Regular Session - February 5, 2020

                                                                   583

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 5, 2020

11                     11:40 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               584

 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, Tuesday, 

16   February 4, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, February 3, 

18   2020, 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 9, Senator 


                                                               585

 1   May moves to discharge, from the Committee on 

 2   Rules, Assembly Bill Number 9061 and substitute 

 3   it for the identical Senate Bill 7163, Third 

 4   Reading Calendar 87.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 9, 

 8   Senator Parker moves to discharge, from the 

 9   Committee on Rules, Assembly Bill Number 8988 and 

10   substitute it for the identical Senate Bill 7179, 

11   Third Reading Calendar 103.

12                ACTING PRESIDENT BENJAMIN:   The 

13   substitution is so ordered.

14                THE SECRETARY:   On page 9, 

15   Senator Kaplan moves to discharge, from the 

16   Committee on Rules, Assembly Bill Number 8957 and 

17   substitute it for the identical Senate Bill 7188, 

18   Third Reading Calendar 112.  

19                ACTING PRESIDENT BENJAMIN:    

20   Substitution so ordered.

21                THE SECRETARY:   On page 10, Senator 

22   Mayer moves to discharge, from the Committee on 

23   Rules, Assembly Bill Number 8999 and substitute 

24   it for the identical Senate Bill 7196, Third 

25   Reading Calendar 120.


                                                               586

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   substitution is so ordered.

 3                THE SECRETARY:   On page 16, Senator 

 4   Myrie moves to discharge, from the Committee on 

 5   Rules, Assembly Bill Number 9001 and substitute 

 6   it for the identical Senate Bill 7309, Third 

 7   Reading Calendar 201.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                Messages from the Governor.

11                Reports of standing committees.

12                Reports of select committees.

13                Communications and reports from 

14   state officers.

15                Motions and resolutions.

16                Senator Gianaris.

17                SENATOR GIANARIS:   Mr. President, 

18   at this time can we begin by taking up the 

19   reading of the calendar.

20                ACTING PRESIDENT BENJAMIN:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 10, 

23   Senate Print 6931, by Senator Breslin, an act to 

24   amend the Insurance Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               587

 1   the last section.

 2                THE SECRETARY:   Section 6.  This 

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

 4   same manner as a chapter of the Laws of 2019.

 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:   In relation to 

11   Calendar Number 10, voting in the negative:  

12   Senator Akshar.  

13                Ayes, 56.  Nays, 1.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 87, 

17   Assembly Print Number 9061, substituted earlier 

18   by Assemblymember Weprin, an act to amend the 

19   Correction Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

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

24   same manner as a chapter of the Laws of 2019.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               588

 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   103, Assembly Print Number 8988, substituted 

10   earlier by Assemblymember Vanel, an act to amend 

11   a chapter of the Laws of 2019.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

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

16   same manner as a chapter of the Laws of 2019.

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:   With respect to 

23   Calendar Number 103, voting in the negative:  

24   Senator Seward.

25                Ayes, 56.  Nays, 1.


                                                               589

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   105, Senate Print 7181, by Senator Breslin, an 

 5   act to amend the Financial Services Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

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

10   same manner as a chapter of the Laws of 2019.

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                THE SECRETARY:   Calendar Number 

20   109, Senate Print 7185, by Senator Carlucci, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

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


                                                               590

 1   same manner as a chapter of the Laws of 2019.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Carlucci to explain his vote.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.

 9                There's not a day that goes by that 

10   I don't hear the concerns of the residents in my 

11   district that are complaining about the costs of 

12   healthcare.  

13                The legislation that we have before 

14   us is named after a young girl named Dream 

15   Shepherd, who unfortunately was born with sickle 

16   cell disease, and at the age of five years old 

17   she experienced a stroke.  And in an effort to 

18   save her life, she underwent experimental 

19   treatment of a stem cell transplant.  

20   Miraculously, that ultimately has changed her 

21   life, and she's in remission.  But it was a long 

22   journey since that operation and since she was 

23   discharged from the hospital.  

24                In the hospital she was hooked up to 

25   a central venous line, which in New York State 


                                                               591

 1   only a registered nurse can touch the central 

 2   venous line.  Once she's discharged from the 

 3   hospital, the doctor is saying you need that 

 4   central venous line, but, however, you're on your 

 5   own.

