Regular Session - March 28, 2018

                                                                   1620

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 28, 2018

11                     4:05 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR ROBERT ORTT, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1621

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

 2                ACTING PRESIDENT ORTT:   The Senate 

 3   will come to order.  

 4                Please rise and stand with me for 

 5   the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.) 

 8                ACTING PRESIDENT ORTT:   In the 

 9   absence of clergy, we'll observe a moment of 

10   silence.  

11                (Whereupon, the assemblage 

12   respected a moment of silence.)

13                ACTING PRESIDENT ORTT:   Reading of 

14   the Journal.

15                THE SECRETARY:   In Senate, 

16   Tuesday, March 27th, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, March 26th, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT ORTT:   Without 

21   objection, the Journal stands approved as read.  

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.  

25                THE SECRETARY:   On page 28, 


                                                               1622

 1   Senator Murphy moves to discharge, from the 

 2   Committee on Investigations and Government 

 3   Operations, Assembly Bill Number 7906 and 

 4   substitute it for the identical Senate Bill 

 5   5962, Third Reading Calendar 434.

 6                ACTING PRESIDENT ORTT:   The 

 7   substitution is ordered.

 8                Messages from the Governor.

 9                Reports of standing committees.

10                Reports of select committees.

11                Communications and reports of state 

12   officers.

13                Motions and resolutions.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Yes, 

16   Mr. President, can we take up previously adopted 

17   Resolution 3874, by Senator Murphy, read it in 

18   its entirety, and call on Senator Murphy to 

19   speak.

20                ACTING PRESIDENT ORTT:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 3874, by Senator Murphy, 

24   recognizing March 29, 2018, as Vietnam Veterans 

25   Day.


                                                               1623

 1                "WHEREAS, The State of New York 

 2   takes great pride in acknowledging days of 

 3   observance of significant historic events; and 

 4                "WHEREAS, March 29, 2018, has been 

 5   declared Vietnam Veterans Day; and 

 6                "WHEREAS, The United States carried  

 7   out its first combat mission against the 

 8   Viet Cong on January 12, 1962; in Operation 

 9   Chopper, United States Army pilots lifted more 

10   than 1,000 South Vietnam service members over 

11   jungle and underbrush to capture a National 

12   Liberation Front stronghold near Saigon; and 

13                "WHEREAS, The last American troops 

14   left Vietnam on March 29, 1973; and 

15                "WHEREAS, During the 11-year war, 

16   Americans from different backgrounds, races, and 

17   creeds banded together to fight against the 

18   Viet Cong; and 

19                "WHEREAS, More than 3 million 

20   Americans served their country, and more than 

21   58,000 sacrificed their lives; the names of 

22   those lost are forever engraved in the black 

23   granite Vietnam Memorial in Washington, D.C.; 

24   and 

25                "WHEREAS, The Vietnam War era was a 


                                                               1624

 1   tumultuous time in America; when our brave 

 2   service members returned home, often with  

 3   physical and emotional scars, the voices of those 

 4   who opposed the war sadly overcame those who 

 5   supported our troops; and 

 6                "WHEREAS, The State of New York 

 7   wishes to show its Vietnam veterans the respect 

 8   and appreciation they deserve, but did not always  

 9   get when they returned home; now, therefore, be 

10   it 

11                "RESOLVED, That this Legislative 

12   Body pause in its deliberations to recognize 

13   March 29, 2018, as Vietnam Veterans Day, and to 

14   thank our brave Vietnam veterans for their 

15   honorable service to their country; and be it 

16   further 

17                "RESOLVED, that copies of this 

18   resolution, suitably engrossed, be transmitted to 

19   Vietnam veteran organizations."

20                ACTING PRESIDENT ORTT:   Senator 

21   Murphy on the resolution.

22                SENATOR MURPHY:   Mr. President, 

23   thank you.  

24                I rise today to acknowledge the 

25   brave men and women that served in our armed 


                                                               1625

 1   forces during the Vietnam War.  As the resolution 

 2   indicates, there was 58,000 names on the Vietnam 

 3   Memorial Wall.  The men and women among us today 

 4   are among the ones that actually made it home.  

 5   For many of them, coming home was the hardest 

 6   part of their service.

 7                This Thursday, March 29th, is our 

 8   third annual Vietnam Veterans Day in New York 

 9   State.  So today and tomorrow is about them.  

10   They volunteered and were drafted into the 

11   service.  They wore the uniform.  They were sent 

12   to a faraway place and saw what hell looks like.  

13   They came home to a broken country.  They endured 

14   the dirty looks, the ugly comments, and much more 

15   worse.

16                The United States has never been a 

17   perfect country, but it is a great country and 

18   their service has made the contribution to the 

19   greatest country that we all live in.  We can't 

20   thank you enough.  

21                As far as I'm concerned, anybody who 

22   serves in the military for the United States of 

23   America and fights for our freedom, the red 

24   carpet should be rolled out for them when they 

25   come home.  We should be doing the right things 


                                                               1626

 1   as legislators in the great State of New York to 

 2   make sure we take care of all of our veterans.  

 3   The ones that are fighting over there now, let's 

 4   not forget them.  May they come home safe.

 5                Mr. President, it is an honor and a 

 6   privilege to have approximately 40 of our great 

 7   men and women from the Vietnam veteran era here 

 8   to be present in the great chamber right here.  

 9   Thank you.  Thank you all.  God bless you.  Thank 

10   you for your service to the great State of 

11   New York and the United States of America.  It is 

12   a privilege to have you all here.  I hope you had 

13   a wonderful day, and may God bless you and thank 

14   you for coming up here.

15                But before I stop, Mr. President, I 

16   would just like to acknowledge a few of our own 

17   members that serve each and every day right here 

18   in the New York State Senate that have served our 

19   country.

20                We have our U.S. Commander from the 

21   United States Army, Senator Tom Croci.  Senator 

22   Croci, would you just mind standing?

23                SENATOR CROCI:   I'm Navy.

24                SENATOR MURPHY:   The Navy, I'm 

25   sorry.  


                                                               1627

 1                (Laughter.)

 2                SENATOR MURPHY:   You're the Army.  

 3   You're the Army.  United States Navy commander.  

 4                We have Senator Robert Ortt, United 

 5   States Army first lieutenant, presiding over the 

 6   floor today.

 7                We have U.S. Army Colonel Bill 

 8   Larkin in the back there.  

 9                We have a captain from our Air 

10   Force, Senator DeFrancisco.  

11                We have United States Army Infantry, 

12   Senator Marty Golden.  

13                We have Senator James Sanders, 

14   United States Marine Corps, E-4 infantry.  

15                Thank you all for your service.  May 

16   God bless you.

17                Mr. President, I know we have a few 

18   other speakers here.  Thank you all for your 

19   service.  God bless.

20                ACTING PRESIDENT ORTT:   Thank you, 

21   Senator Murphy.

22                Senator Kennedy on the resolution.

23                SENATOR KENNEDY:   Thank you, 

24   Mr. President.

25                I rise simply to honor these brave 


                                                               1628

 1   men and women who have served so nobly this great 

 2   country and to say two simple words:  Thank you.  

 3   Thank you for your service.  Thank you for your 

 4   dedication.  Thank you for your sacrifice.  

 5                Two words that this country sorely 

 6   needs to continue to provide to you because, as 

 7   mentioned by Senator Murphy, upon your return 

 8   home decades ago, it was rare to hear those words 

 9   of thanks.  

10                And our country in so many different 

11   ways today is still suffering because of so many 

12   of the divisive issues that were dealt with as 

13   the war raged on the other side of the globe.  

14   We're still healing from that tumultuous time in 

15   our nation's history.  

