Regular Session - May 21, 2019

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		                                                               3971

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 21, 2019

11                      3:46 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3972

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   May 20, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, May 19, 

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

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 20, 


                                                               3973

 1   Senator Sanders moves to discharge, from the 

 2   Committee on Banks, Assembly Bill Number 1940 and 

 3   substitute it for the identical Senate Bill 2245, 

 4   Third Reading Calendar 414.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 32, 

 8   Senator Rivera moves to discharge, from the 

 9   Committee on Health, Assembly Bill Number 1084 

10   and substitute it for the identical Senate Bill 

11   874, Third Reading Calendar 618.

12                ACTING PRESIDENT BENJAMIN:    

13   Substitution so ordered.

14                THE SECRETARY:   On page 34, 

15   Senator Sepúlveda moves to discharge, from the 

16   Committee on Crime Victims, Crime and 

17   Corrections, Assembly Bill Number 6849 and 

18   substitute it for the identical Senate Bill 4566, 

19   Third Reading Calendar 633.

20                ACTING PRESIDENT BENJAMIN:    

21   Substitution so ordered.

22                THE SECRETARY:   On page 40, 

23   Senator Mayer moves to discharge, from the 

24   Committee on Education, Assembly Bill Number 

25   6671A and substitute it for the identical Senate 


                                                               3974

 1   Bill 5323, Third Reading Calendar 709.

 2                ACTING PRESIDENT BENJAMIN:    

 3   Substitution so ordered.

 4                THE SECRETARY:   On page 42, 

 5   Senator May moves to discharge, from the 

 6   Committee on Finance, Assembly Bill Number 7206 

 7   and substitute it for the identical Senate Bill 

 8   4575, Third Reading Calendar 731.

 9                ACTING PRESIDENT BENJAMIN:    

10   Substitution so ordered.

11                THE SECRETARY:   On page 43, 

12   Senator Gounardes moves to discharge, from the 

13   Committee on Aging, Assembly Bill Number 5626 and 

14   substitute it for the identical Senate Bill 4407, 

15   Third Reading Calendar 741.

16                ACTING PRESIDENT BENJAMIN:    The 

17   substitution is so ordered.

18                Messages from the Governor.  

19                Reports of standing committees.

20                Reports of select committees.

21                Communications and reports from 

22   state officers.

23                Motions and resolutions.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Mr. President, 


                                                               3975

 1   on behalf of Senator Gaughran, I wish to call up 

 2   Senate Print 2979, recalled from the Assembly, 

 3   which is now at the desk.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   207, Senate Print 2979, by Senator Gaughran, an 

 8   act to incorporate the Volunteer Exempt 

 9   Firefighter's Benevolent Association of 

10   Huntington Manor and providing for its powers and 

11   duties.

12                SENATOR GIANARIS:   I move to 

13   reconsider the vote by which this bill was 

14   passed.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Secretary will call the roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 53.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is restored to its place on the 

21   Third Reading Calendar.

22                SENATOR GIANARIS:   I offer the 

23   following amendments.

24                ACTING PRESIDENT BENJAMIN:   The 

25   amendments are received.


                                                               3976

 1                SENATOR GIANARIS:   On behalf of 

 2   Senator Savino, on page 42 I offer the following 

 3   amendments to Calendar 728, Senate Print 4080A, 

 4   and ask that said bill retain its place on Third 

 5   Reading Calendar.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   amendments are received, and the bill shall 

 8   retain its place on the Third Reading Calendar.

 9                SENATOR GIANARIS:   On behalf of 

10   Senator Kennedy, I move that the following bills 

11   be discharged from their respective committees 

12   and be recommitted with instructions to strike 

13   the enacting clause:  Senate 3023 and 5405.

14                ACTING PRESIDENT BENJAMIN:   It is 

15   so ordered.

16                SENATOR GIANARIS:   Please recognize 

17   Senator Griffo.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Griffo.

20                SENATOR GRIFFO:   Thank you, 

21   Mr. President.  

22                I would like to move, on behalf of 

23   Senator O'Mara, that Senate Bill 1884 be 

24   discharged from its respective committee and be 

25   recommitted with instructions to strike the 


                                                               3977

 1   enacting clause.

 2                ACTING PRESIDENT BENJAMIN:   It is 

 3   so ordered.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Mr. President, I 

 6   move to adopt the Resolution Calendar, with the 

 7   exception of Resolutions 1462, 1463, 1520, 1521, 

 8   1544, 1546, and 1566.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Gianaris.

11                SENATOR GIANARIS:   Mr. President, 

12   let me revise that list, please.  

13                So I move to adopt the Resolution 

14   Calendar, with the exception of Resolutions 1521, 

15   1544, 1546, and 1566 only.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Gianaris.

18                SENATOR GIANARIS:   And 1564.

19                ACTING PRESIDENT BENJAMIN:   All in 

20   favor of adopting the Resolution Calendar, with 

21   the exception of Resolutions 1521, 1544, 1546, 

22   1564 and 1566, please signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT BENJAMIN:    

25   Opposed, nay.


                                                               3978

 1                (No response.)

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Resolution Calendar is adopted.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Can we now take 

 6   up Resolution 1564, by Leader Stewart-Cousins, 

 7   read that resolution in title only, and recognize 

 8   Senator Brooks on the resolution.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Secretary will read.

11                THE SECRETARY:   Senate Resolution 

12   1564, by Senator Stewart-Cousins, honoring the 

13   distinguished veterans from the State of New York 

14   upon the occasion of their induction into the 

15   New York State Senate Veterans Hall of Fame, to 

16   be celebrated on May 14, 2019.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Brooks on the resolution.

19                SENATOR BROOKS:   Thank you, 

20   Mr. President.

21                Today the Senate honors our 

22   veterans.  Each of us had the opportunity to 

23   nominate an individual to be enrolled in our Hall 

24   of Fame.  My nominee is here in the chambers, Pat 

25   Yngstrom.  Pat is a Vietnam vet, he's an 


                                                               3979

 1   Airborne.  He served with distinction in Vietnam.  

 2   He's also ran the Nassau County Veterans 

 3   Association, and currently serves on my veterans 

 4   advisory committee.  

 5                Pat, like so many veterans, when 

 6   they return back to this country, continue to 

 7   work to help and provide assistance to those who 

 8   served with them.  

 9                We had the opportunity to recognize 

10   four of our veterans today, men and women who 

11   served this country and continue to serve this 

12   country.  We welcome all of them to this chamber.  

13   We thank them for the service they gave to this 

14   country while in uniform and the service they 

15   continue to give this country today.

16                So Mr. President, it is my honor to 

17   recognize all of our veterans here in the 

18   chamber.  And we say to them thank you for the 

19   service you've given, we wish you Godspeed, and 

20   God bless America and all of you for the service 

21   you've provided to this nation.

22                Thank you, Mr. President.

23                (Standing ovation.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   question is on the resolution.  All in favor 


                                                               3980

 1   signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:    

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   resolution is adopted.

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Can we now take 

10   up Resolution 1544, by Senator Martinez, read its 

11   title only, and recognize Senator Martinez.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   1544, by Senator Martinez, commending Grace 

16   African Methodist Episcopal Zion Church of 

17   Patchogue, New York, upon the occasion of 

18   celebrating its 100th Anniversary on May 18, 

19   2019.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Martinez on the resolution.

22                SENATOR MARTINEZ:   Good afternoon, 

23   Mr. President.  

24                I am proud to stand here today to 

25   draw special attention to a church in my district 


                                                               3981

 1   known as Grace A.M.E. Zion Church and celebrating 

 2   100 years of establishment.

 3                Grace A.M.E. Zion Church was founded 

 4   in 1918 by a community of neighbors seeking a 

 5   safe and welcoming space for their congregants.  

 6   The church was founded on the strong belief that 

 7   God is God all the time and for everybody.  The 

 8   mission of the church is to minister to the 

 9   emotional, intellectual, spiritual, environmental 

10   and physical needs of all the people by spreading 

11   the Gospel of Jesus Christ through both word and 

12   deed.  

13                The church serves as a model for 

14   groups who support and uplift through outreach 

15   and faith.  And I would extend my congratulations 

16   and best wishes on behalf of my fellow colleagues 

17   to Grace A.M.E. Zion Church located in Patchogue, 

18   New York, on this great honor.  

19                Thank you.

20                ACTING PRESIDENT BENJAMIN:    The 

21   question is on the resolution.  All in favor 

22   signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT BENJAMIN:    

25   Opposed?  


                                                               3982

 1                (No response.)

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolution is adopted.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Mr. President, 

 6   can we now move to Resolution 1521, by 

 7   Senator May, read its title only, and recognize 

 8   Senator May.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Secretary will read.

11                THE SECRETARY:   Senate Resolution 

12   1521, by Senator May, memorializing Governor 

13   Andrew M. Cuomo to proclaim May 21, 2019, as 

14   Older New Yorkers Day in the State of New York.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   May on the resolution.

