Regular Session - March 27, 2019

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 27, 2019

11                      3:46 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  


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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, 


                                                               2132

 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, 


                                                               2133

 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 


                                                               2134

 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 


                                                               2135

 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 


                                                               2137

 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 


                                                               2138

 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 


                                                               2139

 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, 


                                                               2145

 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 


                                                               2146

 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 


                                                               2147

 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 


                                                               2148

 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 


                                                               2149

 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 


                                                               2150

 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.  


                                                               2151

 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 


                                                               2152

 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 


                                                               2153

 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 


                                                               2154

 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  


                                                               2155

 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 


                                                               2156

 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 


                                                               2157

 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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