Regular Session - March 11, 2019

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 1                NEW YORK STATE SENATE








 9                  ALBANY, NEW YORK

10                   March 11, 2019

11                      3:28 p.m.



14                   REGULAR SESSION




18  SENATOR JAMAAL BAILEY, Acting President









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

 2                ACTING PRESIDENT BAILEY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BAILEY:   In the 

 9   absence of clergy, I ask that everyone bow their 

10   head in a moment of silent reflection and/or 

11   prayer.

12                (Whereupon, the assemblage respected 

13   a moment of silence.)

14                ACTING PRESIDENT BAILEY:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Sunday, 

17   March 10, 2019, the Senate met pursuant to 

18   adjournment.  The Journal of Saturday, March 9, 

19   2019, was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT BAILEY:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator Serrano.

 7                SENATOR SERRANO:   Thank you, 

 8   Mr. President.  

 9                I move that the following bills be 

10   discharged from their respective committees and 

11   be recommitted with instructions to strike the 

12   enacting clause:  Senate Bill 4002, by 

13   Senator May.

14                ACTING PRESIDENT BAILEY:   It is so 

15   ordered.

16                SENATOR SERRANO:   Mr. President, I 

17   also move to have the following bills discharged 

18   from their respective committees and be 

19   recommitted with instructions to strike the 

20   enacting clause:  Senate Bill 3898, by 

21   Senator Jackson.

22                ACTING PRESIDENT BAILEY:   So 

23   ordered.

24                SENATOR SERRANO:   Mr. President.

25                ACTING PRESIDENT BAILEY:   Senator 


 1   Flanagan.

 2                SENATOR FLANAGAN:   Thank you, 

 3   Mr. President.  

 4                By the way, Mr. President, you look 

 5   real good up there today.  You look good every 

 6   day, but you look real good standing up there.

 7                Thank you for recognizing me.  And 

 8   thank you to Senator Serrano and to Senator 

 9   Stewart-Cousins.  

10                In the absence of clergy, we 

11   observed a moment of silence.  I would 

12   respectfully ask that we do the same in honor of 

13   Speaker Mel Miller.  I rise very quickly -- Mel 

14   was an iconic figure in New York politics, and 

15   he'll be memorialized on a separate occasion.  

16                But great leader, great legislator, 

17   great human being, revered and respected by 

18   people for many, many years.  And my father and 

19   he were very good friends.  My father served with 

20   him in the New York State Assembly.  And I 

21   mentioned to some of my colleagues today there 

22   was a point in time where they both got pilloried 

23   by the press because they were working together 

24   on criminal justice reform back in the eighties.  

25   So there was camaraderie and bipartisanship on 


 1   things that could be important.  

 2                But the real point is that 

 3   New Yorkers and clearly the Miller family 

 4   suffered a tremendous loss with his passing.  I 

 5   wish Godspeed to his family and join my 

 6   colleagues in mourning his passing.

 7                Thank you.

 8                ACTING PRESIDENT BAILEY:   At the 

 9   request of Senator Flanagan, the body shall 

10   observe a moment of silence.  Please rise.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BAILEY:   May the 

14   legacy of Speaker Miller last forever.  

15                Thank you, Senator Flanagan, for 

16   your kind words.

17                Senator Serrano.

18                SENATOR SERRANO:   Thank you, 

19   Mr. President.  

20                Can we please take up previously 

21   adopted Resolution 523, by Senator Kennedy.  Can 

22   you read the resolution title only and recognize 

23   Senator Kennedy on this resolution.

24                ACTING PRESIDENT BAILEY:   The 

25   Secretary will read.


 1                THE SECRETARY:   Senate Resolution 

 2   Number 523, by Senator Kennedy, commending 

 3   Dr. Brian J. O'Dwyer, Esq., upon the occasion of 

 4   his designation as Grand Marshal of the New York 

 5   City St. Patrick's Day Parade.

 6                ACTING PRESIDENT BAILEY:   Senator 

 7   Kennedy on the resolution.

 8                SENATOR KENNEDY:   Thank you, 

 9   Mr. President.

10                Let me start by wishing everybody a 

11   Happy St. Patrick's Week; where I come from, a 

12   Happy St. Patrick's Month.

13                I want to recognize and I rise to 

14   honor a true patriot, Brian J. O'Dwyer, upon the 

15   occasion of his designation as Grand Marshal of 

16   the New York City St. Patrick's Day Parade.  We 

17   are graced with the presence of Mr. O'Dwyer.  I 

18   would ask him to rise.  He's joined by two of his 

19   great friends and colleagues, Michael Carroll, a 

20   partner in the O'Dwyer & Bernstien law firm, as 

21   well as Siobhan Dennehy, who is the director of 

22   the Emerald Isle Immigration Center.  

23                Brian is a native New Yorker who 

24   comes from a legendary New York Irish-American 

25   family.  He's the son of Kathleen Rohan and 


 1   Paul O'Dwyer.  Paul O'Dwyer was a civil rights 

 2   activist and president of the New York City 

 3   Council from 1974 to 1979, who emigrated to 

 4   New York from County Mayo, Ireland.  And Brian is 

 5   the nephew of the Honorable William O'Dwyer, the 

 6   100th mayor of New York City.

 7                Brian was educated in the New York 

 8   City public school system and graduated from the 

 9   High School of Music and Art and received a 

10   Bachelor of Arts degree from George Washington 

11   University and a Master of Arts degree from 

12   Middlebury College in Madrid.

13                Additionally, he holds a Juris 

14   Doctorate degree from Georgetown University and a 

15   Master of Laws from George Washington University.  

16   In July 2013 he was awarded an honorary degree of 

17   Doctor of Philosophy by Dublin City University.  

18                As a son of Irish immigrants, he has 

19   been especially active in the American Irish 

20   community and has been a consummate advocate for 

21   immigrants rights.  He was the founder of the 

22   Emerald Isle Immigration Center, which is the 

23   largest Irish immigrant center in the 

24   United States.  

25                In its 25 years of existence, the 


 1   center has helped thousands of Irish men and 

 2   women as they immigrated into New York City.  The 

 3   immigration center is not exclusive to Irish 

 4   immigrants; it helps immigrants all over the 

 5   globe.

