Regular Session - February 6, 2018

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 6, 2018

11                     11:18 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT CROCI:   The Senate 

 3   will come to order.

 4                I ask everyone present to please 

 5   rise for the presentation of colors.  

 6                Color Guard, parade the colors.  

 7                (The Color Guard entered the 

 8   chamber, proceeding to the center, and presented 

 9   the colors.)

10                ACTING PRESIDENT CROCI:   Everyone 

11   present please join us in our Pledge of 

12   Allegiance.

13                (Whereupon, the assemblage recited 

14   the Pledge of Allegiance to the Flag, and the 

15   Color Guard exited the chamber).

16                ACTING PRESIDENT CROCI:   Today we 

17   are joined by Lieutenant Colonel Darrick Gutting.  

18   He is the division chaplain at Fort Drum, the 

19   10th Mountain Division, and he will lead us in 

20   our invocation.  

21                Colonel Gutting.

22                LT. COLONEL GUTTING:   Will you bow 

23   with me this afternoon.  

24                Lord, on this very good day, we 

25   humbly come before You, asking that Your spirit 


                                                               445

 1   be quickened with all whom have gathered in this 

 2   chamber.  

 3                We are so very grateful for the 

 4   opportunity to be used by You in service to the 

 5   citizenry of the great State of New York, our 

 6   10th Mountain home, and to the people of this 

 7   exceptional nation.  You have shown us what is 

 8   good and what is required of us, and we ask that 

 9   You help us daily to do justly, love mercy, and 

10   to walk humbly with You and all of mankind.

11                In this new year, renew our spirit 

12   and our strength so we might run and not grow 

13   weary, that we would walk and not grow faint.  

14   Sustain us and lead us as we fight the good fight 

15   of faith both at home and abroad, ever upward, 

16   always climbing.  

17                All of this we ask in Your name.  

18   Amen.

19                ACTING PRESIDENT CROCI:   The 

20   reading of the Journal.

21                THE SECRETARY:   In Senate, Monday, 

22   February 5th, the Senate met pursuant to 

23   adjournment.  The Journal of Sunday, 

24   February 4th, was read and approved.  On motion, 

25   Senate adjourned.


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 1                ACTING PRESIDENT CROCI:   Without 

 2   objection, the Journal stands approved as read.

 3                Presentation of petitions.

 4                Messages from the Assembly.

 5                Messages from the Governor.

 6                Reports of standing committees.

 7                Reports of select committees.

 8                Communications and reports from 

 9   state officers.

10                Motions and resolutions.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:    

13   Mr. President, on page 19 I offer the following 

14   amendments to Calendar Number 170, Senate Print 

15   685, by Senator Ortt, and ask that said bill 

16   retain its place on the Third Reading Calendar.

17                ACTING PRESIDENT CROCI:   So 

18   ordered.

19                SENATOR DeFRANCISCO:   Could we now 

20   take up a previously adopted resolution -- excuse 

21   me.  I move to adopt the Resolution Calendar, 

22   with the exception of Resolution 3708.

23                ACTING PRESIDENT CROCI:   All in 

24   favor of adopting the Resolution Calendar, with 

25   the exception of Resolution 3708, please signify 


                                                               447

 1   by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CROCI:   Opposed, 

 4   nay.

 5                (No response.)

 6                ACTING PRESIDENT CROCI:   The 

 7   Resolution Calendar is adopted.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Can we now 

10   please take up a previously adopted resolution, 

11   3375, by Senator Ritchie, read it in its 

12   entirety, and call on Senator Ritchie.

13                ACTING PRESIDENT CROCI:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 3375, by Senator Ritchie, 

17   memorializing Governor Andrew M. Cuomo to 

18   proclaim February 6, 2018, as 10th Mountain 

19   Division and Fort Drum Day in the State of 

20   New York.  

21                "WHEREAS, Fort Drum is located in 

22   Jefferson County, in Northern New York, and is 

23   the largest military installation in the 

24   Northeastern United States; and 

25                "WHEREAS, Fort Drum, previously 


                                                               448

 1   known as Pine Camp, was renamed in honor of 

 2   Lieutenant General Hugh Drum, a decorated 

 3   national hero, former commander of First Army, 

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

 5   militia, the New York Guard; and 

 6                "WHEREAS, For 32 years, Fort Drum 

 7   has been the home of the United States Army's 

 8   storied 10th Mountain Division, one of the most  

 9   deployed divisions in the United States Army; and 

10                "WHEREAS, The 10th Mountain Division 

11   served our nation with honor, distinction and 

12   great sacrifice as a part of Operation Enduring  

13   Freedom and other actions central to our nation's 

14   response to the terrorist attacks of 

15   September 11, 2001; and 

16                "WHEREAS, Elements of the 

17   10th Mountain Division, based on Fort Drum, were 

18   the first to be deployed in the aftermath of 

19   those attacks and the last units to return from 

20   combat duty; and 

21                "WHEREAS, In addition to Operation 

22   Enduring Freedom, 10th Mountain Division 

23   deployments have included Hurricane Andrew Relief  

24   in Florida, Operation Restore Hope in Somalia, 

25   Operation Uphold Democracy in Haiti, Task Force 


                                                               449

 1   Eagle in Kosovo, Operation Iraqi Freedom,  

 2   Operation Freedom Sentinel in Afghanistan, and 

 3   advise and assist operations throughout the 

 4   world; and 

 5                "WHEREAS, More than 300 brave men 

 6   and women of the 10th Mountain Division, based on 

 7   Fort Drum have given their lives to the cause of 

 8   defeating global terrorism; and 

 9                "WHEREAS, The distinguished service 

10   of units assigned to Fort Drum has been 

11   celebrated by presidents, members of Congress, 

12   and members of the international community; and 

13                "WHEREAS, In addition to its vital 

14   role in our nation's defense, Fort Drum is also 

15   the largest employer in Northern New York, and an  

16   economic engine for the state and region, with a 

17   direct impact of more than $1.2 billion; and 

18                "WHEREAS, The more than 30,000 

19   soldiers, officers, retirees and family members 

20   of Fort Drum are an integral part of the 

21   community, and are welcomed as neighbors, 

22   coworkers, classmates, friends and fellow 

23   New Yorkers; and 

24                "WHEREAS, It is the sense of this 

25   Legislative Body to salute the soldiers and 


                                                               450

 1   officers of the 10th Mountain Division, to honor  

 2   their dedication to preserving our freedom and 

 3   our nation, and to recognize their individual and 

 4   collective contributions to our communities and  

 5   to New York State; and 

 6                "WHEREAS, For the past seven years, 

 7   10th Mountain Division and Fort Drum Day has 

 8   served to educate members of this Legislative 

 9   Body about the sacrifices made every day by the 

10   brave men and women of our armed forces, as well 

11   as the importance of Fort Drum to our nation's  

12   defense and New York's economy; and 

13                "WHEREAS, Fort Drum has and will 

14   continue to play an important and critical role 

15   in ensuring our nation's military readiness to 

16   defend our state and nation against hostility and 

17   threats to our safety and national security; now, 

18   therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to memorialize  

21   Governor Andrew M. Cuomo to proclaim February 6, 

22   2018, as 10th Mountain Division and Fort Drum Day 

23   in the State of New York; and be it further 

24                "RESOLVED, That a copy of this 

25   resolution, suitably engrossed, be transmitted to 


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 1   Major General Walter E. Piatt, Commanding  

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

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Ritchie on the resolution.

 5                SENATOR RITCHIE:   Thank you, 

 6   Mr. President.

 7                Colleagues, I am proud to welcome 

 8   you to the seventh celebration of the 

 9   10th Mountain Division and Fort Drum Day in the 

10   New York State Senate.

11                The men and women of Fort Drum truly 

12   represent the best of the best.  They have 

13   dedicated themselves to defend our freedom and 

14   that of freedom-loving people around the globe.  

15   Our soldiers and officers know how to lead, as 

16   evidenced by some of those we have had the 

17   privilege to host during previous Fort Drum Days, 

18   including the current chief of staff of the 

19   United States Army, one of the seventh highest 

20   ranking officers in our nation's military, 

21   General Mark Milley; the top previous commander 

22   of a multinational coalition battling ISIS in 

23   Afghanistan, General Stephen Townsend.  

24                And that tradition of leadership and 

25   distinction continues today with the soldiers and 


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 1   officers you see before you and those that 

 2   hopefully you met downstairs in the displays in 

 3   the LOB.  Let me take a moment to introduce them 

 4   to you:  Commanding General Walter Piatt.  

 5   Brigadier General Patrick Donahoe.  Command 

 6   Sergeant Major Sam Roark.  Command Sergeant Major 

 7   Ryan Alfaro.  Chaplain Lieutenant Colonel Darrick 

 8   Gutting.  Captain Sam Kriegler.  Master Sergeant 

 9   Keisha Archer.  

10                And we are joined by these native 

11   New Yorkers also:  Sergeant First Class Brian 

12   Lambert, of Penn Yan; Staff Sergeant William 

13   Maxwell, of Pawling; Sergeant Kyle Milliman, of 

14   Lansing; Sergeant Jonathan Ruiz, of Brooklyn; 

15   Sergeant Joseph Frank, of Rome; and Specialist 

16   Hunter Bishop, of Plattsburgh.

17                Please join me in welcoming also a 

18   few special guests who are here in the chamber 

19   today:  Mrs. Cynthia Piatt; Mrs. Deanna Roark; 

20   Colonel Eric Wagenaar; and General Ray Shields, 

21   representing the New York National Guard.  

22                Thank you for being here.

23                (Standing ovation.)

24                SENATOR RITCHIE:   And in the 

25   gallery I'd also to like to recognize another 


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 1   member of the General and Mrs. Piatt's family, 

 2   their daughter, Jessica --

 3                (Applause.)

 4                SENATOR RITCHIE:   -- along with 

 5   representatives from the community organizations 

 6   in my district that work to support Fort Drum's 

 7   mission and their success.  Thank you all for 

 8   joining us today.

 9                Many of you have heard me speak 

10   about how proud I am to represent the men and 

11   women of Fort Drum, the largest military 

12   installation east of the Mississippi, and the 

13   importance of the post to the North Country 

14   economy -- indeed, to our entire state, as 

15   New York's largest single-site employer.

16                I've told you how the soldiers and 

17   the officers of Fort Drum and their families are 

18   our friends, our neighbors, coaches, volunteer 

19   firefighters, and community volunteers -- how 

20   they are literally intertwined in every community 

21   across our region.  I cannot overstate how 

22   important Fort Drum and the 10th Mountain 

23   Division are to the North Country, to New York 

24   State, and to the nation -- and, as you will hear 

25   this from General Piatt's address, to the 


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 1   nation's defense.

 2                The 10th Mountain Division was among 

 3   the first to deploy overseas in the days and 

 4   weeks following the horrific terror attacks on 

 5   New York City and our nation.  In fact, units 

 6   from the 10th Mountain Division have deployed two 

 7   dozen times since September 11th.  And in just a 

 8   few weeks, many of these brave soldiers, 

 9   including General Piatt and his entire command 

10   team, will be again deploying to Iraq in defense 

11   of our freedom.  I ask you that you keep them in 

12   your thoughts and prayers.

13                So to the soldiers here, I want to 

14   say thank you for your service, because that is 

15   what it means to be part of our armed services.  

16   There is no higher calling than service to 

17   others, service to the community, service to 

18   freedom and liberty.  We are all proud of the 

19   work you do, proud of the 10th Mountain Division, 

20   and proud to call you fellow New Yorkers.

21                Let me close by saying to all my 

22   colleagues and especially to our leader, Senator 

23   Flanagan, thank you.  Thank you for learning 

24   about Fort Drum and supporting our brave troops.  

25   I also want to thank Senator Flanagan for taking 


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 1   the trip to the North Country and touring 

 2   Fort Drum.  

 3                And once again, I would like to 

 4   extend that invitation to every member in this 

 5   chamber to do the same thing.  To see the troops 

 6   here in the Capitol and in the LOB is an 

 7   experience, but to witness firsthand how they 

 8   live, how they train, is something entirely 

 9   different, and it will only deepen your 

10   appreciation and respect for who they are and 

11   what they do.

12                So welcome to all of you, and thank 

13   you for your service.  And once again, we are all 

14   so very proud of all of you.

15                Thank you, Mr. President.

16                (Applause.)

17                ACTING PRESIDENT CROCI:   Thank you, 

18   Senator Ritchie.

19                Senator Flanagan on the resolution.

20                SENATOR FLANAGAN:   Thank you, 

21   Mr. President.

22                I want to welcome our guests.  And 

23   I'm in awe, I really am in awe when all of you 

24   are here.  

25                Senator Ritchie, who does a 


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 1   spectacular job, she's right.  I've heard about 

 2   Fort Drum, you know, we've had people here for a 

 3   number of years.  There's nothing like seeing it.  

 4   And, you know, you think "fort," okay, I think 

 5   like a kid, it's like a nifty cool thing.  It's a 

 6   city.  It really is a city.  There are thousands 

 7   of people there.  

 8                And I remember going -- and I have 

 9   not had the honor or the privilege of serving in 

10   the military, but I remember going and getting 

11   some education from young men and women who were 

12   simulating battles.  They put us in a room with 

13   smoke, with loud noise, all kinds of things that 

14   were just simulations.  Then they took us in 

15   another room and they showed us body parts.  

16   Fake, but like, you know, legs ripped apart, arms 

17   half-severed.  And I'm thinking, this is -- I'm 

18   looking at this on a mannequin.  I can't fathom 

19   what the heck that would be like in person.

20                And I remember when we were there, 

21   it was hot.  It was hot.  And all of these folks 

22   had on tons of gear.  And I forget exactly what 

23   it was, but I just remember thinking, my 

24   goodness, it's just -- you know, this is again a 

25   simulation.  I can't imagine what it would be 


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 1   like to be over in Iraq.  

