Regular Session - March 20, 2018
1332
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 20, 2018
11 3:18 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise and
5 join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by the Reverend
11 Gilbert Pickett, Sr., who is pastor of
12 Mount Horeb Baptist Church in Corona.
13 Pastor?
14 REVEREND PICKETT: Let us pray.
15 Again, O God, we thank You for this
16 day that You have allowed us to see and have our
17 very being.
18 And as we have assembled here in
19 this room, we're praying for every man and every
20 woman of the Senate, that You will give them
21 insight and foresight concerning the needs of the
22 people of the State of New York.
23 We pray for our Governor, we pray
24 for our government. And we ask, O God, that You
25 allow individuals to come together on one accord
1334
1 to work together in peace and harmony. We thank
2 You for all the great things that You continue to
3 provide for us by way of life, health and
4 strength. We know that the earth is the Lord's,
5 and the fullness thereof, and all of they who
6 dwell within.
7 So just continue to bless our very
8 being and allow them to deal with kingdom
9 business as well as the business of this state.
10 These things we ask now in the name of God, our
11 Father and Creator; Jesus Christ, our Savior and
12 Redeemer; the Holy Ghost, our Power and
13 Comforter. Amen.
14 ACTING PRESIDENT GRIFFO: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Monday,
17 March 19th, the Senate met pursuant to
18 adjournment. The Journal of Sunday, March 18th,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal will stand approved as
23 read.
24 Messages from the Assembly.
25 Messages from the Governor.
1335
1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports of state
4 officers.
5 Motions and resolutions.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: We have a
8 resolution -- excuse me. Would you recognize
9 Senator Gianaris, please.
10 ACTING PRESIDENT GRIFFO: Senator
11 Gianaris.
12 SENATOR GIANARIS: Good day,
13 Mr. President.
14 On behalf of Senator Benjamin, I
15 move that the following bill be discharged from
16 its respective committee and be recommitted with
17 instructions to strike the enacting clause:
18 Senate Bill 7934.
19 ACTING PRESIDENT GRIFFO: It is so
20 ordered.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Yes, there's
23 a Resolution Calendar, and I move to adopt the
24 Resolution Calendar, with the exception of 4210
25 and 4183.
1336
1 ACTING PRESIDENT GRIFFO: All in
2 favor of adopting the Resolution Calendar, with
3 the exception of Resolutions 4210 and 4183,
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO: Opposed?
7 (No response.)
8 ACTING PRESIDENT GRIFFO: The
9 Resolution Calendar is adopted.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Can we take
12 up Resolution 4210, by Senator Ranzenhofer, read
13 it in its entirety, and call on Senator
14 Ranzenhofer to speak.
15 ACTING PRESIDENT GRIFFO: I'd ask
16 for some order in the house, please.
17 The Secretary will read.
18 THE SECRETARY: Legislative
19 Resolution Number 4210, by Senator Ranzenhofer,
20 mourning the death of Marcy M. Dandes, real
21 estate agent, patron of the arts, and devoted
22 member of her community.
23 "WHEREAS, It is the custom of this
24 Legislative Body to pay tribute to citizens of
25 the State of New York whose lifework and civic
1337
1 endeavor served to enhance the quality of life in
2 their communities and the great State of
3 New York; and
4 "WHEREAS, Marcy M. Dandes of
5 East Amherst, New York, died on Thursday, March
6 8, 2018, at the age of 66; and
7 "WHEREAS, The former Marcy M. Marong
8 was born on June 7, 1951, in Lockport, New York;
9 after graduating from Bishop Neumann High School
10 in 1969, she earned her bachelor's degree from
11 Canisius College; and
12 "WHEREAS, For more than 20 years,
13 Marcy M. Dandes enjoyed a successful career in
14 real estate; known for her warm and giving
15 personality, she was consistently ranked one of
16 the top producers of Hunt Real Estate; and
17 "WHEREAS, Marcy M. Dandes'
18 commitment to excellence, and her spirit of
19 humanity, carried over into all fields of
20 enterprise, including charitable and civic
21 endeavors; and
22 "WHEREAS, Devoted to both her
23 children and her community, Marcy M. Dandes held
24 the title of president of the Nichols School
25 Parents' Council, and served as chair of the
1338
1 Parent Division for the Annual Fund campaign; she
2 was also a vital member of numerous committees
3 which benefited numerous people; and
4 "WHEREAS, Marcy M. Dandes and her
5 husband founded Nichols School's Big Green
6 Athletic Dinner, and chaired the school's Derby
7 Day Auction; and
8 "WHEREAS, After her daughter became
9 involved in the local theater group, Marcy M.
10 Dandes devoted her time and energy to supporting
11 her and the arts as a longtime member of the
12 board of directors of O'Connell & Company; in
13 2017, Marcy and her husband served as honorary
14 cochairs of Curtain Up!, and for many years the
15 couple were co-chairs of the ECMC Springfest
16 Gala; and
17 "WHEREAS, For her steadfast and
18 unremitting commitment to her community, Marcy M.
19 Dandes was the recipient of the 2005 Mitchell
20 Award; and
21 "WHEREAS, When she was not working
22 or helping someone, Marcy M. Dandes enjoyed
23 rooting for the Buffalo Bisons baseball team,
24 and liked to spend time outdoors tending to her
25 beautiful gardens; above all, she enjoyed
1339
1 spending time with her beloved family; and
2 "WHEREAS, Predeceased by her
3 stepfather, Jack Williams, and brother, James T.
4 Marong, Marcy M. Dandes is survived by her
5 husband of 35 years, Jonathan Dandes; one
6 daughter, Arin Lee (Adam Yellen) Dandes; one son,
7 Leo (Lissette) Dandes; one grandson, Luca
8 Jonathan Dandes; her mother, Naidine C. Williams;
9 and two brothers, Michael (Marilynn) Marong and
10 Timothy (Sandra) Marong; and many nieces,
11 nephews, and dear friend Lynn Slisz, all of whom
12 will cherish her memory; and
13 "WHEREAS, Armed with a humanistic
14 spirit and imbued with a sense of compassion,
15 Marcy M. Dandes leaves behind a legacy which will
16 long endure the passage of time and will remain
17 as a comforting memory to all she served and
18 befriended; now, therefore, be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to mourn the
21 death of Marcy M. Dandes, real estate agent,
22 patron of the arts, and devoted member of her
23 community; and be it further
24 "RESOLVED, That a copy of this
25 resolution, suitably engrossed, be transmitted to
1340
1 the family of Marcy M. Dandes."
2 ACTING PRESIDENT GRIFFO: Senator
3 Ranzenhofer.
4 SENATOR RANZENHOFER: Yes, thank
5 you, Mr. President.
6 As I rise today, it's with sadness
7 but also with pride of a wonderful woman who we
8 are going to memorialize today and also talk a
9 little bit about her life. And I would like to
10 add that I'm very happy that all of my colleagues
11 from the Western New York region have signed onto
12 this resolution.