 6                Brian was the founder of the Emerald 

 7   Isle Immigration Center, and on top of that his 

 8   extensive work in the scientific arena has 

 9   concentrated largely on promoting Irish and Irish 

10   American interests, serving as national chairman 

11   of Irish Americans for Clinton-Gore in 1992 and 

12   in 1996.  

13                Brian was also a member of the 

14   delegation that accompanied President Clinton to 

15   Ireland on each of his three trips, and served as 

16   an advisor to the White House on Irish issues, 

17   including the peace process.  He was later 

18   appointed by President Clinton as a commissioner 

19   of the President's Commission on White House 

20   Fellowships and was awarded the director 

21   citation for exemplary public service by the 

22   White House.  

23                In June 2011, Secretary of State 

24   Hillary Clinton appointed him as commissioner of 

25   the United States National Commission for UNESCO.  


 1                Brian has actively worked to advance 

 2   Ireland's causes and interests in the 

 3   United States.  He presently serves as chairman 

 4   of the Irish Chamber of Commerce USA, where he 

 5   works to facilitate American investment in 

 6   Ireland and Northern Ireland.  

 7                He has accompanied numerous U.S. 

 8   public officials on their trips to Ireland and 

 9   Northern Ireland, and he has served as a member 

10   of the Board of Ireland West Airport in Knock, 

11   County Mayo.

12                Brian has been recognized countless 

13   times for his lifelong work on behalf of the 

14   causes of Ireland, including being named a Knight 

15   of the Holy Sepulchre, receiving the Child of 

16   Peace Award by the Catholic Home Bureau, the Sean 

17   MacBride Humanitarian Award by the Ancient Order 

18   of Hibernians and the Ellis Island Medal of Honor 

19   Award and the Outreach Project Annual Service 

20   Award in 1994, just to name a few.

21                In June 2012 he was honored as one 

22   of the top 25 Irish who have made a difference by 

23   Irish Voice Magazine.  And the Irish Echo, the 

24   oldest Irish American newspaper, awarded him its 

25   2013 Man of the Year Award.


 1                Brian is married to the former 

 2   Marianna Page MacWilliam, and they have two 

 3   children, Brendan Keith O'Dwyer and Kathleen Page 

 4   O'Dwyer.  They are the proud grandparents of four 

 5   grandchildren:  Paul Ellis O'Dwyer, Patrick 

 6   Trescott O'Dwyer, Reilly Page O'Dwyer, and Hailey 

 7   Grace O'Dwyer.  It doesn't get any more Irish 

 8   than that, Mr. President.

 9                (Laughter.)

10                SENATOR KENNEDY:   Brian will lead 

11   the marchers up Fifth Avenue on Saturday, 

12   March 16, 2019, in the 258th New York City 

13   St. Patrick's Day Parade.

14                He has encouraged and I now 

15   encourage anyone attending to take a moment to 

16   stop at Fifth Avenue and 54th Street to honor his 

17   maternal grandmother, Mary Rohan, who came from 

18   Galway in the 1890s and was a housemaid at that 

19   location, who helped pave the way for a great 

20   lineage of Irish Americans.  

21                The parade is the world's oldest and 

22   largest civic parade and celebrates the faith of 

23   Ireland, Irish heritage and culture.

24                Brian O'Dwyer is a man who is 

25   beloved in New York's Irish American community 


 1   and in Ireland and all across this great 

 2   United States of America.  He is an outstanding 

 3   Irish American who has devoted a huge amount of 

 4   his considerable energy and charisma to building 

 5   enduring ties between Ireland and America.  His 

 6   work in the cause of peace, justice and the 

 7   economic well-being of the Irish people and all 

 8   people across this nation, across the pond and 

 9   across the globe, is unmatched.  

10                I am proud to call him my friend.  I 

11   am proud to have him grace us with his presence 

12   here today in this chamber.  And I would ask you, 

13   Mr. President, to give him all the honors this 

14   chamber has to bestow upon him.  

15                Mr. President, I present to you the 

16   Grand Marshal of the New York City St. Patrick's 

17   Day Parade, Mr. Brian O'Dwyer.

18                (Standing ovation.)

19                ACTING PRESIDENT BAILEY:   Thank 

20   you, Senator Kennedy.  

21                Senator Liu on the resolution.

22                SENATOR LIU:   Thank you, 

23   Mr. President.

24                Senator Kennedy has already 

25   articulated excerpts of his book about Brian 


 1   O'Dwyer -- 

 2                (Laughter.)

 3                SENATOR LIU:   -- including 

 4   mentioning him as a beloved figure in the 

 5   Irish American community.  I will only say that 

 6   Brian O'Dwyer is loved far beyond the 

 7   Irish American community.  

 8                You know, truth be told, I cannot 

 9   claim to be Irish, but Brian has always mentioned 

10   that he and I hail -- both are natives of 

11   relatively small green islands with a very large 

12   neighbor off our coast.  

13                (Laughter.)

14                SENATOR LIU:   And so we share that 

15   in common.  

16                He and I have traveled up and down 

17   Ireland, from Dublin to Belfast and everything in 

18   between.  And notwithstanding his forewarnings, 

19   there never rained a drop.  In fact, it was sunny 

20   every single day I was there.  And so I refuse to 

21   this day to believe that it ever rains in 

22   Ireland.  

23                But I do want to thank Mr. O'Dwyer 

24   for all the service that he has rendered for 

25   Americans all throughout, but certainly for the 


 1   people of New York City, as he has been an 

 2   incredible advisor on a number of issues.  And 

 3   with respect to my former responsibilities, his 

 4   advice on the wise use of our pension funds, 

 5   including adherence to the MacBride Principles to 

 6   help further and promote peace in the North.  

