, the former
10 President of the Albanian Golf Federation,
11 Honorary Member of the Albanian Olympic
12 Committee. And most notably, Prince Leka has
13 served as the political advisor to the Minister
14 of Interior and to the President of Albania.
15 Just like the Prince, his wife, the
16 good Princess, has lived also a remarkable life.
17 She is not only part of the film industry, but
18 she has a promising career as an actress in the
19 Albanian National Theater. Besides her success
20 in films, the princess has a successful singing
21 career and in 2008 the princess had a single hit
22 titled "October 31," gaining her great
23 recognition and the best Female Artist Award in
24 Pristine, Kosova.
25 Ladies and gentlemen, it is with
2478
1 great pride that I introduce both the Prince and
2 his lovely wife, the Princess, to our great home,
3 to our legislative body. Thank you, welcome, and
4 continue to be the great people that you are, and
5 representing a great nation.
6 Ladies and gentlemen, the Prince and
7 the Princess. Please rise. Ladies and
8 gentlemen, if you can, let's stand and give the
9 Prince and the Princess a round of applause.
10 (Standing ovation.)
11 SENATOR GOLDEN: And thank you for
12 helping us with Mother Teresa, and thank you for
13 getting that statue. And I thank the Albanian
14 Roots, Marco Kepi, and Mark Gjonaj, from the
15 Assembly, for all of his good work as well.
16 Thank you very much.
17 ACTING PRESIDENT GALLIVAN: Senator
18 Klein.
19 SENATOR KLEIN: Thank you,
20 Mr. President.
21 I want to thank Senator Golden for
22 bringing this resolution to the floor.
23 Certainly as we today celebrate
24 Women of Distinction, Mother Teresa certainly has
25 to be on top of everyone's list. All the work
2479
1 she did for the poor, founding and creating the
2 Missionaries of Charity, are things that are
3 known to us worldwide and will never be
4 forgotten.
5 But I think, being that we have the
6 Prince and the Princess here today, this is also
7 an opportunity to celebrate the Albanian
8 community, not only in the United States but all
9 over the world.
10 Many of you may know that a personal
11 story that I have is I'm the grandson of
12 Holocaust survivors. And during the dark days of
13 the Holocaust, one of the only nations at that
14 time that actually harbored and protected the
15 Jewish people was the Albanian government. And
16 certainly that's a very important connection that
17 in our history we should never ever forget.
18 Also I'm very proud of the fact that
19 I probably represent one of the largest Albanian
20 communities anywhere in the state.
21 And when we talk about immigrants
22 coming to these shores, immigrants coming here to
23 start a new life, certainly the Albanian
24 community has I think taken the assimilation
25 process to a new level -- very prominent in
2480
1 businesses and real estate and making sure that
2 our economy flourishes, both in the Bronx,
3 Westchester, as well as Brooklyn. And I think
4 it's important to recognize their contribution to
5 our fabric and culture here in New York State.
6 Also we have with us someone who I'm
7 represented in the New York State Assembly by,
8 Mark Gjonaj, who has the distinction of being the
9 first Albanian-American elected to any state
10 legislature in the United States.
11 So I welcome Prince Leka and
12 Princess Elia, and I hope you enjoy your visit.
13 And I want to thank you for not only everything
14 you've done in your jobs, but also for the
15 Albanian people and most of all the Albanian
16 people that actually now call the United States
17 their home.
18 Thank you very much.
19 ACTING PRESIDENT GALLIVAN:
20 Assemblyman Gjonaj, Prince, Princess, honorable
21 guests, please rise and be recognized once more.
22 Thank you for being here, for all
23 you do.
24 (Standing ovation.)
25 ACTING PRESIDENT GALLIVAN: And
2481
1 with great honor, we extend the privileges of the
2 Senate to all of you.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes, can we
5 now take up previously adopted Resolution 1842,
6 by Senator Croci, read the title only, and call
7 on the Senator to speak, please.
8 ACTING PRESIDENT GALLIVAN: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 1842, by Senator Croci,
12 honoring Lee Ann Brill upon the occasion of being
13 named 2017 Ms. New York Senior America.
14 ACTING PRESIDENT GALLIVAN: Senator
15 Croci.
16 SENATOR CROCI: Thank you,
17 Mr. President.
18 I'm very proud to have with us today
19 2017 Ms. New York Senior America, Ms. Lee Ann
20 Brill. With her is also Elisabeth Zamarelli, who
21 is the head of the Ms. New York Senior America
22 program.
23 This program recognizes
24 exceptionalism. And Ms. Brill, who has been
25 recognized this year as Ms. New York Senior
2482
1 America, is certainly that, not only in her
2 outward involvement in organizations at home, but
3 her willingness to give back to so many charities
4 by sharing her voice, as an accomplished singer,
5 and her great talents in the theater and in
6 music.
7 We're very pleased to be able to
8 have New Yorkers of this caliber in our state,
9 and I am very proud that Ms. Lee Ann Brill hails
10 from a little town called Ronkonkoma, New York,
11 which happens to be in the Third Senate district.
12 So, Mr. President, it is with great
13 pride that I introduce her to the house, and
14 congratulations on being named 2017 Ms. New York
15 Senior America.
16 Thank you.
17 ACTING PRESIDENT GALLIVAN: I would
18 ask Ms. New York Senior America, Lee Ann Brill,
19 to rise along with your guest, Elisabeth
20 Zamarelli, and be recognized by our members.
21 Welcome.
22 (Standing ovation.)
23 ACTING PRESIDENT GALLIVAN: Senator
24 DeFrancisco.
25 SENATOR DeFRANCISCO: Yes, can we
2483
1 now take up previously adopted Resolution 1197,
2 by Senator O'Mara, read it in its entirety, and
3 call on Senator O'Mara.
4 ACTING PRESIDENT GALLIVAN: The
5 Secretary will read.
6 THE SECRETARY: Legislative
7 Resolution Number 1197, by Senator O'Mara,
8 congratulating the Watkins Glen Girls Basketball
9 Team and Coach Alicia Learn upon the occasion of
10 winning the 2017 Public High School Athletic
11 Association Class C Girls Basketball State Final
12 Championship.
13 "WHEREAS, Individual and team
14 championships are highly sought after in high
15 school sports; this Legislative Body commends
16 rare athletic achievements and pays special
17 recognition to those who pursue such excellence
18 and become examples for the youth of this great
19 Empire State; and
20 "WHEREAS, Athletic competition helps
21 to enhance both the moral and physical
22 development of young athletes, preparing them for
23 the future by instilling in them the importance
24 of teamwork, encouraging a standard of healthy
25 living, and developing a sense of fair play and
2484
1 competition; and
2 "WHEREAS, This Legislative Body is
3 justly proud to congratulate the Watkins Glen
4 Girls Basketball Team and Coach Alicia Learn upon
5 the occasion of winning the 2017 New York State
6 Public High School Athletic Association Class C
7 Girls Basketball State Final Championship; to
8 the praise and applause of their excited fans,
9 the Senecas defeated Port Jefferson High School
10 in an exciting 65-to-63 victory to win the
11 championship; and
12 "WHEREAS, Proudly donning the
13 school's colors of navy blue and maroon, family,
14 friends, and the community at large loyally and
15 enthusiastically supported the Senecas throughout
16 their journey as they ended their season with an
17 impressive 22-2 overall record; and
18 "WHEREAS, In a sport such as
19 basketball, which demands athletic prowess,
20 speed and agility, Head Coach Alicia Learn and
21 her skilled coaching staff worked hard to hone
22 the skills of this championship team, teaching
23 these outstanding athletes lessons which will
24 prove invaluable both on and off the court; and
25 "WHEREAS, Coach Alicia Learn and all
2485
1 of the outstanding athletes on the Watkins Glen
2 High School Girls Basketball Team have clearly
3 utilized dedication, determination and teamwork
4 in providing a lasting contribution to the spirit
5 of excellence which is a tradition of their
6 school; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to congratulate
9 the members of the Watkins Glen High School Girls
10 Basketball Team: Ryanna LaMoreaux, Hannah Morse,
11 Makenna Fraboni, Clara Chedzoy, Amanda Pike,
12 Katlyn Kernan, Emilia Bond, Taylor Kelly, Mariah
13 Gonzalez, Julia Reilly, Mikenna Ayers, Kendra
14 Larson and Jazmin Shea; Head Coach Alicia Learn;
15 Assistant Coaches Scott Morse and Harold Chaffee;
16 and Strength Trainer Ralph Diliberto on their
17 outstanding season and overall team record; and
18 be it further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted to
21 the members of the Watkins Glen Senecas High
22 School Girls Basketball Team; Head Coach Alicia
23 Learn; Assistant Coaches Scott Morse and Harold
24 Chaffee; and Strength Trainer Ralph Diliberto."
25 ACTING PRESIDENT GALLIVAN: Senator
2486
1 O'Mara.
2 SENATOR O'MARA: Thank you,
3 Mr. President.
4 It's been a great pleasure today to
5 host the Watkins Glen High School Girls
6 Basketball Senecas, the 2017 Class C Champion
7 Basketball Team of the state this year.
8 Would you all please rise so we can
9 recognize you. It's been a privilege to have you
10 wonderful young women here today with your
11 coaches. This is the Watkins Glen Girls
12 Basketball Team's first ever statewide
13 championship, and we're glad to have you here to
14 recognize you and help celebrate the victory
15 today.
16 And the victory was not easy. In
17 their final game, with about only five minutes to
18 go, they were down by 16 points and struggled to
19 come from behind. And as we were replaying the
20 game at a reception earlier today, there wasn't
21 much interest in the first three and a half
22 quarters of the game, but they all gathered
23 around the TV to watch the final few minutes as
24 the comeback came on.
25 While I was not able to be at the
2487
1 game live, I was following it live on Twitter,
2 and it didn't look good there for a while. So it
3 was a heck of a comeback.
4 In addition to the players and
5 coaches that were named in the resolution that
6 was read, we're also joined today by the athletic
7 director, Rod Weeden, and Watkins Glen High
8 School Superintendent Tommy Phillips. Thank you
9 for joining the team with us here today.
10 You have made your school, your
11 family, your friends, your community and the
12 entire region very proud of your accomplishments
13 here.
14 This is a school at the south end of
15 Seneca Lake in the Finger Lakes region, the
16 beautiful wine country of New York, a county of
17 only 18,000 residents, a graduating class of only
18 about 80 students each year. And on this
19 basketball team, there are only two seniors on
20 the team this year, so we expect to have you back
21 here again next year for your second-ever state
22 championship.
