Regular Session - March 27, 2019
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
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9 ALBANY, NEW YORK
10 March 27, 2019
11 3:46 p.m.
12
13
14 REGULAR SESSION
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16
17
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:
9 Mohammad Ansarul Karim, the Imam of Ahlulbayt
10 Mission in Woodside, Foundation of Love, will
11 deliver today's invocation.
12 Imam Karim.
13 IMAM KARIM: {Singing in Arabic}
14 In the name of Allah, the Most Compassionate and
15 the Most Merciful.
16 Since this is my first time, I'd
17 like to thank Mr. President, Madam Leader Andrea
18 Stewart-Cousins, and Senator Luis Sepúlveda,
19 Senator Michael Gianaris, and all you wonderful
20 people, honorable Senators, distinguished guests.
21 I'd like to greet you with the greetings of God
22 Almighty, greetings of the Prophets, greetings of
23 Peace, which we are in need of today.
24 Asalamu Alaikum. May the peace and
25 blessings of God Almighty be upon all of you,
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1 respected audience.
2 Approximately 3,000 years ago from
3 today, the mighty Prophet Moses, peace be upon
4 him, he was asked by his disciples, "Of all the
5 commandments that you have received from your
6 Lord, which one is the most important?" Prophet
7 Moses, peace be upon him, he said -- I quote in
8 Hebrew language, from the Book of Deuteronomy:
9 "She-ma yisrael, adonai eloheinu, adonai echad."
10 Meaning O, Israel, hear, O, Israel, the most
11 important commandment that I've received from my
12 Lord is that your Lord is God, and He is One."
13 Interestingly, a thousand years
14 later, approximately, Jesus of Nazareth was asked
15 by his disciples: "Good Teacher, of all the
16 commandments that you have received from your
17 Lord, which one is the first one?" And he
18 replied -- I quote from the Gospel of Mark -- he
19 said, "Thy Lord, our Lord, is One God."
20 Intriguingly, 600 years later,
21 approximately 1400 years ago from today, Prophet
22 Muhammad, in the Valley of Mecca, he transmitted
23 the divine message {singing in Arabic}: "Say
24 your Lord is One God, Allah, the One and Only."
25 Mr. President, honorable audience,
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1 the common thread between the three Abrahamic
2 scriptures shows the union, the unification of
3 one concept, the Oneness of God. By this way, we
4 are united. We are part of one larger global
5 Family of God. We are one.
6 It's the evil force, it's the devil
7 who wants to break us apart. Diversity is
8 blessings. It's not a curse. Prophet Muhammad,
9 peace be upon him, he said "Al khalqu eyaalullah"
10 meaning that everyone is from the Family, the one
11 global Family of Almighty God. We may look
12 different outwardly, but inwardly we share the
13 same essence.
14 In the Bengali rich literary
15 culture, from Bangladesh, there is a beautiful
16 proverb that says {in Bengali}, meaning we may
17 look colorful outside, out of our skin, but
18 inside we share the same color of blood.
19 There is no place for racism. There
20 is no place for discrimination. There is no
21 place for so-called supremacy. There is no place
22 for so-called extremism. Terrorism has no color,
23 no blood, no religion. Terrorism, terrorism is
24 to terrify the people, to harm the humanity. We
25 have to condemn, by all means, all types of
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1 terrorist activities that's driven by toxic
2 ideologies, driven by the evil forces,
3 irrespective if it is in the mosque or in
4 synagogue or in churches or in temples or in
5 every prayer place or in every corner of the
6 earth.
7 It's so inspiring to see all you
8 wonderful people today, united for a common, for
9 a united understanding and a noble cause. May
10 God Almighty help us in every step we take in
11 life. And in this global and respected,
12 honorable and sacred arena, may God Almighty help
13 us and be with us in every decision we make, in
14 every step we take in life.
15 Mr. President, with your permission
16 I would like to honor my fellow Bangladeshi
17 nationals as they are commemorating their
18 Independence Day today. From the bottom of our
19 hearts, Bangladesh, we love you. Bangladesh, {in
20 Bengali}.
21 We congratulate all of you on behalf
22 of the Bengali community and on behalf of all our
23 community all around the globe. May God bless
24 you. May God bless this wondrous land of
25 America. May God bless the humanity. May God
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1 bless the planet. With mutual understanding,
2 tolerance and love, we can make this planet
3 better and more beautiful.
4 Thank you very much. Stay blessed.
5 God bless you all.
6 (Applause.)
7 ACTING PRESIDENT BENJAMIN: The
8 reading of the Journal.
