Regular Session - March 19, 2018

                                                                   1279

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 19, 2018

11                      3:37 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25


                                                               1280

 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 and recite with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT CROCI:   In the 

 9   absence of clergy, I ask today that we remember 

10   the four members of the New York State Air 

11   National Guard Rescue Wing who perished in Iraq 

12   in a helicopter crash and, in addition, their two 

13   comrades from the 308th Rescue Squadron in 

14   Florida:  Captain Andreas O'Keeffe, of Center 

15   Moriches, New York; Captain Christopher Zanetis, 

16   of Long Island City, New York; Master Sergeant 

17   Christopher Raguso, of Commack, New York; and 

18   Staff Sergeant Dashan Briggs, of Port Jefferson 

19   Station, New York.  

20                They would want also to be 

21   remembered with their comrades from Florida:  

22   Master Sergeant William Posch, of Indialantic, 

23   Florida, and Staff Sergeant Carl P. Enis, of 

24   Tallahassee, Florida.

25                The mission statement of the 106th 


                                                               1281

 1   Rescue Wing is "That others may live."  And the 

 2   members who were killed in that helicopter crash 

 3   died precisely for that, that others may live.  

 4   We pay tribute with this moment of silence to 

 5   their courage, their selflessness, and sacrifice 

 6   that they have made for the United States of 

 7   America and our way of life.

 8                (Whereupon, the assemblage respected 

 9   a moment of silence.)

10                ACTING PRESIDENT CROCI:   The 

11   reading of the Journal.

12                THE SECRETARY:   In Senate, Sunday, 

13   March 18th, the Senate met pursuant to 

14   adjournment.  The Journal of Saturday, 

15   March 17th, was read and approved.  On motion, 

16   Senate adjourned.

17                ACTING PRESIDENT CROCI:   Without 

18   objection, the Journal stands approved as read.

19                Presentation of petitions.

20                Messages from the Assembly.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports from 

25   state officers.


                                                               1282

 1                Motions and resolutions.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Would you 

 4   please recognize Senator Valesky, please.

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Valesky.

 7                SENATOR VALESKY:   Thank you, 

 8   Mr. President.

 9                On behalf of Senator Avella, I move 

10   that Senate Bill 6617A be discharged from its 

11   respective committee and be recommitted with 

12   instructions to strike the enacting clause.

13                ACTING PRESIDENT CROCI:   So 

14   ordered.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Would you now 

17   recognize Senator Gianaris, please.

18                ACTING PRESIDENT CROCI:   Senator 

19   Gianaris.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.  

22                On behalf of Senator Rivera, on 

23   page 27 I offer the following amendments to 

24   Calendar 368, Senate 169A, and ask that said bill 

25   retain its place on the Third Reading Calendar.


                                                               1283

 1                ACTING PRESIDENT CROCI:   So 

 2   ordered.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Excuse me, 

 5   I'm very busy.  I'm trying to plug in something.  

 6   Okay, great.  Thank you.

 7                Could we now take up the 

 8   noncontroversial reading of the calendar.

 9                ACTING PRESIDENT CROCI:   The 

10   Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   247, by Senator Amedore, Senate Print 898, an act 

13   to amend the Mental Hygiene Law.

14                SENATOR DeFRANCISCO:   Please lay 

15   the bill aside for the day.

16                ACTING PRESIDENT CROCI:   The bill 

17   will be laid aside for the day.

18                THE SECRETARY:   Calendar Number 

19   251, by Senator Akshar, Senate Print 6544A, an 

20   act to amend the Mental Hygiene Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT CROCI:   Call the 


                                                               1284

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Akshar to explain his vote.

 5                SENATOR AKSHAR:   Thank you, 

 6   Mr. President, for your indulgence.  I appreciate 

 7   it very much.  

 8                Many of you have heard me say this 

 9   many times in the past, and I believe it as I 

10   stand here today, that I think the heroin 

11   epidemic is the single greatest health crisis 

12   that we are currently facing in our time.  No 

13   matter where you are across this state, 

14   communities are being ravaged by this epidemic.  

15                And one thing that we have heard 

16   over and over in our travels on the Senate's Task 

17   Force on Heroin and Opioid Addiction is that 

18   people who are desperately attempting to get into 

19   treatment are being taken advantage of.  Think 

20   about this.  Thousands of people across this 

21   great state are trying to get themselves into 

22   treatment, but yet there is a portion of society 

23   who is trying to prey upon them.  

24                And this predatory practice, quite 

25   frankly, capitalizes on and exploits families, 


                                                               1285

 1   like Mark and Nicole Peet and their son Zack and 

 2   everything that they have been through.  It 

 3   capitalizes on and exploits people while they are 

 4   trying to get into treatment.  And quite frankly, 

 5   it puts patients at risk of receiving 

 6   inappropriate treatment.  

 7                So today's legislation makes it a 

 8   crime for people who are intentionally preying on 

 9   those who are seeking treatment.  And I would say 

10   this, that if there's any issue that this house 

11   or the other house has moved forward on in a 

12   bipartisan fashion, it's just this.  It's dealing 

13   with the heroin and the opioid crisis.  

14                So I would respectfully offer to all 

15   of my colleagues here, regardless of our 

16   politics, regardless of what side of the aisle we 

17   sit on, whether you're from Brooklyn, from 

18   Binghamton or from Buffalo, this is a piece of 

19   legislation that we can all agree upon.  And I'm 

20   urging and encouraging everybody in this house to 

21   vote yes.

22                Mr. President, I vote aye.

23                ACTING PRESIDENT CROCI:   Senator 

24   Akshar to be recorded in the affirmative.

25                Announce the result.


                                                               1286

 1                THE SECRETARY:   Ayes, 46.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   352, by Senator Little, Senate Print 2253B, an 

 6   act to amend the Private Housing Finance Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT CROCI:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 46.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   379, by Senator Little, Senate Print 7439A, an 

19   act to authorize.

20                ACTING PRESIDENT CROCI:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CROCI:   Call the 

25   roll.


                                                               1287

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 46.

 3                ACTING PRESIDENT CROCI:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   423, by Senator Robach, Senate Print 7549, an act 

 7   authorizing.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT CROCI:   The bill 

10   will be laid aside.

11                THE SECRETARY:   Calendar Number 

12   530, by Senator Hannon, Senate Print 6358, an act 

13   to amend the Public Health Law.