23 So it is with great pride that I
24 stand here today. And, Mr. President, if you
25 would join with me and the members of the Senate
2488
1 in welcoming and congratulating the Watkins Glen
2 Lady Senecas Basketball Team. Congratulations.
3 (Standing ovation.)
4 ACTING PRESIDENT GALLIVAN:
5 Congratulations, girls. We'll see you next year.
6 (Laughter.)
7 ACTING PRESIDENT GALLIVAN: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, can you
10 take up Resolution 2021, title only, by Senator
11 Little, and call on Senator Little to speak.
12 ACTING PRESIDENT GALLIVAN: The
13 Secretary will read.
14 THE SECRETARY: Legislative
15 Resolution Number 2021, by Senator Little,
16 memorializing Governor Andrew M. Cuomo to
17 proclaim May 7-14, 2017, as Fibromyalgia
18 Awareness Week in the State of New York.
19 ACTING PRESIDENT GALLIVAN: Senator
20 Little.
21 SENATOR LITTLE: Thank you,
22 Mr. President.
23 Once again we are having this
24 resolution to have a week where we raise
25 awareness of fibromyalgia.
2489
1 Fibromyalgia is a disease that on
2 average takes about five years to be diagnosed.
3 About 10 million people in this country have
4 fibromyalgia. Usually the majority are women,
5 although men and children are also being affected
6 by it, even calling for a focus on pediatric
7 fibromyalgia.
8 There are many varieties of symptoms
9 that people have. It's a chronic disease. It is
10 not known to be curable. And it is something
11 that we continue to try to not only raise
12 awareness but to provide more education for
13 doctors in regard to treating fibromyalgia, and
14 to certainly find better treatments as we go
15 along.
16 We are joined today by three people
17 from the Fibromyalgia Task Force: Dr. Sue Shipe,
18 founder and chair; Mr. Joe Hazen; and Mr. Brian
19 Hart, who is a member. Joe Hazen is a board
20 member as well.
21 And we also want to recognize the
22 first person who founded a fibromyalgia support
23 group, which meets at St. Peter's Hospital and is
24 still meeting after all these years, and that
25 leader was Agnes Welch. She has had a support
2490
1 group for fibromyalgia for 36 years. And
2 although she is not able to be here today, we
3 want to recognize her for all the work that she
4 has done.
5 But we thank you for supporting this
6 resolution today in the Senate chamber, and we
7 really thank you for all that you have done to
8 make people more aware and to help people who do
9 have fibromyalgia.
10 So thank you.
11 ACTING PRESIDENT GALLIVAN: The
12 question is on the resolution. All in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GALLIVAN:
16 Opposed, nay.
17 (No response.)
18 ACTING PRESIDENT GALLIVAN: The
19 resolution is adopted.
20 We welcome our guests. Thank you
21 for what you do.
22 (Applause.)
23 ACTING PRESIDENT GALLIVAN: Senator
24 DeFrancisco.
25 SENATOR DeFRANCISCO: Yes, can we
2491
1 now take up previously adopted Resolution 1669,
2 by Senator Kennedy, read the title only, and call
3 on the Senator to speak.
4 ACTING PRESIDENT GALLIVAN: The
5 Secretary will read.
6 THE SECRETARY: Legislative
7 Resolution Number 1669, by Senator Kennedy,
8 memorializing Governor Andrew M. Cuomo to
9 proclaim May 6-12, 2017, as Nurses Week in the
10 State of New York.
11 ACTING PRESIDENT GALLIVAN: Senator
12 Kennedy.
13 SENATOR KENNEDY: Thank you,
14 Mr. President. I rise to today to honor National
15 Nurses Week 2017.
16 There's nearly 2.9 million
17 registered nurses in the United States, making
18 nursing the largest healthcare profession in the
19 nation. In New York State alone, there are
20 234,000 registered professional nurses, 65,000
21 licensed practical nurses, and over 19,000 nurse
22 practitioners.
23 I grew up learning firsthand the
24 impact a nurse can have on our community and on
25 one's family. I am the grandson of a lifelong
2492
1 nurse, DeChantel O'Brien Kennedy, who worked in
2 labor and delivery at South Buffalo Mercy
3 Hospital and Our Lady of Victory Hospital.
4 I am also the son of a nurse. My
5 mother, Mary Kennedy, worked at South Buffalo
6 Mercy Hospital, Millard Fillmore Hospital and
7 others before spending nearly 30 years working at
8 Buffalo General Hospital. And she hasn't slowed
9 down now. She's now at D'Youville College, where
10 she teaches nursing to this day.
11 Because that's how it works -- once
12 you're in the business of helping people, you
13 never stop. I often tell people that that's what
14 drew me to public service, the ability to help
15 others.
16 Prior to joining the Senate, I
17 worked as an occupational therapist, helping
18 children and the elderly recover from
19 debilitating accidents and severe developmental
20 struggles. And each and every day I saw
21 firsthand how critically important nurses are on
22 the front lines, helping people on what is often
23 the worst day of their lives.
24 Nursing is one of the most
25 physically demanding jobs out there: the heavy
2493
1 lifting, the running to patients in need, the
2 split-second decision-making. We expect a lot
3 out of our nurses. Time and time again, their
4 work successfully leads to improved health
5 outcomes and lives saved.
6 Not only is nursing an extremely
7 difficult and demanding job, but it's
8 unfortunately all too often a thankless job. So
9 to the dedicated nurses here today advocating for
10 safe staffing and quality care, we say thank you.
11 We could use more people in this line of business
12 whose true passion is helping others. Thank you
13 for your continued advocacy and dedication in
14 supporting patients around our state.
15 In closing, I would like to
16 recognize some of the special guests who traveled
17 all the way from Buffalo to be here with us today
18 in the gallery.
19 To current CWA 1133 President Deb
20 Arnet, Vice President Kathy Kelly, Past
21 Presidents Peggy Chadwick-Ledwon and Terri
22 Legierski, CWA 1168 President Cory Gambini, and
23 Tom Roulley from CWA 1122, along with many
24 members of CWA 1168, 1133, 1122, and 1126, and
25 our friend and Buffalo Regional Director Deb
2494
1 Hayes, we say thank you for all that you do for
2 our community and our great state.
3 Again, to all of the nurses, we
4 thank them for their tireless work and advocacy
5 each and every day on behalf of us, our families,
6 and our respective communities. Nurses are truly
7 making a difference in all of our lives. Our
8 communities, our state, and our great nation owe
9 nurses a debt of gratitude for all they do for
10 all of us each and every day.
11 Thank you, Mr. President.
12 ACTING PRESIDENT GALLIVAN: Senator
13 Alcantara.
14 SENATOR ALCANTARA: Thank you.
15 I want to congratulate all the
16 nurses that are celebrating today Nurses Week.
17 The last three years of my life I
18 spent as an organizer with the New York State
19 Nurses Association, organizing nurses around
20 issues of patient care, safe staffing, and
21 allocating monies to hospitals in poor
22 communities.
23 It's a great opportunity. Like my
24 fellow Senator Tim Kennedy stated, nurses do a
25 thankless job, oftentimes working long hours far
2495
1 away from their homes, doing a job that not a lot
2 of people want to do.
3 But today is a day that we want to
4 celebrate the great work that the nurses do,
5 specifically my old union, the New York State
6 Nurses Association, and any other union member
7 nurse that is here. We hope that this is an
8 opportunity that the nurses -- a lot of the
9 nurses, there are like a thousand nurses here
10 today in the Capitol. I hope that they have an
11 opportunity to talk to all of us on the
12 importance of safe staffing and what that would
13 do to patient care and to decrease the amount of
14 time that patients spend in the hospital.
15 Thank you.
16 ACTING PRESIDENT GALLIVAN: Senator
17 Parker.
18 SENATOR PARKER: Thank you,
19 Mr. President. On the resolution.
20 First let me thank Senator Kennedy
21 for bringing this important resolution to the
22 floor, remembering and honoring the nurses in the
23 great State of New York.
24 As you know, this is Nurse
25 Appreciation Week, and so I want to first
2496
1 encourage all of us to visit facilities, whether
2 they're hospitals or rehab centers or nursing
3 homes, and say thank you to a nurse.
4 There are two kinds of people in the
5 State of New York, Mr. President. There are
6 people who are sick, and there are people who are
7 going to be sick. And there are people who are
8 either not under the care of a nurse or at some
9 point will be under the care of a nurse. And so
10 we want to just thank them for what they do every
11 day.
12 I want to definitely associate
13 myself with the comments of Senator Kennedy. I
14 think that he laid it out correctly. Let me say
15 thank you to his grandmother and mother for all
16 the important work that they've done. And we're
17 not going to hold it against them that he's
18 here -- no, I'm just --
19 (Laughter.)
20 SENATOR PARKER: Nurses are saints
21 but not perfect, so --
22 (Laughter.)
23 SENATOR PARKER: No, but we want to
24 thank all the nurses for all the important work
25 that they do.
2497
1 And I think that this is, as you
2 heard Senator Alcantara talk about, an important
3 time not just to give lip service to nurses, but
4 to really do something in this body. We have
5 legislation that has been pending around issues
6 of safe staffing for nurses.
7 I've had a bill that I've been
8 carrying for probably 10 years or so, Senate Bill
9 2289. I know Senator Hannon has a version of the
10 bill. And I want to urge Senator Hannon, as the
11 chair of the Health Committee, to bring that bill
12 through his committee quickly and to the floor,
13 and let's get a vote this year. In the 19 days
14 that we have left before session ends, let's do
15 something for real for nurses and show them that
16 we really appreciate them.
17 Thank you.
18 ACTING PRESIDENT GALLIVAN: Senator
19 Bailey.
20 SENATOR BAILEY: Thank you,
21 Mr. President. On the resolution.
22 I will be very brief, but I would be
23 remiss if I did not recognize the
24 accomplishments, in like kind of Senator Kennedy,
25 of my grandmother, Lena Belle Bailey, who served
2498
1 as a nurse since 1962. She was an LPN, got
2 licensed in North Carolina, and decided that she
3 wanted to improve upon that skill, so she came to
4 New York, become licensed as an RN in 1978, where
5 she served dutifully at New York Hospital where I
6 was born. I wonder if there was some sort of
7 discount there.
8 But in any event, my grandmother
9 showed me what it was to care for people with
10 compassion. She would tell me stories about no
11 matter how much money you had, at the end of the
12 day, there was a nurse, the nurse would care for
13 you. Some very-well-off people would be in that
14 hospital, and their families would not come visit
15 them, and my grandmother was there by their side,
16 until their final day sometimes.
