Regular Session - March 25, 2019

                                                                   2037

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 25, 2019

11                      3:32 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2038

 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:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   March 24, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, March 23, 

18   2019, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   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 15, Senator 


                                                               2039

 1   Gallivan moves to discharge, from the Committee 

 2   on Children and Families, Assembly Bill Number 

 3   5842 and substitute it for the identical Senate 

 4   Bill 273A, Third Reading Calendar 238.

 5                ACTING PRESIDENT BENJAMIN:    

 6   Substitution so ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Report of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Mr. President, 

15   on behalf of Senator Carlucci, on page 19 I offer 

16   the following amendments to Calendar 298, Senate 

17   Print 3872, and ask that said bill retain its 

18   place on Third Reading Calendar.

19                ACTING PRESIDENT BENJAMIN:   The 

20   amendments are received, and the bill shall 

21   retain its place on the Third Reading Calendar.

22                SENATOR GIANARIS:   On behalf of 

23   Senator Bailey, I move the following bill be 

24   discharged from its respective committee and 

25   recommitted with instructions to strike the 


                                                               2040

 1   enacting clause:  Senate Bill 2169.

 2                ACTING PRESIDENT BENJAMIN:   It is 

 3   so ordered.

 4                SENATOR GIANARIS:   Please call on 

 5   Senator Griffo.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Griffo.

 8                SENATOR GRIFFO:   Mr. President, I 

 9   move that the following bills, on behalf of 

10   Senator Flanagan -- Senate Bills 883, 918, 972, 

11   1019, and 1064 -- be discharged from their 

12   respective committees and recommitted with 

13   instructions to strike the enacting clause.

14                ACTING PRESIDENT BENJAMIN:   It is 

15   so ordered.

16                Senator Gianaris.

17                SENATOR GIANARIS:   Mr. President, 

18   can we now take up previously adopted 

19   Resolution 629, by myself and others, read the 

20   title only, and allow me to speak on it, please.

21                ACTING PRESIDENT BENJAMIN:   The 

22   Secretary will read.

23                THE SECRETARY:   Senate Resolution 

24   629, by Senator Gianaris, memorializing Governor 

25   Andrew M. Cuomo to proclaim March 2019 as Greek 


                                                               2041

 1   History Month in the State of New York, in 

 2   conjunction with the commemoration of the 

 3   198th Anniversary of Greek Independence.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris on the resolution.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.  

 8                Today, March 25th, is the day that 

 9   Greeks celebrate their independence from the 

10   Ottoman Empire that they achieved in 1821.  And 

11   it comes at a historic time in this chamber when 

12   we have more people of Greek heritage serving in 

13   the Senate than at any time previously in 

14   New York's history.  We have myself, Senator 

15   Gounardes, Senator Skoufis, and Senator Jordan, 

16   who are all Greek Americans and proud of it.

17                And as everybody knows, we claim 

18   credit for a lot of things about Western 

19   civilization, including our democracy -- which 

20   allows us all to be here today representing our 

21   districts and our communities back home -- 

22   science, philosophy, math.  If anyone has seen 

23   the movies, you know we'll claim it all as our 

24   own, and with good reason.  

25                Because Western civilization owes 


                                                               2042

 1   much to the history of the Greek people, not just 

 2   from ancient times but also in the modern era.  

 3   In fact, there's a great quote from Winston 

 4   Churchill when he was recognizing the bravery of 

 5   the Greek people during World War II, when he 

 6   said:  "Until now we used to say that the Greeks 

 7   fight like heroes; now we shall say that heroes 

 8   fight like Greeks."  And that was because of the 

 9   resistance they put up against the Nazi 

10   oppression in World War II and the bravery that 

11   they showed in the modern era, as well as that 

12   that has been documented throughout history from 

13   the battles at Thermopylae and all throughout.  

14                The common thread we see in the 

15   Greek people is a tremendous courage, bravery and 

16   dignity that I am proud to continue to represent 

17   here in this chamber, as someone who is of Greek 

18   extraction.  My own parents, immigrants from 

19   Greece, came here to live the American dream like 

20   so many others and now get the privilege of being 

21   represented by their own son in the State Senate.  

22                So I want to thank my colleagues for 

23   letting me have a couple of minutes to speak 

24   about this, and I want to thank the Greek people 

25   for their contributions that have allowed us all 


                                                               2043

 1   to enjoy the freedoms we have here in the 

 2   United States.

 3                Thank you.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Jordan on the resolution.

 6                SENATOR JORDAN:   Mr. President and 

 7   my colleagues, I rise to speak on Senator 

 8   Gianaris's resolution in honor of Greek History 

 9   Month.  

10                Like Senator Gianaris, I'm deeply 

11   proud of my Greek heritage.  My grandparents came 

12   to America in search of a better life and 

13   opportunities.  My paternal grandparents came 

14   from Mytilene and Evia, and my maternal 

15   grandparents are from Skuda {ph} and Kastania.  