13 A lot of her life was talked about
14 in that resolution, but this was a woman who
15 really gave a lot to her community, whether it
16 was in her line of work, which was real estate;
17 she was very active in the arts, as was spoken
18 about; she was a great family member, a great
19 wife, and a great mother for her children.
20 But the sense of community and
21 spirit that she had was unfortunately cut short
22 too quickly. She will be missed.
23 And again, I'm just very happy that
24 all of the members of the Western New York
25 delegation signed onto the resolution, and I
1341
1 believe that some of them would like to speak as
2 well.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Senator Ranzenhofer.
6 Senator Gallivan.
7 SENATOR GALLIVAN: Thank you,
8 Mr. President.
9 I too rise to pay tribute to Marcy
10 Dandes, and I thank Senator Ranzenhofer and my
11 other colleagues from Western New York for
12 bringing this forward and recognizing a woman who
13 was incredible -- the type of citizen that all
14 communities deserve, the type of citizen that we
15 should all aspire to be.
16 She was involved in many, many
17 things in her community. And whatever she got
18 involved in, she threw herself wholeheartedly
19 into. When her kids were involved in sports, she
20 was their biggest backer and the sports teams'
21 and leagues' biggest backer.
22 When her daughter got involved in
23 the theater, she became the biggest backer of the
24 theater in Western New York.
25 When her husband received a kidney
1342
1 transplant, she became involved in transplant
2 services and their organizations.
3 But you'd never know it, because the
4 thing that was most important to her was how your
5 day was and making others happy.
6 She leaves behind an incredible
7 legacy. She left the earth much too soon. She
8 was a dear friend to my family and to the entire
9 Western New York community.
10 Her husband, in giving the eulogy,
11 made mention of -- had two different things that
12 he said that I think characterizes her. The
13 first was that there was probably never a more
14 giving, generous, loving, warm, caring person on
15 the planet. And the other was that she was ever
16 hopeful. And I would say for all good things, as
17 we all should be.
18 Thank you, Mr. President.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Gallivan.
21 Senator Kennedy.
22 SENATOR KENNEDY: Thank you,
23 Mr. President.
24 I rise to remember the great Western
25 New Yorker Marcy Dandes, who passed away earlier
1343
1 this month. I want to thank my colleagues from
2 Western New York as well, in a bipartisan
3 fashion, as we remember this wonderful woman in
4 our community, Marcy, with her husband of
5 35 years.
6 Jon was a giant in the Buffalo
7 philanthropic community. They cochaired the Erie
8 County Medical Center Springfest Gala for year,
9 cochaired the Curtain Up! festival last year, and
10 also cochaired next month's Shea's Black Tie
11 Gala, among many, many other endeavors in the
12 community.
13 A proud parent to Leo and Arin Lee
14 Dandes, she served as president of the Nichols
15 School Parents' Council, for which she was
16 honored with the Mitchell Award for outstanding
17 volunteer service. On top of that, she served as
18 the chair for the parent division of the school's
19 annual fundraising campaign and cofounded the
20 school's Big Green Athletic Dinner with her
21 husband Jon.
22 In addition to all this, she served
23 for many years on the board of directors for
24 O'Connell and Company, one of the region's most
25 well-respected resident theaters. And it was
1344
1 that love of theater that continued with her
2 Arin, who was cofounder of the Second Generation
3 Theater Production Company.
4 While Marcy's husband Jon serves as
5 president of the Buffalo Bisons, the local AAA
6 baseball team, like many of us from Western
7 New York there was a special place in Marcy's
8 heart for the Buffalo Bills, with Jon recently
9 saying that she was ever-hopeful about the team's
10 chances. And like all of us, she was thrilled
11 when the team, after 17 years, this season
12 finally made the playoffs once again.
13 Marcy excelled in everything that
14 she did. She spent more than 20 years as an
15 agent with Hunt Real Estate, consistently
16 distinguishing herself as one of the top
17 producers at the firm.
18 Beyond her successes in the private
19 and philanthropic sectors, however, Marcy was a
20 dedicated mother and grandmother who loved
21 nothing more than spending time with her
22 children, her husband and her grandson Luca
23 Jonathan Dandes.
24 To Jon and the entire Dandes family,
25 we mourn with you. We are truly sorry for your
1345
1 loss. It is a loss that our community in Western
2 New York and our entire state share of such a
3 remarkable citizen that gave so much to our great
4 community and our great state. May Marcy Dandes
5 rest in peace.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Senator Kennedy.
9 The question is on the resolution.
10 All in favor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GRIFFO: Opposed?
13 (No response.)
14 ACTING PRESIDENT GRIFFO: The
15 resolution is adopted.
16 At the request of Senator
17 Ranzenhofer, the resolution is open for
18 cosponsorship. Should you choose to be a
19 cosponsor, please notify the desk.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO:
22 Mr. President, can we now take up previously
23 adopted -- well, that last resolution is open for
24 cosponsorship. Did you mention that?
25 ACTING PRESIDENT GRIFFO: I did.
1346
1 SENATOR DeFRANCISCO: Okay. Next
2 time I'll pay attention.
3 Take up previously adopted
4 Resolution 4140, if you would, by Senator
5 Stavisky. Please read it in its entirety and
6 call on Senator Stavisky to speak.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 4140, by Senator Stavisky,
11 commemorating Queens Day, to be celebrated
12 Tuesday, March 20, 2018, in the New York State
13 Legislature.
14 "WHEREAS, It is the intent of this
15 Legislative Body to commemorate those events of
16 historical significance which add strength, vigor
17 and inspiration to the cultural diversity and
18 quality of life in the communities of the State
19 of New York; and
20 "WHEREAS, Attendant to such concern,
21 and in full accord with its long-standing
22 traditions, this Legislative Body is justly proud
23 to commemorate Queens Day, to be celebrated
24 Tuesday, March 20, 2018, in the New York State
25 Legislature; and
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1 "WHEREAS, On March 20, 2018, the
2 best of the Borough of Queens will be on display
3 at the Capitol in Albany, New York; and
4 "WHEREAS, This event is coordinated
5 by the office of the Queens Borough President and
6 the Queens Chamber of Commerce, which will put
7 the spotlight on Queens and include an evening
8 reception featuring foods and beverages as well
9 as a display of Queens' favorite dining
10 establishments; and
11 "WHEREAS, With 2.3 million people,
12 the Borough of Queens is the most culturally
13 diverse county in the United States, and has
14 become a tourist destination for its many
15 cultural attractions, including the arts,
16 businesses, culinary delights, and the many
17 charms this vibrant community has to offer; and
18 "WHEREAS, More than half of all
19 Queens residents are foreign-born, a much greater
20 concentration than any other borough in New York
21 City, and many of the neighborhoods reflect the
22 rich cultural heritage of its residents; and
23 "WHEREAS, Queens' residents come
24 from more than 120 countries and speak more than
25 135 languages; and
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1 "WHEREAS, The Lonely Planet travel
2 magazine named Queens the "Top Travel
3 Destination" in the country for 2015, because of
4 its cultural and culinary diversity, stating that
5 "Queens is quickly becoming its hippest" and
6 reflects the true image of New York as the global
7 melting pot; and
8 "WHEREAS, Although Queens is home to
9 several large company headquarters, no single
10 industry dominates its economy; in addition,
11 two-thirds of all businesses in Queens employ
12 between one and four people, making small
13 businesses the cornerstone of the borough's
14 economic vitality; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to commemorate
17 Queens Day, to be celebrated Tuesday, March 20,
18 2018, in the New York State Legislature; and be
19 it further
20 "RESOLVED, That copies of this
21 resolution, suitably engrossed, be transmitted to
22 the office of the Queens Borough President, and
23 the Queens Chamber of Commerce."