17                SENATOR MAY:   Thank you, 

18   Mr. President.

19                As chair of the Senate Committee on 

20   Aging, I am pleased to highlight the importance 

21   of older New Yorkers to our communities, our 

22   state, and society as whole.

23                One in six New Yorkers is 65 or 

24   older, which is why we work so hard on 

25   legislation to ensure that we have the resources 


                                                               3983

 1   and supports in place to meet the evolving needs 

 2   of older New Yorkers.  

 3                But we shouldn't view older 

 4   New Yorkers as a problem to be solved.  They are 

 5   a deep reservoir of talent, experience, energy 

 6   and expertise, from which we can draw as we 

 7   strive to build stronger communities and advance 

 8   a higher quality of life for all.

 9                Older New Yorkers are the lifeblood 

10   of our communities.  They contribute nearly 

11   120 million volunteer hours in service to others.  

12   These services have an estimated value of many 

13   billions of dollars, and an immeasurable impact 

14   on people's lives and on society as a whole.

15                Older New Yorkers live in every 

16   corner of our state, and they are models of a 

17   strong tradition of volunteerism and engaged 

18   citizenship.  They both challenge and inspire us 

19   to follow their example.

20                In 1963, President Kennedy declared 

21   the month of May to be Older Americans Month, so 

22   that each year communities around the nation 

23   might celebrate and reflect on the unique role 

24   older Americans play in our communities, our 

25   state, our nation and the world.


                                                               3984

 1                In the spirit of that proclamation, 

 2   I ask that we too pause in our deliberations to 

 3   recognize and thank older New Yorkers for all 

 4   they have done and continue to do for our 

 5   neighborhoods, our communities, our state and the 

 6   world, and to memorialize Governor Cuomo to 

 7   proclaim this day, May 21, 2019, as Older 

 8   New Yorkers Day in the State of New York.

 9                I'm going to continue, because 

10   several Senators have resolutions in recognition 

11   of particular older New Yorkers, and I am going 

12   to read mine about the Senate's honoree for 

13   outstanding contribution by an older New Yorker.

14                It's my distinct honor today to 

15   recognize Ruth Johnson Colvin as the New York 

16   State Senate honoree for outstanding contribution 

17   by an older New Yorker.  Last week at a luncheon 

18   in her honor, Ruth told us this:  "Age is just a 

19   number," she said.  "I just happen to have a big 

20   number, 102."  Then she went on to describe how 

21   she plays three rounds of golf a week, works out 

22   twice weekly at the gym, while also still writing 

23   and volunteering in the community.  

24                But Ruth is not just wonderful for 

25   her longevity.  An educator, a humanitarian, and 


                                                               3985

 1   a world citizen at heart, she has done amazing 

 2   things with her 102 years.  Born in Chicago, Ruth 

 3   Colvin earned a degree in business from Syracuse 

 4   University in 1959.  Two years later, she 

 5   discovered that more than 11,000 people in 

 6   Syracuse were functionally illiterate, and she 

 7   set out to rectify the problem.  She assembled a 

 8   community network of literacy tutors and worked 

 9   with professional reading specialists to develop 

10   tutor training and instructional resources for 

11   the volunteer network.  She called the initiative 

12   Literacy Volunteers.  

13                That grassroots network would grow 

14   in to Literacy Volunteers of America.  It is now 

15   known as ProLiteracy Worldwide, with a thousand 

16   member organizations across the United States and 

17   more than 100,000 volunteers and students engaged 

18   in its work.

19                Ruth's success in starting a global 

20   literacy movement has earned her the Presidential 

21   Medal of Freedom, induction into the National 

22   Women's Hall of Fame, and nine honorary degrees.  

23   Today, at age 102, she continues to be deeply 

24   engaged in the local community as a literacy 

25   tutor, as a life member of the ProLiteracy and 


                                                               3986

 1   LiteracyCNY boards of directors, and she's at 

 2   work on her 13th book about her remarkable life 

 3   journey.  

 4                Ruth's motto is if you believe in 

 5   your idea, you go from there.  If you do it with 

 6   love, it will work out.  We are fortunate that 

 7   Ruth Colvin believed in her idea and pursued it 

 8   with love.

 9                She exemplifies the power of one 

10   person to make a positive difference in the 

11   world, and she challenges and inspires us all to 

12   do the same.

13                I would ask that this legislative 

14   body recognize Ruth Johnson Colvin as its 2019 

15   honoree for outstanding contribution by an older 

16   New Yorker, and offer her the privileges of the 

17   house.  Thank you.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Serino on the resolution.

20                SENATOR SERINO:   Thank you, 

21   Mr. President.

22                And I would just like to say I 

23   second all the wonderful things that Senator May 

24   said, and congratulations to Ruth today.

25                I rise as the Aging Committee 


                                                               3987

 1   ranking member to congratulate all the seniors 

 2   who are honored here today and to thank them for 

 3   their tremendous contributions to our communities 

 4   and our state.  Our seniors have spent their 

 5   lives building and shaping the communities that 

 6   we know and love, and today's annual event is an 

 7   important reminder of their continued commitment 

 8   to service and volunteerism.  

 9                Each year, reading through the 

10   biographies of the seniors who are honored, I am 

11   always blown away by the incredible list of 

12   accomplishments.  Through their work, they are 

13   sending a clear message:  There is no age limit 

14   on service.  

15                And you know, it's so nice to see 

16   all the young people here today and that you're 

17   listening to this, because this is a lesson that 

18   I think that we can all learn from.

19                It's so easy to get caught up in our 

20   lives, in the day-to-day.  But throughout their 

21   lives these individuals have always found time to 

22   give back by making it a priority.  

23                Today I also wanted to remind this 

24   body that our efforts to honor New York's over 

25   3 million seniors should not be contained only to 


                                                               3988

 1   resolutions like this one.  I urge my colleagues 

 2   to truly listen to the needs of seniors and their 

 3   communities who are urging leaders to make 

 4   New York a better place to age.

 5                Today we recognize just how much our 

 6   seniors are contributing to our communities.  And 

 7   it's an important opportunity for all of us just 

 8   to say thank you.  But we have a true duty to 

 9   ensure that they have the resources they need to 

10   age in place, at home and in the communities that 

11   they love, with dignity.

12                Our seniors deserve to see real 

13   action on the part of the state, and that means 

14   passing measures that actually reduce their cost 

15   of living, considering how new taxes, no matter 

16   how small we might think they are, will impact 

17   them before they're passed into law.  Whether 

18   it's a five-cent tax on a plastic bag or a new 

19   tax on their energy bills, it all adds up.  It 

20   means more effectively combating elder and 

21   financial abuse --

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Serino, please stay germane to the resolution.  

24   You're going into laws.

25                SENATOR SERINO:   Okay, yup.  


                                                               3989

 1                And it means funding the services 

 2   that improve quality of life by bettering 

 3   transportation options, empowering caregivers, 

 4   and providing for the community resources they 

 5   need to stay in their homes as long as possible.

 6                I thank Senator May once again for 

 7   bringing this resolution to the floor to honor 

 8   today's New York seniors.  But moreover, I hope 

 9   all of us here today take this message to heart 

10   and give voice to our seniors here in Albany.

11                Thank you, Mr. President.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Montgomery on the resolution.

14                SENATOR MONTGOMERY:   Thank you, 

15   Mr. President.  

16                I want to thank Majority Leader 

17   Stewart-Cousins and to Senator May and to 

18   Senator Serino.  

19                I have a senior from my own district 

20   who is being honored, and I would like to call 

21   her out, because I'm very proud that there is 

22   someone from the Bedford-Stuyvesant community in 

23   the 25th Senate District.  And she is Susan 

24   Ponds, who is being honored here today as an 

25   outstanding senior in the State of New York.  She 


                                                               3990

 1   is a resident of the Sandy F. Ray Senior Citizen 

 2   Houses in Bedford-Stuyvesant.  And as a resident, 

 3   she is an active participant at the Tompkins Park 

 4   Neighborhood Senior Center, assisting seniors in 

 5   her building.  Because she is an official IRS 

 6   expert, she helps seniors in her residence fill 

 7   out their income tax.  So even the seniors are 

 8   busy paying taxes.  Thank you, senior citizens.

 9                Ms. Ponds is originally from South 

10   Carolina, so she has brought to New York City a 

11   level of activism and of being a determined and 

12   active citizen in her community, has added to her 

13   community in many different ways, is a volunteer 

14   at the Kings County Hospital and volunteers in 

15   her church community, and continues to be an 

16   active person in her community in my district.  

17                And I rise to thank her for all of 

18   the many, many years that she has provided such 

19   leadership in the Borough of Brooklyn.

