Regular Session - May 30, 2019

                                                                   4213

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 30, 2019

11                     12:00 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR BRIAN A. BENJAMIN, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               4214

 1                P R O C E E D I N G S

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Wednesday, May 29, 2019, the Senate met pursuant 

17   to adjournment.  The Journal of Tuesday, May 28, 

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

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 33, 


                                                               4215

 1   Senator Antonacci moves to discharge, from the 

 2   Committee on Corporations, Authorities and 

 3   Commissions, Assembly Bill Number 6869 and 

 4   substitute it for the identical Senate Bill 4518, 

 5   Third Reading Calendar 561.

 6                ACTING PRESIDENT BENJAMIN:    

 7   Substitution so ordered.

 8                THE SECRETARY:   On page 34, 

 9   Senator Jacobs moves to discharge, from the 

10   Committee on Local Government, Assembly Bill 

11   Number 3629 and substitute it for the identical 

12   Senate Bill 1735, Third Reading Calendar 564.

13                ACTING PRESIDENT BENJAMIN:    

14   Substitution so ordered.

15                THE SECRETARY:   On page 49, 

16   Senator Carlucci moves to discharge, from the 

17   Committee on Local Government, Assembly Bill 

18   Number 1112 and substitute it for the identical 

19   Senate Bill 5265, Third Reading Calendar 800.

20                ACTING PRESIDENT BENJAMIN:    

21   Substitution so ordered.

22                THE SECRETARY:   On page 51, 

23   Senator Parker moves to discharge, from the 

24   Committee on Higher Education, Assembly Bill 

25   Number 4064 and substitute it for the identical 


                                                               4216

 1   Senate Bill 4558, Third Reading Calendar 828.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   substitution is so ordered.

 4                Messages from the Governor.

 5                Reports of standing committees.

 6                Reports of selection committees.

 7                Communications and reports from 

 8   state officers.

 9                Motions and resolutions.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Mr. President, 

12   on behalf of Senator Hoylman, on page 37 I offer 

13   the following amendments to Calendar Number 619, 

14   Senate Print 1471, and ask that said bill retain 

15   its place on the Third Reading Calendar.

16                ACTING PRESIDENT BENJAMIN:   The 

17   amendments are received, and the bill shall 

18   retain its place on the Third Reading Calendar.

19                SENATOR GIANARIS:   On behalf of 

20   Senator Thomas, on page 41, I offer the following 

21   amendments to Calendar 691, Senate Print 5598, 

22   and ask that said bill retain its place on the 

23   Third Reading Calendar.

24                ACTING PRESIDENT BENJAMIN:   The 

25   amendments are received, and the bill shall 


                                                               4217

 1   retain its place on the Third Reading Calendar.

 2                SENATOR GIANARIS:   Please recognize 

 3   Senator Griffo.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Griffo.

 6                SENATOR GRIFFO:   Mr. President, how 

 7   are you?

 8                ACTING PRESIDENT BENJAMIN:   I'm  

 9   good.

10                SENATOR GRIFFO:   I wish to call up 

11   Senate Print Number 2906, recalled from the 

12   Assembly, which is now at the desk, on behalf of 

13   myself.

14                ACTING PRESIDENT BENJAMIN:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   227, Senate Print 2906, by Senator Griffo, an act 

18   to amend the Executive Law.

19                SENATOR GRIFFO:   Mr. President, I 

20   move that we reconsider the vote by which the 

21   bill was passed.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will call the roll on reconsideration.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 55.


                                                               4218

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is restored to its place on the Third 

 3   Reading Calendar.

 4                SENATOR GRIFFO:   I now offer the 

 5   following amendments, Mr. President.  

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   amendments are received.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Mr. President, 

10   just to give my colleagues a sense of the day's 

11   activity, there will be several committee 

12   meetings called off the floor.  We have several 

13   nominations to take up today, in addition to the 

14   work of the calendar and the Rules Committee, so 

15   I would ask the members to stay alert and stay 

16   close throughout the day.  

17                We are going to begin by calling 

18   simultaneously a meeting of the Committee on 

19   Rules in Room 332 and a meeting of the Committee 

20   on Health in Room 124.

21                ACTING PRESIDENT BENJAMIN:   There 

22   will be an immediate meeting of the 

23   Rules Committee in Room 332 and an immediate 

24   meeting of the Health Committee in Room 124.

25                SENATOR GIANARIS:   And I now move 


                                                               4219

 1   to adopt the Resolution Calendar.

 2                ACTING PRESIDENT BENJAMIN:   All in 

 3   favor of adopting the Resolution Calendar please 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT BENJAMIN:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Resolution Calendar is adopted.

11                Senator Gianaris.

12                SENATOR GIANARIS:   Can we now take 

13   up previously adopted Resolution 834, by 

14   Senator Little, read its title only, and 

15   recognize Senator Little.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Senate Resolution 

19   834, by Senator Little, congratulating the 

20   Glens Falls High School Boys Varsity Basketball 

21   Team upon the occasion of capturing the 2019 

22   New York State Public High School Athletic 

23   Association Basketball Class B Championship on 

24   March 16, 2019.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4220

 1   Little on the resolution.

 2                SENATOR LITTLE:   Thank you, 

 3   Mr. President.

 4                I'm really pleased to have the 

 5   Glens Falls High School Basketball Team here with 

 6   us today, and welcome them, as well as to 

 7   recognize them for their athletic achievements 

 8   this past year.

 9                I would note Glens Falls High School 

10   also won the Class B Football Championship in the 

11   Carrier Dome; some of these players were also on 

12   that team as well.  But we're on to basketball 

13   today.

14                So in the state championship, which 

15   was in Binghamton this year -- it returns to 

16   Glens Falls next year -- I wanted to talk about 

17   the final game with Lowville, which was a very, 

18   very close game and a very exciting, very 

19   competitive game between two competitive teams.  

20                The game was tied in the last 

21   30 seconds and went into overtime.  And within 

22   the last three seconds, a two-point shot by 

23   Joseph Girard put them ahead by one point, to win 

24   the game 75 to 74.  And as you can imagine, that 

25   was a pretty exciting event.


                                                               4221

 1                This resolution we passed on 

 2   March 16th, immediately following their state 

 3   championship.  However, they went on to the 

 4   Federation Tournament, which was held in 

 5   Glens Falls on March 23rd, and in the very first 

 6   game, Glens Falls beat South Bronx Prep from the 

 7   Public School Athletic League -- and in a very 

 8   tight game, but pulled it off in the end.  

 9                And then the next day -- by the way, 

10   at the Federation game on March 23rd, over 

11   6,000 people were in the Cool Insuring 

12   Civic Center to watch that game.  And the next 

13   day, they beat Cardinal O'Hara, of the 

14   Catholic High School Athletic League, 88 to 79.  

15                So for the first time ever, 

16   Glens Falls High School won a state basketball 

17   championship, and for the first time ever, a 

18   local team in Section 2 went on to win the 

19   Class B Federation Tournament.

20                This is a group of young men and 

21   their coaching staff, their managers and all, who 

22   have worked so hard together on their record of 

23   29 wins with one loss -- which certainly 

24   motivated them, that one loss, and they went on 

25   to continue to win.  


                                                               4222

 1                But their dedication and their 

 2   attitude of "we can do this," working really 

 3   hard, always pulling it together, coming to some 

 4   very close games when you wondered if they were 

 5   going to be able to pull it together -- and yet 

 6   they did.  So my congratulations are to them.

 7                But I also want to mention one of 

 8   their players, Joseph Girard III, who has been 

 9   here before.  He sat up in this gallery with his 

10   father and grandfather when he was 11 years old 

11   and he was the National Foul Shooting Champion.  

12   He was also here last year, as we recognized him 

13   for his achievements in football and in 

14   basketball.  

15                But this year Joseph has -- and he 

16   is a team leader.  He's not a one-person team, as 

17   you might guess when you look at the statistics.  

18   Because he really works very hard, he passes, he 

19   does rebounds, he does the whole thing.  

20                But he also scores.  He has averaged 

21   over 50 points per game this year, had one game 

22   where he broke a record and scored 69 points.  He 

23   now holds the all-time high school career record, 

24   8th grade to senior year, scoring 4,763 points in 

25   his high school career, breaking Lance 


                                                               4223

 1   Stephenson's record of 2,946 points by almost 

 2   2,000 more points.

 3                He's had 1,189 points from the 

 4   free-throw line as a career 88 percent free-throw 

 5   shooter.  For two consecutive years, Joseph 

 6   Girard was named Class B Player of the year by 

 7   the New York State Sportswriters Association.  He 

 8   is the 2019 Mr. New York State Basketball.  

 9                I bet you can guess who he is, but 

10   I'm going to ask Joseph to stand just while we 

11   get some of these stats.  

12                And he was the Gatorade Player of 

13   the Year in New York, as well as USA Today's 

14   New York Player of the Year, among numerous other 

15   honors.  

16                But when he was named 

17   Mr. Basketball, a quotation in the paper of his 

18   said:  "This is an individual award.  Of course 

19   I'll remember it forever.  But there are a lot 

20   more team awards I'd rather have."  

21                Joseph was recruited by 25 

22   Division I schools.  And Senator DeFrancisco 

23   isn't here anymore, but last year 

24   Senator DeFrancisco suggested that he go to 

25   Syracuse.  I think there was more than his 


                                                               4224

 1   suggestion that played into this, but Joseph has 

 2   chosen Syracuse to attend, so he will be wearing 

 3   orange from now on.

 4                But I really -- we honor him because 

 5   it's unbelievable achievements that he has 

 6   achieved as well as being a good student in 

 7   school, everything else that you can ask for.  

 8   And a leader of the team, because his teammates 

 9   have worked so well with him.  

10                And they've all played a role in 

11   some of these games.  In the Federation game we 

12   really had to have, you know, some extra help, 

13   and Trent Girard was there to help out at the 

14   very end with some unbelievable shots.

15                So I would like to acknowledge and, 

16   if I may, read the names of the team players who 

17   are here, as well as those on the team, as well 

18   as their coach, Rob Girard, who I have to say 

19   played ball with my son and was a very good 

20   friend of his.

21                But the players are Carter Jackson, 

22   Noah Balcom, David Barclay, Zach Bren, 

23   Joseph Girard III, Trenton Girard, Connor Girard, 

24   Rece McClements, Nick Danahy, Brendan Quirk and 

25   Kyle Vachon.  Head Coach Robert Girard and 


                                                               4225

 1   Assistant Coaches Dan Hall, Camden Girard, 

 2   Sonny McTiernan and Sonny Gooden.  

 3   Congratulations on such a wonderful season, as 

 4   well as to the managers, Tyrell Gooden and 

 5   Logan Drino.  

 6                So I would like to ask you to 

 7   acknowledge them.  Glens Falls is very proud of 

 8   this team, and they've had tremendous support 

 9   from the community and worked very hard.  And 

10   obviously I'm very proud of them as well.

11                But Mr. President, if you would 

12   offer them the courtesies of the house.  

