Regular Session - February 26, 2015

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                 February 26, 2015

11                     11:26 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   With us 

10   this morning to offer an invocation is the 

11   Reverend Peter G. Young, from Mother Teresa 

12   Community here in Albany.

13                REVEREND YOUNG:   Thank you.  

14                Let us pray.  

15                As we gather again on another cold 

16   day, we however have a future Hall of Famer 

17   here, and we're therefore optimistically 

18   thinking about a warm-weather day coming up.  

19                We ask you, O God, for a former 

20   member of our Senate fellowship, for all his 

21   dedication on behalf of New York State citizens, 

22   he'll be enjoying God's reward.  

23                May we pray for George Onorato and 

24   for all of our past and present Senators for 

25   their efforts to their constituents for the 


                                                               461

 1   better state and operation of our great work.  

 2                Amen.

 3                ACTING PRESIDENT VALESKY:   Reading 

 4   of the Journal.

 5                THE SECRETARY:   In Senate, 

 6   Wednesday, February 25th, the Senate met pursuant 

 7   to adjournment.  The Journal of Tuesday, 

 8   February 24th, was read and approved.  On motion, 

 9   Senate adjourned.

10                ACTING PRESIDENT VALESKY:   Without 

11   objection, the Journal stands approved as read.

12                Presentation of petitions.

13                Messages from the Assembly.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator Marcellino.

21                SENATOR MARCELLINO:   Yes, 

22   Mr. President, thank you.  

23                Can we adopt the Resolution 

24   Calendar, with the exception of Resolutions 589 

25   and 622.


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 1                ACTING PRESIDENT VALESKY:   All in 

 2   favor of adopting the Resolution Calendar, with 

 3   the exception of Resolution Numbers 589 and 622, 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT VALESKY:   Opposed, 

 7   nay.

 8                (No response.)

 9                ACTING PRESIDENT VALESKY:   The 

10   Resolution Calendar is adopted.

11                Senator Marcellino.

12                SENATOR MARCELLINO:   Thank you, 

13   Mr. President.  

14                Can we at this time take up 

15   Resolution 622, by Senator Murphy, have the 

16   resolution read in its entirety, and then call on 

17   Senator Murphy to speak on the resolution.

18                ACTING PRESIDENT VALESKY:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 622, by Senator Murphy, 

22   honoring Mount Pleasant Police Officer Daniel 

23   Franco for saving the life of a 23-year-old male 

24   who had overdosed.  

25                "WHEREAS, The quality and sanctity 


                                                               463

 1   of community life are cherished values, worthy of 

 2   safeguarding, and this Legislative Body is moved 

 3   to honor those individuals who serve to preserve 

 4   and protect such values, lauding particularly 

 5   their unwavering courage and dedication in the 

 6   daily performance of their duties; and 

 7                "WHEREAS, It is the custom of this 

 8   Legislative Body to recognize the caring concern 

 9   and heroic acts of those exemplary police 

10   officers who take prompt and appropriate action 

11   in emergency situations, and in doing so, help 

12   others to avert life-threatening danger; and 

13                "WHEREAS, Attendant to such concern, 

14   and in full accord with its long-standing 

15   traditions, this Legislative Body is justly proud 

16   to honor Mount Pleasant Police Officer Daniel 

17   Franco for saving the life of a 23-year-old male 

18   who had overdosed on heroin; and 

19                "WHEREAS, A graduate of West Lake 

20   High School, Daniel Franco received his law 

21   enforcement training at the Westchester County 

22   Zone 3 Police Academy in Valhalla, New York; and 

23                "WHEREAS,  In January of 2008, 

24   Police Officer Daniel Franco began his law 

25   enforcement career with the Mount Pleasant Police 


                                                               464

 1   Department, and is currently assigned to its 

 2   Patrol Division; and 

 3                "WHEREAS, On January 5, 2015, Police 

 4   Officer Daniel Franco responded to the call of an 

 5   unresponsive male at a home in Valhalla, 

 6   New York; he found the young man not breathing 

 7   and losing color in his face which, due to his 

 8   training, he recognized as signs of a heroin 

 9   overdose; and 

10                "WHEREAS, Police Officer Daniel 

11   Franco took immediate action, locating the NARCAN 

12   kit in his patrol car and administering two 

13   milligrams of naloxone; due to his quick and 

14   astute actions, within seconds after the drug was 

15   administered, the young man began breathing and 

16   regaining color in his face; and 

17                "WHEREAS, After two more milligrams 

18   of naloxone were administered by a paramedic,  

19   the 23-year-old young man opened his eyes and 

20   soon began communicating with the officers; and 

21                "WHEREAS, Even though this situation 

22   could have been a dire one, Police Officer Daniel 

23   Franco's heroic efforts helped save the life of 

24   the young man; he is truly an inspiration to his 

25   fellow officers for his courage and decisive 


                                                               465

 1   action; and 

 2                "WHEREAS, It is the sense of this 

 3   Legislative Body that those dedicated police 

 4   officers who unselfishly devote their lives to 

 5   the preservation of order and the protection of 

 6   others are worthy and due full praise for their 

 7   commitment and noble endeavors; and 

 8                "WHEREAS, Police Officer Daniel 

 9   Franco, through his spontaneous and heroic 

10   actions, demonstrated his character and his  

11   compassion for the welfare of others, 

12   personifying, by virtue of his actions, the 

13   collective concern of public servants across the 

14   community of the State of New York who respond 

15   when others are in need; now, therefore, be it 

16                "RESOLVED, That this Legislative 

17   Body pause in its deliberations to honor Mount 

18   Pleasant Police Officer Daniel Franco for saving 

19   the life of a 23-year-old male who had overdosed; 

20   and be it further 

21                "RESOLVED, That a copy of this  

22   resolution, suitably engrossed, be transmitted to 

23   Mount Pleasant Police Officer Daniel Franco."

24                ACTING PRESIDENT VALESKY:   Senator 

25   Murphy on the resolution.


                                                               466

 1                SENATOR MURPHY:   Thank you, 

 2   Mr. President.  

 3                It is my distinct honor and 

 4   privilege to recognize a hero from my district 

 5   and the community of Mount Pleasant.  