16                And I'll tell you, it was only 

17   recently that I learned as much as I did about 

18   your plight and your brothers' and sisters' 

19   plight in Vietnam.  I was born in 1976, after the 

20   war was over.  So for me coming up, hearing about 

21   the Vietnam War was a bit of an obscurity.  It 

22   was just another war that had been fought before 

23   I was around, like World War Two and World War 

24   One and Korea.  

25                Recently I was educated by the 


                                                               1629

 1   extraordinary documentary by Ken Burns, which was 

 2   over 20 hours long, I believe 10 different 

 3   episodes.  And it showed in gory and graphic 

 4   detail the horrors of war, specifically the 

 5   horrors that you had to endure in Vietnam.  And 

 6   it opened my eyes to what could possibly happen 

 7   if government is run roughshod, if government 

 8   isn't run with transparency, if government isn't 

 9   run with honor -- when the people of this great 

10   country are told lies, so many different sides.  

11                And it is a reminder to us in 

12   government at every single level and in society, 

13   in this extraordinary unique and great United 

14   States of America that we live in -- that you 

15   fought for, that you sacrificed for, that you 

16   bled for and that many of your brothers and 

17   sisters died for -- that we have an obligation to 

18   this country and to the people that we serve to 

19   do so with honor and respect and dignity.  And 

20   that is something that each and every one of us 

21   has to strive for every day.

22                I am absolutely in awe of each and 

23   every one of you Vietnam veterans, of your 

24   brothers and sisters that you fought with, of 

25   those that paid the ultimate sacrifice, and what 


                                                               1630

 1   you did, how you did it, why you did it and what 

 2   you dealt with not only while you were there, in 

 3   country, but when you came home.

 4                It is an honor to be in your 

 5   presence, and I thank you for your service to the 

 6   greatest country in the history of the world.  

 7   Thank you, and God bless.

 8                ACTING PRESIDENT ORTT:   Senator 

 9   Larkin on the resolution.

10                SENATOR LARKIN:   Thank you, 

11   Mr. President.  

12                To my colleagues, wherever the hell 

13   you are in this building, you should be in this 

14   room right now.  We're saying thank you to 

15   America's bravest.  

16                There is no joy in combat.  Murphy 

17   said that so many times today, I now remembered.  

18   But what are we saying?  Those of us who were in 

19   World War Two and Korea, we thought we were 

20   finished, there was no more.  And then came 

21   Vietnam.  And people spit at us.  People wouldn't 

22   talk to us.  People threw stuff at us.  

23                Yes, but they damn well didn't take 

24   the effort to raise their right hand and say 

25   "I'll go."  But we went.  We went for one reason.  


                                                               1631

 1   We love this damn country of ours, and we're not 

 2   going to let anybody take us away.

 3                Just look at the ages.  Anybody over 

 4   there 80 years of age, stand up.  So you want to 

 5   call me an old man then, huh?  

 6                (Laughter.)

 7                SENATOR LARKIN:   I'm very proud of 

 8   you.  I know most of you.  Some of us, we 

 9   soldiered together.  Some of us had a glass of 

10   water -- and we were in Brooklyn and Marty Golden 

11   gave us the water and it turned brown.  But we 

12   didn't ruin it, we took good care of it.

13                Yes, ladies and gentlemen, they are 

14   heroes.  They're not just heroes, they're 

15   America's finest.

16                You know, when I hear people say, 

17   Well, I would have gone, but, you know, I had 

18   a -- my left toe was bothering me, I could look 

19   at them and say I remember the guy that was in 

20   basic training with me, 17 years old.  He was 

21   old; I was 16.  But when the first sergeant said 

22   Mitchell got his head blown off today, I cried.  

23   You're damn right I cried.  Could have been me.

24                When I come home, I saw guys that 

25   said, Oh, I was in college, I was doing the best 


                                                               1632

 1   I could to be a teacher.  I said you know what?  

 2   There's a lot of others taught.  They taught 

 3   people that we Americans are not going to be 

 4   dictated by anybody.  We're the greatest nation 

 5   on this earth.  

 6                Ladies and gentlemen, please join me 

 7   in thanking these dedicated men and women, the 

 8   real heroes of our country.

 9                Thank you very much.

10                (Standing ovation.)

11                ACTING PRESIDENT ORTT:   Senator 

12   Sanders on the resolution.

13                SENATOR SANDERS:   Thank you, 

14   Mr. President.

15                First I want to thank the sponsor of 

16   this resolution, Senator Murphy, and my fellow 

17   vets.  Job well done.  I'm just having a little 

18   difficulty understanding why Senator Golden was 

19   giving out brown water.  But short of that, I'm 

20   sure that that will come to me.

21                My brother, a Marine Corps scuba 

22   diver, had a problem when he heard that I was 

23   going to join the Marines.  He said to me:  "If 

24   you want to live, you'd better find you a 

25   grizzled sergeant, get to him and stick with 


                                                               1633

 1   him."  And that was some very, very good advice 

 2   that he gave me.  Because I discovered that that 

 3   was a generation that came back, and they -- they 

 4   really earned it.  They understood that all gave 

 5   some, and some gave all that there was to give.

 6                I also understand that when we speak 

 7   of war and peace, we should learn from this war 

 8   and say that before we spill American blood or 

 9   treasure, let us make sure that America's 

10   interests are under attack.  If America's 

11   interests are under attack, we should fight 

12   quickly, expeditiously, and teach as many lessons 

13   as we can.  But if they're not, then we should 

14   find other ways.

15                Gentlemen, you guys stood on the 

16   wall.  You guarded it, you made sure that nobody 

17   was going to come across there who wanted to 

18   bring harm.  It was lonely, it was cold, it was 

19   raining, it was muddy, it was all of that stuff.  

20   And then you had a hard time.

21                But you guarded that wall, and 

22   generations after you are guarding that wall, and 

23   people are still guarding that same wall.

24                To all of you, I really say thank 

25   you.  And to the Marines, I say Urra, which is 


                                                               1634

 1   what we do when we go and take care of a little 

 2   business here and there.

 3                I know this.  Mr. President, I know 

 4   that as long as America produces youth who will 

 5   value freedom more than they will value life, 

 6   then this noble experiment will continue.  And it 

 7   is an experiment, a very noble one, one that we 

 8   are playing a part in every day that we do.

 9                And part of our part, if you wish, 

10   is to make sure that gentlemen like these -- and 

11   ladies, I stand corrected -- are taken care of, 

12   that their needs are met.  That we don't just 

13   love them in the theory, but we make sure that we 

14   meet their needs as they come home.  As we do 

15   that, we make sure that we stand with those who 

16   are guarding the wall on some far-off soil.

17                So as long as America produces youth 

18   in the spirit of these men and women, then the 

19   noble experiment will continue.  I congratulate 

20   you all.  I congratulate you for coming up with 

21   this idea.  It's an excellent idea.  And to all 

22   of my colleagues in general, and to the veterans 

23   in particular, let us stand tall.  We have a 

24   different wall to guard.  Let's make sure that we 

25   guard it well every day.


                                                               1635

 1                Thank you very much, sir.

 2                ACTING PRESIDENT ORTT:   Senator 

 3   Marchione on the resolution.

 4                SENATOR MARCHIONE:   Thank you, 

 5   Mr. President.

 6                I first would like to thank Senator 

 7   Murphy for bringing this forward.  Thank you so 

 8   very much for remembering our Vietnam veterans.  

 9                As what has been stated here today, 

10   it was a really -- not only a very tough war 

11   away, but it was very tough when they came home, 

12   and I remember that.

13                I want just to reiterate a story to 

14   you.  During the 50th anniversary, I brought the 

15   Vietnam monument to my community and the Town of 

16   Halfmoon.  And one of the concerns I had was they 

17   said you needed to have at least 300 volunteers 

18   in order to be able to have the Vietnam Wall come 

19   in for a five-or-six-day period.  And we said to 

20   ourselves, it's really a project we want to do, 

21   but can we get 300 people who would be willing to 

22   volunteer their time?  