16   They left everything they knew in coming to 

17   America and working hard for a better life.  I'm 

18   so proud to be their granddaughter, to stand on 

19   their strong Greek shoulders and serve as a 

20   New York State Senator.

21                We Greeks are known for our loyalty 

22   and our passion, our love of family, food, life 

23   and culture.  We put and pour our heart and soul 

24   into everything we do.  There is a modern Greek 

25   word to describe that passion, our zest for 


                                                               2044

 1   living and for life.  It's a word that I'm sure 

 2   Senator Gianaris knows well.  That Greek word is 

 3   "meraki."  It means creativity and love, the 

 4   putting of something of yourself, of your very 

 5   soul, into what you are doing.  

 6                The Greeks, Senator Gianaris's and 

 7   my ancient ancestors, are credited with the very 

 8   concepts that are the building blocks of our 

 9   society and culture:  Science, philosophy, logic, 

10   the Olympics.  The very birthplace of democracy 

11   itself, a tradition, a practice, an ideal that we 

12   carry on in this chamber.  

13                This year marks the 198th 

14   anniversary of Greek independence.  I'm proud to 

15   observe this historic milestone and prouder still 

16   to say zito i Elláda -- long live Greece.

17                Thank you, Mr. President.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Ramos on the resolution.

20                SENATOR RAMOS:   Thank you, 

21   Mr. President.

22                Or I should say Efharistó, 

23   Mr. President.  

24                As many of you may have noticed, I 

25   am not Greek.  But I do want to share why I'm so 


                                                               2045

 1   thankful for the contributions of Greek 

 2   Americans, especially in my community, where I 

 3   have a large Greek community with very delicious 

 4   restaurants.  

 5                And that's that I grew up in my 

 6   Astoria because my mother, upon coming to this 

 7   country, could only find work as a seamstress in 

 8   Astoria.  And so because her employers didn't 

 9   speak Spanish, obviously, or much English, my 

10   mother had to learn Greek in order to survive in 

11   her workplace.  And so while she's fluent, my 

12   sisters and I tend to butcher it a little bit, as 

13   my Greek counterparts know.  

14                But I would like to say to my Greek 

15   neighbors {in Greek}.  Thank you.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Gounardes on the resolution.

18                SENATOR GOUNARDES:   Thank you, 

19   Mr. President.

20                I also rise as a very, very proud 

21   Greek American to celebrate the 198th anniversary 

22   of Greece's independence after 400 years of 

23   Ottoman enslavement.  

24                I am the grandson and great-grandson 

25   of Greek immigrants, and so my culture, my 


                                                               2046

 1   ethnicity plays a big role and has played a big 

 2   role in my entire life.  I spent 10 years in 

 3   Greek school.  So I will not bore the chamber 

 4   with the list of achievement that Senator 

 5   Gianaris kind of gave us the highlights of, of 

 6   all the great things that the Greek people have 

 7   done in this world and for us all today.  The 

 8   many, many, many great Greek things.  

 9                But I do want to just say, you know, 

10   we have -- for those of you that have not heard 

11   the Greek national anthem, it's quite a beautiful 

12   poem.  It's called the "Hymn to Liberty," and it 

13   was written in 1823, just two years after Greece 

14   declared its independence.  And it was written by 

15   a poet, Dionýsios Solomós.  And he wrote it, it 

16   was 158 stanzas -- I promise I'm not going to 

17   read all 158.  But the first two stanzas are what 

18   we use today in Greece and in Cyprus as our 

19   national anthem.  And I want to just read the 

20   translation, because I think it's really 

21   beautiful and it captures the essence of what the 

22   Greek people were fighting for as they fought for 

23   their independence.  

24                "I shall always recognize you

25                by the dreadful sword you hold


                                                               2047

 1                as the Earth with searching vision

 2                you survey with spirit bold

 3                From the Greeks of old whose dying

 4                brought to life and spirit free

 5                now with ancient valor rising

 6                Let us hail you, oh Liberty

 7                now with ancient valor rising

 8                Let us hail you, oh Liberty." 

 9  Words that I learned very well from a young age 

10  and that I recited year after year after year, 

11  that I'm incredibly proud to stand on this floor 

12  in this chamber today and share with you all 

13  today.  

14                Happy Greek Independence Day.  {In 

15   Greek.}  Thank you.

16                ACTING PRESIDENT BENJAMIN:    The 

17   resolution was previously adopted on March 12th.  

18                Senator Gianaris.

19                SENATOR GIANARIS:   Please open the 

20   resolution for cosponsorship, Mr. President.