13                Thank you.

14                ACTING PRESIDENT BENJAMIN:   Before 

15   we do that, flash photography is not permitted in 

16   this chamber, so please do not use that 

17   mechanism.

18                Senator Antonacci on the resolution.

19                SENATOR ANTONACCI:   Thank you, 

20   Mr. President.

21                I'll see if I can pick up where 

22   Senator DeFrancisco left off.

23                I met with the team earlier.  Just 

24   to reiterate, I am from Syracuse, New York.  I 

25   went to Syracuse University.  It's technically 


                                                               4226

 1   not in my district, but certainly very important 

 2   to the 50th District.  

 3                I'm also a high school boys' 

 4   basketball official, refereeing for 29 years.  I 

 5   had the privilege of refereeing the 2011 state 

 6   championship game in Glens Falls.  

 7                I know that hosting that 

 8   championship is a source of great pride.  I know 

 9   that it went to Binghamton last year; maybe it 

10   will come back soon --

11                SENATOR LITTLE:   It is.

12                SENATOR ANTONACCI:   It is coming 

13   back soon.  That's good.  It's a great place to 

14   watch high school basketball.  

15                I also know how tough it is to win a 

16   football championship -- and not only a New York 

17   State Public High School Basketball Championship, 

18   but then to win the Federation.  Because as we 

19   officials know, the Federation is where you're 

20   playing teams from the rest of the state.  So 

21   that is indeed an accomplishment.

22                I know that, Joe, you've been the 

23   leader of this team, but I've met you and I've 

24   also talked to some of my fellow officials around 

25   the state that have come in contact with you.  


                                                               4227

 1   You are a humble person.  You're a team leader.  

 2   And I know that you couldn't have done it without 

 3   the rest of your players.  

 4                In closing, I just want to say that 

 5   we are as excited as all heck to have you at 

 6   Syracuse University.  Welcome to Syracuse.  If 

 7   there's anything I can do for you while you're 

 8   there, please call me.  I'm sure I'll see you on 

 9   the court.  And congratulations to you and your 

10   teammates on one heck of year.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   To the 

13   Glens Falls High School Basketball Team, I 

14   welcome you on behalf of the Senate.  We extend 

15   to you all of the privileges and courtesies of 

16   this house.  

17                Please rise and be recognized.

18                (Standing ovation.)

19                ACTING PRESIDENT BENJAMIN:   The 

20   resolution was previously adopted on March 26th.

21                Senator Serrano.

22                SENATOR SERRANO:   Thank you very 

23   much, Mr. President.  

24                At this time I ask that we take up 

25   previously adopted Resolution 1560, by 


                                                               4228

 1   Senator Jacobs.  Please read the title only, and 

 2   then call on Senator Jacobs.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Senate Resolution 

 6   1560, by Senator Jacobs, mourning the death of 

 7   Ezra Castro, ardent Buffalo Bills fan and devoted 

 8   family man.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Jacobs on the resolution.

11                SENATOR JACOBS:   Thank you, 

12   Mr. President.  

13                I have the great honor of 

14   representing Orchard Park, New York.  And 

15   Orchard Park, New York, is where the Bills' 

16   stadium is, the Buffalo Bills.  

17                So Senator Kennedy's often mentioned 

18   how Western New York has the only team in 

19   New York State, only professional football team.  

20   Well, I guess I'm the only Senator with a 

21   professional football team in New York State.

22                But, Mr. President, I'm proud and 

23   honored to be here -- unfortunately, today, on a 

24   sad occasion for this resolution on the passing 

25   of Ezra Castro.  


                                                               4229

 1                For every Western New Yorker who 

 2   recognizes the name Ezra Castro, you will find 

 3   ten more who are immediately familiar with the 

 4   costumed Buffalo Bills super-fan persona that he 

 5   created called Pancho Billa.  

 6                Ezra Castro -- Pancho Billa -- was a 

 7   very special person in relation also to his 

 8   relationship with Western New York.  The most 

 9   dedicated of Buffalo Bills fans, Pancho Billa was 

10   a native Texan who, as a young boy, was told by 

11   his father he should pick a favorite professional 

12   football team.  He was so proud of his Mexican 

13   American heritage that, unlike his father and 

14   brother, he shunned the Dallas Cowboys -- first 

15   good move -- and instead chose the Buffalo Bills 

16   because of their colors, that they were closest 

17   to the red, white, and green of the Mexican flag.

18                And so began for Ezra Castro a 

19   lifelong love affair with the Buffalo Bills.  And 

20   during that time, the team and the city they 

21   called home loved him right back.  

22                Ezra developed the character of 

23   Pancho Billa, a play on the name of the famous 

24   Mexican revolutionary general Francisco Pancho 

25   Villa, and he created a very intricate costume 


                                                               4230

 1   that included a broad sombrero with a leather 

 2   luchador mask, a serape poncho, and a bandolier 

 3   and leather arm guards, all in red, white and 

 4   blue, and adorned with the Bills buffalo and his 

 5   catchphrase, "Viva Los Bills." 

 6                He obviously stood out at games and 

 7   was such a rabid fan that he attracted the 

 8   support of so many Bills fans and the 

 9   appreciation of the players, coaches and 

10   management.  He attended so many Bills games, 

11   home and away, over the years that many people 

12   assumed he was a native Buffalonian.  

13                He was the president of the Bills 

14   Backers clubs in Dallas and Fort Worth, and if he 

15   wasn't in the stands for the opening kickoff, he 

16   would be leading the cheering at the Hideaway Bar 

17   & Grill in Dallas or Buffalo Bro's in Fort Worth.  

18                Pancho Billa became such a notable 

19   figure that he developed countless friendships 

20   and personal relationships with Bills fans across 

21   Western New York and around the country, 

22   including players, coaches, and management.

23                Oftentimes we see that sports can 

24   mirror life.  The proud past history of greatness 

25   and challenges and struggles, and now this 


                                                               4231

 1   resurgence and bright future that the Buffalo 

 2   Bills share with the City of Buffalo and Western 

 3   New York community, were all embraced by Ezra 

 4   Castro.  He recognized those things, he could 

 5   relate to those things, and in many ways he was 

 6   the embodiment of the past, those struggles, and 

 7   the bright future.  

 8                Knowing this history, we can 

 9   understand why his devastating cancer diagnosis 

10   more than two years ago was felt beyond Ezra and 

11   his immediate family.  And we understand why so 

12   many fans and friends were there for him and 

13   walked with him during this journey.  

14                Sadly, when the journey came to an 

15   end earlier this month, the team and its fans and 

16   its city mourned Pancho Billa's death and shared 

17   in the grief with the Castro family.  

18                So tight were the bonds with this 

19   one fan and the team and the city that he loved 

20   that he chose to postpone his initial cancer 

21   surgery so he could take his young son to a Bills 

22   game in San Diego.  He had passed his love for 

23   the Bills on to his son, and he wanted to make 

24   sure he could share that experience with him 

25   before his disease denied him that opportunity.  


                                                               4232

 1                As he courageously battled his 

 2   cancer, the Bills cheered him on and gave him 

 3   something to strive for by selecting him to lead 

 4   their delegation of fans in the 2018 NFL draft.  

 5   He was even called onto the stage to announce 

 6   their draft choices.  

 7                And so close were the personal 

 8   relationships that he developed with his fellow 

 9   fans that some of them traveled to Texas to be 

10   with him to spend time with him and help care for 

11   him.  When the cancer prevented him from taking 

12   part in this year's NFL draft in person, Bills 

13   Manager Brandon Bean called him in the hospital 

14   room so he could relay the choices on this year's 

15   draft.  

16                There is so much more about Ezra 

17   Castro -- Pancho Billa -- as a father, a son, a 

18   brother, and a beloved longtime companion to the 

19   mother of his son and daughter.  But I think it 

20   suffices to say, Mr. President, that in his 

21   all-too-short 39 years of life, he touched and 

22   inspired so many, in and out of sports, with his 

23   love and courage and devotion.  The Buffalo Bills 

24   and Bills fans everywhere will be honoring 

25   Pancho Billa on opening day of the NFL season 


                                                               4233

 1   this fall.  

 2                I am honored to have the opportunity 

 3   to pay tribute to him by sponsoring this 

 4   resolution.  

 5                Thank you for recognizing me, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Kennedy on the resolution.

 9                SENATOR KENNEDY:   Thank you, 

10   Mr. President.

11                I'm going to thank the sponsor of 

12   this resolution for bringing forward such a 

13   meaningful picture to the family of Ezra Castro, 

14   one that depicts an individual who was such an 

15   inspiration to so many people -- not just Buffalo 

16   Bills fans, but people, fans across the NFL.  

17                He exemplified what it meant to be 

18   someone who fought against the odds.  And he used 

19   this opportunity in his life, as he fought 

20   against cancer, to express his gratitude for life 

21   and his excitement for his beloved Buffalo Bills.

22                Now, I know we're all Buffalo Bills 

23   fans in this room, we established that 

24   yesterday -- the only New York State team.  And 

25   Ezra Castro -- Pancho Billa -- he took it to 


                                                               4234

 1   another level of being a Bills fan.  Down in 

 2   Texas, whether it was Dallas or Fort Worth, 

 3   700 people would gather because of him and his 

 4   leadership each and every Sunday.  

 5                Once he got diagnosed with Stage IV 

 6   cancer, he would take his Pancho Billa mask that 

 7   made him so famous to all of his chemotherapy 

 8   treatments, and he said that that mask gave him 

 9   strength.  And he epitomized the heart and soul 

10   of what it means to be a Buffalo Bills backer, a 

11   Buffalo Bills fan.  He was an individual of grit, 

12   determination and heart, and he will certainly be 

13   missed by the Buffalo Bills family, by our 

14   community in Western New York, by our state, and 

15   I would say by any lover of sports and any lover 

16   of humanity.  

17                He leaves behind two children.  And 

18   certainly, in his own words, as we walk into the 

19   mini camp and soon to be the new season where the 

20   Bills are going to go to the Super Bowl this 

21   year -- because in Buffalo, hope springs 

22   eternal -- we'll all be cheering on our Bills and 

23   thinking of Pancho Billa and saying his famous 

24   words:  Viva Los Bills.

25                Thank you, Mr. President.  I vote 


                                                               4235

 1   aye.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolution was previously adopted on May 21st.

 4                Senator Serrano.

 5                SENATOR SERRANO:   Thank you very 

 6   much, Mr. President.

 7                At this time I ask that we take up 

 8   previously adopted Resolution 1151, by 

 9   Senator Parker.  I ask that you read the title 

10   only and call on Senator John Liu.

11                ACTING PRESIDENT BENJAMIN:   The 

12   Secretary will read.

13                THE SECRETARY:   Senate Resolution 

14   1151, by Senator Parker, memorializing 

15   Governor Andrew M. Cuomo to proclaim May 2019 as 

16   Asian Pacific American Heritage Month in the 

17   State of New York.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Liu on the resolution.

20                SENATOR LIU:   Thank you, 

21   Mr. President, for the opportunity to speak on 

22   this important resolution.