9 THE SECRETARY: In Senate, Tuesday,
10 March 26, 2019, the Senate met pursuant to
11 adjournment. The Journal of Monday, March 25,
12 2019, was read and approved. On motion, Senate
13 adjourned.
14 ACTING PRESIDENT BENJAMIN: Without
15 objection, the Journal stands approved as read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 The Secretary will read.
19 THE SECRETARY: On page 18, Senator
20 Kaplan moves to discharge, from the Committee on
21 Environmental Conservation, Assembly Bill Number
22 3471 and substitute it for the identical Senate
23 Bill 2417, Third Reading Calendar 311.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
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1 THE SECRETARY: On page 21, Senator
2 Lanza moves to discharge, from the Committee on
3 Environmental Conservation, Assembly Bill Number
4 4959 and substitute it for the identical Senate
5 Bill 3855, Third Reading Calendar 348.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 on behalf of Senator Myrie, I wish to call up
17 Senate Print 3145, recalled from the Assembly,
18 which is now at the desk.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 164, Senate Print 3145, by Senator Myrie, an act
23 to amend the Election Law.
24 SENATOR GIANARIS: I now move to
25 reconsider the vote by which this bill was
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1 passed.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will call the roll on reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is restored to its place on the Third
8 Reading Calendar.
9 SENATOR GIANARIS: I offer the
10 following amendments.
11 ACTING PRESIDENT BENJAMIN: The
12 amendments are received.
13 Senator Gianaris.
14 SENATOR GIANARIS: Mr. President,
15 can we please take up previously adopted
16 Resolution 617, by Senator Sepúlveda, read it in
17 its entirety, and recognize Senator Sepúlveda.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Senate Resolution
21 617, by Senator Sepúlveda, celebrating March 26,
22 2019, as Bangladesh Day.
23 "WHEREAS, March 26th is the National
24 Independence Day of Bangladesh; this day is
25 celebrated in Bangladesh and also all around the
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1 world in honor of its country's Declaration of
2 Independence from Pakistan in the late hours of
3 March 25, 1971, and the start of the Bangladesh
4 Liberation War; and
5 "WHEREAS, This day is also a
6 memorial to the deaths of thousands of students,
7 civilians, political leaders, and unarmed Bengali
8 people; the Bangladesh Liberation War started
9 between West and East Pakistan; and
10 "WHEREAS, West Pakistan believed
11 they were far superior to those in East Pakistan;
12 they gave East Pakistan no privileges; they had a
13 bad economy, and no rights; and
14 "WHEREAS, The first election in the
15 history of Pakistan was held on December 7, 1970;
16 there were 300 seats in the parliament; East
17 Pakistan won 160 seats, and West Pakistan won 81
18 seats; instead of handing over the power to the
19 winning party, they imposed martial law on
20 East Pakistan; and
21 "WHEREAS, East Pakistani leader
22 Mr. Bongu Bondhu Sheikh Mujibur Rahman urged the
23 Bengali people to turn their homes into resisting
24 forts; he said, "Our struggle is for our freedom.
25 Our struggle is for our independence"; this
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1 speech is what mainly inspired the nation to
2 fight for freedom; and
3 "WHEREAS, The West Pakistani Army
4 sent a military plan known as Operation
5 Searchlight; it was planned to curb the Bengalis'
6 movement by taking control of major cities, and
7 eliminating all opposition, political or
8 military; and
9 "WHEREAS, At that time, Ziaur Rahman
10 broadcasted a message that the Independent
11 People's Republic of Bangladesh had been
12 established; and
13 "WHEREAS, At this point, March 26,
14 1971, the Bangladesh Liberation War had broken
15 out in the whole country; this was the day the
16 Bengali people stood up to the Pakistani Army;
17 and
18 "WHEREAS, After a nine-month-long
19 war, the Pakistani Army finally surrendered
20 unconditionally; many lives were lost, but
21 Bangladesh, as a country, gained its freedom, its
22 independence; and
23 "WHEREAS, It is the sense of this
24 Legislative Body to recognize the great
25 contributions which the Bangladesh community have
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1 brought to our state and nation; and
2 "WHEREAS, Many Bangladesh people
3 have made New York their home; and this
4 Legislative Body, representing the people of the
5 State of New York, is pleased to thank the
6 Bangladesh people for their contributions to this
7 great Empire State; and
8 "WHEREAS, It is the custom of this
9 Legislative Body that those who enhance the
10 well-being and vitality of their community and
11 have shown a long and sustained commitment to
12 excellence certainly have earned the recognition
13 and applause of all the citizens of this great
14 Empire State; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to celebrate
17 March 26, 2019, as Bangladesh Day; and be it
18 further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted
21 to Bangladeshi-American Community Council (BACC)
22 President Mohammed N. Mujumder, LLM; Bangladesh
23 Society of Bronx President Shahad Ahamed; Bronx
24 Bangladesh Society President Abdul Gaffer
25 Chowdhury (Khasru); Bangladesh Cultural
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1 Association of North America Representative Abul