 2                But I want to thank the General and 

 3   his entire team for their service.  And General, 

 4   you can't quite see, but we have a lot of young 

 5   people in our gallery.  And to the young boys and 

 6   girls who are here, you have freedoms and you 

 7   have the ability to be here, you have the 

 8   opportunity for free speech, a great education, 

 9   and to be part of your government because these 

10   people protect us.  And thank God that they do.  

11   Thank you for your service.  And I guess I'm just 

12   deeply grateful.  And General, I think I told 

13   you -- you said this, you came into our 

14   conference, I'm finally glad to meet the real 

15   general, the beautiful woman to your left -- 

16                (Laughter.)

17                SENATOR FLANAGAN:   -- because I 

18   know she represents management, and you are 

19   labor -- 

20                (Laughter.)

21                SENATOR FLANAGAN:   -- which is the 

22   way it should be.  

23                But, you know, it really is an honor 

24   and a privilege.  And we have a number of our 

25   colleagues who have served with distinction in 


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 1   the military, and I'm sure they have a better 

 2   appreciation than I.  But I just want to say 

 3   thank you, thank you, thank you with the utmost 

 4   sincerity.  

 5                And I believe, Senator Croci, the 

 6   floor is now -- or the podium is going to be 

 7   reserved for the General.

 8                ACTING PRESIDENT CROCI:   Yes, 

 9   Mr. Leader.  We do have two other members who 

10   would like to address the resolution.

11                Senator Larkin.

12                SENATOR LARKIN:   Thank you, 

13   Mr. President.

14                Good morning, General.  You know, 

15   23 and a half years I wore that uniform.  And you 

16   know, the 10th Mountain Division, the first time 

17   I ever heard about them, I was out -- back from 

18   Korea.  I had two little trips to Korea I'll 

19   never forget.  

20                And we went up to a place called 

21   Camp Drum then, and somebody said, "We're going 

22   to do some glider training."  And I said, "I have 

23   bad legs and bad eyes, I can't do it."  And they 

24   said, "Lieutenant, yes, you will."  

25                And later on I studied a little bit 


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 1   more about the 10th, and then I learned all about 

 2   Senator Dole.  Senator Bob Dole was wounded just 

 3   days before the fighting in Italy, as your 

 4   history tells you.  And when we were doing 

 5   something later on in life, this chamber helped 

 6   us when we were talking about a Purple Heart 

 7   stamp and a Purple Heart monument.  And Bob Dole 

 8   stood up there and said "The 10th Mountain should 

 9   be one of the top," and it was.  And it is.

10                Young sergeants.  You know, I looked 

11   here and I said, God, think about it, Billy, you 

12   were a first sergeant one time.  I said yes, and 

13   I used to listen to the older sergeants.  Am I 

14   correct, General?  That's how we learned.

15                But you are a hero in yourself, but 

16   you are a sustained project of the United States, 

17   the defense of our country.  There are young 

18   people, you have some of yours who have been two 

19   and three trips across the pond.  One of my 

20   neighbors is over there right now, and he said 

21   "The 10th Mountain takes second place to none."

22                And you don't.  Because, number one, 

23   nobody gets to this assignment as the commanding 

24   general of the 10th Mountain.  It's evidenced 

25   today by the chief of staff of the United States 


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 1   Army.  You came here right, General Milley.  And 

 2   every one of you should be proud.  

 3                But you know, it's our job, it's our 

 4   job to tell the rest of our nation, not just our 

 5   state, that the freedoms that we enjoy, what 

 6   these young people can do, and how great our 

 7   country is because we have people like General 

 8   Piatt and his troops in the 10th Mountain 

 9   Division.

10                I'll never forget my life with it.  

11   And when you command troops in combat, you make 

12   sure your troops are ready.  And General, 

13   everybody tells me you're standing tall.  May God 

14   bless you and your members and their families.  

15                Thank you very much (saluting).

16                (Applause.)

17                ACTING PRESIDENT CROCI:   Senator 

18   Little.

19                SENATOR LITTLE:   Thank you, 

20   Mr. President.

21                I'd like to begin by thanking 

22   Senator Ritchie for initiating Fort Drum Day.  

23   When she first came to the Senate, that was one 

24   of the first things she did want to accomplish, 

25   and how well she has accomplished that.


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 1                Certainly I did not, regretfully, 

 2   have any military experience, so my experience 

 3   has been through my recently retired Navy son of 

 4   26 years.  But I would like to call some 

 5   attention -- not take attention away from the 

 6   general and the members of the military -- but to 

 7   the nonpaid, totally volunteer person in the 

 8   military, the spouses of our leaders in the 

 9   military.  

10                Cynthia Piatt is here today.  And as 

11   the wife of the general, she has lots of 

12   responsibilities -- taking care of and welcoming 

13   families who arrive, changes of leadership under 

14   the general, all of that, helping families adjust 

15   to their new locations and their places in the 

16   military.

17                And looking back and talking to her 

18   last night, the number of times that she has had 

19   to move -- I think, if I'm correct, it was 22 

20   different locations throughout their marriage 

21   they have moved.  So not only is she an expert at 

22   unpacking and setting up a household within hours 

23   and days -- the general said in 72 hours she 

24   could be totally set up at whatever location she 

25   went to -- but dealing with her children as they 


                                                               462

 1   changed schools.  And Jessica is in the audience 

 2   in the gallery today, as well as they have a son, 

 3   Joshua, who moved around even a lot through high 

 4   school, and changing schools and moving on as 

 5   they go along.

 6                It's not easy, and I don't think we 

 7   always understand that.  But her role is as 

 8   important as the general's.  Not on the front 

 9   lines, but she's on the back line with the 

10   families.  And many times it's the family who is 

11   undergoing some turmoil and emotional distress 

12   that Cynthia and women like Cynthia have to deal 

13   with.  

14                So thank you for your service as 

15   well as all those paid members of the military.

16                Thank you very much.  And thank you 

17   for being here.

18                (Applause.)

19                ACTING PRESIDENT CROCI:   Senator 

20   Sanders.

21                SENATOR SANDERS:   Thank you, sir.

22                Although my brother and I, we did 

23   the Marine Corps, my younger brother defected and 

24   he went to the 101st.  

25                (Laughter.)


                                                               463

 1                SENATOR SANDERS:   My nephew 

 2   continued that line of going, and my nephew has 

 3   done two tours Iraq, one tour Afghanistan, one 

 4   tour DMZ, on and on.  And that's what he can tell 

 5   me, at least.

 6                But we hear about the Mountain 

 7   Division, we hear about these guys who are able 

 8   to take the snow as easy as -- I did warm weather 

 9   training, I did desert training, and I enjoyed 

10   it.  So I cannot fathom, I cannot fathom anybody 

11   who would enjoy a temperature lower than 50 

12   degrees.  

13                (Laughter.)

14                SENATOR SANDERS:   I suspect that 

15   your unit deals with people dealing with a little 

16   lower than 50 degrees, General.  I might not do 

17   very well there, sir, but if you ever come to the 

18   desert, I can do that.

19                I want to commend you all because 

20   you have really put yourself in harm's way over 

21   and over and over again and have acquitted 

22   yourself quite well.  That I'm sure that if we 

23   went and did a study of people, there would 

24   also -- there would be one or two other groups 

25   that may say how well you do in Iraq and other 


                                                               464

 1   places.

 2                I wish you well in your return to 

 3   it.  I really hope that, as we were speaking 

 4   earlier, General, that it is just a 

 5   nation-building exercise, that we get there and 

 6   people decide to create a nation and go in a 

 7   certain direction and that there will be no 

 8   terrorism, no problems while you are there.  

 9                But I can say to those who want to 

10   create problems that we are sending one of the 

11   best units that we have out there, and they will 

12   acquit themselves quite well, as they have in 

13   days gone by.

14                Thank you, Mr. President.  Godspeed 

15   to you all on your journey.

16                (Applause.)

17                ACTING PRESIDENT CROCI:   Senator 

18   Griffo.

19                SENATOR GRIFFO:   Thank you, 

20   Mr. President.  

21                I thank Senator Ritchie for hosting 

22   this event each and every year because it's an 

23   honor to have you in our presence -- to all of 

24   you, General, and all the troops assembled.

25                I just simply want to say that I 


                                                               465

 1   have the opportunity to express my great respect, 

 2   my admiration and my appreciation for your 

 3   bravery, for your sacrifice, and most 

 4   importantly, for your service.  You are truly the 

 5   defenders of democracy.  God bless you, and may 

 6   He continue to keep you in good grace.

 7                (Applause.)

 8                ACTING PRESIDENT CROCI:   Senators 

 9   and ladies and gentlemen, it is my great honor to 

10   introduce to you the commander of the 

11   10th Mountain Division, New York's own, 

12   Major General Walter Piatt.  

13                General.  

14                (Standing ovation.) 

15                MAJOR GENERAL PIATT:   Thank you 

16   very much.  

17                Good morning and thank you for this 

18   incredible welcome to this beautiful Capitol in 

19   the great Empire State.  And thank you again for 

20   honoring this division on the seventh Fort Drum 

21   and 10th Mountain Division Day.  

22                Majority Leader John Flanagan, 

23   Independent Democratic Conference Leader Jeff 

24   Klein, Democratic Conference Leader Andrea 

25   Stewart-Cousins, and our very own Senator Patty 


                                                               466

 1   Ritchie and her staff and all your staffs, and 

 2   for all of you for your service in and out of 

 3   uniform and for what you do in this chamber every 

 4   day.  

 5                It's to protect these institutions, 

 6   and why we fight.  And Senator, you're right, 

 7   it's for that next generation as well.  The 

 8   Sergeant Major will be here afterwards to take 

 9   their recruiting statements, so we'll be ready.  

10                (Laughter.) 

11                MAJOR GENERAL PIATT:   This is what 

12   we do.  And I just want to say we can't say thank 

13   you enough to our very own and special patriot to 

14   the 10th Mountain Division, Senator Ritchie.  Her 

15   dedication to our post, its soldiers and our 

16   families, it humbles us all, inspires us every 

17   day, and motivates us to continue to serve.  

18                I tell everyone wherever I go that 

19   the North Country is the best military community 

20   in our Army.  I tell it that way because on 

21   several occasions, when my son was playing high 

22   school sports for the Carthage Comets, he 

23   received something in the mail from Senator 

24   Ritchie, a photo from a local newspaper showing a 

25   sport highlight and saying "I saw something 


                                                               467

 1   special about you and I wanted to send this to 

 2   you."  

 3                That doesn't happen everywhere.  And 

 4   it didn't happen because of my rank.  It happened 

 5   because my son was Josh Piatt and he was a member 

 6   of a school district that just happened to have 

 7   military kids in it.  He holds that on his wall 

 8   today still.  Thank you, Senator.  

 9                I appreciate you all welcoming us a 

10   little bit early this year because, as mentioned, 

11   division headquarters begins our deployment to 

12   Iraq.  We started heading out this week; we will 

13   complete our deployment by early March, and then 

14   by mid-March I will assume the duties of the 

15   Coalition Force Joint Land Component commander in 

16   Iraq.  

17                We know that this deployment comes 

18   at a very critical time.  We deployed there in 

19   January for two weeks.  And you're right, it was 

20   a little bit warm there, Senator.  And folks who 

21   were flying the helicopters, it was about 40 

22   degrees, and they were cold.  They were from 

23   Oklahoma.  And they said, "We need to turn on the 

24   heat for the general and the sergeant major in 

25   the back."  


                                                               468

 1                So our major reminded them, "Hey, 

 2   we're in the 10th Mountain Division, this is kind 

 3   of hot, so please don't turn the heat on.  We'll 

 4   take the air-conditioning."  

 5                But we do deserts as well.  We go 

 6   where we're told.  And we fight where we go, and 

 7   we win where we fight.  That is the 10th Mountain 

 8   Division.  

 9                But this deployment comes at a 

10   critical time.  It comes at a critical time now 

11   that Iraqi people now have hope.  There's a real 

12   sense of joy in Baghdad because of this last 

13   victory they achieved against the Islamic State.  

14   And it was a victory.  The Islamic State invaded 

15   Iraq and pushed forward as the Iraqi Army had to 

16   flee through the violence that was coming.  They 

17   were at the gates of Baghdad -- Iraq itself was 

18   almost overthrown.  It was the Iraqi security 

19   forces and the Iraqi people that stood up for 

20   this.  

21                They were enabled by a mighty 

22   coalition, and they will continue to get our 

23   support.  But it was the Iraqi soldiers that went 

24   door to door, block by block in Mosul to defeat 

25   the most ruthless enemy this world has seen.  And 


                                                               469

 1   though it was a victory for the people of Iraq, 

 2   this enemy is a global threat.  And this was a 

 3   victory for the world.  

 4                Folks often ask, What are they doing 

 5   about their own security?  The real question is, 

 6   What have they done for world security?  They 

 7   defeated ISIS in Iraq and in Syria.  They 

 8   defeated the caliphate.  Now we must complete the 

 9   destruction of this terror group.  And that's 

10   what the 10th Mountain Division will now deploy 

11   to go and do.  

12                Our 3rd Brigade, our Patriot Brigade 

13   from Fort Polk, Louisiana, has been over there 

14   since last September.  They moved in-country in 

15   September, and they immediately went where the 

16   enemy was, providing critical fire support, 

17   intelligence support, and helped defeat the 

18   remnants of ISIS in Mosul and pursued it 

19   throughout Hawija, and now the Anbar Valley all 

20   the way to the border of Syria.  