 7                And with that, Brian, great to see 

 8   you.  And thank you, Senator Kennedy, for this 

 9   wonderful resolution.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT BAILEY:   Thank 

12   you, Senator Liu.  

13                Senator Kavanagh on the resolution.

14                SENATOR KAVANAGH:   Thank you, 

15   Mr. President.  I already -- I will join my 

16   colleague Senator Liu in deferring to the 

17   characteristic thoroughness of my colleague 

18   Senator Kennedy, in this case justifiably so, 

19   laying out the extraordinary career of 

20   Brian O'Dwyer.  

21                But I would be remiss if I did not 

22   just join, first of all, in saying to Senator Liu 

23   that this time of the year anybody can claim to 

24   be Irish.  So all of you who want to join us 

25   either tonight at the American Irish Legislators 


 1   Society Dinner, where Mr. O'Dwyer will I believe 

 2   also be joining us and being honored there, is 

 3   welcome, and welcome to claim Irishness today and 

 4   throughout the next week and a half or so.  

 5                And I just would be remiss also if I 

 6   didn't join in saying that, you know, for those 

 7   of us in public service, for those of us who are 

 8   trying to figure out complicated problems that 

 9   our city and our state and our country face -- 

10   and for those of us trying to make sure that 

11   Irish Americans live up to the great tradition of 

12   standing up for justice not just for 

13   Irish Americans, but for all Americans and all 

14   people -- Brian O'Dwyer, through all of his work, 

15   particularly his work for immigrants, is a great 

16   example and a great model, and it's a great honor 

17   to have him here with us today.  

18                So thank you, Mr. President.

19                ACTING PRESIDENT BAILEY:   Thank 

20   you, Senator Kavanagh.

21                Senator Biaggi on the resolution.

22                SENATOR BIAGGI:   Thank you, 

23   Mr. President.  

24                I want to -- I stand -- actually, I 

25   rise today to congratulate Mr. O'Dwyer.  And I 


 1   want to congratulate you and thank you for all of 

 2   your outstanding efforts on peace, on public 

 3   service, on justice.  

 4                And I thank you on behalf not only 

 5   of myself and my colleagues and my constituents 

 6   in District 34, but also on behalf of the Biaggi 

 7   family and my grandfather Mario, who would not go 

 8   a day without speaking about the Irish issue and 

 9   how important it was to fight for peace in 

10   Northern Ireland.  

11                And because of that, it has become 

12   important to myself, to my entire family, and I 

13   also will not let a day go by where we don't 

14   speak about the importance of keeping the 

15   awareness on that issue alive and understanding 

16   what happens when two -- what happens when the 

17   wrong people are in the wrong places at the wrong 

18   time.  But we have wonderful advocates like 

19   yourself, and I just really am very grateful.  

20                So thank you.  Congratulations.  And 

21   we're very happy to have you here today.

22                ACTING PRESIDENT BAILEY:   Thank 

23   you, Senator Biaggi.

24                Senator Jackson on the resolution.

25                SENATOR JACKSON:   Thank you, 


 1   Mr. President.  

 2                I rise to congratulate Brian.  I've 

 3   known him for many years.  As a member of the 

 4   City Council, I had the opportunity to go with 

 5   Brian and many other leaders of the City Council 

 6   to Ireland and Northern Ireland, and I got to see 

 7   the differences and some of the situations which 

 8   are not the most positive, but obviously that's 

 9   life.

10                But I say to Brian:  Thank you for 

11   your leadership, and knowing that you have been 

12   an inspiration to so many people, and in 

13   especially the most northern part of my district, 

14   Inwood, which was the bedrock of the Irish 

15   community and still is -- some of the old-timers 

16   are still living there.  

17                I just want to congratulate you on 

18   being a leader in our great City of New York and 

19   our country.  Congratulations.

20                ACTING PRESIDENT BAILEY:   Thank 

21   you, Senator Jackson.

22                On the resolution, Senator Krueger.

23                SENATOR KRUEGER:   Thank you.  

24                I represent the 28th District on the 

25   East Side of Manhattan.  And whenever the parade 


 1   ends, I feel that there are more Irish people in 

 2   my district than in the entire country of 

 3   Ireland.  And we always have an amazing 

 4   celebration in the restaurants and bars and on 

 5   the streets, and I guess we're going to be doing 

 6   so again this weekend.  And hopefully we'll all 

 7   have good weather for the parade.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT BAILEY:   Thank 

10   you, Senator Krueger.

11                Senator Gounardes on the resolution.

12                SENATOR GOUNARDES:   Thank you, 

13   Mr. President.  

14                You know, a lot's been said about 

15   Brian and all of his accolades and achievements.  

16   But on a personal note, Brian knows my brother 

17   very well.  They've known each or other for many, 

18   many years.  

19                And the thing that gets lost in 

20   talking about his achievements and his 

21   accomplishments and his record of service is that 

22   he doesn't forget about the generation behind him 

23   or the generations behind him.  And he is a 

24   mentor and a friend to so many people, younger 

25   people.  


 1                My brother knows him through the 

 2   fraternity they both pledged -- a couple of years 

 3   apart.  But he never forgot.  And he's never 

 4   forgotten to turn around and help someone else up 

 5   the ladder with himself.  

 6                So that can't be forgotten, and I 

 7   think we need to call attention to that on top of 

 8   all the other great things that Senator Kennedy 

 9   listed in his remarks, as did the rest of my 

10   colleagues.

11                So Brian, thank you very much for 

12   being a friend and a mentor to my family and to 

13   countless other young people who are trying to 

14   follow in your footsteps in public service.

15                Thank you.

16                ACTING PRESIDENT BAILEY:   Thank 

17   you, Senator Gounardes.  

18                The resolution was previously 

19   adopted on February 27th.  