2 Hashem Hasnu; BANDS President Soloman Ali; the
3 American-Bangladesh Welfare Organization, USA
4 Representative Abdus Shahid; Bronx Bangladesh
5 Association Representative A. Islam Mamun; North
6 Bronx Bangladesh Association Representative
7 Monzur Chowdhury Joglu; Bangalee Chatona Moncho
8 Representative Abdur Rahim Badsha; Bronx
9 Bangladesh Women's Association President Farida
10 Yeasmin; Bangladesh-American Women Association
11 President Rexona Mujumder; Laksham Foundation,
12 Inc. President Abdul Titumir; Bangladesh Sports
13 Council of North America Inc. President Mohiuddin
14 Dewan; Congress of Bangladesh America Inc.
15 Secretary General Monjur Ahmed Chowdhury; Nojabot
16 Ali Foundation Representative Dr. Mita Chowdhury;
17 Bangladesh Association of New Jersey President
18 Dr. Zeenat Nabi; Fenchugonj Organization of
19 America, Inc. Representative Md Shamim Miah; and
20 Bangladesh Sports Foundation of North America
21 President Mohammed A Rahim."
22 ACTING PRESIDENT BENJAMIN: Senator
23 Sepúlveda on the resolution.
24 SENATOR SEPÚLVEDA: Thank you,
25 Mr. President, for allowing me to speak today on
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1 the resolution. {In Bengali.}
2 (Applause from audience.)
3 SENATOR SEPÚLVEDA: You know, this
4 is one of the great days for me during
5 legislation session. But before I continue, I
6 really want to thank Imam Mohammad Ansarul Karim
7 for a wonderful speech, for a wonderful prayer on
8 peace, tolerance and love. We need more people
9 with your ideology in this world to make it a lot
10 better place. So thank you, Imam.
11 I'd also like to recognize the
12 conveners of today's event, Nazrul Haque, Farida
13 Yeasmin, and Judicial Delegate Rexona Mujumder.
14 Thank you for the work you've done to put this
15 event together.
16 But I'd like to thank everyone who
17 worked today to make this such a special event
18 for my Bengali brothers and sisters from the
19 Bronx, and for the Imam, who is actually from
20 Senator Gianaris's district in Woodside. I will
21 forgive him for that.
22 (Laughter.)
23 SENATOR SEPÚLVEDA: I'm extremely
24 honored to sponsor this resolution that
25 commemorates the Independence Day of Bangladesh.
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1 Without you all, we would not have
2 been able to make this celebration possible.
3 While we are celebrating this beautiful and
4 exuberant country in which this culture has
5 brought so much vitality to our community,
6 especially in my district in the Bronx, we also
7 are here in remembrance of the fallen soldiers
8 who laid down their lives to have freedom for
9 Bangladesh from Pakistan. And I honor the
10 freedom fighters that are here today.
11 On March 26, 1971, the resilient and
12 brave leader Bongu Bondhu Sheikh Mujibur Rahman
13 declared independence from Pakistan, and the
14 independent state of Bangladesh was proclaimed.
15 West Pakistan forces were called in to suppress
16 the revolt, and the courageous and honorable
17 freedom fighters fought back to secure an
18 independent country for their people.
19 Many lives were lost in their
20 struggle for independence, with an estimate of
21 1 million Bengalis killed by Pakistani forces
22 during the several months of war. They risked
23 everything to ensure that their people and their
24 following generations do not suffer from the same
25 oppression. Today we remember those heroes.
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1 Furthermore, over 10 million
2 Bengalis took refuge in India during the war,
3 forcing familial separations and home vacancies.
4 It took great fortitude and tremendous spirit to
5 surpass a significant loss, and the Bengali
6 people have left that and more.
7 I stand with you today and every day
8 because in a time where suppression still exists
9 in many forms, we should never forget the
10 strength that unites this country as one of
11 persistence against persecution and injustice.
12 Bangladesh fought for liberation and ultimately
13 won. It is a country to be revered and
14 treasured.
15 It is a country that has contributed
16 to New York and has left their footprint in this
17 state and in my county. New York is home to many
18 cultures around the world, but the Bangladesh
19 community has a special place in my heart. With
20 all my love, Happy Bangladesh Day.
21 Thank you.
22 (Applause from audience.)
23 ACTING PRESIDENT BENJAMIN: Senator
24 Bailey on the resolution.
25 SENATOR BAILEY: Thank you,
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1 Mr. President. Kemon achhen.