 6                The legislation that we passed and 

 7   we're now amending this year said that when 

 8   you're discharged from the hospital and a doctor 

 9   prescribes a remedy, that that has to be covered 

10   by insurance.  What was happening in Dream's case 

11   was her mother was responsible for monitoring and 

12   cleaning and maintaining the central venous line.  

13                Unfortunately, every year in the 

14   United States over 80,000 Americans develop a 

15   blood infection, a bloodstream infection because 

16   their central venous line is not well maintained.  

17   Out of those 80,000 people, approximately 28,000 

18   pass away, they die from that serious infection.  

19                We know that a chain is only as 

20   strong as its weakest link, and that's how we 

21   have to think about healthcare -- that we could 

22   provide this state-of-the-art procedure, have the 

23   best doctors in the world in the hospital, but 

24   once you're discharged, if we don't follow the 

25   plan that the doctor has put in place, then we're 


                                                               592

 1   failing our part.  

 2                And we know that by mandating that 

 3   the insurance companies and not the bureaucrat -- 

 4   or that the insurance companies have to follow 

 5   the doctor's orders, we will save lives, improve 

 6   our healthcare system, and make it stronger.  

 7                So the legislation before us today 

 8   expands Dream's Law and says that not only 

 9   central venous lines will have to be maintained 

10   by a professional, but any of the procedures that 

11   a doctor requires in that discharge will have to 

12   be covered under insurance.  This is a step in 

13   the right direction in lowering the cost of 

14   healthcare and making sure that we have better 

15   outcomes overall.  

16                I want to thank Dream Shepherd and 

17   her mother for fighting and pushing forward and 

18   saying what was wrong, and fixing the system for 

19   everyone that will come after them.  

20                Thank you so much to all my 

21   colleagues for supporting this legislation.  

22   Let's continue to work together to lower the 

23   price of healthcare here in New York State, and 

24   let's be a model for the rest of the nation to 

25   follow.


                                                               593

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Carlucci to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   110, Senate Print 7186, by Senator Kaplan, an act 

10   to amend the Alcoholic Beverage Control Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

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

15   same manner as a chapter of the Laws of 2019.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Borrello to explain his vote.

21                SENATOR BORRELLO:   Thank you, 

22   Mr. President.

23                This is a great bill, in my opinion.  

24   I want to thank the sponsor for this, as someone 

25   who's been involved in the retail and wholesale 


                                                               594

 1   business in the hospitality industry for years.  

 2                We are seeing, obviously, the 

 3   explosive growth of craft breweries in our state.  

 4   There are many in my district.  And one of the 

 5   problems you have when you're in a small business 

 6   like that is access to the wholesale market.  

 7                We have many, many small brewers 

 8   that are able to directly deal with restaurants 

 9   and other retailers as a result, but this limit 

10   is really quite small.  So increasing the limit 

11   here for them is going to give more access to 

12   more small businesses to sell directly to other 

13   small businesses who are often shut out of the 

14   wholesale process by the big, big beer companies 

15   and others.  

16                So this is a great thing for small 

17   business.  I'm glad we've increased this.  And 

18   I'm proud to support this, and I vote aye.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Borrello to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               595

 1   112, Assembly Print 8957, substituted earlier by 

 2   Assemblymember Hunter, an act to amend the 

 3   Executive Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

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

 8   same manner as a chapter of the Laws of 2019.

 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, 58.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   114, Senate Print 7190, by Senator Rivera, an act 

19   to amend the Social Services Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

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

24   same manner as a chapter of the Laws of 2019.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               596

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   117, Senate Print 7193, by Senator Kaplan, an act 

10   to amend the Executive Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   120, Assembly Print 8999, substituted earlier by 

25   Assemblymember Galef, an act to amend the 


                                                               597

 1   Election Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   same manner as a chapter of the Laws of 2019.

 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, 58.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   201, Assembly Number 9001, substituted earlier by 

17   Assemblymember Seawright, an act to amend the 

18   Election Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

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

23   same manner as a chapter of the Laws of 2019.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               598

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 201, those Senators voting in the 

 6   negative are Senators Akshar, Amedore, Griffo and 

 7   Ranzenhofer.

 8                Ayes, 54.  Nays, 4.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   203, Senate Print 7311, by Senator Kennedy, an 

13   act to amend the Labor Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

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

18   same manner as a chapter of the Laws of 2019.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 203, those Senators voting in the 


                                                               599

 1   negative are Senators Ranzenhofer and Seward.