 6                Today the sad reality is that the 

 7   heroin epidemic continues to spread throughout 

 8   our state.  And as the vice chair of the New York 

 9   State Senate Task Force on Heroin and Opioid 

10   Abuse, it is my responsibility and our 

11   responsibility to protect our communities and 

12   shed the light on this incredible danger.  

13                One way we can raise awareness on 

14   this issue is by acknowledging life-saving 

15   actions of our law enforcement and our first 

16   responders.  And here today I would ask to stand 

17   Chief Oliva, from the Mount Pleasant Police 

18   Department, and Officer Franco, who is here 

19   today.  

20                Heroes.  I believe our state should 

21   take time to recognize you and thank you.  Thank 

22   you very much.

23                (Applause.)

24                SENATOR MURPHY:   On January 5, 

25   2015, Officer Franco responded to a call of an 


                                                               467

 1   unresponsive male in a house in Valhalla, where 

 2   he found a young man literally blue.  Using his 

 3   training and the Narcan literally saved this 

 4   kid's life and brought him back to life.  

 5                Officer Franco, I thank you on 

 6   behalf of myself, as your State Senator, and the 

 7   New York State Senate.  Thank you.  

 8                And Chief Oliva, thank you for 

 9   coming up and allowing us to present this to him.  

10                Thank you very much.

11                (Applause.)

12                ACTING PRESIDENT VALESKY:   Thank 

13   you, Senator Murphy.  

14                We certainly welcome our special 

15   guests here to the chamber and hope that you 

16   enjoy your day here at the State Capitol.

17                The question is on the resolution.  

18   All in favor signify by saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT VALESKY:   Opposed, 

21   nay.

22                (No response.)

23                ACTING PRESIDENT VALESKY:   The 

24   resolution is adopted.

25                Senator Marcellino.


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 1                SENATOR MARCELLINO:   Mr. President, 

 2   since we are awaiting the arrival of a guest, 

 3   which would be relevant to another action, can we 

 4   move to the reading of the noncontroversial 

 5   calendar.

 6                ACTING PRESIDENT VALESKY:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 72, 

 9   by Senator Avella, Senate Print 712, an act to 

10   amend the Correction Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 49.

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 99, 

22   by Senator LaValle, Senate Print 22, an act to 

23   amend the Correction Law.

24                ACTING PRESIDENT VALESKY:   Read the 

25   last section.


                                                               469

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the first of July.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 49.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   100, by Senator Klein, Senate Print 1520, an act 

11   to amend the Executive Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT VALESKY:   Senator 

20   Klein to explain his vote.

21                SENATOR KLEIN:   Thank you, 

22   Mr. President.

23                Last Sunday, myself, Senator Marty 

24   Golden and Senator Diane Savino released a report 

25   which is certainly important in light of what 


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 1   we're finding day after day, year after year, 

 2   that unfortunately we need to protect our young 

 3   people from dangerous sexual predators.  

 4                What we found was that presently 

 5   there's dangerous sexual predators, Level 2 and 3 

 6   sexual predators that actually committed heinous 

 7   crimes against children, living near universal 

 8   pre-K programs.  As a matter of fact, my office 

 9   found that 13 sex offenders are presently 

10   residing within a thousand feet of UPK programs, 

11   because these programs were not affiliated with 

12   an actual grade school.  

13                Most of these sexual predators lived 

14   in Brooklyn, a total of six.  We also found that 

15   five sex offenders living near pre-Ks and 

16   kindergartens that do not partner with public 

17   schools.

18                You know, clearly the law that we 

19   presently have is clear:  A dangerous sexual 

20   predator can't live within a thousand feet of a 

21   school.  The problem is with the proliferation of 

22   all of our wonderful UPK programs, especially in 

23   the City of New York, any UPK program that's not 

24   affiliated with a public school, a stand-alone 

25   site, is not protected.


                                                               471

 1                So what we're doing right now is 

 2   allowing ticking time bombs to have access to our 

 3   kids, and that needs to stop.  I think we have 

 4   taken this issue very seriously, especially in 

 5   this house.  We've already passed a lot of 

 6   different bills that I think, not necessarily 

 7   overall are Megan's Law in New York, but really I 

 8   think make some changes, which is something 

 9   that's very important.

10                It's clear we still have to protect 

11   our young people from dangerous sexual predators.  

12   The facts bear me out by stating that when you 

13   look at the facts here in New York, according to 

14   the Division of Criminal Justice Services, a 

15   dangerous sexual predator, upon their release 

16   from prison, if you look over an eight-year 

17   period, is 48 percent more likely to commit the 

18   same or similar crime.

19                So this is one of the only crimes 

20   that seems to exacerbate with age.  So I think 

21   it's important that we continue to monitor them 

22   and continue to protect our children to make sure 

23   they're not in harm's way.  