24 ACTING PRESIDENT GRIFFO: Senator
25 Stavisky on the resolution.
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1 SENATOR STAVISKY: Thank you,
2 Mr. President.
3 And welcome to our borough
4 president, Melinda Katz, who's a former
5 Assemblymember and a former Councilmember, and to
6 Tom Grech, who is the executive director of the
7 Queens Chamber of Commerce, and to the people in
8 the galleries, who came up this morning, from the
9 Chamber of Commerce and their friends.
10 People love to refer to Queens as
11 the "outer borough." Queens is more than just an
12 airport to go someplace else. Queens is more
13 than a place to get a good meal or to watch a
14 sporting event. Queens is a diverse area, a
15 place where people come from all over the world
16 looking, very simply, for a better life. And as
17 the resolution states, we maintain a very diverse
18 economy. It is home to many educational
19 institutions, of higher education in particular,
20 and a place where people come as a destination.
21 Many of the people here brag about
22 being a lifelong Queens resident. I'm a Queens
23 resident by choice, not by birth. And Queens
24 has provided the same kind of welcoming spirit to
25 everybody. And in fact, I represent a
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1 district -- I say it many times -- that is
2 80 percent Asian-American, and they are part of
3 the community, as is every other person, wherever
4 they were born.
5 It's interesting because if you ask
6 somebody from New York City "Where are you from,"
7 they'll say, Well, I'm from Brooklyn or the
8 Bronx -- I'm looking --
9 (Laughter.)
10 SENATOR STAVISKY: -- or Manhattan
11 or Staten Island. And in Queens, we're
12 different. They'll say, "I'm from Astoria" or
13 "I'm from Jamaica" or "I'm from Flushing." And
14 that's what separates people from the rest of the
15 city.
16 In Queens we are a community of
17 small businesses, and that is the backbone of our
18 economy.
19 We celebrate today the theme I think
20 best said by Borough President Melinda Katz's
21 predecessor, Helen Marshall. She often said:
22 "Come to Queens and see the world." And that's
23 exactly what Queens is all about.
24 So again, I welcome our friends to
25 Albany. And we invite you to join us at the Hart
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1 Lounge, 5 o'clock this evening. I understand
2 there are 47 restaurants and various
3 establishments represented, so you can have
4 literally a taste from around the world.
5 Again, I thank you for coming and
6 open the resolution for sponsorship.
7 Thank you.
8 ACTING PRESIDENT GRIFFO: Thank
9 you, Senator Stavisky.
10 (Applause.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President.
15 I too want to welcome the delegation
16 from the great County of Queens, led by our
17 borough president, Melinda Katz, who herself is a
18 veteran of the State Legislature. And it's good
19 to have her back here in the Capitol.
20 Queens, as you heard my colleague
21 Senator Stavisky mention, is the county that
22 everyone has been through but far too few have
23 stopped in to enjoy.
24 It is the most diverse place on the
25 planet and has, without question, the best
1352
1 restaurants anywhere in the world, because you
2 can literally get a taste of any nation's
3 cuisine -- and not just regular old cooking, but
4 cooking that will be as good, if not better, than
5 it is in their home countries.
6 Of course I'm partial to the Greek
7 restaurants in Astoria. But depending on your
8 neighborhood, you can find any of the over a
9 hundred ethnicities represented in Queens, the
10 type of food that they would enjoy there.
11 It is great that this day has been
12 happening. Brooklyn's had their day here in
13 Albany for quite some time, and now we are
14 growing this Queens Day by the year. So I do
15 encourage everyone to come sample our great fare,
16 but also to enjoy all that Queens has to offer,
17 the contributions that we have made to New York
18 as well as the United States, and I daresay to my
19 colleagues from the Bronx, the more fun baseball
20 team to root for. It's right there in the middle
21 of Queens.
22 (Laughter.)
23 SENATOR GIANARIS: Why is everyone
24 laughing? I don't understand.
25 (Laughter.)
1353
1 SENATOR GIANARIS: We can say that
2 as Mets fans when the season is about to begin,
3 that we have all the hopes in the world at our
4 back, and hopefully this year will bring a great
5 success to the New York Mets as well.
6 But for today I want to welcome
7 everyone in the galleries. We have some great
8 community leaders with us who I will refrain from
9 naming because there's too many of them here, but
10 we will see you all at the reception a little bit
11 later. And welcome to the Capitol.
12 (Applause.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Peralta.
15 SENATOR PERALTA: Thank you,
16 Mr. President.
17 I too want to welcome the Queens
18 delegation with our great borough president,
19 Melinda Katz, as well as Reverend Pickett, from
20 Mount Horeb Baptist Church. I want to welcome
21 him. He's one of the pastors of the clergy
22 associations in East Elmhurst.
23 I also want to thank and welcome
24 President Tom Grech of the Queens Chamber of
25 Commerce. And all of you from Queens, welcome.
1354
1 Welcome today. Welcome to the Senate chambers.
2 (Cheers, applause.)
3 SENATOR PERALTA: My colleagues,
4 welcome to Queens Day. It is my great honor to
5 represent New York's most diverse borough and the
6 most ethnically diverse county in this nation.
7 The 13th Senatorial District is the United
8 Nations of all Senate districts.
9 I encourage those of you who haven't
10 visited the borough of Queens to do so. I could
11 speak all afternoon about the many wonders of
12 Queens. And let me just say that if you're
13 coming into New York, if you're flying from a
14 different country or from a different state,
15 you're going to land in Queens. Right? At one
16 of the airports.
17 I want you to take a walk down
18 Roosevelt Avenue in my district for foods from
19 all over the world. Visit the Queens Museum, the
20 New York Hall of Science, the Louie Armstrong
21 Home Museum, the Museum of the Moving Image. See
22 the world-famous Unisphere. Right? Catch a game
23 at Citi Field. Right? And even though the
24 season is about to start, as my colleagues
25 pointed out, there's lots of hope. There's lots
1355
1 of hope for the Mets this year. Play soccer,
2 play soccer in Flushing Meadow Park.