 2                Ayes, 56.  Nays, 2.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   255, Senate Print 6897A, by Senator Salazar, an 

 7   act to amend the Executive Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Salazar to explain her vote.

17                SENATOR SALAZAR:   Thank you, 

18   Mr. President.

19                I cannot stress enough the urgency 

20   of making the 2020 census participation more 

21   accessible.  The stakes are very high, especially 

22   for hard-to-count communities, including 

23   immigrant communities, communities of color such 

24   as those that I represent.  But truly the stakes 

25   are high for all New Yorkers if there is an 


                                                               600

 1   undercount, as we've seen in previous censuses.  

 2                There are vast resources and 

 3   representation at the federal level at stake if 

 4   we fail to get a full census count.  All of us 

 5   should be concerned about potentially losing 

 6   congressional seats in our state, but especially 

 7   those of us whose communities are already 

 8   underrepresented.  

 9                The action we're taking today is 

10   necessary given that over 113,000 New Yorkers 

11   speak a language at home that the Census Bureau 

12   does not provide language support for.  Today 

13   we're choosing to do everything we responsibly 

14   can to count those people and to count nearly a 

15   quarter of all New Yorkers who did not respond to 

16   the last census in 2010.  

17                I want to thank our Majority Leader 

18   for prioritizing this issue, along with two other 

19   census bills that we're passing today.

20                Thank you.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Salazar to be recorded in the affirmative.

23                Senator May to explain her vote.

24                SENATOR MAY:   Thank you, 

25   Mr. President.


                                                               601

 1                I also want to rise to thank Senator 

 2   Salazar, to thank the leader, to thank the 

 3   sponsors of the next two bills, because on this 

 4   day of all days it is so important that we in 

 5   New York are doing what we can to shore up our 

 6   democracy to make sure that everyone is counted 

 7   and considered in our government and in our 

 8   policy.  

 9                I say on this day of all days, 

10   because this is a dark day for our democracy.  A 

11   majority of senators in Washington are poised to 

12   place the president above the law.  And I am 

13   proud that here in New York we are doing what we 

14   can to really stand up for the rule of law and 

15   for democracy.

16                So thank you, Senator Salazar, thank 

17   you to the Majority Leader, and thank you to my 

18   colleagues for supporting these bills.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   May to be recorded in the affirmative.

21                Senator Lanza to explain his vote.

22                SENATOR LANZA:   Thank you, 

23   Mr. President.

24                I was sort of on the fence with this 

25   legislation.  I was going to vote in favor of it, 


                                                               602

 1   but just listening to the comments from my 

 2   colleague, does this has something to do with 

 3   what's going on in the Senate in Washington?  If 

 4   it's that convoluted, I'm going to vote in the 

 5   negative.  

 6                Thank you.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Lanza to be recorded in the negative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar 255, those Senators voting in the 

12   negative are Senators Akshar, Borrello, Funke, 

13   Gallivan, Helming, Jacobs, Jordan, Lanza, O'Mara, 

14   Ortt, Ranzenhofer, Ritchie, Robach, Seward and 

15   Senator Tedisco.  Also Senator Little.  

16                Ayes, 45.  Nays, 16.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   304, Senate Print 6884, by Senator Stavisky, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               603

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 304, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Borrello, 

 9   Boyle, Funke, Gallivan, Griffo, Helming, Jacobs, 

10   Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, 

11   Ritchie, Robach, Serino, Seward and Tedisco.

12                Ayes, 42.  Nays, 19.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   316, Senate Print 6883, by Senator Parker, an act 

17   to amend the Executive Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               604

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 316, those Senators voting in the 

 4   negative are Senators Borrello, Funke, Gallivan, 

 5   Jacobs, Jordan, O'Mara and Ortt.

 6                Ayes, 54.  Nays 7.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                Senator Gianaris, that completes the 

10   reading of today's calendar.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.

13                Can we now go back to motions and 

14   resolutions and take up previously adopted 

15   Resolution 2723, by Senator Gounardes, have it 

16   read in its entirety, and recognize 

17   Senator Gounardes.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Secretary will read.

20                THE SECRETARY:   Senate Resolution 

21   2723, by Senator Gounardes, memorializing 

22   Governor Andrew M. Cuomo to proclaim February 5, 

23   2020, as Students with Disabilities Advocacy Day 

24   in the State of New York.