14                ACTING PRESIDENT CROCI:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  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, 46.

22                ACTING PRESIDENT CROCI:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   590, by Senator Valesky, Senate Print 6967, an 


                                                               1288

 1   act to amend the Not-For-Profit Corporation Law.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 46.

10                ACTING PRESIDENT CROCI:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   604, by Senator Marcellino, Senate Print 1149, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 46.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1289

 1   608, by Senator Carlucci, Senate Print 6832A, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Carlucci to explain his vote.

12                SENATOR CARLUCCI:   Thank you, 

13   Mr. President.

14                I want to thank my colleagues for 

15   supporting this important legislation.  

16                This is Bryan Johnson's Law.  And 

17   this is named after Bryan Johnson, who was a real 

18   leader in our community and unfortunately was 

19   taken from us -- it will be six years this 

20   June -- when he was killed in a tragic boating 

21   accident.

22                And this really shook our community 

23   in Ossining.  And his mother Sheila and his 

24   grandmother Thomasina I worked with over the past 

25   few years to say we've got to turn this 


                                                               1290

 1   tragedy -- turn it around and make sure that more 

 2   innocent people don't have to die.  

 3                Unfortunately, we realized that we 

 4   were lagging in so many issues dealing with 

 5   common sense when it comes to boater safety.  In 

 6   2013, we worked to pass legislation that would 

 7   require basic boater safety education before you 

 8   got into a boat.  

 9                And this legislation that we're 

10   working on right here, we're passing today, would 

11   allow for a judge, when they're sentencing 

12   someone for a DWI, to consider a BWI as well.  

13   And the reason is because when a judge is 

14   considering this, it doesn't matter what vehicle 

15   you're driving, if it's a boat or if it's a 

16   car -- the judge is looking at that pattern.  

17                And we need to add some common sense 

18   to our legislation to make sure that we're 

19   sending a message that when you get on a boat, 

20   that you don't leave your common sense ashore.  

21                So we're hopeful that this 

22   legislation will pass in the Assembly as well and 

23   really make sure that we remember Bryan Johnson.  

24                Bryan Johnson had a real contagious 

25   smile.  And in fact, he worked at the Doubletree 


                                                               1291

 1   in Tarrytown, New York, and if you go there, 

 2   you'll see a portrait of him.  And they have done 

 3   a scholarship in his name.  And part of the 

 4   requirements is that you have a beautiful smile.  

 5                And he really gave everything he had 

 6   when he was working or in the community.  He was 

 7   saying he was going to be the mayor.  And 

 8   unfortunately, he died when he was 26 years old.  

 9                And we've seen that over the past 

10   decade there's been over 200 fatalities in our 

11   waterways.  And we have some of the most 

12   beautiful waterways in the nation, whether it's 

13   the Hudson River, the Finger Lakes, the 

14   Great Lakes.  We want to enjoy them.  It's a 

15   $2 billion industry here in New York State.  But 

16   we need to make sure that they're safe.  

17                So I want to thank my colleagues for 

18   supporting this legislation.  I want to thank 

19   Bryan Johnson's family for staying on top of this 

20   and working to make sure that we can take Bryan 

21   and use him as an example of what good can 

22   happen, and make sure that he didn't die in vain.

23                So thank you for supporting this 

24   legislation.  Mr. President, I'll be voting in 

25   the affirmative.  


                                                               1292

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Carlucci to be recorded in the affirmative.

 3                Announce the result.

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   611, by Senator Amedore, Senate Print 7741, an 

 9   act to amend the Highway Law.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CROCI:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   617, by Senator Boyle, Senate Print 642, an act 

22   to amend the Penal Law.

23                ACTING PRESIDENT CROCI:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               1293

 1   act shall take effect on the 180th day.

 2                ACTING PRESIDENT CROCI:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you, 

 8   Mr. President.

 9                I'll be voting in the affirmative in 

10   support of the bill, but I just wanted to go on 

11   record that it is so important to understand that 

12   this bill requires that the intent is to do harm 

13   to someone.  

14                Because we probably all know stories 

15   of young people with cameras and various social 

16   media accounts who sometimes send things about 

17   themselves or others that, frankly, if they 

18   weren't teenagers they would realize was a stupid 

19   thing to do, but was not done with intent or 

20   malice.  

21                So I do support this bill, but I 

22   think it's very important to highlight for people 

23   that this bill would only apply a criminal 

24   statute if the intent was proven, and in 

25   many of these cases I think we would find that 


                                                               1294

 1   that isn't the story with young people; they're 

 2   just not using enough common sense in an age 

 3   where technology lets all kinds of photos and 

 4   other exhibits get out there into the internet 

 5   world without anybody stopping and thinking 

 6   first.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Krueger to be recorded in the affirmative.

10                Announce the result.

11                THE SECRETARY:   Ayes, 58.  Nays, 1.  

12   Senator Montgomery recorded in the negative.

13                ACTING PRESIDENT CROCI:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   623, by Senator Lanza, Senate Print 2627, an act 

17   to amend the Penal Law.

18                ACTING PRESIDENT CROCI:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT CROCI:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CROCI:   Senator 


                                                               1295

 1   Krueger to explain her vote.

 2                SENATOR KRUEGER:   Thank you, 

 3   Mr. President.

 4                This is a bill I am voting against, 

 5   even though I understand the goal and intent of 

 6   the sponsor.  

 7                But again, in contrast to the last 

 8   bill, where I explained why I could vote yes, I 

 9   fear that in an era where we already see too many 

10   people being discouraged or threatened from 

11   coming forward about things that have happened to 

12   them, particularly sexual attack and harassment 

13   and violence, that this bill, although I don't 

14   believe it's the intent of the sponsor, would 

15   translate into people being afraid of coming 

16   forward for fear that if for some reason they 

17   weren't found to have the evidence in a court of 

18   law, that they might be at risk of a penalty 

19   against them.

20                So yes, of course there's the rare 

21   scenario where somebody comes forward with a 

22   false accusation.  The data and research shows 

23   that the vast majority of the time people are 

24   being truthful about what happened, but it 

25   doesn't mean they're being heard or listened to 


                                                               1296

 1   or can win their case.