21                ACTING PRESIDENT BENJAMIN:   The 

22   resolution is open for cosponsorship.  Should you 

23   choose not to be a cosponsor, please notify the 

24   desk.

25                Senator Gianaris.


                                                               2048

 1                SENATOR GIANARIS:   And can we now 

 2   please take up previously adopted Resolution 580, 

 3   by Senator Hoylman, read the title only, and 

 4   recognize Senator Hoylman.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Senate Resolution 

 8   580, by Senator Hoylman, commemorating the 

 9   108th Anniversary of the Triangle Shirtwaist 

10   Factory Fire on March 25, 2019.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Hoylman on the resolution.

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.

15                I rise in commemoration of the 

16   anniversary, the 108th anniversary of one of the 

17   most tragic moments in our state's history.  It 

18   was in fact the worst workplace disaster for 

19   90 years, until 9/11 occurred.  And that is the 

20   Triangle Shirtwaist Factory Fire, which occurred 

21   in my district just off of Washington Square 

22   Park, at the corner of Greene Street and 

23   Washington Place.  

24                And this morning a number of 

25   dignitaries gathered to ring a fireman's bell 


                                                               2049

 1   146 times, for each of the 146 victims who died 

 2   in that terrible tragedy.  

 3                The Triangle Shirtwaist Factory Fire 

 4   took place on March 25, 1911, at approximately 

 5   4:40 p.m.  According to the Census Bureau, they 

 6   determined that of the 146 garment workers who 

 7   perished in that sweatshop, 123 were young women 

 8   mostly between the ages of 14 and 23 years.  

 9   Seventy-three of them were from Russia, 40 from 

10   Italy, 16 from Austria, five from Rumania, and 

11   also individuals from Hungary, Germany, Jamaica 

12   and England.  The majority of the victims were 

13   Jewish, and there were many Italian-Americans who 

14   died as well.

15                If you go to that site now, 

16   Mr. President, it's a very unassuming building.  

17   It's part of the NYU campus.  The actual 

18   structure still stands, under the name the 

19   Brown Building.  But what happened inside that 

20   structure really changed the course of labor 

21   history, immigration relations, fire and safety 

22   code regulations, as well as a new understanding 

23   of how we in government are to stand up for 

24   working people.

25                The fire occurred on the 8th, 9th 


                                                               2050

 1   and 10th floors of the factory, after some 

 2   careless work person probably flicked a cigarette 

 3   into a pile of discarded shirtwaist materials.  

 4   Now, a shirtwaist was a women's blouse, a 

 5   button-down blouse that was very popular in the 

 6   early 1900s.  

 7                And the two men who ran the Triangle 

 8   Shirtwaist Factory were Isaac Harris and Max 

 9   Blanck.  They were known as the "Shirtwaist 

10   Kings," and they developed this small empire of 

11   clothing manufacturers throughout the city, 

12   including Greenwich Village.

13                When the fire took place, women 

14   attempted to flee but were confronted by doors 

15   locked by the factory's managers, Mr. Harris and 

16   Mr. Blanck, and prevented from leaving.  In 

17   addition to that, the fire hose was corroded, 

18   there wasn't a sprinkler system.  The elevator 

19   only held 12 people and made only four trips 

20   before it broke down completely.  The two 

21   stairways -- there were two stairways to the 

22   street, but as I mentioned the doors were locked 

23   and the fire escape was too narrow for the 600 or 

24   so workers to file out.

25                So the end result, the tragic 


                                                               2051

 1   result, was that so many of the victims jumped 

 2   down the elevator shaft or out of windows.  

 3   Others were just simply burned alive.  And the 

 4   images that were seen at the time were young 

 5   women leaping from the windows on those upper 

 6   floors, often holding hands or holding each other 

 7   as they fell.

 8                What was equally tragic is that at 

 9   the time, the New York City Fire Department's 

10   ladders only reached to the seventh floor.  So 

11   many of the victims were just simply out of reach 

12   of being saved.

13                We do know now that before that 

14   tragedy occurred, those two gentleman, Harris and 

15   Blanck, had resisted organizing in their 

16   workplaces by garment workers.  The International 

17   Ladies Garment Workers Union was very active at 

18   the time and actually had tried to organize the 

19   Triangle location, but Harris and Blanck 

20   literally locked them out.

21                They were later charged with first- 

22   and second-degree murder but were found innocent.  

23   A headline at the time read, after that very 

24   surprising verdict was delivered, "147 Dead, 

25   Nobody Guilty."


                                                               2052

 1                They subsequently were sued in civil 

 2   court by the families of the victims and had to 

 3   pay a whopping $75 per deceased victim.  Now, the 

 4   insurance company for Harris and Blanck paid the 

 5   owners about $400 per casualty.  So if you look 

 6   at it, Harris and Blanck actually made money off 

 7   of this tragedy.  