25                "WHEREAS, It is the custom of this 


                                                               605

 1   Legislative Body to recognize official days that  

 2   are set aside to increase awareness of issues 

 3   that affect the lives of citizens of New York 

 4   State; and 

 5                "WHEREAS, Attendant to such concern, 

 6   and in full accord with its long-standing 

 7   traditions, it is the intent of this Legislative 

 8   Body to memorialize Governor Andrew M. Cuomo to 

 9   proclaim February 5, 2020, as Students with 

10   Disabilities Advocacy Day in the State of 

11   New York; and 

12                "WHEREAS, Students with Disabilities 

13   Day is a campaign which raises awareness about 

14   the need for removing barriers to key reasonable 

15   accommodations and support services that promote 

16   access and success for students with 

17   disabilities, who attend public and private 

18   institutes of higher education in New York State 

19   at increasingly higher rates; and 

20                "WHEREAS, Our great Empire State has  

21   a history of excellence in education and values 

22   providing educational opportunities to students 

23   with diverse backgrounds; students with 

24   disabilities contribute greatly to New York 

25   State's colleges and universities; and  


                                                               606

 1                "WHEREAS, According to the New York 

 2   State Education Department, as of late last fall 

 3   there were more than 73,000 identified students 

 4   with disabilities attending New York State 

 5   degree-granting colleges and universities; and 

 6                "WHEREAS, It is imperative that 

 7   these institutes of higher learning are provided 

 8   with the necessary resources to empower students 

 9   with disabilities and help them achieve 

10   academically and beyond; and 

11                "WHEREAS, New Yorkers with 

12   disabilities, like all New Yorkers, are entitled 

13   to not only full participation in our society, 

14   but also full opportunity in our society; their 

15   talents and contributions are vital to the 

16   strength of our state's workforce and our future 

17   prosperity; and 

18                "WHEREAS, Together, we can ensure 

19   persons living with disabilities are provided key 

20   reasonable accommodations and support services 

21   that promote access and success while attending 

22   public and private institutes of higher education 

23   in New York State; and 

24                "WHEREAS, It is in the interest of 

25   New York State to recognize the achievements 


                                                               607

 1   which have been made thus far, and to continue 

 2   these efforts by promoting the awareness and 

 3   fostering the understanding of persons with 

 4   disabilities; now, therefore, be it 

 5                "RESOLVED, That this Legislative 

 6   Body pause in its deliberations to memorialize 

 7   Governor Andrew M. Cuomo to proclaim February 5, 

 8   2020, as Students with Disabilities Advocacy Day 

 9   in the State of New York; and be it further 

10                "RESOLVED, That a copy of this 

11   resolution, suitably engrossed, be transmitted to 

12   the Honorable Andrew M. Cuomo, Governor of the  

13   State of New York."

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Gounardes on the resolution.  

16                SENATOR GOUNARDES:   Thank you, 

17   Mr. President.  I'll be very brief.  

18                I think that the language of the 

19   resolution really speaks to the importance of 

20   today as we recognize Students with Disabilities 

21   Advocacy Day.  

22                I want to thank the 35 members of 

23   this body who have sponsored this advocacy day to 

24   help support students across the entire state who 

25   have come to their State Capitol to advocate for 


                                                               608

 1   support and for resources and for services to 

 2   help them attain the education that they are 

 3   rightfully entitled to.

 4                The resolution language said that 

 5   there are 73,000 students with disabilities 

 6   across the state.  That actually -- the number, I 

 7   recently learned, is a little bit outdated.  

 8   Actually, it's 77,000.  It's the fastest-growing 

 9   population of college students in the state, and 

10   we need to be doing a lot more to make sure that 

11   we are providing the services that those students 

12   need in order to achieve a college education just 

13   like anybody else.

14                I want to thank and recognize that 

15   we have a few student leaders who have joined us 

16   in the chamber today who are sitting here, and I 

17   want to recognize them by name and thank them for 

18   their fierce advocacy.  Because without you being 

19   here to advocate and push us to do the right 

20   thing, this would not happen.  So I want to thank 

21   Timothy Hunter, from the CUNY University Student 

22   Senate; Austin Ostro, from the SUNY Student 

23   Assembly; Brad Hershenson, Melanie Hecker, Luis 

24   Gutierrez, and Shelby Burns for being here, for 

25   your dedication and your devotion to this issue, 


                                                               609

 1   and for forcing us to do the right thing.  

 2                So thank you for joining us, and I 

 3   thank you, Mr. President.

 4                (Standing ovation.)

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Carlucci on the resolution.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.  