3 I am proud to live in Queens. I'm
4 proud to have grown up in Queens. I played in
5 its park, it's been my backyard for many, many
6 years. I attended elementary school, middle
7 school, high school and college in Queens. I
8 dine and shop in Queens. I ride the 7 train in
9 Queens. Riding the 7 train is like traveling
10 around the world. You can actually literally see
11 anyone from any different country right there
12 sitting next to you.
13 Queens is my life. We speak over
14 160 different languages in a borough of about
15 2.3 million people. Now, Brooklyn claims that it
16 is the largest borough, but we're about to beat
17 that this census. I know that we will. All
18 right? So that's a challenge.
19 At least one in two neighbors that
20 you encounter on the streets, in a classroom, in
21 a church, in a supermarket, in a playground, in a
22 restaurant or store, is foreign-born. This makes
23 us unique. We are the heart that pumps blood
24 into the tired city and state.
25 And this does not go unnoticed.
1356
1 Ladies and gentlemen, the world-known tourist
2 guide Lonely Planet named Queens as the best
3 travel destination of the United States.
4 And today I want to welcome all of
5 you, and I want you to participate in Queens Day.
6 Because Queens Day, although we have the Bronx
7 Night, we've had Brooklyn Night, but I'm pretty
8 sure you're not going to forget Queens Day. So
9 enjoy, and welcome.
10 (Applause from galleries.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Comrie.
13 SENATOR COMRIE: Thank you,
14 Mr. President.
15 I rise to thank Senator Stavisky for
16 carrying this resolution and to continue a
17 tradition that we started last year, and that's
18 welcoming Queens to Albany. I'm glad to --
19 (Applause.)
20 SENATOR COMRIE: It's the borough
21 that I'm proud to call home. It's the borough
22 that raised me and taught me what public service
23 is all about. Because there are many residents
24 in Queens, there are many residents here today
25 that are truly stalwarts of public service,
1357
1 people that you can depend on to be at community
2 meetings, people you can depend on to take issues
3 and do everything they can to make sure that
4 their community and their neighborhoods are
5 protected.
6 As Senator Stavisky said, Queens is
7 about neighborhoods. We represent St. Albans,
8 the Rockaways, Forest Hills, Woodside. You know,
9 you don't say you're from Queens, as they said.
10 You know, you're from a neighborhood. And I know
11 that there are many members that are here that
12 started in Queens. I won't name names, but of
13 people that are working on even the other side of
14 the aisle that were born in Queens.
15 And Queens is such a home for so
16 many people that, you know, we -- as they said,
17 we're the most diverse borough. We have so many
18 restaurants, so many opportunities in Queens, so
19 many things for people to do while they're here.
20 It's a family borough, it's the borough that
21 people want to move to. When they want to leave
22 the other B's and really have a good life, they
23 come to Queens.
24 (Laughter.)
25 SENATOR COMRIE: When they want to
1358
1 leave the other boroughs and really understand
2 how to raise a family, you come to Queens. When
3 you want to learn how to do things the right way
4 and perfect certain things -- because they say
5 hip-hop was created in some other borough, but it
6 was perfected in Queens. It was perfect in
7 Queens.
8 (Laughter; applause.)
9 SENATOR COMRIE: I know I'm
10 starting a little trouble, but why not. Why not.
11 We do things well in Queens, and we
12 do things to make sure that after everything
13 else, Queens residents are protected, Queens
14 residents look out for each other. We have a
15 great borough president who is here who I'm proud
16 to have worked with in the City Council. I'm
17 proud to have worked with her for a year in her
18 first year as borough president till she kicked
19 me out and sent me up here.
20 (Laughter.)
21 SENATOR COMRIE: And that's our
22 Borough President Melinda Katz.
23 I want to thank Thomas Grech and the
24 Queens Chamber of Commerce, who are
25 well-represented here today, businesspeople,
1359
1 professionals, civic people, culturals that are
2 all up here today to show how proud we are as
3 Queens residents.
4 I would invite you to come to the
5 Hart Lounge this evening and enjoy with us and
6 also talk with us. Because the residents are not
7 just up here to show how proud we are of our
8 borough, but they're also up here to fight for
9 some critical issues. Congestion pricing is
10 something that hurts Queens residents. Dealing
11 with the Cross Bay Bridge and dealing with
12 redevelopment issues in the borough, our members
13 are up here also to fight for services and things
14 and let people know the Queens perspective on the
15 budget as well.
16 So I want to thank you for taking
17 time to come up on the buses today. I want to
18 thank you for your activism in the halls today.
19 I want to thank you for your continued support of
20 all of us Queens legislators and being the
21 stalwarts in the community that you are.
22 I represent Queens. Thank you,
23 Mr. President.
24 (Applause.)
25 ACTING PRESIDENT GRIFFO: Senator
1360
1 Sanders.
2 SENATOR SANDERS: Thank you,
3 Mr. President.
4 I believe that my colleague was a
5 little bit too modest on the achievements of
6 Queens.
7 I want to thank our borough
8 president, Melinda Katz. I want to thank the
9 Reverend Dr. and Moderator Pickett. I want to
10 thank the Chamber of Commerce. And mostly I want
11 to thank all of you who made the pilgrimage -- in
12 front of me, in back of me -- to Queens.
13 You see, to the rest of my
14 colleagues, when you welcome Queens, you welcome
15 the world. You can speak to anybody -- any
16 language that you want, you can do it in Queens.
17 In fact, you could even speak languages that no
18 one understands.
19 (Laughter.)
20 SENATOR SANDERS: We won't
21 understand you either, but that's all right. We
22 love you.
23 Queens is known as perhaps the most
24 laid-back borough. You know, all of the other
25 boroughs are a little hyper. They close
1361
1 themselves in, they do all kinds of stuff. But
2 we're really laid back in Queens. We like it.
3 Now, if Queens is a ship -- now,
4 picture this. If Queens is a ship -- Madam
5 Borough President, there's a marketing tool for
6 you. If Queens is a ship, the Rockaways is the
7 rudder. So somehow we're going to steer this
8 ship from there.
9 Queens is a ship, my friends. We're
10 going someplace, and we're going someplace quick.
11 So I encourage all of us to get on board, because
12 Queens is not just a great place to live, but
13 it's the borough of business. We take care of
14 business in Queens, whether it be the $4 billion
15 from LaGuardia or the $10 billion in JFK or the
16 billions in the middle. We encourage the world
17 to come and invest here, because this is the best
18 place and the safest place to invest.
19 Again, nobody loves Queens more than
20 I do, with the possible exception of Senators
21 Addabbo, Avella, Comrie, Gianaris, Peralta and
22 Stavisky. But having said that, again, no one
23 loves Queens more than I do.