17 So as Senators Kennedy, Alcantara
18 and Parker have all said, let's stop giving lip
19 service to our nurses and start delivering for
20 them, because many of them helped to deliver us.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GALLIVAN: Would
23 everybody join me in welcoming our friends the
24 nurses from Western New York and nurses from
25 across the state, and thank them for what they
2499
1 do.
2 (Standing ovation.)
3 ACTING PRESIDENT GALLIVAN: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Can we now
6 take up two previously adopted resolutions by
7 Senator Serino, 1772 and 1773, read the titles
8 only on both, and then recognize Senator Serino.
9 ACTING PRESIDENT GALLIVAN: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 1772, by Senator Serino,
13 memorializing Governor Andrew M. Cuomo to
14 proclaim May 9, 2017, as Older New Yorkers Day in
15 the State of New York.
16 Legislative Resolution Number 1773,
17 by Senator Serino, honoring Edward Hallisey upon
18 the occasion of his designation for special
19 recognition by the New York State Office for the
20 Aging on May 9, 2017.
21 ACTING PRESIDENT GALLIVAN: Senator
22 Serino.
23 SENATOR SERINO: Thank you,
24 Mr. President.
25 The day that I was named chair of
2500
1 the Aging Committee, my son Anthony said to me,
2 "You know, Mom, it's your destiny. 'Senior' and
3 'Serino' have the same letters." And I truly
4 believe that. So it is such an honor.
5 So I am thrilled to be able to put
6 the spotlight on our seniors today by recognizing
7 May 9th as Older New Yorkers Day.
8 Earlier today I had the pleasure of
9 joining some incredible seniors from across the
10 state at a luncheon at the Event Center, each of
11 whom were honored for their selfless dedication
12 to service and volunteerism. This year's group
13 included distinguished veterans, first
14 responders, healthcare professionals, educators,
15 pioneers in business and technology, an actor and
16 stuntman, and even a professional boxing referee.
17 Wow, what a group. It's clear that
18 these New Yorkers have spent their lives building
19 and shaping the communities we know and love, and
20 they continue to leave their marks by inspiring
21 all of us who have the pleasure of learning from
22 them.
23 Today we thank them for their
24 continued contributions, and we honor them for
25 all they have done and continue to do to move our
2501
1 state forward.
2 I want to take just a minute today
3 to honor one of these seniors in particular,
4 Mr. Ed Hallisey. Ed, stand up and give us a
5 wave.
6 Hailing from Kent in Putnam County,
7 Mr. Hallisey has been called the ultimate
8 volunteer. A Navy veteran, Mr. Hallisey has been
9 a member of the Lake Carmel Fire Department for a
10 whopping 52 years. At 80 years young, he's also
11 a member of the Putnam County Fire Police
12 Response Team and has been an active volunteer in
13 the community for decades -- although I am told
14 that it's his latest venture that people have
15 been really excited about.
16 I understand that Mr. Hallisey has
17 recently taken up baking, and not just puttering
18 around in the kitchen like most of us do. He
19 actually recently received training at the
20 Culinary Institute of America and has utilized
21 his skills to bake over 400 desserts for a recent
22 senior picnic.
23 He truly does it all, and we are
24 grateful to call him a neighbor. Today I am not
25 only honored, I am humbled to recognize him as
2502
1 the recipient of the Senate's Outstanding
2 Contribution by an Older New Yorker Award.
3 On behalf of the New York State
4 Senate, and as chair of the Aging Committee, I
5 thank Mr. Hallisey and all of those who are
6 honored here today for reminding us that there is
7 no age limit on giving back to our communities.
8 Thank you.
9 ACTING PRESIDENT GALLIVAN: If we
10 could all welcome and congratulate Mr. Hallisey
11 for being here today. Thank you.
12 (Standing ovation.)
13 ACTING PRESIDENT GALLIVAN: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Each of the
16 resolutions that we talked about thus far are
17 open for cosponsorship. And if you want to
18 cosponsor, please notify the desk.
19 ACTING PRESIDENT GALLIVAN: Anyone
20 who wishes to cosponsor any of the resolutions,
21 please notify the desk.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Okay, now
24 we're going to take a break and go into the
25 noncontroversial reading of the calendar.
2503
1 ACTING PRESIDENT GALLIVAN: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 473, by Senator Akshar, Senate Print 4475, an act
5 to amend the Highway Law.
6 ACTING PRESIDENT GALLIVAN: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GALLIVAN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GALLIVAN:
14 Announce the result.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT GALLIVAN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 536, by Senator Ritchie, Senate Print 1914, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT GALLIVAN: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GALLIVAN: Call
2504
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GALLIVAN:
4 Announce the result.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GALLIVAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 537, by Senator Gallivan, Senate Print 1980, an
10 act to amend the Highway Law.
11 ACTING PRESIDENT GALLIVAN: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GALLIVAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GALLIVAN:
19 Announce the result.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT GALLIVAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 542, by Senator Robach, Senate Print 5395, an act
25 to amend the Vehicle and Traffic Law.
2505
1 ACTING PRESIDENT GALLIVAN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first of November.
5 ACTING PRESIDENT GALLIVAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GALLIVAN:
9 Announce the result.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT GALLIVAN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 543, by Senator Golden, Senate Print 33, an act
15 to amend the Social Services Law.
16 ACTING PRESIDENT GALLIVAN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GALLIVAN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GALLIVAN:
24 Announce the result.
25 THE SECRETARY: In relation to
2506
1 Calendar 543, those recorded in the negative are
2 Senators Comrie, Dilan, Montgomery, Parker and
3 Persaud.
4 Ayes, 57. Nays, 5.
5 ACTING PRESIDENT GALLIVAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 577, by Senator Croci, Senate Print 5200, an act
9 to amend Chapter 212 of the Laws of 2016.
10 ACTING PRESIDENT GALLIVAN: There
11 is a home-rule message at the desk.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GALLIVAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GALLIVAN:
20 Announce the result.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GALLIVAN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 582, by Senator Marchione, Senate Print 5383, an
2507
1 act to amend Chapter 581 of the Laws of 2005.
2 ACTING PRESIDENT GALLIVAN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GALLIVAN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GALLIVAN:
10 Announce the result.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GALLIVAN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 602, by Senator Young, Senate Print 555, an act
16 to amend the Executive Law.
17 ACTING PRESIDENT GALLIVAN: Read
18 the last section.
19 THE SECRETARY: Section 16. This
20 act shall take effect on the first of January.
21 ACTING PRESIDENT GALLIVAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GALLIVAN:
25 Announce the result.
2508
1 THE SECRETARY: In relation to
2 Calendar 602, those recorded in the negative are
3 Senators Dilan, Krueger, Montgomery, Parker and
4 Persaud.
5 Ayes, 57. Nays, 5.
6 ACTING PRESIDENT GALLIVAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 652, by Senator Akshar, Senate Print 1114A, an
10 act to amend the Penal Law.
11 ACTING PRESIDENT GALLIVAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GALLIVAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GALLIVAN: Senator
19 Akshar to explain his vote.
20 SENATOR AKSHAR: Mr. President,
21 thank you. To explain my vote.
22 I think it's incredibly fitting that
23 we're taking up this bill today, on Police
24 Officers Memorial Day.
25 The bill is very simple. It aims to
2509
1 protect those that protect us. What we're saying
2 in this bill is that if you specifically target a
3 man or a woman in uniform, we're simply going to
4 hold you accountable for that.
5 There's no doubt in my mind that
6 every member of this chamber has a deep
7 admiration and appreciation for our first
8 responders. An attack on the men and women in
9 uniform is an attack on all New Yorkers. This
10 bill, simply put, is about supporting our
11 community heroes. My suggestion to all of you is
12 that we not sit silent while they are being
13 selfless, 24 hours a day, seven days a week.
14 We talk a lot in this house about
15 being progressive, and we talk about being
16 leaders. So my suggestion is that we lead. And
17 regardless of your political persuasion,
18 regardless of what side of the aisle you sit on,
19 I'm urging and encouraging everybody in this
20 house to support this particular bill.
21 Mr. President, I vote aye.
22 ACTING PRESIDENT GALLIVAN: Senator
23 Akshar in the affirmative.
24 Senator Hoylman to explain his vote.
25 SENATOR HOYLMAN: Thank you,
2510
1 Mr. President.
2 I wanted to thank my colleague for
3 introducing this legislation.
4 I do want to express some
5 reservations about it, although I'll be voting
6 for the bill. I'm concerned that by adding
7 uniformed officers to the list of protected
8 classes under our state hate crimes law, that we
9 are in effect distorting the original purpose of
10 the legislation, which is to protect people who
11 are victimized because of some immutable
12 characteristic, like their racial background,
13 their religion, their sexual orientation or their
14 gender.
15 Unlike those qualities, there's
16 really no confusion -- or should be no
17 confusion -- about the fact that crimes against
18 law enforcement should be handled seriously.
19 I'd also like to note that the
20 Anti-Defamation League, among other groups, are
21 concerned about watering down our hate crimes
22 legislation by adding uniformed officers.
23 That said, I'll be voting in the
24 affirmative in support of our first responders.
25 Thank you, Mr. President.
2511
1 ACTING PRESIDENT GALLIVAN: Senator
2 Hoylman to be recorded in the affirmative.
3 Senator Phillips to explain her
4 vote.
5 SENATOR PHILLIPS: Thank you,
6 Mr. President.
7 I rise to commend my colleague
8 Senator Akshar for introducing the measure before
9 us, the Community Heroes Protection Act.
10 Earlier this afternoon I attended
11 the New York State Police Officers Memorial and
12 was reminded of the true dedication and ultimate
13 sacrifice our law enforcement officers and first
14 responders make each and every day protecting our
15 families and our communities.
16 Now more than ever, it seems that
17 our first responders are being targeted simply
18 because of their uniform. These despicable
19 assaults against our law enforcement,
20 firefighters, EMS and emergency personnel need to
21 end.
22 By enacting this legislation, we're
23 sending a clear message that we will not tolerate
24 attacks against the brave and selfless men and
25 women who risk their lives to protect our
2512
1 community.
2 I am proud to be a cosponsor of this
3 bill and vote in the affirmative.
4 Thank you.
5 ACTING PRESIDENT GALLIVAN: Senator
6 Phillips to be recorded in the affirmative.
7 Senator Golden.
8 SENATOR GOLDEN: Thank you,
9 Mr. President.
10 I too rise in support of this great
11 legislation. Our officers are too frequently
12 targets of assassins, targets of domestic
13 violence, targets of a whole host of different
14 elements of crime that go on throughout our city
15 and throughout our state.