 9                I want to thank the sponsor of this 

10   important resolution and thank the students that 

11   are here today, because it's so important that we 

12   do everything to make education as accessible as 

13   possible for children of all abilities.  

14                I know I have a deep belief, and I'm 

15   sure my colleagues share this, that our children 

16   do not lack capacity, they only lack opportunity.  

17   And when a child has a disability we have to make 

18   sure we meet them where they are and give them 

19   the tools so that they can live independent, 

20   productive lives.  And we know if we do that at 

21   the earliest ages, all the way through college 

22   and beyond, that we will have a productive 

23   workforce, we'll have a productive economy and a 

24   greater place to live and to work and to raise a 

25   family.


                                                               610

 1                So I want to thank the students for 

 2   stepping up and being here today and advocating 

 3   for all of the students of New York State.  

 4                And thank you to my colleagues for 

 5   supporting this important resolution.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:    

 8   Senator Metzger on the resolution.

 9                SENATOR METZGER:   Thank you, 

10   Mr. President.

11                I'm proud to stand with Senator 

12   Gounardes and my colleagues in cosponsoring this 

13   resolution today.  Every student deserves the 

14   opportunity to realize his, her or their full 

15   potential.  

16                I wanted to point out in my district 

17   we have a really wonderful program at SUNY 

18   Orange, the SUNY Orange Bridges Program, which 

19   provides postsecondary educational opportunities 

20   for people with developmental and intellectual 

21   disabilities.  I got to visit the program and see 

22   firsthand just how incredible it was and how 

23   important it was to the students in realizing 

24   their career goals, their independence, their 

25   autonomy.  And we really need, as a state, to 


                                                               611

 1   fully support these programs.

 2                Thank you very much.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   resolution was previously adopted on 

 5   February 4th.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Can we now take 

 8   up previously adopted Resolution 2400, by 

 9   Senator Tedisco, read its title only, and 

10   recognize Senator Tedisco.

11                ACTING PRESIDENT BENJAMIN:   The 

12   Secretary will read.

13                THE SECRETARY:   Senate Resolution 

14   2400, by Senator Tedisco, congratulating the 

15   Poland High School Girls Soccer Team and Head 

16   Coach Tom Basel upon the occasion of winning the 

17   New York State Class D Girls Soccer Championship.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Tedisco on the resolution.

20                SENATOR TEDISCO:   Thank you, 

21   Mr. President.  

22                I'm honored to introduce to you and 

23   some of my colleagues an outstanding group of 

24   student athletes from the 49th Senatorial 

25   District.  


                                                               612

 1                Like you, I have often got up on the 

 2   floor of the New York State Senate and showed a 

 3   lot of pride about my Senate district.  It's got 

 4   quite a bit of diversity -- rural, suburban, 

 5   city, urban, a lot of great towns, a lot of great 

 6   municipalities, counties, hamlets, villages.  In 

 7   fact, what you may not know about my district, 

 8   being one of the largest Senate districts -- 

 9   maybe in the top five, 4,000 square miles -- is 

10   that I actually represent Russia, Ohio and 

11   Poland.  Russia and Ohio are towns in the 

12   49th Senatorial District, and Poland is a 

13   village.  

14                And Poland is exceptionally well 

15   represented here today up in the balcony above my 

16   shoulder.  They are the Tornadoes from Poland 

17   Central School.  They're the Girls Statewide 

18   Varsity Soccer Champions, Class D, for New York 

19   State.

20                And I told them earlier today that I 

21   guess I can define them not as a good team, not 

22   as a great team, but they are the perfect 

23   Tornadoes.  And I'll tell you why as I say a few 

24   things about their record from last year.  

25                The Poland High School Girls Soccer 


                                                               613

 1   Team ended a very successful season with a 6-1 

 2   victory over Section 6 Champion Avoca.  And I'm 

 3   sorry that -- and this is quite a coincidence -- 

 4   Senator O'Mara isn't here today, but they beat 

 5   Avoca, which is in his district.  And I just 

 6   happen to be sitting right next to him.  So maybe 

 7   he couldn't stand the heat.

 8                (Laughter.)

 9                SENATOR TEDISCO:   Nah, he's very 

10   proud of his school because they did win the 

11   Section 6 championship.  

12                But our team secured the Class D 

13   New York State Girls Soccer Championship against 

14   them on Sunday, November 17, at SUNY Cortland.  