20                And Mr. O'Dwyer, on behalf of the 

21   New York State Senate, I wanted to thank you for 

22   not only being a leader for your community but 

23   for people as well.  

24                We extend all the cordialities of 

25   this chamber and house.  And once again, please 


 1   receive a round of applause.  

 2                Please rise and give him a round of 

 3   applause.

 4                (Standing ovation.)

 5                ACTING PRESIDENT BAILEY:   Senator 

 6   Serrano.

 7                SENATOR SERRANO:   Mr. President, 

 8   can we please take up previously adopted 

 9   Resolution 313, by Senator Kennedy, read the 

10   resolution in title only, and recognize 

11   Senator Kennedy on the resolution.

12                ACTING PRESIDENT BAILEY:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   Number 313, by Senator Kennedy, memorializing 

16   Governor Andrew M. Cuomo to proclaim January 21, 

17   2019, as Irish Declaration of Independence Day in 

18   the State of New York.

19                ACTING PRESIDENT BAILEY:   Senator 

20   Kennedy on the resolution.

21                SENATOR KENNEDY:   Thank you, 

22   Mr. President.

23                'Tis the season.  Today I rise in 

24   honor of the 100th anniversary of Irish 

25   independence, marked by the first meeting of the 


 1   Irish Republic, the first Dail Eireann in the 

 2   Round Room of the Mansion House, the residence of 

 3   the Lord Mayor of Dublin.  

 4                In the December 1918 election to the 

 5   Parliament of the United Kingdom, the Irish 

 6   Republican Party, Sinn Fein, won a landslide 

 7   victory in Ireland.  The landslide victory for 

 8   Sinn Fein was seen by Irish Republicans as an 

 9   overwhelming endorsement of the principle of a 

10   united, independent Ireland.  

11                On January 21, 1919, 27 members of 

12   Parliament assembled in Dublin and, in line with 

13   the Sinn Fein manifesto, refused to take their 

14   seats.  And on that day they founded a separate 

15   Parliament in Dublin called the Dail Eireann, or 

16   the Assembly of Ireland.  

17                They declared Irish independence, 

18   ratifying the Dail Constitution; the Declaration 

19   of Independence; the Message to the Free Nations 

20   of the World, calling for international 

21   recognition of Irish independence; and the 

22   Democratic Programme, a declaration of social and 

23   economic policy.  These documents were the 

24   foundation to the independent Irish Republic.  It 

25   stated that the elected representatives of the 


 1   Irish people alone have power to make laws 

 2   binding on the people of Ireland, and that the 

 3   Irish Parliament is the only parliament to which 

 4   that people will have its allegiance.  

 5                The Dail Eireann went on to form a 

 6   32-county Irish Republic Parliament.  The first 

 7   Dail Eireann unilaterally declared sovereignty 

 8   over the entire island.  The first Dail met 21 

 9   times, and its main business was establishing the 

10   Irish Republic.  It created the beginnings of an 

11   independent Irish government and state.  

12                I stand here today to pay tribute to 

13   the rich cultural heritage that comes with being 

14   an Irish American, and those who served in the 

15   first Dail, leading the way to Irish independence 

16   and helping to make Ireland the country that it 

17   is today.

18                As almost all of you know, our Irish 

19   heritage is held near and dear to our hearts.  

20   All of our veteran colleagues have heard us stand 

21   up on this floor and talk about how important it 

22   is to recognize where we come from, as all of our 

23   respective heritages and ethnicities do.

24                Myself, I was born and raised in 

25   South Buffalo, where there's a deep cultural 


 1   kinship to Ireland, and the relationship has 

 2   existed with our state for centuries.  Irish 

 3   immigrants were some of the earliest settlers in 

 4   this great state and in this great nation and 

 5   have played a major role in the growth of the 

 6   economy and the fight for the rights that 

 7   continue today.

 8                By the mid-1800s, in my hometown of 

 9   Buffalo, there were thousands of Irish that were 

10   living in the First Ward, and then it gave way to 

11   South Buffalo and spread throughout the region.

12                From Bishop Tymann High School to 

13   the James Joyce Collection at the University of 

14   Buffalo, the connection of Buffalonians to their 

15   Irish heritage remains visible and is an 

16   important part of our city's heritage.  

17                I'd like to thank the Ancient Order 

18   of Hibernians of New York and the Ladies of the 

19   Ancient Order of Hibernians of New York State for 

20   all of their hard work and dedication to the free 

21   Irish state and to the continuing education and 

22   legacy of the Irish and all of Ireland throughout 

23   this great state.

24                Thank you very much, Mr. President.  

25   And to all of my colleagues, I wish you a happy 


 1   St. Patrick's Day.

 2                ACTING PRESIDENT BAILEY:   Thank 

 3   you, Senator Kennedy.

 4                The resolution was previously 

 5   adopted on January 29th.  

 6                And may I say, as a Bailey, I am 

 7   proud to be an honorary member of the Irish.

 8                (Laughter.)

 9                ACTING PRESIDENT BAILEY:   Thank 

10   you, Senator Kennedy, for the resolution.

11                Senator Serrano.

12                SENATOR SERRANO:   Mr. President, 

13   could we open up both resolutions for 

14   cosponsorship?  

15                ACTING PRESIDENT BAILEY:   The 

16   resolutions are open for cosponsorship.  Should 

17   you not choose to be a cosponsor, please notify 

18   the desk.

19                Senator Serrano.

20                SENATOR SERRANO:   Thank you, 

21   Mr. President.

22                Can we now take up the reading of 

23   the calendar.

24                ACTING PRESIDENT BAILEY:   The 

25   Secretary will read.


 1                THE SECRETARY:   Calendar Number 62, 

 2   Senate Print 509, by Senator Kennedy, an act to 

 3   amend the General Municipal Law.