23                I want you to know we sent out a 

24   survey, as part of a regular survey that we do, 

25   and one of the questions was:  If we brought in 


                                                               1636

 1   the Vietnam Moving Wall, would you be willing to 

 2   volunteer?  And I want you to know in a week's 

 3   time we had 750 volunteers who wanted to come pay 

 4   their -- and do what they could so that the 

 5   Vietnam Moving Wall could be brought into their 

 6   community.  

 7                I think that speaks well that we are 

 8   no longer this nation who didn't treat you as you 

 9   needed to be treated, but we are a nation of 

10   people who care, who wanted to say thank you, who 

11   wanted to say welcome home.

12                So thank you so much for being here 

13   today.  Thank you for what you have done for our 

14   country.  We are so proud of you and so very 

15   grateful.

16                Thank you, Mr. President.

17                ACTING PRESIDENT ORTT:   Senator 

18   Akshar on the resolution.

19                SENATOR AKSHAR:   Mr. President, 

20   thank you very much for your indulgence.  On the 

21   resolution.

22                Senator Murphy, for your leadership 

23   on bringing forth this resolution.  I said the 

24   other day my most favorite resolution of course 

25   was brought forth by Senator Marchione for World 


                                                               1637

 1   Down Syndrome Day.  Fellas, this is my second 

 2   most favorite day in Albany.

 3                Colonel Larkin spoke about us being 

 4   the greatest nation on earth, and no truer words 

 5   have been spoken.  That is very true because of 

 6   everything that you have done and the sacrifices 

 7   that you have put forth.  

 8                All of our veterans deserve our debt 

 9   of gratitude.  But I'm here to say while the 

10   Vietnam era was much before my time, you all 

11   deserve our deepest debt of gratitude.  And I say 

12   that because I think about -- and I said this 

13   earlier when we were together -- I think about 

14   the trials and tribulations that all of you went 

15   through specifically when you came home.  I'll 

16   describe them as this.  Uncalled for, 

17   disrespectful, and un-American.  And I don't have 

18   a problem saying that.  The way you were treated 

19   was un-American.  

20                And unfortunately, I think people 

21   got caught up in the politics of the war and 

22   forgot what was truly important -- the men and 

23   women who were fighting for our freedom and for 

24   others' freedom, and you coming home.

25                But I want to say this again -- and 


                                                               1638

 1   again, I said it earlier -- your sacrifice, all 

 2   that you endured during that particular time 

 3   coming home, I feel very comfortable saying that 

 4   that has served as an edification for the rest of 

 5   America today, because we're not seeing that 

 6   happen.  And we are in a much better position 

 7   today, thanks to your sacrifice, in regards to 

 8   the way that we treat the men and women who serve 

 9   this country so selflessly.

10                So today I say thank you as well, 

11   along with my colleagues.  Welcome home.  And we 

12   do in fact live in the greatest nation on the 

13   face of this earth because of you.  Thank you 

14   very much.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT ORTT:   Senator 

17   Brooks on the resolution.

18                SENATOR BROOKS:   Thank you, 

19   Mr. President.

20                Thank you, Senator Murphy, for 

21   introducing this resolution.

22                To the veterans, we all still 

23   remember well how divided a nation we were during 

24   that war.  We still remember well the welcome 

25   home you didn't receive.


                                                               1639

 1                As one veteran to another, I say 

 2   thank you for your service, and welcome home.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT ORTT:   Thank you, 

 5   Senator Brooks.

 6                Senator Golden on the resolution.

 7                SENATOR GOLDEN:   Thank you, 

 8   Mr. President.

 9                I rise to thank the Colonel and of 

10   course Senator Flanagan, our leader here, and of 

11   course Senator Murphy and all of my colleagues 

12   that are on this resolution across the aisle and 

13   here on this side of the aisle.

14                I will tell you this is a great day 

15   to be able to honor our great veterans.  And I 

16   think the brown water comes from -- I won't go 

17   back to the Battle of Brooklyn, but I will go 

18   back to that we built the ships in World War One 

19   and World War Two and Korea that brought our 

20   troops to battle and brought them home.  

21                And those that came home, not only 

22   did you see -- those that died with you and by 

23   your side, they came back through the Brooklyn 

24   Army Terminal.  And if you were an Army recruit, 

25   you got inducted through Fort Hamilton Army Base, 


                                                               1640

 1   and you left through Brooklyn.  

 2                And luckily many of you came back, 

 3   and God sent you back.  Many of you came back 

 4   with war injuries, both physically and mental.  

 5   And it's unfortunate to see how many of our 

 6   soldiers had died, not only in Vietnam but 

 7   through all of those wars.  And then to come back 

 8   here and see what they got and happened to them 

 9   in this nation, and not able to get a job, and 

10   the suicide rate the highest that we've ever 

11   seen.  It was so sad to lose your brother in war 

12   and then to come back here and see your brother 

13   dying in the street as well.  No jobs for them, 

14   nobody reaching out to them.  

15                Well, we've seen what's happened and 

16   we see what's going on today.  But this 

17   conference here on both sides, both the Assembly 

18   and the Senate, we work for our American soldier, 

19   to make sure that we have credits for our 

20   veterans for jobs, to make sure we're there if 

21   they're sick, if they need help and housing, by 

22   making sure that we keep our VA hospitals open.  

23                We're making sure that our forts are 

24   taken care of.  They used to be camps many years 

25   ago -- Camp Smith, Camp Drum -- today they're 


                                                               1641

 1   forts.  And we're making sure that we're 

 2   supplying money into those forts to keep those 

 3   forts open, from the State Senate, from the State 

 4   Assembly and from this Governor, because it's the 

 5   right thing to do.

 6                And our men and women are still 

 7   dying from unfortunate suicide and opioid 

 8   addiction, and we're reaching in there as well to 

 9   make sure that we can help those men and women 

10   that are returning that need that help, making 

11   sure that they get the jobs, making sure that 

12   they get the education that you never got back 

13   when you came back here in the '60s and '70s.  

14                It's a different world today.  And 

15   we know what you've suffered, and we learned from 

16   it.  We still have a lot more to learn.  We still 

17   have a lot more to do.  But I've got to say, 

18   without your service and the service of people 

19   like Colonel Larkin and the other members here 

20   that have served, we wouldn't be living in the 

21   greatest state in the greatest nation in the 

22   world.  Because we are, because of your service 

23   and for the men and women that went before you 

24   and those that will come after you.  That's why 

25   this is the greatest country in the world.


                                                               1642

 1                Thank you for your service.  May God 

 2   bless you.  Thank you for being here.

 3                ACTING PRESIDENT ORTT:   Senator 

 4   Serino on the resolution.

 5                SENATOR SERINO:   Thank you, 

 6   Mr. President.

 7                And thank you, Senator Murphy.  I 

 8   recognize quite a few of our veterans here today.  

 9   And I want to say thank you from the bottom of my 

10   heart.  

11                For the past few years I've been 

12   going to the Honor Flight at Stewart Air Force 

13   Base with Colonel Larkin, and it's been an 

14   amazing experience.  In September of 2016, I was 

15   an honor guard for a Korean War veteran.  But 

16   now, as you know because you've been there, 

17   they've opened it up to the Vietnam veterans.  

18   And I don't know what's more emotional, being 

19   there with our veterans from World War Two, 

20   Korean War veterans or our Vietnam veterans who, 

21   as the Colonel said, were treated horribly when 

22   each and every one of you came home.

23                So it's an amazing time.  And 

24   anytime I speak about veterans or have veterans 

25   in the room, I feel that it is my job to tell 


                                                               1643

 1   people to please try and attend these Honor 

 2   Flights, thank our veterans.  And it's the 

 3   greatest experience in your lifetime, I promise 

 4   you that.

 5                So thank you from the bottom of my 

 6   heart.  Thank you.

 7                ACTING PRESIDENT ORTT:   Are there 

 8   any other members who wish to be heard on the 

 9   resolution?  Seeing as there are none, Senator 

10   DeFrancisco to close.

11                SENATOR DeFRANCISCO:   Thank you, 

12   Senator Murphy, Colonel Larkin, and thank you for 

13   the veterans that are here today.

