Regular Session - May 14, 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 May 14, 2019
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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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 for the presentation of colors.
6 Color Guard, parade the colors.
7 (Whereupon, the 10th Mountain
8 Division Color Guard entered through the rear
9 doors and proceeded to the center of the
10 chamber.)
11 ACTING PRESIDENT BENJAMIN:
12 Everyone present, please join us in the Pledge of
13 Allegiance.
14 (Whereupon, the assemblage recited
15 the Pledge of Allegiance to the Flag.)
16 ACTING PRESIDENT BENJAMIN: Color
17 Guard, retire the colors.
18 (Whereupon, the Color Guard marched
19 to the rear doors and exited the chamber.)
20 ACTING PRESIDENT BENJAMIN:
21 Chaplain Lieutenant Colonel James Foster, the
22 Army chaplain from the 10th Mountain Division,
23 will provide today's invocation.
24 Chaplain Foster.
25 CHAPLAIN FOSTER: Let me invite you
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1 to this brief moment when we can each give
2 individually recognition to the One we credit
3 with blessing this great state, the 10th Mountain
4 Division, and our great nation.
5 I come before You, Almighty God,
6 Whose goodness has been so manifest in our
7 history and in our lives that I ask You to
8 continue Your bounties upon us and our children.
9 Lord, as You give so freely and so
10 graciously, help us not to squander or waste the
11 great resources You provide, for we must make
12 them fruitful in our hands.
13 Help us not to lose our sense of
14 moral responsibility. I earnestly pray that a
15 spirit of righteousness and justice may grow in
16 our hearts and that our souls may be inclined
17 ever more both toward the virtues that tell for
18 gentleness and forbearance, and toward those no
19 less necessary virtues like courage and rugged
20 hardihood. For as Theodore Roosevelt said,
21 without these qualities neither individual nor
22 nation can rise to the level of greatness.
23 Now accept my thanks for the peace
24 that yields this day, and the shared faith that
25 makes its continuance likely. Make us strong to
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1 do Your work, willing to hear and heed Your will,
2 and let us never forget our duty to neighbor and
3 to You, Almighty God.
4 Amen.
5 ACTING PRESIDENT BENJAMIN: The
6 reading of the Journal.
7 THE SECRETARY: In Senate, Monday,
8 May 13, 2019, the Senate met pursuant to
9 adjournment. The Journal of Sunday, May 12,
10 2019, was read and approved. On motion, Senate
11 adjourned.
12 ACTING PRESIDENT BENJAMIN: Without
13 objection, the Journal stands approved as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 The Secretary will read.
17 THE SECRETARY: On page 34, Senator
18 Hoylman moves to discharge, from the Committee on
19 Codes, Assembly Bill Number 2665A and substitute
20 it for the identical Senate Bill 4657A, Third
21 Reading Calendar 587.
22 ACTING PRESIDENT BENJAMIN: The
23 substitution is so ordered.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: On behalf of
7 Senator Parker, on page 11 I offer the following
8 amendments to Calendar 170, Senate Print 2352,
9 and ask that said bill retain its place on Third
10 Reading Calendar.
11 ACTING PRESIDENT BENJAMIN: The
12 amendments are received, and the bill shall
13 retain its place on the Third Reading Calendar.
14 SENATOR GIANARIS: Also on behalf
15 of Senator Parker, on page 28 I offer the
16 following amendments to Calendar 512, Senate
17 Print 4925, and ask that said bill retain its
18 place on Third Reading Calendar.
19 ACTING PRESIDENT BENJAMIN: The
20 amendments are received, and the bill shall
21 retain its place on the Third Reading Calendar.
22 SENATOR GIANARIS: On behalf of
23 Senator Gounardes, on page 15 I offer the
24 following amendments to Calendar 230, Senate
25 Print 3944, and ask that said bill retain its
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1 place on the Third Reading Calendar.
2 ACTING PRESIDENT BENJAMIN: The
3 amendments are received, and the bill shall
4 retain its place on the Third Reading Calendar.
5 SENATOR GIANARIS: On behalf of
6 Senator Skoufis, on page 18 the following
7 amendments are offered to Calendar Number 313,
8 Senate Print 1660, and I ask that said bill
9 retain its place on Third Reading Calendar.
10 ACTING PRESIDENT BENJAMIN: The
11 amendments are received, and the bill shall
12 retain its place on the Third Reading Calendar.
13 SENATOR GIANARIS: On behalf of
14 Senator Gaughran, I wish to call up Senate Print
15 4570A, recalled from the Assembly, which is now
16 at the desk.
17 ACTING PRESIDENT BENJAMIN: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 388, Senate Print 4570A, by Senator Gaughran, an
21 act authorizing the Board of Fire Commissioners
22 of the East Northport Fire District to receive
23 retroactive real property tax-exempt status.
24 SENATOR GIANARIS: 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, 50.
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: Please recognize
14 Senator Griffo.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Griffo.
17 SENATOR GRIFFO: Thank you,
18 Mr. President.
19 I move, on behalf of Senator Akshar,
20 that Senate Bill 329 be discharged from its
21 respective committee and be recommitted with
22 instructions to strike the enacting clause.
23 ACTING PRESIDENT BENJAMIN: It is
24 so ordered.
25 SENATOR GRIFFO: And also, on
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1 behalf of Senator LaValle, I move that Senate
2 Bill 3715 be discharged from its respective
3 committee and be recommitted with instructions to
4 strike the enacting clause.
5 ACTING PRESIDENT BENJAMIN: It is
6 so ordered.
7 Senator Gianaris.
8 SENATOR GIANARIS: Mr. President, I
9 move to adopt the Resolution Calendar, with the
10 exception of Resolution 1416.
11 ACTING PRESIDENT BENJAMIN: All in
12 favor of adopting the Resolution Calendar, with
13 the exception of Resolution 1416, please signify
14 by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT BENJAMIN:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT BENJAMIN: The
20 Resolution Calendar is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: Please take up
23 now previously adopted Resolution 1296, by
24 Senator Brooks, to be read in its entirety, and
25 recognize Senator Brooks on the resolution.
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1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 1296, by Senator Brooks, memorializing Governor
5 Andrew M. Cuomo to proclaim May 14, 2019, as
6 10th Mountain Division and Fort Drum Day in the
7 State of New York.
8 "WHEREAS, Fort Drum is located in
9 Jefferson County, in Northern New York, and is
10 the largest military installation in the
11 Northeastern United States; and
12 "WHEREAS, Fort Drum, previously
13 known as Pine Camp, was renamed in honor of
14 Lieutenant General Hugh Drum, a decorated
15 national hero, former commander of First Army
16 during World War II, and an early leader of the
17 state's own volunteer militia, the New York
18 Guard; and
19 "WHEREAS, For 34 years, Fort Drum
20 has been the home of the United States Army's
21 storied 10th Mountain Division, one of the most
22 deployed divisions in the United States Army; and
23 "WHEREAS, The 10th Mountain Division
24 served our nation with honor, distinction and
25 great sacrifice as a part of Operation Enduring
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1 Freedom and other actions central to our nation's
2 response to the terrorist attacks of
3 September 11, 2001; and
4 "WHEREAS, Elements of the 10th
5 Mountain Division, based on Fort Drum, were the
6 first to be deployed in the aftermath of those
7 attacks and the last units to return from combat
8 duty; and
9 "WHEREAS, In addition to Operation
10 Enduring Freedom, 10th Mountain Division
11 deployments have included Hurricane Andrew relief
12 in Florida, Operation Restore Hope in Somalia,
13 Operation Uphold Democracy in Haiti, Task Force
14 Eagle in Kosovo, Operation Iraqi Freedom,
15 Operation Freedom Sentinel in Afghanistan, and
16 advise-and-assist operations throughout the
17 world; and
18 "WHEREAS, More than 300 brave men
19 and women of the 10th Mountain Division, based on
20 Fort Drum, have given their lives to the cause of
21 defeating global terrorism; and
22 "WHEREAS, The distinguished service
23 of units assigned to Fort Drum has been
24 celebrated by presidents, members of Congress,
25 and members of the international community; and
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1 "WHEREAS, Four heroes serving with
2 the 10th Mountain Division -- Private First Class
3 John D. Magrath, Sergeant First Class Jared C.
4 Monti, Captain William D. Swenson, and Staff
5 Sergeant Travis W. Atkins -- have received our
6 military's highest honor, the Medal of Honor; and
7 "WHEREAS, During the 2018 fiscal
8 year, Fort Drum provided training and base
9 operations to support more than 27,000 Reservists
10 and National Guardsmen, as well as personnel from
11 other federal state and local agencies; and
12 "WHEREAS, In August of 2018, the
13 President of the United States visited Fort Drum
14 to sign the $717 billion fiscal 2019 National
15 Defense Authorization Act, which included a
16 2.6 percent military pay increase; and
17 "WHEREAS, In addition to its vital
18 role in our nation's defense, Fort Drum is also
19 the largest employer in Northern New York, and an
20 economic engine for the state and region, with a
21 direct impact of nearly $1.5 billion; and
22 "WHEREAS, The bond between Fort Drum
23 and the local civilian community is truly unique,
24 and more than 33,000 soldiers, officers, retirees
25 and family members of Fort Drum are an integral
3677
1 part of the North Country who are welcomed as
2 neighbors, coworkers, classmates, friends and
3 fellow New Yorkers; and
4 "WHEREAS, It is the sense of this
5 Legislative Body to salute the soldiers and
6 officers of the 10th Mountain Division, to honor
7 their dedication to preserving our freedom and
8 our nation, and to recognize their individual and
9 collective contributions to our communities and
10 to New York State; and
11 "WHEREAS, For the past eight years,
12 10th Mountain Division and Fort Drum Day has
13 served to educate members of this Legislative
14 Body about the sacrifices made every day by the
15 brave men and women of our armed forces, as well
16 as the importance of Fort Drum to our nation's
17 defense and New York's economy; and
18 "WHEREAS, Fort Drum has and will
19 continue to play a critical role in ensuring our
20 nation's military readiness to defend our state
21 and nation against hostility and threats to our
22 safety and national security; now, therefore, be
23 it
24 "RESOLVED, That this Legislative
25 Body pause in its deliberations to memorialize
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1 Governor Andrew M. Cuomo to proclaim May 14,
2 2019, as 10th Mountain Division and Fort Drum Day
3 in the State of New York; and be it further
4 "RESOLVED, That a copy of this
5 resolution, suitably engrossed, be transmitted to
6 Major General Brian J. Mennes, Commanding
7 General, 10th Mountain Division and Fort Drum."
8 ACTING PRESIDENT BENJAMIN: Senator
9 Brooks on the resolution.
10 SENATOR BROOKS: Thank you,
11 Mr. President.
12 Today we're honored here in the
13 Capitol to have the presence of members of the
14 10th Mountain Division, both here in the chamber
15 and over in the Legislative Office Building.
