Regular Session - March 6, 2019
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 6, 2019
11 3:53 p.m.
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14 REGULAR SESSION
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18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: Rabbi
9 Shlomo Gertzulin, the executive vice president of
10 Agudath Israel of America in New York, will
11 deliver today's invocation.
12 Rabbi Gertzulin.
13 RABBI GERTZULIN: Before my few
14 words, let me just say how proud I am to be a
15 lifelong resident of our great state: My
16 parents, my grandparents, my great-grandparents,
17 my children, and my grandchildren. So we have
18 deep roots of six generations in this wonderful,
19 great State of New York.
20 {In Hebrew.} Our Father in heaven,
21 we pray to Thee to cause Your blessings to
22 descend upon the public servants in this august
23 body and upon our great state, which it serves.
24 O God, we are fortunate to live in a
25 nation which cherishes the freedoms guaranteed by
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1 our founding fathers: Freedom of expression,
2 freedom of religion, freedom to live our lives
3 according to our time-honored values.
4 Yet it is no secret that we are
5 living in turbulent and divisive times, times in
6 which hatred rather than love, despair rather
7 than hope, discord rather than unity, and
8 cynicism rather than trust are threatening these
9 fundamental freedoms.
10 What better example do we have than
11 witnessing the rising hate crimes and
12 particularly antisemitic incidents both here and
13 abroad, where hatred has become commonplace,
14 tolerated and sadly even celebrated.
15 O God, we yearn for Your divine
16 inspiration and guidance. Restore to us
17 confidence and conviction, dignity and respect.
18 Implant in us the spirit to banish from within
19 our hearts the exploitation of differences and
20 the demonization of those with whom we disagree.
21 Confer upon us the wisdom to disagree without
22 being disagreeable. Instill in us the courage to
23 battle ideas without battling people.
24 Almighty God, bless these public
25 servants to govern by the principles of morality
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1 and justice, law and order, tolerance and
2 acceptance, compassion and kindheartedness, so
3 that all can see that beneath the external cold
4 veneer there beats a warm heart with love and
5 accommodation, broadmindedness and justice. And
6 let not any political, religious, social or
7 economic considerations rationalize actions or
8 policies which cause division and strife rather
9 than unity and harmony.
10 {In Hebrew.} May our Eternal Master
11 of the universe bless and protect all of you.
12 May God bless all of the citizens of our great
13 Empire State. And may God bless these great
14 United States of America.
15 Amen.
16 ACTING PRESIDENT BENJAMIN: The
17 reading of the Journal.
18 THE SECRETARY: In Senate, Tuesday,
19 March 5, 2019, the Senate met pursuant to
20 adjournment. The Journal of Monday, March 4,
21 2019, was read and approved. On motion, Senate
22 adjourned.
23 ACTING PRESIDENT BENJAMIN: Without
24 objection, the Journal stands approved as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Gianaris.
9 SENATOR GIANARIS: Mr. President,
10 on behalf of yourself, on page 9 I offer the
11 following amendments to Calendar 87, Senate Print
12 221, and ask that said bill retain its place on
13 Third Reading Calendar.
14 ACTING PRESIDENT BENJAMIN: The
15 amendments are received, and the bill shall
16 retain its place on the Third Reading Calendar.
17 SENATOR GIANARIS: Can you please
18 call on Senator Griffo.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Griffo.
21 SENATOR GRIFFO: Thank you,
22 Mr. President.
23 On behalf of Senator Ortt, I move
24 that Senate Bill 1423 be discharged from its
25 respective committee and be recommitted with
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1 instructions to strike the enacting clause.
2 ACTING PRESIDENT BENJAMIN: It is
3 so ordered.
4 Senator Gianaris.
5 SENATOR GIANARIS: At this point,
6 Mr. President, can we take up previously adopted
7 Resolutions 592 and 593, both by Senator
8 Gounardes. Read Resolution 592 in its entirety,
9 593 title only, and recognize Senator Gounardes
10 on both.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 592, by Senator Gounardes, commending Tina Himaya
15 for her outstanding advocacy, support and
16 fundraising efforts for lymphedema awareness.