14                You know, I've been here 26 years, 

15   and I never thought of this before.  And I don't 

16   know why I thought about it now, but I think it 

17   puts a different perspective on what you are and 

18   what you've done and what we've benefited from.

19                I've played baseball since I was a 

20   kid, a young kid.  And on one of those teams way 

21   back when, there was a fellow on the team called 

22   David Doomis -- a little chubby guy, tough as 

23   nails, looked more like a football player.  But 

24   David would always have a smile on his face, 

25   always being ready to joke about something that 


                                                               1644

 1   usually wasn't funny, but he found laughter in 

 2   everything.

 3                So we played ball together up till I 

 4   think we were 12 or 13 years old, we went our 

 5   separate ways, separate schools.  We still knew 

 6   each other well during high school and the like.  

 7   I went off to college, he enlisted in the Army 

 8   and went to Vietnam.

 9                He was wounded in battle twice 

10   before he was 21 years old, and kept going back.  

11   He served more than one tour of duty.  And 

12   ultimately he was killed, at age 22.  

13                And when I think back about since 

14   that time what I've been able to do and what 

15   benefits I receive from our military and David 

16   Doomis -- things that he never had a chance for.  

17   I married my high school sweetheart, we're going 

18   to be married 50 years this July.  We've had 

19   three phenomenal children, eight grandchildren.  

20                I've been able to go to college, to 

21   law school, served in the Air Force, fortunately 

22   not in combat.  I've been able to have a 

23   political career besides a law practice.  All the 

24   things that this country offers to those who get 

25   the opportunity and take up that opportunity.  


                                                               1645

 1   And David never had that chance.  

 2                And so to me, that's what this day 

 3   means and that's what veterans mean to me.  

 4   Because there's a direct correlation of his 

 5   sacrifice to what I've been able to do and what 

 6   everyone in this room has been able to do.

 7                So thank you for being here.  It's 

 8   important.  Without you, this would not be a 

 9   resolution that would be so important.  And thank 

10   you for everything you've done.  

11                And as we go forward, my only ask is 

12   this, to everybody that's maybe listening 

13   somewhere.  And that is we have to unify as a 

14   country.  No matter what our political 

15   differences are, we've got to say frequently, and 

16   believe it, that this is a great country.  

17   Diversity, differences of opinion -- but for 

18   crying out loud, we have a country that we should 

19   all be proud of.  And it's because of the people, 

20   the men and women in this room, that serve.

21                So thank you, Mr. President, and God 

22   bless all of you.

23                ACTING PRESIDENT ORTT:   Thank you, 

24   Senator DeFrancisco.

25                To the men and women, the veterans 


                                                               1646

 1   who are here, thank you for your service, your 

 2   sacrifice.  And we extend all the privileges and 

 3   the courtesies of this house to you.  And we say, 

 4   on behalf of a grateful state and a grateful 

 5   nation, welcome home.  

 6                Please rise and be recognized).

 7                (Extended standing ovation.)

 8                ACTING PRESIDENT ORTT:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:    

11   Mr. President, I wish to call up Senate Print 

12   7838, by Senator Ritchie, recalled from the 

13   Assembly, which is now at the desk.

14                ACTING PRESIDENT ORTT:   The 

15   previous resolution is open for cosponsorship.  

16   All members will be listed as cosponsors.  Any 

17   member who wishes not to be a cosponsor, please 

18   notify the desk.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   554, by Senator Ritchie, Senate Print 7838, an 

22   act to amend the Education Law.

23                SENATOR DeFRANCISCO:   

24   Mr. President, I now move to reconsider the vote 

25   by which this bill was passed.


                                                               1647

 1                ACTING PRESIDENT ORTT:   Call the 

 2   roll on reconsideration.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT ORTT:   The bill is 

 6   restored to its place on the Third Reading 

 7   Calendar.

 8                SENATOR DeFRANCISCO:   I now offer 

 9   the following amendments.

10                ACTING PRESIDENT ORTT:   The 

11   amendments are received, and the bill shall 

12   retain its place on the Third Reading Calendar.

13                SENATOR DeFRANCISCO:   Can we now 

14   take up a privileged resolution, by Senator 

15   Phillips, read it in its entirety, and call on 

16   Senator Phillips to speak.

17                ACTING PRESIDENT ORTT:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution by Senator Phillips, paying tribute to 

21   the life and valiant service of Lieutenant 

22   Michael R. Davidson, who died on March 23, 2018.  

23                "WHEREAS, Citizens across our state 

24   and nation are inspired by and indebted to our 

25   valiant firefighters who exhibit courage and 


                                                               1648

 1   bravery every day in the course of their duties; 

 2   and 

 3                "WHEREAS, Firefighters exemplify the 

 4   power of human compassion and the strength of the 

 5   American spirit through actions of the most 

 6   heroic magnitude; their sacrifices and their 

 7   selfless dedication merit tribute and recognition 

 8   by all citizens of this great country; and 

 9                "WHEREAS, Lieutenant Michael 

10   Davidson of the New York City Fire Department 

11   heroically performed, above and beyond the call 

12   of duty, those responsibilities which define the 

13   task of fire protection; and 

14                "WHEREAS, This Legislative Body is 

15   moved this day to record the passing of 

16   Lieutenant Michael R. Davidson; while responding 

17   to an emergency call on March 23, 2018, he made 

18   the supreme sacrifice; leaving behind his beloved 

19   wife, Eileen, and their four precious children; 

20   and 

21                "WHEREAS, Having served for 

22   Engine 69 like his father, Lieutenant Michael R. 

23   Davidson served for 15 years, having been cited 

24   four times for bravery life-saving actions; and 

25                "WHEREAS, Lieutenant Michael R. 


                                                               1649

 1   Davidson genuinely loved being a firefighter; he 

 2   was a vital member of the Floral Park community 

 3   as well as the Harlem-based Engine 69; he 

 4   volunteered countless hours of service to not 

 5   only his Floral Park neighbors, but to numerous 

 6   lives in the State of New York; and 

 7                "WHEREAS, Known by many as a 

 8   natural-born leader and one of the finest 

 9   firefighters in the State of New York, Lieutenant 

10   Michael R. Davidson was a cherished member of the 

11   Fire Department of New York; and 

12                "WHEREAS, Lieutenant Michael R. 

13   Davidson's engine team and neighbors feel truly 

14   blessed to have known and loved him; he was a 

15   devoted father and a beloved husband who 

16   dedicated his life to caring for his family; he 

17   will be remembered as a warm and caring friend 

18   who was always ready to lend a helping hand; and 

19                "WHEREAS, Throughout his meritorious 

20   life, Lieutenant Michael R. Davidson touched many 

21   people through his kindness and commitment to 

22   service, and, as we recall the loss of this great 

23   man, we memorialize his remarkable life and the 

24   enormous impact he had on everyone with whom he 

25   came in contact; and 


                                                               1650

 1                "WHEREAS, Having passed too soon, 

 2   Michael R. Davidson has been posthumously raised 

 3   to the esteemed ranking of Lieutenant; and 

 4                "WHEREAS, It is the sense of this 

 5   Legislative Body to convey its grateful 

 6   appreciation and heartfelt regret in recognition 

 7   of a courageous firefighter who dedicated his 

 8   purposeful life and career in faithful service to 

 9   his family and community; now, therefore, be it 

10                "RESOLVED, That this Legislative 

11   Body pause in its deliberations to pay tribute to 

12   the life and valiant service of Lieutenant 

13   Michael R. Davidson who died on March 23, 2018; 

14   and be it further 

15                "RESOLVED, That a copy of this 

16   resolution, suitably engrossed, be transmitted to 

17   the family of Lieutenant Michael R. Davidson."