23                I want to thank Senator Kevin Parker 

24   for introducing this resolution.  

25                The month of May has for decades now 


                                                               4236

 1   been proclaimed by the United States president to 

 2   be Asian Pacific American Heritage Month.  This 

 3   is a month that is important to not only 

 4   recognize the contributions of Asian Pacific 

 5   Americans to this country and to the State of 

 6   New York, but it's also a month where we have 

 7   many numerous events not only celebrating Asian 

 8   Americans but also for people to understand what 

 9   our history has been.  

10                And when I say history I don't mean 

11   the history of China, history of Korea or 

12   Philippines or Vietnam or whatever.  I mean Asian 

13   American history, which starts with the railroad 

14   workers connecting the East and west coasts of 

15   this great nation via the railroad, to a host of 

16   other issues, both positive and not so positive, 

17   that have endured through the history of this 

18   country.

19                And without going into every 

20   specific issue, let me just say that that's what 

21   this month is about.  It's an opportunity to 

22   learn more about what Asian Pacific 

23   Americans are, an identity that is distinct from 

24   the various ethnic backgrounds that we may all 

25   have.  


                                                               4237

 1                We certainly are Asian.  We have 

 2   lots of guests here today who are with us in the 

 3   gallery; I know the president will recognize them 

 4   shortly.  But they, like me, are Asians.  We have 

 5   been Asians our entire lives and will remain as 

 6   such.  And therefore, that's why they made the 

 7   trip up here to Albany, to help us celebrate 

 8   Asian Pacific American Heritage Month.  

 9                We do have an event in the Well, and 

10   I hope that you will join us.  Of course there 

11   will be good food.  But Asians aren't just about 

12   food.  There are very important points in 

13   American history that specifically have to deal 

14   with Asian Pacific Americans.  

15                And with that, thank you, 

16   Mr. President, and I hope you will recognize our 

17   guests.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Parker on the resolution.

20                SENATOR PARKER:   Thank you very 

21   much, Mr. President.

22                I rise to celebrate Asian Pacific 

23   American Month.  The month of May was 

24   specifically chosen to commemorate the immigrants 

25   of Japan who first came to the United States on 


                                                               4238

 1   May 7, 1847, and really to also mark the 

 2   anniversary of the completion of the 

 3   Transcontinental Railroad.

 4                As you heard from Senator Liu, 

 5   North American history is replete and has been 

 6   shaped by immigration, but particularly those 

 7   from Asia.  The Pacific and the native peoples of 

 8   the Pacific Islands also have made a significant 

 9   contribution to the history, the culture, and the 

10   development of our great nation but also of our 

11   great state.

12                With the current exclusionary 

13   immigration policies -- not just what we're 

14   seeing now, but even early America, early Asian 

15   Americans, despite that, successfully built 

16   ethnic enclaves throughout the United States.  

17   There are currently over 20 million people of 

18   Asian or Pacific Island descent who live in the 

19   United States.  And what started out as a 

20   seven-day observance has turned -- you know, 

21   first designated by Congress -- has turned and 

22   evolved into a month-long celebration of the 

23   pride, the remembrance of Asian Pacific American 

24   communities in the United States, and their 

25   involvement in our culture and their 


                                                               4239

 1   contributions to U.S. history.

 2                There are, in -- you know, as you 

 3   may have heard, I represent the People's Republic 

 4   of Brooklyn, 318,000 people there, and there are 

 5   over 200,000 Asian and Pacific American 

 6   constituents living right in Brooklyn.  We have 

 7   actually probably the largest population of Asian 

 8   and Pacific Islander folks living in Brooklyn 

 9   than anyplace else in the United States.  

10   Twenty-four percent of the city's Asian 

11   population lives in Brooklyn.

12                And folks come from countries like 

13   Bangladesh, Cambodia, Timor, India, Indonesia, 

14   China, Japan, Laos, Malaysia, Mongolia, Nepal, 

15   North Korea, Philippines, Pakistan, Singapore, 

16   South Korea, Sri Lanka, Taiwan, Thailand and 

17   Vietnam.  Also not to forget the folks from 

18   Hawaii, Guam, the French Polynesia and Cook 

19   Islands, New Zealand, New Guinea, and the Solomon 

20   Islands, all represented in our great state.  

21                And so today we thank them and we 

22   remember them, and we also remember those folks 

23   who have traveled from those places to other 

24   places.  In my district I represent the largest 

25   concentration of Caribbean immigrants outside of 


                                                               4240

 1   the Caribbean in the world.  And so you find lots 

 2   of people who are of Asian descent and Pacific 

 3   Island descent who have gone to places like 

 4   Guyana and then have come to the U.S., have gone 

 5   to places like Trinidad, have gone to place like 

 6   Jamaica and then have emigrated.  So even in the 

 7   context of the Caribbean community, we find a 

 8   great deal of those cultures and those 

 9   contributions.

10                And so, Mr. President, I thank you 

11   to allow us to pause in our deliberations to 

12   recognize this month and these folks and their 

13   great contributions to our state and our nation.

14                Thank you.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Serrano.

17                SENATOR SERRANO:   Mr. President, 

18   thank you for allowing me to interject.  

19                I just wanted to mention that there 

20   will be an immediate meeting of the Finance 

21   Committee in Room 332.  All members are invited 

22   to attend as the committee considers nominations.  

23                Let's now return back to the 

24   resolution and Senator Stavisky.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               4241

 1   will be an immediate meeting of the Finance 

 2   Committee in Room 332.

 3                Senator Stavisky on the resolution.

 4                SENATOR STAVISKY:   Thank you, 

 5   Mr. President.

 6                And I welcome our friends on, in 

 7   many cases, your return to Albany.

 8                As I've said many times, I represent 

 9   a community made up of many people from the Asian 

10   Pacific Islander community.  We celebrate your 

11   accomplishments both from where you came but, 

12   more importantly, your contributions here in the 

13   United States.  

14                And we can't emphasize enough how 

15   important the relationship is.  It was 

16   mentioned -- the Continental Railroad, and the 

17   fact that it's the 150th anniversary of the 

18   connection between the East Coast and the 

19   West Coast, was due largely to the immigrant 

20   population from China who helped complete the 

21   railroad.

22                But to me, it's more important than 

23   just two railroads coming together, it's a 

24   combination of cultures, of bonding of people 

25   from other parts of the world.  We have that 


                                                               4242

 1   particularly in Queens County, and we welcome the 

 2   connection, global connection, of the 

 3   transcontinental concept that we are one nation 

 4   with friends from all over the world.

 5                So I thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution was previously adopted on April 30th.  

 8                So to our guests, I welcome you on 

 9   behalf of the Senate.  We extend to you all the 

10   privileges and courtesies of this house.  

11                Please rise and be recognized.

12                (Standing ovation.)

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Serrano.

15                SENATOR SERRANO:   Thank you, 

16   Mr. President.

17                At the request of the sponsors, all 

18   of today's resolutions are open for 

19   cosponsorship.

20                ACTING PRESIDENT BENJAMIN:   The 

21   resolutions are open for cosponsorship.  Should 

22   you choose not to be a cosponsor of the 

23   resolutions, please notify the desk.

24                Senator Serrano.

25                SENATOR SERRANO:   Thank you, 


                                                               4243

 1   Mr. President.

 2                At this point we can stand at ease 

 3   while the Finance Committee meets.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Senate will stand at ease.

 6                (Whereupon, the Senate stood at ease 

 7   at 12:32 p.m.)

 8                (Whereupon, the Senate reconvened at 

 9   12:33 p.m.)

10                ACTING PRESIDENT BENJAMIN:   The 

11   Senate will return to order.

12                Senator Gianaris.

13                SENATOR GIANARIS:   Mr. President, 

14   we can return to reports of standing committees.  

15                I believe there's a report of the 

16   Rules Committee at the desk.

17                ACTING PRESIDENT BENJAMIN:    

18   Returning to reports of standing committees, 

19   there is a report of the Rules Committee at the 

20   desk.  

21                The Secretary will read.

22                THE SECRETARY:   Senator 

23   Stewart-Cousins, from the Committee on Rules, 

24   reports the following bills:  

25                Senate Print 179, by 


                                                               4244

 1   Senator Serrano, an act to amend the 

 2   Education Law; 

 3                Senate Print 222B, by 

 4   Senator Benjamin, an act to amend the 

 5   Social Services Law; 

 6                Senate Print 1652A, by 

 7   Senator Skoufis, an act to amend the Public 

 8   Health Law and the Penal Law; 

 9                Senate Print 1658A, by 

10   Senator Skoufis, an act to amend the 

11   Education Law; 

12                Senate Print 1867, by 

13   Senator Stavisky, an act to amend the 

14   Education Law; 

15                Senate Print 2248, by 

16   Senator Sanders, an act to create a veterans' 

17   mental health and suicide prevention task force; 

18                Senate Print 2424, by 

19   Senator Kaplan, an act to amend the Tax Law; 

20                Senate Print 2659, by 

21   Senator Savino, an act to amend the 

22   Social Services Law; 

23                Senate Print 2724, by 

24   Senator Krueger, an act to amend the 

25   Agriculture and Markets Law; 


                                                               4245

 1                Senate Print 2792A, by 

 2   Senator Comrie, an act to amend the Vehicle and 

 3   Traffic Law; 

 4                Senate Print 3059, by 

 5   Senator Addabbo, an act to amend the 

 6   Alcoholic Beverage Control Law; 

 7                Senate Print 3420, by 

 8   Senator Savino, an act to amend the 

 9   Social Services Law; 

10                Senate Print 3655B, by 

11   Senator Salazar, an act to amend the 

12   Multiple Dwelling Law; 

13                Senate Print 3669, by 

14   Senator Gianaris, an act to amend the Public 

15   Authorities Law; 

16                Senate Print 3672, by 

17   Senator Bailey, an act to amend the County Law; 

18                Senate Print 3804A, by Senator May, 

19   an act to amend the State Finance Law and the 

20   Tax Law;

21                Senate Print 4172, by 

22   Senator Martinez, an act to amend the 

23   Public Authorities Law; 

24                Senate Print 4339, by 

25   Senator Salazar, an act to amend the 


                                                               4246

 1   Social Services Law; 

 2                Senate Print 4363, by 

 3   Senator Gaughran, an act to amend the 

 4   Highway Law; 

 5                Senate Print 4490, by 

 6   Senator Gounardes, an act to amend the 

 7   Public Authorities Law;

 8                Senate Print 4577, by 

 9   Senator Martinez, an act to amend the 

10   Agriculture and Markets Law;

11                Senate Print 4583, by 

12   Senator Sanders, an act to amend the 

13   Public Health Law; 

14                Senate Print 4650, by 

15   Senator Sanders, an act to amend the 

16   Mental Hygiene Law; 

17                Senate Print 4802, by 

18   Senator Martinez, an act to amend the 

19   Agriculture and Markets Law; 

20                Senate Print 5066A, by 

21   Senator Krueger, an act to amend the 

22   Education Law; 

23                Senate Print 5286, by 

24   Senator Skoufis, an act to amend the 

25   Retirement and Social Security Law;


                                                               4247

 1                Senate Print 5807, by 

 2   Senator Martinez, an act to amend the 

 3   Agriculture and Markets Law; and

 4                Senate Print 6208, by 

 5   Senator Jackson, an act to amend the 

 6   Education Law.  

 7                All bills ordered direct to third 

 8   reading.