16 And they're not the only ones.
17 Years ago, they were the only ones attacked, were
18 the police department. Today, fire departments
19 and our EMTs and our correction officers are also
20 attacked on a regular basis. Corrections used to
21 get beat up pretty good too years ago. But today
22 it's still pretty serious of what's going on
23 around our city and state.
24 Randolph Holder, gunned down.
25 Officers Liu and Ramos shot down and assassinated
2513
1 in New York City. These are names not from five
2 years ago or four years ago; we're talking about
3 last year and the year before. And we're talking
4 about officers that are being slashed and
5 attacked. And same thing with our EMTs being
6 thrown downstairs and through plate glass
7 windows. We're talking about our fire department
8 having garbage cans thrown on top of their trucks
9 as they're driving to a fire to protect the
10 people that live in our great communities.
11 So it's important, ladies and
12 gentlemen, that we have a bill like this. And I
13 applaud you, Senator Akshar, for the great work
14 that you're doing here in giving us the ability
15 to put real legislation forward. Thank you, and
16 God bless this great conference and God bless
17 this great city and state.
18 Thank you.
19 ACTING PRESIDENT GALLIVAN: Senator
20 Golden to be recorded in the affirmative.
21 Senator Kaminsky to explain his
22 vote.
23 SENATOR KAMINSKY: I just want to
24 thank Senator Akshar for introducing this bill.
25 When I talk to uniform personnel of
2514
1 all stripes, I hear more than ever that they feel
2 alone and isolated when they go out there to do
3 their jobs. And it's about time that they know
4 that Albany has their back. And for all they do
5 for us, the sacrifices they make every day for
6 us, the least we can do is know that we're there
7 with them.
8 I vote in the affirmative. Thank
9 you.
10 ACTING PRESIDENT GALLIVAN: Senator
11 Kaminsky to be recorded in the affirmative.
12 Announce the result.
13 THE SECRETARY: In relation to
14 Calendar Number 652, those recorded in the
15 negative are Senators Bailey, Dilan, Hamilton,
16 Krueger, Montgomery, Parker and Peralta. Also
17 Senator Rivera.
18 Ayes, 54. Nays, 8.
19 ACTING PRESIDENT GALLIVAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 664, by Senator Funke, Senate Print 2178, an act
23 to amend the Correction Law.
24 ACTING PRESIDENT GALLIVAN: Read
25 the last section.
2515
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GALLIVAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GALLIVAN: Senator
7 Krueger to explain her vote.
8 SENATOR KRUEGER: Thank you very
9 much.
10 I know that the intention of this
11 bill is to give local governments the flexibility
12 they believe they had at one time and then it was
13 overruled by the courts.
14 The reason why I think that this is
15 a mistake is people believe that somehow they
16 will keep themselves safer if they define larger
17 and larger areas where sex offenders cannot live.
18 But in reality, when we take all territory off
19 the table, what we have found in other states is
20 that sex offenders simply move off the grid --
21 because they still need to live somewhere in the
22 state -- and we end up making it more difficult
23 for law enforcement to keep track of them and to
24 keep us safe, because we then don't know exactly
25 where they are.
2516
1 Now, one might argue that this kind
2 of bill can translate into all sex offenders
3 ending up in the most rural geographic areas of
4 the State of New York because there is such an
5 enormous amount of distance between any location.
6 But I don't actually think that's what the
7 localities or the people of the State of New York
8 intended either, to have all sex offenders either
9 in the most rural counties of the state, nor to
10 move off the grid so that we cannot be tracking
11 them and holding them accountable under the law
12 as we do now with sex offenders.
13 So I'm voting no. I respect that
14 people think this somehow keeps their communities
15 and neighborhoods safer, but it in fact would
16 likely do just the opposite, as has been seen in
17 some other states who went down this road. I
18 vote no, Mr. President.
19 ACTING PRESIDENT GALLIVAN: Senator
20 Krueger to be recorded in the negative.
21 Senator Hoylman to explain his vote.
22 SENATOR HOYLMAN: Thank you.
23 And thank you to my colleague
24 Senator Krueger for her comments.
25 I'll be voting in the negative. In
2517
1 addition, I wish to point out to my colleagues
2 that we do have legislation which I hope is
3 considered before the end of our session called
4 the Child Victims Act.
5 Unfortunately, this bill was brought
6 to the Judiciary Committee for a motion of
7 consideration and, breaking the Senate rules, it
8 was sent to another committee without a vote, in
9 complete violation of our own Senate rules.
10 In addition, I had requested, with
11 the requisite number of signatures, a public
12 hearing on this legislation. That too was
13 completely disregarded by this body. And I'm
14 just very, very distressed that this Senate does
15 not abide by its own rules.
16 And I'll also add that today
17 advocates for the survivors of child sexual abuse
18 were here in Albany. I hope they met with many
19 of your offices.
20 A woman came up to me after our
21 event today, and she said, "What can we do about
22 the fact that my son's abuser walks the streets
23 of my village? My son cannot file a claim to
24 identify this individual because the statute of
25 limitations has passed." He was barred from
2518
1 filing a claim because he waited until after the
2 age of 23 to do so.
3 So we need to fix that statute of
4 limitations. We can fix these laws. We can
5 provide relief to this woman and her son in
6 New York.
7 Thank you. I'll be voting in the
8 negative.
9 ACTING PRESIDENT GALLIVAN: Senator
10 Hoylman to be recorded in the negative.
11 Announce the result.
12 THE SECRETARY: In relation to
13 Calendar 664, those recorded --
14 ACTING PRESIDENT GALLIVAN: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Yes, I'd -- I
17 vote in the affirmative. And I just would like
18 to say that there's also a Senate rule that
19 you're supposed to -- in explaining your vote,
20 you're supposed to be explaining your vote about
21 the bill that is being voted on.
22 So it would be incumbent on all of
23 us to follow the rules.
24 Thank you.
25 ACTING PRESIDENT GALLIVAN: So
2519
1 noted. All members please endeavor to follow the
2 rules of the Senate.
3 Announce the result.
4 THE SECRETARY: In relation to
5 Calendar 664, those recorded in the negative are
6 Senators Dilan, Hoylman, Krueger, Montgomery,
7 Parker, Rivera and Sanders.
8 Ayes, 55. Nays, 7.
9 ACTING PRESIDENT GALLIVAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 688, by Senator Golden, Senate Print 4622, an act
13 to amend the Retirement and Social Security Law.
14 ACTING PRESIDENT GALLIVAN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GALLIVAN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GALLIVAN:
22 Announce the result.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT GALLIVAN: The
25 bill is passed.
2520
1 THE SECRETARY: Calendar Number
2 690, by Senator Peralta, Senate Print 355, an act
3 to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT GALLIVAN: Read
5 the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect on the first of January.
8 ACTING PRESIDENT GALLIVAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GALLIVAN:
12 Announce the result.
13 THE SECRETARY: In relation to
14 Calendar 690, those recorded in the negative are
15 Senators Croci, Murphy and Ranzenhofer. Also
16 Senator Akshar.
17 Ayes, 58. Nays, 4.
18 ACTING PRESIDENT GALLIVAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 693, by Senator Carlucci, Senate Print 1158, an
22 act to amend the Highway Law.
23 ACTING PRESIDENT GALLIVAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
2521
1 act shall take effect immediately.
2 ACTING PRESIDENT GALLIVAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GALLIVAN: Senator
6 Carlucci to explain his vote.
7 SENATOR CARLUCCI: Thank you,
8 Mr. President.
9 This legislation before us would
10 rename part of our Thruway system where 87 and
11 287 meet. It would change it to the Thurgood
12 Marshall Interchange.
13 And this is extremely important
14 because we have history where Thurgood Marshall,
15 before he became a Supreme Court justice, when he
16 was the lead lawyer for the NAACP, he actually
17 tried his first desegregation case in the Village
18 of Hillburn, which is in the Town of Ramapo in
19 Rockland County, right here in New York State.
20 And we would be honored to have the
21 Thurgood Marshall Interchange right there as
22 you're driving on the Thruway, to recognize the
23 history that took place in this community.
24 And this is where he really built
25 upon his success. So for his lifetime of
2522
1 achievement, for the successes he's made for our
2 state and our nation, it's extremely fitting that
3 we rename this interchange the Thurgood Marshall
4 Interchange.
5 So I want to thank my colleagues for
6 supporting this legislation, and hopefully soon
7 you'll drive by and see that name, the Thurgood
8 Marshall Interchange, rightfully so to be named
9 that.
10 So, Mr. President, I'll be
11 supporting this legislation. I want to thank my
12 colleagues for doing the same. Thank you.
13 ACTING PRESIDENT GALLIVAN: Senator
14 Carlucci to be recorded in the affirmative.
15 Announce the result.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT GALLIVAN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 703, by Senator Boyle, Senate Print 3944A, an act
21 to amend the Highway Law.
22 ACTING PRESIDENT GALLIVAN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2523
1 ACTING PRESIDENT GALLIVAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GALLIVAN: Senator
5 Boyle to explain his vote.
6 SENATOR BOYLE: Thank you,
7 Mr. President, to explain my vote.
8 This bill would name a bridge over
9 Sunrise Highway in honor of Specialist Matthew
10 Baylis. Matthew was a member of the
11 2nd Battalion, 12th Infantry Regiment, 2nd
12 Brigade Combat Team, 2nd Infantry Division, from
13 Fort Carson, Colorado.
14 Matthew was known for being
15 extremely respectful. He was also the life of
16 the party. He had an infectious laugh and a big
17 smile. He always came to the defense of the
18 underdog.
19 Matthew grew up in Oakdale,
20 New York, and wanted to join the Army from the
21 age of 12. The September 11th attacks solidified
22 his decision. Matt joined the Army in his last
23 year of high school and departed for Fort
24 Benning, Georgia, in August of 2005. Matt
25 excelled in combat training and was sent to Iraq
2524
1 in 2006. He was involved in a number of
2 firefights and quickly gained the respect of his
3 fellow soldiers.
4 On May 31, 2007, Specialist Baylis
5 was tragically killed in action in Baghdad, Iraq.
6 His heroic actions saved the lives of many
7 members of his platoon. Specialist Matthew
8 Baylis is an American hero, and this bridge will
9 honor him by naming the bridge in his hometown in
10 his honor.
11 Thank you. I vote in the
12 affirmative.
13 ACTING PRESIDENT GALLIVAN: Senator
14 Boyle to be recorded in the affirmative.
15 Announce the result.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT GALLIVAN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 760, substituted earlier by Member of the
21 Assembly Buchwald, Assembly Print 2930, an act to
22 amend the Tax Law.
23 ACTING PRESIDENT GALLIVAN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
2525
1 act shall take effect immediately.