16 Camp Drum -- what in my day was
17 Camp Drum -- I had an opportunity to vacation
18 there, one would say, for six years while I was
19 in the National Guard. The post has come a long
20 way from when I was there. Now it's Fort Drum.
21 It houses the 10th Mountain Division, one of the
22 most deployed divisions in the United States
23 Army.
24 We are fortunate to have the men of
25 this division. And fortunately for us --
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1 recently the leadership has changed; Major
2 General Brian Mennes has assumed command. The
3 major general is a native New Yorker. He was
4 born and raised just outside of Buffalo, and he's
5 here leading his troops.
6 We had a chance to talk to many of
7 the members over the course of the day -- some
8 outstanding people here. We thank all of you for
9 the service you give to this nation. We are
10 fortunate to have such outstanding men and women
11 as yourself defending this great country.
12 So we welcome you all here today.
13 And I know one of their great neighbors wants to
14 extend a welcome to them also, so I'll thank you
15 and yield the floor.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Ritchie on the resolution.
18 SENATOR RITCHIE: Thank you,
19 Mr. President. It is my honor to mark
20 10th Mountain Day and Fort Drum Day here in the
21 New York State Senate.
22 I want to thank Leader
23 Stewart-Cousins for allowing this tradition to
24 continue. And I also want to thank Senator
25 Brooks for cohosting this with me. I appreciate
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1 your cohosting this but also your service to our
2 country.
3 We have many new members this year,
4 and I want to take a moment to explain why we
5 pause to celebrate Fort Drum Day. Many of you
6 don't know that Fort Drum is the largest
7 single-site employer in all of the State of
8 New York. There are more than 35,000 active-duty
9 soldiers, officers and military families who call
10 Fort Drum and Northern New York their home, with
11 3500 civilian employees and more than a billion
12 dollars in economic impact to the area.
13 But more than the economic benefit
14 for our state and its community, the
15 10th Mountain is at the very front in defending
16 and protecting America's freedom. The 10th
17 Mountain is the most deployed division in the
18 United States Army, responding at a moment's
19 notice to military and humanitarian crises in
20 far-flung corners of the world, from Eastern
21 Europe, Somalia, Haiti, Korea, and the Middle
22 East to many more -- even helping in the recovery
23 from Superstorm Sandy. The 10th Mountain
24 Division was the very first division to respond
25 when terrorists attacked our great city on 9/11.
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1 So Fort Drum Day is an opportunity
2 for us to get to know the men and women who are
3 willing to do more to serve us and our country.
4 As General Mark Milley -- who has been nominated
5 to be our next chairman of the Joint Chiefs of
6 Staff in Washington, and who was the very first
7 commander to join us here in celebrating
8 Fort Drum Day in Albany -- put it: It is very
9 important that you, the representatives of the
10 people, maintain close contact to we, the
11 people's Army. That's what Fort Drum Day is all
12 about.
13 The soldiers who are joining us here
14 today are proud to tell you about their service,
15 eager to let you know how their training and hard
16 work makes them ready to stand and protect this
17 state and country. And today I'm especially
18 proud to introduce to you the first native
19 New Yorker to lead New York's Fort Drum and the
20 10th Mountain Division.
21 Major General Brian Mennes was
22 raised in the Buffalo area, in the Town of
23 Amherst. He is the 18th commanding general at
24 Fort Drum since the division was reactivated in
25 1984, and the 10th to also be a graduate of the
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1 United States Military Academy at West Point. So
2 in a number of ways, his posting at Fort Drum
3 marks a homecoming.
4 General Mennes' service has taken
5 him across the globe. He has deployed a total of
6 nine times -- to Panama, the Sinai Desert, South
7 Korea, and multiple times to Afghanistan and
8 Iraq.
9 General Mennes, we know you bring
10 with you the experience, knowledge, and
11 commitment that will uphold the honor and
12 traditions of Fort Drum, the 10th Mountain
13 Division, and the United States Army. Thank you
14 for coming here today. Thank you for your
15 leadership, dedication and service to our
16 country.
17 And before we hear from you, we just
18 want to take a moment to acknowledge the family
19 members who are here in our gallery today, along
20 with the many community groups that help support
21 our military families. I also want to
22 acknowledge Senator Jim Wright, who was my
23 predecessor here in the Senate, along with
24 Scott Gray, who is the chairman of the
25 Jefferson County Legislature.
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1 And in closing, I would just like to
2 thank all my colleagues for your support that
3 you've shown to our courageous men and women of
4 the 10th Mountain Division.
5 Thank you, Mr. President.
6 ACTING PRESIDENT BENJAMIN:
7 Senators and ladies and gentlemen, it is my honor
8 to introduce to you the commanding general of the
9 10th Mountain Division and Fort Drum, Major
10 General Brian Mennes.
11 (Standing ovation.)
12 MAJOR GENERAL MENNES: Thank you.
13 Thank you very much for your warm welcome.
14 I'm humbled to be in your presence
15 and first want to thank Leader Stewart-Cousins.
16 It was a wonderful opportunity to meet you this
17 morning, opening your office to us and spending
18 some quality time. I really appreciate that.
19 Leader Flanagan, for also sponsoring this. And
20 of course Senators Ritchie and Brooks for making
21 this happen logistically, and all the great
22 supporters of this event. It's been awesome.
23 So on behalf of Sergeant Major Jason
24 Roark and the 17,000 troopers of our division,
25 thank you for honoring us in this way.
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1 I'm proud to stand in front of you,
2 as mentioned, as a Buffalo native and also a son
3 of a second-generation immigrant on my dad's
4 side, and a third-generation immigrant on my
5 mom's side.
6 I'm also pleased to have this
7 opportunity to visit this State Capitol for the
8 first time since 1983, when I came here with my
9 high school boys select choir from Sweet Home
10 High. And that was my first visit, in the
11 winter, I think opening your sessions then in
12 1984. But it's been a while, and I'm really
13 happy to be back.
14 But I'm your 10th Mountain Division
15 commander. I'm happy to share that I believe I
16 have, probably next to Jason, the best job in
17 this country. I primarily believe that because
18 you allowed me to care for your sons and
19 daughters, to train and lead them in the effort
20 to defend this great nation and all she stands
21 for.
22 I think it's important to recognize
23 our division not just for what we've done and
24 what we hope we will do, but because we are a
25 part of a unique American institution, really a
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1 world institution, called the United States Army.
2 This organization exists to defend
3 the ideals of freedom set down in one of the most
4 powerful documents ever written by men and
5 mankind, the Constitution of the United States.
6 Each of the members of this team swear an
7 allegiance which is different than most armed
8 forces around the globe. We share an oath not to
9 a king or a president, a national leader or a
10 flag; our soldiers take an oath to support and
11 defend the principles outlined in that document,
12 that we would give our lives in the defense of
13 those inalienable rights that Jefferson thought
14 were the essence of why government should exist.
15 We stand to defend the ideals of freedom,
16 liberty, pursuit of happiness for all mankind.
17 Also unique about us as an armed
18 force is we do it with an all-volunteer force
19 because of the support we get from you and this
20 great nation.
21 So it's important to honor those
22 volunteers, the people in our Army who serve and
23 who have served for generations, who stood up for
24 the rights of others, like Senators Ortt, Sanders
25 and Brooks, and Assemblymembers Blankenbush and
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1 Walczyk, who are here with us today.
2 I feel, as I suggested, it's also a
3 great job because people like Elizabeth Little
4 send me, as she has done, their children to
5 serve. They send me their most precious
6 possession, their sons and daughters. And I get
7 a great privilege to lead those American
8 treasures every day in defense of this country.
9 Some of those American treasures are
10 sitting right here from the great State of
11 New York. I'm going to introduce some of them to
12 you. And if they could stand while I introduce
13 them.
14 I get to lead folks from Bronx -- we
15 have two natives from Bronx today. One is a
16 first-generation servicemember from Guiana. His
17 name is Sam -- we call him AJ -- but
18 Agyei-Darboh. There he is, folks.
19 (Applause.)
20 MAJOR GENERAL MENNES: I'm going to
21 ask you to hold your applause to the end.
22 (Laughter.)
23 MAJOR GENERAL MENNES: The next one
24 is PFC Felix Severino from the Dominican
25 Republic, who was sent here by his grandmother
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1 when he was two, and grew up also in Bronx,
2 New York.
3 Lakewood --
4 (Applause.)
5 MAJOR GENERAL MENNES: Yes, it's
6 hard not to --
7 (Applause.)
8 MAJOR GENERAL MENNES: A Lakewood
9 native, second lieutenant, recent Ranger School
10 graduate, Sam Quattrone. And his parents are up
11 there.
12 (Applause.)
13 MAJOR GENERAL MENNES: Our division
14 command sergeant major is Driver Jesse Lee from
15 Undilla --
16 SERGEANT MAJOR LEE: Unadilla.
17 MAJOR GENERAL MENNES: Unadilla.
18 (Laughter.)
19 MAJOR GENERAL MENNES: New York
20 native.
21 (Applause.)
22 MAJOR GENERAL MENNES: Captain Sean
23 Robishaw, who's a logistician, and he's from
24 Highland.
25 (Applause.)
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1 MAJOR GENERAL MENNES: An Army
2 brat, PFC Chris Baker, from Carthage, whose
3 military family had him in the Army since he was
4 born, and he has joined hoping to satisfy his
5 father in hopes that his father will be pleased
6 with his service. But there he is, Chris Baker.
7 (Applause.)
8 ACTING PRESIDENT BENJAMIN: John
9 Van Rensselaer is a first-generation intel
10 analyst. In his fifth-grade class, I understand
11 he was president in his elementary school --
12 right, fifth grade? From Elmira, New York.
13 (Applause.)
14 MAJOR GENERAL MENNES: And
15 commanding our Color Guard today, Master Sergeant
16 Dean Vernooy, from Downsville, who has 18 years
17 service and five combat deployments.