24                So of course I vote yes on this 

25   important piece of legislation, Mr. President.


                                                               472

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Klein to be recorded in the affirmative.  

 3                Senator Sanders to explain his vote.

 4                SENATOR SANDERS:   It's sad that we 

 5   have to make laws about what seems to be common 

 6   sense.  But I'm very grateful that the sponsors 

 7   have put these bills together, I'm grateful they 

 8   have.  

 9                In my own district I had a sexual 

10   predator living in a homeless shelter, a homeless 

11   shelter that had children and women.  And you 

12   would think that there would be some type of rule 

13   or some common sense that would stop people from 

14   even saying this is a place where we should put 

15   such a person.  But that did not -- that didn't 

16   happen.

17                So these laws that we're coming up 

18   with are actually very useful, and in my own 

19   district I have found the usefulness.  So I 

20   certainly want to applaud the sponsors for coming 

21   up with these.

22                Thank you very much.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Sanders to be recorded in the affirmative.

25                Announce the results.


                                                               473

 1                THE SECRETARY:   Ayes, 54.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   101, by Senator Golden, Senate Print 2269, an act 

 6   to amend the Correction Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect on the first of November.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT VALESKY:   Senator 

15   Rivera to explain his vote.

16                SENATOR RIVERA:   Thank you, 

17   Mr. President.

18                I stand, as I've done in years past, 

19   to make a distinction.  We are voting on many sex 

20   offender bills today.  And certainly I thank 

21   Senator Klein for introducing the bill we just 

22   passed a second ago, and I concur both with his 

23   comments and the comments of Senator Sanders.

24                The issue that I've made in the 

25   past, and I want to make sure that it's for the 


                                                               474

 1   record, the distinction about the bill that we 

 2   just passed, the Senator Klein bill, is very 

 3   specific about Level 2 and 3 sex offenders.  And 

 4   I certainly think -- I share the concerns of 

 5   everyone in this house that we need to make sure 

 6   that people are protected from folks that are 

 7   predators.  

 8                However, when the distinction is not 

 9   made, then the conditions are very broad.  And in 

10   this particular instance, the limitation that is 

11   trying to be established here -- I believe if it 

12   had the distinction of Level 2s and 3s, I would 

13   be voting in the affirmative.  I believe in this 

14   particular instance it is too broad a 

15   determination, and so I will be voting in the 

16   negative.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Rivera to be recorded in the negative.  

20                Senator Golden to explain his vote.

21                SENATOR GOLDEN:   Thank you, 

22   Mr. President.  

23                As Senator Klein has said, in the 

24   report that was out there the number just in 

25   Brooklyn was about six.  Those are the ones that 


                                                               475

 1   we could track down that we knew they were on our 

 2   registry that didn't reregister.  

 3                That doesn't account for untold 

 4   numbers that are throughout our city today, and 

 5   throughout our state, that are living near our 

 6   pre-Ks.  And pre-Ks are popping up left and right 

 7   in our communities.  And it's unfortunate we're 

 8   not able to track these individuals any better 

 9   than we have been able to in the past.

10                I think the bill that I have 

11   protects our children from becoming prey to sex 

12   offenders, and is a priority.  I believe this 

13   bill further protects our children from sex 

14   offenders from prohibiting all sex offenders from 

15   living within 1,000 feet of a school.  And this 

16   includes sex offenders who offended in other 

17   states.  You can move in from Pennsylvania and 

18   New Jersey, you can move next door and not 

19   register.  It's crazy.

20                We need to put a set of real 

21   legislation out there, that we're doing today 

22   with Senator Avella, Senator LaValle, Senator 

23   Klein, myself, Senator Murphy, Senator Ortt, 

24   Senator Lanza, Senator Venditto, Senator Seward 

25   and other Senators, and protecting our children 


                                                               476

 1   and keeping our children safe across our city and 

 2   our state.  It's a priority.  That's what we are 

 3   elected to do, is to keep our families and our 

 4   children safe.  

 5                And this is a good bill.  And many 

 6   of the bills here today I hope do become law, 

 7   because they would help protect those children.

 8                I want to thank Senator Klein and 

 9   the Majority Leader, Senator Dean Skelos, for 

10   putting that study together and coming up with 

11   facts, some real facts that we could look at and 

12   actually review and actually be able to come up 

13   with some good legislation that will in fact 

14   protect our children and our families.  

15                I vote yes.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Golden to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 54.  Nays, 1.  

21   Senator Rivera recorded in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   102, by Senator Murphy, Senate Print 2950, an act 


                                                               477

 1   to amend the Correction Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 55.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                Senator Marcellino.

13                SENATOR MARCELLINO:   Yes, 

14   Mr. President.  As is our tradition in this 

15   house, we acknowledge Senators who have passed 

16   their first bill.  This would be Senator Murphy's 

17   first bill passed in this chamber.

18                (Applause.)

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   103, by Senator Ortt, Senate Print 2981, an act 

23   to amend the Correction Law.

24                ACTING PRESIDENT VALESKY:   Read the 

25   last section.


                                                               478

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 55.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   106, by Senator Lanza, Senate Print 3811, an act 

11   to amend the Correction Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 55.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   107, by Senator Venditto, Senate Print 3925, an 

24   act to amend the Correction Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               479

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Venditto to explain his vote.

 9                SENATOR VENDITTO:   Thank you very 

10   much, Mr. President.  