15   The Poland Tornadoes finished the campaign with a 

16   perfect -- and this is why I call them perfect 

17   tornadoes -- 23-0 season.  Twenty-three wins, no 

18   losses.  They ran the table.  You can't get much 

19   better than that.

20                This group of young women has also 

21   gained recognition beyond New York State, 

22   garnering a Top 50 ranking nationally by 

23   MaxPreps.  

24                The Poland High School Girls Soccer 

25   Team are not only champions on the pitch, but off 


                                                               614

 1   it as well.  Just before the team's final match, 

 2   its members helped clean up their community, 

 3   which was hit by a devastating number of floods 

 4   and heavy winds, leaving more than 241,000 homes 

 5   without power.  It was fairly devastating.

 6                As I congratulate them, being 

 7   involved in athletics for a long period of time 

 8   as a player and as a coach, I also want to 

 9   congratulate their coach, Tom Basel.  You don't 

10   have an outstanding group of individuals like 

11   this who achieve so much only by their talent and 

12   skills, but you have to have great coaching to do 

13   that.  

14                And as I spoke to them, I told them 

15   I think he taught them a lesson that is a great 

16   lesson for all of us:  If the individual doesn't 

17   care who gets the credit, the group and the team 

18   can achieve unbelievable successes.  And that's a 

19   great message for us individually, us as 

20   Republicans and Democrats, but us as -- who want 

21   to work, for the most part, in a bipartisan way 

22   for the best interests of the constituents we 

23   represent in New York State.

24                So Mr. President and my colleagues, 

25   I would hope that you would welcome them, 


                                                               615

 1   congratulate them, and offer all the courtesies 

 2   of this august body.  We're extremely proud of 

 3   their achievements.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution was previously adopted on 

 6   January 14th.  

 7                To the Tornadoes, I welcome you on 

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

 9   the courtesies and privileges of this house.  

10                Congratulations.  Please stand and 

11   be recognized.

12                (Standing ovation.)

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Gianaris.

15                SENATOR GIANARIS:   Thank you, 

16   Mr. President.  

17                As I heard Senator Tedisco listing 

18   all the places he represents, I thought it was a 

19   shame Senator Robach's not here to point out he 

20   represents Greece.  

21                (Laughter.)

22                SENATOR GIANARIS:   But we have some 

23   wonderfully named towns in upstate New York.

24                (Laughter.)

25                SENATOR GIANARIS:   Can we now move 


                                                               616

 1   on to previously adopted Resolution 2737, by 

 2   Senator Bailey, read its title only, and 

 3   recognize Senator Bailey.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Senate Resolution 

 7   2737, by Senator Bailey, mourning the tragic 

 8   death of basketball icon, five-time NBA Champion, 

 9   18-time NBA All-Star, and two-time Olympic Gold 

10   Medalist Kobe Bryant.

11                ACTING PRESIDENT BENJAMIN:    

12   Senator Bailey on the resolution.

13                SENATOR BAILEY:   Thank you, 

14   Mr. President.

15                It's -- you know, we rise on a 

16   solemn note today to recognize the life of 

17   Mr. Kobe Bryant.  And, you know, January 26th, it 

18   was weird.  Like I generally don't come up here 

19   on Sundays, but we had a really early meeting on 

20   Monday so I was getting ready to come up.  And my 

21   phone just started lighting up.  I feel like I 

22   got more calls and text messages than when I got 

23   elected or when either one of my kids were born.  

24   And they were saying that Kobe Bryant had passed 

25   away.  


                                                               617

 1                And at first I didn't believe it.  I 

 2   didn't want to believe it, to be honest with you.  

 3   It was in like my cousin's group chat -- I talk 

 4   about group chats a lot -- and there was 

 5   something from TMZ.  And like, I'm not -- I'm not 

 6   dealing with that.  I got call after call and 

 7   call after call, and it just -- it seemed to be 

 8   real.  

 9                And that affected me, not only 

10   because it was just -- it wasn't just a celebrity 

11   passing away, it was somebody that people in my 

12   age range, Mr. President, believed that we kind 

13   of knew him.  You know, he was on NBA Inside 

14   Stuff with Ahmad Rashad, and he used to rap with 

15   Tyra Banks and Brian McKnight.  He actually had a 

16   few rap songs.  Kobe can flow a little bit.  If 

17   you're really interested, you should go back and 

18   listen to him.  He wasn't bad.  He actually was 

19   pretty good, Mr. President.