 4                ACTING PRESIDENT BAILEY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BAILEY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BAILEY:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 62:  Ayes, 60.  Nays, 1.  Senator 

15   Krueger recorded in the negative.  

16                ACTING PRESIDENT BAILEY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 64,  

19   Senate Print 2314, by Senator Addabbo, an act to 

20   amend Chapter 473 of the Laws of 2010 amending 

21   the Racing, Pari-Mutuel Wagering and Breeding 

22   Law.

23                ACTING PRESIDENT BAILEY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


 1   act shall take effect immediately.

 2                ACTING PRESIDENT BAILEY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BAILEY:   Announce 

 6   the results.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT BAILEY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 65, 

11   Senate Print 2315, by Senator Addabbo, an act to 

12   amend the Racing, Pari-Mutuel Wagering and 

13   Breeding Law.

14                ACTING PRESIDENT BAILEY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT BAILEY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BAILEY:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT BAILEY:   The bill 

25   is passed.


 1                THE SECRETARY:   Calendar Number 

 2   152, Senate Print 3161A, by Senator Amedore, an 

 3   act to amend the Highway Law.

 4                ACTING PRESIDENT BAILEY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BAILEY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BAILEY:   Senator 

12   Amedore to explain his vote.

13                SENATOR AMEDORE:   Thank you, 

14   Mr. President, I would like to explain my vote.

15                Sergeant Jeremy VanNostrand was an 

16   outstanding public servant who devoted his career 

17   to keeping his community safe, first as a 

18   corrections officer, and then for six years he 

19   was a New York State Trooper in Troop G.  His 

20   life was tragically cut short last fall in a 

21   motor vehicle accident when he was on his way to 

22   work.  

23                Sergeant VanNostrand left behind a 

24   wife, a young daughter, and a large extended 

25   family, along with the New York State Police 


 1   family.  His loss has been felt deeply throughout 

 2   the entire community since this tragic event.

 3                This bill will rename a portion of 

 4   the highway that runs directly in front of the 

 5   barracks in his honor, and it will serve as a 

 6   lasting legacy of his service to the community he 

 7   so loved very much.

 8                So thank you, Mr. President, for 

 9   this.

10                ACTING PRESIDENT BAILEY:   Thank 

11   you, Senator Amedore.  

12                Senator Amedore to be recorded in 

13   the affirmative.

14                Announce the results.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT BAILEY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   223, Senate Print 1721, by Senator Ramos, an act 

20   to amend the Workers' Compensation Law.

21                SENATOR GRIFFO:   Lay it aside.

22                ACTING PRESIDENT BAILEY:   Lay it 

23   aside.

24                THE SECRETARY:   Calendar Number 

25   227, Senate Print 2906, by Senator Griffo, an act 


 1   to amend the Executive Law.

 2                ACTING PRESIDENT BAILEY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BAILEY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BAILEY:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT BAILEY:   The bill 

13   is passed.

14                Senator Serrano, that completes the 

15   reading of today's noncontroversial calendar.

16                SENATOR SERRANO:   Thank you, 

17   Mr. President.  Can we now go to the reading of 

18   the controversial calendar.

19                ACTING PRESIDENT BAILEY:   The 

20   Secretary will ring the bell.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   223, Senate Print 1721, by Senator Ramos, an act 

24   to amend the Workers' Compensation Law.

25                ACTING PRESIDENT BAILEY:   Senator 


 1   Griffo, why do you rise?

 2                SENATOR GRIFFO:   Mr. President, I 

 3   believe there's an amendment at the desk.  I 

 4   would waive the reading of that amendment and ask 

 5   that you call upon Senator Flanagan to be 

 6   recognized for an explanation.

 7                ACTING PRESIDENT BAILEY:   Thank 

 8   you, Senator Griffo.  

 9                Upon review of the amendment, in 

10   accordance with Rule 6, Section 4B, I rule it 

11   nongermane and out of order at this time.

12                SENATOR GRIFFO:   Accordingly, I 

13   appeal the ruling of the chair and ask that 

14   Senator Flanagan be called upon and heard.

15                ACTING PRESIDENT BAILEY:   The 

16   appeal has been made and recognized, and 

17   Senator Flanagan may be heard.  

18                Senator Flanagan.

19                SENATOR FLANAGAN:   Thank you, 

20   Mr. President.  And thank you, Senator Griffo.

21                I will be brief but sincere.  The 

22   guts of this bill is a bill that we passed 

23   previously.  There is a fund in the State of 

24   New York which we grew to $69 million, the 

25   Electric Generating Facility Mitigation Fund.  


 1   This legislation would expand those eligible 

 2   entities to include school districts and to allow 

 3   for a school district tax stabilization reserve 

 4   fund for districts that find themselves on the 

 5   short end of a massive tax certiorari proceeding.  

 6                This is a statewide bill.  It allows 

 7   for access from school districts all across the 

 8   State of New York.

 9                On Long Island, and in particular in 

10   my hometown of Huntington, there is an 

11   extraordinarily egregious and acute set of 

12   circumstances that is facing the Town of 

13   Huntington, the Northport School District, the 

14   taxpayers of all the school districts in 

15   Huntington.  It affects Senator LaValle, affects 

16   Senator Gaughran, affects Senator Kaminsky, 

17   effects a number of colleagues on Long Island but 

18   also in the State of New York.  And this is not a 

19   case of first impression.

20                The magnitude of this issue is such 

21   that the pending court case that involves LIPA 

22   suing these entities could have an impact on the 

23   low end of $500 million and, as time moves on, 

24   upwards of seven, eight, $900 million in back 

25   taxes that would have to be paid immediately.  


 1                If that were to be the case and we 

 2   didn't do something like this to help ameliorate 

 3   that situation, the community of Huntington or 

 4   the Township of Huntington and the Northport 

 5   School District will be absolutely devastated.  

 6   Absolutely devastated.

 7                It will also adversely affect the 

 8   County of Suffolk, who would have to front this 

 9   money and then charge it back to the people who 

10   live in the Town of Huntington.  