20                Thank you, Mr. President.  And I 

21   thank and honor Susan Ponds today.  Thank you.

22                ACTING PRESIDENT BENJAMIN:   The 

23   question is on the resolution.  All in favor 

24   signify by saying aye.

25                (Response of "Aye.")


                                                               3991

 1                ACTING PRESIDENT BENJAMIN:    

 2   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   resolution is adopted.

 6                To our seniors who are here today, I 

 7   welcome you on behalf of the Senate.  We extend 

 8   to you all the privileges and courtesies of this 

 9   house.  Please rise and be recognized.

10                (Standing ovation.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Mr. President, 

14   it was mentioned that in addition to our 

15   distinguished older New Yorkers, there are 

16   several young New Yorkers here today.  And in 

17   part that's because the League of Women Voters 

18   has its Legislative Shadow program ongoing today.  

19                So I just wanted to recognize all of 

20   those who are here as part of that program.  And 

21   if you wouldn't mind welcoming them to the 

22   chamber today, Mr. President.

23                ACTING PRESIDENT BENJAMIN:    

24   Absolutely.  To our guests, I welcome you on 

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


                                                               3992

 1   privileges and courtesies of this house.  Please 

 2   rise and be recognized.

 3                (Standing ovation.)

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris.

 6                SENATOR GIANARIS:   Can we now take 

 7   up Resolution 1566, by Senator Ramos, read that 

 8   resolution in its entirety, and recognize 

 9   Senator Ramos.  

10                And before we do that, 

11   Mr. President, let me also, while we're engaging 

12   in these resolutions, call an immediate meeting 

13   of the Rules Committee in Room 332.  And we'll 

14   continue our business, proceeding with the 

15   resolutions, while that committee meets.

16                ACTING PRESIDENT BENJAMIN:   There 

17   will be an immediate meeting of the Rules 

18   Committee in Room 332.

19                The Secretary will read the 

20   resolution.

21                THE SECRETARY:   Senate Resolution 

22   1566, by Senator Ramos, honoring the Lexington 

23   School for the Deaf upon the occasion of hosting 

24   the 23rd Annual Esther Lustig Memorial Basketball 

25   Classic vs. Assembly/Senate All-Stars on Tuesday, 


                                                               3993

 1   May 21, 2019.

 2                "WHEREAS, It is the sense of this 

 3   Legislative Body to recognize and commend those 

 4   institutions of true purpose and high achievement 

 5   whose exemplary programs and accomplishments 

 6   clearly demonstrate an enduring pursuit of 

 7   excellence in the education of deaf youth in the 

 8   Empire State; and 

 9                "WHEREAS, Attendant to such concern, 

10   and in full accord with its long-standing 

11   traditions, this Legislative Body is justly proud 

12   to honor the Lexington School for the Deaf upon 

13   the occasion of hosting the 23rd Annual Esther 

14   Lustig Memorial Basketball Classic, to be held at 

15   the Kipp Tech Valley Charter School Gymnasium on 

16   Tuesday, May 21, 2019; and 

17                "WHEREAS, This annual contest will 

18   feature the Lexington School for the Deaf versus 

19   the Assembly/Senate All-Stars; this special event 

20   is named the Esther Lustig Memorial Basketball 

21   Classic in loving memory of dear friend and 

22   colleague Esther Lustig; and 

23                "WHEREAS, The Lexington School for 

24   the Deaf was founded in 1864 when the first class 

25   of six children and an instructor convened at the 


                                                               3994

 1   home of Isaac and Hannah Rosenfeld; and 

 2                "WHEREAS, Due to constantly 

 3   increasing enrollment, the school moved several 

 4   times until it settled in 1882 at 904 Lexington 

 5   Avenue, with 161 students; in 1934, it officially 

 6   became the Lexington School for the Deaf; and 

 7                "WHEREAS, The Lexington School for 

 8   the Deaf continued to grow and in 1968, its new 

 9   home was inaugurated on a seven-acre site at 

10   30th Avenue and 75th Street in Jackson Heights, 

11   Queens; and 

12                "WHEREAS, Today, the Lexington 

13   School for the Deaf, with a student body over 

14   350, is the largest school for the deaf in 

15   New York State, and its student body resides 

16   throughout the five boroughs of New York City; 

17   and 

18                "WHEREAS, A charter member of the 

19   4201 Association, New York State-supported  

20   private schools for disabled children, the 

21   Lexington School for the Deaf houses the only 

22   high school in New York City under the auspices 

23   of the 4201 charter; and 

24                "WHEREAS, The Lexington School for 

25   the Deaf has been recognized at the local, 


                                                               3995

 1   national and international levels for its  

 2   pioneering programs, including the first nursery 

 3   program for deaf children on the East Coast in 

 4   1937, a research department to promote the  

 5   investigation of educational, developmental and 

 6   vocational issues affecting deaf children and 

 7   adults in 1960, and a special education unit for  

 8   deaf children of all ages with serious emotional 

 9   problems in 1979; and 

10                "WHEREAS, In the 1980s, the 

11   Lexington School for the Deaf became known as the 

12   Lexington School for the Deaf/Center for the Deaf 

13   after establishing several affiliate agencies to 

14   support the needs of deaf and hard-of-hearing 

15   children and adults, including the Lexington 

16   Center for Mental Health Services, the Lexington 

17   Hearing and Speech Center, and the Lexington 

18   Vocational Services, a New York State Education 

19   Department/Vocational and Educational Services 

20   for Individuals with Disabilities-funded program; 

21   and 

22                "WHEREAS, The Lexington School for 

23   the Deaf developed a new approach to teaching in 

24   the mid-1990s; it became the first Mediated 

25   Learning educational model in a school for the 


                                                               3996

 1   deaf, which earned it the federal designation of 

 2   a Most Effective Practices school; and 

 3                "WHEREAS, In addition to its strong 

 4   academic program, the Lexington School for the 

 5   Deaf offers a broad range of physical and 

 6   cultural education programs, including a highly 

 7   regarded basketball team; and 

 8                "WHEREAS, In 1995, Joseph Crowley, a 

 9   former member of the New York State Assembly 

10   representing the Lexington School for the Deaf, 

11   established the Lexington School versus the 

12   New York State Legislature Basketball Game; and 

13                "WHEREAS, For more than 15 years, 

14   New York State Assemblyman Jeffrion Aubry, 

15   Speaker Pro Tempore, has enthusiastically  

16   supported the Annual Lexington School for the 

17   Deaf versus the New York State Assembly/Senate 

18   All-Stars, and for the continued partnership with 

19   Assemblyman Michael G. DenDekker, representative 

20   of Assembly District 34, the district in which 

21   the Lexington School for the Deaf is located; 

22   this event will be played on Tuesday, May 21, 

23   2019, at the Kipp Tech Valley Charter School 

24   gymnasium; and 

25                "WHEREAS, It is the practice of this 


                                                               3997

 1   Legislative Body to extend its highest 

 2   commendation to all of the individuals who have 

 3   been involved with the Lexington School for the 

 4   Deaf, past and present, noting the importance of 

 5   their work and their enduring commitment to deaf 

 6   children; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to honor the 

 9   Lexington School for the Deaf upon the occasion 

10   of hosting the 23rd Annual Esther Lustig Memorial 

11   Basketball Classic; and be it further 

12                "RESOLVED, That copies of this  

13   resolution, suitably engrossed, be transmitted to 

14   Donald A. Galloway, CEO/Superintendent; 

15   Cindy Casson, Assistant to CEO/Superintendent; 

16   Carl Sorrentino, Athletic Director; Adam Pagan, 

17   Boys Basketball Coach; Sheldon Clarke, Boys 

18   Basketball Assistant Coach; Gerard Sorrentino, 

19   Girls Basketball Coach; and Amanda Geffen, 

20   Girls Assistant Basketball Coach."

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Ramos on the resolution.

23                SENATOR RAMOS:   Thank you, 

24   Mr. President.  

25                Yes, I rise today in honor of a 


                                                               3998

 1   local gem in my district, which is the Lexington 

 2   School for the Deaf.  We've been joined by many 

 3   of their faculty, teachers, students on the 

 4   occasion of its 23rd Esther Lustig Basketball 

 5   Classic.

 6                Now, I am not an Assembly or Senate 

 7   Basketball All-Star, so I won't be playing 

 8   tonight.  But nevertheless, go Blue Jays!  

 9                Thank you for everything that you 

10   do.  We know that the Lexington School for the 

11   Deaf not only has demonstrated a broad range of 

12   programming to really ensure that our youth that 

13   are deaf can take part in our world in every 

14   single way that they deserve, but you've actually 

15   opened your doors up to the community at large.  

16                I know for my parents, who have been 

17   involved in transnational politics for a long 

18   time, the Lexington School for the Deaf has been 

19   a poll site for Colombian elections, for many 

20   other countries.  And of course, as we all know, 

21   because of the diversity of my district, ensuring 

22   that these institutions really do open up their 

23   doors to our communities is really, really 

24   important.