20                But what really got me was when I 

21   was driving up and I'm listening to sports radio 

22   on the way up.  And there had been rumors that 

23   his daughter was on the helicopter as well.  And 

24   when that was confirmed, that really, for me, 

25   crystallized it as a where-were-you moment in my 


                                                               618

 1   life.

 2                You know, I mentioned that he was 

 3   somebody who -- we saw he took Brandy to the 

 4   prom, right.  He was on more episodes of Moesha 

 5   than we care to remember.  He was somebody that 

 6   was kind of a part of our generation in terms of 

 7   pop culture.

 8                Yes, 18-time All-Star, MVP -- I 

 9   don't know how he won more than -- he only won 

10   one MVP.  They gave the other MVP to Steve Nash.  

11   Nothing against Steve Nash, but Kobe should have 

12   got that other MVP.  Two-time Gold Medalist.  His 

13   first points that he ever scored were in the 

14   Garden, Madison Square Garden.  And obviously, as 

15   a Knicks fan, you hope that it would have been 

16   for us as opposed to against us, but it wasn't.  

17   And that was a lifelong appreciation of Kobe as 

18   an incredible athlete.  

19                February 2nd of 2009 was his -- some 

20   of us in New York called it his "Roger Maris 

21   game," because he had 61 points, and at that time 

22   that was the most points that had ever been 

23   scored in Madison Square Garden by an opponent.  

24   And I remember watching that game like it was 

25   yesterday.  The fadeaways -- and he modeled his 


                                                               619

 1   game after Jordan.  And Kobe perfected his 

 2   fadeaway.  Mike Jordan became Fadeaway Mike after 

 3   he was Air Jordan.  Kobe was doing fadeaways in 

 4   his prime.  

 5                And I just remember the show that he 

 6   put on in the Garden.  And if you look on social 

 7   media, he signed the scorecard for that game and 

 8   gave it to Spike Lee, noted Knicks fan, and said:  

 9   Spike, this {expletive} is your fault.  Because 

10   Spike used to talk to him at half court, but -- 

11   or court side, I should say.  And it's one of 

12   those things where you just remember where you 

13   were at.  

14                Fourth overall in NBA scoring.  And 

15   I guess the cruel irony is that the night before 

16   he passed away was when LeBron James overtook him 

17   as the fourth leading scorer in NBA history in 

18   Kobe's hometown of Philadelphia.  And one of his 

19   hometowns, you should say, because he grew up in 

20   Italy.  And that shows the -- what intelligence 

21   is.  Kobe Bryant didn't go to college, as many of 

22   us know, but he spoke three languages fluently:  

23   English, Spanish and Italian.  And he dabbled in 

24   Chinese and German, I believe, as well.  He was a 

25   worldly individual without ever attending 


                                                               620

 1   college, which shows us what truly intelligence 

 2   is.

 3                Some other things that I will note 

 4   about Kobe, about sneaker culture.  I'm a big 

 5   sneakerhead, as they say.  And the Flightposit, 

 6   the Nike Flightposits came out, they came out in 

 7   metallic gold and metallic purple, because 

 8   primarily they were trying to woo Kobe Bryant 

 9   into signing with Nike.  And there's like a 

10   special edition of a Flightposit that had like a 

11   Kobe tag on it.  

12                But he ultimately went to Adidas and 

13   had his first sneakers, called the Crazy 8s.  

14   They were nice sneakers.  

15                But what happened around 2006, 2007 

16   when he went back to Nike, he started wearing 

17   low-tops again.  And that was really -- you know, 

18   it was revolutionary.  Because those of us who 

19   play basketball, or try to play basketball, we 

20   were always told that don't wear low-top 

21   sneakers, you're going to hurt your ankles.  

22                Okay, and they use to play in the 

23   Pumas back in the day, when Clyde Frazier -- but 

24   nobody in the modern NBA had attempted to wear 

25   low-tops.  Kobe brought those back.  And now you 


                                                               621

 1   see the KDs, Giannis Antetokounmpos, the Paul 

 2   Georges.  A lot of NBA players are wearing 

 3   low-top shoes, and Kobe kind of brought those 

 4   back into style.  

 5                You know, I had two pairs of -- I 

 6   still have, actually, two pairs of Kobe 5s.  And 

 7   really I have so many sneakers that I don't wear 

 8   them out, but I've worn out the bottoms of those 

 9   sneakers so much because -- big Kobe fan, and 

10   they were really light and responsive, and they 

11   were perfect for playing basketball.  So it shows 

12   that he was on to something.  