21                The enemy is defeated as a 

22   conventional threat, but he's not destroyed.  The 

23   time is now.  And he remains ever-vigilant.  On 

24   October 1st, we lost a soldier in Iraq, 

25   Specialist Alex Missildine.  He was attacked by 


                                                               470

 1   an improvised explosion device just outside the 

 2   Salaheddine Operations Center.  

 3                I had the honor of presiding over 

 4   his funeral in Tyler, Texas.  We presided down a 

 5   10-mile convoy through a town where everybody 

 6   stopped their cars and put their hands on their 

 7   heart for this fallen hero.  All Alex wanted to 

 8   do was serve his country.  All he wanted to do 

 9   was serve his unit in combat.  He fought to earn 

10   his spot on that deployment.  It cost him his 

11   life and his parents their only son.  But as his 

12   father said to me:  "This is the cost of our 

13   freedom, and I hope Alex's sacrifice will inspire 

14   the unit and this division to continue to serve."  

15   And it certainly does.  

16                When I was here in this chamber last 

17   May, I told you about what the units in the 

18   10th Mountain Division were doing.  Our Combat 

19   Aviation Brigade deployed to Eastern Europe, 

20   assuring our allies, deterring our adversaries, 

21   building up military power in a NATO alliance 

22   that we have seen great reduction and increased 

23   threats from adversaries.  They returned just in 

24   time for Thanksgiving, but now they are flying 

25   again in helicopters over the North Country as 


                                                               471

 1   they get ready for whatever mission is next.  

 2                We deployed one of their Apache 

 3   battalions to the Republic of Korea for a 

 4   nine-month deployment at a time that it's 

 5   absolutely critical that we have military 

 6   presence forward to deter adversaries on the 

 7   Korean Peninsula.  

 8                And it was right about that time in 

 9   the fall that hurricanes brought devastation to 

10   the doorstep for thousands of American citizens.  

11   And what was called from our 10th Mountain 

12   Division was a very specialized unit, the 510th 

13   Human Resource Company.  They deployed, no 

14   notice, to Texas.  

15                And as soon as they came back from 

16   supporting Hurricane Harvey, they were once again 

17   called to go to Puerto Rico to support the 

18   aftermath of Hurricane Maria.  They didn't know 

19   where they were going to stay, they had a 

20   rucksack.  But all of them said, Now we get to go 

21   help our own citizens.  

22                A young lieutenant led the 

23   deployment to Puerto Rico.  Her husband, also in 

24   the 10th Mountain Division, was out on exercises 

25   doing a live fire.  She was unable to call him.  


                                                               472

 1   But she got on that plane, she did her job.  And 

 2   because of that specialized unit, many, many 

 3   folks that were there to help with the 

 4   reconstruction and help with the devastation were 

 5   able to follow through, follow through getting 

 6   in-country and go to where they needed to go.  

 7   They did it for the honor to help our fellow 

 8   Americans.  

 9                In September we also sent First 

10   Battalion, 87th Infantry Regiment, to Afghanistan 

11   and to Cameroon, Africa, on a deployment that 

12   came with almost no notice.  Our nation called, 

13   just giving us weeks to get this regiment ready, 

14   and they were.  They are deployed to Afghanistan 

15   today, they are helping specialized units and 

16   special operations forces all around the country, 

17   taking the fight to the enemy and enabling Afghan 

18   security forces to become ready.  

19                And also our 548 Combat Sustainment 

20   Brigade returned home from a successful 

21   deployment in the Middle East just before 

22   Christmas, and it came down to the wire.  We 

23   didn't know if we were going to get them back.  

24   They supported from Kuwait, but they were really 

25   everywhere.  All the way to Syria we had soldiers 


                                                               473

 1   from the 10th Mountain Division supporting our 

 2   forces in the fight, and they did a marvelous 

 3   job.  

 4                Today we have over 4,000 soldiers 

 5   deployed to 17 different countries around the 

 6   world -- Korea, many countries in Africa, Iraq, 

 7   Afghanistan and many more.  We say all the time 

 8   the 10th Mountain patch, the sun never sets on 

 9   our patch.  We are stationed in Fort Drum, 

10   New York, but we go everywhere and we're always 

11   there.  

12                And if all that coming and going 

13   didn't keep us busy enough, we leaned forward on 

14   a campaign to once again open our great post, 

15   which I so proudly call a nature preserve that we 

16   just happen to be allowed to train soldiers on.  

17   We opened our post to our surrounding 

18   communities.  Our post is beautiful and shares an 

19   awesome history with the rest of Northern 

20   New York.  But in the past 16 years of war, and 

21   all the security requirements that came with 

22   that, we began to build up walls, real and 

23   metaphorical.  That question about that, we 

24   needed to know -- we needed to maintain security, 

25   there's no question.  But we did not need to be 


                                                               474

 1   divided from the community that supports us so 

 2   well.  

 3                In June we opened up the post to 

 4   more than 10,000 soldiers, families and community 

 5   members to host country music star Trace Adkins 

 6   for a free concert.  We'll do that again this 

 7   year.  Don't know who the artist is going to be, 

 8   but it will be big.  

 9                And just a month later, after the 

10   tragic in-line-of-duty death of local hero 

11   Trooper Joel Davis, we joined forces with the 

12   New York State troopers to hold his funeral on 

13   Fort Drum.  After his death, we, like so many 

14   other organizations, offered what assistance we 

15   could provide.  In less than a week, a team of 

16   troopers and Fort Drum employees organized a 

17   memorial tribute that welcomed close to 4,000 

18   mourners onto our post.  

19                It was an incredible honor to be 

20   part of remembering so great a man.  I will never 

21   forget Trooper Joel Davis.  He was hero that ran 

22   to meet danger without hesitation.  Together we 

23   mourned his loss, but we will forever honor his 

24   life.  His service will never be forgotten.  

25                Then in September and December, we 


                                                               475

 1   opened our post to tours of the LeRay Mansion, 

 2   the ancestral home of the man thought to be the 

 3   founding father of upstate New York.  

 4                In November we brought more than 400 

 5   community members, many of them with personal 

 6   connections, to the sites of villages that were 

 7   dissolved during the expansion of Fort Drum in 

 8   the 1940s.  After that event I received a letter 

 9   from one of the participants telling me, and I 

10   quote her now:  "The Army's obvious concern for 

11   the environment has allayed concerns I had 

12   harbored for many years previous.  As a result of 

13   the friendly atmosphere I encountered on Monday, 

14   I no longer perceive the installation as foreign 

15   territory that must be approached with caution."  

16                In recognizing the past, we are 

17   doing great work in solidifying the future of 

18   Fort Drum.  This perhaps is not the most obvious 

19   route to stay relevant for the next 30 years, but 

20   I argue it's one of the most effective.  And we 

21   also started new traditions, hosting the first 

22   ever all-Army hockey team for their inaugural 

23   game against the Canadian hockey team.  And 

24   against all odds, we won.

25                (Laughter, applause.)


                                                               476

 1                MAJOR GENERAL PIATT:   And perhaps 

 2   an even bigger win came that night when we packed 

 3   the house.  There wasn't an empty seat in the 

 4   Watertown Municipal Arena.  Soldiers, their 

 5   family members, and the community showed up in 

 6   force to cheer their team on.  And with that warm 

 7   reception on a very cold night, Watertown earned 

 8   its spot forever as the home ice for Army hockey.  

 9                We also spent a lot of time working 

10   with communities, talking about how our training 

11   needs are expanding as our enemies gain the 

12   ability to defeat us from further and further 

13   away.  The way we are fighting wars now is 

14   changing, and our training has to change with it.  

15   We are now facing enemies that can attack us from 

16   further away.  In many areas our enemies have us 

17   outnumbered, outgunned and outranged.  This is 

18   unacceptable.  

19                We must be able to win our wars to 

20   protect our nation, which means we have to be 

21   able to defeat every adversary that poses a 

22   threat to our United States.  And if we can win 

23   that war, we can certainly deter that war.  

24                But we need to train against the 

25   future fights, because our enemies are expanding 


                                                               477

 1   these threats through air defense systems that 

 2   are elaborate, that can deny the U.S. Air Force 

 3   entry into certain spaces.  They make it very 

 4   difficult.  It becomes now, again, a land fight.  

 5   The call for the U.S. Army and Army infantry is 

 6   even more important now than it ever has been.  

 7                But to be able to defeat that enemy, 

 8   we've got to train against that, against greater 

 9   standoff, utilizing manned and unmanned systems.  

10   We need to be able to train with Air Force and 

11   New York Air National Guard so they can drop 

12   their precision munitions on Fort Drum for many 

13   years to come, on platforms that exist today and 

14   many that aren't even invented yet.  

15                If we are properly to train our 

16   soldiers for what awaits them on that future 

17   battlefield, we must continue to train for that 

18   future.  We must be prepared with methods not yet 

19   understood, with technology not yet invented and 

20   doctrine not yet written.

21                This sort of training brings the 

22   idea to bear of our encroachment around our post 

23   into clear focus.  The main topic of discussion 

24   this past year has been industrial wind turbines.  

25   Many on either side of the issue always ask me, 


                                                               478

 1   What is Fort Drum's position?  And I remind them 

 2   strongly, Fort Drum is an advocate for positive 

 3   growth in the North Country.  We must do this 

 4   together.  

 5                We know that energy needs to be 

 6   secure in our nation, and protecting that energy 

 7   is part of our own national military strategy.  

 8   We know that green energy is part of that 

 9   solution.  But we also know that if we plan 

10   together, we can do this smartly.  We just want 

11   to be part of that process.  And I thank all of 

12   you here for allowing us to be part of that 

13   process.  

14                We have been heard by our local 

15   communities and by New York State.  Local 

16   municipalities and developers alike now are 

17   reaching out to us to be part of their planning, 

18   and New York State has made our input part of the 

19   Article X process.  

20                These are hard conversations to 

21   have, as much is at stake.  But you have my 

22   promise that I will always be transparent and 

23   work towards positive growth in the North Country 

24   that we all love so much.  And I thank you all 

25   for your heartfelt considerations in these 


                                                               479

 1   delicate matters.  

 2                But it's true, it's true to form.  

 3   This is the kind of support that we expect and we 

 4   have seen from Albany time and time again.  In so 

 5   many things that are important to our soldiers, 

 6   our families, and our Army, New York steps up to 

 7   the plate all the time.  

 8                You supported the interstate compact 

 9   on educational opportunity for military children 

10   that addresses transitional issues encountered by 

11   military families like enrollment, placement, 

12   eligibility.  And there's an example in the 

13   gallery today.  My daughter Jessica went to four 

14   different high schools as we moved here before 

15   the start of her senior year.  A guidance 

16   counselor from a local high school, Carthage High 

17   School, got her transcripts, made sure that she 

18   had the right classes to graduate and apply to 

19   college on time.  And I'm proud to say she 

20   received a college scholarship to Duquesne 

21   University and graduated in three and a half 

22   years.  

23                (Applause.)

24                MAJOR GENERAL PIATT:   That would 

25   not happen without your help.  She would have had 


                                                               480

 1   to take extra classes, her college acceptance 

 2   would have been delayed or maybe not have 

 3   happened at all, and maybe missed time.  New York 

 4   does it.  Right now she's back here in Watertown 

 5   working for the Chamber of Commerce, sitting 

 6   right next to her boss, Kylie Peck.  

 7                So military kids do recognize that 

 8   these bases are indeed their homes.  

 9                You support our unique healthcare 

10   model, through your support to the Fort Drum 

11   Health Planning Organization.  The U.S. Army 

12   Surgeon General came to visit us twice, and she 

13   came in January, which makes her a friend of the 

14   10th Mountain Division.  She came to learn about 

15   our model and how unique it is, and she visited 

16   the facilities that we have off-post.  

17                We don't have a hospital on our base 

18   that's unique to our military, but we rely on the 

19   support of five local hospitals, and mainly the 

20   support from Samaritan Hospital, which I always 

21   fondly call Samaritan Army Hospital, in 

22   Watertown, New York.  It is a unique model, but 

23   it is a win/win for New York State and for our 

24   soldiers.  It's not just about access to 

25   healthcare, it's about military-readiness.  And 


                                                               481

 1   for that I say thank you, New York.  

 2                The State University of New York 

 3   supports soldiers and family members' access to 

 4   student aid initiatives like the Excelsior 

 5   Scholarship and access to state tuition rates.  

 6                SUNY and the New York State Energy 

 7   Research and Development Authority offer programs 

 8   to retrain our soldiers who are leaving the 

 9   service so that they can enter the workforce 

10   instead of the unemployment line.  On behalf of 

11   all of us who strive to keep learning, I say 

12   thank you, New York.  

13                The New York State Police partner 

14   with our department of Emergency services for 

15   mutual aid, on-post training, and event support.  

16   For all of us who sleep well at night knowing 

17   we're safe, I say thank you, New York.  

18                You voted to support our military 

19   spouses with expedited licensing services, with 

20   reduced fees for many career fields.  For all of 

21   us who ask so very much from our spouses and are 

22   able to do so little to lessen the impact on 

23   their careers:  Thank you, New York.  

24                The New York State Department of 

25   Environmental Conservation Region 6 is a 


                                                               482

 1   steadfast partner in ensuring that our training 

 2   requirements and sustaining our environment 

 3   aren't at odds.  For the many of us who are in 

 4   awe of the nature preserve that is Fort Drum, we 

 5   say thank you, New York.  

 6                And for your continued investment in 

 7   keeping Fort Drum as relevant for 30 years as it 

 8   is today, through projects like the I-781 

 9   connector and the Route 26 overpass linking our 

10   main post to our critical air field, thank you, 

11   New York, for cementing our future.  

12                And thank you for the young men and 

13   women who have grown up in towns and cities 

14   throughout New York, left their hometowns to 

15   train and become soldiers in the United States 

16   Army.  Some of those soldiers, as introduced, are 

17   here today.  

18                Soldiers like Sergeant Joseph Frank, 

19   from Rome, who was told that the Army would be 

20   too hard for him, that he couldn't to it.  When 

21   he earned the rank of noncommissioned officer, 

22   sergeant, it made him think about what else he 

23   could accomplish and how far his career in the 

24   profession of arms might take him.  