24 And, Mr. President, I thank you. By
25 the powers invested in me {gesturing}, you are
1362
1 temporarily a Queens guy.
2 (Laughter; applause.)
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Sanders. I'll claim Hollis.
5 (Laughter.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Marcellino.
8 SENATOR MARCELLINO: Thank you,
9 Mr. President.
10 I just want to set the record clear
11 that not only Democrats come from Queens.
12 (Laughter.)
13 SENATOR MARCELLINO: I was born in
14 Queens, raised in Queens -- St. Albans, Flushing,
15 went to Flushing High School -- went to Bayside
16 High School, by the way. Met my wife at Bayside
17 High School, a social studies teacher there,
18 taught there for 20 years. Great place to live,
19 work, and raise a family.
20 Beautiful borough, deserving of
21 everything that we're doing today and the honor
22 we're giving it today. And I just wish to say
23 that Far Rockaway, spent a lot of summers down in
24 Far Rockaway, on the beach. Learned to swim down
25 there, learned to do a lot. Water skiing. All
1363
1 in Queens.
2 So to the borough, thank you. To
3 the ladies and gentlemen who come from there, to
4 our borough president, God bless you. Welcome to
5 Albany, and hope you have a great day.
6 (Applause.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Savino.
9 SENATOR SAVINO: Thank you,
10 Mr. President.
11 So what does a little girl from
12 Staten Island have to say about Queens? Well, to
13 me, Queens is home. I was born and raised in
14 Queens, like Senator Marcellino. And sadly, I
15 was forced to leave the Borough of Queens to buy
16 a house, because the community that I grew up in
17 had become so popular by the time I decided to
18 buy a house, it was well beyond my means.
19 But Queens was the best place to
20 grow up in. I grew up in Astoria, I lived in
21 Jackson Heights, as Senator Peralta represents
22 now. I will tell you, the food there is amazing.
23 I agree with Senator Gianaris, though, there is
24 no better place for Greek food than Astoria.
25 Every two weeks, I go back to the
1364
1 Borough of Queens to get my nails done, because
2 they have the best manicurists. But it gives me
3 the opportunity to go back to the borough of my
4 home and see the community and see how much it's
5 changed. And as a Staten Islander now, Staten
6 Island is kind of like the Queens that I grew up
7 in; it's about 30 years behind. And we have such
8 potential too. What we need is some of the drive
9 and some of the spirit and some of the
10 determination that the leaders of Queens have
11 brought to the growth of Queens.
12 It's a completely different place
13 than the one I grew up in, but it's definitely
14 heading in the right direction. I see our
15 wonderful borough president, Melinda Katz, over
16 there. And all of you, maybe you can come out to
17 Staten Island and give us some tips on how to
18 redevelop the waterfront, how to do it right, how
19 to bring economic opportunity into Staten Island
20 in a way that balances the old and the new.
21 So I welcome any of you who want to
22 come and help us out, we're willing to listen.
23 congratulations to everyone on Queens Day, and
24 congratulations to the people of Queens.
25 (Applause.)
1365
1 ACTING PRESIDENT GRIFFO: Senator
2 Bailey.
3 SENATOR BAILEY: Thank you,
4 Mr. President.
5 You know, I was going to keep quiet
6 on this one, just being a humble mainlander --
7 you know, us Bronx folks, right? But Senator
8 Comrie said 99 percent of great things and this
9 one thing about hip-hop -- and I'll get to that
10 later, but I first just want to commend Borough
11 President Melinda Katz for coming up, the Queens
12 delegation in this amazing body. You are
13 amazing.
14 I owe Queens a lot. I am someone
15 who loves Queens -- not as much as you, but I do
16 love Queens. I met my wife in Queens. Got a law
17 degree in Queens. I am a Met fan, despite being
18 from the Bronx. So yes, there is hope.
19 (Laughter.)
20 SENATOR BAILEY: I went to Bronx
21 Science, where a lot of the classmates I had were
22 from Queens. And that was my first experience
23 with so many folks from Queens. And one of my
24 favorite movies is Coming to America, which is
25 based in Queens. Jackson Heights' own, Mr. Randy
1366
1 Watson.
2 (Laughter.)
3 SENATOR BAILEY: That one's good.
4 But Queens is such a great place.
5 It is such a diverse borough. I have staff
6 members from Queens who take the trek across the
7 bridge to come work in the Bronx each day.
8 And I'm appreciative of everything
9 in your borough except the claim that you are the
10 home of hip-hop.
11 SENATOR COMRIE: I didn't say home.
12 SENATOR BAILEY: Excuse me, the
13 birthplace of hip-hop. I just want to make sure
14 we get that clear. At 1520 Sedgwick Avenue in
15 Senator Serrano's district was the birthplace of
16 hip-hop. But you have made hip-hop your own
17 thanks to Run-D.M.C. and Nas and so many other
18 luminaries in Queens -- A Tribe Called Quest and
19 Mobb Deep and 50 Cent and Nicki Minaj. Remy Ma
20 had something to say about that last year, but --
21 I salute my friends and colleagues
22 from the Borough of Queens. And what I say is
23 many more wonderful days and World Series
24 championships for our New York Mets.
25 (Applause.)
1367
1 ACTING PRESIDENT GRIFFO: Senator
2 Benjamin.
3 SENATOR BENJAMIN: I'll be very
4 brief, Mr. President. But it occurred to me,
5 being that my mom lives in Senator Comrie's
6 district, that there might be scenario in which
7 he would put this piece on his mailings and my
8 mom will know that there was a Queens Day and her
9 son didn't say something. So I wanted to say
10 something real quick, if you don't mind.
11 (Laughter.)
12 SENATOR BENJAMIN: I actually first
13 encountered Queens when I was 13. My parents, we
14 moved to Queens, bought a house in Queens
15 Village, and I attended Archbishop Molloy High
16 School, which is a great all-boys school in
17 Briarwood, Queens.
18 And I just want to say, speaking of
19 hip-hop folks, a little bit of trivia. The house
20 that my parents bought in Queens used to be the
21 home of Young MC. I'm not sure how many of you
22 are familiar with "Bust a Move" or any of his
23 great songs that he had. But -- yeah, just "Bust
24 a Move," I'm sorry.
25 (Laughter.)
1368
1 SENATOR BENJAMIN: But no, I
2 really -- you know, my whole -- my experience
3 preparing for college was in Queens. I love
4 Queens. And Queens is still home to some degree.
5 Obviously, I'm a Harlemite, but Queens is still
6 home to some degree because my parents are there.
7 And whenever I go to 211th Street and
8 109th Avenue, I feel like I'm coming home. And
9 the food is always right, and so I always love
10 that.
11 And I really want to give a shout
12 out to Queens Borough President Melinda Katz and
13 the entire Queens delegation and say that while
14 Harlem is always in my blood, I do have a little
15 bit of love for Queens.