2 (Response from guests.)
3 SENATOR BAILEY: See, I got my
4 pronunciation a little bit better today than I
5 did yesterday, Mr. President.
6 At the risk of sounding repetitive,
7 I won't make the same joke about my name today.
8 But what I will do is say Happy Bangladesh Day.
9 Thank you for coming up here, and
10 thank you for -- you know, as Senator Sepúlveda
11 indicated, thank you for being welcoming in a
12 time of such division in our country, in our city
13 and state as well. And it takes days like this
14 when people of different faiths and different
15 cultures get to come up to our State Capitol and
16 get to infuse a little bit of culture here. And
17 it's sorely necessary, especially during times
18 like today, like the budget, where we are poring
19 over data minute by minute, hour by hour. And
20 it's a nice break, it's a nice time for you to
21 come up and for us to enjoy you.
22 And the impact that you've had not
23 only on the community but to me personally -- and
24 you welcomed me to an Eid celebration in 2016 in
25 Oval Park, and there I saw the togetherness, the
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1 warmth of your community. And each and every
2 member of your community did not leave without
3 shaking my hand. And that's something that has
4 stuck with me to this day about your level of
5 commitment and community. And my first TV
6 appearance ever was on Taher's Time Television.
7 So I appreciate what the community
8 has done. Yes, Taher, that's wonderful. But I
9 just want to say I appreciate what you've done
10 and the work that you will continue to do. And
11 thank you all for coming out. Dhonnobad.
12 (Applause from audience.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Thomas on the resolution.
15 SENATOR THOMAS: Thank you,
16 Mr. President.
17 I rise as the first South Asian
18 State Senator here in New York, and I stand here
19 to congratulate the Bangladeshi community on
20 their Independence Day.
21 Bangladesh is a unique country. It
22 is perhaps the only country in the world that has
23 gone through multiple national identities and
24 struggles to be recognized for what it is today.
25 Its name, Bangladesh, translated as
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1 land for Bengali people, is steeped in history.
2 Until 1947 it was part of an undivided India. In
3 1947, with the end of the British colonial rule,
4 it was handed over to be part of Pakistan and got
5 named as East Pakistan. In 1971 the people of
6 Bangladesh won their independence from Pakistan
7 through a gruesome nine-month-long liberation war
8 that was declared 48 years ago yesterday.
9 Hence, the history of Bangladesh and
10 Bangladeshis is complex and rich. First, they
11 were deemed as Indian, then Pakistani, and now,
12 finally, Bangladeshi. This identity that
13 embodies and manifests the aspiration of
14 Bangladeshis was achieved through a great
15 sacrifice, through blood, sweat and tears.
16 Since independence, Bangladesh has
17 achieved great things for its people. It is
18 often cited as the success story of the
19 globalized world. It has attained and maintains
20 great economic growth that has raised millions
21 out of poverty. In 2024, according to the
22 United Nations, it is expected to graduate from
23 the category of least developing country to
24 become a developed country -- a phenomenal
25 achievement for a small country with 165 million
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1 people in its short 48 years.
2 I rise today, again, to congratulate
3 the people of Bangladesh on their success and
4 wish them a joyous Shadhinôta Dibôs. And as they
5 continue on the path to strive for better lives
6 both at home and abroad, especially here in the
7 great State of New York, I want you to all know
8 you will always find a friend in me, and please
9 come to Long Island.
10 Thank you.
11 (Applause from audience.)
12 ACTING PRESIDENT BENJAMIN: Senator
13 Biaggi on the resolution.
14 SENATOR BIAGGI: Thank you,
15 Mr. President. Asalamu alaikum!
16 (Response from guests.)
17 SENATOR BIAGGI: I rise today to
18 celebrate the National Independence Day of
19 Bangladesh, and also to honor a lot of what the
20 Imam said, actually, when he spoke to this body.
21 The courage and the perseverance and
22 the wherewithal of what it takes to stand up for
23 your independence is something not only to be
24 honored, but something that this body can also
25 mirror. You are a guiding light for all of us
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1 here today. We welcome you, we celebrate you.
2 And in my district, District 34 in
3 the Bronx, particularly in the Castle Hill and
4 Parkchester section, it is your community that
5 makes my job better. You brighten up the day.
6 You are welcoming. You are loving. You are
7 kind. And you set an amazing example for all of
8 the people in the Bronx. So thank you.
9 I celebrate you, and I'm very happy
10 to be here today.
11 (Applause from audience.)