 2                So I think that this would have the 

 3   intent of potentially freezing people who have 

 4   been victims of crime from going forward with 

 5   their accusations, which is why I'm voting no.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Krueger to be recorded in the negative.

 9                Senator Hoylman to explain his vote.

10                SENATOR HOYLMAN:   Thank you, 

11   Mr. President.  

12                I concur with my colleague Senator 

13   Krueger.  This bill, although well-intentioned, 

14   is a classic case of a solution in search of a 

15   problem.  

16                The statistics show that false 

17   reporting in crimes of sexual abuse is only about 

18   2 to 6 percent of the cases, and there's really 

19   no evidence that this is a problem in New York.  

20   The sponsor's memo refers, in fact, to the 

21   infamous Duke University rape case, which was 

22   over a decade ago, about 625 miles from New York.  

23   So this is not a New York problem.  

24                And I'd also note, Mr. President, 

25   that few if any states actually have this kind of 


                                                               1297

 1   statute.  In fact, New York has already a statute 

 2   for crimes of filing a false instrument, which is 

 3   only a misdemeanor.  This legislation would make 

 4   falsely accusing someone of a crime a Class E 

 5   felony, which is way too extreme, in my opinion.

 6                And finally, I would also say that 

 7   in this era and this national conversation about 

 8   victims' rights around the area of sexual 

 9   assault, we need to be doing more to bring these 

10   cases forward, not chilling victims from speaking 

11   out about being abused.

12                So I vote in the negative.  Thank 

13   you, Mr. President.

14                ACTING PRESIDENT CROCI:   Senator 

15   Hoylman to be recorded in the negative.

16                Announce the result.

17                THE SECRETARY:   In relation to --

18                ACTING PRESIDENT CROCI:   Hold on.  

19   The Secretary will suspend.

20                Senator Kaminsky to explain his 

21   vote.

22                SENATOR KAMINSKY:   Thank you.

23                I'd like to address my remarks to my 

24   colleagues across the aisle.  We're taking the 

25   step today of making filing a false report an E 


                                                               1298

 1   felony.  Right now if you sign on a corroborating 

 2   statement doing something knowingly false, it's 

 3   an A misdemeanor.  We're going to elevate it to a 

 4   felony.  

 5                But what's not a crime in New York, 

 6   but is a federal crime, is lying to an 

 7   investigator who interviews you.  So right now 

 8   the FBI knocks on your door, they say "You don't 

 9   have to talk to us, and it's a crime if you lie.  

10   We'd like to ask you some questions," people 

11   often talk to them.  People often make false 

12   statements to them.  That's charged under 

13   18 U.S.C. 1001.  It has been the basis for many 

14   important corruption investigations, white-collar 

15   investigation and the like, in our state.  

16                More often, however, it leads to 

17   truthful information which helps investigations 

18   get off the ground.  It's used constantly.  It is 

19   an excellent tool.  And there's no reason not to 

20   want to do it.  You just have to tell the truth 

21   or exercise your constitutional right.  But you 

22   don't have a right to lie.

23                So today we're saying if you sign a 

24   piece of paper down at the police station and 

25   it's false, you'll be charged.  However, we have 


                                                               1299

 1   this imbalance where if an investigator knocks on 

 2   your door and asks you a question, you can lie 

 3   right to that person's face with impunity.  

 4                I have a bill that would make lying 

 5   to a district attorney, a district attorney 

 6   investigator or assistant district attorney a 

 7   crime.  And that's something that we should be 

 8   advancing if you want to get at corruption, 

 9   financial corruption, political corruption or 

10   otherwise in our state.  

11                It's weird that we have it 

12   federally, we don't have it in our state.  

13   New York should catch up.  And I think it's 

14   something that hopefully this bill today can 

15   build upon.  

16                I vote in the affirmative.  Thank 

17   you.

18                ACTING PRESIDENT CROCI:   Senator 

19   Kaminsky to be recorded in the affirmative.

20                Announce the result.

21                THE SECRETARY:   In relation to 

22   Calendar 623, those recorded in the negative are 

23   Senators Benjamin, Gianaris, Hoylman, Kavanagh, 

24   Krueger, Montgomery, Parker and Sanders.  Also 

25   Senator Bailey.


                                                               1300

 1                Ayes, 50.  Nays, 9.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                Senator DeFrancisco, that concludes 

 5   the reading of the noncontroversial calendar.

 6                SENATOR DeFRANCISCO:   Could you 

 7   please take up the controversial bill.

 8                ACTING PRESIDENT CROCI:   Very good.  

 9   The Secretary will ring the bell.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   423, by Senator Robach, Senate Print 7549, an act 

13   authorizing.

14                ACTING PRESIDENT CROCI:   Senator 

15   Krueger, why do you rise?

16                SENATOR KRUEGER:   I would like to 

17   ask the sponsor a question, please.

18                ACTING PRESIDENT CROCI:   Would the 

19   sponsor be willing to yield for a question?  

20                SENATOR ROBACH:   Absolutely.

21                ACTING PRESIDENT CROCI:   The 

22   sponsor yields.

23                SENATOR KRUEGER:   Thank you.

24                So the sponsor carries this bill and 

25   then another bill which would exempt those 


                                                               1301

 1   21 years old and over from being required to wear 

 2   helmets while operating motorcycles.  So given 

 3   that you have a bill that would exempt people 

 4   from helmet wearing, what would be the purpose of 

 5   this bill's study?  

 6                SENATOR ROBACH:   This bill, very 

 7   simply, would really have motorcycle usage, 

 8   helmets studied -- I think they are somewhat 

 9   related, but at the same time separate -- to 

10   determine -- right now I think the federal 

11   standard says 12 miles an hour is what a helmet 

12   has to be certified for to be legal.  

13                There's a question of if you have a 

14   full-face helmet, how it might hook on a curb, a 

15   part of the vehicle in a collision, how people 

16   could be safer, how -- and I do think there is a 

17   correlation between wearing a helmet and not -- 

18   many people who ride, and I'm a rider, feel that 

19   equally as important in a low-impact or a slow 

20   crash, which most of them aren't, you're better 

21   off being able to hear and see all around you so 

22   you avoid the collision altogether.

23                I would like some more information.  

24   As the chair of Transportation, many bike riders 

25   have asked me to put this bill in to study what 


                                                               1302

 1   the efficiency is of the current federal statutes 

 2   on helmet usage.  