25                Others, like Specialist Hunter 


                                                               483

 1   Bishop, from Plattsburgh, answered the call to 

 2   serve after being affected by the attacks of 

 3   9/11, and he wanted to make a difference.  

 4                Soldiers like Sergeant Jonathan Ruiz 

 5   could see the smoke from the Towers at his school 

 6   in Brooklyn before the teachers closed the window 

 7   blinds.  He didn't understand what was happening 

 8   then, but he said that years later, that's what 

 9   motivated him to enlist.  

10                For all those soldiers, I say thank 

11   you, New York.  

12                The coalition I will soon join in 

13   Iraq faces, as I said, a difficult mission, for 

14   wars do not end in peace, and the terrorists are 

15   still there.  Although defeated militarily, they 

16   still pose a threat.  We must continue with 

17   surgical precision to hunt down those who mean to 

18   threaten Iraq, Syria, and indeed our own United 

19   States.  But we must also help stabilize the 

20   populations as they come back from the ruins of 

21   war to rebuild their country so that they can be 

22   an independent, free Iraq and a partner to the 

23   United States in the Middle East.  

24                On 12 May, one of our very first 

25   tasks will be to help provide the security for 


                                                               484

 1   Iraq's elections again.  So in all this time of 

 2   crisis, they have not given up on those 

 3   democratic ideals, and now the political fight 

 4   that remains post-conflict is one we will 

 5   continue to assist and enable until they are 

 6   secure in their country.  

 7                But just as we did here years ago 

 8   when the Army outgrew Madison Barracks in 

 9   Sackets Harbor, New York worked with us to find 

10   new areas to train in Pine Plains.  When we 

11   outgrew that area, more than 500 families left 

12   their homes to keep us mission-capable, on the 

13   condition that we would respect and keep their 

14   cemeteries and preserve the environment.  We keep 

15   those promises daily.  

16                Does this compromise always come 

17   easy?  Of course not.  But as I've learned on the 

18   battlefield, and as our shared history tells us, 

19   unfortunately, disabling the opposition solves 

20   only a fraction of the problem, whereas the 

21   energy and effort you put into relationships has 

22   the capacity to build a lasting peace.  

23                Thank you for living that lesson 

24   through legislation here in Albany, and by the 

25   support you show our military members back in 


                                                               485

 1   your home districts.  New York is an incredible 

 2   place to serve.  

 3                Please keep our deployed soldiers in 

 4   your thoughts and prayers in the coming year.  We 

 5   will assist in completing the destruction of ISIS 

 6   in Iraq so that they can no longer threaten the 

 7   world.  

 8                And I want to make sure I 

 9   reemphasize the open invitation that Senator 

10   Ritchie gave to you all.  Be sure to come visit 

11   us in New York.  Just dress warm and comfortable, 

12   because even in July you're going to get cold, 

13   and you're darn sure going to get dirty when you 

14   come out and train with the infantry.  But we 

15   love to show off our installation, and we love 

16   for folks to see how wonderful it is cared for 

17   for the people of upstate New York.  

18                Thank you again for this 

19   opportunity.  We are honored to be here today and 

20   a part of this great state every day.  But know 

21   this:  No matter what terrors we fight, no matter 

22   where we are sent and no matter what challenges 

23   we face, your 10th Mountain Division will 

24   accomplish the mission.  No matter how difficult 

25   the job, no matter how dangerous the climb, we 


                                                               486

 1   will not stop, we will keep moving until we all 

 2   meet at the top.  

 3                Ever upward!  Climb to glory!  Thank 

 4   you all very much.

 5                (Standing ovation.)

 6                ACTING PRESIDENT CROCI:   Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   Yes, 

 9   Mr. President, can you open that resolution for 

10   cosponsorship, so that anyone who does not want 

11   to be on that resolution should notify the desk.

12                ACTING PRESIDENT CROCI:   Very good.  

13   The resolution is open for cosponsorship.  If you 

14   do not wish to be a cosponsor, if you do not wish 

15   to be a cosponsor, please notify the desk.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Can we now 

18   take up Resolution 3708, by Senator 

19   Stewart-Cousins, read it in its entirety, and 

20   call on Senator Cousins.

21                ACTING PRESIDENT CROCI:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 3708, by Senator 

25   Stewart-Cousins, memorializing Governor Andrew M. 


                                                               487

 1   Cuomo to proclaim February 2018 as Black History 

 2   Month in the State of New York.  

 3                "WHEREAS, Black History Month,  

 4   previously known as Negro History Week, was 

 5   founded by Dr. Carter G. Woodson, and was first 

 6   celebrated on February 1, 1926; since 1976, it 

 7   has become a nationally recognized month-long  

 8   celebration, held each year during the month of 

 9   February to acknowledge and pay tribute to  

10   African-Americans neglected by both society and 

11   the history books; and 

12                "WHEREAS, The month of February 

13   observes the rich and diverse heritage of our 

14   great state and nation; and 

15                "WHEREAS, Black History Month seeks 

16   to emphasize black history is American history; 

17   and 

18                "WHEREAS, Black History Month is a 

19   time to reflect on the struggles and victories of 

20   African-Americans throughout our country's 

21   history and to recognize their numerous valuable 

22   contributions to the protection of our democratic 

23   society in war and in peace; and 

24                "WHEREAS, Some African-American 

25   pioneers whose many accomplishments, all of which 


                                                               488

 1   took place during the month of February, went 

 2   unnoticed, as well as numerous symbolic events  

 3   in February that deserve to be memorialized  

 4   include:  John Sweat Rock, a noted Boston lawyer 

 5   who became the first African-American admitted to 

 6   argue before the U.S. Supreme Court on 

 7   February 1, 1865, and the first African-American 

 8   to be received on the floor of the U.S. House of 

 9   Representatives; Jonathan Jasper Wright, the 

10   first African-American to hold a major judicial  

11   position, who was elected to the South Carolina 

12   Supreme Court on February 1, 1870; President  

13   Abraham Lincoln submits the proposed 

14   13th Amendment to the U.S. Constitution, 

15   abolishing slavery, to the states for 

16   ratification on February 1, 1865; civil rights 

17   protester Jimmie Lee Jackson dies from wounds 

18   inflicted during a protest on February 26, 1965, 

19   leading to the historic Selma, Alabama, civil 

20   rights demonstrations, including Bloody Sunday, 

21   in which 600 demonstrators, including Martin 

22   Luther King, Jr., were attacked by police; 

23   Autherine J. Lucy became the first African- 

24   American student to attend the University of 

25   Alabama on February 3, 1956; she was expelled 


                                                               489

 1   three days later 'for her own safety' in response 

 2   to threats from a mob; in 1992, Autherine Lucy 

 3   Foster graduated from the university with a 

 4   master's degree in Education, the same day her  

 5   daughter, Grazia Foster, graduated with a 

 6   bachelor's degree in corporate finance; the 

 7   Negro Baseball League was founded on February 3, 

 8   1920; Jack Johnson, the first African-American 

 9   World Heavyweight Boxing Champion, won his first 

10   title on February 3, 1903; and Reginald F.  

11   Lewis, born on December 7, 1942, in Baltimore, 

12   Maryland, received his law degree from Harvard 

13   Law School in 1968, and was a partner in Murphy, 

14   Thorpes & Lewis, the first black law firm on 

15   Wall Street, and in 1989, he became president and 

16   CEO of TLC Beatrice International Food Company, 

17   the largest black-owned business in the 

18   United States; and 

19                "WHEREAS, In recognition of the vast 

20   contributions of African-Americans, a joyful  

21   month-long celebration is held across New York 

22   State and across the United States, with many  

23   commemorative events to honor and display the 

24   cultural heritage of African-Americans; and 

25                "WHEREAS, This Legislative Body 


                                                               490

 1   commends the African-American community for 

 2   preserving, for future generations, its 

 3   centuries-old traditions that benefit us all and 

 4   add to the color and beauty of the tapestry which 

 5   is our American society; now, therefore, be it 

 6                "RESOLVED, That this Legislative 

 7   Body pause in its deliberations to memorialize 

 8   Governor Andrew M. Cuomo to proclaim 

 9   February 2018 as Black History Month in the State 

10   of New York; and be it further 

11                "RESOLVED, That copies of this 

12   resolution, suitably engrossed, be transmitted to 

13   the Honorable Andrew M. Cuomo, Governor of the  

14   State of New York, and to the events 

15   commemorating Black History Month throughout 

16   New York State."

17                ACTING PRESIDENT CROCI:   Senator 

18   Stewart-Cousins.

19                SENATOR STEWART-COUSINS:   Yes, 

20   thank you, Mr. President.  

21                I rise to commemorate Black History 

22   Month.  And certainly in the context of listening 

23   to the general and thinking of all that those in 

24   the military go through to protect our freedoms, 

25   with military might and with force and with the 


                                                               491

 1   sanction of the government, even then how 

 2   important it is that we support our men and women 

 3   in uniform and realize that freedom under no 

 4   circumstance is free.

 5                And as I think about Black History 

 6   Month, I think of the same things.  I think of 

 7   the heroes and sheroes who, without sanction, 

 8   frankly, of the government here, still fought for 

 9   freedom.  I think about Harriet Tubman, who lived 

10   right here in Auburn, New York.  And from the 

11   time she moved here, she spent 54 years just 

12   going back, dragging people out of the confines 

13   of slavery and making sure that there was a 

14   pathway to freedom and that people would never go 

15   back.

16                I think about Constance Baker 

17   Motley, who was right here in this chamber, a 

18   Senator, she was in the chamber from 1964 to 

19   1965.  And Senator Motley was also one of the 

20   authors of the groundbreaking Brown vs. Board of 

21   Education.  It was she, along with Thurgood 

22   Marshall, who made the case that separate is not 

23   equal in education or anywhere.  And it changed 

24   the way we educated the children of this great 

25   nation.


                                                               492

 1                I think about Marsha Johnson, an 

 2   LGBT activist who was born in a time where there 

 3   was not a conversation about being transgender.  

 4   She was born in the '40s.  But she was key and 

 5   instrumental in terms of Stonewall and the 

 6   Stonewall uprising and changing, again, the 

 7   course of a people who just wanted to be free.

 8                And I stand here today in memory of 

 9   the Reverend Dr. Wyatt T. Walker, who was for a 

10   while a resident of Yonkers, who died on 

11   January 23rd.  And he was the chief of staff for 

12   the Reverend Dr. Martin Luther King.  He was 

13   credited in many ways with being the chief 

14   strategist in terms of how he fought for freedom, 

15   for black community and everyone during those 

16   very tumultuous Civil Rights Era marches.  

17                And I want to say to Senator Larkin 

18   I know how important that time in history was and 

19   really thank him for his participation during the 

20   time where Dr. King was fighting so hard for 

21   freedom.

22                But Wyatt T. Walker was also 

23   credited for putting together Dr. King's Letter 

24   from a Birmingham Jail, because Dr. King, when he 

25   was in prison, wrote that on little scraps of 


                                                               493

 1   paper, he wrote it in the margins of newspaper -- 

 2   but it was Reverend Dr. Wyatt T. Walker who had 

 3   to assemble this magnificent letter that is 

 4   really something that we all associate as one of 

 5   the greatest written texts from Dr. Martin Luther 

 6   King.

 7                So Wyatt T. Walker, who also became 

 8   the senior pastor of Canaan Baptist Church, used 

 9   his bully pulpit in every way to fight for 

10   freedom and social justice.  And he was very much 

11   in the background, because obviously we saw 

12   Reverend Dr. King as that leader.

13                So whether you are a Harriet Tubman 

14   who was on the front line of freedom, or whether 

15   you were like Martha Johnson or Wyatt T. Walker, 

16   or whether you were like Constance Baker Motley, 

17   the understanding that freedom is not free and 

18   sometimes you've got to fight, even when people 

19   aren't supporting you, because the values and the 

20   importance of living your life as a free and 

21   liberated person in a just society makes all the 

22   difference.  It's worth living for and certainly 

23   worth dying for.

24                So as we celebrate black history in 

25   this chamber, a chamber where great people have 


                                                               494

 1   emerged and where we have the possibility of 

 2   doing great things, I hope that we will always 

 3   remember those things that we say all the time:  

 4   Freedom isn't free, and each of us can do 

 5   something to advance freedom for the next 

 6   generation and the next generation, because 

 7   that's what we must do.

 8                Thank you so much.

 9                (Applause.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Larkin.

12                SENATOR LARKIN:   Thank you, 

13   Mr. President.

14                Thank you very much, Senator 

15   Cousins.  

16                You know, what bothers me -- and I 

17   mention it every year -- it's nice to talk here 

18   and say this is what, this is what, that's what.  

19   My question is, what have you done to improve it?  

20                My association with people of color 

21   goes back a long way, when I was a youngster.  In 

22   my days in the military, my first command was a 

23   company of five Caucasians, all lieutenants.  I 

24   was the youngest; 208 members who had color.  And 

25   you know, the thing that got me the most was I 


                                                               495

 1   think the five lieutenants took care of the issue 

 2   of making friends, working together, and 

 3   realizing that there is no "I" in team and 

 4   cooperation and teamwork always produce positive 

 5   results.

 6                We had a young man from Atlanta, I 

 7   won't mention the corporation, but he came to us 

 8   as a prima donna in the 2nd Armored Division in 

 9   1954.  And he come in to see me one day and said, 

10   "I have a problem."  I said, "What is your 

11   problem?"  He said, "There are three black guys 

12   in my squad room."  I said, "Get your ass out of 

13   here and come back in and talk to me."  

14                And when he come back in, he said, 

15   "We have three people of color in my squad.  In 

16   my area in Atlanta, they come in the back door."  

17   I said, "Well, we'll take care of that tonight."

18                I called the first sergeant and I 

19   said, "I want six more members with color in that 

20   squad room."  