12 ACTING PRESIDENT BENJAMIN: Senator
13 Persaud on the resolution.
14 SENATOR PERSAUD: Thank you,
15 Mr. President.
16 I rise today to say Happy
17 Independence Day to all my Bengali friends.
18 I have a large community of Bengali
19 citizens living within my district, and I can
20 tell you they are very productive residents of
21 the district.
22 When the Imam stood up there today
23 and talked about tolerance, his message -- I hope
24 everyone got the message. Because we're sitting
25 in a chamber where there's intolerance, where we
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1 look at people because of their religion as
2 different to us. Where we're intolerant because
3 we hear someone speaking a language that's not
4 ours. That's not what we're about. While we're
5 celebrating cultures, we must show tolerance. It
6 should start with us, here in our chamber,
7 accepting of everyone's religion.
8 Despite what we may feel, we should
9 be respectful of people when they come into our
10 chamber to say a prayer for all of us. The
11 prayer is for all of us. We do not have to like
12 a religion, but we should be respectful.
13 So to all of my Bengali family here
14 today, welcome, welcome, welcome. Happy
15 independence.
16 (Applause from audience.)
17 ACTING PRESIDENT BENJAMIN: Senator
18 Liu on the resolution.
19 SENATOR LIU: Thank you,
20 Mr. President.
21 I join all my colleagues in
22 welcoming our friends from the Bangladeshi
23 American community. I guess yesterday we had a
24 group from Queens; today we have a group from the
25 Bronx and beyond.
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1 It is always good to have
2 Bangladeshi Americans in this chamber. And on
3 this occasion, when we celebrate their
4 independence, it reminds all of us that they have
5 made incredible contributions to our state, to
6 our society in every aspect that we can imagine.
7 And so with that, I just want to say
8 thank you, welcome, and keep doing what you do
9 for America and the world. Thank you.
10 (Applause from audience.)
11 ACTING PRESIDENT BENJAMIN: Senator
12 Ramos on the resolution.
13 SENATOR RAMOS: Thank you,
14 Mr. President.
15 I rise again today to celebrate the
16 vibrant Bangladeshi community in Jackson Heights
17 and in all of my district, but across New York as
18 well.
19 I said a lot yesterday about the
20 many contributions that Bangladeshi Americans
21 make to my community and beyond, but today
22 I want to make sure we are highlighting
23 Bangladeshi women. Bangladeshi women are freedom
24 fighters too. And Bangladeshi women are the
25 rocks of their families, of our communities. And
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1 I rise in solidarity with them as we continue to
2 advance more rights for women as workers and as
3 homemakers.
4 Thank you.
5 (Applause from audience.)
6 ACTING PRESIDENT BENJAMIN: The
7 resolution was previously adopted on March 7th.
8 To our guests, I welcome you on
9 behalf of the Senate. We extend to you the
10 courtesies and privileges of this house. Please
11 rise and be recognized.
12 (Standing ovation.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Gianaris.
15 SENATOR GIANARIS: Senator
16 Sepúlveda would like to open this resolution for
17 cosponsorship, Mr. President.
18 ACTING PRESIDENT BENJAMIN: The
19 resolution is open for cosponsorship. Should you
20 choose not to be a cosponsor of the resolution,
21 please notify the desk.
22 Senator Gianaris.
23 SENATOR GIANARIS: Can we now
24 please take up previously adopted Resolution 780,
25 by Senator Seward, read that resolution in its
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1 entirety, and call on Senator Seward.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will read.
4 THE SECRETARY: Senate Resolution
5 Number 780, by Senator Seward, congratulating the
6 Cooperstown Boys Varsity Basketball Team upon the
7 occasion of capturing the New York State Public
8 High School Athletic Association Class C
9 Championship.
10 "WHEREAS, Individual and team
11 championships are highly sought after in high
12 school sports; this Legislative Body commends
13 rare athletic achievements and pays special
14 recognition to those who pursue such excellence
15 and become examples for the youth of this great
16 Empire State; and
17 "WHEREAS, Athletic competition helps
18 to enhance both the moral and physical
19 development of young athletes, preparing them for
20 the future by instilling in them the importance
21 of teamwork, encouraging a standard of healthy
22 living, and developing a sense of fair play and
23 competition; and
24 "WHEREAS, This Legislative Body is
25 justly proud to congratulate the Cooperstown Boys
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1 Varsity Basketball Team upon the occasion of
2 capturing the New York State Public High School
3 Athletic Association Class C Championship; to the
4 praise and applause of their excited fans, the
5 Hawkeyes defeated Middle Early College in a 71-61
6 victory on Sunday, March 17, 2019, at Floyd L.