 3                And if I could be so bold, could I 

 4   ask Senator Krueger a question?

 5                ACTING PRESIDENT CROCI:   Will the 

 6   member yield for a question?  

 7                SENATOR KRUEGER:   Certainly.

 8                ACTING PRESIDENT CROCI:   Yes.

 9                SENATOR ROBACH:   What model Harley 

10   do you ride, Senator Krueger?  

11                (Laughter.)

12                ACTING PRESIDENT CROCI:   Through 

13   the chair, please, Senator.  

14                SENATOR ROBACH:  I'm only kidding.   

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, since according to the 

17   research I stand about a 50 times increased 

18   chance of getting harmed if I rode a motorcycle 

19   versus not riding a motorcycle, I choose not to 

20   ride motorcycles.  Thank you.

21                On the bill, Mr. President.

22                ACTING PRESIDENT CROCI:   Senator 

23   Krueger on the bill.

24                SENATOR KRUEGER:   Appreciate the 

25   sponsor's answers, and I'm going to try to be 


                                                               1303

 1   concise.

 2                There is enormous research done by 

 3   the federal government, by the Highway Safety 

 4   Institute, by the Insurance Institute for Highway 

 5   Safety, by medical researchers, by the CDC -- the 

 6   reports go on and on about the correlation 

 7   between riding motorcycles without helmets versus 

 8   riding them with helmets.

 9                And New York State is one of the 

10   states in the country that requires a full helmet 

11   for every rider of motorcycles.  And I believe 

12   that the research confirms that's exactly where 

13   we should be in New York State.

14                So while I'm always open to the 

15   possibilities we could come up with better ways 

16   to protect people when they're riding 

17   motorcycles, I would be very disturbed if any 

18   kind of study that was done by the state was done 

19   to allow people to ride without full helmets or 

20   without helmets at all, as some states have done.  

21                Because the research shows us that 

22   the likelihood of dying in a crash or doing 

23   serious brain injury to oneself rises enormously 

24   without full helmets; that the economic costs to 

25   our healthcare system rise dramatically with the 


                                                               1304

 1   kinds of crashes that take place when you don't 

 2   wear full helmets; that motorcycles are already 

 3   responsible for a far greater percentage of the 

 4   accidents by vehicle than cars or other kinds of 

 5   vehicles.  

 6                But happily, with helmets you stand 

 7   a better chance of not killing yourself and not 

 8   doing enormous brain injury damage to yourself.

 9                So frankly, I had endless research 

10   to offer, but I know we have an important guest 

11   with a train to get on, so I'm just going to be 

12   clear:  I don't think New York State should do 

13   anything to decrease the amount of helmet 

14   protection we offer to our people.  

15                And I would encourage the sponsor to 

16   read the many medical research findings to 

17   realize that we should be proud of the fact that 

18   New York is one of the states that has this law 

19   down correctly, and we shouldn't mess with it.

20                So I vote no, Mr. President.  Thank 

21   you.

22                ACTING PRESIDENT CROCI:   Senator 

23   Robach.

24                SENATOR ROBACH:   Yeah, just very 

25   quickly.  


                                                               1305

 1                Low impact -- I don't want to 

 2   belabor the point either, though I will say to 

 3   you that Senator Krueger pointed out we're one of 

 4   the few states left that has a helmet law.  And 

 5   in terms of deaths, there does not seem to be any 

 6   increase -- Florida, Texas, other states where 

 7   people ride year-round, have year mileage.  

 8                Even though this debate isn't about 

 9   this, this would be studying the facts of what 

10   would be the safest helmet and, if at all, you 

11   really are in a quicker -- in a faster impact in 

12   terms of fatalities on the road.  So I just point 

13   that out.  

14                While there are studies that show at 

15   lower speeds it can be helpful, when it comes to 

16   fatalities, there really doesn't seem to be any 

17   correlation whatsoever.  And I just wanted to add 

18   that in, because that's also very important 

19   factual information.  And this would only be for 

20   riders over 21, not junior riders.  

21                ACTING PRESIDENT CROCI:   Seeing no 

22   other members wishing to speak, the Secretary 

23   will ring the bell.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:    


                                                               1306

 1   Mr. President, there are a bunch of members that 

 2   are on the second floor right now.  And I know we 

 3   have a gallery full of people waiting on a 

 4   resolution.  

 5                So could we lay aside the vote and 

 6   take up a resolution.  And the resolution is --

 7                ACTING PRESIDENT CROCI:   The vote 

 8   will be laid aside momentarily.  

 9                Motions and resolutions.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   And the 

12   resolution was previously adopted, 4151, by 

13   Senator Montgomery.  Would you please read it in 

14   its entirety and call on the Senator to speak.

15                ACTING PRESIDENT CROCI:   The 

16   Secretary will read.  

17                Excuse me, Secretary suspend.  

18                May we have order in the chamber 

19   while the Secretary makes the reading and the 

20   presentation.  Very good.  

21                The Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 4151, by Senator Montgomery, 

24   honoring Dr. Hazel N. Dukes upon the occasion of 

25   her designation as recipient of the Empire State 


                                                               1307

 1   and Nation Builder Award by the New York State 

 2   Association of Black and Puerto Rican 

 3   Legislators, in conjunction with the observance 

 4   of Women's History Month.  

 5                "WHEREAS, The State of New York is 

 6   home to countless women who have contributed to 

 7   the advancement of our culture through both their 

 8   traditional and nontraditional roles in society; 