25                But more than that, to conclude, as 


                                                               3999

 1   the daughter of a mother who is deaf in one 

 2   ear -- and she is the person who taught me to 

 3   read and write and everything I know, I know for 

 4   certain that the Lexington School for the Deaf 

 5   really has changed the lives of so many students 

 6   and so many families in our community and beyond 

 7   in the five boroughs.  

 8                Thank you for all you do.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Stavisky on the resolution.

11                SENATOR STAVISKY:   I just wanted to 

12   thank Senator Ramos for her comments and to 

13   mention the fact that the tournament I believe is 

14   dedicated to the memory of Esther Lustig, who was 

15   a good friend of mine and served both in 

16   government and in public service for many years.  

17                And I'm delighted that you are 

18   recognizing Esther's legacy today.  Thank you.

19                ACTING PRESIDENT BENJAMIN:   The 

20   question is on the resolution.  All in favor 

21   signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT BENJAMIN:    

24   Opposed?  

25                (No response.)


                                                               4000

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   resolution is adopted.

 3                To our guests from the Lexington 

 4   School for the Deaf, I welcome you on behalf of 

 5   the Senate.  We extend to you all of the 

 6   privileges and courtesies of this house.  Please 

 7   rise and be recognized.

 8                (Standing ovation.)

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Serrano.

11                SENATOR SERRANO:   Thank you, 

12   Mr. President.  

13                Please take up Resolution 1087, by 

14   Senator Kaminsky, read the title only, and call 

15   on Senator Kaminsky, please.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Senate Resolution 

19   1087, by Senator Kaminsky, mourning the death of 

20   Eugene J. Murray, the longest-serving mayor in 

21   the history of the Village of Rockville Centre, 

22   distinguished citizen and devoted member of his 

23   community.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Kaminsky on the resolution.


                                                               4001

 1                SENATOR KAMINSKY:   Thank you, 

 2   Mr. President.  

 3                I rise today to speak in honor of a 

 4   great man, a man who represented the Greatest 

 5   Generation and whose service on behalf of the 

 6   public was exemplary and second to none.  I'm 

 7   talking about Mayor Eugene J. Murray, the 

 8   longest-serving mayor in the history of 

 9   Rockville Centre.  

10                He served 20 years as mayor, beloved 

11   by basically everyone.  And stories are replete 

12   of people who woke up the next day after a storm 

13   and found the mayor knocking on their door to see 

14   how they were doing, or who made a complaint to 

15   the water department and found the mayor at their 

16   door the next day to check on what was going on.

17                Someone who served the fire 

18   department of Rockville Centre for 72 years.  

19   Someone who fought for our country in World 

20   War II and saw action in Europe.  

21                What Gene Murray meant to Rockville 

22   Centre cannot really be put in words.  He really 

23   stood for the essence of what it meant to be a 

24   community, of what it meant to be fighting for 

25   all of your residents and to be there day in, day 


                                                               4002

 1   out.  We're talking about an Irish Catholic man 

 2   who was honored by more Jewish organizations than 

 3   you could imagine, someone who was an important 

 4   member of his church, his fire department, and of 

 5   course decided to step up in the most difficult 

 6   way and run for office.  And after that, it was 

 7   just simply his town to run.  And run it well he 

 8   did, with public support all the way.

 9                Although it is true we are mourning 

10   his life today, today should really be a 

11   reflection and a celebration of a life 

12   well-lived, of someone who gave all he had to his 

13   family, his children and his grandchildren.  And 

14   his son Fran Murray and his wife Barbara are here 

15   today.  Fran is now the mayor of Rockville 

16   Centre, carrying on that proud tradition and 

17   walking in his father's footsteps.  And I know 

18   how proud his father was of the work that he did.  

19   And we're so happy to have you here in Albany 

20   today.

21                So let me close by saying that today 

22   we honor and we celebrate the life of Gene 

23   Murray, a man the likes of whom we probably may 

24   never see again, but whose example we must follow 

25   each and every day.  I was so proud to get to 


                                                               4003

 1   know him.  I was so proud to see him at every 

 2   fire event and city event.  There was no more 

 3   revered person in just a really great village.  

 4   And he stood and looked at that village and could 

 5   know that every day he contributed to making it 

 6   the great place it was.  I hope we can all turn 

 7   around at the end of our lives and say the same 

 8   thing about our public service.  

 9                To Fran and Barbara, our 

10   thoughts are with you.  And we know that his 

11   memory will be with all of us.  

12                Mr. President, if you could extend 

13   them the cordialities of the Senate, it would be 

14   greatly appreciated. 

15                ACTING PRESIDENT BENJAMIN:   To the 

16   family of Mayor Gene Murray, I welcome you on 

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

18   privileges and courtesies of this house.  Please 

19   rise and be recognized at this time.

20                (Standing ovation.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   resolution was previously adopted on April 30th.

23                Senator Serrano.

24                SENATOR SERRANO:   Thank you, 

25   Mr. President.  


                                                               4004

 1                Can you please call on Senator 

 2   Martinez for an introduction.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Martinez for an introduction.

 5                SENATOR MARTINEZ:   Thank you, and 

 6   good afternoon once again.  

 7                Along the lines of our Senior Day 

 8   today, I would like to welcome and recognize a 

 9   special guest from my district.  Her name is 

10   Laura Lorenzo.  She is our 2018 Ms. New York 

11   Senior America 1st runner-up.  She's an 

12   outstanding vocalist and continues to perform 

13   throughout Long Island.  At 61 years young, 

14   Ms. Lorenzo was crowned Ms. New York Senior 

15   America 1st runner-up, representing women over 

16   age 60 across the State of New York with 

17   elegance, grace and distinction.  

18                I want to extend my sincere and 

19   heartfelt congratulations and best wishes on 

20   behalf of my colleagues to Laura Lorenzo and her 

21   entire family.  Thank you for being with us here 

22   today.  Congratulations.

23                ACTING PRESIDENT BENJAMIN:   To 

24   Laura Lorenzo, I welcome you on behalf of the 

25   Senate.  We extend to you all the privileges and 


                                                               4005

 1   courtesies of this house.  Please also rise and 

 2   be recognized.

 3                (Standing ovation.)

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Serrano.

 6                SENATOR SERRANO:   Thank you very 

 7   much, Mr. President.  

 8                Please take up Resolution 1546, by 

 9   Senator Martinez, read the title only of the 

10   resolution, and then please call on 

11   Senator Martinez.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   1546, by Senator Martinez, commemorating the 

16   30th Anniversary of Keep Islip Clean to be 

17   celebrated on May 16, 2019.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Martinez on the resolution.

20                SENATOR MARTINEZ:   Thank you.  It's 

21   a busy time in the district, but I would like to 

22   take the privilege of recognizing Keep Islip 

23   Clean, also known as KIC, for their commitment 

24   and dedication to beautifying the Town of Islip 

25   in all of the 18 hamlets it represents.  


                                                               4006

 1                The KIC program encourages 

 2   participation at the grassroots level, providing 

 3   residents with the opportunity to be active and 

 4   finding solutions to improving our communities by 

 5   picking up litter, covering graffiti, and so 

 6   forth.  It has been their mission for 30 years, 

 7   and I look forward to our continued work with 

 8   them.  

 9                I would like to take this 

10   opportunity to congratulate Keep Islip Clean and 

11   all the work that they do, and wish them the best 

12   moving forward.  

13                Thank you.

14                ACTING PRESIDENT BENJAMIN:   The 

15   question is on the resolution.  All in favor 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT BENJAMIN:    

19   Opposed?  

20                (No response.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   resolution is adopted.

23                Senator Gianaris.

24                SENATOR GIANARIS:   Thank you, 

25   Mr. President.


                                                               4007

 1                Can we now take up previously 

 2   adopted Resolution 137, by Senator Jordan, read 

 3   its title only, and recognize Senator Jordan.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Senate Resolution 

 7   137, by Senator Jordan, congratulating the 

 8   Stillwater High School Girls Varsity Soccer Team 

 9   upon the occasion of capturing the 2018 New York 

10   State Public High School Athletic Association 

11   Class C Soccer Championship on November 11, 2018.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Jordan on the resolution.

14                SENATOR JORDAN:   Thank you, 

15   Mr. President and my colleagues.  

16                I'm proud to congratulate the 

17   Stillwater High School Girls Varsity Soccer Team 

18   on capturing the 2018 New York State Public High 

19   School Athletic Association Class C Soccer 

20   Championship on Sunday, November 11, 2018, at 

21   Cortland High School.  

22                The Warriors defeated Little Falls 

23   high school in a decisive, powerful 5-0 victory 

24   to win their very first championship.  The 

25   community strongly supported the Warriors 


                                                               4008

 1   throughout their journey as they ended their 

 2   successful season with an impressive 22-0-1 

 3   overall record.