7 Maines Arena, Binghamton, New York; and
8 "WHEREAS, The thrilling title game
9 victory followed one of the most electrifying,
10 gritty team performances in school history -- a
11 108-98 triple overtime win over Greenport High
12 School in the state semifinals; and
13 "WHEREAS, Despite many years of
14 excellence, the New York State title is the first
15 ever for the Cooperstown Boys Basketball program,
16 claiming a special place in the school's record
17 books for the 2018-2019 Hawkeyes; and
18 "WHEREAS, Proudly donning the
19 school's colors of orange and black, family,
20 friends, and the community at large loyally and
21 enthusiastically supported the Hawkeyes
22 throughout their journey as they ended their
23 season with an impressive 25-2 overall record;
24 and
25 "WHEREAS, In a sport such as
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1 basketball, which demands athletic prowess, speed
2 and agility, Head Coach John Lambert and his
3 expert coaching staff worked hard to hone the
4 skills of this championship team, teaching these
5 outstanding athletes lessons which will prove
6 invaluable both on and off the court; and
7 "WHEREAS, Coach John Lambert and all
8 of the outstanding athletes on the Cooperstown
9 Boys Varsity Basketball Team have clearly
10 utilized dedication, determination and teamwork
11 in providing a lasting contribution to the spirit
12 of excellence which is a tradition of their
13 school; now, therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to congratulate
16 the members of the Cooperstown Boys Varsity
17 Basketball team: Ryan Burns, Jesse Furnari, John
18 Kennedy, Jack Lambert, Ryan Lansing, Spencer
19 Lewis, Noah Lifgren, Kyle Meyer, Calvin Sandler,
20 Kyle Santello and Ben Tafuro; Head Coach John
21 Lambert; Assistant Coach Matt Hulbert; and
22 Extracurricular and Athletic Director David
23 Bertram, on their outstanding season and overall
24 team record; and be it further
25 "RESOLVED, That copies of this
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1 resolution, suitably engrossed, be transmitted to
2 the members of the Cooperstown Boys Varsity
3 Basketball Team, Head Coach John Lambert,
4 Assistant Coach Matt Hulbert and Extracurricular
5 and Athletic Director David Bertram."
6 ACTING PRESIDENT BENJAMIN: Senator
7 Seward on the resolution.
8 SENATOR SEWARD: Thank you,
9 Mr. President.
10 I'm extremely pleased to welcome to
11 the State Capitol and this chamber today the
12 Cooperstown Boys Basketball -- the Cooperstown
13 Hawkeyes, along with their Head Coach John
14 Lambert and Assistant Coach Matt Hulbert. They
15 are the 2019 New York State High School Class C
16 Basketball Champions.
17 You know, as mentioned in the
18 resolution, this group of very hardworking young
19 men is the first boys team to capture a state
20 basketball championship for Cooperstown.
21 However, a Cooperstown basketball team has made
22 the trip to the Capitol before; I hosted the
23 State Champion Girls Team from Cooperstown here
24 in the Senate back in 2015. So now we have
25 parity with the girls and the boys basketball
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1 teams in Cooperstown.
2 While many of you know about
3 Cooperstown's baseball traditions, I think high
4 school basketball is quickly catching up. This
5 winter the Cooperstown Boys put together a
6 dominant 25-2 season that concluded with a
7 decisive 71-61 win over Early Middle College High
8 School, to capture the state championships. And
9 my apologies to Senator Kennedy, who represents
10 that other school.
11 While the championship game was
12 fantastic, it was nothing compared to the triple
13 overtime thriller in the semifinals -- three
14 overtime periods. Cooperstown and Greenport --
15 and my apologies to Senator LaValle on
16 Greenport -- they traded shots in a true battle
17 of wills, with the Hawkeyes finally coming out on
18 top, 108-98. Now, those are NBA numbers.
19 I've got to tell you, Team, I don't
20 know how you found the energy after a game like
21 that to come back within 24 hours and play again
22 and win a state title. Truly amazing.
23 This is a team that has worked
24 together toward the goal of a state championship
25 for years. The eight seniors on this team have
2158
1 been through quite a bit together: Youth
2 Basketball, games and practices at the Clark
3 Sports Center, and near misses of state
4 championships in earlier years. This talented
5 team put the work in, and the result was a
6 much-sought-after state title, a true crowning
7 achievement for their efforts.
8 And of course the boys were never
9 alone in their journey. They had plenty of
10 backing -- a coaching staff that has worked with
11 these players since they were first able to pick
12 up a basketball; parents and family members who
13 have always been there to offer encouragement; as
14 well as they had the enthusiastic backing and
15 support of the entire community.
16 Along with their successes on the
17 basketball court, this team has excelled in the
18 classroom as well. They were recently named a
19 New York State Public High School Athletic
20 Association Scholar-Athlete Team. Truly they
21 epitomize the term "student athlete."