2 ACTING PRESIDENT GALLIVAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GALLIVAN: Senator
6 Latimer to explain his vote.
7 SENATOR LATIMER: Thank you,
8 Mr. President.
9 I want to thank my colleagues and
10 the leadership for bringing this bill to the
11 floor. It is a simple extension of a bill that
12 has been out there for many, many years. It is
13 before us today because the City of White Plains
14 has a different fiscal year rather than the
15 normal one, and by city charter and statute this
16 bill must pass in May in order for them to
17 properly do their budget.
18 So I appreciate the leadership
19 bringing this bill to a vote in a timely fashion,
20 and I will sit down and have my vote recorded in
21 the affirmative.
22 ACTING PRESIDENT GALLIVAN: Senator
23 Latimer to be recorded in the affirmative.
24 Announce the result.
25 THE SECRETARY: In relation to
2526
1 Calendar 760, those recorded in the negative are
2 Senators Brooks, Hamilton, Kaminsky and Tedisco.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT GALLIVAN: The
5 bill is passed.
6 That completes the noncontroversial
7 reading of the calendar.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: I'd like to
10 thank everyone for their cooperation to move this
11 along because of the ceremony at 5:30.
12 Let me just explain, now we're going
13 to have an immediate meeting of the Rules
14 Committee in Room 332, and then we'll come back
15 to finish the I think four or five remaining
16 resolutions.
17 ACTING PRESIDENT GALLIVAN: There
18 will be an immediate meeting of the Rules
19 Committee in Room 332 of the Capitol.
20 The Senate will stand at ease --
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: And if
23 everyone can go immediately from here to Rules,
24 that would keep this exceptionally efficient day
25 in sync. Thank you.
2527
1 ACTING PRESIDENT GALLIVAN: The
2 Senate will stand at ease.
3 (Whereupon, the Senate stood at ease
4 at 4:26 p.m.)
5 (Whereupon, the Senate reconvened at
6 4:35 p.m.)
7 ACTING PRESIDENT GALLIVAN: The
8 Senate will come to order.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Can we return
11 to reports of standing committees for the report
12 of the Rules Committee, please.
13 ACTING PRESIDENT GALLIVAN: Reports
14 of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Flanagan,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 2168, by Senator
20 Serino, an act to amend the Insurance Law;
21 Senate 2588, by Senator Serino, an
22 act to amend the Environmental Conservation Law;
23 Senate 2621, by Senator Serino, an
24 act to amend the Public Health Law;
25 Senate 5125A, by Senator Boyle, an
2528
1 act to amend the General Business Law;
2 Senate 5881, by Senator Alcantara,
3 an act to amend the Administrative Code of the
4 City of New York; and
5 Senate 5902, by Senator Helming, an
6 act to amend Part T of Chapter 57 of the Laws of
7 2017.
8 All bills reported direct to third
9 reading.
10 SENATOR DeFRANCISCO: Move to
11 accept the report of the Rules Committee.
12 ACTING PRESIDENT GALLIVAN: All in
13 favor of accepting the report of the
14 Rules Committee signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GALLIVAN:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT GALLIVAN: The
20 report is accepted.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: We're going
23 to just take up one bill off that Rules Committee
24 report, and that is 809.
25 And we have a Supplemental
2529
1 Calendar 41A. On that, Calendar 809 by Senator
2 Helming, can you please take up that bill.
3 ACTING PRESIDENT GALLIVAN: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 809, by Senator Helming, Senate Print 5902, an
7 act to amend part T of Chapter 57 of the Laws of
8 2017.
9 ACTING PRESIDENT GALLIVAN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GALLIVAN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GALLIVAN: Senator
17 Helming to explain her vote.
18 SENATOR HELMING: Thank you,
19 Mr. President, for this opportunity to explain my
20 vote.
21 The combination of late spring
22 snowstorms and significant rain events have
23 resulted in the wettest March and April in
24 recorded history. Almost 10 inches of rain has
25 fallen during these months, the greatest amount
2530
1 since 1873.
2 Across our state, this
3 record-setting precipitation has contributed to
4 rising water levels in the canal system and the
5 streams, rivers and lakes.
6 Lake Ontario is just one example of
7 a water body that has seen an extreme increase in
8 lake level. Since January, the water has risen
9 43 inches. Those who monitor the lake level,
10 including the International Joint Commission, the
11 New York State DEC, and local municipalities, all
12 agree that the lake level will continue to rise
13 until sometime in June.
14 The damages from flooding along the
15 shores of Lake Ontario, in the Finger Lakes
16 region, and in many other areas of our state have
17 resulted in a number of emergency situations.
18 Communities impacted from flooding are working
19 hard to protect homes, small businesses and
20 infrastructure. In many instances the state has
21 stepped in and is providing nonfinancial support.
22 However, many of our towns and
23 villages are beginning to exhaust their limited
24 financial resources needed to deal with these
25 emergency situations. The recently enacted
2531
1 New York State budget includes $10 million in
2 emergency financial assistance for municipalities
3 dealing with wastewater or water infrastructure
4 issues that may cause an imminent hazard to
5 public welfare or the environment. If made
6 available to our communities, this money could
7 potentially provide much-needed relief and
8 protections.
9 However, under the current law, this
10 money is not available to our communities until
11 120 days from the date the budget was signed,
12 which is August 18th. The legislation before us
13 today removes the 120-day wait period and makes
14 this money available immediately.
15 It is important to note that this is
16 the only change proposed to the existing
17 legislation.
18 I thank my colleagues for joining me
19 in support of this bill, which will allow
20 municipalities access to this critical funding
21 immediately. Thank you.
22 ACTING PRESIDENT GALLIVAN:
23 Announce the result.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GALLIVAN: The
2532
1 bill is passed.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, would
4 you please call on Senator Gianaris for a point
5 of order.
6 ACTING PRESIDENT GALLIVAN: Senator
7 Gianaris.
8 SENATOR GIANARIS: Thank you,
9 Mr. President. A point of order.
10 Before the Rules Committee was
11 called, there was a conversation about whether
12 one of the colleagues in my conference was not on
13 subject, not germane to the bill he was
14 discussing.
15 First of all, his comments were
16 completely germane. But I also want to note the
17 irony that he was specifically complaining about
18 the rules not being followed by the majority.
19 And so aside from the fact that the point was not
20 correct, even if it were, the majority can't
21 choose which rules they follow and which ones
22 they don't at their choosing.
23 There was no defense provided for
24 the fact that the rules of the Senate, which very
25 clearly call for a vote in a committee when a
2533
1 motion is made, were bypassed. And instead, one
2 of my colleagues was criticized for speaking
3 about sex crime victims on a bill that is about
4 sex crime victims.
5 So I just implore my colleagues to
6 be fair in the administration of the rules, and
7 please follow the rules across the board, not
8 just selectively.
9 ACTING PRESIDENT GALLIVAN: Senator
10 DeFrancisco, why do you rise?
11 SENATOR DeFRANCISCO: Yeah, I just
12 wanted to mention that I didn't address that
13 issue, but I was not conceding that the
14 Republican Conference or the Majority Conference
15 violated the rules, because we did not.
16 With that said, what we're going to
17 do now is we're going to call an immediate
18 meeting of the Codes Committee, Room 332. While
19 that's going on -- that's at the agreement of the
20 Codes Committee chair, Senator Lanza, and the
21 ranker, Senator Squadron. And that's in 332.
22 While that's going on, we're going
23 to continue with our remaining resolutions.
24 ACTING PRESIDENT GALLIVAN: There
25 will be an immediate meeting of the Codes
2534
1 Committee in Room 332.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, can we
4 now take up Resolution 2014, by Senator Funke,
5 read the title only, and call on Senator Funke to
6 speak.
7 ACTING PRESIDENT GALLIVAN: The
8 Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 2014, by Senator Funke,
11 memorializing Governor Andrew M. Cuomo to
12 proclaim May 6, 2017, as I Love My Park Day in
13 the State of New York.
14 ACTING PRESIDENT GALLIVAN: Senator
15 Funke.
16 SENATOR FUNKE: Thank you,
17 Mr. President.
18 I want to just take a moment here to
19 thank all of those people who volunteer their
20 time.
21 Last weekend marked the sixth
22 anniversary of I Love My Park Day in New York
23 State. Parks and Trails New York, in partnership
24 with the New York State Office of Parks,
25 Recreation and Historic Preservation, brings
2535
1 together volunteers across the state to ensure
2 that New York's parks remain beautiful and
3 accessible. Thousands of volunteers participated
4 in cleanup, improvement, and beautification
5 stretching from Niagara Falls to Jones Beach,
6 through the Adirondacks and into the Catskills.
7 And thanks to these efforts,
8 New York State will continue to protect its rich
9 history found within our parks. Because whether
10 it's Oriskany Battlefield or Letchworth State
11 Park, New York's 330,000 acres of protected lands
12 and water, 1350 miles of hiking trails, and over
13 8,000 campsites and other prime destinations will
14 be better off because of the effort of these
15 volunteers.
16 But I'd be remiss if I didn't
17 mention that due to the destructive flooding from
18 Lake Ontario that Senator Helming mentioned, and
19 the St. Lawrence, and in a range of Finger Lakes
20 and rivers and streams, some of our state parks
21 right now, today, at this moment are being
22 damaged, homeowners are struggling to save what
23 they have, and we will need that volunteer spirit
24 to come alive again and show itself.
25 And I know I speak for Senator
2536
1 Helming and Senator Robach, Senator Ritchie,
2 Senator Ortt, Senator DeFrancisco -- all being
3 affected by this terrible flooding upstate --
4 that we need that volunteer spirit now. We need
5 everyone in this body to be mindful of what is
6 happening upstate. We will all need your help.
7 Thank you very much.
8 ACTING PRESIDENT GALLIVAN: The
9 question is on the resolution. All in favor
10 signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GALLIVAN:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT GALLIVAN: The
16 resolution is adopted.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Please take
19 up Resolution 2064, by Senator Bailey, read the
20 title only, and then call on Senator Bailey.
21 ACTING PRESIDENT GALLIVAN: The
22 Secretary will read.
23 THE SECRETARY: Legislative
24 Resolution Number 2064, by Senator Bailey,
25 commemorating May 11-21, 2017, as Bronx Week.
2537
1 ACTING PRESIDENT GALLIVAN: Senator
2 Bailey.
3 SENATOR BAILEY: Thank you,
4 Mr. President.
5 Before I begin to extol the virtues
6 of the Bronx, I have to give credit to my
7 colleagues for a wonderful Queens Day yesterday.