21                Shortening the speech up, he left 

22   and he went home.  Before he left, he was a 

23   draftee.  And he came in and he said, "You know, 

24   I'm going to remember this training.  I learned a 

25   lot."  Four months later I got a letter from his 


                                                               496

 1   father.  He said:  "I sent you a boy who was a 

 2   bigot.  He returned a man of honesty and 

 3   integrity, and I thank you."

 4                I don't like all this garbage going 

 5   back and forth.  I can speak pretty close to 

 6   anybody, and you know my family.  What are we 

 7   doing to ourself?  We're showing the rest of the 

 8   world we can't get along.  We don't want to do 

 9   this with them, we won't want to do this with 

10   them.  Why don't we sit down and talk and do 

11   something right?  

12                Black History Month should be 

13   something that we stand up and say:  This is what 

14   we've done.  I invite any one of you to come to 

15   the armory in Newburgh.  When you look and see 

16   500, 600 inner city kids that walk in in the 

17   morning.  And if they've got a cold, they go like 

18   this (gesturing).  And if they don't have a cold, 

19   they shake hands.  They study together, they play 

20   together.

21                And if we're going to make this 

22   place history, let's make history that we can be 

23   responsible for.  Make history that we're proud 

24   of.

25                I'm ashamed when I read something.  


                                                               497

 1   Why do we have to say it, in the newspaper, "Two 

 2   black guys were suspected of committing the 

 3   murder"?  Well, do we say two white guys did it?  

 4   No.  Why don't we use our brain instead of our 

 5   buttocks and say a suspect was apprehended, a 

 6   suspect is on the loose.  He's a suspect, right?  

 7   He's not just a person of color.

 8                In this house, years ago, we used to 

 9   go to dinner together as legislators, male and 

10   female.  And you didn't talk about what went on 

11   in the shop, but on the weekend:  Hey, how was 

12   the bar mitzvah?  I heard you got engaged.  I 

13   heard you got a new little baby there.

14                Why are we ashamed to put on a line 

15   and say black history is the same as us?  I'm 

16   Irish.  I remember what they said about us.  

17   Every street in Troy, New York, where I grew up, 

18   had a gin mill.  They said, What did you expect 

19   the Irish to do?  They don't know nothing else 

20   but drinking.  That's a shame today to think 

21   about that.

22                Ladies and gentlemen, I have a 

23   program, it's called "Black History," and we have 

24   it in all of my high schools.  And I want to hear 

25   a story.  I don't want your mother or father to 


                                                               498

 1   write your -- and I've told this to the teachers, 

 2   and I've told it to the counselors -- I want to 

 3   know that you've done research about some of 

 4   them.  

 5                For me, one person that I will never 

 6   forget is Dr. Abernathy.  Everybody says Martin 

 7   Luther King.  But they don't know, when we were 

 8   at Selma waiting to march and everybody -- we 

 9   need pictures, we need pictures, we need 

10   pictures.  And I said to Dr. Abernathy, We're 

11   marching.  And he went to Dr. King and he said, 

12   "They're looking out for theirself, Martin.  

13   Let's march."  And we did.

14                I never saw a word in there talk 

15   about what a distinguished individual he was.  

16   And he's the one who told Dr. Martin Luther King, 

17   Don't go to Tennessee.  And others said you've 

18   got to show that you support union sanitation 

19   workers.  And he got killed, he got shot to 

20   death.

21                 What are we doing to ourself?  I 

22   pledge myself that I'll do everything.  I have 

23   biracial children, two adopted -- grandchildren, 

24   by the way.  And they're mine.  At mass on 

25   Sunday, somebody come up to me and said "God, I 


                                                               499

 1   can't believe Grace is this big."  She looks and 

 2   she said, "I'm not this big, I'm THIS big" 

 3   (gesturing).  

 4                We're proud of those children, so 

 5   everybody else should be proud of your own.  And 

 6   these other children are our children.  They're 

 7   our future leaders of this nation.  Get off your 

 8   duffs and start to tell people this is the 

 9   greatest country in the world.  And we're one 

10   nation and we're one community.  We are an 

11   American community.  We are not a divisive 

12   community.

13                I invite you to come to the armory 

14   in Newburgh, and you will find that we don't have 

15   a diversity.  The chess team that went down and 

16   beat New York City, there was 12 of them.  And 

17   there was no picking and, See, there's six of 

18   this and six of this.  Someone said, "How come 

19   you've got six of this and six?  And our chess 

20   champion instructor said, "I don't have six and 

21   six, I have 12."

22                Ladies and gentlemen, it's our job, 

23   it's our responsibility to make sure that people 

24   understand black history is a subject matter of 

25   what happened in the past tense.  It's our job to 


                                                               500

 1   show the future that we love and respect you as 

 2   we do anyone else.

 3                Thank you all.

 4                (Applause.)

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Benjamin.  No?

 7                SENATOR BENJAMIN:   Who did you say?

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Benjamin, we had --

10                SENATOR BENJAMIN:   That's what I 

11   thought.  Because Senator Sanders jumped up.  

12                (Laughter.)

13                ACTING PRESIDENT CROCI:   No, we 

14   have Senator Sanders as well.  

15                Go ahead, Senator Benjamin.

16                SENATOR BENJAMIN:   Thank you, 

17   Mr. President.

18                I rise today to celebrate Black 

19   History Month along with my leader Andrea 

20   Stewart-Cousins and others.  And I want to thank 

21   Senator Larkin for his comments; they're very 

22   timely.  

23                Let me just say that when we came in 

24   here earlier, we pledged allegiance to the flag.  

25   And we said "I pledge allegiance to the flag of 


                                                               501

 1   the United States of America, and to the republic 

 2   for which it stands, one nation under God, with 

 3   liberty and justice for all."

 4                Unfortunately, for too much of 

 5   American history, liberty and justice for all did 

 6   not apply to African-Americans.  And many of us 

 7   fought, many of the generations before us fought 

 8   to try to make this a country where liberty and 

 9   justice was for all.  

10                And I don't want to get into the 

11   back and forth of who did what, but as we move 

12   forward today, I think it's important to remember 

13   there are implications of our history.  And it's 

14   important that we make sure that it is shared.  

15   Because one of the key items that that all comes 

16   back down to is the issue of fairness.  

17                What is fair?  Is it fair that young 

18   kids of color could stay at Rikers Island for 

19   years on end and not have trial?  I don't think 

20   that's fair.  Everyone has to decide what they 

21   believe is fair.  

22                Is it fair that many companies of 

23   MWBE descent haven't had opportunities for 

24   contracts -- state contracts, city contracts, 

25   federal contracts?  And in the RFPs it states, 


                                                               502

 1   well, you need to have experience.  But if you 

 2   didn't have the opportunity before because you 

 3   were prevented from having opportunities such as 

 4   that, how could you have the experience today?  

 5                And so I guess I want us to keep in 

 6   mind that when we talk about our history, it's 

 7   not just a thing of the past.  There are 

 8   implications of that past that carry on into the 

 9   present, and it's incumbent upon us to make sure 

10   that we try to create fairness to compensate for 

11   some of our past indiscretions as a country.  

12                I'm a proud American.  I love this 

13   country.  I love where I was born.  I was born in 

14   Harlem, USA.  I claim Harlem, USA as the black 

15   capital of America.  But I also know that we have 

16   a ways to go to address some of our past 

17   indiscretions as a country.  And for us to do it, 

18   we have to do it together.  All of us have to do 

19   it together.

20                And so just keep that in mind.  I 

21   know it's easy to either just kind of listen to 

22   what people say -- and I know some -- you know, I 

23   know there's a desire to say, Oh, okay, well, 

24   that happened back then.  And I'm not racist, I'm 

25   not this, I'm not that, I'm accepting of 


                                                               503

 1   everyone, so all of that from the past is the 

 2   past, and let's just leave it there.  

 3                And I just want to implore you to 

 4   think about the fact that there are consequences 

 5   to previous decisions.  If you have parents who 

 6   are of a certain mindset and certain skills, you 

 7   benefit from those one way or the other.  This is 

 8   just a part of human nature.  And so as we 

 9   celebrate Black History Month, I want us to all 

10   to keep in mind that when some of us fight so 

11   hard for issues like criminal justice reform and 

12   making sure that people of color get contracts, 

13   get opportunities to participate in the American 

14   economy, try to make sure that people of color 

15   get the opportunity to get pension fund money so 

16   that they can be owners and do amazing things, it 

17   is because we recognize our history and we're 

18   trying to create a more perfect union.

19                Thank you, Mr. President.

20                ACTING PRESIDENT CROCI:   Senator 

21   Sanders.

22                SENATOR SANDERS:   Thank you, 

23   Mr. President.

24                I jumped up earlier because I was 

25   just so in awe of my colleague that I just wanted 


                                                               504

 1   to claim his name.  It didn't work well.

 2                Thank you for the opportunity.  I 

 3   want to thank you, Madam Leader, for bringing 

 4   this to the floor.

 5                Black history is American history.  

 6   American history cannot be separated from black 

 7   history.  In a few seconds, a few moments, I want 

 8   to take you through a tour of some military 

 9   history, since we're speaking of the military 

10   today.  I want to remind us -- and I'm sure 

11   everyone in this body knows -- that the first 

12   person to die for American freedom was Crispus 

13   Attucks.  He was a black man.  The first person 

14   to die for American freedom, up in Boston, was 

15   Crispus Attucks.

16                But there was a time when, in the 

17   military, it was believed that -- in fact, they 

18   didn't want blacks in the military because they 

19   did not think that they would fight.  They 

20   thought they were cowards who would run away.  In 

21   fact, all of the -- although there was enough 

22   history to show a difference, they really thought 

23   that these folk would not fight.  

24                This myth was shattered in the Civil 

25   War by a group known as the 54th Massachusetts 


                                                               505

 1   Colored Regiment.  And the movie Glory was made 

 2   about them.  They were given an impossible task:  

 3   Invade an area where the enemy knows you're 

 4   coming, go after a fortified position where you 

 5   have no shelter, no shade, they have plenty of 

 6   supplies, and we want you to take that.  Suicide.  

 7                They fought, they did amazingly.  

 8   They did not take that position because it simply 

 9   couldn't be taken.  But at the same time the myth 

10   of cowardice with this group went down the drain 

11   at that point.  

12                From there we can go quickly to the 

13   famed Buffalo Soldiers, the "Smoked Yankees" of 

14   the Plains Wars that were fought.  Of course you 

15   couldn't speak of Teddy Roosevelt and his 

16   Rough Riders without realizing he had a portion 

17   of his troops who were black.

18                Speaking of black, Black Jack 

19   Pershing, in World War One, was one of the 

20   military commanders who had black units there.  

21   World War Two saw, of course, the Harlem 

22   Hellfighters, the Tuskegee Airmen, who went out 

23   there and showed the Nazis, the fascists, they 

24   have another thing coming to them when they speak 

25   of a master race.  There was no master race then; 


                                                               506

 1   there is no master race now.  There's the human 

 2   race.

 3                The militaries were united after 

 4   World War Two; segregation in the military was 

 5   ended.  Of course there were fights, and plenty 

 6   of them, for justice and freedom even within the 

 7   service, as there are fights to this day.

 8                My friends, in this short tour that 

 9   we've taken, I trust that I've shown you a little 

10   bit that American history cannot be separated 

11   from black history.  And black history should not 

12   be separated from American history.  We should 

13   applaud all of these histories.  The history of 

14   the black population is a history of this 

15   American experiment.  An experiment.  Not a 

16   perfect thing, an experiment, ways that we can 

17   make society better, ways that we can make the 

18   world better.  And all of us will play our role 

19   in this great experiment.

20                Having said that, sir, I think that 

21   I've experimented enough for the morning.  I 

22   thank you very much, Mr. President, and I shall 

23   take my seat.

24                ACTING PRESIDENT CROCI:   Senator 

25   Bailey.


                                                               507

 1                SENATOR BAILEY:   Thank you, 

 2   Mr. President.  I also rise in support of this 

 3   wonderful resolution.  I'd be remiss in not 

 4   stating that, my leader, you are black history, 

 5   as the first woman to lead a caucus.  I salute 

 6   you.

 7                I salute my mentor in the other 

 8   house, Assembly speaker Carl Heastie, who I 

 9   interned with in 2004.  He is black history.

10                As I walk through the halls and I 

11   see interns and staff members, be reminded that 

12   you are part of black history, we are all part of 

13   black history.  

14                There are pivotal moments in certain 

15   people's lives where they say, Where were you on 

16   this day?  Well, that day for me was November 4, 

17   2008.  Some people say where were you when 

18   Dr. King was killed, where were you when Kennedy 

19   was shot?  Well, I can tell you about November 4, 

20   2008.  

21                Woke up at 6:00 in the morning with 

22   all the vigor in the world, ready to go vote.  

23   Going to my poll site, St. Luke's Episcopal 

24   Church on 222nd Street and Barnes Avenue.  I had 

25   voted in pretty much every election since I was 


                                                               508

 1   able to, so I figured if I got there at 6:00 I'd 

 2   get out at 6:05 and I'd be fine.  But no, there 

 3   was a line -- from 222nd Street to 225th Street, 

 4   three city blocks.  

 5                And usually when you have lines that 

 6   extend three city blocks, there's a level of 

 7   consternation, there's a level of disarray or 

 8   anger.  Not on this day.  Not on November 4, 

 9   2008, when we were primed to elect President 

10   Barack Obama.  

11                That day, going from that line and 

12   waiting on line and speaking to people about how 

13   excited they were, about the opportunity that 

14   they finally had to vote for an African-American 

15   to be the president, to be the leader of a 

16   country that had in the past enslaved them -- 

17   what a moment.

18                That night, watched the election 

19   results and called my grandfather James.  Born in 

20   1929, my grandfather would have never thought to 

21   see the day where a black man would be president 

22   of the United States.  All I heard on the other 

23   end of the line was silence, but it was the most 

24   comfortable silence that I had ever heard.  