17 "WHEREAS, It is the custom of this
18 Legislative Body that the quality and character
19 of life in the communities across New York State
20 are reflective of the concerned and dedicated
21 efforts of individuals committed to helping to
22 improve the lives of others; and
23 "WHEREAS, Attendant to such concern,
24 and fully in accord with its longstanding
25 tradition, this Legislative Body is justly proud
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1 to commend Tina Himaya for her outstanding
2 advocacy, support, and fundraising efforts for
3 lymphedema awareness, in conjunction with the
4 observance of World Lymphedema Day on Wednesday,
5 March 6, 2019; and
6 "WHEREAS, World Lymphedema Day
7 brings awareness to this often-debilitating
8 disease which millions of people are born with,
9 but which many times is the result of cancer
10 treatment; this special day also gives people the
11 opportunity to find strength through collective
12 celebration, and to honor inspirational
13 lymphedema patients and their advocates; and
14 "WHEREAS, A resident of Lindenhurst,
15 New York, Tina Himaya has suffered with primary
16 lymphedema throughout her body since birth; in
17 spite of these challenges, she has served as an
18 inspirational advocate for lymphedema and
19 lymphatic disease awareness, education, and
20 research; and
21 "WHEREAS, In 2007, Tina Himaya
22 joined the Lymphatic Education & Research
23 Network (LE&RN) in order to raise both funds and
24 awareness for this disease which effects so many
25 people; in early 2018, she and her colleagues
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1 wrote and performed a bio-musical chronicling her
2 lifelong struggle with lymphedema; someday, they
3 plan to tour the country sharing this
4 performance; and
5 "WHEREAS, In that same year, Tina
6 Himaya traveled to Washington, DC, to build
7 support for lymphatic disease research, and sang
8 the 'Star-Spangled Banner' on the steps of the
9 Lincoln Memorial at the inaugural DC Walk & Rally
10 to Fight Lymphedema & Lymphatic Diseases; and
11 "WHEREAS, Through her hard work,
12 Tina Himaya surpassed her fundraising goal, and
13 once again sang the national anthem for the
14 opening of the 2018 NY Run/Walk to Fight
15 Lymphedema & Lymphatic Diseases; and
16 "WHEREAS, A positive role model for
17 those suffering with lymphedema, Tina Himaya has
18 worked tirelessly to promote education, research
19 and advocacy for all lymphatic diseases; and
20 "WHEREAS, It is the sense of this
21 Legislative Body that those who enhance the
22 well-being and vitality of their community and
23 have shown a long and sustained commitment to
24 excellence certainly have earned the recognition
25 and applause of all the citizens of this great
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1 Empire State; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to commend Tina
4 Himaya for her outstanding advocacy, support,
5 and fundraising efforts for lymphedema awareness;
6 and be it further
7 "RESOLVED, That a copy of this
8 resolution, suitably engrossed, be transmitted to
9 Tina Himaya."
10 Senate Resolution 593, by Senator
11 Gounardes, memorializing Governor Andrew M. Cuomo
12 to proclaim March 6, 2019, as Lymphedema Day in
13 New York State, in conjunction with the
14 observance of the Fourth Annual World Lymphedema
15 Day.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Gounardes on the resolutions.
18 SENATOR GOUNARDES: Thank you very
19 much, Mr. President.
20 Thank you for reading those two
21 resolutions.
22 You know, New York has long been a
23 leader in the fight against lymphedema and
24 lymphatic diseases. In 2016, New York was the
25 first state in the country to establish March 6th
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1 as Lymphedema Day. And I'm grateful to
2 organizations such as the Lymphatic Education &
3 Research Network, LE&RN, who are working to
4 educate the public and shed light on lymphedema
5 and lymphatic diseases.
6 For those that don't know,
7 lymphedema occurs when the natural lymphatic
8 drainage system of the body is damaged or blocked
9 or it doesn't develop properly. That results in
10 extreme swelling of extremities and that impairs
11 mobility and function and can cause severe pain
12 and negatively affect quality of life.
13 Those fighting breast cancer and
14 elderly cancer survivors have the highest
15 likelihood of developing lymphedema, affecting
16 40 percent of all breast cancer patients and
17 15 percent of all cancer survivors. The
18 lymphatic system plays a critical role in AIDS,
19 diabetes, heart disease, rheumatoid arthritis,
20 lupus and cancer metastasis, and can also affect
21 children.
22 Shockingly, oftentimes this disease
23 goes undiagnosed or underdiagnosed and is
24 undertreated, costing our healthcare system
25 millions of dollars a year. Stanford University
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1 did a study, and they estimate that as many as
2 10 million people in the country are affected by
3 lymphedema.