16 (Applause from galleries.)
17 ACTING PRESIDENT GRIFFO: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: I was in
20 Queens on Sunday.
21 (Laughter.)
22 SENATOR DeFRANCISCO: That's all I
23 had to say.
24 (Laughter.)
25 SENATOR DeFRANCISCO: There was a
1369
1 political event at Antun's.
2 (Reaction from galleries.)
3 SENATOR DeFRANCISCO: See, I can
4 prove it. I can prove it. I can prove it. And
5 I hope to represent Queens someday.
6 (Laughter; applause.)
7 SENATOR DeFRANCISCO: And I welcome
8 all of you here, and I'm going to try to get to
9 your event.
10 But I have a report to make from
11 Queens. At that event was long-time State
12 Senator Frank Padavan, who I hadn't seen in ages.
13 Retirement is great for him. He's obviously been
14 eating the Queens food, and he looks terrific,
15 rested and the like. Which we all look when we
16 retire, hopefully.
17 So I just want to let everybody know
18 that Frank was there. He's healthy, doing well,
19 and it was wonderful seeing him. And hopefully
20 I'll be in Queens many, many more times before
21 November.
22 Thank you very much.
23 (Applause.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Kaminsky.
1370
1 SENATOR KAMINSKY: Thank you.
2 So from 2004 to 2008, Mr. President,
3 I got to be an assistant district attorney in
4 Queens. And I have a complaint to make. We
5 would get like a beeper then that would tell us
6 in the middle of the night where to respond, and
7 I found out the hard way that there's a 71st
8 Road, a 71st Drive, and a 71st Avenue. And they
9 weren't even like play and place. And I thought
10 I was the first one to show up, so I'm like, Oh,
11 I beat the cops to the scene -- I was just in the
12 wrong place like a lot of the time.
13 So Queens is a great place, with all
14 the languages, and the people that move there
15 really make it the most vibrant place. I learned
16 a ton there. It's a great county. Just fix
17 those roads. Thank you.
18 (Laughter; applause.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution was adopted on March 13th of this
21 year.
22 We want to welcome Borough President
23 Katz to the chamber today, all of our special
24 guests from Queens that are here today. We thank
25 you for the many and varied contributions to the
1371
1 City of New York and the State of New York. We
2 extend all the privileges and the courtesies of
3 the house.
4 Please stand be and recognized.
5 (Standing ovation.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Stavisky has opened the resolution for
8 cosponsorship. And based on everything I've
9 heard, Senator DeFrancisco, if a member would
10 like to be a cosponsor, they should notify the
11 desk, but I think most of them have already
12 expressed that.
13 SENATOR DeFRANCISCO: Thank you. I
14 think in this case we should indicate that if you
15 don't want to be on the resolution, go to the
16 desk, because I think everybody would like to.
17 ACTING PRESIDENT GRIFFO: It's so
18 directed.
19 SENATOR DeFRANCISCO:
20 Mr. President, can we now take up the
21 noncontroversial reading of the calendar.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number 77,
25 by Senator Akshar, Senate Print 1114A, an act to
1372
1 amend the Penal Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Senator
10 Akshar to explain his vote.
11 Can I have some order in the house,
12 please.
13 SENATOR AKSHAR: Mr. President,
14 thank you. I rise to explain my vote on the
15 Community Heroes Protection Act.
16 Of course many of you know that I
17 had the pleasure of serving as a member of law
18 enforcement before I was elected to this great
19 body. And as you contemplate your vote -- which
20 I see some of you are not contemplating, you've
21 already made up your mind, which is perfectly
22 fine -- I want you to remember the countless men
23 and women who selflessly serve the communities
24 that they love.
25 And unfortunately, we are living in
1373
1 a time in which targeted crimes against first
2 responders are on the rise. And first responders
3 are being specifically targeted because of the
4 uniform that they wear.
5 I want to make a very important
6 point about this particular piece of legislation
7 and where I'm coming from, that I am in no way
8 attempting to diminish the original intent of the
9 Hate Crimes Statute. However, I think that times
10 are changing and that we need to react
11 appropriately. I don't think that we should be
12 sitting silent while our first responders are
13 serving selflessly. I'm a realist, I'm certainly
14 not naive, and I understand that stiffer
15 penalties won't single-handedly protect all of
16 our first responders.
17 My hope is that this statute will
18 deter future crimes. And my hope is that this
19 statute will hold those accountable who conduct
20 themselves in such a heinous manner.
21 And just a closing thought.
22 Regardless of how you feel about this particular
23 piece of legislation, I think it's incumbent upon
24 all of us, no matter what side of the uniform
25 that we're on or which side of the aisle that we
1374
1 sit on, it's time that we talk to one another.
2 It is time that we become involved in each
3 other's lives. And I think it's important that
4 we make an effort to understand one another.
5 So I'm encouraging everyone to
6 support this legislation. Mr. President, I vote
7 aye.
8 ACTING PRESIDENT GRIFFO: Senator
9 Akshar to be recorded in the affirmative.
10 Senator Bailey to explain his vote.
11 SENATOR BAILEY: Thank you,
12 Mr. President.
13 Senator Akshar started out on the
14 tone that I'm going to take today, and I commend
15 the sponsor for being a good and decent man and a
16 very good public servant, and introducing this
17 legislation, which is well-intentioned.
18 As I've mentioned in the Codes
19 Committee, my issues with the bill are not the
20 desire to protect men and women in law
21 enforcement; I stand with Senator Akshar in that
22 regard. I have sponsored many events in my
23 district to bring the community and police closer
24 together, knowing that there are issues and
25 concerns.
1375
1 My main and chief concern is that
2 putting the immutable characteristics of a hate
3 crime on par with law enforcement in a uniform is
4 something that I have problems with. It is not
5 having problems with law enforcement. It's not
6 making sure that our men and women in blue who
7 have served in the past are not protected. That
8 is not my no vote today. It is simply to
9 continue the dialogue that we must continue.
10 And for today, I vote no,
11 Mr. President.
12 ACTING PRESIDENT GRIFFO: Senator
13 Bailey to be recorded in the negative.
14 Senator Hoylman to explain his vote.
15 SENATOR HOYLMAN: Thank you,
16 Mr. President.
17 I also join in thanking the sponsor
18 for his well-intentioned bill to protect first
19 responders from hate crimes.
20 I am voting against this bill
21 because I believe the intention of the hate
22 crimes law is to protect New Yorkers who are
23 targeted for hate crimes because of immutable
24 characteristics. It might be an immutable
25 characteristic that you are a uniformed officer,
1376
1 given some long service of families in that area,
2 but the real purpose is to protect those inborn
3 characteristics.