11                As we know, and as many people 

12   around the state know, the State Court of Appeals 

13   recently ruled unanimously that only the state 

14   has the power to determine where sex offenders 

15   can and cannot live.  This invalidated 

16   effectively about 130 local laws that were more 

17   restrictive than the state law and what it said 

18   on the subject.

19                Many residents spoke out in a loud, 

20   clear voice -- I know they certainly did in 

21   Nassau and Suffolk counties, I'm sure they have 

22   around the state -- in opposition to the decision 

23   that was made.  Today we are responding with very 

24   swift and very effective legal action.

25                It is the legislative intent of the 


                                                               480

 1   law to empower local municipalities to decide 

 2   where sex offenders can and cannot live.  And so 

 3   we leave it in the hands of our cities, our 

 4   towns, our counties, our villages, their 

 5   legislatures, their executives, to be as 

 6   restrictive as need be, to work with the 

 7   residents of the jurisdictions that they 

 8   represent and to come up with sensible laws in 

 9   drawing the lines.

10                You know, whatever our politics may 

11   be, and it's said in so many different ways 

12   today, we can all agree that there is no more 

13   valuable commodity, no more precious gift than 

14   our children here in New York State.  We hear it 

15   said, we say it ourselves around our districts 

16   every day:  The future is only as bright as our 

17   young people.  

18                Today we take an important step in 

19   securing that future and doing the right thing as 

20   far as the safety and protection of our children 

21   is concerned.

22                As a new Senator, more importantly 

23   as a new father, I'm very thankful and proud to 

24   be sponsoring this legislation and will be very 

25   happy when it's signed into law.  


                                                               481

 1                And thank you all for a few moments 

 2   of your time.  Mr. President, I vote in the 

 3   affirmative.

 4                ACTING PRESIDENT VALESKY:  Senator 

 5   Venditto to be recorded in the affirmative.

 6                Senator Serino to explain her vote.

 7                SENATOR SERINO:   As some of you 

 8   know, before being elected to the State Senate I 

 9   served as both a town board member and as a 

10   county legislator.  Ensuring that our localities 

11   have the tools they need to meet the unique needs 

12   of their communities will remain a priority to 

13   me.  

14                When it comes to keeping our 

15   children safe from predators of any kind, it is 

16   especially critical that we empower our 

17   municipalities.  This bill guarantees that our 

18   localities have the power to do all that they can 

19   to protect the most vulnerable members of our 

20   communities.

21                I am proud to cosponsor this 

22   critical piece of legislation.  I vote yes.  

23                Thank you.

24                ACTING PRESIDENT VALESKY:   Senator 

25   Serino to be recorded in the affirmative.  


                                                               482

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 54.  Nays, 1.  

 3   Senator Rivera recorded in the negative.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                Senator Marcellino.

 7                SENATOR MARCELLINO:   Again, and 

 8   according with the tradition of our house, so we 

 9   acknowledge the passage of Senator Venditto's 

10   first bill.

11                (Applause.)

12                ACTING PRESIDENT VALESKY:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   108, by Senator Seward, Senate Print 3926, an act 

16   to amend the Penal Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 55.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               483

 1   is passed.

 2                Senator Marcellino, that completes 

 3   the noncontroversial reading of the calendar.

 4                SENATOR MARCELLINO:   Thank you.

 5                While we are still awaiting our 

 6   special guest, I think Senator Peralta, who has 

 7   the resolution, would like to obviously have our 

 8   guest hear the resolution before we read it.  So 

 9   if we could stand at ease until our guest gets 

10   here.

11                ACTING PRESIDENT VALESKY:   The 

12   Senate will stand at ease temporarily.

13                (Whereupon, the Senate stood at ease 

14   at 11:47 a.m.)

15                (Whereupon, the Senate reconvened at 

16   11:52 a.m.)

17                ACTING PRESIDENT VALESKY:   Senator 

18   Marcellino.

19                SENATOR MARCELLINO:   Thank you, 

20   Mr. President.  

21                We have an announcement that the 

22   Health Committee will meet today in Room 124 at 

23   12:00 p.m.

24                ACTING PRESIDENT VALESKY:   The 

25   Senate Committee on Health will meet at 


                                                               484

 1   12:00 noon in Room 124 of the Capitol.

 2                SENATOR MARCELLINO:   Mr. President.

 3                ACTING PRESIDENT VALESKY:   Senator 

 4   Marcellino.

 5                SENATOR MARCELLINO:   May we have 

 6   Resolution 589, by Senator Peralta, read in its 

 7   entirety, please.

 8                ACTING PRESIDENT VALESKY:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 589, by Senators Peralta and 

12   Espaillat, celebrating the many contributions and 

13   legacies of Dominican-Americans, in conjunction 

14   with the observance of Dominican Heritage Month,  

15   and paying tribute to Pedro Martinez.

16                SENATOR MARCELLINO:   Mr. President.

17                ACTING PRESIDENT VALESKY:   Senator 

18   Marcellino.

19                SENATOR MARCELLINO:  I apologize for 

20   interrupting the reading, but can we have some 

21   order in the house, please?  

22                There's background noise.  Can staff 

23   just take their places?  Can people who are 

24   visiting keep it down, please?  

25                Thank you.


                                                               485

 1                ACTING PRESIDENT VALESKY:    

 2   Conversations should be taken out of the Senate 

 3   chamber.  