8 It wasn't Bronx Day, but it was still a -- no, it
9 was actually a great celebration, and it showed
10 the diversity that we have. And I say that
11 because, amongst 62 wonderful counties, it's good
12 to have a little bit of sibling rivalry amongst
13 us all.
14 But I'm going to tell you a little
15 story about where I come from, the Bronx. If all
16 of that talk about being able to internationally
17 fly into the airports in Queens -- the only
18 borough attached to the mainland, my friends, is
19 the Bronx. The BX. The Boogie Down, some call
20 it. Uptown. The real birthplace of hip hop. A
21 world-renowned baseball team, though I'm not a
22 fan. A legendary zoo. Various other cultural
23 institutions and fine dining places. But most
24 importantly, a spirit of great people.
25 A melting pot of 1.4 million proud
2538
1 residents that work hard for what we have. And
2 we're not afraid of much. Actually, it's in the
3 DNA of our borough. If you look at the crest of
4 our borough flag, our borough flag -- and if
5 there are any Latin scholars, pardon my
6 mispronunciation -- "ne cede malis." It comes
7 from the Aeneid, and it literally means "Yield
8 not to evil." If you go further into that
9 passage, the passage says: "Tu ne cede malis,
10 sed contra audentior ito." It means "Yield not
11 to evil, but advance all the more boldly against
12 it." That is precisely what we do in the borough
13 of the Bronx, we advance.
14 And on the heels of a successful
15 Bronx Day in Albany, along with the members of
16 this Bronx delegation I proudly introduce this
17 resolution to celebrate Bronx Week 2017. From
18 May 11th to May 21st, we celebrate this borough
19 and its native daughters and sons, recognizing
20 accomplishments in various areas, from the arts
21 and sciences to -- we hold various events, such
22 as an event honoring veterans, community
23 workshops, a breakfast honoring women and men of
24 labor, an elegant evening affair known as the
25 Bronx Ball, culminating in the addition of new
2539
1 members of the Bronx Walk of Fame, with the
2 parade down Mosholu Parkway, with a food and arts
3 festival, with a concert by the legendary hip hop
4 artists Slick Rick and Doug E. Fresh.
5 This diverse celebration is led by
6 no other than our dynamic borough president Ruben
7 Díaz, Jr. And we have to thank our colleague,
8 Reverend Díaz, for his role in the borough
9 president's development.
10 Under his leadership, growth in the
11 Bronx is at a record high. Unemployment gets
12 lower every day. And the Bronx is now a
13 destination, a place that people come to instead
14 of leaving. Now we just need to make sure that
15 we keep it affordable so that our future world
16 changers can stay in their borough.
17 Howard Cosell once famously or
18 infamously said the Bronx was burning. Now, I
19 dare to say that with everything that we're doing
20 now, with the leadership of so many people in the
21 Borough of the Bronx, the Bronx is no longer
22 burning. To use a metaphor, we are simply on
23 fire. A strong sense of culture and arts, record
24 growth and investment, a booming tech economy,
25 film and TV production, institutions of higher
2540
1 learning.
2 Now, nearly 100,000 more Bronx
3 residents have jobs today than they did in May of
4 2009. We have some of the greatest places to eat
5 in the city and state, from City Island to
6 Kingsbridge to Arthur Avenue to 226th and
7 White Plains Road, where we have the best beef
8 patty in the world at Kingston's Bakery. Happens
9 to be in my district.
10 As my borough president would say:
11 Life isn't perfect in the Bronx, but the state of
12 our borough is trending all the way up.
13 Now, we are also a place of
14 leadership. We have a great Senate and Assembly
15 delegation, a great City Council delegation. We
16 have our county chairman, Assemblyman Marcos
17 Crespo. We have our wonderful Assembly Speaker
18 Carl Heastie. Our leader Stewart-Cousins has
19 Bronx roots. We all know the IDC leader, Jeff
20 Klein, hails from the Borough of the Bronx.
21 But when you think about all that
22 leadership, if we did a test on Senator Flanagan,
23 I bet you he'd come with at least 15 percent from
24 the Bronx. Because it's a leadership thing. You
25 know, he's got to have a little Bronx in him.
2541
1 (Laughter.)
2 SENATOR BAILEY: But in all
3 seriousness, as I close, I'm proud to be a
4 Bronxite and I'm proud to celebrate this amazing
5 week. From PS 83 to MS 181 to the Bronx High
6 School of Science, this is where I'm from. This
7 is where I've been raised. Life lessons learned.
8 My wife and I raise our children there and we
9 educate them there, and we will continue to
10 contribute to the mission of the Borough of the
11 Bronx.
12 We're changing minds daily, and the
13 perception of our borough is ever-evolving. The
14 best example I can give you is of the legendary
15 poet Ogden Nash, who once had a couplet that
16 said -- again, infamously or famously, depending
17 on how you look at it. He said: "The Bronx? No
18 thonx."
19 Well, Mr. Nash changed his mind many
20 years later, as so many people have been changing
21 their minds about the borough of the Bronx. To
22 quote Mr. Nash:
23 "I can't seem to escape the sins of
24 my smart-alec youth; here are my amends.
25 "I wrote those lines 'The Bronx? No
2542
1 thonx'; I shudder to confess them.
2 "Now I'm an older, wiser man I cry,
3 'The Bronx, God bless them!'"
4 Thank you, Mr. President.
5 ACTING PRESIDENT GALLIVAN: Senator
6 Díaz.
7 SENATOR DÍAZ: Thank you,
8 Mr. President.
9 And thank you to my colleague
10 Senator Jamaal Bailey for introducing this
11 magnificent and unique resolution honoring and
12 recognizing the County of the Bronx.
13 You know, Mr. President, there was a
14 time when the Bronx was the laughingstock of the
15 nation. People laughed about the Bronx. They
16 didn't even want to come to the Bronx because the
17 Bronx had a bad reputation.
18 There was movies like "Fort Apache,
19 The Bronx," with Paul Newman, made in the Bronx
20 in those times so people could see the
21 destruction and the condition, the chaotic
22 condition of the Bronx.
23 But nowadays, Mr. President and
24 ladies and gentlemen, the Bronx is the county of
25 Papa Dios. The Bronx has been called Salsa y
2543
1 Merengue. The Bronx has been called the County
2 of God. The Bronx has been called now many
3 things. But the Bronx has not been called the
4 United Nations -- and the Bronx is the United
5 Nations, especially for us Hispanics. The Bronx
6 has been open doors for all Hispanics. Now you
7 can find, in Bronx County, Mexicans, Hondurans,
8 Garifunas, Cubans, Dominicans, Puerto Ricans,
9 Ecuadorians, Colombians, Guatemalans, all kinds
10 of people.
11 And the Bronx has been the county in
12 the United States that has given opportunities to
13 Hispanics. The first U.S. Hispanic Congressional
14 person came from the Bronx, Herman Badillo. The
15 first Hispanic borough president in the nation
16 came from the Bronx, Herman Badillo. The second
17 Hispanic borough president came from the Bronx,
18 Fernando Ferrer. The third Hispanic borough
19 president came from the Bronx, Adolfo Carrión,
20 Jr. And the fourth and the best of all came from
21 the Bronx: Ruben Díaz, Jr.
22 So the Bronx has been the county
23 where us Hispanics have the opportunities. We
24 have the first and only United States Supreme
25 Court judge from the Bronx, Sonia Sotomayor. We
2544
1 have singers, actors -- Jennifer Lopez, JLo --
2 from the Bronx. Ruben Díaz, Sr., from the Bronx.
3 (Laughter; scattered applause.)
4 SENATOR DÍAZ: Tito Puente.
5 And now -- there was a time when the
6 Bronx was the lowest, the lowest {sic}
7 unemployment rate in the state -- 14 points,
8 almost 15 percent. Today, now today, 5.6 percent
9 and going down.
10 So the Bronx, everybody wants to
11 come back to the Bronx. Now everybody -- there
12 was a time when people left the Bronx, they
13 split, they abandoned the Bronx, they walked out
14 of the Bronx. The Bronx was burnt out.
15 Nobody -- banks redlined the Bronx. Businesses
16 left, people moved.
17 Now everybody wants to come back to
18 the Bronx. That's where the business is. Now
19 people, the businesspeople want to open their
20 business in the Bronx. Because the Bronx, as
21 Senator Jamaal Bailey was saying, is the road to
22 Washington. To go to Washington, you've got to
23 go through the Bronx. You cannot get to
24 Washington, Mr. President, and all of you that
25 want to go to Washington, you cannot get to
2545
1 Washington if not through the Bronx.
2 So Senator Bailey, thank you for
3 this resolution recognizing the best county and
4 the most improved county and the county that has
5 opened doors for all minorities. When you talk
6 about immigration, no other county has done it as
7 the Bronx.
8 So Mr. President, thank you. And by
9 the way, my youngest son, Ruben Díaz, Jr., is the
10 Bronx borough president, and he's inviting all of
11 you to come to the Bronx Ball next Saturday, the
12 20th. You will see, you will see what is the
13 Bronx.
14 Thank you, ladies and gentlemen.
15 ACTING PRESIDENT GALLIVAN: Senator
16 Rivera.
17 SENATOR RIVERA: Thank you,
18 Mr. President.
19 Unlike Senator Bailey, I did have
20 not have the great privilege of being born in the
21 Bronx. I was born and raised in Puerto Rico,
22 like our Senator Ruben Díaz. I got to New York
23 in 1998. I lived briefly in a dorm room at 44th
24 between 6th and Broadway for the Graduate Center,
25 the CUNY Graduate Center. Then I moved up to
2546
1 East Harlem. I was living up there in a
2 three-bedroom that was $1,000 for the
3 three-bedroom, by the way, if you can -- that was
4 a long time ago. And ultimately there was
5 somebody who I was living with who was -- well,
6 he was a bad dude, and I found out the hard way,
7 so I needed to move out.
8 I tried to look for a place in
9 East Harlem, didn't find anything that I could
10 afford. And I had made an appointment with
11 someone to go up to the Bronx, which at the
12 time -- and we're talking about 1999 -- I was a
13 little bit scared of the idea of the Bronx, I'll
14 be completely honest with you.
15 Traveled up to the Bronx, to the
16 Kingsbridge Heights section of the Bronx, the
17 4 Train at Kingsbridge Road. If you have never
18 been there, you would exit and you would see the
19 largest armory in the continental United States.
20 There, the lady that was going to show me a
21 couple of apartments met me, and we went to a
22 couple of apartments.
23 And when she told me how much I
24 would have to spend for either a studio or a
25 one-bedroom, I laughed in her face. Not because
2547
1 it was a silly thing, but because I thought she
2 was putting me on. Because the places that she
3 was showing me were at least twice if not three
4 times as big as the places that I was seeing in
5 Manhattan, and the prices were crazy. And they
6 were beautiful buildings.