 4                Soccer is a fast-moving, 

 5   athletically demanding and popular sport 

 6   requiring skill, dexterity and speed.  If a team 

 7   is going to take it to the championship level, 

 8   there has to be a true commitment to the sport.  

 9   This team obviously has that commitment.  

10                There also has to be team 

11   coordination and camaraderie to make many players 

12   play as one trained unit.  Lady Warriors, this 

13   camaraderie on and off the field is something 

14   you'll always remember.  It's a bond you will 

15   forever have with your teammates and your 

16   coaches.  Keep it close to your heart.  

17                Head Coach Christine Ihnatolya and 

18   Assistant Coaches Katie Carlin and Cassidy 

19   Chapko, you've done a fantastic job building and 

20   shaping this terrific team.  I'd also like to 

21   recognize Stillwater's Athletic Director Michael 

22   Kinney and Athletic Trainer Jay Peacock.  

23                I'm honored to recognize and 

24   congratulate the members of the Stillwater High 

25   School Girls Varsity Soccer Team joining us today 


                                                               4009

 1   up in our visitors gallery.  Great job to you all 

 2   in capturing the 2018 New York State Public High 

 3   School Athletic Association Class C Soccer 

 4   Championship and being a true credit to your 

 5   school and community.  Recognize that your hard 

 6   work delivered top results, and know that you can 

 7   carry that work ethic through your life to 

 8   achieve whatever it is that you'd like.  

 9                Cherish the experience, your 

10   victories, and each other.  Congratulations.  

11                Thank you, Mr. President and 

12   colleagues.

13                ACTING PRESIDENT BENJAMIN:   To our 

14   guests from Stillwater High School, I welcome you 

15   on behalf of the Senate.  We extend to you all of 

16   the privileges and courtesies of this house.  

17                Please rise and be recognized.

18                (Standing ovation.)

19                ACTING PRESIDENT BENJAMIN:   The 

20   resolution was previously adopted on 

21   January 15th.

22                Senator Gianaris.

23                SENATOR GIANARIS:   Can we now take 

24   up previously adopted Resolution 1132, by Senator 

25   Metzger, read that resolution in its entirety, 


                                                               4010

 1   and recognize Senator Metzger.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Senate Resolution 

 5   1132, by Senator Metzger, memorializing Governor 

 6   Andrew M. Cuomo to proclaim May 19-21, 2019, as 

 7   the 84th Annual 4-H Capital Days in the State of 

 8   New York.  

 9                "WHEREAS, In the course of the 

10   evolving development of this Empire State, if the 

11   ingredients of shared concern and responsive 

12   endeavor combine in the symmetry of a commitment  

13   to governance, there have emerged among the 

14   facilities of the State of New York certain dates 

15   which warrant commemoration; and 

16                "WHEREAS, Attendant to such concern, 

17   and in full accord with its long-standing 

18   traditions, it is the sense of this Legislative 

19   Body to memorialize Governor Andrew M. Cuomo to 

20   proclaim May 19-21, 2019, as the 84th Annual 4-H 

21   Capital Days in the State of New York; and 

22                "WHEREAS, The event, which is 

23   coordinated by the New York State Association of 

24   Cornell Cooperative Extension 4-H Youth 

25   Development Educators, will involve approximately 


                                                               4011

 1   100 participants representing every county in 

 2   New York State; and 

 3                "WHEREAS, The objectives of 4-H 

 4   Capital Days are to achieve a better 

 5   understanding of the public policy process from a 

 6   state government perspective; to gain a better 

 7   understanding of state-local government 

 8   relations; to provide an opportunity for 

 9   delegates to meet and interact with their 

10   legislators; to create an awareness of career 

11   opportunities in New York State government; and 

12   to meet and exchange experiences with delegates 

13   from other counties; and 

14                "WHEREAS, The rich history of 4-H 

15   Capital Days is recorded in the Cooperative 

16   Extension's Archives, with photographs of 4-H  

17   members with past Governors; in the 1940s, a meal 

18   at the Governor's Mansion was part of this event 

19   and a treasured memory for all those who 

20   attended; and 

21                "WHEREAS, The 4-H Capital Days 

22   program is specifically designed to allow for 

23   greater participation in the machinery of 

24   governance; this program focuses upon the 

25   legislative process, with an explanation of 


                                                               4012

 1   procedures and methods; and 

 2                "WHEREAS, Through their sustained 

 3   interest in the method and process of governance, 

 4   the 2019 participants in the 84th Annual 4-H 

 5   Capital Days program will so advance that spirit 

 6   of united purpose and shared concern which is the 

 7   unalterable manifestation of our American 

 8   experience;  now, therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to memorialize 

11   Governor Andrew M. Cuomo to proclaim May 19-21, 

12   2019, as the 84th Annual 4-H Capital Days in the 

13   State of New York, fully confident that this 

14   program is so clearly in accord with our shared 

15   commitment to preserve and to enhance the legacy 

16   which is our American heritage; and be it further 

17                "RESOLVED, That a copy of this 

18   resolution, suitably engrossed, be transmitted to 

19   the Honorable Andrew M. Cuomo, Governor of the  

20   State of New York."

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Metzger on the resolution.

23                SENATOR METZGER:   Thank you very 

24   much, Mr. President.

25                As chair of the Senate Agriculture 


                                                               4013

 1   Committee, and as the mother of a child who spent 

 2   many wonderful years as a member of our local 4-H 

 3   club, Feathered Friends, it is my pleasure to 

 4   introduce a resolution in honor of the 4-H clubs' 

 5   84th annual Capital Days.  

 6                4-H is America's largest youth 

 7   development organization.  In 4-H, kids complete 

 8   hands-on projects in areas like health, science, 

 9   agriculture and civic engagement in a positive 

10   environment where they receive guidance from 

11   adult mentors and are encouraged to take 

12   proactive leadership roles.  Kids experience 4-H 

13   in New York in in-school and after-school 

14   programs, school and community clubs, and 4-H 

15   camps in both rural and urban areas.  

16                Students participate in positive 

17   youth developmental programs that have three 

18   major components:  Positive and sustained 

19   relationships between youth and adults, 

20   activities that build important life skills, and 

21   creating opportunities for youth to apply what 

22   they are learning to improve their communities.  

23   And this is both as participants and as leaders.

24                Through participating in 4-H, young 

25   people learn competence, confidence, connection, 


                                                               4014

 1   character, caring, and contribution.  Research 

 2   from Tufts University shows that youth involved 

 3   in 4-H lead healthier, more productive lives, are 

 4   less likely to suffer from depression and are 

 5   less likely to participate in risky behaviors 

 6   like drinking and smoking.  

 7                4-H Capital Days is an opportunity 

 8   for participants to achieve a better 

 9   understanding of state government and the policy 

10   process, to gain a better understanding of 

11   state-local government relations, to provide an 

12   opportunity for delegates to meet and interact 

13   with their legislators, to create an awareness of 

14   career opportunities in New York State 

15   government, and to meet and exchange experiences 

16   with delegates from other counties.

17                New York State's 4-H program is 

18   managed by Cornell Cooperative Extension, and 

19   they have records dating back to the 1940s of 4-H 

20   Capital Days.  

21                In New York, 4-H focuses on 

22   cultivating young producers of dairy, beef, 

23   sheep, goats, swine, poultry and horses.  4-H 

24   even sponsors agricultural field days for 

25   students to learn about and build connections to 


                                                               4015

 1   New York State agriculture.  

 2                The 4-H Pledge provides rules we 

 3   should all live by:  I pledge my head to clear 

 4   thinking, my heart to greater loyalty, my hands 

 5   to larger service, and my health to better living 

 6   for my club, my community, my country and my 

 7   world.

 8                With us in the chamber today are 

 9   over one hundred -- well, many members, let's 

10   say.  There have been a hundred members today of 

11   the 4-H clubs, and I want to welcome the members 

12   from the 42nd District here today.  It is such an 

13   honor to introduce this resolution, and I ask the 

14   president to please extend to our guests the 

15   courtesies of the house.

16                Thank you very much.

17                ACTING PRESIDENT BENJAMIN:   To our 

18   guests from 4-H, I welcome you on behalf of the 

19   Senate.  We extend to you all the privileges and 

20   courtesies of this house.  Please rise and be 

21   recognized.

22                (Standing ovation.)

23                ACTING PRESIDENT BENJAMIN:   The 

24   resolution was previously adopted on April 30th.

25                Senator Gianaris.


                                                               4016

 1                SENATOR GIANARIS:   Previously 

 2   adopted Resolution 426, by Senator Gallivan -- 

 3   please read its title only and recognize Senator 

 4   Tedisco to speak.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Senate Resolution 

 8   426, by Senator Gallivan, memorializing Governor 

 9   Andrew M. Cuomo to proclaim May 19 to 25, 2019, 

10   as Emergency Medical Services Week in the State 

11   of New York, in conjunction with the observance 

12   of National EMS Week.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Tedisco on the resolution.