 4                The Secretary will continue to read.

 5                THE SECRETARY:  "WHEREAS, It is the 

 6   sense of this Legislative Body, in keeping with 

 7   its time-honored traditions, to recognize and pay 

 8   tribute to those who foster ethnic pride and 

 9   enhance the profile of cultural diversity which 

10   strengthens the fabric of the communities of 

11   New York State; and 

12                "WHEREAS, The citizens of this  

13   great Empire State are proud to celebrate the 

14   contributions of Dominican-Americans to New York 

15   State's unique heritage; and

16                "WHEREAS, Attendant to such concern, 

17   and in full accord with its long-standing  

18   traditions, this Legislative Body is justly proud 

19   to celebrate the many contributions and legacies 

20   of Dominican-Americans, in conjunction with the 

21   observance of Dominican Heritage Month, and to  

22   pay tribute to Pedro Martinez; and 

23                "WHEREAS, In February 2015, 

24   Dominican communities across the State of 

25   New York will join in celebrating Dominican 


                                                               486

 1   Heritage Month by recognizing the many 

 2   contributions and legacies which are attributed  

 3   to these fine Dominican-Americans; and 

 4                "WHEREAS, The following dates and 

 5   events are of great significance and serve as a 

 6   distinct reminder of the rich heritage celebrated 

 7   in Dominican communities:  Monday, January 26, 

 8   2015, marks the 202nd anniversary of the birth of 

 9   patriarch Juan Pablo Duarte; and Friday, 

10   February 27, 2015, is the 171st anniversary of 

11   the independence of the Dominican Republic; and 

12                "WHEREAS, It is duly fitting that  

13   all New Yorkers join in these important 

14   celebrations of one of our state's most vibrant 

15   communities; this much-anticipated observance and 

16   its accompanying activities will foster greater 

17   appreciation for Dominican culture and serve to 

18   promote the spirit of cooperation that is 

19   characteristic of all citizens of New York State; 

20   and 

21                "WHEREAS, It is the custom of this 

22   Legislative Body to recognize and pay tribute to 

23   those esteemed individuals who distinguish 

24   themselves through exceptional performance, 

25   outstanding achievement, and peerless commitment 


                                                               487

 1   to excellence; and 

 2                "WHEREAS, This Legislative Body is 

 3   justly proud to congratulate Pedro Martinez upon 

 4   the occasion of his election to the National 

 5   Baseball Hall of Fame in Cooperstown, New York, 

 6   on January 6, 2015; he will be officially 

 7   inducted on Sunday, July 26, 2015; and 

 8                "WHEREAS, Pedro Jaime Martinez was 

 9   born in Manoguayabo, Dominican Republic, in 1971, 

10   the fifth of six siblings living in a palm-wood 

11   house with a tin roof; as a child, he learned  

12   the game of baseball using broomsticks and tree 

13   branches for bats; and   

14                "WHEREAS, Despite his humble 

15   circumstances and diminutive frame, Pedro 

16   Martinez's superlative work ethic and 

17   transcendent talent caught the eye of traveling 

18   professional scouts and subsequently, in 1988, he 

19   was signed by the Los Angeles Dodgers; and 

20                "WHEREAS, Pedro Martinez is 

21   recognized for being one of the most dominant 

22   pitchers of his era; and 

23                "WHEREAS, During a spectacular 

24   18-season career, Pedro Martinez won 219 games, 

25   three Cy Young Awards and struck out 3,154  


                                                               488

 1   batters; he led the league in ERA five times and 

 2   in strikeouts three times; furthermore, his  

 3   winning percentage is sixth-highest of all time 

 4   and first for pitchers after 1950; and 

 5                "WHEREAS, In the year 2000, when 

 6   there were more runs scored than in any other 

 7   season in baseball history, Pedro Martinez 

 8   managed an astounding 1.74 ERA; and 

 9                "WHEREAS, Known for his sparkling 

10   intellect, unique wit, and engaging personality, 

11   Pedro Martinez's career has brought pride, 

12   pleasure and joy to countless millions; and 

13                "WHEREAS, This Legislative Body is 

14   proud to honor Pedro Martinez for his 

15   extraordinary athletic accomplishments, which are 

16   a tribute to his skill, dedication and 

17   commitment; now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to celebrate the 

20   many contributions and legacies of 

21   Dominican-Americans, in conjunction with the 

22   observance of Dominican Heritage Month, and to 

23   pay tribute to Pedro Martinez; and be it further 

24                "RESOLVED, That copies of this  

25   resolution, suitably engrossed, be transmitted  


                                                               489

 1   to Ambassador Anibal de Castro; Consul General 

 2   Maximo Corsino of the Dominican Republic in 

 3   New York; and Pedro Martinez."

 4                ACTING PRESIDENT CARLUCCI:   Senator 

 5   Peralta on the resolution.

 6                SENATOR PERALTA:   Thank you, 

 7   Mr. President.  

 8                It is truly an honor to have the 

 9   great Pedro Martinez here.  In the immortal words 

10   of Saturday Night Live parody character Chico 

11   Escuela that said "Baseball has been berry, berry 

12   good to me" -- but in this case we can say that 

13   Pedro has been very, very, very good to baseball.  

14                He has been very good to not only 

15   baseball but to the Dominican Republic.  He's 

16   been good to all of us for honoring us with his 

17   presence today here.  

18                Thank you so much, Pedro.  

19   Bienvenido, Pedro Martinez.  Welcome to the 

20   Capitol.  It is truly an honor to have you here 

21   with us today as we celebrate Dominican Heritage 

22   Month in our great Empire State.  As a Dominican, 

23   I am proud to stand here with you today.  

24                And as you know, Dominicans love two 

25   things:  baseball and politics.