 9                SENATOR GIANARIS:   Move to accept 

10   the report of the Rules Committee.

11                ACTING PRESIDENT BENJAMIN:   All in 

12   favor of accepting the report of the 

13   Rules Committee signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT BENJAMIN:    

16   Opposed, nay.

17                (No response.)

18                ACTING PRESIDENT BENJAMIN:   The 

19   Rules Committee report is accepted.

20                SENATOR GIANARIS:   Can we now take 

21   up the reading of the calendar.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   205, Senate Print 2859, by Senator Flanagan, an 


                                                               4248

 1   act in relation to authorizing the Town of 

 2   Smithtown, County of Suffolk.

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 6.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Flanagan to explain his vote.

13                SENATOR FLANAGAN:   Thank you, 

14   Mr. President.

15                This is a local bill for the 

16   communities that I represent.  Seemingly 

17   innocuous, it's actually incredibly important to 

18   the communities in the Second Senate District.  

19   It's a parkland alienation bill, but it's tied 

20   directly to $40 million in money heretofore 

21   appropriated for sewers -- boring, technical, but 

22   exceedingly important.  

23                This is a bill that we have passed 

24   before, working on it now, fortunately are in the 

25   throes of having very productive conversations 


                                                               4249

 1   with the Assembly.  We have every expectation and 

 2   hope that they will see fit to pass this bill, 

 3   which should be passed.  

 4                I have an article right here from 

 5   Newsday talking about local businesses having 

 6   problems with the EPA because of cesspools.  If 

 7   this bill gets passed -- and it's only about a 

 8   small piece of parkland, but it has big 

 9   ramifications and it will go a long way toward 

10   making life better, the environment safer, our 

11   water cleaner.  

12                And I appreciate the support of my 

13   colleagues in not only moving this out of the 

14   respective committees but bringing it to the 

15   floor today.  I vote in the affirmative.

16                Thank you.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Flanagan to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   305, Senate Print 3337C, by Senator Gaughran, an 

25   act to amend the Civil Practice Law and Rules.


                                                               4250

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   461, Senate Print 769A, by Senator Breslin, an 

15   act to amend the Insurance Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 57.


                                                               4251

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                There is a substitution at the desk.  

 4                The Secretary will read.

 5                THE SECRETARY:   On page 32, 

 6   Senator Skoufis moves to discharge, from the 

 7   Committee on Consumer Protection, Assembly Bill 

 8   Number 4421B and substitute it for the identical 

 9   Senate Bill 1627B, Third Reading Calendar 545.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   545, Assembly Print 4421B, by Assemblymember 

15   Zebrowski, an act to amend the General Business 

16   Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 3.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4252

 1   Skoufis to explain his vote.

 2                SENATOR SKOUFIS:   Thank you very 

 3   much, Mr. President.

 4                This bill is named after Harper 

 5   Fried, a three-year-old girl from the Hudson 

 6   Valley.  In November of 2016, when playing in her 

 7   bedroom one morning, Harper tragically lost her 

 8   life after a piece of children's furniture 

 9   accidentally tipped over and fell on her.  

10   Harper's parents' worst nightmare came true that 

11   day.  

12                Harper's family is here with us 

13   today, and I'm honored to have them in our 

14   chamber while we pass lifesaving legislation in 

15   honor of their beloved daughter and family 

16   member:  Aaron and Erica Fried, her parents, and 

17   Kaylee Fried, her sister.  

18                Alison Garcia, a friend and board 

19   member of Harper Smiles, a foundation that was 

20   set up in Harper's honor, is also here.  

21                Your advocacy for this bill and 

22   education to other families on home safety has 

23   gotten us to where we are today.  You've gone 

24   above and beyond, creating the foundation 

25   Harper Smiles, dedicated to spreading awareness 


                                                               4253

 1   about child safety hazards.  New York's children 

 2   will now be safer because of each of you and your 

 3   selfless work, despite experiencing the greatest 

 4   tragedy of all.

 5                According to the U.S. Consumer 

 6   Product Safety Commission, there are an average 

 7   of 33,100 annual emergency room injuries treated 

 8   due to furniture tip overs, as well as one death 

 9   resulting from this type of accident every two 

10   weeks.  These tragedies often involve young 

11   children, typically under the age of 6.  

12                This bill will require retailers 

13   that sell certain new furniture to only sell 

14   furniture that complies with federal or industry 

15   standards that require furniture to contain a tip 

16   restraint device and permanent warning label.  We 

17   do this today in honor of Harper Fried.  

18                Thank you, Mr. President.  I vote in 

19   the affirmative.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Skoufis to be recorded in the affirmative.

22                Senator Carlucci to explain his 

23   vote.

24                SENATOR CARLUCCI:   Thank you, 

25   Mr. President.


                                                               4254

 1                I want to thank Senator Skoufis for 

 2   putting this legislation forward.  

 3                And most importantly, like Senator 

 4   Skoufis, I want to thank Erica and Aaron Fried 

 5   and their daughter Kaylee for their tireless work 

 6   and advocacy in putting this issue forward and 

 7   taking the darkest time in their life and turning 

 8   it around and making sure that Harper's memory 

 9   lives on and is a wake-up call to all of us.  

10                I have two young boys, one's 3, 

11   one's 5½, my older son just two months older than 

12   Harper.  And until this tragedy happened, as a 

13   young parent I had no idea how serious this was.

14                As we heard from Senator Skoufis, 

15   the Consumer Product Safety Commission tells us 

16   over 30,000 emergency visits each year.  Every 

17   two weeks someone dies from something as 

18   innocuous as this.  And that's why this effort 

19   has to be put forward.  

20                Aaron and Erica put together 

21   Harper Smiles, a nonprofit organization that 

22   works tirelessly to advocate to make sure that 

23   parents and guardians know the risks associated.  

24   Aaron and Erica talk about how, as young parents, 

25   you know, they did what they thought they needed 


                                                               4255

 1   to do.  They had the safety covers over the 

 2   outlets, they had the baby gate -- the things 

 3   that we all think about.  Never did they imagine 

 4   such a tragedy could happen.

 5                And that's the wake-up call for all 

 6   of us.  And I'm just grateful to them, to their 

 7   family, for pushing this issue forward.  How hard 

 8   it must be to talk about this issue.  But they 

 9   talk about their experience to make sure that 

10   other families don't have to experience this 

11   tragedy.

12                So I am grateful to you and grateful 

13   to my colleagues for supporting this legislation.  

14   This will do a lot of good and will keep our 

15   children safe.

16                So Mr. President, I'll be voting in 

17   the affirmative.  Thank you.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Carlucci to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 545, those Senators voting in the 

23   negative are Senators Akshar, Amedore, Antonacci 

24   and Jordan.

25                Ayes, 53.  Nays, 4.


                                                               4256

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   561, Assembly Print Number 6869, substituted 

 5   earlier by Assemblymember Hunter, an act to amend 

 6   the Not-For-Profit Corporation Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Please recognize 

21   Senator Griffo for an announcement.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Griffo.

24                SENATOR GRIFFO:   Thank you, 

25   Mr. President.


                                                               4257

 1                We'd like to acknowledge that that 

 2   was Senator Bob Antonacci's first bill passed 

 3   here in the Senate.  

 4                Congratulations, Senator Antonacci.

 5                (Standing ovation.)

 6                THE SECRETARY:   Calendar Number 

 7   564, Assembly Print 3629, substituted earlier by 

 8   Assemblymember Schimminger, an act to amend the 

 9   General Municipal Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Antonacci to explain his vote.

19                SENATOR ANTONACCI:   Yes, I'm a 

20   little out of order.  I just wanted to say thank 

21   you to all my colleagues, Floor Leader Senator 

22   Gianaris, Senator Griffo.  It's been an 

23   interesting four months.  

24                The bill that I passed I'm very 

25   proud of.  It's actually from my hometown fire 


                                                               4258

 1   department in my hometown where I live.  It's a 

 2   good bill that will encourage fire departments to 

 3   go and recruit.  

 4                So, Mr. President, thank you for the 

 5   indulgence.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Antonacci to be recorded in the affirmative.

 8                Senator Jordan to explain her vote.

 9                SENATOR JORDAN:   I'm going back to 

10   1735, Senator Jacobs' bill.  

11                This is the fourth such bill that 

12   we're passing this year for individual school 

13   districts.  I'm aware that there are six 

14   additional such bills in the Local Government 

15   Committee for six more individual school 

16   districts.

17                I believe that allowing school 

18   districts to establish insurance reserve funds is 

19   crucial in this day and age when health insurance 

20   costs are so high and costing more each year.  

21   For a school district to be able to 

22   self-insure -- which, by the way, would save 

23   taxpayers money -- an insurance reserve fund is 

24   necessary.

25                I sponsor Senate Bill 2067B, which 


                                                               4259

 1   authorizes school districts to establish an 

 2   insurance reserve fund in an amount and manner to 

 3   be determined by a qualified and independent 

 4   actuary certified by the American Academy of 

 5   Actuaries to be reasonable and necessary.

 6                This bill would end the piecemeal 

 7   legislation for each school district.  It seems 

 8   rather silly that the Legislature even votes on 

 9   these, as we don't know the particular financials 

10   of each school district that comes before us.

11                My bill would allow a district to 

12   move ahead on its own with the financial 

13   oversight of an actuary and someone who would 

14   actually know the particular financials involved 

15   and would be able to protect the taxpayers and 

16   ultimately be able to save the districts money.

17                My bill sits stagnant in the Local 

18   Government Committee, even though multiple 

19   requests have been made to move it out.  I would 

20   hope that leadership would take a look at this 

21   commonsense legislation and move it forward.  

22                As this is so important to the 

23   school district at hand, I will be voting yes on 

24   this bill.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4260

 1   Jordan to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   693, Senate Print 3539A, by Senator Rivera, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   694, Senate Print 3661, by Senator Gounardes, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               4261

 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, 57.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   697, Senate Print 5162, by Senator Stavisky, an 

13   act to amend the Education Law.