 8                In fact, in later years Harris 

 9   opened another shirtwaist factory in New Jersey.  

10   And after there were inspectors who came to 

11   visit, they noticed that he was continuing to 

12   lock his employees in their workplace so they 

13   couldn't leave in the case of an emergency.

14                You know, one of the great things 

15   that came out of this tragedy, of course, was 

16   that this body, back in the day, created a 

17   commission to examine the irregularities that 

18   occurred leading up to the fire and passed a 

19   number of laws that for the first time were 

20   regulating the workplace.  

21                And at the federal level, there was 

22   a young woman who witnessed the tragedy in person 

23   and went on to not only lead a committee of 

24   public safety for the City of New York but later 

25   became Franklin Delano Roosevelt's Secretary of 


                                                               2053

 1   Labor, the dynamo Frances Perkins, and was one of 

 2   the architects of the New Deal.  In addition to 

 3   creating Social Security and many public work 

 4   programs, she was leading the effort on the 

 5   nation's first minimum wage and overtime laws.

 6                So I'll close by saying that I think 

 7   it's appropriate that we recognize this tragedy 

 8   every year.  It is humbling, really, to represent 

 9   the neighborhood and live just a few blocks from 

10   where such a tragedy occurred.  But the women and 

11   girls who died that day helped save generations 

12   of American workers from their same fate and we 

13   remember them, Mr. President, with gratitude.

14                Thank you.

15                ACTING PRESIDENT BENJAMIN:   The 

16   resolution was previously adopted on March 5th.  

17                Senator Gianaris.

18                SENATOR GIANARIS:   Mr. President, 

19   Senator Hoylman would like to open that 

20   resolution for cosponsorship.

21                ACTING PRESIDENT BENJAMIN:   The 

22   resolution is open for cosponsorship.  Should you 

23   choose not to be a cosponsor, please notify the 

24   desk.

25                Senator Gianaris.


                                                               2054

 1                SENATOR GIANARIS:   Can we move to 

 2   the reading of the calendar, please.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   238, Assembly Print 5842, substituted earlier by 

 7   Assemblymember Nolan, an act to amend the 

 8   Education Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

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

13   same manner as a chapter of the Laws of 2018.

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, 61.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   250, Senate Print 3736, by Senator Breslin, an 

24   act to amend the Insurance Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               2055

 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, 61.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   274, Senate Print 4049A, by Senator Parker, an 

14   act to amend the Executive Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day after it 

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Helming to explain her vote.

25                SENATOR HELMING:   Thank you.


                                                               2056

 1                Senator Parker, I want to thank you 

 2   for bringing this bill forward.  Providing 

 3   housing for our veterans who are homeless is a 

 4   top priority, I know of this body and also of 

 5   myself.  Being from a military family, this topic 

 6   hits home.  

 7                I do want to remind the State Senate 

 8   that in years past we provided funding for 

 9   Warrior Salute, a program that provides housing 

10   for veterans who are suffering from PTSD.  

11   Warrior Salute also has a secondary housing unit 

12   for veterans who are suffering from substance 

13   abuse.  

14                In the past, that organization has 

15   been awarded $200,000.  In this year's Senate 

16   one-house budget, it was zeroed out.  I beg you, 

17   I implore you, if we truly care about our 

18   veterans, our homeless veterans, and getting them 

19   off the streets and helping them, if we truly 

20   care about getting our veterans help who are 

21   addicted to drugs, let's restore the $200,000 for 

22   the Warrior Salute program that provides 

23   temporary, traditional and long-term housing for 

24   veterans from all corners of New York State.

25                Thank you.  I vote aye.


                                                               2057

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Helming to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   279, Senate Print 232, by Senator Kennedy, an act 

 9   to amend the Economic Development Law and the 

10   Public Service Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 5.  This 

14   act shall take effect on September 1, 2021.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   299, Senate Print 4276, by Senator Skoufis, an 

25   act to amend the Election Law.


                                                               2058

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 71.  This 

 4   act shall take effect immediately.

 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, 61.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                Senator Gianaris, that completes the 

14   reading of today's calendar.

15                SENATOR GIANARIS:   Is there any 

16   further business at the desk, Mr. President?  

17                ACTING PRESIDENT BENJAMIN:   There 

18   is no further business at the desk.

19                ACTING PRESIDENT BENJAMIN:   I move 

20   to adjourn until tomorrow, Tuesday, March 26th, 

21   at 3:00 p.m. 

22                And there will be an immediate 

23   Democratic conference in the Democratic 

24   Conference Room.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               2059

 1   will be an immediate Democratic conference in the 

 2   Democratic Conference Room.

 3                On motion, the Senate stands 

 4   adjourned until Tuesday, March 26th, at 3:00 p.m.

 5                (Whereupon, at 3:54 p.m., the Senate 

 6   adjourned.)

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