11                This is serious business.  There is 

12   a pending court case.  There is an ongoing trial 

13   right now.  And I hope some of my colleagues 

14   never find themselves in this situation, but it 

15   has happened in other communities across the 

16   State of New York.  But all of them put together 

17   would pale in comparison to what is pending in 

18   this litigation right now.

19                The Town of Huntington, in a 

20   bipartisan capacity, unanimously has supported 

21   this bill.  We have worked on this in the past.  

22   And this is sort of a preventive measure in light 

23   of what may happen.  Because I guarantee you 

24   while this may not seem to affect everyone right 

25   now, if this court case goes the way a lot of 


 1   people are talking about, I'm talking about the 

 2   utter devastation of several major communities on 

 3   Long Island.

 4                I bring this with the utmost 

 5   sincerity.  I hope that the body would consider 

 6   it.  And if we don't consider it now, we'll be 

 7   back here someday considering it under much more 

 8   dire circumstances.  

 9                Thank you, Mr. President.

10                ACTING PRESIDENT BAILEY:   Thank 

11   you, Senator Flanagan.

12                I want to remind the house that the 

13   vote is on the procedures of the house and the 

14   ruling of the chair.  

15                Those in favor of overruling the 

16   chair signify by saying.  

17                (Response of "Aye.")

18                SENATOR GRIFFO:   Show of hands, 

19   please.

20                ACTING PRESIDENT BAILEY:   A show of 

21   hands has been requested and so ordered.

22                (Show of hands.)  

23                THE SECRETARY:   Ayes, 22.

24                ACTING PRESIDENT BAILEY:   The 

25   ruling of the chair stands, and the bill-in-chief 


 1   is before the house.

 2                Senator Griffo.

 3                SENATOR GRIFFO:   I'd ask that you 

 4   recognize Senator Ranzenhofer, please.

 5                ACTING PRESIDENT BAILEY:   Senator 

 6   Ranzenhofer.

 7                SENATOR RANZENHOFER:   Thank you, 

 8   Mr. President.  Will the sponsor yield for a few 

 9   questions?

10                ACTING PRESIDENT BAILEY:   Senator 

11   Ramos, do you yield?

12                SENATOR RAMOS:   Yes, Mr. President.  

13                SENATOR RANZENHOFER:   Thank you, 

14   Senator.  

15                Through you, Mr. President, if the 

16   sponsor could give an explanation and just 

17   explain what the purpose of this legislation is.

18                SENATOR RAMOS:   Mr. President, the 

19   purpose of this bill is to codify Executive Order 

20   Number 26, which was signed in 2011.  But 

21   unfortunately, translation services have been 

22   denied to approximately 42 percent of claimants 

23   before the Workers' Compensation Board.  

24                This bill is about accountability 

25   and transparency and ensuring that there is a 


 1   coordinator on hand who is tracking to ensure 

 2   that these hearings are translated appropriately 

 3   and ensuring that every single claimant who is 

 4   heard before the Workers' Compensation Board is 

 5   understanding of their rights.

 6                SENATOR RANZENHOFER:   Will the 

 7   sponsor will continue to yield?  

 8                ACTING PRESIDENT BAILEY:   Does the 

 9   sponsor yield?

10                SENATOR RAMOS:   Yes.

11                ACTING PRESIDENT BAILEY:   The 

12   sponsor yields.

13                SENATOR RANZENHOFER:   What is the 

14   current Workers' Compensation Board policy on 

15   this issue?

16                SENATOR RAMOS:   The current policy 

17   is according to Executive Order 26, that compels 

18   the Workers' Compensation Board to provide 

19   translation.

20                Again, the purpose of this bill is 

21   to codify that to ensure that translation 

22   services are actually being offered and carried 

23   out for the claimants.

24                SENATOR RANZENHOFER:   Will the 

25   sponsor continue to yield?


 1                ACTING PRESIDENT BAILEY:   Does the 

 2   sponsor yield?  

 3                SENATOR RAMOS:   Yes, Mr. President.

 4                ACTING PRESIDENT BAILEY:   The 

 5   sponsor yields.

 6                SENATOR RANZENHOFER:   Does your 

 7   bill require that all the necessary forms be 

 8   printed in the various languages?  

 9                SENATOR RAMOS:   Yes, Mr. President, 

10   it requires that all documents are printed in the 

11   top six non-English languages in our state.

12                SENATOR RANZENHOFER:   If the 

13   sponsor will continue to yield, Mr. President.

14                ACTING PRESIDENT BAILEY:   Does the 

15   sponsor yield?  

16                SENATOR RAMOS:   Yes, Mr. President.

17                ACTING PRESIDENT BAILEY:   The 

18   sponsor yields.

19                SENATOR RANZENHOFER:   In looking at 

20   the Workers' Compensation Board website, I notice 

21   that all the forms are already in different 

22   languages.  So my question is doesn't the board 

23   already provide forms in different languages for 

24   claimants that appear before the board?  

25                SENATOR RAMOS:   Again, the purpose 


 1   of this bill is to codify what is suggested in 

 2   Executive Order 26.  And beyond that, ensuring 

 3   that there is a person tasked with tracking and 

 4   ensuring that the Workers' Compensation Board is 

 5   in compliance and helping claimants understand 

 6   their rights.

 7                SENATOR RANZENHOFER:   Will the 

 8   sponsor continue to yield?  

 9                ACTING PRESIDENT BAILEY:   Does the 

10   sponsor yield?  

11                SENATOR RAMOS:   Yes, Mr. President.

12                ACTING PRESIDENT BAILEY:   The 

13   Senator yields.

14                SENATOR RANZENHOFER:   Senator, what 

15   is the difference between your bill and the 

16   current Workers' Compensation Board policy?

17                SENATOR RAMOS:   Mr. President, the 

18   difference between my bill and the current policy 

19   is ensuring that there is a coordinator who is in 

20   charge of ensuring that claimants are receiving 

21   interpretation services.