13                He was really on to something in his 

14   post-NBA career.  He won an Oscar for "Dear 

15   Basketball."  He was somebody who many of us know 

16   as a pop culture reference.  And I don't know, I 

17   don't care where you're at, what you were doing, 

18   if you're balling up a piece of paper, at one 

19   point in your life you balled up a piece of paper 

20   (gesturing throw) and said "Kobe!"  I know you 

21   did.  

22                And we -- because actually the week 

23   before he passed away, at the State Police gym 

24   where we play basketball on Tuesdays, on a couple 

25   of fadeaways that I -- one that I made, one that 


                                                               622

 1   I missed, I definitely uttered a couple of 

 2   "Kobes!"  It's not going to go away, and 

 3   shouldn't go away.  

 4                But the thing that got me the most 

 5   about his post-basketball career was that he was 

 6   a father.  And even on LeBron James's remarks at 

 7   the first Laker game that they had since he 

 8   passed away, he mentioned that, Yeah, he was a 

 9   great player, but in the last three years you saw 

10   that he was the best dad that we've ever got to 

11   see.  

12                You know, being the father of 

13   daughters is special.  Mr. President, you know 

14   full well how special it is.  There's a special 

15   bond between father and daughter.  And there 

16   seemed to be an even more special bond between 

17   Kobe and Gianna, his daughter that unfortunately 

18   was with him when -- when -- you know, when the 

19   helicopter went down.  

20                And maybe that's why I'm just so 

21   still taken aback by this.  Maybe it's the 

22   fatherhood aspect.  Maybe it's because I saw him 

23   grow up, or I grew up while Kobe was growing up.  

24   But that fatherhood piece, seeing clips of his 

25   daughter emulating him in so many ways on the 


                                                               623

 1   court.  And to me, you know, there -- I can't 

 2   imagine anything, as a father, not being -- being 

 3   powerless when your child is facing something as 

 4   tragic as death.  

 5                And that's what I really want to 

 6   stress to everybody.  It's bigger than basketball 

 7   and bigger than his career, his legacy, his name, 

 8   anything like that.  He was a father.  He was a 

 9   person who understood family and cared for his 

10   family.  

11                And this should just remind you to 

12   give people their flowers while they can smell 

13   them, man.  Like you just don't know what time 

14   you have left.  If you love somebody, tell them 

15   you love them.  If you appreciate somebody, tell 

16   them that you appreciate them.  Because the next 

17   time might not be the next time.  That may not 

18   happen.  

19                He was supposed to help Dwight 

20   Howard in the dunk contest that's coming up this 

21   All-Star Weekend coming up.  He mentored so many 

22   young players in the NBA.  Shaquille O'Neal's son 

23   got a tattoo about him.  He did so many things 

24   that you can read that I'm not going to take the 

25   time and belabor the point any further.  


                                                               624

 1                But just, you know, love the people 

 2   that you love, and tell them that you love them.  

 3   Because at some point you're not going to be able 

 4   to tell them that anymore.  

 5                And he was somebody that we looked 

 6   up to.  Mr. President, we've got to do just one.  

 7   {Balling paper and throwing.}  Kobe!  

 8                (Laughter.)

 9                SENATOR BAILEY:   Thank you, 

10   Mr. President.  

11                ACTING PRESIDENT BENJAMIN:   The 

12   resolution was previously adopted on 

13   February 4th.  

14                Senator Gianaris.

15                SENATOR GIANARIS:   Mr. President, 

16   is there any further business at the desk?

17                ACTING PRESIDENT BENJAMIN:   There 

18   is no further business at the desk.

19                SENATOR GIANARIS:   In that case I 

20   move to adjourn -- {deliberately ripping paper in 

21   half} --

22                (Laughter.)

23                SENATOR GIANARIS:   -- until Monday, 

24   February 10th, at 3:00 p.m. -- {ripping paper in 

25   half} --


                                                               625

 1                (Laughter.)

 2                SENATOR GIANARIS:   -- intervening 

 3   days being legislative days.

 4                ACTING PRESIDENT BENJAMIN:   On 

 5   motion, the Senate stands adjourned until Monday, 

 6   February 10th, at 3:00 p.m., intervening days 

 7   being legislative days {ripping paper in half}.

 8                (Laughter.)

 9                (Whereupon, at 12:18 p.m., the 

10   Senate adjourned.)

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