18 (Applause.)
19 MAJOR GENERAL MENNES: Lastly, with
20 us is Air Force Master Sergeant Patrick Naughton,
21 who I got a chance to serve with in Korea. He's
22 a fantastic young person from our 20th Air
23 Support Squadron who grew up in Eastchester,
24 New York.
25 (Applause.)
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1 MAJOR GENERAL MENNES: As I
2 mentioned, this division is filled with folks
3 like Quattrone and AJ, and they've been the most
4 deployed Army unit since 9/11, as mentioned
5 earlier. They've been in some of the fiercest
6 battles -- I got to witness them there with the
7 Joint Special Operations Command while they were
8 in Anaconda, and these battles join a large list
9 of things that this great division has done --
10 during World War II, at Riva Ridge and Po Valley,
11 to Mogadishu, Somalia, the catalog of 10th
12 Mountain's long military tradition.
13 Today we have about 2100 soldiers
14 deployed to five different countries. And we
15 continue to get after it. And in that dangerous
16 mission that we've gone back and forth in support
17 of this nation, unfortunately we've paid the
18 ultimate sacrifice 312 times. So 312 times,
19 receptions at home happen with some of our loved
20 ones left there. Although they came back, their
21 spirits were left as we tried to deliver freedom
22 to people we hardly knew. And that's the honor
23 that's displayed by these great troopers every
24 time we walked the battlefields in those foreign
25 nations.
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1 Soldiers like Travis Atkins you
2 heard about, who was in 2-14 Infantry. I got a
3 chance to meet his father during a recent
4 ceremony at the White House, who said that he
5 loved to fish, hunt and snowmobile, so he was
6 right at home at Fort Drum. But one June,
7 Travis's squad was conducting a route security
8 mission in Iraq when his team observed some
9 insurgents. Travis, as he always did, went in to
10 check on them and ended up searching them and
11 realizing those insurgents had explosives under
12 their clothes.
13 So Atkins, on his own, heroically
14 fought those folks to the ground, one in
15 particular, who had a suicide vest on. He tried
16 to subdue him, but in the hand-to-hand battle he
17 threw him away from his mates who were with him,
18 he wrapped himself around that insurgent and the
19 insurgent detonated that device, killing Travis.
20 For that selfless act, he was presented our Medal
21 of Honor.
22 As I said, the cost of freedom is
23 high, but in a community like ours, our men and
24 women in uniform, the soldiers on Fort Drum, find
25 comfort and inspiration by a community that
3691
1 supports us. And I have to say, on behalf of
2 this nation and our Army, we are terrifically
3 impressed that despite the politics and where the
4 nation is going, at all times you support us in a
5 manner that's fitting to Sergeant Atkins.
6 It's a friendly face at Fort Drum on
7 a cloudy winter day; it's that open door from a
8 neighbor; it's help from the next-door folks when
9 your kid's sick coming home from school; it's
10 great childcare at our local hospitals, great
11 schools that you provide with your tax dollars to
12 help welcome our children into their community at
13 those tender ages from about 12 to 18, where kids
14 are developing. It's that welcome feeling that
15 we get that gets us through those tough times,
16 those tough winters, those tough training events
17 and those tough deployments.
18 It's a special partnership that we
19 enjoy in the North Country, and we know it's
20 partially because of the attitude that's
21 demonstrated here in this great chamber and
22 exhibited by your leadership.
23 So on behalf of the 40,000 or so
24 soldiers, family members and civilians at
25 Fort Drum, we salute you for supporting us. And
3692
1 you make this a great place to live and to work
2 and to soldier, and partly why I think I have the
3 best job in America.
4 I'll close by saying in nearly
5 35 years of service to our country, I know
6 there's no -- Kellie and I know there's no better
7 place to serve than Fort Drum because of the
8 environment established by that community. And
9 we want to thank everyone for the work you do
10 every day to support us and Fort Drum.
11 So God bless this great nation. God
12 bless you and your efforts to righteously
13 administer the power you have. God bless the
14 Empire State and our great division.
15 Climb to glory!
16 (Extended standing ovation.)
17 ACTING PRESIDENT BENJAMIN: Senator
18 Kennedy on the resolution.
19 SENATOR KENNEDY: Thank you,
20 Mr. President.
21 First let me start by thanking our
22 leader, Senator Andrea Stewart-Cousins, for
23 bringing this to the floor, Senator Ritchie for
24 introducing this resolution.
25 To all of the servicemen and -women,
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1 thank you. Thank you for your service. Thank
2 you for joining us here today. It is such an
3 honor to be here in your presence.
4 Major General, those inspiring words
5 were so extraordinary. And to your point, you
6 talked about this being an awe-inspiring room and
7 chamber. Your words were awe-inspiring. We are
8 so honored to have you here in this amazing
9 chamber. You could simply tell by the words of
10 the major general, his heartfelt words, of how
11 important a job he has not just to those
12 underneath your command but to this state and to
13 this nation. We are the lucky ones to have you
14 commanding us.
15 The fact that you're a Buffalonian
16 means even more --
17 (Laughter.)
18 SENATOR KENNEDY: -- especially for
19 us from Buffalo. We know what you're bringing to
20 the table. We know that the City of Good
21 Neighbors is well represented.
22 We know that in your words talking
23 about what you're bringing to the table under
24 your command is one that is unselfish, one that
25 puts others before yourself, and one that will
3694
1 certainly help to lead this amazing group of
2 volunteers. To help our state and our nation
3 continue to act as a beacon of hope and strength
4 across the globe, we are truly grateful for your
5 service.
6 Major General, to your wife Kellie,
7 to your three children, Ashley, Haley and Jake,
8 we thank you, we thank them. And once again, to
9 each and every one of you, for putting on that
10 uniform, for putting our country first before
11 everything else, we honor you here today. Thank
12 you for your service and your sacrifice.
13 And I hope, Major General, that your
14 servicemembers listen better than our colleagues
15 listen to your orders of us to stand down on
16 their applause --
17 (Laughter.)
18 SENATOR KENNEDY: -- when they are
19 listening to your orders.
20 But truly, we are honored to be here
21 in your presence. Thank you.
22 Go Bills, go Sabres, go Army! God
23 bless America. Thank you.
24 (Applause.)
25 ACTING PRESIDENT BENJAMIN: Senator
3695
1 Amedore on the resolution.
2 SENATOR AMEDORE: Thank you,
3 Mr. President.
4 I want to thank Leader Andrea
5 Stewart-Cousins for bringing this to the floor,
6 and for Senator Brooks and obviously my colleague
7 Senator Ritchie; I know how important this is for
8 her home district.
9 And, you know, it's an honor for me
10 to be here to listen to and to hear the words of
11 a great major general to inspire all of us.
12 I join with my colleagues in
13 expressing my appreciation for all of the
14 sacrifice and hard work and dedication that you
15 all have to this great state but also to this
16 nation, for your unwavering commitment, for your
17 fearless acts, and for your love of our great
18 Constitution.
19 I'm particularly proud to introduce
20 and welcome one of my constituents, as Major
21 General Mennes mentioned already, Captain Sean
22 Robishaw, from Highland.
23 To all of you, we owe a great debt
24 of -- a tremendous debt of gratitude, and each of
25 you for all of your service that you continue to
3696
1 do. You weren't asked to do it, you wanted to do
2 it, and we all say thank you for that. May God
3 continue to bless you and protect you.
4 Thank you, Mr. President.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Ranzenhofer on the resolution.
7 SENATOR RANZENHOFER: Thank you,
8 Mr. President.
9 I also would like to rise today and
10 thank Senator Brooks for introducing this
11 resolution today, and my colleague Senator
12 Ritchie, who has sponsored this event the eight
13 previous years.
14 You know, every year we welcome
15 soldiers from Fort Drum into our chamber. And
16 Major General, welcome back to Albany. It's been
17 too long, but welcome back. We're very happy to
18 have you here today.
19 So every year we get the list of
20 people that are coming, and every year -- this is
21 my 11th year -- I'm a little disappointed because
22 I've never had a soldier from my district who
23 has been here at Fort Drum Day.
24 So this year I get the information
25 and I get the list, and I'm very excited that
3697
1 there was a soldier from my district here, coming
2 to Albany from Fort Drum. And I look at the
3 picture, and I say, okay, you know, this is one
4 of the soldiers. And then I start reading a
5 little bit about it -- and you can see, as the
6 major general was standing at the podium today,
7 that he looks no older than when he graduated
8 from West Point. So I thought you were one of
9 the soldiers that had just recently graduated and
10 are here today.
11 And I hope for me, and maybe for all
12 of us, that we are as well-preserved 31 years
13 later after graduating from high school.
14 (Laughter.)
15 SENATOR RANZENHOFER: So I could
16 tell from the tone, from not only your words but
17 from the tone and the emotion in your voice, of
18 the humility and the care that you have for the
19 men and women that have been entrusted to your
20 command.
21 This is not just a profession for
22 you, but I think this is a life of love and hard
23 work which is clearly reflected not only in your
24 comments that were made from the podium, but
25 during the several times that I had to speak with
3698
1 you today when we were downstairs in the lobby
2 and then when we were at the luncheon.
3 I get that sense that this is very,
4 very meaningful to you and the care and the
5 emotion that you feel when you're talking about
6 the men and women that have been entrusted by the
7 parents to your care.
8 Now, one of the things I just wanted
9 to mention is my good colleague and friend
10 Senator Kennedy talked about you being a
11 Buffalonian. But for the record, I would just
12 like to say that truly you are an Amherstonian,
13 because you hail from the Town of Amherst in my
14 district. And you're a graduate of Sweet Home
15 High School, 1984, and that makes you a Panther.
16 And I know you're a Bills fan, I know you're a
17 Sabres fan. I know about the "go Army, beat
18 Navy." But at heart, it's really about "go
19 Panthers."
20 Now, one of the things that you have
21 not said, and I know that at least in my humble
22 opinion, you are far too humble to talk about
23 yourself. But I did want to mention and share
24 with my colleagues that in the information that I
25 have, and there was a very nice article written
3699
1 about you in the Buffalo News about a year ago,
2 that you've had eight war zones deployments, five
3 in Afghanistan and three in Iraq, 31 years of
4 service, five Bronze Stars, Combat Infantryman
5 badge, Ranger Tab, five Legion of Merit awards,
6 Meritorious Service Medal, Air Assault Badge, and
7 Master Parachute Badge.
8 We would never hear those words
9 coming out of your mouth, from your lips, and
10 that's why I wanted to say that for the record,
11 because your record of accomplishment, record of
12 achievement is second to none.