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:   In relation to 

24   Calendar Number 697, voting in the negative:  

25   Senator Ortt.


                                                               4262

 1                Ayes, 56.  Nays, 1.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   703, Senate Print 4903, by Senator Ranzenhofer, 

 6   an act to amend the Surrogate's Court Procedure 

 7   Act.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   704, Senate Print 5512, by Senator Hoylman, an 

22   act to amend the Surrogate's Court Procedure Act.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 7.  This 


                                                               4263

 1   act shall take effect on the first of January.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   735, Senate Print 5049, by Senator Comrie, an act 

12   to amend the Public Authorities Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4264

 1   792, Senate Print 4196, by Senator Jackson, an 

 2   act to amend the General Municipal Law and the 

 3   New York State Financial Emergency Act for the 

 4   City of New York.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 3.  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:   In relation to 

15   Calendar 792, those Senators voting in the 

16   negative are Senators Akshar, Antonacci, 

17   Flanagan, Helming, Jordan, O'Mara, Ortt, Robach 

18   and Serino.

19                Ayes, 48.  Nays, 9.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   793, Senate Print 4197A, by Senator Jackson, an 

24   act to amend the Local Finance Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               4265

 1   the last section.

 2                THE SECRETARY:   Section 10.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 793, those Senators voting in the 

11   negative are Senators Akshar, Antonacci, 

12   Flanagan, Griffo, Helming, Jordan, Ortt, O'Mara 

13   and Serino.

14                Ayes, 48.  Nays, 9.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   797, Senate Print 5233, by Senator Breslin, an 

19   act in relation to permitting Mount Moriah 

20   Baptist Church to file an application for a real 

21   property tax exemption.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4266

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 797, those Senators voting in the 

11   negative are Senators Akshar, Antonacci and 

12   O'Mara.

13                Ayes, 54.  Nays, 3.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   798, Senate Print 5234, by Senator Breslin, an 

18   act in relation to permitting the Church of 

19   Jesus Christ to file an application for a real 

20   property tax exemption.

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 


                                                               4267

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar 798, those Senators voting in the 

 7   negative are Senators Akshar, Antonacci and 

 8   O'Mara.

 9                Ayes, 54.  Nays, 3.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   800, Assembly Print 1112, substituted earlier by 

14   Assemblymember Jaffee, an act in relation to 

15   authorizing Hatzoloh EMS Inc. of Monsey to file 

16   an application for a real property tax exemption.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               4268

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 800, those Senators voting in the 

 3   negative are Senators Akshar, Antonacci and 

 4   O'Mara.

 5                Ayes, 54.  Nays, 3.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   801, Senate Print 5445, by Senator Skoufis, an 

10   act to amend the General Municipal Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Antonacci to explain his vote.

20                SENATOR ANTONACCI:   Thank you, 

21   Mr. President.

22                I will be voting in the affirmative, 

23   and I think this is a very good bill when you 

24   talk about accountability and transparency, 

25   especially at the local level.


                                                               4269

 1                As many of my colleagues may know, I 

 2   was a former county comptroller in the County of 

 3   Onondaga and had many high-profile disputes with 

 4   local government agencies that had control of 

 5   generally 501(c)(3)s or 501(c)(6) where 

 6   significant government business was being 

 7   conducted, so to speak, off-book.  In addition to 

 8   saying that these organizations were not subject 

 9   to FOIL, they certainly refused repeatedly audits 

10   of both my office and the State Comptroller.  

11                I think this is a good step giving 

12   the State Comptroller the ability to go in and 

13   look at these organizations.  I like the language 

14   of the bill.  There has to be some type of 

15   government function.  I think that we will see 

16   significant audits and a lot more findings at 

17   these local government entities.  I appreciate 

18   the sponsor bringing it forward.

19                Thank you.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Antonacci to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               4270

 1                THE SECRETARY:   Calendar Number 

 2   827, Senate Print 4035, by Senator Bailey, an act 

 3   to amend the Education Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 14.  This 

 7   act shall take effect 18 months after it shall 

 8   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, 57.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   828, Assembly Print Number 4064, substituted 

19   earlier by Assemblymember Hyndman, an act to 

20   amend the Education 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 


                                                               4271

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   829, Senate Print 4695, by Senator Persaud, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 12.  This 

14   act shall take effect 18 months after it shall 

15   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, 57.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   833, Senate Print 5692, by Senator Rivera, an act 


                                                               4272

 1   to amend the Education Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  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, 57.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   840, Senate Print 5605, by Senator Rivera, an act 

17   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:    


                                                               4273

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   841, Senate Print 5779, by Senator Serrano, an 

 7   act to amend Chapter 192 of the Laws of 2011.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   853, Senate Print 854, by Senator Montgomery, an 

22   act to amend the Executive Law and the State 

23   Finance Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               4274

 1                THE SECRETARY:   Section 3.  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, 57.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   862, Senate Print 4208A, by Senator Metzger, an 

13   act to amend the Executive Law.

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, 57.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               4275

 1                THE SECRETARY:   Calendar Number 

 2   879, by Senator Carlucci, Senate Print 5772, by 

 3   Senator Carlucci, an act to amend the Mental 

 4   Hygiene Law and the Executive Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect on the 30th day after it 

 9   shall have become a law.  

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 57.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   880, Senate Print 2590, by Senator 

20   Stewart-Cousins, an act to amend the 

21   Executive Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

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


                                                               4276

 1   shall have become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                Senator Gianaris, that completes the 

11   reading of today's calendar.

12                SENATOR GIANARIS:   Mr. President, 

13   can we return to motions and resolutions.  

14                On behalf of Senator Skoufis, on 

15   page 47 I offer the following amendments to 

16   Calendar 786, Senate Print 1662, and ask that 

17   said bill retain its place on the Third Reading 

18   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.

23                SENATOR GIANARIS:   On behalf of 

24   Senator Carlucci, on page 86 I offer the 

25   following amendments to Calendar 878, Senate 


                                                               4277

 1   Print 5637, and ask that said bill retain its 

 2   place on Third Reading Calendar.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on the Third Reading Calendar.

 6                SENATOR GIANARIS:   Can we now 

 7   proceed to the reading of the supplemental 

 8   calendar, please.

 9                ACTING PRESIDENT MAYER:   The 

10   Secretary will read.  

11                THE SECRETARY:   Calendar Number 

12   991, Senate Print 179, by Senator Serrano, an act 

13   to amend the Education Law.

14                ACTING PRESIDENT MAYER:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT MAYER:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT MAYER:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 991, voting in the negative:  Senator 

25   Griffo.


                                                               4278

 1                Ayes, 56.  Nays, 1.

 2                ACTING PRESIDENT MAYER:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   992, Senate Print 222B, by Senator Benjamin, an 

 6   act to amend the Social Services Law.

 7                ACTING PRESIDENT MAYER:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 180th day after it 

11   shall have become a law.

12                ACTING PRESIDENT MAYER:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT MAYER:   Senator 

16   Benjamin to explain his vote.

17                SENATOR BENJAMIN:   Thank you, 

18   Madam President.  

19                I want to thank our leader, 

20   Senator Andrea Stewart-Cousins, for helping to 

21   bring this bill to the floor.  

22                I also want to thank Senator 

23   Velmanette Montgomery for bringing this to her 

24   committee.  

25                There are a couple of activists I 


                                                               4279

 1   want to thank who played an important role in 

 2   this bill coming to the floor today:  New 

 3   Sanctuary Coalition and Executive Director Ravi 

 4   Ragbir; Interfaith Center of New York and 

 5   Executive Director Dr. Chloe Breyer; New York 

 6   State Council of Churches and Executive Director 

 7   Peter Cook; Union Seminary and Jonathan Soto; 

 8   Park Avenue Christian Church and Senior Minister 

 9   Pastor Kaji Dousa; Micah Institute and Dr. Diane 

10   Steinman; Interfaith Assembly on Homelessness & 

11   Housing, Executive Director Marc Greenberg; Meryl 

12   Lynn Ranzer, from the New Sanctuary Coalition; 

13   Assemblyman Harvey Epstein, who's carrying this 

14   in the Assembly; Judson Memorial Church and 

15   Senior Minister Donna Schaper; Rabbi Josh 

16   Stanton, senior rabbi at East End Temple; and 

17   Mary-Elizabeth Dooner, from the Junior League of 

18   New York.  

19                As you can see, there are a number 

20   of activists who have been a part of helping 

21   bring this bill to the floor.  

22                You know, I got involved in this 

23   conversation because last year it came to my 

24   attention that a nine-month-old young boy was 

25   sent from the border at Texas, forcibly separated 


                                                               4280

 1   from his parents, put on a bus and sent to my 

 2   district.  Forcibly separated from his parents at 

 3   the age of nine months.  

 4                I have a five-month-old, many of us 

 5   have young children.  There's nothing we wouldn't 

 6   do for our young children.  Unfortunately for 

 7   these immigrants, they left terror in Honduras 

 8   and came to some form of terror here.  

 9                And, you know, today we are saying 

10   in New York State we are going to hold any 

11   administration accountable for kids who are 

12   separated at the border, forcibly, and brought 

13   here.  

14                And so what this bill would do, the 

15   SCAR Act, it will basically make sure that any 

16   children who are in the custody of a facility 

17   that's licensed by OCFS, that we can get some 

18   basic information on how many children are here, 

19   how many were forcibly separated from their 

20   parents, how many were returned, and some other 

21   basic information.  

22                This is not to get into any 

23   particulars, because we understand with federal 

24   contracts you have to be very careful about 

25   particulars as relates to names and addresses.  


                                                               4281

 1   This is not about that.  This is really about 

 2   making sure that we can hold the federal 

 3   government accountable for decisions it's making 

 4   in other states.

 5                Recently the former Secretary of DHS 

 6   was either fired or left, I don't know exactly 

 7   what happened, but she was considered to be weak 

 8   on immigration and weak on the border.  That is 

 9   the reason why she was fired.  This was the same 

10   Secretary, Mrs. Nielsen, who oversaw and has 

11   overseen this federal policy.

12                And so the bottom line is we need 

13   this protection.  I think this bill will do that.  

14   I am honored to be carrying this bill.  I'm 

15   honored to be in New York State where we think 

16   it's important to fight for those who cannot 

17   fight for themselves.  And I proudly vote aye.

18                Thank you, Madam President.

19                ACTING PRESIDENT MAYER:   Senator 

20   Benjamin to be recorded in the affirmative.

21                Senator Ortt to explain his vote.

22                SENATOR ORTT:   Thank you, 

23   Madam President.  

24                I just rise to -- I too support this 

25   bill, probably for some different reasons than my 


                                                               4282

 1   colleague.  But I think it is important that we 

 2   are able to quantify children who are coming 

 3   across unaccompanied or children who are coming 

 4   to our country who end up in federal custody, 

 5   because I believe those numbers will be helpful 

 6   to bring some metrics to the crisis that is 

 7   happening at our southern border.  And it is a 

 8   crisis.  

 9                And so for those reasons I think 

10   data actually will be a good thing, and I think 

11   it actually helps buttress the arguments by the 

12   administration in Washington and by others who 

13   live along our southern border to identify the 

14   crisis that is happening on our southern 

15   border when you have children coming across with 

16   parents and in many cases coming across illegally 

17   and ending up on our shores.  

18                So for that reason, I support this 

19   measure.