7 And so because I didn't have
8 anywhere else to go, I moved to the Bronx -- the
9 same building that I've been living in since
10 2000. Now, I did move, as I made a joke -- as
11 soon as I won my election in 2010, I did move
12 from 2C to 2D, the easiest move I've ever made,
13 that anybody could ever make in their life, from
14 a studio to a one-bedroom. But I'm still living
15 in that same neighborhood, in that same building.
16 And the thing is about the Bronx, I
17 fell in love with it, and now I have the great
18 privilege of representing 318,000 folks up there.
19 The more that I learned about the history of the
20 Bronx, the more that I learned about the
21 resiliency of the people who live there, and the
22 more I learned about all the different
23 communities that make the Bronx their home --
24 whether it was the Puerto Rican community that
25 for many intents and purposes is the largest
2548
1 municipality outside of the municipalities in
2 Puerto Rico. There's 72 towns down there; people
3 call it the northernmost town in Puerto Rico.
4 Whether it was the Dominican
5 community that is growing to this day -- and as a
6 matter of fact, as I've said many times, I
7 represent more Dominicans than any other state
8 legislator in the country, because as they've
9 gotten priced out of upper Manhattan, they've
10 moved to the Bronx -- whether it's the Mexican
11 community that is the largest growing ethnicity
12 in the entire State of New York -- from 2000 to
13 2010, by percentage, they grew immensely, and
14 they were in my district -- whether we're talking
15 about the African community or the Garifuna
16 community, who many times have come here, or
17 the -- Senator Díaz has also brought the
18 Pakistani community, who are also part of the
19 Bronx -- all of these wonderful people make their
20 home in the Bronx.
21 And it is the resiliency of the
22 neighbors, many of whom have been there for
23 generations through the toughest times -- like
24 the family of Jamaal Bailey, like Senator Díaz,
25 who was there as he -- his son was born in the
2549
1 Bronx. And he was there when things were really
2 tough in the Bronx, and now has been an integral
3 part in actually getting the Bronx back.
4 So I thank Senator Bailey, but I
5 would encourage everyone to come down and visit
6 some of our districts. I certainly would like to
7 tour you through that armory that I spoke about
8 earlier, or go to Bronx Community College, which
9 used to be NYU Uptown, which has the original
10 Hall of Fame and a beautiful library, the Gould
11 Memorial Library. Whether it is Poe Cottage --
12 you know, Edgar Allan Poe lived in the Bronx, and
13 the house that his wife actually died in still
14 sits in the Bronx in Poe Park, just a few blocks
15 from my house. Whether it's Little Italy -- not
16 that place in the southern part of Manhattan that
17 people say is Little Italy. That's not the real
18 one. Arthur Avenue, you can come and you can
19 enjoy meals there. Many of you have already done
20 it, so thank you for spending money in my
21 district.
22 But bottom line, the Bronx is a
23 beautiful place to live. I have fallen in love
24 with its people, with its culture, with its
25 history, its resiliency. And I am very
2550
1 privileged to be representing that district. I
2 am very privileged to be representing that
3 borough. And I look forward to representing it
4 for many years to come. As long as my
5 constituents continue to wisely send me up here,
6 I will hopefully be here for a long time.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GALLIVAN: Senator
9 Hamilton.
10 SENATOR HAMILTON: Mr. President, I
11 rise also to talk about the Bronx, the place
12 where I was born. Even though I represent
13 Brooklyn, I grew up in the Bronx from elementary
14 school through high school, and it was a great
15 experience for me. My mother got me involved in
16 politics. She would take me door knocking and
17 get petitions. And she was the president for the
18 first South Bronx Federal Credit Union.
19 My father was also the chairman of
20 the board of Lincoln Hospital in the South
21 Bronx -- not the original Lincoln Hospital that
22 was at 138th Street, but the new current Lincoln
23 Hospital which is now on 149th Street.
24 Growing up, it was tough times. I
25 remember at times I would have money in my pocket
2551
1 and then money in my sock. For the guys who
2 would try to, you know, take your money, you
3 always had your pocket money to give them, but
4 your real money was kept in your sock.
5 And I'm glad to see that the Bronx
6 now is doing well. My father still lives there,
7 my sister still lives in the Bronx. And when I
8 was younger, my father had a -- he still has a
9 penthouse. We would take a television set, put
10 it outside on the deck, cut the sound off --
11 because we could see in Yankee Stadium. So
12 during the time of Reggie Jackson, you know, the
13 crowd would be roaring, we had the TV off
14 listening to it, cooking on the penthouse deck,
15 and literally watching fires in the South Bronx
16 go on. It was a different time.
17 And if anybody has Netflix, "The Get
18 Down" is one of the -- it really talks about what
19 the Bronx was like way back in the day.
20 And I was fortunate enough to grow
21 up in a time when the rap had just started. It
22 started in the South Bronx. I remember Busy Bee,
23 Kool Herc, Grandmaster Flash and the Furious
24 Five. I remember seeing them for the first time
25 when they were singing together. Those were
2552
1 great times. And so the birthplace of the rap
2 music -- I never thought it would last so long,
3 but it has lasted, it's now international -- it
4 started in the South Bronx.
5 So it was times that were
6 challenging, but it made me a man. I say if you
7 grew up in the South Bronx in the '60s, you were
8 somebody who made it through an era where things
9 were very difficult. And as Senator Díaz said,
10 the unemployment rate was 15 percent at that
11 time.
12 So I remember times when I used to
13 go sleigh riding, and we knew at 2 o'clock to
14 leave the hill because the junkies would come and
15 try to steal your sled. That's how tough it was.
16 So it wasn't the greatest childhood,
17 but it was a childhood that made me who I am
18 today. And so I say Viva La Bronx, it will
19 always be in my heart.
20 Thank you very much.
21 ACTING PRESIDENT GALLIVAN: Senator
22 Murphy.
23 SENATOR MURPHY: Yes, thank you,
24 Mr. President.
25 Senator Rivera, I've had the honor
2553
1 and privilege of being in the Bronx often. It is
2 such a great place to me. More specifically, the
3 Woodlawn area, where I found my lovely wife on
4 233rd Street. It is a wonderful place. McLean
5 Avenue, I've been down numerous times. The
6 Bronx, we're very familiar with it.
7 Mr. President, it is an honor and a
8 privilege to be able to say a few words about the
9 Bronx and where I found my lovely wife from. We
10 now reside in Westchester County, which abuts
11 right up to the Bronx. So it has been a
12 wonderful place, and it holds a very special
13 place in my heart.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GALLIVAN: The
16 question is on the resolution. All in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GALLIVAN:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT GALLIVAN: The
23 resolution is adopted.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Can we now
2554
1 take up 2038, by Senator Parker, read the title
2 only, and call on Senator Parker.
3 ACTING PRESIDENT GALLIVAN: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 2038, by Senator Parker,
7 memorializing Governor Andrew M. Cuomo to
8 proclaim May 7-13, 2017, as Hurricane
9 Preparedness Week in the State of New York.
10 ACTING PRESIDENT GALLIVAN: Senator
11 Parker.
12 SENATOR PARKER: Thank you,
13 Mr. President. On the resolution.
14 As we know, we've had a lot of
15 conversation nationally and in the state around
16 climate change. And one of the biggest things
17 that we have seen in terms of the kinds of impact
18 that climate change has had on our community are
19 hurricanes. And so we are declaring this week
20 Hurricane Preparedness Week.
21 It really only takes one storm to
22 change your life and your community, and
23 hurricanes are one of nature's most powerful and
24 destructive phenomena. On average, there are
25 12 tropical storms, six of which become
2555
1 hurricanes, over the Atlantic Ocean, Caribbean
2 Sea, or Gulf of Mexico during the hurricane
3 season, which runs from around June 1st to
4 November 30th each year. One hundred twenty
5 miles of New York coastline along the Atlantic
6 Ocean is amongst the most vulnerable during this
7 aforementioned time.
8 So as you're aware, in August of
9 2011 Hurricane Irene tragically made landfall in
10 the State of New York, causing over $298 million
11 in damage and resulting in 10 fatalities. In
12 October 2012, we once again were faced with one
13 of our darkest times during Hurricane Sandy,
14 which caused over $18 billion in damages and
15 resulted in 53 fatalities. These were very, very
16 serious storms. They were storms in which
17 frankly, even though we knew they were coming, we
18 had no idea of the level of destruction that they
19 would levy on the lives of people.
20 And although when we talk about that
21 $18 billion in damages, it's not just simply
22 saying that things were damaged. These were
23 people's homes, right, their valuables. You
24 know, people lost their cars. You know, some
25 people lost the entire contents of their home --
2556
1 not just their home, but the entire contents of
2 their home -- during this storm.
3 You had people for literally weeks
4 trapped in high-rise apartments in New York City
5 Housing Authority projects. You know, people --
6 we had senior citizens who couldn't come out of
7 their home literally for weeks, sometimes sitting
8 in the dark, because a lot of these places had
9 lost power.
10 And so, you know, we need to be
11 aware of hurricanes. We need to prepare
12 ourselves. We need to understand that this has
13 now become a normalization or a new normal in our
14 lives and in our communities.
15 Because of these unpredictable
16 surges, again, we must be prepared. And being
17 prepared, you know, means that not just for
18 ourselves and our families, but our communities.
19 Both public and private entities
20 have worked to develop emergency response and
21 recovery plans, in accordance with local
22 jurisdiction and local emergency management
23 offices, to protect state communities and their
24 constituencies. It is known that the best
25 defense in preparedness is public education about
2557
1 the dangers of high winds, storm surges,
2 flooding, and all kinds of other activities that
3 may occur in conjunction with a hurricane.
4 So the National Weather Service has
5 designated the week of May 7th as National
6 Hurricane Preparedness Week, and we need to be
7 cognizant of the devastating impact of hurricanes
8 and ensure that all New Yorkers are not only
9 aware but also prepared financially, physically,
10 and emotionally around the tolls that these
11 disasters can have.
12 Thank you very much, Mr. President.
13 ACTING PRESIDENT GALLIVAN: Senator
14 Sanders.
15 SENATOR SANDERS: Thank you,
16 Mr. President. On the resolution.
17 I too would like to speak from
18 another perspective. I, first things first, give
19 credit to my colleague Senator Parker for coming
20 up with this resolution, this timely resolution.
21 The best thing that I can say about
22 it is the Boy Scout motto is "be prepared." Be
23 prepared. And if we were to use that one when
24 we're dealing with Hurricane Preparedness Week,
25 we would be in a better place.