13 And the humility that goes along
14 with that was also reflected in some of the
15 research I was doing as I was reading through
16 this article, when, after the terrorist attacks
17 on 9/11 -- at that time you were a major, you
18 were serving at Fort Bragg, and you indicate that
19 the general comes down and says, "Brian, I need
20 you to go down to the intel shop and share and
21 help us pick out a target for Afghanistan." And
22 your comments were, "Hey, boss, are you sure you
23 have the right guy? I'm just a lacrosse player
24 from Buffalo."
25 And I think that down deep, that
3700
1 truly reflects the individual that you are, the
2 type of presence that you portray and that I
3 think you try to share with the men and women
4 that you command, is that it's not just enough to
5 be brave, it's not just enough to be strong --
6 and we talked about the men that were grappling
7 on the mats for like two and a half hours. You
8 know, that's what they do, that's the way they
9 train, and to them it was nothing. I got tired
10 just watching them for about five minutes.
11 But the fact is that, you know, this
12 is really -- this is really what it's all about.
13 And the attention that you deflect from yourself
14 to put on the men that have to wear the uniform
15 and go out and defend our country and keep us
16 from harm's way, so that we can share and we can
17 enjoy the liberties and the privileges that we
18 have today.
19 So in closing, again, I'd like to
20 welcome you back to Albany. Hopefully it won't
21 be another, what was it, however many years --
22 31 years since you graduated from high school
23 that you came back. If we're lucky, maybe we'll
24 get to hear some of those choral pursuits and
25 talents that you have. You're shaking your head
3701
1 on that -- probably not so much.
2 But anyway, in closing, I would just
3 like to share with my colleagues the member,
4 after 11 years, from my hometown, from Amherst,
5 1984 Sweet Home grad, Panther, Major General
6 Mennes.
7 Thank you, sir.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Ortt on the resolution.
10 SENATOR ORTT: Thank you,
11 Mr. President.
12 I too will thank Senator Brooks,
13 Leader Cousins for bringing this resolution and
14 continuing this long tradition, which I think is
15 very important.
16 I want to thank Senator Ritchie. We
17 had West Point Day a couple of weeks ago, and I
18 remember I remarked that Senator Skoufis
19 certainly would feel a lot of pride that
20 West Point is in his district. Just like Senator
21 Ritchie feels an immense amount of pride that
22 Fort Drum is in her district.
23 She is so proud of all of you, and
24 she is so proud that Fort Drum sits in her
25 district. And she is a great, great advocate for
3702
1 Fort Drum here in the Senate, and I know that
2 will continue. So I want to thank Senator
3 Ritchie for her support over the years.
4 So I just want to say two things.
5 One, a couple of weeks ago when we had the
6 West Point cadets here, I wanted to remind
7 everyone that the mission of West Point is to
8 train the future leaders of the United States
9 Army. And you just heard from one of those
10 leaders, and you saw the product of what
11 West Point can produce for this country.
12 And I think it should fill us all
13 with a great amount of pride that the general is
14 leading young men and women from Fort Drum into
15 America's battlefields. So that's a great -- to
16 me, a great connection between West Point Day and
17 today.
18 So General, thank you for your
19 words, for your leadership, and for your
20 continued service to our country and to the
21 United States Army.
22 I would also just add that it should
23 fill everyone in this room with an unbelievable
24 amount of pride that the most deployed unit in
25 the United States Army trains and prepares for
3703
1 those deployments right here in New York State.
2 So when the United States goes into combat, it's
3 the 10th Mountain that's going into combat. When
4 the United States is going into war, it's the
5 young men and women who are being trained in
6 upstate New York at Fort Drum that are leading
7 the battle.
8 The most deployed unit since
9 September 11, 2001, and they are trained and they
10 are ready for those battles right here in
11 New York State. To me, that fills me with an
12 unbelievable amount of pride as a New Yorker and
13 as a veteran myself.
14 And so it's great that we are here
15 today to honor them, to honor that service. And
16 I know, General, when you talked about the
17 300-plus soldiers from the 10th Mountain that
18 have given their life since 9/11, I am sure you
19 feel that loss of all those every single day, but
20 you carry their legacy forward and you make sure
21 that they did not die for nothing. So thank you
22 very much for your service.
23 Mr. President, thank you very much
24 for your indulgence.
25 ACTING PRESIDENT BENJAMIN: Senator
3704
1 Rivera on the resolution.
2 SENATOR RIVERA: Thank you,
3 Mr. President.
4 Like Senator Ranzenhofer, I have
5 been here for about -- this is your ninth year?
6 My ninth year as well. I believe we got elected
7 the same time. No, you were here before me?
8 After me? It does not matter.
9 (Laughter.)
10 SENATOR RIVERA: In the time that
11 I've been here -- I have been here for Fort Drum
12 Day nine years in a row -- and I have never had a
13 Bronxite in the cadet corps.
14 And I believe, if the two Bronxites
15 could please stand up -- the gentleman is right
16 there in the corner. I want to make sure that
17 these two folks stand up, because that's the
18 reason, by the way, sir, the resolution that we
19 applauded each and every single one is because I
20 just got excited when I heard the Bronxites are
21 here.
22 (Laughter.)
23 SENATOR RIVERA: And I just had to
24 throw up my X's, I had to make the applause, and
25 so I kind of started a trend.
3705
1 Thank you, gentlemen, for your
2 service. Thank you, each and every one of you,
3 men and women, for the service that you render
4 us. I am incredibly proud to welcome you here
5 today and incredibly proud to see you. Hopefully
6 I'll see you back home -- I believe at least one
7 of you lives in my district, so I hope to see you
8 in my office one of these days.
9 But overall, just thank you for
10 everything that you do for us. Thank you for
11 your service. Thank you for coming up here
12 today. Welcome to the New York State Senate.
13 Thank you, Mr. President.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Akshar on the resolution.
16 SENATOR AKSHAR: Mr. President,
17 thank you very much for your indulgence.
18 I too, Major General, wish to
19 welcome you and all those under your command. I
20 want to thank Senator Brooks.
21 But I rise for a very specific
22 purpose, Mr. President, to thank and congratulate
23 Senator Ritchie for another great Fort Drum Day.
24 I want the people of Fort Drum to
25 know that Senator Ritchie proudly carries the
3706
1 message of Fort Drum every single day that she's
2 here in Albany. And I know she does the same
3 when she's back at home. It is incredibly
4 important that everybody in this body that sits
5 at these desks understand what the men and women
6 of Fort Drum do every single day.
7 Senator Ritchie, as you all know, is
8 an amazing representative for the people of the
9 North Country. But more importantly, she is an
10 amazing representative for the people of
11 Fort Drum. She loves it, she lives it, she
12 breathes it, and I think most importantly,
13 Senator Ritchie does that with grace and with
14 class.
15 Senator Ritchie, thank you for your
16 grace, thank you for your class, and thank you
17 for ensuring that all of us, regardless of our
18 political persuasion, recognize, understand and
19 acknowledge the importance of what the men and
20 women at Fort Drum do.
21 Thank you, Mr. President.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Bailey on the resolution.
24 SENATOR BAILEY: Thank you,
25 Mr. President.
3707
1 Senator Brooks, thank you so much
2 for your leadership and your words earlier.
3 Senator Ritchie, thank you for your
4 excellent representation, as always, on Fort Drum
5 Day.
6 Leader Stewart-Cousins, thank you
7 for once again showing leadership by bringing
8 this to the floor and showing such deference and
9 respect to our men and women in uniform.
10 Major General Mennes, that was an
11 incredibly moving speech. What touched me was
12 the emotion that you showed when you spoke about
13 leadership and what leadership truly means. And
14 it's something that we often talk about, but you
15 really embodied it when you said that leadership
16 is really about serving those that you'll never
17 meet.
18 And I was looking up what your
19 command would be and what a major general does.
20 And 10,000 to 16,000 soldiers you are tasked with
21 the duty of leading. We have staffs of sometimes
22 10, and sometimes legislators have difficulties
23 herding cats, as they say. And you get to lead
24 10,000 to 16,000 men and women who put their
25 lives on the line every day. That is something
3708
1 that I truly appreciate from what you're doing.
2 And to the residents from the Bronx,
3 you know, I have to say something about the
4 borough as well. I'm happy to see individuals
5 from the Bronx serving our country in so many
6 different capacities. It is welcome to see from
7 such a diverse borough, 1.4 million residents,
8 that we have people going across the world to
9 save lives and protect the interests of all the
10 of the American people, from the Bronx to Broome
11 County.
12 So, Mr. President, thank you for
13 allowing me to speak on the resolution. And God
14 bless you, and thank you for your service.
15 ACTING PRESIDENT BENJAMIN: Senator
16 O'Mara on the resolution.
17 SENATOR O'MARA: Thank you,
18 Mr. President.
19 It's my honor to rise today and
20 again welcome Fort Drum here to the New York
21 State Senate.
22 Just as Senator Ritchie is proud to
23 represent the district that is the home of
24 Fort Drum, I am proud and I believe every member
25 of this body is proud that New York State is the
3709
1 home of Fort Drum and, in particular, the 10th
2 Mountain Division.
3 I just want to say thank you for all
4 that you do protecting all of us around the
5 world. As the most deployed of the U.S. Army,
6 it's an honor to have you here with us today.
7 I also have the privilege of
8 recognizing, from the 58th Senate District,
9 Specialist John Van Rensselaer IV, who is here
10 with us today and has been announced already, but
11 also his father John, I presume the III, is in
12 the balcony with us today. So I welcome the Van
13 Rensselaers from Elmira with us here today.
14 Thank you.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Antonacci on the resolution.
17 SENATOR ANTONACCI: Thank you,
18 Mr. President.
19 I share a line with Senator Ritchie,
20 I'm just south of your base in Syracuse,
21 New York, but I know how important Fort Drum is
22 to the entire upstate region. So thank you for
23 everything you do.
24 And I know that you mentioned in
25 remarks in our conference as well as in your
3710
1 presentation today about how the schools have
2 helped you. I want to tell you how important
3 your kids, the kids of your servicemembers, their
4 families, how important they are to
5 interscholastic athletics.