20                ACTING PRESIDENT MAYER:   Senator 

21   Ortt to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 992, those Senators voting in the 

25   negative are Senators Akshar, Antonacci, Griffo 


                                                               4283

 1   and Jordan.

 2                Ayes, 53.  Nays, 4.

 3                ACTING PRESIDENT MAYER:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   993, Senate Print 1652A, by Senator Skoufis, an 

 7   act to amend the Public Health Law and the 

 8   Penal Law.

 9                ACTING PRESIDENT MAYER:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT MAYER:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT MAYER:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT MAYER:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   994, Senate Print 1658A, by Senator Skoufis, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT MAYER:   Read the 

25   last section.


                                                               4284

 1                THE SECRETARY:   Section 2.  This 

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

 3   shall have become a law.

 4                ACTING PRESIDENT MAYER:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT MAYER:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 994, those Senators voting in the 

11   negative are Senators Flanagan and Jacobs.  

12                Ayes, 55.  Nays, 2.

13                ACTING PRESIDENT MAYER:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   995, Senate Print 1867, by Senator Stavisky, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT MAYER:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of September.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               4285

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 995, voting in the negative:  

 4   Senator Ortt.

 5                Ayes, 56.  Nays, 1.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   996, Senate Print 2248, by Senator Sanders, an 

10   act to create a veterans' mental health and 

11   suicide prevention task force.

12                ACTING PRESIDENT MAYER:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 60th day after it 

16   shall have become a law.

17                ACTING PRESIDENT MAYER:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT MAYER:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT MAYER:   The bill 

24   is passed.

25                There is a substitution at the desk.


                                                               4286

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Kaplan 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 2493 and substitute it for 

 5   the identical Senate Bill 2424, Third Reading 

 6   Calendar 997.

 7                ACTING PRESIDENT MAYER:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   997, Assembly Print 2493, by Assemblymember 

12   Lavine, an act to amend the Tax Law.

13                ACTING PRESIDENT MAYER:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT MAYER:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT MAYER:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT MAYER:   The bill 

24   is passed.

25                There is a substitution at the desk.  


                                                               4287

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Savino 

 3   moves to discharge, from the Committee on 

 4   Finance, Assembly Bill Number 4268 and substitute 

 5   it for the identical Senate Bill 2659, Third 

 6   Reading Calendar 998.

 7                ACTING PRESIDENT MAYER:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   998, Assembly Print Number 4268, by 

12   Assemblymember Hevesi, an act to amend the 

13   Social Services Law.

14                ACTING PRESIDENT MAYER:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 180th day after it 

18   shall have become a law.

19                ACTING PRESIDENT MAYER:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT MAYER:   Senator 

23   Ortt to explain his vote.

24                SENATOR ORTT:   Yes, thank you, 

25   Madam President.  


                                                               4288

 1                I'm going to be voting no on this 

 2   bill.  And I know some people would look at this 

 3   and think, what's wrong with this?  

 4                The challenge right now we have in 

 5   our direct service professional community is one 

 6   of retention.  You already have folks who are 

 7   significantly underpaid in most areas, and my 

 8   concern is adding an additional training 

 9   requirement that's fairly significant is going to 

10   further hurt retention.  

11                However noble the goal may be, I 

12   believe the effect will be less people wanting to 

13   do these jobs, making it more difficult for 

14   service providers to employ qualified individuals 

15   and thus making it sort of moot, because you'll 

16   have less people, fewer people who are able to 

17   provides these services to our most vulnerable 

18   populations in this state.

19                So at this current time, with all of 

20   the significant challenges facing providers and 

21   the DSP community, that is the reason, 

22   Madam President, I will be voting nay.

23                ACTING PRESIDENT MAYER:   Senator 

24   Ortt to be recorded in the negative.

25                Announce the results.


                                                               4289

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 998, those Senators voting in the 

 3   negative are Senators Jacobs, O'Mara and Ortt.

 4                Ayes, 54.  Nays, 3.

 5                ACTING PRESIDENT MAYER:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   999, Senate Print 2724, by Senator Krueger, an 

 9   act to amend the Agriculture and Markets Law.

10                SENATOR GIANARIS:   Lay it aside for 

11   the day.

12                ACTING PRESIDENT MAYER:   The bill 

13   is laid aside for the day.

14                THE SECRETARY:   Calendar Number 

15   1000, Senate Print 2792A, by Senator Comrie, an 

16   act to amend the Vehicle and Traffic Law.

17                ACTING PRESIDENT MAYER:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect on the 180th day after it 

21   shall have become a law.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               4290

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1000, voting in the negative:  Senator 

 4   Akshar.  

 5                Ayes, 56.  Nays, 1.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1001, Senate Print 3059, by Senator Addabbo, an 

10   act to amend the Alcoholic Beverage Control Law.

11                SENATOR GIANARIS:   Lay it aside for 

12   the day, please.

13                ACTING PRESIDENT MAYER:   The bill 

14   is laid aside for the day.

15                THE SECRETARY:   Calendar Number 

16   1002, Senate Print 3420, by Senator Savino, an 

17   act to amend the Social Services Law.

18                ACTING PRESIDENT MAYER:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect April 1, 2020.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Announce 


                                                               4291

 1   the results.

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT MAYER:   The bill 

 4   is passed.

 5                There is a substitution at the desk.  

 6                The Secretary will read.

 7                THE SECRETARY:   Senator Salazar 

 8   moves to discharge, from the Committee on 

 9   Housing, Construction and Community Development, 

10   Assembly Bill Number 5841A and substitute it for 

11   the identical Senate Bill 3655B, Third Reading 

12   Calendar 1003.

13                ACTING PRESIDENT MAYER:    

14   Substitution so ordered.  

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1003, Assembly Print 5841A, by Assemblymember 

18   Glick, an act to amend the Multiple Dwelling Law.

19                ACTING PRESIDENT MAYER:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT MAYER:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4292

 1                ACTING PRESIDENT MAYER:   Senator 

 2   Gianaris to explain his vote.

 3                SENATOR GIANARIS:   Thank you, 

 4   Madam President.  

 5                The sponsor of this bill -- oh, has 

 6   just arrived.  I was going to speak on her behalf 

 7   on this important piece of legislation that is 

 8   going to provide protections for numerous people 

 9   who are facing evictions as we speak.  It is a 

10   critically important step we're taking to help 

11   preserve people's homes.  

12                And seeing that Senator Salazar is 

13   now here, I will vote in the affirmative and 

14   allow her to speak further on the bill.

15                ACTING PRESIDENT MAYER:   Senator 

16   Gianaris to be recorded in the affirmative.

17                Senator Salazar to explain her vote.

18                SENATOR SALAZAR:   Thank you, 

19   Madam President.

20                I first just want to thank Senator 

21   Kavanagh, who couldn't be here today because he's 

22   attending a funeral of a dear friend back in the 

23   city.  Senator Kavanagh and Senate counsel 

24   dedicated exceptional time and effort to this 

25   legislation with me over the last several months.


                                                               4293

 1                I also want to thank the many 

 2   community members in North Brooklyn who 

 3   deliberated over the Loft Law issue extensively, 

 4   including the many loft tenants who have spent 

 5   years fighting to stay in their homes and to 

 6   secure rights for other tenants as well.

 7                Together we've sought to finally 

 8   address a problem that has seemed intractable at 

 9   times, in an effort to protect tenants while also 

10   preserving our communities.

11                The work is still incomplete, but 

12   I'm looking forward to continuing to fight 

13   alongside our community and with these tenants.  

14   And I proudly vote aye.

15                ACTING PRESIDENT MAYER:   Senator 

16   Salazar to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar 1003, those Senators voting in the 

20   negative are Senators Akshar, Amedore, Antonacci, 

21   Flanagan, Gallivan, Griffo, Helming, Jacobs, 

22   Jordan, O'Mara, Ortt, Ranzenhofer, Robach and 

23   Serino.  Also Senator Tedisco.

24                Ayes, 42.  Nays, 15.

25                ACTING PRESIDENT MAYER:   The bill 


                                                               4294

 1   is passed.  

 2                (Applause, cheering from the 

 3   gallery.)  

 4                THE SECRETARY:   Calendar Number 

 5   1004, Senate Print 3669, by Senator Gianaris, an 

 6   act to amend the Public Authorities Law.

 7                ACTING PRESIDENT MAYER:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT MAYER:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT MAYER:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1004, those Senators voting in 

18   the negative are Senators Akshar, Amedore, 

19   Antonacci, Flanagan, Gallivan, Griffo, Helming, 

20   Jacobs, Jordan, Ortt, O'Mara, Ranzenhofer, 

21   Robach, Serino and Tedisco.

22                Ayes, 42.  Nays, 15.

23                ACTING PRESIDENT MAYER:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4295

 1   1007, Senate Print 4172, by Senator Martinez, an 

 2   act to amend the Public Authorities Law.

 3                SENATOR GIANARIS:   Lay it aside for 

 4   the day.

 5                ACTING PRESIDENT MAYER:   The bill 

 6   is laid aside for the day.

 7                There is a substitution at the desk.  

 8                The Secretary will read.

 9                THE SECRETARY:   Senator Salazar 

10   moves to discharge, from the Committee on 

11   Social Services, Assembly Bill Number 4258 and 

12   substitute it for the identical Senate Bill 4339, 

13   Third Reading Calendar 1008.

14                ACTING PRESIDENT MAYER:   The 

15   substitution is so ordered.  

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1008, Assembly Print 4258, by Assemblymember 

19   Hevesi, an act to amend the Social Services Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT MAYER:   Call the 

25   roll.


                                                               4296

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT MAYER:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1008, voting in the negative:  Senator 

 6   Akshar.

 7                Ayes, 56.  Nays, 1.

 8                ACTING PRESIDENT MAYER:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1009, Senate Print 4363, by Senator Gaughran, an 

12   act to amend the Highway Law.

13                ACTING PRESIDENT MAYER:   There is a 

14   home-rule message at the desk.

15                Read the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT MAYER:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT MAYER:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT MAYER:   The bill 

25   is passed.


                                                               4297

 1                THE SECRETARY:   Calendar Number 

 2   1010, Senate Print 4490, by Senator Gounardes, an 

 3   act to amend the Public Authorities Law.

 4                ACTING PRESIDENT MAYER:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 30th day after it 

 8   shall have become a law.

 9                ACTING PRESIDENT MAYER:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT MAYER:   Senator 

13   Antonacci to explain his vote.

14                SENATOR ANTONACCI:   Thank you, 

15   Madam President.  

16                I vote yes not because I live in 

17   Brooklyn or take the bridge, but because I have a 

18   similar situation in my district.  Between Exit 

19   34A and Exit 39 in Syracuse, it's heavily 

20   commuted by local residents that need toll 

21   relief.  

22                Unfortunately, a couple of years ago 

23   when this body passed a bill similar to this, the 

24   Governor vetoed it.  I would urge my colleagues 

25   to stay vigilant on this issue, make sure it's in 


                                                               4298

 1   the budget, make sure we allocate the funds 

 2   necessary for local toll relief across the 

 3   state -- not just in New York City, not just in 

 4   Syracuse or Buffalo -- because our local people 

 5   need to use these roads without the burdensome 

 6   tolls.  