22 They are terrific role models for
23 other students, role models for young basketball
24 players who look up to them. And they are role
25 models for the community at large.
2159
1 The 2019 Cooperstown Hawkeyes, they
2 are champions both on and off the court. And I
3 say congratulations and ask, Mr. President, if
4 you would introduce them to this body.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Antonacci on the resolution.
7 SENATOR ANTONACCI: Thank you,
8 Mr. President.
9 You guys may not recognize me
10 without my striped shirt and whistle, but I've
11 been a 29-year high school boys basketball
12 official in Syracuse, New York. I've worked
13 extensively with Utica officials, I've watched
14 your team come into Syracuse many times, and I've
15 actually had the privilege of refereeing
16 Cooperstown in several playoff games over the
17 last few years.
18 I just want to say congratulations.
19 I'm glad that Senator Seward brought you in here
20 today and we can honor you. What you did is an
21 amazing accomplishment. But how you represent
22 your school is even more important. And I know,
23 when I see you come into Syracuse, when I see you
24 take the court, you are a great representative
25 for Cooperstown. This will be something you'll
2160
1 remember the rest of your life.
2 And I know you sent home a lot of
3 Syracuse teams packing out of the playoffs --
4 knock that off. Okay, you can beat anybody else
5 you want from other parts of the state. But
6 you've represented Section 3 very well, and
7 again, congratulations.
8 ACTING PRESIDENT BENJAMIN: The
9 resolution was previously adopted on March 26th.
10 To our guests, I welcome you on
11 behalf of the Senate. Congratulations on your
12 achievement. We extend to you the privileges and
13 courtesies of this house. Please rise and be
14 recognized.
15 (Standing ovation.)
16 ACTING PRESIDENT BENJAMIN: Senator
17 Gianaris.
18 SENATOR GIANARIS: Mr. President,
19 at the request of Senator Seward, this resolution
20 is open for cosponsorship.
21 ACTING PRESIDENT BENJAMIN: The
22 resolution is open for cosponsorship. Should you
23 choose not to be a cosponsor of the resolution,
24 please notify the desk.
25 Senator Gianaris.
2161
1 SENATOR GIANARIS: Can we take up
2 the reading of the calendar, please.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 291, Senate Print 1455, by Senator Sanders, an
7 act to amend the Public Health Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day after it
12 shall have become a law.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 308, Senate Print 1724, by Senator Skoufis, an
23 act to amend the Environmental Conservation Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
2162
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
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: In relation to
10 Calendar Number 308: Ayes, 60. Nays, 1.
11 Senator Akshar recorded in the negative.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 309, Senate Print 2100, by Senator Mayer, an act
16 to require the Department of Environmental
17 Conservation to report on coyote management
18 techniques in urban and suburban areas.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
2163
1 ACTING PRESIDENT BENJAMIN: Senator
2 Mayer to explain her vote.
3 SENATOR MAYER: Thank you,
4 Mr. President. And thank you to my colleagues
5 for bringing this bill to the floor today.
6 This bill, which would require the
7 Department of Environmental Conservation to
8 prepare a report on coyote management techniques
9 in urban and suburban communities and report back
10 within a very short amount of time, would I think
11 expand the ability of New York State to be
12 proactive and thoughtful in its response to an
13 increasing number of coyotes, particularly in
14 downstate New York.
15 I know in the City of Yonkers we had
16 a substantial issue with coyotes in our
17 community. We had DEC come and present. I have
18 found in my own research that other states have
19 done some interesting and creative things to
20 address the issue of coyotes in suburban
21 communities where, frankly, people are afraid of
22 them. They're afraid to walk their dogs, they're
23 afraid to have their small children play outside.
24 So I'm confident that working with
25 DEC, through this reporting technique we can come
2164
1 up with a better way and some more informed ways
2 to deal with a problem that much of the suburban
3 United States is having, which is as our
4 communities become less rural, many animals are
5 moving into more urban and suburban communities.
6 We need a thoughtful approach to respond, and
7 this bill is a very reasonable approach to do so.
8 So thank you to my colleagues again.
9 I look forward to working with DEC and my
10 colleagues on what is an important issue in many
11 communities.
12 Thank you, Mr. President.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Mayer to be recorded in the affirmative.
15 Senator Seward to explain his vote.
16 SENATOR SEWARD: Yes, to explain my
17 vote, Mr. President.
18 I appreciated Senator Mayer's
19 explanation of the bill and outlining the issue
20 as it relates to the urban and suburban areas of
21 our state.
22 However, the issue of coyotes and
23 their being not only nuisances but also in some
24 cases dangerous, that's a statewide concern.