18                ACTING PRESIDENT ORTT:   Senator 

19   Phillips on the resolution.

20                SENATOR PHILLIPS:   Thank you, 

21   Mr. President.

22                So today we're here not only to 

23   honor the heroes that are here in this Senate 

24   chamber today, but also to honor a hero who last 

25   Thursday evening gave his life.  


                                                               1651

 1                And I first want to thank my Senate 

 2   colleagues for yesterday taking that moment of 

 3   silence.  

 4                As we discussed yesterday, at 

 5   10 o'clock yesterday morning, firefighters from 

 6   across the United States came to pay their 

 7   tribute to Lieutenant Michael Davidson, who was a 

 8   15-year veteran of the Fire Department, a --

 9                ACTING PRESIDENT ORTT:   Can we have 

10   some order in the house, please.

11                SENATOR PHILLIPS:   Thank you.  

12                 -- a 15-year veteran, a resident of 

13   the Village of Floral Park.  

14                As the resolution so clearly says, 

15   he was beyond that, though.  He was a husband, he 

16   was a son from a fire-fighting family.  His 

17   father worked in the same -- up in Harlem, as 

18   with him.  His brother is a current firefighter.  

19   Husband to Eileen, and a father to four children, 

20   ages 7, 6, 3 and 1.

21                And I know I can speak for every 

22   person in this Senate chamber today.  But can you 

23   imagine, can you imagine not having the 

24   opportunity to watch these children grow?  I 

25   can't.


                                                               1652

 1                So Michael Davidson, a true hero, 

 2   just like the men and the women here in this 

 3   audience.  Thank you for coming today.  And we 

 4   owe so much dedication and respect to Michael, 

 5   because he truly is the American hero.  We will 

 6   all mourn his loss.  May he rest in peace.

 7                Thank you.

 8                ACTING PRESIDENT ORTT:   Senator 

 9   Golden on the resolution.

10                SENATOR GOLDEN:   I rise to thank 

11   Senator Phillips for bringing this resolution to 

12   the floor.  

13                We spoke about our military units, 

14   and now we're speaking about our paramilitary 

15   units.  And many of the military men and women 

16   that returned went into paramilitary units.  

17                The Fire Department had a tough time 

18   last week; they lost two men in a helicopter 

19   accident in Iraq.  We had another one die from 

20   9/11 that went -- he was the guy that took the 

21   boat and took the people off the island and took 

22   them to safety on 9/11.  And he died from 9/11 

23   cancers in Brooklyn this past week.  And now 

24   we're talking about Michael.  Michael, who 

25   went -- as every morning, gets up and goes to 


                                                               1653

 1   work, and his wife never knew, he would never 

 2   know if he'd never come home.  You always have 

 3   that fear, if you're a police officer or a 

 4   fireman, that someday you may be called and you 

 5   may not return.  Or you'll come back with 

 6   injuries that are life-threatening and last a 

 7   lifetime.

 8                In this particular case, this young 

 9   man, four kids, as Senator Phillips has said -- 

10   his wife fought two battles of cancer, just 

11   getting over breast cancer.  This family has been 

12   pushed right to the very end.  And they've never 

13   lost their faith, as you could see in 

14   St. Patrick's Cathedral, the thousands that came 

15   out for this young man.

16                Mike Long, many of you that know 

17   him, his son, that was his hose man.  They worked 

18   together, they were best friends.  

19                He's not only a great loss to his 

20   family, he's a great loss to his friends, he's a 

21   great loss to the fire department, the family of 

22   the New York City Fire Department.  We lost a 

23   great man.  

24                We keep him in our prayers.  We 

25   thank him for his service.  And may his life 


                                                               1654

 1   never be forgotten.  And this resolution allows 

 2   him to enter into the history books forever for 

 3   his service for his city, for his state, for his 

 4   nation.

 5                May God bless him.  May God bless 

 6   his family.  And may God bless the City of 

 7   New York in this tragic loss.  

 8                Thank you, Senator Phillips.  Thank 

 9   you, my colleagues.

10                ACTING PRESIDENT ORTT:   Thank you, 

11   Senator Golden.  

12                Senator Marchione on the resolution.

13                SENATOR MARCHIONE:   Thank you, 

14   Mr. President.  

15                I'd also like to thank Senator 

16   Phillips for bringing this resolution.

17                When I first read about this 

18   terrible tragedy, I immediately put it out on my 

19   Facebook page.  Michael is not in my district, 

20   but he a fireman who risked his life and lost his 

21   life in service to his community.  That is 

22   something that we should say thank you for no 

23   matter where you live, no matter where you come 

24   from.

25                I had a brother-in-law who was a 


                                                               1655

 1   firefighter his entire life.  And it was during 

 2   the time when you fought fires from inside the 

 3   building, and he lost his life tragically at 54 

 4   to lung disease.  He gave his life for his 

 5   community as this young man did.  

 6                And I just wanted to rise today to 

 7   say thank you to him, thank you to the sacrifice 

 8   that his wife and his family have made, and to 

 9   wish them Godspeed.  Because this is a very 

10   difficult tragedy, and I just wanted to express 

11   my sincere sorrow.

12                Thank you again, Senator.

13                ACTING PRESIDENT ORTT:   Are there 

14   any other Senators who wish to be heard on the 

15   resolution?

16                Senator Benjamin.

17                SENATOR BENJAMIN:   I want to rise 

18   to thank Senator Phillips for bringing this 

19   resolution.  

20                Firefighter Davidson was serving in 

21   my district.  And I learned about him after this 

22   tragedy, found out that he had been cited for 

23   bravery four times.  This young man was 37 years 

24   old, and I'm just -- I'm 41.  

25                But he is another American hero for 


                                                               1656

 1   the work that he has done.  He was serving people 

 2   in my district, people who I'm sure he didn't 

 3   know.  He was there because there was a film that 

 4   was being taped, and a fire broke out.  And he 

 5   represented Engine 69, and he just came out 

 6   because that's what he did.  From what I 

 7   understand, he was the first to arrive.  And I'm 

 8   sure in a number of other cases he was always the 

 9   first to arrive.

10                And I just want to say, on behalf of 

11   my residents and my district, that we thank him 

12   for his service, condolences to his family, and 

13   may he rest in peace, but know that he did a lot 

14   of good while he was here.  

15                And so I want to thank Senator 

16   Phillips for bringing this to the floor, and I 

17   want to thank Firefighter Davidson for his 

18   bravery and heroics that has helped a lot of 

19   people's lives.

20                Thank you.

21                ACTING PRESIDENT ORTT:   Senator 

22   Brooks on the resolution.

23                SENATOR BROOKS:   Thank you, 

24   Mr. President.

25                Thank you to Senator Phillips for 


                                                               1657

 1   bringing this resolution.

 2                The fire service, in the end, is a 

 3   band of brothers.  The flag at my home is at 

 4   half-staff right now, and has been.  We all 

 5   recognize the risks that we take when we get on a 

 6   truck and go into a fire.  And as brothers, we 

 7   pause to remember those who paid the ultimate 

 8   sacrifice.

 9                There are no real words to say and 

10   to recognize in this particular incident where he 

11   was on the nozzle and got separated.  It's a 

12   tough situation, a fire is not a comfortable 

13   situation to be in.  And to get lost in a 

14   building is hard.  

15                But I want to extend my condolences 

16   to the family and to his brother firefighters and 

17   mourn the loss of my brother, a fellow 

18   firefighter.

19                Thank you.

20                ACTING PRESIDENT ORTT:   Any other 

21   members who wish to be heard on the resolution?  

22                Seeing as there are none, the 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               1658

 1                ACTING PRESIDENT ORTT:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT ORTT:   The 

 5   resolution is adopted.

 6                Mr. Floor Leader.

 7                SENATOR DeFRANCISCO:   Yes, can we 

 8   now take up previously adopted Resolution 3773, 

 9   by Senator Murphy, read it in its entirety, and 

10   call on Senator Croci to speak.