 7                So I will be voting yes.  Thank you, 

 8   Madam President.

 9                ACTING PRESIDENT MAYER:   Senator 

10   Antonacci to be recorded in the affirmative.

11                Senator Gounardes to explain his 

12   vote.

13                SENATOR GOUNARDES:   Thank you.  

14   This is my bill, and I am incredibly proud that 

15   it's coming up to the floor today for a vote.  

16                You know, the Verrazano Bridge is 

17   the most expensive toll bridge in the country.  

18   We just raised the toll to $19, cash toll.

19                My district abuts the Verrazano 

20   Bridge, and many, many, many of my constituents 

21   who don't work in Manhattan and don't work in 

22   other parts of the city, who don't go to school 

23   in Manhattan or other parts of the city or the 

24   borough, they have to travel that bridge every 

25   single day to go to school, to go to work, to go 


                                                               4299

 1   visit family members.  And every time they cross, 

 2   they get hit with a $19 cash toll every single 

 3   time they go across.  Or if they have E-ZPass, 

 4   they get a slight discount.  

 5                We have a discount program for 

 6   residents on Staten Island who have to leave the 

 7   island to come to Brooklyn or other parts of the 

 8   city, but we don't have any reciprocity going the 

 9   other way.  That's why this bill is so important 

10   to the residents of my district and the residents 

11   of all of New York City, frankly, who are subject 

12   to that really outrageously, criminally high 

13   toll.  

14                Thank you, Senator Antonacci.  I 

15   agree with you, we need to keep focused on this.  

16   We need to find toll relief.  We need to make 

17   sure that we find the funds that we can make sure 

18   that we give our residents, our constituents toll 

19   relief.  Nineteen dollars is highway robbery, and 

20   it's time that we fixed that.

21                Thank you.

22                ACTING PRESIDENT MAYER:   Senator 

23   Gounardes to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               4300

 1   Calendar Number 1010, those Senators voting in 

 2   the negative are Senators Griffo and Ortt.

 3                Ayes, 55.  Nays, 2.

 4                ACTING PRESIDENT MAYER:   The bill 

 5   is passed.

 6                There is a substitution at the desk.  

 7                The Secretary will read.

 8                THE SECRETARY:   Senator Sanders 

 9   moves to discharge, from the Committee on Health, 

10   Assembly Bill Number 407 and substitute it for 

11   the identical Senate Bill 4583, Third Reading 

12   Calendar 1012.

13                ACTING PRESIDENT MAYER:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1012, Assembly Print Number 407, by 

18   Assemblymember Cahill, an act to amend the 

19   Public Health Law.

20                ACTING PRESIDENT MAYER:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT MAYER:   Call the 


                                                               4301

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT MAYER:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT MAYER:   The bill 

 7   is passed.

 8                There is a substitution at the desk.  

 9                The Secretary will read.

10                THE SECRETARY:   Senator Sanders 

11   moves to discharge, from the Committee on 

12   Finance, Assembly Bill Number 1068 and substitute 

13   it for the identical Senate Bill 4650, 

14   Third Reading Calendar 1013.

15                ACTING PRESIDENT MAYER:   The 

16   substitution is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1013, Assembly Print Number 1068, by 

20   Assemblymember Rosenthal, an act to amend the 

21   Mental Hygiene Law.

22                ACTING PRESIDENT MAYER:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4302

 1                ACTING PRESIDENT MAYER:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MAYER:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT MAYER:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1015, Senate Print 5066A, by Senator Krueger, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT MAYER:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT MAYER:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT MAYER:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT MAYER:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1016, Senate Print 5286, by Senator Skoufis, an 


                                                               4303

 1   act to amend the Retirement and Social Security 

 2   Law.

 3                ACTING PRESIDENT MAYER:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on January 1, 2020.

 7                ACTING PRESIDENT MAYER:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT MAYER:   Announce 

11   the results.

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT MAYER:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1018, Senate Print 6208, by Senator Jackson, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT MAYER:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT MAYER:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT MAYER:   Senator 


                                                               4304

 1   Jackson to explain his vote.

 2                SENATOR JACKSON:   Thank you, 

 3   Madam President and my colleagues.  I rise in 

 4   order to explain my vote for this bill.  

 5                For 30 years, starting in 1979, 

 6   employee protection provisions, commonly referred 

 7   to as EPPs, were a standard provision of New York 

 8   City Department of Education school bus 

 9   contracts.  These EPPs gave priority to hiring 

10   school bus drivers and bus attendants whose bus 

11   companies had lost DOE contract work, and 

12   mandated rehiring them at the same wage and 

13   benefits they had enjoyed previously.

14                In 2011 a court ruling invalidated 

15   EPPs.  In response, school bus workers held a 

16   strike in early 2013, and further labor unrest 

17   rocked New York's school bus service in 2017.

18                This bill will put to rest a dispute 

19   over EPPs by enshrining them into law.  The New 

20   York City Department of Education will be 

21   required to include EPPs in all contracts with 

22   school bus workers.  

23                These hardworking men and women are 

24   often the first people outside their home to 

25   greet our school-age children.  They are the ones 


                                                               4305

 1   who make sure our kids make it back home safely 

 2   at the end of the school day.  They deserve the 

 3   dignity that EPPs afford.  

 4                Our mayor, Mayor de Blasio, supports 

 5   this measure.  Chancellor Carranza supports it.  

 6   And I am proud to support it before you today.  

 7   We have the opportunity this afternoon to protect 

 8   an experienced and vital workforce of bus drivers 

 9   and bus attendants, and I hope you will do the 

10   same by joining me by voting aye.  

11                Thank you, Madam President.

12                ACTING PRESIDENT MAYER:   Thank you.  

13                Senator Jackson to be recorded in 

14   the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1018, voting in the negative:  

18   Senator Jacobs.

19                Ayes, 56.  Nays, 1.

20                ACTING PRESIDENT MAYER:   The bill 

21   is passed.

22                Senator Gianaris, that completes the 

23   reading of today's calendar.

24                SENATOR GIANARIS:   Madam President, 

25   can you please call an immediate meeting of the 


                                                               4306

 1   Committee on Labor in Room 124.

 2                ACTING PRESIDENT MAYER:   There will 

 3   be an immediate meeting of the Labor Committee in 

 4   Room 124.

 5                SENATOR GIANARIS:   And can you now 

 6   recognize Senator Jordan for an introduction.

 7                ACTING PRESIDENT MAYER:   Senator 

 8   Jordan for an introduction.

 9                SENATOR JORDAN:   Yes, hi.  Thank 

10   you, Madam President.

11                I'm very happy to introduce a 

12   special group of school students that are here 

13   today visiting.  They're the fourth grade from 

14   the Walter B. Howard Elementary School in the 

15   New Lebanon School District.  

16                They are fortunate to live close to 

17   Albany, as are most of the students in my 43rd 

18   Senate District, that they are able to come and 

19   visit the Capitol and see the Senate and the 

20   Assembly and ask questions of their legislators.  

21                I get several schools every week 

22   coming to visit, and they ask good questions.  

23   And I'm anxious to talk to these students after 

24   we get out of here today.  They are very 

25   inquisitive, and most of them are interested in 


                                                               4307

 1   serving their government someday.

 2                So welcome.

 3                ACTING PRESIDENT MAYER:   Thank you.

 4                To our students up there in the 

 5   gallery, welcome to the Senate.  Thank you for 

 6   waving at us.  We extend to you the privileges 

 7   and courtesies of this house.  Please rise and be 

 8   recognized.

 9                (Standing ovation.)  

10                ACTING PRESIDENT MAYER:   Senator 

11   Gianaris.

12                SENATOR GIANARIS:   Madam President, 

13   returning to motions, on behalf of Senator 

14   Krueger, on page 1 I offer the following 

15   amendments to Calendar 999, Senate Print 2724, 

16   and ask that said bill retain its place on 

17   Third Reading Calendar.

18                ACTING PRESIDENT MAYER:   The 

19   amendments are received, and the bill will retain 

20   its place on Third Reading Calendar.

21                SENATOR GIANARIS:   Also on behalf 

22   of Senator Krueger, on page 21 I offer the 

23   following amendments to Calendar 219, Senate 

24   Print 2455, and ask that said bill retain its 

25   place on Third Reading Calendar.


                                                               4308

 1                ACTING PRESIDENT MAYER:   The 

 2   amendments are received, and the bill will retain 

 3   its place on Third Reading Calendar.

 4                SENATOR GIANARIS:   At this time, 

 5   Madam President, the Senate is going to stand at 

 6   ease pending the return of the Finance Committee, 

 7   at which time we will take up the nominations 

 8   that they will be moving to the floor.  

 9                So to my colleagues, please stay and 

10   in and around the chamber.

11                ACTING PRESIDENT MAYER:   The Senate 

12   will stand at ease pending the return of the 

13   Finance Committee.

14                (Whereupon, the Senate stood at ease 

15   at 1:25 p.m.)

16                (Whereupon, the Senate reconvened at 

17   2:05 p.m.)

18                ACTING PRESIDENT BENJAMIN:   The 

19   Senate will return to order.

20                Senator Serrano.

21                SENATOR SERRANO:   Thank you, 

22   Mr. President.  

23                Would you please call on 

24   Senator Montgomery for an introduction.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4309

 1   Montgomery for an introduction.

 2                SENATOR MONTGOMERY:   Thank you, 

 3   Mr. President.

 4                I am very, very proud today to have 

 5   a group of young women who are visiting their 

 6   Capitol to see what happens in the City of 

 7   Albany, which is the capital of New York State.  

 8                These young women are from the -- 

 9   what I consider the Women's Building in Brooklyn.  

10   It's the YWCA of Brooklyn.  So we are joined by 

11   those young women who come in and out of that 

12   building every day, as many of us who are now in 

13   various places in government grew up, sort of, in 

14   that building politically.  So this is the next 

15   generation of women who are going to be the 

16   ones -- the leadership group in our state.

17                We're joined by the executive 

18   director of the Women's Building, the YWCA of 

19   Brooklyn.  Martha Kamber, who is the CEO, is here 

20   today with us.  

21                And we're also happily joined by 

22   Yvette Buckner, who is one of the state board 

23   members of the YWCA.  Thank you, Ms. Buckner, for 

24   being with us today.

25                And someone who is just certainly a 


                                                               4310

 1   busy, busy, unbelievably great person who works 

 2   with these young women, who has brought them here 

 3   today -- Rolanda Telesford is also with us today.

 4                So we thank you.  We thank you, the 

 5   leaders who have made it possible for us to enjoy 

 6   seeing these young women and hosting them today, 

 7   and certainly those young people who are in the 

 8   balcony now.  We expect that one day you will be 

 9   sitting down here on the floor in one of these 

10   chairs with your name on the back and the number 

11   of your district in front of your desk.  That's 

12   what happens here.  