25                My grandfather was so happy and so 


                                                               509

 1   proud that day that something that he could never 

 2   imagine, growing up in rural North Carolina, took 

 3   place.  The impossible, some would have it, 

 4   happened.  That's where I was on November 4, 

 5   2008.

 6                On November 5, 2008, I realized why 

 7   we still need to have Black History Month.  I was 

 8   very excited about the election results, but I 

 9   arrived at a place where certain people were not 

10   exactly too happy about that.  And I realized 

11   that we need to come together as one.  

12                Understanding why this is such a 

13   milestone for people of color, whether you voted 

14   for him or not, whether you agree with his 

15   policies or not -- the fact that you don't 

16   understand why it was a milestone is a problem.  

17   We can agree to disagree on many things, but 

18   milestones are milestones.  Accomplishments are 

19   accomplishments.  That's where I was, that 

20   where-were-you moment.

21                Now, in the 21st century way of 

22   thinking, my 3-year-old daughter Giada, the other 

23   day she was going through my phone and she saw a 

24   Bitmoji, she saw a "Celebrate Black History" 

25   Bitmoji and she said, "Dad, what's that?"  "Oh," 


                                                               510

 1   I said, "this is black history."  And she said, 

 2   "What's black history, Dad?  I'm brown."  

 3                You are, my dear.  But part of your 

 4   history as a young African-American and 

 5   Puerto Rican is to understand that what came 

 6   before you will shape where you're going.  

 7                We plant trees under a shade that we 

 8   may never see, but we still plant trees.  Not 

 9   simply for the oxygen that the trees provide so 

10   that we can breathe, not simply for the shade or 

11   the sap if it's a maple tree, or what fruits may 

12   come from it, but we plant that for the next 

13   generation, for my 3-year-old, Giada, and my 

14   1-year-old, Carina, black history is -- again, as 

15   Senator Sanders and everybody else said, it's 

16   American history.

17                And understanding that as they come 

18   into contact with people in other areas and of 

19   other ethnic backgrounds, to be proud of who they 

20   are is very important.  So I ask that we don't 

21   reflect on black history just in February, that 

22   we think about black history as American history 

23   and think about the black people who have done 

24   amazing things to let this country be where we 

25   are today.


                                                               511

 1                You know, last year I spoke about 

 2   Curt Flood, who challenged the reserve clause, 

 3   who is the modern father of free agency.  We have 

 4   to think about these things we think about what 

 5   happens in everyday life.  People of color have 

 6   been involved in the development of this country, 

 7   and don't let anybody ever tell you that it's the 

 8   other way around.  

 9                Thank you, Mr. President.

10                ACTING PRESIDENT CROCI:   Senator 

11   Comrie.

12                SENATOR COMRIE:   Thank you, 

13   Mr. President.  

14                I want to commend Leader Cousins for 

15   doing this annual recognition of Black History 

16   Month.  I want to thank Senator Larkin for his 

17   heartfelt speech and reminding us that we are all 

18   one people and we all need to remind each other 

19   every day that we are one people, in the true 

20   spirit of America.  

21                It's appropriate on Fort Drum Day, 

22   when we honor our military, that they're here 

23   during Black History Month -- American History 

24   Month.  That every day should be about the 

25   history of our people, about what we do as 


                                                               512

 1   Americans, how we bring each other together, how 

 2   we find our common purpose and how we can 

 3   continue to respect our history, acknowledge our 

 4   heroes and sheroes of what has gone on before us.

 5                And as I see the Future Farmers of 

 6   America that are here today also, I would also 

 7   encourage them to explore your history, explore 

 8   and accept your culture, embrace your history, 

 9   embrace your parents' past, embrace your 

10   ethnicity, and always celebrate yourself.  

11                This is a month that is technically 

12   Black History Month, but it's a time for us to 

13   all reflect on who we are and who got us here, 

14   whose shoulders we were able to walk upon and 

15   follow and emulate to give us the wherewithal to 

16   be legislators, to give us the desire to be 

17   public servants, to give us the opportunity to be 

18   elected to office.

19                I've reflected, during this time, on 

20   the people that gave me the idea and inspiration 

21   to be in public service.  I grew up in an 

22   Episcopal church.  My parents have come from 

23   Jamaica, West Indies.  My church, during the time 

24   that I grew up, was a safe haven.  It was a place 

25   where people acted, they didn't talk.  They came 


                                                               513

 1   to church every Sunday, they mentored us by their 

 2   example, they gave us a safe environment to be, 

 3   they gave us people that mentored us in small 

 4   ways and large ways.  I grew up in a church that 

 5   was loving to people that they didn't know, and 

 6   they led by example.  They understood that if 

 7   they looked back and took care of their young 

 8   people, if they looked back and worked in a 

 9   Sunday school, if they looked back and they 

10   worked on the altar, if they looked back and they 

11   were the church treasurer, they took time to 

12   reach down and to let young people know that 

13   there was a living example of steady, 

14   compassionate, dedicated service.

15                And it was that that gave me the 

16   roots to understand that I wanted to be in 

17   service as well.  

18                My parents, the most dedicated 

19   people, that continued to work every day.  We 

20   look to -- oftentimes we look to great heroes and 

21   to illustrious figures, but we have many people 

22   in our communities today that are the real heroes 

23   and sheroes of our community.  And I wanted to 

24   stand up today to just applaud all of them, those 

25   people that set examples by getting up and going 


                                                               514

 1   to work every morning, by getting up and 

 2   volunteering in groups, by getting up and being 

 3   part of civic associations, part of different 

 4   organizations to give back to the youth or help 

 5   seniors.  

 6                Those are our heroes and sheroes.  

 7   Those are the people that we need to make sure 

 8   that we honor on a daily basis.  Those are the 

 9   people that are passing on their culture, passing 

10   on their ethnicity, passing on their history.  

11   And Black History Month is a time to reflect on 

12   all of that.  It's bigger than just one culture 

13   or one people.  It's the understanding that we 

14   all have to move together to make this a better 

15   union, to make this a better country, to make 

16   this a better State Senate, and to make our lives 

17   better for our children.  Because at the end of 

18   the day, we're all trying to make life better for 

19   the next generation.

20                So I stand today to acknowledge 

21   Black History Month and thank the speaker and 

22   thank all the speakers today.  But I just want to 

23   remind us that we're all here to try to do better 

24   for the next generation.  

25                Thank you, Mr. President.


                                                               515

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Parker.

 3                SENATOR PARKER:   Thank you, 

 4   Mr. President.

 5                I guess I rise to add my voice to my 

 6   colleagues who are celebrating Black History 

 7   Month this year.  And let me begin, as many of my 

 8   colleagues did as well, by acknowledging Senator 

 9   Andrea Stewart-Cousins and the amazing work that 

10   she has done as both our leader and as living 

11   history in this body.  

12                We don't think about it, but as I'm 

13   in my 16th year here I've had an opportunity, 

14   over every single time, to vote and elect for an 

15   African-American to lead the Democratic 

16   Conference of the State Senate.  And that's 

17   history within itself.  Right?  That's the 

18   longest contiguous stretch of African-American 

19   leadership in the entire State of New York.  

20   Right?  And so we don't think about the fact that 

21   all of us are part of that history.

22                And I'm going to talk a little bit, 

23   I guess, not just talking about Black History 

24   Month but really using what I think is a more 

25   appropriate phrase in African-American History 


                                                               516

 1   Month.  And I'm changing the lexicon around, 

 2   African-American from black, for very specific 

 3   reasons.  And in part because when you talk about 

 4   African-American, it puts you in a global context 

 5   of understanding that the people that we are 

 6   talking about just don't appear out of nowhere, 

 7   but they come from a very specific place.

 8                Black History Month was created in 

 9   1926 by Carter G. Woodson, a historian, who had 

10   started an organization, the Association for the 

11   Study of African American Life and History.  And 

12   in creating that organization, it really was 

13   about giving African-Americans an understanding 

14   of who they were on not just a global stage, but 

15   historically.  Because there was an attempt to 

16   essentially erase the contributions of African 

17   people from the face of history in this world, 

18   literally.  Literally.  

19                And so it's nice to talk about, you 

20   know, people here and -- you know, and all the 

21   things that are going on, but there really has to 

22   be an understanding about why we celebrate this 

23   month.  This month just doesn't come about 

24   because black people feel bad for themselves 

25   because they've been oppressed and they need 


                                                               517

 1   something to uplift themselves.  But this really, 

 2   in 1926, was about life and death.  This really 

 3   was about people not having access to the 

 4   understanding of history.  

 5                So now we can go back and we can 

 6   name all these people and we understand the 

 7   historical context, but all that comes because 

 8   Carter G. Woodson, you know, decided that this 

 9   was something that needed to be done, and he 

10   decided that that was going to be his 

11   contribution to our history, was to have us 

12   understand and focus on history.  

13                He chose February because of two 

14   reasons, because of the birthday of Lincoln, 

15   which is February 12th, and then the birthday of 

16   Frederick Douglass, which was February 14th.  And 

17   we heard, vis-a-vis Senator Funke's resolution a 

18   couple of weeks ago, about Frederick Douglass and 

19   his contribution.

20                And so this month is critical, but I 

21   want us to understand that the history of 

22   African-Americans doesn't begin in 1619 with the 

23   first ships bringing African people in 

24   enslavement here to the shores of America.  

25   Right?  That the history of African people and 


                                                               518

 1   African-Americans begins in Africa.  And so you 

 2   can't understand African-Americans unless you 

 3   understand Africa.  Right?  

 4                Malcolm X was famous for saying 

 5   that, you know, just because a cat has kittens in 

 6   the oven, it doesn't make them biscuits.  Right?  

 7   We didn't transform ourselves -- we're not -- we 

 8   are people of African descent.  We are African 

 9   people.  Just because we were born here in 

10   America don't make us any less African.  Right?  

11   And the same way you heard Senator Larkin earlier 

12   stand up and refer to himself as being Irish.  

13   Right?  Different oven, different cat, still not 

14   a biscuit.  Right?  

15                African people are no less African 

16   because we were born in North Carolina or Detroit 

17   or New York or Trinidad, Jamaica, Haiti, Cuba or 

18   Brazil.  We're still African people.  And so you 

19   have to understand that history in order to 

20   understand the undergirdings of what you get when 

21   you get here in the United States.

22                And that's part of what Carter G. 

23   Woodson wanted people to understand, is to give a 

24   global and historical context.  When you go and 

25   you look at the great civilizations of the world, 


                                                               519

 1   you know, we often begin with, you know, Greece 

 2   and Rome.  Which are great places to start, 

 3   Senator Gianaris.  But we oftentimes skip over 

 4   Africa, right, the great civilization of Kemet.  

 5   Right?  

 6                The people of Kemet, it says that 

 7   if -- let me just go back and say this.  If you 

 8   want to understand this history, let's go all the 

 9   way back.  And when you find not just the first 

10   humanoid, but when you find the current humanoid, 

11   right, Homo sapiens sapiens, all of those 

12   humanoids are actually found on the continent of 

13   Africa.  Right?  So to the degree we have an 

14   Eden, if Eden exists, right, regardless of what 

15   your religious context is, if Eden exists, Eden 

16   exists on the continent of Africa.  Right?  

17                And those people who started both 

18   Nubia, Kush, and what's called Kemet -- or what 

19   you commonly refer to as ancient Egypt -- say 

20   that they began in a place where they say that we 

21   came from the valley at the base of the Mountain 

22   of the Moon.  Right?  Those of you who know 

23   geography know that the Mountain of the Moon is 

24   Kilimanjaro.  Right?  Functionally becoming the 

25   cradle of civilization, the first significant 


                                                               520

 1   cradle of civilization in the world.

 2                And so when you look at, you know, 

 3   ancient Egypt and you look at the Pyramids and 

 4   the Sphinx and all those things -- Aba symbol -- 

 5   you're talking about African history.  You're 

 6   talking about the underpinnings of where African 

 7   people come from.  African people did not come to 

 8   this continent -- sorry, come -- well, come to 

 9   the New World, let me phrase it that way, come to 

10   the New World tabula rasa -- in Latin, a blank 

11   slate.  Right?  They didn't come here tabula 

12   rasa.  

13                But the history was told to people 

14   in a way that African people had not contributed 

15   anything to the world.  And that was done 

16   systematically in order to justify the 

17   enslavement of African people.  You can't enslave 

18   people and use them as chattel if you first don't 

19   dehumanize them.  Right?  Which is why certain 

20   kinds of names -- people go, like, what's in a 

21   name?  Right?  Shakespeare teaches us a rose by 

22   any other name smells just as sweet.  However, 

23   what Shakespeare misses is that calling something 

24   what it's not allows you to treat it in a 

25   different way.  


                                                               521

 1                And so we don't understand African 

 2   people as people.  Which is why I say, you know, 

 3   African people were never slaves.  They were 

 4   enslaved, but never slaves.  A slave is a thing.  

 5   And they never succumbed to their condition.  

 6                So when you study the history, one 

 7   of the things you find is a history of 

 8   resistance.  African people did not sit on, you 

 9   know, plantations just working day by day and not 

10   fighting back, which is what people would have 

11   you believe.  

12                And that history of fighting, if you 

13   understand African history, is a history that you 

14   see.  But also the history of -- that history of 

15   fighting on the continents is also what allowed 

16   Europeans to come in and exploit that division.  

17   That's why it's important for everyone to 

18   understand the history and understand that Carter 

19   G. Woodson wasn't actually explaining the history 

20   for everybody, he was really saying 

21   African-Americans need to understand their own 

22   history.  Right?  Going back to Egypt.  

23                They say, on one of the important 

24   pyramids, "Know thyself."  Know thyself.  Or, as 

25   my father used to tell me all the time, how do 


                                                               522

 1   you know where you're going if you don't know 

 2   where you've been?  And if you don't know where 

 3   you're going, then any road will take you there.  