                                                               490

 1                (Laughter.)

 2                SENATOR PERALTA:   And tomorrow we 

 3   celebrate the 171st anniversary of the 

 4   independence of the Dominican Republic.  

 5                For you, Pedro, it has been a long 

 6   trip from Manoguayabo, a journey that will reach 

 7   its highest altitude when you are inducted into 

 8   the Baseball Hall of Fame in July.  You will be 

 9   the second Dominican to enter such a prestigious 

10   group, following the footsteps of Juan 

11   Marichal -- right now who is the only Dominican 

12   Hall of Famer, but in July there will be two.  

13                You are one of the best pitchers our 

14   national pastime has ever had.  Growing up in 

15   Manoguayabo, you learned our amazing game of 

16   baseball using broomsticks and tree branches for 

17   bats.  You probably also made gloves out of milk 

18   cartons, played with baseballs made out of socks 

19   or hardened lemons.  For us Dominicans, I 

20   understand that.  

21                Your life became an inspiration to 

22   countless kids who dream of one day becoming 

23   Pedro Martinez.  You had an outstanding career, a 

24   career spanning 18 seasons playing at the highest 

25   level, winning 219 games, three Cy Young Awards, 


                                                               491

 1   and striking out 3,154 batters.  But who's 

 2   counting?  

 3                (Laughter.)

 4                SENATOR PERALTA:   Your engaging 

 5   personality brought pride and joy to millions.  

 6   You are truly an example for all of us on and off 

 7   the field.  And playing in New York, in Queens, 

 8   you understood what New York fans were all about.  

 9                I want to read a couple of quotes 

10   that you were quoted in throughout your career.  

11   The first one is:  "I actually realized that I 

12   was somebody important because I caught the 

13   attention of 60,000 people, plus the whole world 

14   watching a guy that, if you reversed time back 

15   15 years ago, I was sitting under a mango tree 

16   without 50 cents to pay for a bus."  That was one 

17   of the quotes.  But you are very special today.

18                Second quote:  "I doubt that I will 

19   get involved with politics.  That's something I 

20   don't have in me."  

21                We're very glad that you did not get 

22   involved in politics, because if you dominated 

23   politics the way you dominated baseball, some of 

24   us would have a lot to worry about.

25                (Laughter.)


                                                               492

 1                SENATOR PERALTA:   And third:  "Some 

 2   of the things that I have done are really, really 

 3   special."  

 4                You are special, Pedro Martinez.  

 5   Thank you so much for what you have shown us on 

 6   the field and off the field.  

 7                We are so proud to present to you 

 8   this resolution as we congratulate you, Pedro 

 9   Martinez, on your election to the National 

10   Baseball Hall of Fame.  Congratulations, 

11   felicidades, Pedro {in Spanish}.  

12                (Standing ovation.)

13                ACTING PRESIDENT CARLUCCI:   Thank 

14   you, Senator Peralta.  

15                Senator Espaillat on the resolution.

16                SENATOR ESPAILLAT:   Thank you, 

17   Mr. President.  

18                I rise to recognize a great 

19   Dominican American, a great Dominican, someone 

20   that now will join the high-kicking Dominican 

21   Dandy in Cooperstown, Juan Marichal.  

22                For over three decades, Juan 

23   Marichal, who pitched for the San Francisco 

24   Giants, stood alone as the only Dominican in the 

25   Hall of Fame.  And who could have thought that 


                                                               493

 1   with the likes of the Alou brothers, the great 

 2   Rico Carty, the great Manny Mota and so many 

 3   others, there would be only one for 30 years.  

 4   But he will no longer be alone, because now he 

 5   will be there with the great Pedro El Grande.  

 6   That's what they call him, Pedro El Grande.  

 7   Pedro the Great.  

 8                And who could forget -- and it hurts 

 9   me deeply to say it, because I am a pinstripe 

10   guy -- 

11                (Laughter.)

12                SENATOR ESPAILLAT:   -- but who can 

13   forget the day he struck out 17 Yankees.  

14                (Laughter; catcalls, applause.) 

15                SENATOR ESPAILLAT:   Who could 

16   forget that, Pedro?  

17                But I am also a Licey-ista.  And 

18   that's his team in winter baseball in the 

19   Dominican Republic, where he did his own thing 

20   over there.  Tremendous.  

21                But we can never forget the day he 

22   struck out 17 Yankees.  And Pedro is a major, a 

23   major impact on baseball and sports.  I'm glad to 

24   say here today in Albany, Pedro, today, that 

25   today you are our daddy.


                                                               494

 1                (Laughter; applause.)

 2                SENATOR ESPAILLAT:   And so some of 

 3   the things that he's done, an eight-time All-Star 

 4   player, All-Star Game baseball player.  Obviously 

 5   a World Series Champion, 2004, who can forget 

 6   that.  This is very painful, Pedro, but I love 

 7   you.  

 8                (Laughter.)

 9                SENATOR ESPAILLAT:   A three-time Cy 

10   Young Award winner.  Three times.  The Triple 

11   Crown in pitching.  For you to win the Triple 

12   Crown in pitching is accomplished only by those 

13   pitchers who lead the league in wins, strikeouts, 

14   and earned runs.  So three times Pedro El Grande 

15   won the Triple Crown of pitching.  