15                SENATOR TEDISCO:   Thank you, 

16   Mr. President.

17                And I want to give my personal 

18   special thanks to Senator Gallivan, who 

19   diligently every year offers this resolution, 

20   brings it forth, makes sure we pass it, and makes 

21   sure it's brought up so we can give consideration 

22   and respect and make sure the week is put forth 

23   as EMS Personnel Week in New York State, in 

24   conjunction with the national United States EMS 

25   Personnel Week, to thank them and show our 


                                                               4017

 1   appreciation for their protection and for the 

 2   fact that when an emergency takes place, they are 

 3   always there for us.

 4                Senator Gallivan and I wanted you to 

 5   know there are more than 50,000 men and women 

 6   across New York State who serve on what many 

 7   consider the front line of healthcare.  They make 

 8   up our emergency medical service system.  These 

 9   include doctors, nurses, emergency medical 

10   technicians, paramedics, firefighters, law 

11   enforcement officers, dispatchers, medical 

12   volunteers, and many others.

13                Many of these highly trained 

14   professionals make this lifesaving work a career; 

15   others volunteer their time and service to our 

16   communities.

17                To that end, joining us in the 

18   chamber today are outstanding members of the 

19   Clifton Park and Halfmoon Emergency Corps.  This 

20   unit proudly serves the towns of Clifton Park, 

21   Halfmoon, and the City of Mechanicville in 

22   Saratoga County.  The Clifton Park and Halfmoon 

23   Emergency Corps was called to order in August of 

24   1950 and consists of nearly 100 paramedics, EMTs 

25   and staff members, and responds to over 6500 


                                                               4018

 1   calls per year.

 2                In terms of community outreach, the 

 3   Clifton Park and Halfmoon Corps services extend 

 4   far beyond just the back of an ambulance.  They 

 5   are dedicated to building community partnerships 

 6   and promoting health, safety and education, with 

 7   initiatives such as Community CPR and First Aid, 

 8   Safe Sitter babysitting, blood pressure clinics, 

 9   educational presentations, and car seat 

10   installations.  

11                This week and every week we thank 

12   all of our EMS personnel and first responders for 

13   their bravery and commitment to keep our 

14   communities safe.  

15                Mr. President, I would like to 

16   introduce to you now those from our communities, 

17   myself and Senator Jordan, who will be speaking 

18   after me:  Executive Director Alan Bell; Deputy 

19   Director of Operations Patrick Bornt; Paramedic 

20   and Community Outreach Coordinator Gina 

21   Wierzbowski; Paramedic Patrick Lurenz; 

22   Paramedic Caitlin Overholt; and Emergency Medical 

23   Technician Tyrone Mitchell.

24                After Senator Jordan is speaking, 

25   I'm sure you will welcome them and offer them all 


                                                               4019

 1   the cordialities of the house and show our 

 2   appreciation for what they mean for our safety 

 3   and the families across the State of New York.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Jordan on the resolution.

 7                SENATOR JORDAN:   Mr. President and 

 8   my colleagues, I rise to speak on Senator 

 9   Gallivan's resolution, Emergency Medical Services 

10   Week in New York State.  

11                Thank you, Senator, for your work on 

12   this and for highlighting our ever-important EMS 

13   professionals.  

14                This designation also coincides with 

15   the observance of the National EMS Week.  

16   National Emergency Medical Services Week honors 

17   and recognizes our public safety professionals 

18   serving on the front lines, individuals whose 

19   skills, training and dedication help save lives.

20                Emergency medical services teams are 

21   always prepared to provide lifesaving services, 

22   24/7, 365 days a year.  Physicians, nurses, 

23   emergency medical technicians, paramedics, 

24   firefighters, law enforcement officers, 

25   dispatchers and medical volunteers all make up 


                                                               4020

 1   our emergency medical services system.

 2                Emergency medical services team 

 3   members go through thousands of hours of 

 4   specialized training and continuing education to 

 5   keep their skills razor-sharp.  Approximately 

 6   2.8 million calls are handled by New York's 

 7   emergency medical services providers annually.  

 8   In my lifetime, I've had to call EMS six times.  

 9   Two of those calls were a matter of life and 

10   death.  What a relief it was to have trained 

11   professionals arrive in minutes to take over.  I 

12   am forever grateful.  They often do make the 

13   difference between life and death.  

14                I'm thrilled that the Clifton Park 

15   Halfmoon EMS are joining us in today's session.  

16   They are the EMS that serves my neighborhood and 

17   have an annual call volume of 6,733.  Thank you 

18   for all you do.  

19                And thanks for all of our emergency 

20   medical service providers across New York State 

21   for all of your hard work skill and dedication to 

22   ensure public safety for all New Yorkers.  You 

23   serve and protect our families and communities, 

24   and all New Yorkers appreciate your service and 

25   excellence.


                                                               4021

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT BENJAMIN:   To our 

 3   guests, I welcome you on behalf of the Senate.  

 4   We extend to you all the privileges and 

 5   courtesies of this house.  Please rise and be 

 6   recognized.

 7                (Standing ovation.)

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Gianaris.

10                SENATOR GIANARIS:   Mr. President, 

11   can we open for cosponsorship all of the various 

12   resolutions we dealt with today.

13                ACTING PRESIDENT BENJAMIN:   The 

14   resolutions are all open for cosponsorship.  

15   Should you choose not to be a cosponsor of the 

16   resolutions, please notify the desk.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Can you now 

19   recognize Senator Biaggi for purposes of an 

20   introduction.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Biaggi for an introduction.

23                SENATOR BIAGGI:   Thank you, 

24   Mr. President.

25                Mr. President, it is my distinct 


                                                               4022

 1   honor to welcome to the New York State Senate 

 2   chamber members of the New Leaders Council, 

 3   Capital District Region.  In no particular order:  

 4   Lauren Ford, Linden Horvath, Tabetha Wilson, 

 5   Meghan Keeghan, Zakhar Berkovich, Desiree Farley, 

 6   Jason Chura, Brett Jordan, Tydie Abreu, Katherine 

 7   Stephens, Michaelle Mugisha, and Angelica 

 8   Martinez.

 9                Nationally, NLC has trained nearly 

10   8,000 leaders from all sectors across 50 chapters 

11   in the United States in the much-needed skills to 

12   run for office, start a non-for-profit, or to 

13   launch a business.

14                As a progressive millennial-led 

15   organization, NLC recognizes the importance of 

16   training young leaders and the significance that 

17   millennials will play in the United States as the 

18   soon-to-be largest voting bloc in American 

19   history.

20                NLC has played a central role in my 

21   ability to even be here today.  I hold an 

22   incredibly special place in my heart for the NLC 

23   community, as it is the place where I was a 

24   fellow in 2015 and also where I met my fiance 

25   Nathaniel.  


                                                               4023

 1                Mr. President, please extend all of 

 2   the courtesies and privileges of the house to our 

 3   guests today.

 4                ACTING PRESIDENT BENJAMIN:   Sure.  

 5                To our guests from NLC, I welcome 

 6   you on behalf of the Senate.  We extend to you 

 7   all the privileges and courtesies of this house.  

 8   Please -- oh, you already rose.  All right, 

 9   please be recognized at this time.

10                (Laughter; standing ovation.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Can we now take 

14   up the reading of the calendar.  

15                ACTING PRESIDENT BENJAMIN:   the 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   156, Senate Print 2187A, by Senator Bailey, an 

19   act to amend the Elder Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on April 1, 2020.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               4024

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Bailey to explain his vote.

 4                SENATOR BAILEY:   Thank you, 

 5   Mr. President.

 6                I thank my colleagues for supporting 

 7   this very important piece of legislation, because 

 8   quite frankly, as our chair of our Aging 

 9   Committee, Senator May, has indicated, seniors 

10   matter.  And being able to do anything that we 

11   can to be able to allow our seniors to be able to 

12   afford the medication that they may need to keep 

13   themselves alive after they've done so much for 

14   us and our communities is something that is 

15   incumbent upon us as a legislature.  

16                So just because you may get a slight 

17   bump in Social Security benefits or a slight bump 

18   in pension benefits, that should not push you out 

19   of the EPIC program, which is a program that's in 

20   New York State that really helps a lot of seniors 

21   being able to manage their medication issues. 

22                So I thank all my colleagues for 

23   voting for this important piece of legislation.  

24   I vote in the affirmative, Mr. President.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               4025

 1   Bailey to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   170, Senate Print 2352B, by Senator Parker, an 

 8   act to amend the Energy Law.

 9                SENATOR GIANARIS:   Lay it aside for 

10   the day.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill will be laid aside for the day.