 9   and 

10                "WHEREAS, This Legislative Body is 

11   justly proud to honor Dr. Hazel N. Dukes upon the 

12   occasion of her designation as recipient of the 

13   Empire State and Nation Builder Award by the New 

14   York State Association of Black and Puerto Rican 

15   Legislators, Inc., at its 47th Annual Scholarship 

16   Gala on Sunday, February 18, 2018, in conjunction 

17   with the observance of Women's History Month; and 

18                "WHEREAS, Hazel N. Dukes was born to 

19   Edward and Alice Dukes on March 17, 1932, in 

20   Montgomery, Alabama; aspiring to become a 

21   teacher, she attended Alabama State Teachers 

22   College in 1949, before moving to New York City 

23   with her parents in 1955; and 

24                "WHEREAS, While majoring in business 

25   administration at Nassau Community College, Hazel 


                                                               1308

 1   N. Dukes became the first black American to gain  

 2   a position at the Nassau County Attorney's Office 

 3   in 1966; additionally, she taught children living 

 4   in poverty as a community organizer for the 

 5   Nassau County Economic Opportunity Commission 

 6   (EOC); and 

 7                "WHEREAS, Hazel N. Dukes graduated 

 8   with a bachelor's degree in business 

 9   administration from Adelphi University in 1978, 

10   during which time she worked for the New York 

11   City Off-Track Betting Corporation (NYCOTB); in 

12   1990, Mayor David Dinkins appointed Hazel Dukes 

13   as president of NYCOTB; and 

14                "WHEREAS, While she found great 

15   success in business, Hazel N. Dukes was also 

16   working for the NAACP, participating in many 

17   marches; she was president of the Great Neck, 

18   Manhasset, Port Washington, Roslyn chapter, and 

19   served as national president of the organization 

20   from 1989 to 1992; and 

21                "WHEREAS, In 1990, Hazel N. Dukes 

22   was awarded an honorary doctor of laws degree 

23   from the City University of New York School of 

24   Law, and in 2009 was conferred the honorary 

25   doctor of humane letters from Medgar Evers 


                                                               1309

 1   College, Brooklyn, New York; and 

 2                "WHEREAS, Dr. Hazel N. Dukes 

 3   currently serves as president of the NAACP 

 4   New York State Conference as well as a member of 

 5   the NAACP National Board of Directors and NAACP 

 6   Executive Committee; and 

 7                "WHEREAS, Founded on February 12, 

 8   1909, the  NAACP is the nation's oldest, largest, 

 9   and most widely recognized civil rights 

10   organization; following in the footsteps of 

11   W.E.B. Du Bois, Ida B. Wells-Barnett, and Mary 

12   Church Terrell, Dr. Hazel Dukes continues the 

13   NAACP's historic leadership to ensure political, 

14   educational, social and economic equality and 

15   justice; and 

16                "WHEREAS, A true asset to society, 

17   Dr. Hazel N. Dukes is a member of the National 

18   Council of Negro Women, Inc., the National Black 

19   Leadership Commission on AIDS, Inc., and the 

20   Executive Committee of the American Baptist 

21   Churches, USA; and 

22                "WHEREAS, Dr. Hazel N. Dukes is the 

23   proud recipient of numerous awards and accolades, 

24   including the Ellis Island Medal of Honor, YWCA 

25   City of New York John La Farge Memorial Award for 


                                                               1310

 1   Interracial Justice, Guy R. Brewer Humanitarian 

 2   Award, and the 2007 The Network Journal's 25 Most 

 3   Influential Black Women in Business Award; and 

 4                "WHEREAS, Furthermore, Dr. Hazel N. 

 5   Dukes' biography has been selected for 

 6   publication in many journals and directories, 

 7   including the Fisk University Library, Minority  

 8   Women Contribution, American Biographical 

 9   Institute Personalities of Northeast, Who's Who 

10   Among American Women and Who's Who Among Black 

11   Women; and 

12                "WHEREAS, It is the sense of this 

13   Legislative Body that those who enhance the 

14   well-being and vitality of their community and 

15   have shown a long and sustained commitment to 

16   excellence certainly have earned the recognition 

17   and applause of all the citizens of this great 

18   Empire State; now, therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to honor 

21   Dr. Hazel N. Dukes upon the occasion of her 

22   designation as recipient of the Empire State and 

23   Nation Builder Award by the New York State 

24   Association of Black and Puerto Rican 

25   Legislators, Inc., in conjunction with the 


                                                               1311

 1   observance of Women's History Month; and be it 

 2   further 

 3                "RESOLVED, That a copy of this 

 4   resolution, suitably engrossed, be transmitted to 

 5   Dr. Hazel N. Dukes."

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Montgomery.

 8                SENATOR MONTGOMERY:   Thank you, 

 9   Mr. President.  

10                And thank you to my colleagues who 

11   are joining me today in honoring this absolutely 

12   unbelievably -- Woman of Distinction of New York 

13   State.

14                Hazel Dukes has been so continuously 

15   outspoken on issues across our state for people 

16   who basically very often didn't have their own 

17   voice.  And it's been for children, it's been for 

18   young people, it's been for criminal justice, 

19   it's been for civil rights -- all of those issues 

20   that are so important to our communities across 

21   the state.  So we honor you and thank you today, 

22   Hazel.  

23                And let me just say I've stood in 

24   the rain on very cold days with her, I've stood 

25   on very hot days with her, any number of times 


                                                               1312

 1   when she was leading the charge on behalf of the 

 2   people of the State of New York.  So we shall 

 3   never forget and certainly don't underestimate 

 4   the importance of your leadership, your courage, 

 5   and your tenacity and your fire on behalf of 

 6   people in the State of New York.

 7                I want to just acknowledge members 

 8   of the statewide NAACP organization are here 

 9   today in the gallery for sure.  Thank you very 

10   much for your representing the oldest and largest 

11   civil rights organization in the nation.  

12                And she is joined here on the floor 

13   with Mr. Geoffrey Eaton, who is the first vice 

14   president of the New York State Conference, and 

15   she is joined by Karen Blanding, who is the 

16   second vice president, and also our very own -- 

17   from the Borough of Brooklyn, County of Kings, L.  

18   Joy Williams, who is the president of the 

19   Brooklyn branch of the NAACP.

20                Thank you all for attending and, 

21   most importantly, for the phenomenal woman of 

22   this hour, Hazel Dukes.  Thank you, and 

23   congratulations.

24                Thank you, Mr. President.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               1313

 1   Benjamin.

 2                SENATOR GIANARIS:   Thank you, 

 3   Mr. President.

 4                I rise today to let everyone in this 

 5   chamber know that Hazel N. Dukes is my 

 6   constituent.  She represents the Village of 

 7   Harlem, and she does it incredibly well.  

 8                I also want to let you know that she 

 9   recently turned 86 years old, 86 years old.

10                (Applause.)

11                SENATOR BENJAMIN:   And let me give 

12   you a little bit of information on what she 

13   spends her time doing at the age of 86.  I've 

14   spent most of my time with Dr. Hazel N. Dukes on 

15   the community board, Community Board No. 10.  

16   I've always known her as a living legend, a 

17   leader in the NAACP fighting for justice for us 

18   all around the world.  