11                ACTING PRESIDENT ORTT:   The 

12   previous resolution is open for cosponsorship.  

13   If you would like to be a cosponsor, please 

14   notify the desk.

15                The Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 3873, by Senator Murphy 

18   recognizing March 30, 2018, as Welcome Home 

19   Vietnam Veterans Day.  

20                "Whereas, the State of New York 

21   takes great pride in commemorating days of 

22   recognition for significant historical events; 

23   and 

24                "WHEREAS, Welcome Home Vietnam 

25   Veterans Day will be commemorated on March 30, 


                                                               1659

 1   2018; and 

 2                "WHEREAS, From 1961 until 1975, in 

 3   the Republic of South Vietnam, North Vietnamese 

 4   regular forces and Viet Cong guerilla forces 

 5   waged an armed conflict with United States armed 

 6   forces and the army of the Republic of Vietnam; 

 7   and 

 8                "WHEREAS, Members of the United 

 9   States armed forces began serving in an advisory 

10   role to the government of the Republic of South  

11   Vietnam in 1961; and 

12                "WHEREAS, Following the Gulf of 

13   Tonkin incidents on August 2nd and 4th of 1965, 

14   the Gulf of Tonkin Resolution authorized the  

15   president of the United States to pursue war 

16   against North Vietnam; and 

17                "WHEREAS, American ground combat 

18   units arrived in Vietnam in 1965; by 1969, there 

19   were approximately 543,000 troops; and 

20                "WHEREAS, The Treaty of Paris was 

21   signed on January 27, 1973, requiring the release 

22   of all American prisoners of war held in North 

23   Vietnam and the withdrawal of United States armed 

24   forces from South Vietnam; withdrawal was 

25   completed on March 30, 1973; and 


                                                               1660

 1                "WHEREAS, Due to the controversy of 

 2   the war and division in our country, Vietnam 

 3   veterans did not receive the respect they 

 4   deserved upon returning home; Welcome Home 

 5   Vietnam Veterans Day is just one way that a 

 6   grateful nation is showing its appreciation; now, 

 7   therefore, be it 

 8                "RESOLVED, That this Legislative 

 9   Body pause in its deliberations to recognize 

10   March 30, 2018, as Welcome Home Vietnam Veterans 

11   Day; and be it further 

12                "RESOLVED, That copies of this 

13   resolution, suitably engrossed, be transmitted to 

14   Vietnam veterans' organizations."

15                ACTING PRESIDENT ORTT:   Senator 

16   Croci on the resolution.

17                SENATOR CROCI:   Thank you, 

18   Mr. President.

19                And once again, Senator Murphy, 

20   thank you for introducing this resolution.  I'm 

21   very proud to be able to speak on it today on 

22   your behalf.

23                First, I must start with an apology 

24   to Senator Brooks.  I provided the list of our 

25   veterans in this chamber to Senator Murphy, and 


                                                               1661

 1   I'd forgotten that Senator Brooks had served as 

 2   well.  So I wanted to make sure Senator Brooks 

 3   knew that because, Mr. President, these are the 

 4   days that I am proudest to be a member of this 

 5   body and in elected office in the Senate, when 

 6   this chamber shrinks and it doesn't feel so big 

 7   anymore and it doesn't feel like there are very 

 8   many differences.  

 9                Because I believe, and Senator 

10   Addabbo believes, as the ranker on the Veterans 

11   Committee, that there are some issues that should 

12   transcend.  Even in these tough times, there are 

13   some things that should transcend.  And certainly 

14   our veterans and the service and recognition of 

15   those who served in the Vietnam conflict is one 

16   of those things.

17                It's very important, I think, as we 

18   talk about what Welcome Home Day should mean, to 

19   recognize that there are still many veterans in 

20   that conflict and in current conflicts who don't 

21   get welcome homes because they deploy in the 

22   middle of the night, they deploy their 

23   intelligence professionals, their civilians, 

24   their military -- and they don't get a welcome 

25   home and they know they're never going to get a 


                                                               1662

 1   welcome home.

 2                But to our men and women who go 

 3   overseas in uniform to do the job, we have every 

 4   generation of warrior in this chamber today, from 

 5   World War Two and Korea to Vietnam to 

 6   Afghanistan, the Cold War.  Everybody -- all 

 7   those generations are represented in this chamber 

 8   today.

 9                And the concept of home is one of 

10   the reasons that all of us serve.  Yes, it's for 

11   the Constitution of the United States, of course.  

12   Yes, it's for the greatest republic the world has 

13   ever known, of course.  But for those who have 

14   served, they know too well that it is also for 

15   your brother to your right and your sister to 

16   your left and your family at home and that 

17   concept of community.  

18                And in this chamber, I've learned a 

19   lot about community.  We have some communities, 

20   some Senate districts that take six hours to 

21   drive across, and there are some that it's 

22   six minutes on two subway stops.  And that's -- 

23   that's what I've learned in this chamber about 

24   community.

25                So when the welcome home comes from 


                                                               1663

 1   your community, it means a lot.  There was a 

 2   commercial many years ago, I don't remember what 

 3   company did it -- I think it was around the Super 

 4   Bowl -- where there's a couple of soldiers 

 5   walking through the airport and they're in their 

 6   uniform, they've just come home from the 

 7   deployment, and that 1980s slow clap starts for 

 8   them.  And pretty much the entire airport then 

 9   erupts into applause for returning soldiers.  

10                I don't know about you, but that's 

11   the kind of thing that chokes me up and motivates 

12   me.  These gentlemen didn't get that.  And there 

13   probably are a lot of really heartfelt reasons 

14   why people thought that the men and women who are 

15   on the pointy edge of the spear were somehow 

16   responsible for it.  But as we know from the 

17   Vietnam conflict, which the first troops went in 

18   under one president and four presidents later, 

19   there were still men and women going to serve in 

20   Vietnam -- none of those men ever sat in the 

21   National Security Council and determined what to 

22   do with regard to sending, committing forces into 

23   Southeast Asia.  Their job was to protect and 

24   defend the Constitution of the United States with 

25   their very lives, to volunteer in some cases, to 


                                                               1664

 1   be volun-told, in other cases, as it was with the 

 2   draft.  But they went.  

 3                And I am gratified that in every 

 4   generation since the Revolutionary War, including 

 5   the American Civil War, our bloodiest and most 

 6   costly war, that men and women have raised their 

 7   right hand, have taken the oath and have gone off 

 8   to fight.

 9                I don't know if all of you have had 

10   the opportunity to get a welcome home in an 

11   airport subsequently.  There are many trips now 

12   where charities and government are taking Vietnam 

13   veterans to Vietnam.  And as they come home, 

14   veterans groups will meet them at the airport and 

15   welcome them home.  Today this is your welcome 

16   home.

17                The last thing I just want to 

18   compliment this generation of warrior on is 

19   regardless of the treatment that they received 

20   when they returned home, they have pledged that 

21   no generation subsequently will ever face that.  

22   And that no veteran who served will ever go 

23   without the honor and recognition that they 

24   deserve.  

25                And we see that in their services at 


                                                               1665

 1   funerals for our veterans.  We see that as they 

 2   counsel and work with our prison population, the 

 3   Vietnam Veterans of America are working with our 

 4   prisoners today, in jail, helping veterans who 

 5   have posttraumatic stress disorder.  Regardless 

 6   of the treatment, you decided that it was your 

 7   mission to give back and to make sure that never 

 8   happened again.

 9                Welcome Home day is for you.  Not 

10   just your welcome home from service, but a great 

11   debt of gratitude that we owe you for paying 

12   forward what you never received.

13                So, Mr. President, I'm so privileged 

14   to be able to speak on Senator Murphy's behalf on 

15   this resolution.  I want to thank every member in 

16   this chamber for the way that you embrace 

17   veterans and the way sometimes we forget about 

18   elections and we think more about the 

19   Constitution and the system of government that 

20   allows us to have those elections every year.