16                And so he was also many times an 

17   MVP.  He won an American League Championship.  

18   And of course for five years, five seasons, he 

19   won the ERA, the Earned Run Average Championship 

20   for his league, as well as a three-time Strikeout 

21   King.

22                Now, Pedro is known for his 

23   splitter, his fast ball.  But if he got a little 

24   bit nutty with you, he would also pitch high on 

25   you.  And so Pedro is a guy that was respected on 


                                                               495

 1   the mound.  

 2                You know, the great Juan Marichal 

 3   and Sandy Koufax and Bob Gibson, they pitched 

 4   with a high mound, and they were high-kicking 

 5   pitchers.  The mound was lowered, so it became 

 6   more difficult for pitchers to dominate the game.  

 7   But even with a lower mound, Pedro El Grande 

 8   dominated baseball.  

 9                And so we're happy to have him here 

10   celebrating Dominican Heritage Month.  Tomorrow, 

11   the 27th, is the anniversary of Dominican 

12   independence.  

13                Pedro is a national, a national hero 

14   in the Dominican Republic.  After he was approved 

15   to be inducted into the Hall of Fame, thousands 

16   of people went through the streets to receive him 

17   at the airport, and a major concert with hundreds 

18   of thousands of people were there to share that 

19   special moment with him and his lovely wife 

20   Carolina, who's here with us today as well.

21                So we are happy to have you here.  

22   You are a special person anywhere in New York or 

23   in Massachusetts.  And, Mr. President, let me 

24   just finish by saying these words in Spanish, 

25   because I think that they are emblematic of the 


                                                               496

 1   way we all feel today, those of us that had the 

 2   privilege to be born in that small island called 

 3   the Dominican Republic {in Spanish}.

 4                (Applause.)

 5                ACTING PRESIDENT CARLUCCI:   Thank 

 6   you, Senator Espaillat.

 7                Senator Seward on the resolution.

 8                SENATOR SEWARD:   Thank you, 

 9   Mr. President.

10                I'm delighted to rise to extend my 

11   support for the resolution honoring Dominican 

12   Heritage Month and also, of course, our special 

13   guest, Pedro Martinez.

14                You know, I stand before you to do 

15   so because -- a couple of reasons.  First of all, 

16   my son-in-law is from the Dominican Republic, and 

17   so my two granddaughters are half-Dominican.  

18                And I've visited the Dominican 

19   Republic, and I've always been struck by 

20   certainly the pride that the Dominican people 

21   have in their independence and in their democracy 

22   in the DR.  It's a wonderful country, and a very 

23   hospitable country, and very hospitable people.

24                But also I rise as a resident of the 

25   Cooperstown area, and very, very proud to 


                                                               497

 1   represent the National Baseball Hall of Fame here 

 2   in the State Senate.  

 3                And I want to, on behalf of all of 

 4   the residents in that part of the state, in the 

 5   Cooperstown area, Pedro, we want to welcome you 

 6   to the Baseball Hall of Fame, where you will be 

 7   enshrined, your plaque will be enshrined in the 

 8   last weekend in July.  

 9                And I stand to applaud you here 

10   today, and I will be there in July to applaud 

11   your induction into the National Baseball Hall of 

12   Fame.

13                You know, Juan Marichal has been 

14   mentioned, the other Dominican -- the Dominican 

15   Dandy, who's in the Hall of Fame, returns every 

16   year for the induction ceremony.  And it's great 

17   to see him in Cooperstown.  The fans love him.  

18   And I know, Pedro, you will, along with Juan, 

19   carry on that great tradition of coming back to 

20   Cooperstown every year to honor baseball and to 

21   honor baseball legends.  It's great for the 

22   community, it's great for baseball, it's great 

23   for all baseball fans.  

24                So I rise in full support of this 

25   resolution.  This is a great day, certainly for 


                                                               498

 1   the Dominican community here in New York State.  

 2   It's a great day for the baseball Hall of Fame to 

 3   be able to count you among its esteemed members.  

 4                Congratulations, and thank you.

 5                (Applause.)

 6                ACTING PRESIDENT CARLUCCI:   Thank 

 7   you, Senator Seward.

 8                Senator Gianaris on the resolution.

 9                SENATOR GIANARIS:   Thank you, 

10   Mr. President.  

11                I also rise to welcome our esteemed 

12   guest to the chambers today.  I understand there 

13   were some fans outside with Red Sox paraphernalia 

14   waiting for him.  I don't know what they were 

15   doing in the State of New York, but apparently 

16   there are some.  And as you would expect, the 

17   Yankee fans had a strong reaction to that.  

18                But I wanted to speak, as a 

19   representative from Queens, on behalf of all the 

20   Mets fans in New York State to say --

21                (Laughter; applause.) 

22                SENATOR GIANARIS:   -- to say thank 

23   you, thank you for the great joy that you brought 

24   us for the years you were pitching for the Mets, 

25   and hopefully they'll get back to the status they 


                                                               499

 1   had when you were playing for them soon enough.  

 2                Muchisimas gracias, Pedro Martinez.

 3                (Applause.)

 4                ACTING PRESIDENT CARLUCCI:   Thank 

 5   you, Senator Gianaris.

 6                Senator Díaz on the resolution.

 7                SENATOR DIAZ:   Thank you, 

 8   Mr. President.  

 9                Let me wait till they're finished so 

10   they could listen too.

11                (Pause.)