19                But I met her really on Community 

20   Board No. 10, which she somehow finds the time to 

21   serve as the chair of the health committee for a 

22   community board in Manhattan.  And on that 

23   community board, she is a lioness.  I mean, there 

24   is no issue that she doesn't take on.  

25                But I have a funny story that I want 


                                                               1314

 1   to share with you.  She's summoned a lot of us to 

 2   her house one day -- by the way, I'm the chair of 

 3   the board.  I was the chair of Community Board 

 4   No. 10 because she put me there.  But she 

 5   summoned us to her house and she was all up in 

 6   arms because on 135th Street and Lenox, there was 

 7   all this garbage outside.  And she had already 

 8   been telling the mayor what he needs to do, but 

 9   she felt that we needed to do more and we needed 

10   to get these garbage bins, those big-bellied 

11   garbage bins.  

12                And so we're -- so she's, you know, 

13   she's just letting us know what needs to happen.  

14   And "Mr. Chair, you do this" and -- very 

15   respectful.  It looks like she respects me though 

16   she's really in charge.  I just think it's a 

17   wonderful thing that she does that.  

18                (Laughter.)

19                SENATOR BENJAMIN:   "Mr. Chair, you 

20   need to do this, and everyone needs to do that."  

21                Next thing you know, Hillary 

22   Clinton's calling her on the phone, she has to 

23   step out for a second because I guess Hillary 

24   wanted her to introduce her at something.  And 

25   then she comes backs in and she's back on the 


                                                               1315

 1   issue:  Sanitation, cleanliness in Harlem.  

 2                I mean, that is what you want in a 

 3   public servant.  You know, some people use public 

 4   service for self-aggrandizement.  They get some 

 5   positions, and then they're off in the clouds.  

 6   Whereas Hazel lives on 135th and Lenox.  And 

 7   while she might hang out with the celebrities and 

 8   do all these amazing things on behalf of this 

 9   country, she knows where she lives and she does 

10   the real work on the ground.  And that's what 

11   I've learned from Hazel N. Dukes.  

12                And that is why, in my opinion, 

13   she's a living legend.  Congratulations, Hazel N. 

14   Dukes.  I am honored to be your State Senator.

15                (Applause from gallery.)

16                ACTING PRESIDENT CROCI:   Senator 

17   Parker.

18                SENATOR PARKER:   Thank you, 

19   Mr. President.

20                I could do no less but to stand to 

21   add my voice to those who are congratulating 

22   Dr. Hazel N. Dukes upon the occasion of her 

23   designation as recipient of the Empire State and 

24   Nation Builders Award during the Black, 

25   Puerto Rican, Hispanic and Asian Legislators 


                                                               1316

 1   Caucus this year.

 2                First let me thank my colleague 

 3   Senator Velmanette Montgomery for bringing 

 4   forward this legislative resolution so that we 

 5   can have this time to give Dr. Dukes her flowers 

 6   while she's here with us.  

 7                But -- I'm being formal because 

 8   we're on the floor of the State Senate, but, you 

 9   know, when we're in the community, we don't call 

10   her Dr. Dukes.  She is Mama Dukes.  And we want 

11   to thank Mama Dukes today for all that she has 

12   done.  

13                And I think you've heard all of the 

14   accolades around the things that she's done in 

15   terms of community service.  Her work around 

16   civil rights is absolutely legendary.  And I 

17   think all of those things are really not even 

18   spoken about as much as she's done.  This is 

19   somebody who has been engaged for really almost 

20   50 years in civil rights nationally.  And you 

21   hear from Senator Benjamin that that work even 

22   extends down to doing this day-to-day stuff on 

23   her community board.  And it's like, you know, 

24   who has time to do all of those things and pays 

25   attention?  


                                                               1317

 1                Really what I want to speak about is 

 2   not what you already know -- we already know that 

 3   she's an outspoken campaigner on behalf of 

 4   African-Americans and other underprivileged and 

 5   underrepresented groups.  We know that she is 

 6   somebody who has been a person who has been a 

 7   voice that speaks truth to power.  We know that 

 8   Dr. Dukes really has been an opponent to policies 

 9   that undermine the achievements of civil rights, 

10   but more importantly has been somebody who has 

11   stood up for civil rights and has spoken to the 

12   issues that we need to deal with like what we're 

13   seeing in the budget this year with early voting.  

14   That has been one of the things that she has been 

15   talking about in the state for a long time.

16                You know, I don't want to speak to 

17   the things you know already about her political 

18   career, her 30 years of service in terms of 

19   Head Start, the work that she's done with Nassau 

20   County Economic Opportunity Commission, with the 

21   Nassau County Democrats.  I mean, you know, we 

22   can spend all day even talking about the fact 

23   that she's been one of the 20th century's most 

24   important civil rights leaders in this entire 

25   country.


                                                               1318

 1                What the resolution and her 

 2   accolades and her bio don't speak to is the kind 

 3   of people-to-people connection that she has made 

 4   with people not just around the state but around 

 5   the country.  

 6                And let me just speak personally 

 7   that from the moment that I really got acquainted 

 8   with Ma Dukes 20 years ago working on Hillary 

 9   Clinton's campaign, that there's never been a 

10   time when she hasn't individually pulled me aside 

11   to tell me what I should be doing.  

12                And those of you who know her know 

13   that she's done that with every single one of us, 

14   is that if you don't -- if you're not clear, if 

15   you're not clear about your assignment -- and one 

16   of the things they talk about in the Baptist 

17   Church already is your assignment.  Everybody has 

18   come to this planet with an assignment.  And if 

19   you're not clear about what your assignment is, 

20   apparently Ma Dukes' assignment is to make sure 

21   you know what your assignment is.  And if you're 

22   not working on your assignment, she certainly is 

23   helpful with some corrective action.  

24                And there's not one time that she 

25   has led me astray or not set the course straight 


                                                               1319

 1   with me with my assignment.  And for that, I 

 2   thank you, for that I love you, and for the times 

 3   that I have done things that are not quite right, 

 4   it's because I have not been, you know, attentive 

 5   enough to the things that she's told me and the 

 6   ways that she's tried to put me, you know, on the 

 7   right course.  Because every single time she's 

 8   put me on the right course, it's been the right 

 9   course.  