13                THE SECRETARY:   Calendar Number 

14   171, Senate Print 2068, by Senator Jordan, an act 

15   to amend the Public Officers Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 61.


                                                               4026

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Please recognize 

 5   Senator Griffo.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Griffo.

 8                SENATOR GRIFFO:   Mr. President, 

 9   thank you.

10                I'd like to congratulate Senator 

11   Jordan.  That was her first bill passed as a 

12   member of the New York State Senate.  

13                Congratulations, Senator Jordan.

14                (Standing ovation.)

15                ACTING PRESIDENT BENJAMIN:  The 

16   Secretary will continue.

17                THE SECRETARY:   Calendar Number 

18   403, Senate Print 3064A, by Senator Ortt, an act 

19   to amend the Executive Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

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

24   shall have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               4027

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   414, Assembly Print Number 1940, substituted 

10   earlier by Assemblymember Zebrowski, an act to 

11   amend the Banking Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

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

16   shall have become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4028

 1   436, Senate Print 1283, by Senator Gianaris, an 

 2   act to amend the Public Service Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 120th day after it 

 7   shall have become a law.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 436, those Senators voting in the 

15   negative are Senators Akshar, Antonacci, Boyle, 

16   Griffo, Helming, Jacobs, Jordan, O'Mara, Ortt, 

17   Ranzenhofer, Ritchie, Serino, Seward and Tedisco.

18                Ayes, 47.  Nays, 14.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   470, Senate Print 2469, by Senator Sanders, an 

23   act requiring the State University of New York 

24   and the City University of New York to examine 

25   and conduct a study on the availability of campus 


                                                               4029

 1   services.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   512, Senate Print 4925A, by Senator Parker, an 

16   act to amend the Mental Hygiene Law and 

17   Chapter 568 of the Laws of 2005.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               4030

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   530, Senate Print 5122A, by Senator Gaughran, an 

 7   act to amend the Public Authorities Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

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

12   shall have become a law.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Flanagan to explain his vote.

18                SENATOR FLANAGAN:   Thank you, 

19   Mr. President.  I will be brief but sincere.  

20                I support this bill, happy to be a 

21   cosponsor with Senator Gaughran.  This is a 

22   dramatically important issue to the people that I 

23   represent and that we both represent.  And this 

24   is not an isolated instance.  This type of thing 

25   has occurred in other communities throughout the 


                                                               4031

 1   State of New York.  And we are extraordinarily 

 2   focused on how to protect ratepayers but equally, 

 3   if not more important, on how to protect 

 4   taxpayers.  

 5                This is an important step in the 

 6   right direction.  There are other things that are 

 7   going to have to be done.  I'm happy to work with 

 8   Senator Gaughran on an issue that is exceedingly 

 9   important to the people of Huntington, Suffolk 

10   County, Long Island.  And it's the type of thing 

11   that has ramifications across the State of 

12   New York.  

13                I'm going to be voting aye.  Thank 

14   you.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Flanagan to be recorded in the affirmative.

17                Senator Gaughran to explain his 

18   vote.

19                SENATOR GAUGHRAN:   Yes.  First I 

20   would like to thank the leader for allowing this 

21   vote to take place today.  

22                And I would also like to thank my 

23   colleague Senator Flanagan, our Minority Leader, 

24   for his support and leadership with me on this 

25   issue.  And I agree with Senator Flanagan, we're 


                                                               4032

 1   going to be facing this across the state and 

 2   across Long Island.  Long Island Power Authority 

 3   is now being prepared to go into almost every 

 4   single community and bring one of these tax 

 5   certioraris.  And all it does is shift the burden 

 6   onto our schools, which hurts our taxpayers and 

 7   which hurts our students.  

 8                So thank you very much, 

 9   Mr. President, and I vote in the affirmative.

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gaughran to be recorded in the affirmative.

12                Senator Boyle to explain his vote.

13                SENATOR BOYLE:   Thank you, 

14   Mr. President, to explain my vote.  

15                I want to thank the majority for 

16   bringing this to the floor.  I particularly want 

17   to thank Senator Flanagan for his leadership on 

18   this issue.  I proudly vote yes.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Boyle to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4033

 1   618, Assembly Print Number 1084, substituted 

 2   earlier by Assemblymember Gottfried, an act to 

 3   amend the Social Services Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   624, Senate Print 5113, by Senator Rivera, an act 

19   to amend the Public Health Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               4034

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Rivera to explain his vote.

 4                SENATOR RIVERA:   Thank you, 

 5   Mr. President.

 6                This bill simply would make it so 

 7   that the New York State Advisory Council on Lead, 

 8   which currently exists, we would change some of 

 9   the rules that exist about its quorum.  

10                I'm only speaking about it on the 

11   floor of the Senate because I would suggest that 

12   we actually do this for all councils or 

13   committees that currently exist.  

14                As we know, there are many of these 

15   councils and committees that exist, but 

16   unfortunately many of them, like the New York 

17   State Advisory Council on Lead, even though it 

18   has 15 members in the committee, has only eight 

19   members that are currently appointed -- 

20   therefore, with seven slots that are vacant, and 

21   the Governor has not named anyone.  What that 

22   means is that the Advisory Council on Lead can't 

23   even meet because they can't reach a quorum.  

24                So what this bill would do, it 

25   simply would say however many people are actually 


                                                               4035

 1   appointed -- in this case, eight -- it would 

 2   require a quorum of that number to be able to 

 3   actually operate.  And I think it's a pretty 

 4   sane, commonsensible thing.  

 5                Unfortunately, there's many of these 

 6   councils that although they might do many good 

 7   things around the state, unfortunately they can't 

 8   do their work because they do not have enough 

 9   members that are currently appointed.  

10                So this bill would just simply 

11   change it for this commission.  There's a couple 

12   of other ones that we passed out of my Committee 

13   on Health.  And I would suggest to my colleagues 

14   that we should do this for every council and 

15   commission that we currently have operational.

16                Thank you so much, Mr. President.  I 

17   vote in the affirmative.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Rivera to be recorded in the affirmative.

20                Senator Little -- Senator Flanagan 

21   to explain his vote.  

22                Senator Little to explain her vote.

23                SENATOR LITTLE:   Thank you, 

24   Mr. President.  

25                I'm going to vote yes on this, 


                                                               4036

 1   because I understand the need to make a quorum.  

 2                But I think that there's no 

 3   incentive here to -- once you have a quorum with 

 4   so few members, to actually get the other members 

 5   appointed.  And I think that, for instance, if 

 6   you had a 10-member council and only three were 

 7   actually appointed, three people could be running 

 8   the whole thing.

 9                So I'd like to see an emphasis on 

10   getting more of these appointments made.  There 

11   are many commissions, many in my district as 

12   well, that need appointments.  

13                Thank you.  I vote aye.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Little to be recorded in the affirmative.

16                Senator Flanagan to explain his 

17   vote.

18                SENATOR FLANAGAN:   Thank you, 

19   Mr. President.  I'm sorry for confusing the 

20   order.  I appreciate the opportunity to explain 

21   my vote.  

22                I have every belief that this bill 

23   is well-intentioned.  I know that the sponsor and 

24   a lot of our colleagues feel it is important to 

25   make sure that the business of these councils, 


                                                               4037

 1   paid, unpaid or otherwise, that it gets done on 

 2   behalf of the people that we represent.  

 3                My concern is not with this council.  

 4   My concern is not with another council.  My 

 5   concern is with the failure in the process.  It's 

 6   not directed at Senator Rivera, it's not directed 

 7   at somebody else.  

 8                We have an appointments process.  

 9   These boards are not up to snuff in the sense 

10   that we don't even have enough members.  That's a 

11   failure that can be rectified without having to 

12   take an approach like this.  I share the concern 

13   raised by Senator Little that if we have a board 

14   that's supposed to have 10 or 15 members and all 

15   of a sudden three or four are constituting a 

16   quorum and able to conduct business, we're really 

17   not having representative democracy.  And in 

18   essence, we're not only flouting the law, we're 

19   flouting the legislative intent in terms of what 

20   should be done.

21                I agree with the goals of the 

22   sponsor, but the Governor controls these 

23   appointments.  That process is followed through 

24   in this house.  And I'm sure if Senator Rivera or 

25   Senator Serrano or any of our members had the 


                                                               4038

 1   opportunity to move those appointments instead of 

 2   them languishing, they would do so.  And in 

 3   reality, we all try very hard, when we have the 

 4   opportunity to make an appointment -- I'll look 

 5   at Senator Serino.  If we had an appointment on a 

 6   task force on the aging and she gave me a name 

 7   that I could submit, she doesn't want it to take 

 8   six months or nine months.  

 9                So again, I don't mean to belabor 

10   the point.  I think it's a systemic problem.  And 

11   unfortunately, in my personal opinion, I don't 

12   think this is the appropriate way to address it.  