21                Thank you, Mr. President.

22                ACTING PRESIDENT ORTT:   Are there 

23   any other members who wish to speak on the 

24   resolution?  

25                Seeing as there are none, Senator 


                                                               1666

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:   Can we open 

 3   it open up for cosponsorship, please.

 4                ACTING PRESIDENT ORTT:   The 

 5   Resolution is open for cosponsorship.  Any member 

 6   wishing to be a cosponsor will notify the desk.

 7                SENATOR DeFRANCISCO:   Can we now 

 8   take up previously adopted Resolution 4296, by 

 9   Senator Boyle, read the title only, and call on 

10   Senator Boyle to speak.

11                ACTING PRESIDENT ORTT:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 4296, by Senator Boyle, 

15   commending the New York State Ancient Order of 

16   Hibernians and the New York State Ladies Ancient 

17   Order of Hibernians upon the occasion of honoring 

18   Ireland's 1918 Freedom Mandate, in remembrance of 

19   the 1916 Easter Rising.

20                ACTING PRESIDENT ORTT:   Senator 

21   Boyle on the resolution.

22                SENATOR BOYLE:   Thank you, 

23   Mr. President.  

24                I rise to briefly commemorate this 

25   resolution and to thank the New York State 


                                                               1667

 1   Ancient Order of Hibernians, its president Vic 

 2   Vogel, and women's president, Jacqueline Clute.  

 3                It names April 24, 2018, as the 

 4   hundredth anniversary of the Freedom Mandate in 

 5   Ireland.  Ireland in 1918 was not a free country 

 6   but was ruled by the British.  Two years earlier, 

 7   in 1916, a group of Irish nationalists staged a 

 8   rebellion for the establishment of the Irish 

 9   Republic.  It's known by many of us as the Easter 

10   Rebellion, the Easter Rising, in 1916.  

11                The very idea at the time of Ireland 

12   becoming a free country did not have popular 

13   support, even by the politicians.  That's what 

14   people thought.  However, in 1918, in a British 

15   general election, Ireland voted the Mandate for 

16   Freedom by electing an overwhelming majority of 

17   representatives who pledged to go to the free 

18   Irish Parliament, the Dail Eireann, rather than 

19   go to Westminster.  

20                They elected candidates, many of 

21   whom were arrested and imprisoned in 

22   establishment of the first Dail Eireann, and 

23   issued Ireland's first declaration of 

24   independence.  

25                The vote of 1918 was historic 


                                                               1668

 1   because Irish people voted by popular mandate for 

 2   freedom and independence.  This led, within a few 

 3   years, to Ireland's independence.  That is why we 

 4   rise today to commemorate the 1918 Freedom 

 5   Mandate and to thank the Ancient Hibernians for 

 6   championing it.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT ORTT:   Senator 

 9   Kennedy on the resolution.

10                SENATOR KENNEDY:   Thank you, 

11   Mr. President.  

12                First of all, let me thank my 

13   colleague Senator Boyle for bringing this 

14   important resolution to the floor today honoring 

15   the New York State Ancient Order of Hibernians 

16   and the New York State Ladies Ancient Order of 

17   Hibernians on the 100th anniversary of Ireland's 

18   1918 Freedom Mandate.  

19                As mentioned, the history of Ireland 

20   is a difficult one.  And for centuries the 

21   oppression from the British ultimately culminated 

22   in many, many different rebellions and uprisings, 

23   including one just over a hundred years ago on 

24   Easter Monday, 1916, at the General Post 

25   Office -- to which, I may add, a flag that flew 


                                                               1669

 1   over the GPO on that fateful day during that 

 2   battle is located now at the American Irish 

 3   Historical Society on Park and 85th, across from 

 4   the Met.

 5                Now, that battle ultimately had been 

 6   criticized by the populace in Ireland they said 

 7   here we go again, another rebellion.  But shortly 

 8   thereafter, when the rebels were jailed and 

 9   surrendered in prison and ultimately executed by 

10   the Crown, it galvanized the Irish people, 

11   resulting, in 1918, in the historic election 

12   calling for freedom and independence once and for 

13   all.

14                And one cannot understand today's 

15   freedoms that the Irish have and the Brexit vote 

16   that ensued in the North and in Western Europe 

17   and the difficulties that the countries face 

18   today, based upon many different votes, without 

19   understanding the significance of that vote a 

20   hundred years ago this year.

21                And so much has been done, so many 

22   lives were lost, so much blood was shed.  But 

23   ultimately freedom, independence and democracy 

24   has prevailed.  

25                In 1916 when Patrick Pearse, on the 


                                                               1670

 1   steps of the GPO, read the Irish Proclamation, 

 2   there was one country other than Ireland itself 

 3   that was mentioned, and that was the United 

 4   States of America.  And the freedoms that are 

 5   established in Ireland today are a result, 

 6   unquestionably, of the unique relationship 

 7   between not only the United States and Ireland, 

 8   but also, especially uniquely, New York State and 

 9   Ireland.  James Connolly, one of the Irish rebels 

10   who was put to death following the uprising, 

11   resided right here in our state's capital.  So 

12   many others not only spent time here in the 

13   capital, but in the great City of New York as 

14   well, galvanizing the Irish people that had fled 

15   the bloodshed and the oppression to seek a better 

16   life in our nation.

17                So once again, we honor the Ancient 

18   Order of Hibernians and the Ladies Ancient Order 

19   of Hibernians on all of their great work on 

20   keeping the stories, the history, and of course 

21   the great Irish culture alive each and every day 

22   throughout the years.

23                Thank you, Mr. President.

24                ACTING PRESIDENT ORTT:   Thank you, 

25   Senator Kennedy.


                                                               1671

 1                Senator Golden on the resolution.

 2                SENATOR GOLDEN:   I want to thank 

 3   Senator Boyle and Senator Kennedy for their 

 4   oratory on this great, great issue and the 

 5   similarities between this great nation and the 

 6   great nation of Ireland.

 7                I am a card-carrying member of the 

 8   Ancient Order of Hibernians.  And I've got to 

 9   tell you, they are a strong group, a great group.  

10   My brother is the Golden School of Irish Dance, 

11   my sister plays with Cherish the Ladies, an Irish 

12   group.  And my parents, when they came to this 

13   country, brought that Irish culture and that 

14   Irish tradition here.  And the two organizations 

15   that we were brought up to actually join was the 

16   Holy Name, the Knights of Columbus, and a third 

17   organization, the Ancient Order of Hibernians.  

18   Eight of us born in 10 years.  Every one of us 

19   had to play some type of an Irish instrument or 

20   do the Irish dances.

21                I will tell you that the Ancient 

22   Order of Hibernians today -- I will be honoring 

23   them this Saturday in Garrison Beach at their 

24   parade, for the great works that they've been 

25   able to do in helping to build communities.  And 


                                                               1672

 1   they've helped build this great city to what it 

 2   is, the great City of New York, this great state 

 3   and this great nation.  And the similarities 

 4   between this country and how we fled England, and 

 5   we created this great country, one great country 

 6   under God -- that's what we did here, and that's 

 7   what Ireland did, under God and under freedom of 

 8   their country.  

 9                And the Ancient Order of Hibernians 

10   have very strongly fought for those causes.  And 

11   today, regardless of what culture or where you 

12   come from, we still live in the greatest nation 

13   in the world, where the contributions that the 

14   Irish have given to this nation could never be 

15   forgotten.  

16                And for that I thank Senator Boyle 

17   and I thank Senator Kennedy and all of my 

18   colleagues for that resolution today honoring the 

19   great Ancient Order of Hibernians and the Ladies 

20   Ancient Order of Hibernians.  

21                Thank you.  

22                ACTING PRESIDENT ORTT:   Seeing as 

23   there are no other members wishing to be heard on 

24   the resolution, Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes, it was 


                                                               1673

 1   previously adopted.  Could you please open it up 

 2   for cosponsorship?  