2558
1 I speak as a survivor of Superstorm
2 Sandy. It is one thing to have a theoretical
3 understanding of a hurricane and these great
4 storms. It's another thing to be in your house
5 and see five feet of water and rising. It gives
6 you pause for your own courage and allows you to
7 understand that perhaps cowardice has its place
8 in the human condition.
9 Superstorm Sandy -- anyone who wants
10 to deny climate change, I really would have them
11 come out to my neighborhood and come over there.
12 I represent many different areas, including
13 The Rockaways, Queens, the Lower 9th Ward of
14 New York City. I represent them. And under
15 those conditions, whatever is going to happen
16 first is going to happen to us. We're going to
17 know it before anyone else. And I can tell you
18 that the things have changed already -- the land,
19 everything has changed. There's something going
20 on.
21 One of the main lessons that we've
22 learned from this is to get to know your
23 neighbors. Get to know your neighbors. Get to
24 know the elderly amongst us. Get to know who are
25 infirm. Get to know people who will need help,
2559
1 and find a way to get them out as quick as
2 possible.
3 We need to all have a checklist at
4 your own home: What are the important documents,
5 what are the important medicines -- not just for
6 yourself; for those who own animals, for your
7 dogs, for your cats. What do you need in order
8 to get out of there quickly?
9 You also need an agreed-upon meeting
10 place so, when you evacuate, everyone knows to
11 meet at Aunt Matilda's house or your cousin
12 Tommy's house or somebody's house that you can
13 all agree to and say that this is where you will
14 need to be.
15 It's not a question of will we deal
16 with this again, the question is when will we
17 deal with it. I discovered that government was
18 not as prepared as we would like them to be.
19 Neither was the population. We all need to get
20 very serious about this matter, because it's
21 going to happen again, it may happen worse than
22 before, and under those conditions we will be
23 called upon to help the people of New York State
24 and other states in bouncing back.
25 So I end as I began, with the
2560
1 Boy Scout motto. And that of course,
2 Mr. President, is "Be prepared."
3 Thank you very much.
4 ACTING PRESIDENT GALLIVAN: The
5 question is on the resolution. All in favor
6 signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT GALLIVAN:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT GALLIVAN: The
12 resolution is adopted.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Could we
15 return to motions and resolutions if we're not
16 already there. We're there.
17 ACTING PRESIDENT GALLIVAN: We're
18 there.
19 SENATOR DeFRANCISCO: On page 39, I
20 offer the following amendments to Calendar 645,
21 Senate Print 2542, by Senator Hannon, and ask
22 that said bill retain its place on the
23 Third Reading Calendar.
24 ACTING PRESIDENT GALLIVAN: The
25 amendments are received, and the bill retains its
2561
1 place on the Third Reading Calendar.
2 SENATOR DeFRANCISCO: Next can we
3 take up previously adopted Resolution 1892, by
4 Senator Parker, read the title only, and call on
5 Senator Parker -- who certainly realizes that we
6 have 20 minutes before the ceremony starts.
7 Thank you.
8 ACTING PRESIDENT GALLIVAN: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 1892, by Senator Parker,
12 memorializing Governor Andrew M. Cuomo to
13 proclaim May 9, 2017, as Teacher Appreciation Day
14 in the State of New York.
15 ACTING PRESIDENT GALLIVAN: Senator
16 Parker.
17 SENATOR PARKER: Thank you,
18 Mr. President. On the resolution.
19 I just have a few words to do on
20 this resolution, as I know the time is short.
21 Friends, Romans, countrymen -- I'm joking.
22 (Laughter.)
23 SENATOR PARKER: Look, May 9th,
24 Teacher Appreciation Day. How could we,
25 particularly in this body, where we've had a
2562
1 number of people who have served as teachers,
2 like my esteemed colleague Senator Marcellino and
3 others who have served us really, really with
4 distinction in the education system -- teachers
5 are really the backbone of our society. There's
6 really nothing that we do that's more important
7 in state government than provide for the
8 education of our children. It is literally our
9 future.
10 Teachers change the lives of
11 millions of American children every day, and
12 particularly here in the State of New York, and
13 the impact of their work extends far beyond the
14 boundaries of the classroom. When you look up
15 the word "teacher," it literally is just defined
16 as a person who instructs. But we know that
17 teachers are far much more than that.
18 Teachers -- in their profession,
19 they are people who provide knowledge. They're
20 dedicated, they're compassionate, they're
21 inspirational. And they just give and give and
22 give.
23 We all have a teacher who was a
24 friend in need, a confidant in times of crisis,
25 or even more, a caretaker. And as someone who
2563
1 grew up in the public school system in Brooklyn,
2 having gone to PS 193 and Andries Hudde Junior
3 High School, 240, and Midwood High School, I have
4 lots of teachers who really impacted me and, you
5 know, despite myself, were able to get me through
6 my studies.
7 I particularly remember I think my
8 favorite teacher of all time -- and this is no
9 slight on others who I think really had an impact
10 on me -- was Mr. Alfred Bozzo. I'll always
11 remember my sixth-grade teacher. He's the person
12 who introduced me to Shakespeare and really had
13 me understand, I think, the importance of civic
14 life. He was somebody who really encouraged me
15 to help other people.
16 In the Senate district that I
17 represent -- Flatbush and East Flatbush, Midwood,
18 Ditmas Park, Windsor Terrace and Park Slope -- I
19 represent 29 schools, resulting in over 4,000
20 active and retired teachers.
21 Teachers have had a resounding
22 impact on all of us. And of course this day,
23 May 9th, is really only a token to say that we
24 appreciate teachers, but we really should be
25 appreciating them every day. We must honor those
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1 who educate our students with open minds, who
2 cultivate open-mindedness in our students, and
3 who demonstrate their dedication on a daily basis
4 while overcoming obstacles alongside of their
5 students.
6 None of us at all in this chamber or
7 anywhere in the state would be where we are
8 without the help of a teacher. And we are truly
9 indebted to the entire profession, and so we
10 honor them.
11 Thank you.
12 ACTING PRESIDENT GALLIVAN: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: We have one
15 more in the series of people and organizations
16 we're honoring this week. Previously adopted
17 Resolution 1891, by Senator Parker, please read
18 the title only and call on Senator Parker to
19 speak.
20 ACTING PRESIDENT GALLIVAN: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 1891, by Senator Parker,
24 recognizing May 10, 2017, as World Lupus Day.
25 ACTING PRESIDENT GALLIVAN: Senator
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1 Parker.
2 SENATOR PARKER: Thank you,
3 Mr. President. I'm so surprised. I'm doing my
4 best imitation of Tim Kennedy today.
5 (Laughter.)
6 SENATOR PARKER: On a serious note,
7 I really wanted to -- May 9th is also Lupus
8 Awareness Day.
9 And lupus is a really horrible
10 autoimmune disease where the body's immune system
11 becomes hyperactive and attacks normal cells and
12 tissues.
13 And this is something that really
14 came to me a number of years ago when a very
15 close friend of mine got very sick. And I
16 actually didn't realize why she was sick. I knew
17 she had had some condition -- she was mostly
18 well, but she would go through these bouts of not
19 feeling well and then -- and I never really kind
20 of understood it. And one day she wound up in
21 the hospital for a very, very long time.
22 And I had a conversation with her
23 subsequent to that, and she started telling me
24 about lupus. And of course I had heard of it
25 before, but really didn't understand the depths
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1 in which this horrible disease is really
2 affecting people in the State of New York.
3 Lupus, you know, has a lot of really
4 horrible symptoms for people. And the symptoms
5 are oftentimes different for different people,
6 and that makes it difficult to treat. The
7 symptoms are inflammation, swelling, damage to
8 joints, damage to skin, kidneys. You know, you
9 can have blood ailments, heart, lungs, hair loss,
10 bruising of your body, anxiety, depression,
11 headaches, memory loss. And unfortunately,
12 currently there's no cure.
13 We in the State of New York put zero
14 dollars into lupus research. And I really want
15 us to take that up in the next budget and put
16 some money towards some research for the cure for
17 lupus.
18 According to the Lupus Foundation of
19 America, 1.5 to 2 million Americans have some
20 form of lupus. The prevalence is about 40 cases
21 per every 100,000 persons among Northeastern
22 Europeans and 200 per every 100,000 persons
23 amongst African-Americans. The people who suffer
24 from this disease most are women, and
25 particularly African-American, Latino, and Native
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1 American women. And the disease, you know, both
2 affects both men and women, but women are
3 diagnosed nine times more often than men, and
4 usually between the ages of 15 and 45.
5 And so although there's no cure,
6 there's a number of legislative initiatives that
7 we've passed in this house. We passed one last
8 year by Senator Savino. Senator Savino has
9 another bill on this issue that I think that it's
10 important that we bring to the floor.
11 But I also want to raise my Senate
12 bill, 5489, which will establish the Lupus
13 Education and Prevention Fund. This bill would
14 allow individuals to make an optional monetary
15 contribution that can be taken as a taxpayer
16 exemption on all corporate and personal income
17 tax forms. This bill would give corporate and
18 individual taxpayers the option to contribute to
19 the Lupus Education and Prevention Program
20 through voluntary contributions that would
21 provide a source of funding for research and
22 study into the causes and cure for lupus.
23 With this in place, I believe that
24 we could begin a focused approach and dedicate
25 ourselves in this state to finding a cure for
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1 lupus. I sincerely urge the Senate and the
2 Assembly to work together on passing this
3 legislation and bringing us one step closer to a
4 cure.
5 Thank you very much.
6 ACTING PRESIDENT GALLIVAN: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Is there any
9 further business at the desk?
10 ACTING PRESIDENT GALLIVAN: Believe
11 it or not, there is no further business at the
12 desk.
13 SENATOR DeFRANCISCO: Well, I have
14 some further business.
15 The last five resolutions are opened
16 up for cosponsorship. If anybody wants to
17 cosponsor, they should let the desk know.
18 ACTING PRESIDENT GALLIVAN: All
19 resolutions up for cosponsorship. If you're
20 interested, notify the desk.
21 SENATOR DeFRANCISCO: Now is there
22 any further business at the desk?
23 ACTING PRESIDENT GALLIVAN: No
24 further business at the desk.
25 SENATOR DeFRANCISCO: I move to
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1 adjourn until Wednesday, May 10th, at 11:00 a.m.
2 ACTING PRESIDENT GALLIVAN: On
3 motion, the Senate stands adjourned until
4 Wednesday, May 10th, at 11:00 a.m.
5 (Whereupon, at 5:19 p.m., the Senate
6 adjourned.)
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