6 As a high school boys basketball
7 official, I've reffed many, many games with
8 Indian River or Carthage or Watertown, and I know
9 that your kids have had tremendous influence in
10 the North Country, so thank you very much for
11 that.
12 Also I want to make sure you know at
13 the New York State Fair, I'm an advisor to the
14 Eagle Association, and we have Veterans Day at
15 the fair the second Thursday of every New York
16 State Fair. And I want to thank the Governor and
17 his staff for the memorials that are in front of
18 the Horticulture Building, and we have a specific
19 designated section for the 10th Mountain
20 Division.
21 So again, thank you for your
22 service.
23 Thank you, Mr. President.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Seward on the resolution.
3711
1 SENATOR SEWARD: Thank you,
2 Mr. President. I too feel compelled to stand and
3 to welcome our representatives of Fort Drum who
4 are with us today.
5 And I want to thank Leader
6 Stewart-Cousins, Senator Brooks and especially
7 Senator Ritchie, who started Fort Drum Day here
8 in the State Senate. And I thank the current
9 leadership for continuing with this great
10 tradition.
11 You know, I too was struck by the
12 major general's comments here today -- the
13 emotion that you clearly showed, and the pride
14 and concern that you have for those under your
15 command. It was a very humanizing talk that you
16 gave here today on some very, very serious
17 business.
18 The 10th Mountain Division, the most
19 deployed of any time. When there's trouble in
20 the world, you get deployed. And for that we
21 collectively say thank you to everyone associated
22 with the 10th Mountain Division and Fort Drum.
23 And in addition to being great
24 protectors of this great country of ours,
25 Senator Ritchie reports to me that Fort Drum is a
3712
1 big part of the economy of the North Country, and
2 we thank you for that as well.
3 And I'd just like to give a special
4 shout out to Sergeant Jesse Lee from Unadilla.
5 Unadilla is a small town in Otsego County, my
6 home county. It's a great little village, it's a
7 slice of Americana. And we are so proud to have
8 Sergeant Lee as part of the 10th Mountain
9 Division serving us up at Fort Drum. You are
10 protecting the American way of life that is so
11 well reflected in your hometown of Undilla.
12 So for that, Mr. President, I say
13 thank you to all those associated with Fort Drum.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Andrea Stewart-Cousins on the resolution.
16 SENATOR STEWART-COUSINS: Thank you
17 so much, Mr. President.
18 I rise to really thank the -- first
19 of all, let me thank Senator Brooks and Senator
20 Ritchie for collaborating with this.
21 People have thanked me for bringing
22 the wonderful, wonderful Fort Drum contingent
23 here, and it is we who obviously thank you. We
24 thank you for what you've done, we thank you for
25 what you continue to do, we thank you for the
3713
1 pride that you bring to each and every one of us,
2 the sacrifice that you continue, selflessly, on
3 our behalf so that we can be here and stand up
4 and say what we say.
5 And regardless of what we say, you
6 do exactly what you do: Protect our freedoms,
7 protect the great nation and its ideals. And you
8 make us so proud every day.
9 It is an honor to be able to
10 continue a tradition that, quite honestly, we are
11 privileged to be able to represent.
12 And once again, thank you. Please
13 don't be a stranger. I know the major general is
14 back -- and you said only 10 days you've been
15 back in New York. So this is really his big
16 official welcome back to this great, great state.
17 And we want to thank you.
18 And I think we should all applaud
19 and give him a New York welcome, and all of the
20 New Yorkers that came from Fort Drum.
21 Thank you.
22 (Lengthy standing ovation.)
23 ACTING PRESIDENT BENJAMIN: The
24 resolution was previously adopted on April 30th.
25 Senator Gianaris.
3714
1 SENATOR GIANARIS: Mr. President, I
2 know that Senator Brooks, as the sponsor, would
3 like that resolution opened for cosponsorship.
4 ACTING PRESIDENT BENJAMIN: The
5 resolution is open for cosponsorship. Should you
6 choose not to be a cosponsor of the resolution,
7 please notify the desk.
8 Senator Gianaris.
9 SENATOR GIANARIS: Can we now take
10 up previously adopted Resolution 1352, by
11 Senator Krueger, read that resolution in its
12 entirety, and recognize Senator Krueger.
13 ACTING PRESIDENT BENJAMIN: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 1352, by Senator Krueger, memorializing Governor
17 Andrew M. Cuomo to proclaim May 14, 2019, as
18 Domestic Violence Awareness and Prevention Day in
19 the State of New York.
20 "WHEREAS, As part of executing its
21 mission, the New York State Coalition Against
22 Domestic Violence seeks to eradicate domestic
23 violence and to ensure the provision of effective
24 and appropriate services to victims of domestic
25 violence through community outreach, education,
3715
1 training, technical assistance and policy
2 development; and
3 "WHEREAS, The coalition's principles
4 and practices prioritize the safety and concerns
5 of victims who are abused, provide support and
6 encouragement for the participation of victims
7 who are abused in the struggle to eradicate
8 personal and institutional violence against
9 them, and provide for a noncompetitive atmosphere
10 that fosters open communication, respect, and
11 cooperation among advocates and victims who are
12 abused; and
13 "WHEREAS, Domestic violence consists
14 of abusive and coercive behaviors that one person
15 uses to establish and maintain power and control
16 over another person in a relationship; and
17 "WHEREAS, Domestic violence can
18 happen to anyone, and does happen to people of
19 every age, race, gender, sexual orientation,
20 income and occupation; and
21 "WHEREAS, Approximately one in four
22 women and one in seven men in the United States
23 aged 18 and older will experience severe physical
24 domestic violence at some point in their
25 lifetime; and
3716
1 "WHEREAS, 24 people per minute are
2 victims of rape, physical violence or stalking by
3 an intimate partner in the United States -- more
4 than 12 million women and men over the course of
5 a year; and
6 "WHEREAS, Domestic violence victims
7 experience a host of health and mental
8 health-related consequences at far greater rates
9 than their counterparts who have not been abused;
10 and
11 "WHEREAS, For the fourth year in a
12 row, New York State has the greatest demand for
13 domestic violence support services in the
14 country, with approximately 7,000 survivors
15 requesting services on just one day in 2018; and
16 "WHEREAS, The New York State Office
17 of Children and Family Services reported that
18 over 53,000 survivors of domestic violence and
19 their children received services from
20 residential, nonresidential, and transitional
21 housing programs licensed by OCFS, and more than
22 213,000 hotline calls were received by domestic
23 violence programs across the state in 2018; and
24 "WHEREAS, The economic burden of
25 domestic violence in the United States is over
3717
1 $8.3 billion per year in direct medical costs and
2 loss of productivity; and
3 "WHEREAS, 15.5 million children in
4 the United States live in families in which
5 domestic violence occurred at least once in the
6 past year, and children who witness domestic
7 violence suffer many adverse outcomes during
8 their childhood that can extend into their adult
9 years, including chronic disease, substance use
10 and chemical dependency, dropping out of school,
11 and employment and relationship challenges; and
12 "WHEREAS, According to the New York
13 State Division of Criminal Justice Services,
14 there were 59 domestic homicides in New York
15 State in 2017; and
16 "WHEREAS, The cost of a single
17 homicide can range over $17.25 million when
18 considering medical care costs, lost future
19 earnings, public program costs, property damage
20 and losses, and quality of life losses; and
21 "WHEREAS, Only approximately
22 one-quarter of all physical assaults, one-fifth
23 of all rapes, and one-half of all stalking
24 incidents perpetrated against women by intimate
25 partners are reported to the police; and
3718
1 "WHEREAS, Public health research has
2 shown that the use of prevention strategies at
3 multiple levels, from individual to communal to
4 societal, will lead to lasting social change; and
5 "WHEREAS, Prevention addresses the
6 root causes and conditions that make domestic
7 violence possible, and primary prevention is
8 focused on establishing gender equality,
9 cultivating healthy relationships, and changing
10 culture to stop domestic violence before it
11 starts; and
12 "WHEREAS, Primary prevention
13 education and awareness campaigns have the
14 potential to not only increase identification of
15 domestic violence and the appropriate response
16 from helping professionals and the public, but
17 when used in a primary prevention framework, can
18 also act as a catalyst to change social and
19 community norms to promote healthy and equitable
20 behavior; now, therefore, be it
21 "RESOLVED, That this Legislative
22 Body pause in its deliberations to memorialize
23 Governor Andrew M. Cuomo to proclaim May 14,
24 2019, as Domestic Violence Awareness and
25 Prevention Day in the State of New York; and be
3719
1 it further
2 "RESOLVED, That copies of this
3 resolution, suitably engrossed, be transmitted to
4 the Honorable Andrew M. Cuomo, Governor of the
5 State of New York, and the New York State
6 Coalition Against Domestic Violence."
7 ACTING PRESIDENT BENJAMIN: Senator
8 Krueger on the resolution.
9 SENATOR KRUEGER: Thank you,
10 Mr. President.
11 I want to thank and recognize a
12 group of representatives from the domestic
13 violence community who are here with us today on
14 the floor of the Senate: Connie Neal, Joan
15 Gerhardt, Lorien Castelle, Shelle Hamil, Jane Ni,
16 Nasim Sarabandi, Jennifer Clark, Christina Romeo,
17 Fran Bialy, and Kelly Coyne.
18 If you would all stand up so that we
19 can recognize you and the amazing work that you
20 do for us and the people of New York State every
21 day.
22 Mr. President, we just heard the
23 resolution read. I just want to reemphasize one
24 set of numbers. Here in New York State, 35,000
25 survivors of domestic violence and their children
3720
1 received services from residential,
2 nonresidential, and transitional housing programs
3 last year, and more than 213,000 hotline calls
4 were received by domestic violence programs
5 across the state in 2018.
6 We talked about the men and women
7 from Fort Drum being our protectors of democracy
8 around the world and the protectors of our
9 society. But these representatives today also
10 are the protectors of our residents of our
11 society, and some of the most vulnerable people
12 in the State of New York.
13 And I know what they plead for is
14 more investment in prevention so that they have
15 fewer people they need to provide services to.
16 So hopefully as the state commits to reevaluate
17 our entire model of how we provide domestic
18 violence services, we will remember through this
19 memorialization today the importance of
20 refocusing our efforts on prevention, which
21 starts with the youngest children, and every
22 family in New York State to know that they don't
23 have to find themselves in these positions.