4 And I wanted to point out that in
5 this chamber we have yet to take up the
6 legislation called the Gender Expression
7 Non-Discrimination Act, which would protect
8 transgender individuals from hate crimes --
9 transgender individuals in New York, who are
10 targeted as the victims of hate crimes more than
11 any other subpopulation in the country,
12 especially since January of last year.
13 So, Mr. President, while I
14 appreciate the good intentions here, I'll be
15 voting no and urging this chamber to take up
16 legislation that will protect transgender people
17 against hate crimes.
18 Thank you.
19 ACTING PRESIDENT GRIFFO: Senator
20 Hoylman to be recorded in the negative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 77, those recorded in the negative are
24 Senators Bailey, Benjamin, Dilan, Gianaris,
25 Hamilton, Hoylman, Kavanagh, Krueger, Montgomery,
1377
1 Parker, Peralta, Rivera, Sanders and Serrano.
2 Ayes, 47. Nays, 14.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 180, by Senator Savino, Senate Print 3756, an act
7 to amend the Banking Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 60th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 180, those recorded in the negative are
19 Senators Bailey, Benjamin, Brooks, Gianaris,
20 Kavanagh, Krueger, Montgomery, Parker, Rivera,
21 Sanders and Stewart-Cousins.
22 Ayes, 50. Nays, 11.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1378
1 223, by Senator Croci, Senate Print 953, an act
2 to amend the Penal Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of November.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Kavanagh to explain his vote.
12 SENATOR KAVANAGH: Thank you,
13 Mr. President.
14 I won't belabor this; we've had this
15 conversation in this chamber a few times
16 recently. But once again, this is a bill that in
17 a no doubt well-intentioned effort to expand our
18 understanding of terrorism -- in this case,
19 cyber terrorism -- causes actions that -- on the
20 one hand it talks about actions using a computer
21 to cause widespread financial harm, which we
22 might legitimately think of as terrorism.
23 But it also includes any --
24 committing larceny at any level against
25 10 people. Which means if -- again, last week we
1379
1 talked about a bill that has been now passed by
2 this majority twice that would make almost any
3 discharge of a weapon anywhere in the state
4 terrorism.
5 This bill would make stealing a
6 dollar apiece from, you know, 10 of your high
7 school classmates, you know, using text messages,
8 into cyber terrorism. It's greatly overbroad
9 and, again, diminishes our very understanding of
10 what terrorism is.
11 So I'll be voting in the negative.
12 ACTING PRESIDENT GRIFFO: Senator
13 Kavanagh to be recorded in the negative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 223, those recorded in the negative are
17 Senators Kavanagh, Krueger and Sanders.
18 Ayes, 58. Nays, 3.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 224, by Senator Croci, Senate Print 956, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
1380
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 225, by Senator Gallivan, Senate Print 1984, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 225, those recorded in the negative are
23 Senators Bailey, Comrie, Hoylman, Krueger,
24 Montgomery, Parker, Persaud, Rivera and Sanders.
25 Ayes, 52. Nays, 9.
1381
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 397, by Senator Golden, Senate Print 6898B, an
5 act to amend the General Municipal Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 8. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Golden to explain his vote.
15 SENATOR GOLDEN: Thank you,
16 Mr. President.
17 We all remember September 11, 2001.
18 Three thousand Americans lost their lives that
19 day, and since that day thousands more have given
20 their lives.
21 We lost many good men and women that
22 day. Since that day, we have lost many first
23 responders to cancer and other illnesses that
24 were caused by the exposure to carcinogens and
25 toxic fumes that surrounded that World Trade
1382
1 Center site.
2 Today we mourn a firefighter in
3 Brooklyn, New York, that was the ferry captain
4 that took many people out of harm's way that day:
5 Tommy Phelan. And I asked our conference to keep
6 him and the rest that lost their lives in their
7 prayers.
8 Last year we enacted a law that
9 gives World Trade Center first responders who are
10 suffering from the qualifying World Trade Center
11 conditions, and still on the job, line-of-duty
12 sick leave. Line-of-duty sick leave is to be
13 used by these first responders for doctor's
14 appointments, medical treatments, and their
15 qualifying World Trade Center condition.
16 This sick leave is not granted
17 prospectively, it is to be retroactively granted
18 to the World Trade Center responders for their
19 past doctor appointments and medical treatments.
20 When they go to work in other localities, the
21 local governments are supposed to provide
22 line-of-duty sick leave to these employees. The
23 state is supposed to reimburse the local
24 governments for the costs of this sick leave.
25 Right now, that reimbursement mechanism is
1383
1 missing from the law.
2 These first responders put their
3 lives on the line for us when they participated
4 in the World Trade Center rescue, recovery and
5 cleanup. Even now, after they have been
6 diagnosed with cancer and other World Trade
7 Center illnesses, those first responders are
8 still putting their lives on the line to protect
9 us across our state in other counties. They need
10 our help to be able to stay on the job and manage
11 their medical appointments. This bill would
12 provide them with that help that they need.
13 I vote aye.
14 ACTING PRESIDENT GRIFFO: Senator
15 Golden to be recorded in the affirmative.
16 Senator Kaminsky to explain his
17 vote.
18 SENATOR KAMINSKY: Thank you.
19 Colleagues, on the last day of
20 session last year we did a very important and
21 momentous thing by passing a law that allows the
22 responders working now in other departments, who
23 had served on the pile on the day of and after
24 9/11, to get their sick leave covered.
25 Men would come to my office, they
1384
1 would talk about their latest surgery or about
2 their friend who wasn't as fortunate to be back
3 up on the job, and they would say that when they
4 went to their current job to take a sick day,
5 they were told "You were not injured in the line
6 of duty in our job, you didn't work for us back
7 on 9/11." And then when they'd go back to the
8 city, the city would tell them: "Well, you don't
9 work for us anymore." And they were caught in
10 this unfortunate space.
11 And we acted in a bipartisan manner
12 last year that I was so proud of -- because it
13 wasn't about us and it wasn't about party, it was
14 about doing the right thing for the heroes who
15 sacrificed their health for the country and for
16 our state on the day of and in the moments and
17 the days after 9/11.
18 These men are still getting sick,
19 more and more each year, and the fact that they
20 had to reach into their own pockets to pay for
21 sick time was a shame. And it's something we
22 together rectified and that the Governor, to his
23 credit, signed.
24 But the mechanism by which
25 localities are able to put in for reimbursement
1385
1 for those sick days was not detailed, and was not
2 there, and they've been having trouble figuring
3 this out.
4 Today we're going to begin that
5 process, maybe in the budget as well, of fixing
6 that. And I think it's a necessary and important
7 step to finish the great work that we've done
8 across the aisle for the heroes who deserve
9 nothing less. I vote in the affirmative.
10 Thank you.
11 ACTING PRESIDENT GRIFFO: Senator
12 Kaminsky to be recorded in the affirmative.
13 Senator Kavanagh to explain his
14 vote.