 4   Right?  

 5                And so African-American History 

 6   Month is an opportunity for us to begin looking 

 7   at our own history as people of African descent.  

 8                And Senator Sanders is absolutely 

 9   right that African-American history is certainly 

10   American history and certainly ought to be not 

11   just studied as a discrete course, but also 

12   integrated into all of the courses that are 

13   taught, not just K through 12, but also in our 

14   universities.  

15                I'm supportive of a bill that 

16   Senator Hamilton has that actually would require 

17   African-American history to be taught in our 

18   public schools.  It's certainly something that we 

19   should be thinking about taking up this session 

20   and making it the law in the State of New York, 

21   being that, you know, we feel so good about 

22   African-American History Month today.  Maybe 

23   we'll take it up.  We've got -- what's today's 

24   date?  We've got about 21 more days, or something 

25   like that, to take it up.  Let's take that bill 


                                                               523

 1   up and pass it on the floor of the Senate as a 

 2   worthy tribute.  

 3                Senator Larkin challenged us to do 

 4   something.  What are we doing about 

 5   African-American history, he said.  Here's an 

 6   opportunity for us to do something.  Take up 

 7   Senator Hamilton's bill, let's pass it, let's 

 8   make African-American history a required course 

 9   in every single school in the State of New York.  

10   Because that history is American history, and 

11   people have to understand that context.  

12                By understanding that history, you 

13   understand certain things like, for instance, the 

14   role of the black church.  Oftentimes we talk 

15   about the black church, we think that -- we talk 

16   about the black church as a default institution.  

17   We talk about it like the only thing that black 

18   people could do is go to church, so that's why 

19   they organize in churches now.  

20                And although that's logical from the 

21   history, it's actually wrong.  And you have lots 

22   of great historians who get this point absolutely 

23   wrong.  And they get it wrong because they begin 

24   in 1619 instead of going back to Egypt.  

25                If you look at great 


                                                               524

 1   civilizations -- not just Egypt, but you look at 

 2   the Mali Empire, not to be confused with Mali the 

 3   country, which actually took its name from the 

 4   empire.  If you look at the great Ghana Empire -- 

 5   again, the country of Ghana took its name from 

 6   the Empire of Ghana.  Right?  If you look at the 

 7   Yoruba societies, right, the Akan, the Fulani, 

 8   the Twa, right, the Khoisan people, who were the 

 9   first people on the planet, right, who you refer 

10   to as the pygmies, right, when you look at these 

11   societies, they are very spiritual societies.  In 

12   fact, they have no secular societies in 

13   traditional African culture.  Which means that 

14   nothing exists outside of God.  

15                So that when African people get here 

16   and they start getting introduced to God, they're 

17   like, Oh, yeah.  Yeah, we know who God is.  We 

18   got that.  Oh, in fact we organize everything 

19   under God.  That in fact you look at the Yoruba 

20   people and you find somebody called the Oluwo 

21   Ifa, who is their spiritual leader.  He's both 

22   president and pope.  Amongst the Akan people in 

23   Ghana, right, you have the Asantehene.  And the 

24   Asantehene is both president and pope.  

25                So then when you come here and you 


                                                               525

 1   start -- you know, people are enslaved and they 

 2   have rebellions, who are they organizing under?  

 3   Nat Turner, Gabriel Prosser, Denmark Vesey, to 

 4   name a few.  All what?  Pastors.  Because for 

 5   African people, you can't have -- leadership is 

 6   not divine leadership.  

 7                It is not any mistake that you in 

 8   fact find that the first thing that Marcus 

 9   Garvey, who creates the largest black 

10   organization in the world, the UNIA, the 

11   Universal Negro Improvement Association -- the 

12   first thing he creates is the African Orthodox 

13   Church.  Right?  It is the African Orthodox 

14   Church and the army he produces that produces a 

15   gentleman named the Honorable Elijah Muhammad, 

16   which creates the Nation of Islam, and which 

17   Malcolm X comes out of.  

18                Right?  And so there's a lineage 

19   that is connected in this history that comes out 

20   of the fact that African people really understand 

21   and have what I refer to as an African spiritual 

22   epistemology.  That is, they understand truth and 

23   knowledge vis-a-vis their relationship to the 

24   spirit world.  

25                And so it doesn't really matter what 


                                                               526

 1   religion it is, right, they're not organized 

 2   around religion.  They happen to be primarily 

 3   Christians and Protestants, because that was what 

 4   they had exposure to.  But most of you know that 

 5   50 percent of the Muslim population in the United 

 6   States is African-American.  Right?  What you 

 7   don't find is the National Association of Black 

 8   Atheists.  

 9                But again, this is something that 

10   you only would know and understand if in fact you 

11   study the history.  Right?  And that history then 

12   allows us to understand the way in which we need 

13   to interact with people and how people move 

14   through the world.  

15                And so as I close, I challenge us 

16   not just to look at the famous names and places 

17   of people -- certainly people like Sojourner 

18   Truth and Harriet Tubman, Nat Turner, Gabriel 

19   Prosser, Denmark Vesey, Booker T. Washington, 

20   W.E.B. Du Bois, Medgar Evers, Marcus Mosiah 

21   Garvey, Honorable Elijah Muhammad, Martin Luther 

22   King, Ralph Abernathy, Stokely Carmichael.  Not 

23   only are these names important, just as 

24   individual heroes and sheroes of African-American 

25   movement, but to really understand the context in 


                                                               527

 1   which African-Americans have moved and how they 

 2   have contributed to the larger society.  

 3                Certainly people like the first 

 4   African-American president are critical for us to 

 5   understand.  But even he comes out of -- you 

 6   know, one of the big debates was about his church 

 7   upbringing.  Which was critical for him, because 

 8   he needed to in fact give the signal to 

 9   African-Americans that, look, I'm one of y'all.  

10   I'm one of y'all.  Right?  

11                And so this becomes, I think, an 

12   opportunity, a jumping-off point.  This shouldn't 

13   be the end of our conversation about 

14   African-American history, but this month should 

15   become the jumping-off point from which we 

16   integrate African-American history and 

17   understanding throughout the year.  Which then 

18   also allows us to add other people's 

19   understanding to the conversation.  And that's 

20   what becomes the beauty and really the strength 

21   of America.  

22                So despite what we see, you know, 

23   coming out of Washington, really the strength of 

24   America, or what Senator Sanders calls this great 

25   American experiment, is about the strength in our 


                                                               528

 1   diversity.  Right?  The fact that we are stronger 

 2   together.  And that by working together, we can 

 3   go further.  They say the -- let me end with this 

 4   African proverb.  If you want to go fast, go 

 5   alone.  If you want to go far, go together.  

 6                Thank you, Mr. President.

 7                (Applause.)

 8                ACTING PRESIDENT CROCI:   A brief 

 9   announcement.  There will be an Investigations 

10   Committee Meeting immediately following session, 

11   instead of the original scheduled time, in the 

12   LOB in Room 816.  And that's again the 

13   Investigations Committee.

14                With that, Senator Hamilton.

15                SENATOR HAMILTON:   Mr. President, I 

16   rise for Black History Month.  And I welcome all 

17   the young boys and girls in the gallery for being 

18   here, up in Albany, in the Senate chambers.  

19                And I just wanted to follow up with 

20   Senator Parker and follow up with Senator Larkin.  

21   And Senator Larkin asked us, what are we doing 

22   about black history?  What are we doing to make 

23   America great?  

24                And so I -- in Albany, a young lady 

25   came to my office and she said, "Senator 


                                                               529

 1   Hamilton, how come in school the only thing we 

 2   learn about black history is slavery, Martin 

 3   Luther King, Frederick Douglass, and Harriet 

 4   Tubman?"  And I said to myself, you know, why are 

 5   we only teaching a limited amount of facts of 

 6   what African-Americans have contributed to 

 7   America?  

 8                And then I had some young ladies 

 9   come for a hackathon from Brownsville to Medgar 

10   Evers College, and they came to Medgar Evers 

11   College, and I asked them, "Do you know where 

12   you're at?"  And they said, "We're at Medgar 

13   Evers College."  And then I asked the young 

14   ladies, "Do you know who Medgar Evers was?"  And 

15   none of them could mention Medgar Evers' name.  

16                And through that, I said black 

17   history should not be only once a month, the 

18   shortest month of the year, but black history 

19   should be taught in our classes from kindergarten 

20   through high school.  

21                And so when Senator Larkin asked 

22   what are we doing to make America better, what we 

23   can do is incorporate the accomplishments of 

24   African-Americans in our schoolbooks so our young 

25   boys and girls can see positive images of 


                                                               530

 1   themselves when they go to school.

 2                So I plead upon my colleagues in the 

 3   Senate that when this bill comes up to introduce 

 4   African-American history not just one day, one 

 5   month out of the year, but all through the school 

 6   year from kindergarten through 12th grade, we can 

 7   incorporate what we've done in math, in science, 

 8   literature, like Langston Hughes.  

 9                So we have contributed so much, but 

10   for some reason black history is excluded from 

11   the history of our state and of our country.  So 

12   I plead upon everybody and my Senators to vote on 

13   the bill that will include black history in our 

14   curriculum and have more diversity in how we 

15   teach each other, and to make this country a 

16   better country where we're all working together 

17   peacefully rather than working apart.  

18                Thank you everyone, and thank you 

19   for everybody coming here today.  Thank you, take 

20   care.

21                (Applause.)  

22                ACTING PRESIDENT CROCI:   No other 

23   members wishing to be heard?  Okay.  

24                Okay.  The question now is on the 

25   resolution.  All in favor please signify by 


                                                               531

 1   saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CROCI:   Opposed, 

 4   nay.

 5                (No response.)

 6                ACTING PRESIDENT CROCI:   The 

 7   resolution is adopted.

 8                Senator Stewart-Cousins has agreed 

 9   to open this resolution up for cosponsorship.  If 

10   a member would like to be a cosponsor, they 

11   should notify the desk.

12                Senator Funke.

13                SENATOR FUNKE:   Mr. President, we 

14   have several groups in the gallery that we want 

15   to recognize today, including some important 

16   youth groups that are here.  Would you call on 

17   Senator Akshar for that.

18                ACTING PRESIDENT CROCI:   Senator 

19   Akshar for purposes of an introduction.

20                SENATOR AKSHAR:   Mr. President, 

21   thank you very much for your indulgence.  

22                It is certainly a busy day here in 

23   this chamber, but nonetheless it's a great day.  

24   I'm reminded, by the conversations that we're 

25   having down here on the floor, how incredibly 


                                                               532

 1   blessed I am to be serving in this great house.  

 2                It's a great day for our young 

 3   people to be in this chamber.  We are talking 

 4   about and celebrating Fort Drum, Black History 

 5   Month.  We're talking about history, we're 

 6   talking about service, talking about diversity.  

 7   And you can feel the passion regardless of what 

 8   people are talking about.  

 9                And today I'm standing up to 

10   acknowledge a group of young people who have a 

11   great deal of passion in everything that they do.  

12   Mr. President, we have with us the New York State 

13   Reality Check Regional Youth Advocates of the 

14   Year.  

15                And Reality Check, as many of us 

16   know in this room, is a youth action program that 

17   is funded by the New York State Department of 

18   Health, Bureau of Tobacco Control.  And they aim 

19   to decrease tobacco use in youth and protect our 

20   youth from exposure to tobacco marketing.  

21                Smoking costs the taxpayers of this 

22   state nearly $10.4 billion a year.  Of course we 

23   know how big the budget is, but I'm not here to 

24   acknowledge budget deficits or talk about numbers 

25   today, I am here to talk about the good work that 


                                                               533

 1   all of our young people are doing.

 2                And I want to acknowledge them 

 3   because I'm proud of the work that they are doing 

 4   in their respective communities, specifically in 

 5   Senate District 52 and throughout this great 

 6   state.  So if you'll indulge me, I want to give a 

 7   brief shout-out.  And I'll ask you to stand if 

 8   you're in the audience, of course.  

 9                The Capital Region Youth Advocate, 

10   Mikhail Hailu -- if I didn't say that right, I 

11   apologize -- Schuylerville Central School.  The 

12   Western Region Youth Advocate, Zoe Kaminski, 

13   Depew High School.  Morrow Region Youth Advocate 

14   of the Year Ryan Minard, Wallkill Senior High 

15   School.  And finally, the Central Region Youth 

16   Advocate of the Year, Jacob Brady, from Johnson 

17   City High School, repping SD 52 like a champ.  

18   Thank you, I'm glad to see you're doing well.  

19                Let me just talk about Jacob if I 

20   may, very briefly.  All of the young people who 

21   are standing -- and Senator Funke I know is going 

22   to acknowledge others -- are incredibly talented, 

23   they're passionate, they're motivated young 

24   people.  And Jacob, I just want to acknowledge 

25   your good work back home in Senate District 52.  


                                                               534

 1                You have engaged local community 

 2   leaders, which is not always an easy thing to do, 

 3   especially when you're a young person.  To my 

 4   understanding, you didn't shy away from the news 

 5   media either, which isn't always our friend, of 

 6   course.  I'm glad you took the message right to 

 7   the media and you made sure that they understood 

 8   what you stood for.  

 9                And thanks to your good work, it's 

10   my understanding that the mayor in Johnson City 

11   has listened to you, and he's currently working 

12   with the village board and they're exploring 

13   licensing tobacco retailers.  

14                I also want to give a shout-out to 

15   Keonna Browne -- Keonna, stand up -- statewide 

16   Honorable Mention Youth Advocate from Binghamton 

17   High School, doing remarkable work.

18                So I want to thank all of you for 

19   the work that you're doing.  I want to thank the 

20   advocates that are with you.  

21                I tell young people all the time 

22   when I'm back at home, you can do anything you 

23   want in life, you can accomplish whatever it 

24   is -- and this is for all of the young people 

25   that are in the chamber today -- if you do two 


                                                               535

 1   things.  If you work hard and you dream big, you 

 2   can accomplish whatever it is that you set out to 

 3   do.  