13                And as you can see, some of the 

14   young men here and women here came through the 

15   process that you're engaged in now.  So we thank 

16   you for taking the time to come.  We know it's 

17   very difficult for young people to take time out 

18   of their lives to come and see older people talk.  

19                (Laughter.)

20                SENATOR MONTGOMERY:   But just so 

21   that you know, so that you know, it is important.  

22   Because what goes on here impacts each of your 

23   lives.  And we are here every day to hopefully be 

24   part of building a world that you will be able to 

25   take over and continue the work that we have 


                                                               4311

 1   begun here.

 2                So thank you, Mr. President.  And I 

 3   would ask my colleagues to join me in really 

 4   celebrating these young women, if you don't mind.

 5                Thank you.

 6                ACTING PRESIDENT BENJAMIN:   To our 

 7   guests from the YWCA of Brooklyn, I welcome you 

 8   on behalf of the Senate.  Please rise and be 

 9   recognized.

10                (Standing ovation.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Serrano.

13                SENATOR SERRANO:   Thank you, 

14   Mr. President.  Can we stand at ease.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Senate will stand at ease.

17                SENATOR SERRANO:   Thank you.  

18                (Whereupon, the Senate stood at ease 

19   at 2:09 p.m.)

20                (Whereupon, the Senate reconvened at 

21   4:45 p.m.)

22                ACTING PRESIDENT BENJAMIN:   The 

23   Senate will return to order.

24                Senator Krueger.

25                SENATOR KRUEGER:   Thank you.  


                                                               4312

 1                Please return to reports of standing 

 2   committees, as I believe there is a report of the 

 3   Finance Committee at the desk.  

 4                We are going take up five of the 

 5   nominations from that report, so please have the 

 6   Secretary read these five nominations and 

 7   recognize me on the nominations.

 8                ACTING PRESIDENT BENJAMIN:   We will 

 9   return to reports of standing committees.  

10                There is a report of the Finance 

11   Committee at the desk.  

12                The Secretary will read.

13                THE SECRETARY:   Senator Krueger, 

14   from the Committee on Finance, reports the 

15   following nomination:  Guillermo Linares, 

16   president and CEO of Higher Education Services 

17   Corporation.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Krueger.

20                SENATOR KRUEGER:   Why don't we do 

21   all five together.

22                ACTING PRESIDENT BENJAMIN:   The 

23   Secretary will read.

24                THE SECRETARY:   Angela Fernandez, 

25   commissioner of the Division of Human Rights; 


                                                               4313

 1   Allen Riley, member, State Commission of 

 2   Correction; Erik Kulleseid, commissioner of 

 3   State Parks, Recreation and Historic 

 4   Preservation; Carolyn Pokorny, inspector general, 

 5   Metropolitan Transportation Authority.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Krueger.

 8                SENATOR KRUEGER:   Thank you very 

 9   much.  

10                I'd like to just say, on behalf of 

11   the Finance Committee and myself, that we are 

12   honored to be taking up these five nominees 

13   today.  They're all extraordinary candidates for 

14   the positions that the Governor has offered them.  

15                And that the committees of the topic 

16   and the Finance Committee interviewed -- Senator 

17   Seward and I each interviewed each individually, 

18   and each one of the five people before us today 

19   are really extraordinary candidates for the 

20   positions they're going to serve in.

21                So I know that many people are at 

22   hearings or other places.  I would like you to 

23   open it up to anyone who would like to speak on 

24   any of the nominees.  But I will just urge that 

25   we move them all through today.


                                                               4314

 1                Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Rivera.

 4                SENATOR RIVERA:   Thank you, 

 5   Mr. President.

 6                Although I am certainly happy that 

 7   we are having this conversation in the middle of 

 8   the day and not at 2:00 a.m., it would be better 

 9   if we had them in a more timely fashion.  

10                But regardless, Senator Krueger was 

11   absolutely correct, this is an incredible group 

12   of people.  There are two folks in particular 

13   that I'd like to point out.  I will be voting up 

14   on all these nominations, but two in 

15   particular -- Dr. Guillermo Linares, first of 

16   all.  

17                He was, as many of you know, the 

18   first Dominican to be elected to any elected 

19   office in the entire country.  And he has 

20   continued to make the Dominican community proud, 

21   the Latino community proud, and New Yorkers 

22   proud.  And he will certainly continue to make us 

23   proud in this position.

24                And second, although I do not see 

25   her up there -- oh, she's over there.  I'm sorry.  


                                                               4315

 1   Now, it's Dr. Guillermo Linares and Angela 

 2   Fernandez, Esquire, who is nominated today to be 

 3   the commissioner for the Division of Human 

 4   Rights.  

 5                I have known this lady for over a 

 6   decade.  Her work in the field of law, in the 

 7   field of advocacy, in the field of education, in 

 8   the field of immigration rights is second to 

 9   none.  I think that she is a fantastic person to 

10   lead this agency.  

11                And particularly the fact that she 

12   is a woman of color doing so, leading one of the 

13   most important agencies in the State of New York, 

14   particularly at the time that we are living in 

15   right now, it is incredibly -- I'm incredibly 

16   proud to be able to know both of these 

17   individuals.  I'm incredibly proud to have them 

18   lead these important agencies in our state.  And 

19   I proudly vote yes in the affirmative on both of 

20   these nominations.  

21                Congratulations to everyone, but 

22   especially felicitaciones.

23                Thank you, Mr. President.  

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Stavisky on the nomination.


                                                               4316

 1                SENATOR STAVISKY:   Thank you, 

 2   Mr. President.  

 3                I too want to congratulate the 

 4   nominees.  We do have an unusually qualified and 

 5   competent group of people ready to lead the 

 6   various agencies in our state.  

 7                But I want to single out 

 8   Dr. Guillermo Linares, as Senator Rivera said.  

 9   He brings an unusual combination of talents to 

10   the position as president and CEO of the Higher 

11   Education Services Corporation.

12                Believe it or not, at one time while 

13   he was going to school he drove a taxi, which to 

14   me qualifies you for almost anything.  But he is 

15   an educator and an elected official, so he 

16   understands both the academic and the practical.  

17                And I think the Higher Education 

18   Services Corporation has -- although they've been 

19   so ably led by Elsa Magee for so many years, they 

20   have lacked a chief executive.  And I think 

21   Dr. Linares is going to take HESC into a new 

22   direction, particularly with the new scholarships 

23   that have been presented -- the Excelsior, for 

24   example -- as well as TAP, but I think a new 

25   direction, with creativity and imagination and 


                                                               4317

 1   sensitivity to the needs of our student 

 2   population.

 3                So I congratulate the entire Linares 

 4   family, who is here, and wish all of the nominees 

 5   well.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   May on the nominations.

 9                SENATOR MAY:   Thank you, 

10   Mr. President.

11                I just want to congratulate Allen 

12   Riley on his nomination for another term as 

13   commissioner.  He served as sheriff of 

14   Madison County and was beloved as the sheriff 

15   there.  He did a fantastic job.  His tenure there 

16   didn't overlap with mine as the Senator from 

17   Madison County, but I've heard only wonderful 

18   things about him.  

19                And so I'm very pleased that someone 

20   from our neck of the woods is being put in this 

21   position.  So thank you to the Finance Committee 

22   for passing him through, and I wish him the very 

23   best.

24                Thank you.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4318

 1   Metzger on the nominations.

 2                SENATOR METZGER:   Yes, I want to 

 3   congratulate all of our nominees.  

 4                And I would like to single Erik 

 5   Kulleseid, who I have known for some time.  He 

 6   has been such a champion of the protection of 

 7   open space in New York State for so long, has 

 8   done great work, and really recognizes the 

 9   incredible importance of our parks system to 

10   New York's economy, to the quality of life of 

11   New Yorkers, to our health and well-being, to our 

12   environment.  

13                And I so look forward to working 

14   with him in the coming years.  Thank you.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Bailey on the nominations.

17                SENATOR BAILEY:   Thank you, 

18   Mr. President.  

19                As the hour is somewhat late, I just 

20   wanted to thank Senator Krueger and the Finance 

21   Committee and Senator Seward also for going 

22   through the nominees with the appropriate depth 

23   with which we must consider the nominees of this 

24   gravity.  

25                I'd like to thank the Governor for 


                                                               4319

 1   introducing qualified nominees who are  

 2   reflecting what New York looks like more and more 

 3   in diversity, in race, creed, color and gender, 

 4   and also in ability.

 5                So thank you all for being great 

 6   stewards in public service, and I look forward to 

 7   working with all of you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Biaggi on the nominations.

10                SENATOR BIAGGI:   Thank you, 

11   Mr. President.  

12                I too rise to congratulate all of 

13   our nominees today.  And I want to also single 

14   out Angela Fernandez, who sat through many of our 

15   questions.  There were a lot of them.  You 

16   listened to us, and you answered them in a way 

17   that I really feel excited about, actually.  

18                So I look forward to working with 

19   all of you, especially to Angela, because as we 

20   all know, the Division of Human Rights is the 

21   agency that will administer the policies and 

22   procedures and statutes that are on the subject 

23   matter of sexual harassment in the workplace.  

24                So thank you all.  Congratulations.  

25   We all look forward to working with you.


                                                               4320

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   question is on the nominations of Guillermo 

 3   Linares, as president and CEO of the Higher 

 4   Education Services Corporation; Angela Fernandez, 

 5   as commissioner of the Division of Human Rights; 

 6   Allen Riley, as member of the State Commission of 

 7   Correction; Erik Kulleseid, as commissioner of 

 8   State Parks, Recreation and Historic 

 9   Preservation; Carolyn Pokorny, as inspector 

10   general of the Metropolitan Transportation 

11   Authority.

12                All in favor say aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT BENJAMIN:    

15   Opposed?  

16                (No response.)

17                ACTING PRESIDENT BENJAMIN:    

18   Guillermo Linares, as president and CEO of the 

19   Higher Education Services Corporation; Angela 

20   Fernandez, as commissioner of the Division of 

21   Human Rights; Allen Riley, as a member of the 

22   State Commission of Correction; Erik Kulleseid, 

23   as commissioner of State Parks, Recreation and 

24   Historic Preservation; and Carolyn Pokorny, as 

25   inspector general of the Metropolitan 


                                                               4321

 1   Transportation Authority, have been confirmed.

 2                (Standing ovation.)

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Krueger.

 5                SENATOR KRUEGER:   Is there any 

 6   further business at the desk?

 7                ACTING PRESIDENT BENJAMIN:   There 

 8   is no further business at the desk.

 9                SENATOR KRUEGER:   I move to adjourn 

10   until Monday, June 3rd, at 3:00 p.m., intervening 

11   days being legislative days.

12                ACTING PRESIDENT BENJAMIN:   On 

13   motion, the Senate stands adjourned until Monday, 

14   June 3rd, at 3:00 p.m., intervening days being 

15   legislative days.

16                (Whereupon, at 4:55 p.m., the Senate 

17   adjourned.)

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