25 Many rural communities face the same issue. And
2165
1 so regrettably, until this is a statewide bill, I
2 will be voting in the negative.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Seward to be recorded in the negative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 309, those Senators recorded in
8 the negative are Senators Akshar, Amedore,
9 Antonacci, Funke, Gallivan, Griffo, Helming,
10 Jacobs, Jordan, Little, O'Mara, Ortt and Seward.
11 Ayes, 48. Nays, 13.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 311, Assembly Print 3471, substituted earlier by
16 Member of the Assembly Zebrowski, an act to amend
17 the Environmental Conservation Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of
22 September next succeeding the date on which it
23 shall have become a law.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
2166
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 311, those Senators recorded in
6 the negative are Senators Akshar, Amedore,
7 Antonacci, Lanza and Ortt.
8 Ayes, 56. Nays, 5.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 348, Assembly Print Number 4959, substituted
13 earlier by Member of the Assembly Cusick, an act
14 to amend Chapter 395 of the Laws of 1978.
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: In relation to
25 Calendar Number 348, those Senators voting in the
2167
1 negative are Senators Akshar, Griffo and O'Mara.
2 Ayes, 58. Nays, 3.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 349, Senate Print 3889, by Senator Carlucci, an
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Carlucci to explain his vote.
17 SENATOR CARLUCCI: Thank you,
18 Mr. President.
19 The legislation before us deals with
20 what I believe is a technical amendment to the
21 law that currently exists. We're talking about
22 problem-solving courts, or diversion courts,
23 which have been extremely successful in diverting
24 people from the criminal justice system, from
25 being incarcerated, to making sure that we're
2168
1 getting treatment, getting rehabilitation to make
2 sure that people aren't continuing through the
3 cycle of in and out of court or in and out of our
4 jails.
5 Right now, unfortunately, the reason
6 why this legislation is necessary is because
7 under current law we don't have the ability to
8 move someone from one jurisdiction to another.
9 And the reason why that's important is because in
10 New York State, as many of you know, we have 932
11 towns, we have 556 villages, and we have over
12 1250 justice courts in the State of New York.
13 So what that means is in order to
14 make sure that we're allowing for New Yorkers to
15 avail themselves of a diversion court, we would
16 have to recreate these diversion courts in each
17 of the 1250 justice courts in New York State.
18 The idea is we can do economies of
19 scale. We can have one court, one
20 problem-solving court in a county that's doing
21 good stuff. For example, in Westchester County
22 we have 40 different courts in Westchester
23 County. We've got a great mental health court in
24 White Plains. Unfortunately, if you get arrested
25 outside the City of White Plains, you're not able
2169
1 to go to that mental health court.
2 So we want to make sure that we're
3 changing the law -- it's a simple change in the
4 law -- to allow the district attorney to refer
5 these cases really to a hub court. We've had
6 great success with integrated domestic violence
7 courts in Rockland County. But what we've had to
8 do is we've had to have six separate courts
9 within Rockland County to cover the five towns
10 and to cover the large Village of Spring Valley.
11 It's working, but we know we can have it work
12 better.
13 The idea is to train judges, to
14 train the court staff to be able to deal with
15 these unique problems. We want them to be able
16 to identify the issues of mental illness, the
17 complex issues of domestic violence, and making
18 sure that the survivors of domestic violence are
19 getting the help that they need and deserve.
20 And most importantly, making sure
21 that we're not just incarcerating people, we're
22 getting them the treatment, the help that they
23 need. We know it works, it improves the quality
24 of life of those individuals and the quality of
25 life of everyone in our community.
2170
1 So I ask my colleagues to support
2 this legislation. Let's get this done, let's get
3 it on the Governor's desk. Let's make this a
4 reality in New York State and make sure we're
5 moving in the right direction.
6 So thank you, Mr. President.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Carlucci to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 349, those Senators voting in the
12 negative are Senators Akshar, Antonacci,
13 Flanagan, Griffo, Helming, Jacobs, Jordan,
14 Little, Ritchie and Tedisco.
15 Ayes, 51. Nays, 10.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Is there any
21 further business at the desk, Mr. President?
22 ACTING PRESIDENT BENJAMIN: There
23 is no further business at the desk.
24 SENATOR GIANARIS: I move to
25 adjourn until tomorrow, Thursday, March 28th --
2171
1 which is also opening day for baseball -- at
2 3:00 p.m.
3 ACTING PRESIDENT BENJAMIN: On
4 motion, the Senate stands adjourned until
5 Thursday, March 28th, at 3:00 p.m.
6 (Whereupon, at 4:31 p.m., the Senate
7 adjourned.)
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