 4                I would argue that you're already 

 5   doing those things.  You're already working 

 6   incredibly hard and you're dreaming big because 

 7   you are incredibly successful.  

 8                So our future is in good hands 

 9   because of the hard work that all of you young 

10   people are doing.  And please know that you 

11   always have the support of Team Akshar.

12                Mr. President, thank you for your 

13   indulgence.

14                ACTING PRESIDENT CROCI:   Not at 

15   all, we are -- oh, Senator Funke.

16                SENATOR FUNKE:   Thank you, 

17   Mr. President.  I wanted to take the opportunity 

18   to recognize Lauren Sibel, a senior at Pittsford 

19   Sutherland High School, on her outstanding 

20   achievement in being awarded Reality Check of 

21   New York's Youth Advocate of the Year Award for 

22   her outstanding advocacy on the numerous and 

23   deadly effects of tobacco use.  

24                Due to Lauren's advocacy efforts 

25   over the three years that she was involved in the 


                                                               536

 1   Monroe County Reality Check program, the program 

 2   has seen outstanding growth and great success.  

 3   Monroe County is truly lucky to have you, Lauren, 

 4   and we thank you for being here today and we 

 5   thank all of the advocates for being with us 

 6   today.  

 7                And perhaps they could stand, 

 8   Mr. President.

 9                ACTING PRESIDENT CROCI:   On behalf 

10   of the Senate, we are very proud to be honoring 

11   today Reality check and all of the youth 

12   advocates, their volunteers and chaperones and 

13   faculty who make this possible.  We'd ask you all 

14   to please stand and be recognized by this body.  

15                (Standing ovation.)

16                ACTING PRESIDENT CROCI:   Senator 

17   Funke.

18                SENATOR FUNKE:   Mr. President, 

19   would you now call on Senator Gianaris to 

20   introduce a group in the gallery.

21                ACTING PRESIDENT CROCI:   Senator 

22   Gianaris, for purposes of an introduction.

23                SENATOR GIANARIS:   Thank you, 

24   Mr. President.  

25                There's been numerous references 


                                                               537

 1   this session to the young people who are in our 

 2   gallery, and I want to thank them for their 

 3   patience.  They've seen a number of remarks and 

 4   legislative activity today, and they're here to 

 5   learn.

 6                I have a group from Western Queens 

 7   here called the Growing Up Green Middle School.  

 8   They come here every year.  They are a great part 

 9   of Western Queens, and a school that hasn't been 

10   around for too many years -- we were there at its 

11   opening.  But they're doing terrific work, and 

12   their student government is here to watch us work 

13   today.  In fact, I think one of them chose to 

14   vote on the last resolution when you asked who 

15   was in favor.  

16                (Laughter.)

17                SENATOR GIANARIS:   So they're 

18   getting ready.  

19                But I do want to acknowledge their 

20   presence here.  We have the entire student 

21   government here, but particularly I want to call 

22   out President Piyush Barua, Secretary Megan 

23   Tehomilic, 8th Grade Rep Elly Tuffy, 7th Grade 

24   Rep Dina O'Leary.  Alex Gobright is the teacher 

25   and staff sponsor for the student government, 


                                                               538

 1   who's also come with them.  And of course my good 

 2   friend Erin Acosta, who is the community and 

 3   family engagement coordinator.  And they're also 

 4   joined by several of their parents as well as 

 5   other students.  

 6                So, Mr. President, if you would 

 7   extend the courtesies of the house to them and 

 8   welcome them once again here to the Senate 

 9   chamber, I would appreciate it.

10                ACTING PRESIDENT CROCI:   We would 

11   like to extend our congratulations to all of the 

12   individuals who have come from Growing Up Green 

13   Middle School, students from student government.  

14   We extend to you the privileges and courtesies of 

15   the house -- oh, there you are, sorry.  And we 

16   would ask that you all please stand so that this 

17   body may acknowledge you.

18                (Applause.)

19                ACTING PRESIDENT CROCI:   Senator 

20   Funke.

21                SENATOR FUNKE:   Mr. President, can 

22   we take up previously adopted Resolution Number 

23   3374, by Senator Ritchie, read the title only, 

24   and then call on myself to speak about that.  

25   Thank you.


                                                               539

 1                ACTING PRESIDENT CROCI:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 3374, by Senator Ritchie, 

 5   memorializing Governor Andrew M. Cuomo to 

 6   proclaim February 17-24, 2018, as FFA Week in the 

 7   State of New York.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Funke.

10                SENATOR FUNKE:   Mr. President, I 

11   rise today to recognize not only FFA Week but 

12   also to welcome guests from FFA chapters from 

13   across the state.  

14                We all know that farmers have one of 

15   the hardest jobs there is, working from sunup 

16   till sundown growing fresh healthy food that 

17   feeds people from across the globe.  

18                My dad was a vegetable farmer, so I 

19   can attest to what it's like to do the weeding 

20   and the watering and the picking.  That's why I 

21   find it so admirable that these young people who 

22   are visiting us today have decided to be part of 

23   New York State's leading industry.  

24                The skills these students are 

25   developing through FFA are helping them not only 


                                                               540

 1   to learn about farming, but also to learn about 

 2   being leaders.  And when you meet these young 

 3   people, they are so incredibly impressive.  

 4                As a member of the Senate 

 5   Agriculture Committee, I am proud to work with 

 6   Chairwoman Ritchie and my colleagues to encourage 

 7   young people to join the ranks of our hardworking 

 8   farmers.  And I know that because of their hard 

 9   work and interest in farming, the future of this 

10   industry in New York State is in good hands.  

11                The theme of this year's FFA Week is 

12   "I can, we will."  I'd like to thank the students 

13   here today and all of those who are part of FFA 

14   across the state for their desire to be part of 

15   the changing face of agriculture, and for being a 

16   key part of making sure that this industry 

17   remains vibrant for many years to come.  

18                You can, and you will.  And we need 

19   to do our part in the Legislature as well.

20                Thank you, Mr. President.

21                ACTING PRESIDENT CROCI:   Senator 

22   Golden on the resolution.

23                SENATOR GOLDEN:   Thank you, 

24   Mr. President.

25                I rise and I look up into the 


                                                               541

 1   gallery and I see so many young minds that are 

 2   sitting up there observing all of our statesmen 

 3   today, whether it was on Black History Month, 

 4   with Senator Stewart-Cousins and Senator Larkin, 

 5   and of course Camp Drum Day, our military and the 

 6   great work that they do, not just for our state 

 7   but for our nation and for the world.

 8                And of course I have a great school 

 9   up there from Brooklyn, we have a charter school 

10   up there, the Hellenic Classical Charter School 

11   in Brooklyn.  Christina Tettonis is the 

12   principal, and Mrs. Kapetanakis is the leading, I 

13   guess, principal as well for the Hellenic School.  

14                Give these kids a round of applause, 

15   ladies and gentlemen, for their great work in 

16   being here today and observing our statesmen and 

17   observing what's going on here, as well as our 

18   farmers.  

19                I've got to tell you, I shook your 

20   hands downstairs, I've seen the future of this 

21   great state and the future of our country coming 

22   into the 21st century.  You are going to lead 

23   that great economics that we will have here, the 

24   the driving economics from farming that you will 

25   bring to it.  


                                                               542

 1                And I'm impressed when I talk to 

 2   each and every one of you.  From our Hellenic 

 3   School here in Brooklyn to our farmers across our 

 4   great state, I am impressed with all of these 

 5   young minds.  And we have more young minds up 

 6   here.  Stand up, all you farmers.  Get up there, 

 7   all these farmers.  Up, up, up, up, up, up, up.  

 8   Come on.  The Future Farmers of America.  

 9                Give it up for our charter school, 

10   give it up for our Future Farmers of America, 

11   ladies and gentlemen, up behind us here as well.  

12                (Standing ovation.)

13                SENATOR GOLDEN:   Thank you, God 

14   bless you, and keep up your great work.  You're 

15   learning a lot here today.  You see what a great 

16   state we live in, and you're going to make it 

17   that much better a place to live, to raise a 

18   family, and to stay in this great, great state.  

19                Thank you, and God bless you.

20                ACTING PRESIDENT CROCI:   Senator 

21   Funke.

22                SENATOR FUNKE:   Mr. President, can 

23   we now take up the noncontroversial reading of 

24   the calendar.

25                ACTING PRESIDENT CROCI:   First, the 


                                                               543

 1   resolution, having been previously adopted, is 

 2   open for cosponsorship.  If you would like to be 

 3   a cosponsor, please notify the desk.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 20, 

 6   by Senator Peralta, Senate Print 7292, an act to 

 7   amend a chapter of the Laws of 2017.

 8                ACTING PRESIDENT CROCI:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the same date and in the 

12   same manner as a chapter of the Laws of 2017.

13                ACTING PRESIDENT CROCI:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT CROCI:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 27, 

20   by Senator LaValle, Senate Print 7299, an act to 

21   amend the New York State Urban Development 

22   Corporation Act.

23                ACTING PRESIDENT CROCI:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               544

 1   act shall take effect on the same date and in the 

 2   same manner as a chapter of the Laws of 2017.

 3                ACTING PRESIDENT CROCI:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Sanders to explain his vote.

 8                SENATOR SANDERS:   Thank you, 

 9   Mr. President.

10                I am not clear on why we need to put 

11   this -- we all voted, we said this was a good 

12   thing, we said that we will have regional 

13   revolving loan funds.  And I have no idea why we 

14   are putting this off.  

15                The need for the funds is there.  I 

16   suspect that the state has the money for the 

17   funds.  If that's the case, need and the money, 

18   let's put the money out.

19                Thank you very much, Mr. President.

20                ACTING PRESIDENT CROCI:   Senator 

21   Sanders will be recorded in the negative.

22                Announce the result.

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

24   Senator Sanders recorded in the negative.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               545

 1   is passed.

 2                THE SECRETARY:   Calendar Number 84, 

 3   by Senator Funke, Senate Print 839, an act to 

 4   amend the Agriculture and Markets Law.

 5                ACTING PRESIDENT CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CROCI:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT CROCI:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   141, by Senator Marchione, Senate Print 1048, an 

17   act to amend the Highway Law.

18                ACTING PRESIDENT CROCI:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT CROCI:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               546

 1                ACTING PRESIDENT CROCI:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   153, by Senator Croci, Senate Print 945, an act 

 5   to amend the Public Health Law.

 6                ACTING PRESIDENT CROCI:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT CROCI:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT CROCI:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   178, by Senator Griffo, Senate Print 2421, an act 

18   to amend the Banking Law.

19                ACTING PRESIDENT CROCI:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT CROCI:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               547

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Kavanagh to explain his vote.

 3                SENATOR KAVANAGH:   Thank you, 

 4   Mr. President.

 5                I commend the intent of the sponsor 

 6   of this bill to ensure that certain situations 

 7   where somebody is attempting to rob a financial 

 8   institution may be threatening violence but not 

 9   actually displaying a weapon, that that crime be 

10   treated in a manner similar to other Class E 

11   felonies.  

12                However, I believe this bill goes 

13   too far in that direction by essentially making 

14   it a Class E felony if you steal the property 

15   that is owned by any banking institution or 

16   credit union.  It does not seem to restrict 

17   itself to a situation where there's a threat of 

18   violence.  

19                It does not even seem to restrict 

20   itself to what we typically think of as a bank 

21   robbery.  It seems to me that under this bill it 

22   would be a Class E felony to steal a pencil or a 

23   chair from a banking institution.  

24                So while I applaud the sponsor for 

25   the effort, and the Credit Union Association -- 


                                                               548

 1   some of my favorite institutions in my own 

 2   district are credit unions -- I think this bill 

 3   is off the mark, and I'll be voting no.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Kavanagh to be recorded in the negative.

 6                Announce the result.

 7                THE SECRETARY:   In relation to 

 8   Calendar 178, those recorded in the negative are 

 9   Senators Comrie, Hoylman, Kavanagh, Montgomery 

10   and Sanders.

11                Ayes, 55.  Nays, 5.

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   187, by Senator Felder, Senate Print 3241, an act 

16   to amend the General City Law.

17                ACTING PRESIDENT CROCI:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CROCI:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               549

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   193, by Senator Larkin, Senate Print 2387, 

 4   Concurrent Resolution of the Senate and Assembly.

 5                ACTING PRESIDENT CROCI:   Please 

 6   call the roll on the resolution.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT CROCI:   The 

10   resolution is passed.

11                THE SECRETARY:   Calendar Number 

12   195, by Senator Helming, Senate Print 4539, an 

13   act to amend the Real Property Law.

14                ACTING PRESIDENT CROCI:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CROCI:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT CROCI:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   206, by Senator Valesky, Senate Print 1860, an 


                                                               550

 1   act to amend the Canal Law.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT CROCI:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   208, by Senator Griffo, Senate Print 2539, an act 

14   to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               551

 1   210, by Senator O'Mara, Senate Print 4086A, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT CROCI:   The bill 

12   is passed.

13                Senator Funke, that completes the 

14   reading of the noncontroversial calendar.

15                SENATOR FUNKE:   Mr. President, one 

16   more reminder.  Investigations is going to meet 

17   following session in Room 816 in the Legislative 

18   Office Building.  

19                Is there any further business at the 

20   desk?

21                ACTING PRESIDENT CROCI:   There is 

22   no further business before the desk.

23                SENATOR FUNKE:   I move we adjourn 

24   until Monday, February 12th, at 3:00 p.m., 

25   intervening days being legislative days.


                                                               552

 1                ACTING PRESIDENT CROCI:   On motion, 

 2   the Senate stands adjourned until Monday, 

 3   February 12th, at 3:00 p.m., intervening days 

 4   being legislative days.

 5                (Whereupon, at 1:27 p.m., the Senate 

 6   adjourned.)

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