10                And so thank you so much for all 

11   that you have done for our community, all you 

12   have done for our people, and all you've done for 

13   the people of the great State of New York.

14                God bless you.

15                ACTING PRESIDENT CROCI:   Senator 

16   Stewart-Cousins.

17                SENATOR STEWART-COUSINS:   Thank 

18   you, Mr. President.

19                I rise also to really, first of all, 

20   thank Senator Montgomery.  Because Senator 

21   Montgomery, as iconic as she is in these 

22   chambers, has always said, you know, what are we 

23   going do, what are we going to do for Hazel, what 

24   are we going to do for Dr. Dukes?  

25                And frankly, as much as we do, it's 


                                                               1320

 1   never really enough.  Because the life that you 

 2   have led has been nothing but one of commitment, 

 3   one of giving, one of consciousness, and one of 

 4   always moving the ball forward.  And whether you 

 5   are correcting people and explaining what their 

 6   role was to be in life, what their assignment is, 

 7   or whether you could just be a support for 

 8   somebody who knew what their assignment was, you 

 9   have always filled that role.

10                And as I've had a chance -- as many 

11   of my colleagues have had and spoken so 

12   eloquently -- to speak about you, you know -- and 

13   by the way, we speak about in February, you know, 

14   we speak about black history, in March it's 

15   women's history.  The fact that we have you to 

16   speak to and speak of, frankly, is a privilege 

17   for each and every one of us.

18                I did not want to miss the 

19   opportunity to say thank you, to tell you how 

20   important you are as a role model, to thank you 

21   for the people that you have continued to 

22   nurture.  Because many of the young women who are 

23   on the scene -- I see L. Joy Williams, Tamika 

24   Mallory -- so many are your mentees.  And we 

25   thank you for not only staying on task, having a 


                                                               1321

 1   vision for the future, but also making sure that 

 2   you have the time to make sure that when, when 

 3   you are not here -- and I can't even imagine life 

 4   without you -- that there will be people, as the 

 5   NAACP has continued to do, to carry the torch.

 6                Thank you for all that you've done, 

 7   and congratulations.  We can never thank you 

 8   enough.

 9                (Applause.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Bailey.

12                SENATOR BAILEY:   Thank you, 

13   Mr. President.

14                We don't -- we shouldn't throw the 

15   title "legend" around loosely.  You know, Michael 

16   Jordan is a legend, Magic Johnson was a legend.  

17                Hazel Dukes is a legend, folks.  

18   Let's make no mistake about it.  She is of that 

19   ilk, she is of that significance, she is of that 

20   magnitude.  

21                And I don't have the luxury, like 

22   Senator Benjamin, to have her in my district, but 

23   she comes up to mine.  And sometimes you get 

24   star struck in this business.  And the first time 

25   I met the governor or I met this person and that 


                                                               1322

 1   person, you're like, wow.  The first time Hazel 

 2   Dukes said my name -- "Senator Bailey, could you 

 3   come here for a second?"  Me?  Hazel Dukes knows 

 4   my name?  The legend Hazel Dukes knows my name.  

 5   That means I'm doing something okay.

 6                Shirley Chisholm once said that if 

 7   they don't have a seat at the table, you bring a 

 8   folding chair.  Well, Ms. Dukes, you have brought 

 9   many, many, many folding chairs, and you have 

10   taught other young women to not only bring those 

11   folding chairs to the table but to sit them 

12   down -- like Leader Stewart-Cousins said, Tamika 

13   Mallory, when she was being honored at an event 

14   in the Bronx, she referenced your name no less 

15   than 10 times about how influential you were for 

16   her.

17                And when you gave your speech about 

18   how important it was to vote, a generation of 

19   fourth-graders who maybe know you, if at all, in 

20   name only, stood to their feet in celebration of 

21   you.  

22                That is the impact that you have on 

23   this world.  That is the impact that you've had 

24   on me.  And I'm lucky to know you.  God bless 

25   you.  And thank you for everything that you do.


                                                               1323

 1                (Applause.)

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Kennedy.

 4                SENATOR KENNEDY:   Thank you very 

 5   much, Mr. President.

 6                I have got to say, first and 

 7   foremost, how honored and privileged I am to 

 8   stand here among greatness.  Dr. Hazel Dukes, 

 9   words cannot describe how extraordinary of a life 

10   not only you have lived, but the people that you 

11   have touched, not only in this great state but 

12   clearly in this extraordinary nation.

13                I want to thank our colleague 

14   Senator Montgomery.  And I want to thank, of 

15   course, Harlem's finest, Brian Benjamin, your 

16   godson Senator Benjamin.  All of my colleagues, I 

17   put my words with theirs, associate my words with 

18   theirs.

19                You know, the resolution today, as 

20   fitting and as articulate and eloquent as it is, 

21   still leaves so much, because Dr. Dukes has done 

22   so much for all of us.  No matter who we are, no 

23   matter where we come from, no matter what our 

24   background is, no matter what our ethnicity is, 

25   no matter what our gender is, no matter what our 


                                                               1324

 1   sexual orientation may be, no matter what our 

 2   religion may be, Dr. Hazel Dukes has epitomized 

 3   what it means to be a leader in the State of 

 4   New York and in this great nation.

 5                She has always acted as a strong 

 6   moral compass, for us in leadership here in the 

 7   state and in the nation to follow suit.  Whether 

 8   it's her fight for civil rights and human rights, 

 9   voting rights, criminal justice reform, the 

10   rights of the poor, the neediest, the most 

11   vulnerable in our communities, children and 

12   women, she has always done so with great 

13   respect and dignity.

14                She has also always done so keeping 

15   her faith at the center of the decisions that she 

16   makes, always having that moral compass led 

17   through her faith in Jesus Christ.

18                Recently Dr. Hazel Dukes came up to 

19   Buffalo and visited ELIM Christian Fellowship 

20   Church with me.  And I had never seen her in 

21   action.  But I will tell you what -- well, I've 

22   seen her in action; I have never seen her in 

23   action like this.  Dr. Hazel Dukes brought the 

24   house down, to the extent that the bishop of ELIM 

25   Church said "You all got your word today."  


                                                               1325

 1                She speaks from the heart, she 

 2   speaks from the mind, she speaks for all of us.  