24 So I want to recognize them, thank
25 them, and ask everyone to join you in offering
3721
1 them the appreciation of the house.
2 Thank you, Mr. President.
3 ACTING PRESIDENT BENJAMIN: To our
4 guests, I welcome you on behalf of the Senate.
5 We extend to you all the privileges and
6 courtesies of this house. Please be recognized
7 at this time.
8 (Standing ovation.)
9 ACTING PRESIDENT BENJAMIN: Senator
10 Helming on the resolution.
11 SENATOR HELMING: Thank you,
12 Mr. President.
13 Senator Krueger, thank you for this
14 resolution. And to those who are with us today,
15 thank you for your work, your advocacy, and thank
16 you for being brave enough to stand up.
17 I rise today in support of this
18 resolution and in support of domestic violence
19 victims. No one should have to endure the pain
20 and suffering that's associated with domestic
21 violence. As legislators, we should be doing
22 everything we possibly can to prevent domestic
23 violence and protect the innocent victims.
24 For the past eight years the
25 Domestic Violence Protection Act, also known as
3722
1 Brittany's Law, has passed the Senate with
2 bipartisan support. For those of you who may not
3 be familiar with this legislation, it creates a
4 registry for violent felons, similar to the
5 mandatory sex offender registry, allowing the
6 public to search for repeat violent offenders.
7 The registry would provide another tool to help
8 protect potential victims.
9 Today -- today should be the ninth
10 year we passed this much-needed legislation, but
11 sadly today, Domestic Violence Awareness and
12 Prevention Day, the majority has elected not to
13 bring this bill to the floor.
14 Brittany's Law is named after Dale
15 Driscoll's daughter. Dale and many other
16 supporters of Brittany's Law, are here to
17 advocate for the passage of this law.
18 Back in 2009, John Brown, shy two
19 weeks of completing his parole, stormed into
20 Dale's daughter's apartment and violently stabbed
21 her to death with a box cutter. When her
22 12-year-old granddaughter Brittany tried to stop
23 him and tried to save her mother, the
24 cold-blooded Brown killed her too.
25 Dale's daughter Helen never knew
3723
1 that Brown's violent history included throwing
2 his 7-week-old daughter against the wall. And he
3 had an additional parole violation that put him
4 back in prison.
5 The establishment of a registry
6 would allow the public to search for repeat
7 violent offenders. It's one way we can help
8 provide public safety and help protect women like
9 Helen and Brittany.
10 Another way for this body to help
11 support victims and avoid tragedies is to provide
12 state assistance and support for the construction
13 of domestic violence shelters. Do you know that
14 in New York State we have six counties without a
15 shelter? You may have remembered me mentioning
16 that during the budget time when I was begging
17 for money to be put into the budget for the
18 construction of these shelters.
19 Representatives from Safe Harbors of
20 the Finger Lakes are here today. The courageous,
21 determined, hardworking individuals behind this
22 organization have long made it a commitment and a
23 mission to build domestic violence shelters to
24 serve their coverage area, including Ontario,
25 Seneca, and Yates counties.
3724
1 Their mission took on even more
2 urgency this past summer when Lori McConnell, a
3 mother, a grandmother, and a friend to many of us
4 in Seneca County, was shot to death by her
5 abuser.
6 Although it was her abuser who made
7 the decision to pull the trigger and end Lori's
8 life, many have said that the system failed Lori
9 in a number of ways. You see, Lori's killer was
10 allowed to post bail on two separate occasions
11 when he was arrested in connection to her
12 abuse -- the second time, for violently
13 assaulting her and raping her. If Lori had
14 access to a shelter, who knows, she might be
15 alive today.
16 The truth is, domestic violence has
17 touched every community in this state, and too
18 many families like the McConnells and the
19 Driscolls know too intimately that parolees with
20 violent histories are dangerous. On top of
21 everything, today these families are struggling
22 to try and understand why the Senate Majority
23 passed legislation that could allow an early out
24 for the men who murdered their loved ones and
25 shattered their families.
3725
1 I support this resolution, but I
2 urge my colleagues to work together and do more
3 to prevent domestic violence and protect our
4 domestic violence victims. Let's pass Brittany's
5 Law, let's build safe shelters, let's hold
6 abusers responsible for their actions, and let's
7 show our victims that we really support them.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Antonacci on the resolution.
10 SENATOR ANTONACCI: Thank you,
11 Mr. President.
12 I want to thank Senator Krueger for
13 bringing this resolution.
14 One of my greatest moments in public
15 service is not necessarily being a New York State
16 Senator, it was being a three-year board member
17 of the Vera House of Central New York. I think
18 you know what that does -- comprehensive and
19 compassionate care to those suffering from
20 domestic violence, sexual abuse, and elder abuse.
21 It was a great time in my life to be on that
22 board.
23 I think today you're going to see
24 some very important legislation that will be a
25 tool to help you with survivors to do your job.
3726
1 I want to thank you for your service. I think
2 this is a great resolution.
3 Thank you, Mr. President.
4 ACTING PRESIDENT BENJAMIN: The
5 resolution was previously adopted on May 7th.
6 Senator Gianaris.
7 SENATOR GIANARIS: Mr. President,
8 can we now take up Resolution 1416, by
9 Senator Gaughran, read it in its entirety, and
10 recognize Senator Gaughran.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will read.
13 THE SECRETARY: Senate Resolution
14 1416, by Senator Gaughran, congratulating
15 Angel Athenas upon the occasion of winning four
16 Gold Medals in powerlifting at the 2019 Special
17 Olympic World Games on March 17, 2019.
18 "WHEREAS, It is the custom of this
19 Legislative Body to recognize and pay just
20 tribute to those citizens who embody the true
21 American spirit, demonstrating personal courage
22 and conviction in pursuit of athletic
23 achievement; and
24 "WHEREAS, Attendant to such concern,
25 and in full accord with its longstanding
3727
1 traditions, this Legislative Body is justly proud
2 to congratulate Angel Athenas upon the occasion
3 of winning four Gold Medals in powerlifting at
4 the 2019 Special Olympic World Games on Sunday,
5 March 17, 2019, in Abu Dhabi; and
6 "WHEREAS, Angel Athenas is a
7 record-breaking, four-time Gold Medal-winning,
8 2019 World Games Special Olympian; and
9 "WHEREAS, A resident of Huntington,
10 New York, Angel Athenas captured the Gold Medal
11 in deadlift, squat, bench press and overall
12 weightlifting; her largest lift was a deadlift of
13 292 pounds; and
14 "WHEREAS, Prior to her feats
15 overseas, Angel Athenas won four Gold Medals in
16 powerlifting at the 2018 United States Special
17 Olympics in Seattle, Washington; in addition,
18 she broke the women's deadlifting record at the
19 2018 New York Special Olympics in Albany,
20 New York; and
21 "WHEREAS, The athletic talent
22 displayed by Angel Athenas is due in great part
23 to the efforts of her coach and residential
24 director John Ponce, a skilled and inspirational
25 tutor, respected for his ability to develop
3728
1 potential into excellence; and
2 "WHEREAS, Born on November 7, 1984,
3 Angel Athenas is the daughter of Geri Athenas and
4 Bob Bennett; she currently lives in a FREE
5 residence and participates in the organization's
6 day services program in Old Bethpage; and
7 "WHEREAS, A true asset to her
8 community, Angel Athenas volunteers at
9 Saddle Rock Ranch, a local church, and an
10 assisted living home on Long Island; and
11 "WHEREAS, Through sports, Angel
12 Athenas developed the talent and confidence to
13 become a champion on the world stage; and
14 "WHEREAS, Overcoming much adversity,
15 Angel Athenas' positive attitude and tireless
16 dedication has inspired countless others to reach
17 their highest potential; and
18 "WHEREAS, It is the sense of this
19 Legislative Body to recognize and applaud the
20 achievements of its citizens who would elect to
21 challenge life with an uncommon spirit and
22 determination, demonstrating by example and
23 purposeful action that commitment to personal
24 goals is the wellspring of self-fulfillment and
25 triumph; now, therefore, be it
3729
1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to congratulate
3 Angel Athenas upon the occasion of winning four
4 Gold Medals in powerlifting at the 2019 Special
5 Olympic World Games on March 17, 2019; and be it
6 further
7 "RESOLVED, That a copy of this
8 resolution, suitably engrossed, be transmitted to
9 Angel Athenas."
10 ACTING PRESIDENT BENJAMIN: Senator
11 Gaughran on the resolution.
12 SENATOR GAUGHRAN: Thank you,
13 Mr. President.
14 It is indeed my honor today to
15 welcome to this Senate chamber one of clearly my
16 most famous constituents, Angel Athenas, along
17 with her family.
18 As was mentioned in the resolution,
19 she won four Gold Medals for powerlifting in the
20 2019 Special Olympic World Games. And if you can
21 see, she's also honored us by bringing those
22 medals with her today.
23 Angel's journey hasn't always been
24 easy, but she has really triumphed every step of
25 the way. She trains up to six days a week. She
3730
1 remains steadfast in her commitment to
2 powerlifting, but also in her commitment to also
3 serving and helping her community.
4 She has competed all over this
5 country and all over this world, and she has won
6 numerous other medals as well. She has
7 exemplified commitment and dedication,
8 persevering during perhaps some of the most
9 difficult times. She is such an inspiration to
10 all New Yorkers, and her record-breaking
11 achievements in Abu Dhabi make us all proud and
12 honored to have her join us here today.
13 Thank you, Mr. President.
14 (Standing ovation.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Boyle on the resolution.
17 SENATOR BOYLE: Thank you,
18 Mr. President. I too rise in support of this
19 resolution.
20 I thank Senator Gaughran.
21 I have the privilege of being
22 long-time family friends with Angel and her
23 family: Geri, Bob.
24 Years ago, as a member of the
25 Assembly, I got a call from a long-time friend,
3731
1 Geri, Angel's mom, who said that Angel was having
2 some struggles and if we could help get her into
3 a facility that could be supportive.
4 And Angel has overcome some
5 challenges and struggles from years ago. And
6 when you get that phone call in your office, know
7 that when a family is struggling and needs some
8 help and you want to get them to a supportive
9 organization like Family Residences and Essential
10 Enterprises, FREE, and many others around the
11 state, that one day you may be sitting here
12 congratulating that person who became a world
13 champion.
14 I speak in favor of the resolution.
15 (Applause.)