22                As of right now, approximately 

23   42 percent, based on numbers that we have from 

24   2017, which is the latest data, have not received 

25   appropriate interpretation before the Workers' 


 1   Compensation Board.

 2                SENATOR RANZENHOFER:   If the 

 3   Senator will continue to yield.

 4                ACTING PRESIDENT BAILEY:   Does the 

 5   sponsor yield?  

 6                SENATOR RAMOS:   Yes, Mr. President.

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR RANZENHOFER:   Would it be 

10   correct to say that your bill requires that this 

11   take place, these interpretive languages and 

12   translators for hearings, take place in the six 

13   most common languages?  Is that correct?  

14                SENATOR RAMOS:   That is correct, 

15   Mr. President.

16                SENATOR RANZENHOFER:   And if the 

17   sponsor will continue to yield.

18                ACTING PRESIDENT BAILEY:   Does the 

19   sponsor yield?  

20                SENATOR RAMOS:   Yes.

21                ACTING PRESIDENT BAILEY:   The 

22   sponsor yields.  

23                SENATOR RANZENHOFER:   Is the 

24   sponsor aware that under current board policy, 

25   that the board currently provides this service 


 1   for the eight most common languages?  

 2                SENATOR RAMOS:   Yes.  But again, 

 3   Mr. President, it has not been effective.  And 

 4   the purpose of this bill is to codify and ensure 

 5   that claimants are in complete understanding of 

 6   their rights.

 7                Unfortunately, we even know that 

 8   hearings have not been translated in their 

 9   entirety.  So this is to ensure that there's more 

10   accountability for all parties involved in these 

11   Workers' Compensation Board hearings.

12                SENATOR RANZENHOFER:   If the 

13   sponsor will continue to yield.

14                ACTING PRESIDENT BAILEY:   Does the 

15   sponsor yield?  

16                SENATOR RAMOS:   Yes, Mr. President.

17                ACTING PRESIDENT BAILEY:   The 

18   sponsor yields.

19                SENATOR RANZENHOFER:   Obviously a 

20   law, if enacted, would have more force and effect 

21   than a policy.  So if this law limits it to six 

22   languages, what two languages are you proposing 

23   be eliminated so claimants in those languages 

24   would no longer have any availability for those 

25   services?


 1                SENATOR RAMOS:   The board would not 

 2   be required to limit themselves to those six.  

 3   What we're doing is ensuring that the top six are 

 4   provided.  We're not sure what the other two 

 5   remaining languages would be.  But nevertheless, 

 6   the board would still have the discretion to 

 7   provide interpretation in the languages that are 

 8   not as common as the others.

 9                SENATOR RANZENHOFER:   If the 

10   sponsor will continue to yield.

11                ACTING PRESIDENT BAILEY:   Does the 

12   sponsor yield?  

13                SENATOR RAMOS:   Yes.

14                ACTING PRESIDENT BAILEY:   The 

15   sponsor yields.

16                SENATOR RANZENHOFER:   Obviously 

17   when an administrative board is looking at state 

18   law, they are bound by what the language of the 

19   statute says.  

20                So would the sponsor consider 

21   amending her bill so it's clear to the Workers' 

22   Compensation Board that they should consider all 

23   the eight languages which are currently existing, 

24   rather than giving them the option of eliminating 

25   two as is specifically directed under this bill?


 1                SENATOR RAMOS:   No, Mr. President.

 2                SENATOR RANZENHOFER:   Another 

 3   question that I have -- if the sponsor will 

 4   continue to yield.

 5                ACTING PRESIDENT BAILEY:   Are you 

 6   asking the sponsor to yield?

 7                SENATOR RANZENHOFER:   Yes.  I did.

 8                ACTING PRESIDENT BAILEY:   Will the 

 9   sponsor yield?  

10                SENATOR RAMOS:   Yes, Mr. President.

11                ACTING PRESIDENT BAILEY:   The 

12   sponsor yields.

13                SENATOR RANZENHOFER:   Thank you.  

14                The question is I have is right now 

15   under your bill are you requiring, under this 

16   particular legislation, that an interpreter be at 

17   all of the proceedings that are held before the 

18   Workers' Compensation Board?

19                SENATOR RAMOS:   Mr. President, this 

20   bill does not require in-person translation, 

21   although that would be preferable.  What we are 

22   asking is that translation be provided, whether 

23   it be through various telecommunication 

24   mediums -- but again, ensuring that translation 

25   is actually provided in all hearings in its 


 1   entirety.

 2                SENATOR RANZENHOFER:   If the 

 3   sponsor will continue to yield.

 4                ACTING PRESIDENT BAILEY:   Does the 

 5   sponsor yield?  

 6                SENATOR RAMOS:   Yes.

 7                ACTING PRESIDENT BAILEY:   The 

 8   sponsor yields.

 9                SENATOR RANZENHOFER:   The sponsor 

10   has alluded to some pretty alarming statistics 

11   that the way things are right now are really not 

12   very good -- in fact, pretty devastating.  And as 

13   I'm sure the Senator knows, that the Workers' 

14   Compensation Board is really an arm of the 

15   Governor, because he has the majority of the 

16   appointments for the board.  And obviously there 

17   are other bodies that make appointments as well.

18                Are you suggesting that the Workers' 

19   Compensation Board, under the Governor's 

20   direction and appointments, is not living up to 

21   the executive order both in spirit and in actual 

22   providing of services?  

23                SENATOR RAMOS:   That is correct, 

24   Mr. President.  Zero out of 51 hearings in which 

25   interpretation services were provided denied full 


 1   translation of the entire hearing.  And again, 

 2   42 percent of claimants did not receive 

 3   interpretation services as requested.

 4                SENATOR RANZENHOFER:   And those are 

 5   all the questions I have.  Thank the Senator for 

 6   her answers.  Thank you very much.