4 I think we need to continue to
5 tirelessly advocate for diseases such as
6 lymphedema, and that's why it's important that we
7 recognize today as Lymphedema Day here in the
8 State of New York, so that we continue to raise
9 awareness, education and advocacy for these
10 causes.
11 And I want to commend the advocates
12 who are here today who have been working so hard
13 to make this a -- to raise the discourse and call
14 our attention to this issue.
15 We have guests here in the chamber
16 on the floor from the Lymphatic Education &
17 Research Network. We have Colleen McGuire,
18 Steve Palmer, Michael McGuire, as well as
19 Executive Director William Repicci. Thank you
20 very much for joining us.
21 And we also have with us, and it was
22 recognized in the resolution, we have Tina and
23 Emma, who are suffering from lymphedema but are
24 here to show the face of what it takes to stand
25 up in the face of this disease, but also be
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1 fierce advocates for what they know needs to be
2 done to improve research, education, advocacy and
3 treatment.
4 Thank you very much for your courage
5 in being here, for your support in being here.
6 Thank you for putting a face to a name that might
7 be hard to pronounce sometimes. But really it's
8 a testament to you and the work that you've done
9 to elevate the discourse of this issue that we're
10 here commending you for your efforts. So thank
11 you very much for being here.
12 Thank you to my colleagues for
13 entertaining this resolution and for supporting
14 this cause.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Amedore on the resolution.
17 SENATOR AMEDORE: Thank you,
18 Mr. President.
19 I want to thank the sponsor,
20 Senator Gounardes, for these two resolutions.
21 This is an important issue.
22 Lymphedema is painful, lymphedema can be deadly.
23 And the awareness that needs to be raised
24 throughout all of New York is so important.
25 And today we are in the company of
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1 two I believe very successful and important
2 people in the State of New York, and that is Tina
3 and Emma, who have fought very hard to raise
4 awareness, to raise money, to travel, to put
5 their efforts into raising awareness for
6 lymphedema so that so many other citizens in the
7 State of New York will find and seek the help
8 that they so deserve and need.
9 I also want to thank Bill for being
10 here for all of his strong leadership and
11 advocacy and all of our guests who are
12 representing bringing the awareness and advocacy
13 of lymphedema.
14 So thank you. Mr. President, please
15 give them the cordialities of the house.
16 ACTING PRESIDENT BENJAMIN: To our
17 guests, on behalf of the Senate I welcome you and
18 extend to you the privileges and courtesies of
19 this house. Thank you for all that you're doing
20 on behalf of lymphedema.
21 And please recognize our guests.
22 (Extended standing ovation.)
23 ACTING PRESIDENT BENJAMIN: The
24 resolutions were previously adopted on March 5th.
25 Senator Gianaris.
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1 SENATOR GIANARIS: Mr. President,
2 can we please take up the reading of the calendar
3 now.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number 28,
7 Senate Print 781, by Senator Breslin, an act to
8 amend the General Municipal Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 110, Senate Print 252, by Senator Kennedy, an act
24 to amend the General Municipal Law.
25 ACTING PRESIDENT BENJAMIN: Read
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1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 159, Senate Print 3099, by Senator Addabbo, an
15 act to amend the Civil Service Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: In relation to
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1 Calendar 159: Ayes, 61. Nays, 1. Senator
2 Savino recorded in the negative.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 167, Senate Print 23, by Senator Parker, an act
7 in relation to maintaining the continued
8 viability of the state's existing large-scale,
9 renewable energy resources.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 173, Senate Print 2927, by Senator Mayer, an act
24 to amend the Public Officers Law.
25 ACTING PRESIDENT BENJAMIN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 175, Senate Print 3115, by Senator Helming, an
14 act to amend the Public Officers Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
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1 bill is passed.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Gianaris, that completes the reading of today's
4 calendar.
5 SENATOR GIANARIS: Is there any
6 further business at the desk?
7 ACTING PRESIDENT BENJAMIN: There
8 is no further business at the desk.
9 SENATOR GIANARIS: I move to
10 adjourn until tomorrow, Thursday, March 7th, at
11 11:00 a.m.
12 ACTING PRESIDENT BENJAMIN: On
13 motion, the Senate stands adjourned until
14 Thursday, March 7th, at 11:00 a.m.
15 (Whereupon, at 4:11 p.m., the Senate
16 adjourned.)
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