 3                ACTING PRESIDENT ORTT:   The 

 4   resolution is open for cosponsorship.  If you 

 5   want to be a cosponsor, please notify the desk.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Now can we 

 8   take up the noncontroversial reading of the 

 9   calendar, please.

10                ACTING PRESIDENT ORTT:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   403, by Senator Serino, Senate Print 7171, an act 

14   to amend the Mental Hygiene Law.

15                ACTING PRESIDENT ORTT:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT ORTT:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT ORTT:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT ORTT:   The bill is 


                                                               1674

 1   passed.

 2                THE SECRETARY:   Calendar Number 

 3   434, substituted earlier by Member of the 

 4   Assembly Schimminger, Assembly Print 7906, an act 

 5   to amend Chapter 297 of the Laws of 2016.

 6                ACTING PRESIDENT ORTT:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT ORTT:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT ORTT:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT ORTT:   The bill is 

17   passed.

18                THE SECRETARY:   Calendar Number 

19   474, by Senator Griffo, Senate Print 2728, an act 

20   to amend the Penal Law.

21                ACTING PRESIDENT ORTT:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT ORTT:   Call the 


                                                               1675

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT ORTT:   Senator 

 4   DeFrancisco to explain his vote.

 5                SENATOR DeFRANCISCO:   Yes, I have 

 6   nothing against an employee of a secure or 

 7   limited secure residential facility licensed, 

 8   certified or operated by the Office of Children 

 9   and Family Services.  Nor do I have anything 

10   against the sponsors, Senator Griffo or Senator 

11   Avella.  

12                But basically what the bill does is 

13   add another group in that when an assault takes 

14   place, it would go from Assault 3 to an 

15   Assault 2.  Let me list some of the members of 

16   the group.  Just so you know, the group is almost 

17   already encompassing the whole population of the 

18   State of New York and I think we just need to 

19   change the statute for everybody, not have 

20   special categories.

21                An assault goes from an Assault 3 to 

22   an Assault 2 -- I can understand registered 

23   nurse, licensed practical nurse, public health 

24   sanitarian, New York City public health 

25   sanitarian, sanitation enforcement agent, 


                                                               1676

 1   New York City sanitation worker, and it goes on 

 2   and on and on.

 3                I'm sure there's many people in the 

 4   state that are just as valuable as the people 

 5   that we're trying to add onto this increase in 

 6   penalty.  And I think why don't we just increase 

 7   the penalty rather than keep adding people to a 

 8   protected class, especially when the people in 

 9   the protected class are going to be the entire 

10   population before I retire.

11                So I'm going to vote no for that 

12   reason.

13                ACTING PRESIDENT ORTT:   Senator 

14   DeFrancisco to be recorded in the negative.

15                Senator Krueger to explain her vote.

16                SENATOR KRUEGER:   Thank you.

17                I appreciated Senator DeFrancisco's 

18   explanation of his no vote.  

19                I'm also voting no, but I just want 

20   to add another reason I'm voting no.  It actually 

21   takes young people who are in OCFS facilities and 

22   moves them to a status where they could be found 

23   guilty of a felony and moved to adult prison.

24                And I think it's been clear for many 

25   years that the direction the state should 


                                                               1677

 1   continue to go in is to not continue to 

 2   incarcerate more and more young people in our 

 3   adult prisons.  So clearly there is a problem 

 4   sometimes in these facilities for troubled young 

 5   people.  But a bill that expands the category of 

 6   assault to a felony and risks moving people, 

 7   young people out of a juvenile detention system 

 8   into an adult prison system is not justified in 

 9   these situations.  

10                So there are two different reasons 

11   people can choose to vote no today.

12                Thank you, Mr. President.

13                ACTING PRESIDENT ORTT:   Thank you, 

14   Senator Krueger.

15                Senator Krueger to be recorded in 

16   the negative.

17                Announce the result.

18                THE SECRETARY:   In relation to 

19   Calendar 474, those recorded in the negative are 

20   Senators Benjamin, Breslin, Comrie, DeFrancisco, 

21   Gianaris, Hoylman, Kavanagh, Krueger, Montgomery, 

22   Parker and Sanders.  Also Senator Rivera.

23                Ayes, 49.  Nays, 12.

24                ACTING PRESIDENT ORTT:   The bill is 

25   passed.


                                                               1678

 1                THE SECRETARY:   Calendar Number 

 2   560, by Senator DeFrancisco, Senate Print 3136, 

 3   an act to amend the Real Property Tax Law.

 4                ACTING PRESIDENT ORTT:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the first of January.

 8                ACTING PRESIDENT ORTT:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.  Nays, 1.  

12   Senator Montgomery recorded in the negative.

13                ACTING PRESIDENT ORTT:   The bill is 

14   passed.

15                THE SECRETARY:   Calendar Number 

16   573, by Senator Avella, Senate Print 1428, an act 

17   to establish.

18                ACTING PRESIDENT ORTT:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT ORTT:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT ORTT:   Announce 


                                                               1679

 1   the result.

 2                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 3   Senators Akshar and Funke recorded in the 

 4   negative.

 5                ACTING PRESIDENT ORTT:   The bill is 

 6   passed.

 7                THE SECRETARY:   Calendar Number 

 8   598, by Senator Marchione, Senate Print 7751, an 

 9   act to amend the Real Property Law.

10                ACTING PRESIDENT ORTT:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT ORTT:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT ORTT:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT ORTT:   The bill is 

21   passed.

22                THE SECRETARY:   Calendar Number 

23   612, by Senator Boyle, Senate Print 3945A, an act 

24   to amend the Alcoholic Beverage Control Law.

25                SENATOR DeFRANCISCO:   Lay the bill 


                                                               1680

 1   aside for the day.

 2                ACTING PRESIDENT ORTT:   The bill is 

 3   laid aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   678, by Senator Valesky, Senate Print 3849, an 

 6   act to amend the Local Finance Law.

 7                ACTING PRESIDENT ORTT:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT ORTT:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT ORTT:   Announce 

15   the results.

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT ORTT:   Can we have 

18   some order in the chamber, please.

19                The bill is passed.

20                THE SECRETARY:   Calendar Number 

21   690, by Senator Marcellino, Senate Print 6090, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT ORTT:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               1681

 1   act shall take effect immediately.

 2                ACTING PRESIDENT ORTT:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT ORTT:   Announce 

 6   the result.

 7                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 8   Senator DeFrancisco recorded in the negative.  

 9                ACTING PRESIDENT ORTT:   The bill is 

10   passed.

11                THE SECRETARY:   Calendar Number 

12   711, by Senator Phillips, Senate Print 3632A, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT ORTT:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT ORTT:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT ORTT:   Announce 

22   the result.

23                THE SECRETARY:   In relation to 

24   Calendar 711, those recorded in the negative are 

25   Senators Bailey, Dilan, Hoylman, Kavanagh, 


                                                               1682

 1   Krueger, Montgomery, Parker, Rivera and Sanders.

 2                Ayes, 52.  Nays, 9.

 3                ACTING PRESIDENT ORTT:   The bill is 

 4   passed.

 5                That completes the noncontroversial 

 6   reading of the calendar.

 7                Senator DeFrancisco.  

 8                SENATOR DeFRANCISCO:   Thank you, 

 9   Mr. President.

10                Is there any further business at the 

11   desk?

12                ACTING PRESIDENT ORTT:   There is no 

13   further business at the desk.

14                SENATOR DeFRANCISCO:   That being 

15   the case, I move to adjourn until Thursday, 

16   March 29th, at 12:00 noon.  

17                And conference for the Republicans 

18   will be at 11:00 a.m. and also immediately 

19   following session this evening.

20                ACTING PRESIDENT ORTT:   On motion, 

21   the Senate stands adjourned until Thursday, 

22   March 29th, at 12:00 noon.

23                (Whereupon, at 5:17 p.m., the Senate 

24   adjourned.)

25