12                SENATOR DIAZ:   Thank you, 

13   Mr. President.  

14                Ladies and gentlemen, today I join 

15   my colleagues Senator Adriano Espaillat and 

16   Senator Jose Peralta in cosponsoring this great, 

17   outstanding, marvelous, brilliant and wonderful 

18   resolution honoring Mr. Pedro Jaime Martinez.  

19                Mr. Pedro Jaime Martinez started his 

20   career in the Major League with the Los Angeles 

21   Dodgers and played with the Expos of Montreal, 

22   the Boston Red Sox, the New York Mets and the 

23   Philadelphia Phillies.  Today this chamber "ha 

24   tirado la casa por la ventana," meaning this 

25   chamber has thrown the house through the window.  


                                                               500

 1                Today, as a proud Puerto Rican, I am 

 2   honored to join not only my colleagues Senator 

 3   Espaillat and Senator Peralta, but I am also 

 4   proud to join other Dominican elected officials 

 5   in the state and the city such as Guillermo 

 6   Linares and Victor Pichardo in the State 

 7   Assembly; Fernando Cabrera, Rafael Espinal, 

 8   Julissa Ferreras and Ydanis Rodriguez in the 

 9   City Council, and Antonio Reynoso also in the 

10   City Council.  

11                Today is a day to remember.  Today 

12   is a day for the history books.  And today is a 

13   day for every Hispanic to feel proud and grateful 

14   for all the achievements obtained by Mr. Pedro 

15   Jaime Martinez.  

16                Thank you, Mr. Martinez, for 

17   accepting Senator Espaillat's invitation to be in 

18   this chamber.  And thank you, Senator Espaillat 

19   and Senator Peralta, for allowing us to be part 

20   of this unique day that even one of my staff 

21   members, Angel Gaud, a Dominican, came all the 

22   way from the City of New York to be a witness of 

23   this event.

24                I want to conclude by saying, in 

25   Spanish:  {reciting Dominican National Anthem}.


                                                               501

 1                (Applause; shouts from the gallery.) 

 2                ACTING PRESIDENT CARLUCCI:   Thank 

 3   you, Senator Díaz.  

 4                Senator Serrano on the resolution.

 5                SENATOR SERRANO:   Thank you, 

 6   Mr. President.  

 7                How do I possibly follow that?

 8                (Laughter.)

 9                SENATOR SERRANO:   That was 

10   wonderful, Senator Díaz.

11                But I just wanted to lend my voice 

12   to congratulating and honoring the Dominican 

13   community as a whole, and thank the sponsors of 

14   this resolution for once again giving us the 

15   opportunity to say thank you for all the 

16   significant contributions that the Dominican 

17   community has made to our specific districts but 

18   to the entire state and nation as a whole.

19                And what a special treat to have 

20   Pedro Martinez here today.  As many of you know, 

21   I represent the South Bronx, I represent Yankee 

22   Stadium, and I'm a die-hard Yankee fan.  And I 

23   always remember whenever Boston was coming to 

24   play at the stadium, there was this buzz in the 

25   neighborhood.  Hours before the game started, 


                                                               502

 1   there was this excitement.  And whether you were 

 2   a Boston fan or a Yankee fan, it didn't matter, 

 3   because there was this party atmosphere along 

 4   161st Street.  

 5                And I live right up the block from 

 6   the stadium, so when a big play happens on TV and 

 7   I'm watching the game, I turn down the volume, I 

 8   hear out the window the cheering.  So that's how 

 9   close I am to the stadium.  

10                But especially when Pedro Martinez 

11   was pitching, there was this excitement, there 

12   was "what's going to happen."  And whether you're 

13   a Yankee fan or not, you have to respect 

14   greatness.  And though I forever will be a Yankee 

15   fan, I respect greatly great baseball players.  

16                And you, Pedro Martinez, respected 

17   the sport, you respected your craft, and you 

18   really uplifted baseball for generations to come.  

19   So thank you for being here.

20                (Applause.)

21                ACTING PRESIDENT CARLUCCI:   Thank 

22   you, Senator Serrano.

23                Seeing no other Senators wishing to 

24   be heard, the question is on the resolution.  All 

25   in favor signify by saying aye.


                                                               503

 1                (Response of "Aye.")

 2                ACTING PRESIDENT CARLUCCI:    

 3   Opposed, nay.

 4                (No response.)

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   resolution is adopted.

 7                (Applause.)

 8                ACTING PRESIDENT CARLUCCI:   Senator 

 9   Marcellino.

10                SENATOR MARCELLINO:   Yes, 

11   Mr. President.

12                (Noise from the gallery.)

13                ACTING PRESIDENT CARLUCCI:   Senator 

14   Marcellino.

15                SENATOR MARCELLINO:   Yes, thank 

16   you, Mr. President.  

17                I am sure Pedro will be here to take 

18   pictures with those who wish to do that, so that 

19   will be great.

20                We want to open this resolution, at 

21   the request of the sponsors, for cosponsorship, 

22   the usual procedure to be involved.  Anyone not 

23   wishing to be on the resolution notify the chair.

24                Mr. President, is there any more 

25   business before the house?  


                                                               504

 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Marcellino, there is no further business at the 

 3   desk.

 4                SENATOR MARCELLINO:   Then I move 

 5   that we adjourn until Monday, March 2nd, at 

 6   3:00 p.m., intervening days being legislative 

 7   days.

 8                ACTING PRESIDENT CARLUCCI:   On 

 9   motion, the Senate stands adjourned until Monday, 

10   March 2nd, at 3:00 p.m., intervening days being 

11   legislative days.

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

13   Senate adjourned.)

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