 7                SENATOR RAMOS:   Thank you.

 8                ACTING PRESIDENT BAILEY:   Thank 

 9   you, Senator Ranzenhofer.

10                Are there any other Senators wishing 

11   to be heard?

12                Seeing and hearing none, the debate 

13   is closed, the Secretary will ring the bell.  

14                Senator Serrano.

15                SENATOR SERRANO:   Mr. President, I 

16   am asking for unanimous consent to restore this 

17   bill to the noncontroversial calendar.

18                ACTING PRESIDENT BAILEY:   Without 

19   objection, so ordered.

20                SENATOR SERRANO:   Thank you.

21                ACTING PRESIDENT BAILEY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

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

25   shall have become a law.


 1                ACTING PRESIDENT BAILEY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BAILEY:   Senator 

 5   Ramos to explain her vote.

 6                SENATOR RAMOS:   Thank you, 

 7   Mr. President.

 8                Before running for office, I was the 

 9   director of Latino media for the City of 

10   New York.  And I cannot stress enough how 

11   important it is that every single New Yorker, no 

12   matter what language they are, no matter what the 

13   status of their -- what their immigration status 

14   is, understand exactly what their rights are, 

15   especially as it pertains to their work.  

16                In fact, my first job ever was at a 

17   law firm on Roosevelt Avenue and 83rd Street in 

18   my district, where we specialized in Labor Law 

19   cases.  And one particular case comes to mind.  A 

20   gentleman who came had fallen off of a scaffold, 

21   had appeared before the Workers' Compensation 

22   Board unrepresented, and had actually been denied 

23   payments that were rightfully owed to him and his 

24   family.  

25                So this bill specifically would 


 1   ensure that every single person understands their 

 2   rights, understands the legalese that is often 

 3   spoken by the Workers' Compensation Board, so 

 4   that they can understand the status of their case 

 5   and hopefully win settlements and therefore avoid 

 6   litigation.  

 7                So I want to thank the body for 

 8   hearing the bill today, and I look forward to its 

 9   passage.

10                Thank you, Mr. President.

11                ACTING PRESIDENT BAILEY:   Senator 

12   Ramos to be recorded in the affirmative.

13                Senator May to explain her vote.

14                SENATOR MAY:   Thank you.

15                I want to thank Senator Ramos for 

16   advancing this bill and my colleagues for 

17   supporting it.

18                As a former teacher of one of these 

19   foreign languages, I have served in an informal 

20   capacity many times as an interpreter for people 

21   who were trying to navigate these very complex 

22   issues.  And it is unbelievably important that 

23   they have this support.  And I challenge anyone 

24   in this room who is monolingual in English to 

25   think how you would manage if you found yourself 


 1   in another country where English was not the 

 2   language, how you would navigate these kinds of 

 3   complex legal issues that affected your very 

 4   availability to hold a job or to support your 

 5   family.

 6                So this is really important work 

 7   we're doing, and I thank you, Senator Ramos, for 

 8   putting it forward.

 9                Thank you.

10                ACTING PRESIDENT BAILEY:   Senator 

11   May to be recorded in the affirmative.

12                Senator Akshar to explain his vote.

13                SENATOR AKSHAR:   Mr. President, 

14   thank you.  

15                I just want to remind this body that 

16   a couple of years ago we worked in a bipartisan 

17   effort and put a tremendous amount of work into 

18   reforming a broken workers' compensation system.  

19   A system that I would kindly remind all of you 

20   collects $10 billion a year, and only 49 percent 

21   of that money is going to the injured worker.

22                So while I heard today that the bill 

23   codifies an executive order, I am respectfully 

24   offering that this bill is creating additional 

25   burdens, which ultimately increase costs and 


 1   which will ultimately increase premiums.  So in 

 2   that respect, it runs counterproductive to 

 3   everything that we sought to do in the reforms.  

 4                So if the goal of this body is to 

 5   continue to drive business from this state, I 

 6   would say that we will continue to be successful 

 7   if we put forth policy like this.  

 8                So I, for one, today am choosing to 

 9   stand with the hardworking men and women who 

10   choose to do business in this state, those same 

11   men and women who continue to gut it out day 

12   after day, week after week, month after month, 

13   and struggle on Main Street, New York, to pay 

14   their property taxes, their insurance premiums, 

15   and make their payroll every week.  

16                I'll be voting no, Mr. President.  

17   Thank you.

18                ACTING PRESIDENT BAILEY:   Thank 

19   you, Senator Akshar.  

20                Senator Akshar to be recorded in the 

21   negative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 223, those Senators recorded in 

25   the negative are Senators Akshar, Amedore, 


 1   Antonacci, Helming, Jordan, Lanza, Little, 

 2   O'Mara, Ortt, Ranzenhofer, Serino and Tedisco.

 3                Ayes, 50.  Nays, 12.

 4                ACTING PRESIDENT BAILEY:   The bill 

 5   is passed.

 6                Senator Serrano.

 7                SENATOR SERRANO:   I'd like to 

 8   congratulate Senator Ramos on passing her first 

 9   bill in this house.

10                (Standing ovation.)

11                ACTING PRESIDENT BAILEY:   Senator 

12   Serrano, that completes the reading of today's 

13   calendar.

14                SENATOR SERRANO:   I would like to 

15   announce that there will be an immediate meeting 

16   of the Majority Conference in the Majority 

17   Conference Room.

18                Is there any further business at the 

19   desk?

20                ACTING PRESIDENT BAILEY:   There is 

21   no further business at the desk.

22                SENATOR SERRANO:   That being the 

23   case, Mr. President, I move that we adjourn until 

24   Tuesday, March 12th, at 3:00 p.m.

25                ACTING PRESIDENT BAILEY:   On 


 1   motion, the Senate stands adjourned until 

 2   Tuesday, March 12th, at 3:00 p.m.

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

 4   adjourned.)