16 ACTING PRESIDENT BENJAMIN: The
17 question is on the resolution. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT BENJAMIN:
21 Opposed?
22 (No response.)
23 ACTING PRESIDENT BENJAMIN: The
24 resolution is adopted.
25 Senator Gianaris.
3732
1 SENATOR GIANARIS: Can we now move
2 to previously adopted Resolution 1058, by Senator
3 Serino, read its title only, and recognize
4 Senator Serino.
5 ACTING PRESIDENT BENJAMIN: The
6 Secretary will read.
7 THE SECRETARY: Senate Resolution
8 1058, by Senator Serino, congratulating the
9 Poughkeepsie High School Boys Basketball Team
10 upon the occasion of capturing the New York State
11 Public High School Athletic Association Class A
12 Championship.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Serino on the resolution.
15 SENATOR SERINO: Thank you,
16 Mr. President.
17 And I don't know if you noticed my
18 boys basketball team was here in the gallery, but
19 they had to leave. And actually a few of them
20 have to go to work, because they're high school
21 kids, but they help contribute to their
22 households. And quite a few of them today told
23 me how inspired they were by being here for
24 Fort Drum Day.
25 So if you would just bear with me
3733
1 for a minute, I'm going to read what I wanted to
2 express to them so that they'll be able to play,
3 because I am so proud of them.
4 I rise today to commend this amazing
5 group of young men who came together, along with
6 their coaches, to achieve something that we
7 haven't seen in the Pioneers community since
8 1995 -- a state championship. As you heard, back
9 in March this team, led by Head Coach Cody
10 Moffett, beat the previously undefeated Pittsford
11 Mendon 69 to 59 at the Floyd L. Maines Veterans
12 Memorial Arena in Binghamton, and our community
13 hasn't stopped celebrating since.
14 I want to give you a sense of what
15 an incredible team we have here with us today, so
16 I want to read an excerpt from Stevie Johnson,
17 who, in writing for the Poughkeepsie Journal upon
18 the win, said: "Cody Moffett sensed it early.
19 The first-year head coach stressed mental
20 toughness in preseason practices and preached
21 that if his Pioneers put in the effort and kept
22 their expectations high, anything was possible."
23 Well, only a few short months later,
24 this team came together to achieve every goal
25 they set for themselves, and we as a community
3734
1 couldn't be more proud.
2 Being almost 6 foot tall myself,
3 people tell me all the time that I missed my
4 calling to play basketball. And while I've never
5 played myself, I did have the opportunity a few
6 years ago to be a guest coach for the Marist
7 women's team. And that experience instilled in
8 me such a respect for the game and for all that
9 each of you go through to accomplish your goals.
10 Winning a state title is something
11 that I'm sure none of you will ever forget. The
12 lessons you have learned both on and off the
13 court are ones that can stay with you and help
14 guide you for the rest of your lives.
15 As you take in these moments, I
16 encourage you to keep Coach Moffett's lessons in
17 the forefront of your minds: Stay strong, stay
18 together, and maintain that mental toughness that
19 got you where you are today, because you can
20 accomplish anything you set your minds to.
21 Congratulations once again. We
22 cannot wait to see what's next for our
23 Poughkeepsie Pioneers.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: The
3735
1 resolution was previously adopted on April 9th.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 can we open for cosponsorship the resolutions
5 that we just addressed on the floor.
6 ACTING PRESIDENT BENJAMIN: These
7 resolutions are open for cosponsorship. Should
8 you choose not to be a cosponsor of the
9 resolutions, please notify the desk.
10 Senator Gianaris.
11 SENATOR GIANARIS: At this point,
12 Mr. President, there will be an immediate meeting
13 of the Rules Committee in Room 332.
14 ACTING PRESIDENT BENJAMIN: There
15 will be an immediate meeting of the Rules
16 Committee in Room 332.
17 SENATOR GIANARIS: The Senate
18 stands at ease.
19 ACTING PRESIDENT BENJAMIN: The
20 Senate stands at ease.
21 (Whereupon, the Senate stood at ease
22 at 4:28 p.m.)
23 (Whereupon, the Senate reconvened at
24 4:39 p.m.)
25 ACTING PRESIDENT BENJAMIN: The
3736
1 Senate will return to order.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 can we return to reports of standing committees.
5 I believe there's a report of the Rules Committee
6 at the desk.
7 ACTING PRESIDENT BENJAMIN: There
8 is a report of the Rules Committee at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator
11 Stewart-Cousins, from the Committee on Rules,
12 reports the following bills:
13 Senate Print 1040, by Senator
14 Persaud, an act to amend the Executive Law;
15 Senate Print 1243A, by Senator
16 Carlucci, an act to amend the Executive Law;
17 Senate Print 3450B, by Senator
18 Stavisky, an act to amend the Vehicle and Traffic
19 Law;
20 Senate Print 3557, by Senator
21 Kennedy, an act to amend the Vehicle and Traffic
22 Law;
23 Senate Print 3962A, by Senator
24 Salazar, an act to amend the Public Health Law;
25 Senate Print 4336, by Senator
3737
1 Carlucci, an act to amend the Vehicle and Traffic
2 Law;
3 Senate Print 4958, by Senator
4 Parker, an act to amend the Executive Law;
5 Senate Print 5228A, by Senator
6 Gounardes, an act to amend the Vehicle and
7 Traffic Law;
8 Senate Print 5443, by Senator
9 Persaud, an act to amend the Executive Law;
10 Senate Print 5444, by Senator
11 Salazar, an act to amend the Executive Law;
12 Senate Print 5622, by Senator
13 Kaminsky, an act to amend Chapter 330 of the Laws
14 of 2014; and
15 Senate Print 5685, by Senator
16 Brooks, an act to amend the Navigation Law.
17 All bills reported direct to third
18 reading.
19 SENATOR GIANARIS: I move to accept
20 the report of the Rules Committee.
21 ACTING PRESIDENT BENJAMIN: All in
22 favor of accepting the report of the
23 Rules Committee signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT BENJAMIN:
3738
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT BENJAMIN: The
4 Rules Committee report is accepted.
5 Senator Gianaris.
6 SENATOR GIANARIS: Can we now take
7 up the reading of the calendar.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will read.
10 There is a substitution at the desk.
11 The Secretary will read.
12 THE SECRETARY: On page 9, Senator
13 Parker moves to discharge, from the Committee on
14 Energy and Telecommunications, Assembly Bill
15 Number 5318 and substitute it for the identical
16 Senate Bill 2356, Third Reading Calendar 119.
17 ACTING PRESIDENT BENJAMIN: The
18 substitution is so ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 119, Assembly Print Number 5318, by
22 Assemblymember Rozic, an act to amend the
23 Public Service Law and the General Business Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
3739
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 141, Senate Print 2224B, by Senator Sanders, an
13 act to amend the Civil Practice Law and Rules.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
3740
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: On page 12, Senator
4 Kaplan moves to discharge, from the Committee on
5 Judiciary, Assembly Bill Number 1945 and
6 substitute it for the identical Senate Bill 2416,
7 Third Reading Calendar 186.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 186, Assembly Print Number 1945, by
13 Assemblymember Zebrowski, an act to amend the
14 Civil Practice Law and Rules.
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: Senator
23 Kaplan to explain her vote.
24 SENATOR KAPLAN: Thank you,
25 Mr. President.
3741
1 For far too long, survivors of
2 sexual assault and domestic violence have faced
3 significant barriers to justice in our legal
4 system.
5 These survivors have been repeatedly
6 revictimized by laws that don't take into
7 consideration the complicated decision one must
8 take before coming forward and speaking out about
9 abuse or breaking the cycle of violence.
10 I'm proud to sponsor this
11 legislation because it recognizes the difficult
12 situation faced by survivors and extends their
13 opportunity to seek the justice they deserve.
14 I'm also proud to be a cosponsor of today's full
15 package of legislation that will tear down
16 further barriers to justice.
17 I cast my vote in the affirmative.
18 Thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Kaplan to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
3742
1 226, Senate Print 2127, by Senator Little, an act
2 to amend the Executive Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 303, Senate Print 1868, by Senator Bailey, an act
17 to amend the Civil Practice Law and Rules.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
3743
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 303, those Senators voting in the
5 negative are Senators Akshar, Amedore, Gallivan,
6 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
7 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
8 Seward and Tedisco. Also Senator Boyle.
9 Ayes, 42. Nays, 17.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 336, Senate Print 2113, by Senator Sanders, an
14 act to amend the Education Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT BENJAMIN: The
3744
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 338, Senate Print 2283A, by Senator Sanders, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 340, Senate Print 2570, by Senator Bailey, an act
19 to amend the Real Property Tax Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
3745
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 471, Senate Print 2741A, by Senator Addabbo, an
9 act to amend the Education Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first of July.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 472, Senate Print 2930A, by Senator Brooks, an
24 act to amend the Real Property Tax Law.
25 ACTING PRESIDENT BENJAMIN: Read
3746
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the second of January.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 493, Senate Print 3647, by Senator Gounardes,
14 Concurrent Resolution of the Senate and Assembly
15 proposing an amendment to Section 6 of Article 5
16 of the Constitution.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll on the resolution.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
3747
1 498, Senate Print 5184, by Senator Mayer, an act
2 to amend the Education Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 585, Senate Print 4345, by Senator Martinez, an
17 act to amend the Penal Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
3748
1 Martinez to explain her vote.
2 SENATOR MARTINEZ: Good afternoon,
3 Mr. President. Thank you.
4 I rise today as the sponsor of this
5 bill which expands the definition of coercion in
6 our Penal Code to include the production and the
7 dissemination of imaging depicting a person's
8 sexual and intimate parts.
9 "Sextortion," as it is known, has
10 only included extortion when it's person to
11 person. And now that we live in a digital age,
12 people are now hiding behind their screens and
13 extorting people behind their computers.
14 We have seen cases on Long Island
15 and across the state where the perpetrator has
16 done this exact crime, where they're trying to
17 torment young women and children by threatening
18 them to produce images or use images against
19 them.
20 In Brooklyn, a man posed as a
21 teenager and extorted child pornography out of
22 young girls. On Long Island, a man extorted
23 30 women, and some of those victims were forced
24 to perform acts just to buy his silence.
25 This piece of legislation will now
3749
1 cover sextortion and make sure that those who are
2 committing these crimes are held accountable.