 3   And as much as this resolution encapsulated her 

 4   extraordinary life, it left out one magnificent 

 5   piece of history I'd like to bring to everyone's 

 6   attention, that as a child coming up in Alabama, 

 7   Dr. Hazel Dukes' own life was touched by another 

 8   legend in our country, as she was taught in 

 9   Sunday school by a nation builder, a change 

10   maker, and a civil rights legend:  Rosa Parks.  

11                Not only did that help her, but it 

12   should show each and every one of us that every 

13   single thing that we do, whether we're in this 

14   auspicious chamber making decisions on the 

15   20 million people that depend on us to do what's 

16   right by them and their families in our 

17   communities respectively -- but it also shows us 

18   that when we're out in the community every single 

19   thing that we do to touch another one's life does 

20   make a difference.

21                Dr. Hazel Dukes, I'm honored to be 

22   your friend.  I'm honored to see you here in the 

23   chamber with us today.  Thank you for everything 

24   that you have done for all of us, for this great 

25   state and for this great nation.  We are forever 


                                                               1326

 1   indebted to your leadership.

 2                Congratulations.

 3                (Applause.)

 4                ACTING PRESIDENT CROCI:   Dr. Dukes, 

 5   on behalf of Majority Leader Flanagan and the 

 6   New York State Senate, we want to thank you for a 

 7   lifetime of service and dedication not only to 

 8   your community, to your state, but to your 

 9   country.  

10                And we'd like you to stand and be 

11   recognized by this chamber.

12                (Extended standing ovation.)

13                ACTING PRESIDENT CROCI:   The 

14   resolution has been previously adopted on 

15   March 15th.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Can we now go 

18   back to Calendar Number 423 and call the roll on 

19   that bill.

20                ACTING PRESIDENT CROCI:   We will 

21   indeed.  

22                Senator DeFrancisco, it's my 

23   understanding that Senator Montgomery would like 

24   to open this resolution for cosponsorship.  If 

25   you would like to be a cosponsor, you should 


                                                               1327

 1   please notify the desk.

 2                And we will return to the calendar, 

 3   and the Secretary will read.

 4                SENATOR DeFRANCISCO:   Thank you.

 5                ACTING PRESIDENT CROCI:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   423, by Senator Robach, Senate Print 7549, an act 

 9   authorizing.

10                ACTING PRESIDENT CROCI:   The 

11   Secretary will ring the bell.

12                Read the last section.

13                THE SECRETARY:   Section 5.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CROCI:   Senator 

19   Stavisky to explain her vote.

20                SENATOR STAVISKY:   To explain my 

21   vote.

22                There's no question that helmets 

23   save lives, they prevent brain injuries.  And if 

24   the helmet law is repealed, my question is 

25   really:  Who's next?  Are we going to repeal the 


                                                               1328

 1   helmet law for football players, let them play 

 2   football without a helmet?  Bicyclists?  Well, if 

 3   we're going to take that kind of approach, 

 4   perhaps the seat belt law ought to be repealed.

 5                Secondly, the memo says that there's 

 6   no fiscal impact.  There really is.  Because 

 7   people are injured when they have an accident and 

 8   they are not wearing a helmet.  It provides some 

 9   kind of protection.

10                And somebody very close to me's son 

11   was a Ph.D. candidate in chemical engineering at 

12   Berkeley.  He wasn't wearing a helmet, he was 

13   riding his motorcycle.  And he spent the rest of 

14   his life in custodial care.  He couldn't move, he 

15   couldn't speak, he couldn't eat.  And the cost 

16   was tremendous -- not to the family, but to the 

17   taxpayers.  And I visited him on many occasions 

18   in the hospital, and I kept saying to myself, 

19   That's why we need a helmet law.

20                And Mr. President, I vote no.

21                ACTING PRESIDENT CROCI:   Senator 

22   Stavisky to be recorded in the negative.

23                Senator Hoylman to explain his vote.

24                SENATOR HOYLMAN:   Thank you, 

25   Mr. President.  


                                                               1329

 1                I'll be voting for the reasons cited 

 2   by my colleagues.  I did want to point out that 

 3   March is National Brain Injury Awareness Month.  

 4   And actually tomorrow, as I understand it, there 

 5   will be a resolution on this floor commemorating 

 6   Brain Injury Awareness Day.  

 7                So for all those reasons stated by 

 8   my colleagues, and also the focus on protecting 

 9   our brains -- our most vital organ -- from 

10   injuries, I'll be voting no.

11                ACTING PRESIDENT CROCI:   Senator 

12   Hoylman to be recorded in the negative.

13                Senator Brooks to explain his vote.

14                SENATOR BROOKS:   Thank you, 

15   Mr. President.  

16                As someone who has responded to 

17   probably far too many motorcycle accidents over 

18   the years, I have seen many accidents where 

19   clearly the use of a helmet has made a 

20   difference.

21                I'll be voting yes on this bill 

22   because included in this bill is a study to see 

23   how helmets will be more effective, and I think 

24   that's important.  There's no question in my mind 

25   that there are accidents where helmets have made 


                                                               1330

 1   a difference.  If through this legislation we can 

 2   find further improvements, it's the right thing 

 3   to do.  

 4                I'll be voting aye.

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Brooks to be recorded in the affirmative.

 7                Announce the result.

 8                THE SECRETARY:   In relation to 

 9   Calendar 423, those recorded in the negative are 

10   Senators Gianaris, Hoylman, Kaminsky, Kavanagh, 

11   Krueger, Parker, Phillips, Sanders, Serrano, 

12   Stavisky and Stewart-Cousins.

13                Ayes, 49.  Nays, 11.

14                ACTING PRESIDENT CROCI:   The bill 

15   is passed.

16                Senator DeFrancisco, that concludes 

17   the reading of the controversial calendar.

18                SENATOR DeFRANCISCO:   Is there any 

19   further business at the desk?

20                ACTING PRESIDENT CROCI:   There is 

21   no further business before the desk.

22                SENATOR DeFRANCISCO:   If that in 

23   fact is the case, I move to adjourn until 

24   Tuesday, March 20th, at 3:00 p.m.

25                ACTING PRESIDENT CROCI:   On motion, 


                                                               1331

 1   the Senate stands adjourned until Tuesday, 

 2   March 20th, at 3:00 p.m.

 3                (Whereupon, at 4:32 p.m., the Senate 

 4   adjourned.)

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