15 SENATOR KAVANAGH: Yeah, I just
16 rise briefly, Mr. President, to commend the
17 sponsor for bringing this bill forth and
18 everybody who has worked on it in both chambers.
19 I was proud to vote in favor of the
20 underlying bill last year in the Assembly. And
21 as the representative of the World Trade Center,
22 I represent many people who are still to this day
23 very, very grateful for the extraordinary bravery
24 of people who responded without concern for their
25 own well-being, but simply to do their jobs in
1386
1 the midst of a terrible emergency.
2 We are still dealing with the
3 ramifications of that period and that terrible
4 event -- not just the immediate loss of life, but
5 the ongoing tragedy of people who were exposed to
6 some very toxic substances in that period, most
7 certainly our first responders and others who are
8 covered by this bill.
9 We are also still in the process
10 locally of notifying people of their rights to
11 have themselves tested for some very terrible
12 diseases that are resulting from that and their
13 eligibility for healthcare costs to be covered.
14 And that includes not just first responders, but
15 also people who lived and worked in the area.
16 It's a terrible thing that we're
17 still dealing with this, but it's a very
18 important and proud moment for this chamber and
19 for our state government to be addressing it in
20 this way, and I'll be voting in the affirmative.
21 ACTING PRESIDENT GRIFFO: Senator
22 Kavanagh to be recorded in the affirmative.
23 Senator Murphy to explain his vote.
24 SENATOR MURPHY: Thank you,
25 Mr. President.
1387
1 I would just like to thank Senator
2 Golden. Great bill. We have seen the cancer
3 rate skyrocket from all these first responders
4 that came to our rescue when 9/11 happened.
5 The comorbidities that have happened
6 from 9/11 -- and we've gone around personally,
7 both of us -- the thyroid cancer has gone through
8 the roof, has gone through the roof. The cancers
9 that -- we did a test, it was 77 first
10 responders, and if you get one out of there, you
11 would have been unfortunate. We had seven people
12 test positive for these nodulars that are coming
13 out of nowhere, so to speak.
14 But they've all had one thing in
15 common, being on that pile. Being on that pile
16 to come to our rescue during 9/11.
17 Senator Golden, great bill. I vote
18 aye.
19 ACTING PRESIDENT GRIFFO: Senator
20 Murphy to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1388
1 469, by Senator Avella, Senate Print 1302, an act
2 to amend the Penal Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 469, those recorded in the negative are
14 Senators Bailey, Benjamin, Comrie, Gianaris,
15 Kavanagh, Krueger, Montgomery, Parker, Rivera and
16 Sanders.
17 Ayes, 51. Nays, 10.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 471, by Senator Gallivan, Senate Print 2512, an
22 act to amend the Criminal Procedure Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
1389
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 471, those recorded in the negative are
9 Senators Benjamin, Hoylman, Kavanagh, Krueger,
10 Montgomery and Parker. Also Senator Sanders.
11 Ayes, 54. Nays, 7.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 518, by Senator Ritchie, Senate Print 2125, an
16 act to amend the Correction Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT GRIFFO: The bill
1390
1 is passed.
2 THE SECRETARY: Calendar Number
3 523, by Senator Murphy, Senate Print 7552, an act
4 to amend the Public Housing Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 529, by Senator Hannon, Senate Print 5337, an act
17 to amend the Public Health Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 120th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60. Nays, 1.
1391
1 Senator Hoylman recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 Can we have some order in the house,
5 please.
6 The Secretary will continue.
7 THE SECRETARY: Calendar Number
8 618, by Senator Croci, Senate Print 925, an act
9 to amend the Penal Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60. Nays, 1.
18 Senator Montgomery recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 621, by Senator Golden, Senate Print 1747, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
1392
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar 621, those recorded in the negative are
8 Senators Montgomery, Parker and Sanders. Also
9 Senator Bailey.
10 Ayes, 57. Nays, 4.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 Senator DeFrancisco, that completes
14 the noncontroversial reading of today's
15 active-list calendar.
16 SENATOR DeFRANCISCO:
17 Mr. President, we have one more resolution. That
18 is Resolution 4183, by Senator Alcantara. Title
19 only, and please call on the Senator to speak.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 4183, by Senator Alcantara,
24 commemorating the 52nd anniversary of the
25 Dominican Cultural and Sports Center of New York,
1393
1 Inc., on March 22, 2018.
2 ACTING PRESIDENT GRIFFO: Senator
3 Alcantara.
4 SENATOR ALCANTARA: Thank you.
5 Today is the anniversary of the
6 founding of the Dominican-American Social Club,
7 called Deportivo Dominicano, located in Upper
8 Manhattan at the club you can play -- like any
9 good Dominican, you can play softball, baseball,
10 ping pong, bowling. And it's also a place where
11 people can go and talk about issues and get
12 connected to their home country.
13 But it's very interesting that on
14 the anniversary of -- the 50th anniversary of the
15 El Club Deportivo, it's also the anniversary of
16 when the great Roberto Clemente was voted to be
17 inducted into the Baseball Hall of Fame, being
18 the first Caribbean man and the first Latino
19 inducted into the Baseball Hall of Fame.
20 So I want to take this opportunity
21 to congratulate and remember the great Roberto
22 Clemente and to congratulate El Club Deportivo of
23 Upper Manhattan, located in Little Dominican
24 Heights in Washington Heights, New York.
25 Thank you.
1394
1 ACTING PRESIDENT GRIFFO: The
2 question is on the resolution. All in favor of
3 the resolution signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 resolution is adopted.
9 And Senator Alcantara has offered
10 the resolution up for cosponsorship. Should you
11 choose to be a cosponsor, please notify the desk.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Yes, a couple
14 of announcements.
15 First of all, is there any further
16 business at the desk?
17 ACTING PRESIDENT GRIFFO: There is
18 no further business currently at the desk.
19 SENATOR DeFRANCISCO: Immediately
20 following this session there will be a Codes
21 meeting in Room 124 of the Capitol.
22 ACTING PRESIDENT GRIFFO:
23 Immediately following the session, there will be
24 a meeting of the Codes Committee in Room 124 of
25 the Capitol.
1395
1 SENATOR DeFRANCISCO: And tomorrow
2 at 1:00 p.m. there will be a Republican
3 conference in Room 332. That's 1:00 p.m.
4 ACTING PRESIDENT GRIFFO: There
5 will be a Republican conference tomorrow at
6 1:00 p.m. in Room 332.
7 SENATOR DeFRANCISCO: And there
8 being no further business, I move to adjourn
9 until Wednesday, March 21st, at 3:00 p.m.
10 ACTING PRESIDENT GRIFFO: Upon
11 motion, the Senate will stand adjourned until
12 Wednesday, March 21st, at 3:00 p.m.
13 The Senate stands adjourned this
14 first day of spring.
15 (Whereupon, at 4:21 p.m., the Senate
16 adjourned.)
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