3 I would like to thank my colleagues
4 for taking these steps in protecting victims of
5 New York against such egregious acts as the ones
6 I just discussed. These types of crime have an
7 emotional, physical and mental impact on victims,
8 and it is our responsibility to protect them.
9 For this reason, I vote in the
10 affirmative.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Martinez to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 587, Assembly Print Number 2665A, substituted
19 earlier by Assemblymember Lavine, an act to amend
20 the Civil Rights law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
3750
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN: Senator
4 Hoylman to explain his vote.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 I will rise to thank my colleagues
8 for supporting this entire package that protects
9 the survivors of domestic violence.
10 This bill that I carry with
11 Assemblymember Lavine would create a new
12 Article 9 of the Civil Rights Law entitled "right
13 to call police and emergency assistance; victim
14 protections." And it's based on a simple but
15 important premise, Mr. President. No victim of
16 domestic violence should have to fear calling the
17 police.
18 Right now in New York State there
19 are municipalities from Brookhaven in Suffolk
20 County to Buffalo in Erie County that have passed
21 local ordinances that label certain properties as
22 nuisances based on, among other things, the
23 number of 911 calls or emergency responses at the
24 property, regardless of whether the tenant who
25 called 911 was a victim of a crime or called for
3751
1 medical assistance.
2 And the property, once it's labeled
3 as a nuisance, the owner may face fines or the
4 revocation of their permit unless they abate the
5 nuisance.
6 As we've seen countless times across
7 the state, when the nuisance to be abated is a
8 tenant who has called 911 due to being the victim
9 of domestic violence, landlords will move to
10 evict or threaten to evict the tenant, refuse to
11 renew their lease, or instruct them to stop
12 calling for help.
13 And you can imagine the predicament
14 that this puts victims of domestic violence in.
15 They are fearful of calling 911 when there's been
16 a domestic incident because they may be kicked
17 out of their homes.
18 And it's no better, actually, for
19 the landlords themselves, because the landlords
20 are also put in a position of not calling
21 emergency services. And the bill will now
22 protect landlords who respect and uphold tenants'
23 rights to call 911 by holding the landlords
24 harmless against an attempt by local government
25 to enforce a nuisance ordinance.
3752
1 I'd like to thank my colleague
2 across the aisle in particular, Senator Joe
3 Robach, for carrying this legislation for so
4 many years and pushing it forward in his
5 conference. I'd like to thank my leader for
6 actually getting it to the floor, Andrea
7 Stewart-Cousins, and the coalition of advocates
8 who worked tirelessly on this bill, including the
9 Empire Justice Center, the New York State
10 Coalition Against Domestic Violence, the New York
11 Civil Liberties Union, the ACLU Women's Rights
12 Project, and of course Assemblymember Charles
13 Lavine.
14 And this is definitely a bill,
15 Senator Robach, that you and I can agree on.
16 I vote aye, Mr. President.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Hoylman to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 587, those Senators voting in the
22 negative: Senator Ortt.
23 Ayes, 58. Nays, 1.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
3753
1 THE SECRETARY: Calendar Number
2 613, Senate Print 257, by Senator Kennedy, an act
3 to amend the Election Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 There's a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: On page 36, Senator
20 Savino moves to discharge, from the Committee on
21 Elections, Assembly Bill Number 219A and
22 substitute it for the identical Senate Bill
23 3232A, Third Reading Calendar 615.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
3754
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 615, Assembly Print 219A, by Assemblymember
4 Paulin, an act to amend the Election Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 Senator Gianaris, that completes the
18 reading of today's calendar.
19 SENATOR GIANARIS: Mr. President,
20 can we now take up the reading of the
21 supplemental calendar.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 675, Senate Print 1040, by Senator Persaud, an
3755
1 act to amend the Executive Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 676, Senate Print 1243A, by Senator Carlucci, an
17 act to amend the Executive Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
3756
1 ACTING PRESIDENT BENJAMIN: Senator
2 Carlucci to explain his vote.
3 SENATOR CARLUCCI: Thank you,
4 Mr. President.
5 I want to thank my colleagues for
6 supporting this important legislation.
7 As we've heard today, talking about
8 the problems with domestic violence -- and as we
9 know, domestic violence is an insidious crime
10 that has ramifications that are complex and
11 complicated. And unfortunately, we know that
12 every minute, 20 Americans are physically abused
13 by their intimate partner. And today we heard
14 statistics earlier about how most cases of
15 domestic violence are never even reported.
16 I want to thank all the advocates
17 that have been here today, and I want to thank
18 all my colleagues in the Senate for making it a
19 commitment to fight back against domestic
20 violence, to update our laws to bring them into
21 the 21st century.
22 The bill before us right now, I'm so
23 grateful because Angela Rivera, who's in the
24 gallery, came to me and told me about her story.
25 And working with the Center for Safety and Change
3757
1 in Rockland County, talking about the situation
2 that her daughter faced, where we found that
3 there's really a loophole in the law that
4 unfortunately, when you are a survivor of
5 domestic violence and you're fleeing that
6 situation, your mode is not about justice, your
7 thinking mode is about survival, and you have to
8 flee that situation.
9 And we know there's so many problems
10 that go along with that. One of the problems
11 should not be the bureaucratic red tape that we
12 set up in New York State government. So you have
13 to report the crime in the jurisdiction where it
14 took place. And in upstate New York, you know,
15 in Westchester County, there's 40 different
16 jurisdiction in one county.
17 The idea behind this legislation is
18 to allow a survivor of domestic violence to
19 report that crime in any legal jurisdiction in
20 the State of New York, any law enforcement
21 jurisdiction. That case is then transferred to
22 the law enforcement jurisdiction where it took
23 place. This will allow for more survivors to be
24 in a safe situation, and hopefully for more cases
25 to be reported.
3758
1 We need to do everything possible to
2 bring perpetrators to justice, and more
3 importantly is to keep survivors safe and make
4 sure that they feel comfortable going to law
5 enforcement and reporting the situation that has
6 happened.
7 So I want to thank my colleagues for
8 supporting this legislation. I look forward to
9 this being the day where we turn the chapter and
10 we start to work aggressively, start to eradicate
11 domestic violence from New York State. We're
12 realistic; we know it's not going to happen with
13 one bill. But if we systematically work together
14 towards bringing our laws up to date, we can do a
15 lot of good and help thousands of people in our
16 state and serve as a model for the rest of the
17 nation to follow.
18 So thank you to my colleagues.
19 Thank you, Angela. Thank you for all the work
20 that you've done, for being relentless, tireless
21 on this pursuit. Thank you so much.
22 I vote in the affirmative. Thank
23 you, Mr. President.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Carlucci to be recorded in the affirmative.
3759
1 Announce the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: On page 1, Senator
8 Salazar moves to discharge, from the Committee on
9 Rules, Assembly Bill Number 2850A and substitute
10 it for the identical Senate Bill 3962A, Third
11 Reading Calendar 679.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 679, Assembly Print 2850A, by Assemblymember
17 Lavine, an act to amend the Public Health Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
3760
1 Announce the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: On page 1, Senator
8 Parker moves to discharge, from the Committee on
9 Crime Victims, Crime and Correction, Assembly
10 Bill Number 2566 and substitute it for the
11 identical Senate Bill 4958, Third Reading
12 Calendar 681.
13 ACTING PRESIDENT BENJAMIN: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 681, Assembly Print Number 2566, by
18 Assemblymember Glick, an act to amend the
19 Executive Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect on the 180th day after it
24 shall have become a law.
25 ACTING PRESIDENT BENJAMIN: Call
3761
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 683, Senate Print 5443, by Senator Persaud, an
10 act to amend the Executive Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day after it
15 shall have become a law.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 684, Senate Print 5444, by Senator Salazar, an
3762
1 act to amend the Executive Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 Senator Gianaris, that completes the
16 reading of the supplemental calendar.
17 SENATOR GIANARIS: Mr. President,
18 can we now go back to reports of standing
19 committees and take up the report of the
20 Finance Committee that is at the desk.
21 ACTING PRESIDENT BENJAMIN: We will
22 return to reports of standing committees.
23 There is a report of the Finance
24 Committee at the desk.
25 The Secretary will read.
3763
1 THE SECRETARY: Senator Krueger,
2 from the Committee on Finance, reports the
3 following nominations.
4 As Major Generals of the New York
5 Air National Guard: Timothy J. LaBarge of
6 Tupper Lake, New York; Thomas John Owens II, of
7 Westhampton Beach, New York; and Greg A. Semmel,
8 of Jamesville, New York.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Gianaris.
11 SENATOR GIANARIS: Can you please
12 recognize Senator Krueger.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Krueger.
15 SENATOR KRUEGER: Thank you very
16 much.
17 In fact, none of the people we are
18 confirming today are here with us, because they
19 are working hard on our behalf.
20 But I did want to just take a moment
21 to recognize that we are confirming today
22 Brigadier General Thomas Owens II as a major
23 general, New York Air National Guard; Brigadier
24 General Greg A. Semmel, who will also be with the
25 Air National Guard as a major general; and
3764
1 finally Brigadier General Timothy LaBarge, also a
2 major general with the Air National Guard.
3 All three are nominees jointly from
4 the federal government and the state government,
5 and I'm very pleased to nominate them for
6 confirmation today as recommended by the
7 Governor.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BENJAMIN: The
10 question is on the nominations of Brigadier
11 General Thomas J. Owens II, Brigadier General
12 Greg A. Semmel, and Brigadier General Timothy J.
13 LaBarge, as Major Generals of the New York Air
14 National Guard.
15 All in favor say aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT BENJAMIN:
18 Opposed?
19 (No response.)
20 ACTING PRESIDENT BENJAMIN:
21 Brigadier General Thomas J. Owens II, Brigadier
22 General Greg A. Semmel, and Brigadier General
23 Timothy J. LaBarge have been confirmed as Major
24 Generals of the New York Air National Guard.
25 Senator Gianaris.
3765
1 SENATOR GIANARIS: Mr. President,
2 is there any further business at the desk today?
3 ACTING PRESIDENT BENJAMIN: There
4 is no further business at the desk.
5 SENATOR GIANARIS: I move to
6 adjourn until tomorrow, Wednesday, May 15th, at
7 11:00 a.m.
8 ACTING PRESIDENT BENJAMIN: On
9 motion, the Senate stands adjourned until
10 Wednesday, May 15th, at 11:00 a.m.
11 (Whereupon, at 5:02 p.m., the Senate
12 adjourned.)
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