13                I'll be voting no.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Flanagan to be recorded in the negative.

16                Announce the results.

17                THE SECRETARY:   In relation to 

18   Calendar 624, those Senators voting in the 

19   negative are Senators Amedore, Boyle, Flanagan, 

20   Griffo, Jacobs, O'Mara, Ortt, Ranzenhofer, Robach 

21   and Seward.

22                Ayes, 51.  Nays, 10.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4039

 1   633, Assembly Print 6849, substituted earlier by 

 2   Assemblymember Weprin, an act to amend the 

 3   Correction Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Sepúlveda to explain his vote.

13                SENATOR SEPÚLVEDA:   Thank you, 

14   Mr. President, for allowing me to explain this 

15   vote.

16                Corrections Law Section 146 gives 

17   legislators permission to enter prisons and jails 

18   throughout the state at any time.  Any time any 

19   member wants to go, there's nothing that prevents 

20   you from going there and visiting every single 

21   facility.  

22                I take staff with me to all the 

23   correction facilities that I visit, and I've made 

24   a commitment to visit every single one of them in 

25   the next two years.  And generally speaking, we 


                                                               4040

 1   don't have a problem bringing staff in.  

 2                But recently at a jail, an 

 3   Assemblymember, Assemblymember Weprin, went to 

 4   visit a jail and the staff there told him that 

 5   only he can enter, but that his staff could not 

 6   enter.  And we all know that our staff is an 

 7   integral part of what we do every day, and their 

 8   assistance is always needed, especially when 

 9   you're visiting the facilities, so they can take 

10   notes and have conversations and give you ideas 

11   of what maybe you had missed.  

12                So I've never had that problem, but 

13   Assemblyman Weprin had that problem, and I want 

14   to make sure that no other legislator here or in 

15   the Assembly ever has to deal with this problem 

16   again.  

17                So what this is doing is codifying 

18   allowing our staff members to enter any facility 

19   as long as they're with us, not on their own.  

20   But if you go into a facility, you can bring any 

21   staff member with you.  

22                And I also want to take this 

23   opportunity to encourage all of you to visit a 

24   prison facility.  Or, if you'd like, I go on a 

25   monthly basis, I see about two facilities a 


                                                               4041

 1   month -- if any of you would like to come and 

 2   join us, join our staff, you're welcome to 

 3   attend.  

 4                I vote affirmatively.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Sepúlveda to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 633, those Senators voting in the 

10   negative are Senators Jacobs and Ranzenhofer.  

11                Ayes, 59.  Nays, 2.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   709, Assembly Print 6671A, substituted earlier by 

16   Assemblymember Paulin, an act to amend 

17   Chapter 374 of the Laws of 2014.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               4042

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   717, Senate Print 297, by Senator Gianaris, an 

 7   act to amend the Banking Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

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

12   shall have become a law.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 717, those Senators voting in the 

20   negative are Senators Amedore, Antonacci, Boyle, 

21   Flanagan, Gallivan, Helming, Jacobs, Jordan, 

22   LaValle, O'Mara, Ortt, Robach, Seward and 

23   Tedisco.

24                Ayes, 47.  Nays, 14.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               4043

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   725, Senate Print 3548, by Senator Stavisky, an 

 4   act to amend the State Finance Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   729, Senate Print 4347, by Senator Krueger, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               4044

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Krueger to explain her vote.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.

 6                I appreciate any of my colleagues 

 7   who are voting with me today.

 8                This is a pretty simple bill.  It 

 9   keeps in place standards we have lived with in 

10   this country for as long as we've had 

11   not-for-profits, which is to establish that 

12   not-for-profit organizations, 501(c)(3) 

13   organizations doing charitable work, should not 

14   get involved in spending on political campaigns.  

15                Now, you'd think, well, who wanted 

16   that in the first place?  Perhaps no one.  But 

17   the federal government seems to be moving towards 

18   striking down the standard we've had for so long 

19   and allowing not-for-profits to get involved in 

20   political campaign spending and work.

21                We're moving this bill today to make 

22   clear that in New York State it's not broken, we 

23   don't want the federal government fixing it.  

24   There are tens of thousands of not-for-profit  

25   organizations, religious organizations around the 


                                                               4045

 1   country who are urging their states to take 

 2   exactly this action.  They don't want to be 

 3   involved in political work or political campaign 

 4   work, they don't believe their money, as 

 5   charitable organizations, should go for that 

 6   purpose.  

 7                So that's all that this bill does 

 8   today, makes sure that we don't break a system 

 9   that's been working.

10                Thank you, Mr. President.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Krueger to be recorded in the affirmative.

13                Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 729, those Senators voting in the 

16   negative are Senators Amedore, Antonacci, Boyle, 

17   Flanagan, Gallivan, Griffo, Helming, Jacobs, 

18   Jordan, LaValle, Little, O'Mara, Ortt, Ritchie, 

19   Robach, Serino, Seward and Tedisco.

20                Ayes, 43.  Nays, 18.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   731, Assembly Print 7206, substituted earlier by 

25   Assemblymember Stirpe, an act to amend the 


                                                               4046

 1   Economic Development Law.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   shall have become a law.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   May to explain her vote.

12                SENATOR MAY:   Thank you, 

13   Mr. President.  

14                We call this bill "Encore 

15   Entrepreneurship," and I am grateful to my 

16   colleagues for supporting it and the leader for 

17   bringing to the floor.  

18                A lot of older New Yorkers, starting 

19   in midlife, decide to change careers.  And many 

20   of them decide they want to be entrepreneurs, but 

21   they don't necessarily know how to go about it or 

22   they may face some age discrimination in getting 

23   loans and that sort of thing.  

24                So this bill will address some of 

25   those issues and just help older New Yorkers 


                                                               4047

 1   start that new career that they are excited 

 2   about.  

 3                So I am grateful to you for 

 4   supporting it and look forward to the businesses 

 5   that will be formed as a result of this.

 6                Thank you.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   May to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   741, Assembly Print Number 5626, substituted 

15   earlier by Assemblymember Weinstein, an act to 

16   amend the Real Property Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               4048

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 741, voting in the negative:  

 4   Senator Flanagan.

 5                Ayes, 60.  Nays, 1.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   742, Senate Print 4408, by Senator Gounardes, an 

10   act to amend the Real Property Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 120th day after it 

15   shall have become a law.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 742, those Senators voting in the 

23   negative are Senators Flanagan, Gallivan and 

24   Jordan.  

25                Ayes, 58.  Nays, 3.


                                                               4049

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                There is a substitution at the desk.

 4                The Secretary will read.

 5                THE SECRETARY:   On page 44, Senator 

 6   May moves to discharge, from the Committee on 

 7   Aging, Assembly Bill Number 4948 and substitute 

 8   it for the identical Senate Bill 5489, Third 

 9   Reading Calendar 744.

10                ACTING PRESIDENT BENJAMIN:   The 

11   substitution is so ordered.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   744, Assembly Print Number 4948, by 

15   Assemblymember Bronson, an act to amend the 

16   Elder Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               4050

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   745, Senate Print 5557, by Senator 

 6   Stewart-Cousins, an act to amend the Real 

 7   Property Tax Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   752, Senate Print 5291, by Senator Gounardes, an 

22   act to amend the Civil Service Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 11.  This 


                                                               4051

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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   767, Senate Print 2740A, by Senator Addabbo, an 

13   act to amend the Tax Law and the State Finance 

14   Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               4052

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   770, Senate Print 4477A, by Senator Kaplan, an 

 4   act to amend the Executive Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                Senator Gianaris, that completes the 

19   reading of today's calendar.

20                SENATOR GIANARIS:   Mr. President, 

21   can we return to reports of standing committees.  

22                I believe there's a Rules Committee 

23   report at the desk.

24                ACTING PRESIDENT BENJAMIN:   We will 

25   return to reports of standing committees.  


                                                               4053

 1                There is a report of the 

 2   Rules Committee at the desk.  

 3                The Secretary will read.

 4                THE SECRETARY:   Senator 

 5   Stewart-Cousins, from the Committee on Rules, 

 6   reports the following bills:  

 7                Senate Print 218B, by Senator 

 8   Benjamin, an act to amend the Public Health Law; 

 9                Senate Print 753A, by Senator 

10   Montgomery, an act to direct the Office of 

11   Children and Family Services to examine, evaluate 

12   and make recommendations on the availability of 

13   childcare and childcare assistance; 

14                Senate Print 3421A, by Senator 

15   Savino, an act to amend the Social Services Law; 

16                Senate Print 3563A, by Senator 

17   Serrano, an act to amend the Social Services Law; 

18                Senate Print 3788A, by Senator 

19   Carlucci, an act to amend the General Business 

20   Law;

21                Senate Print 3904, by Senator 

22   Martinez, an act in relation to entitling Robert 

23   V. Vassallo, Sr. to reapply for a disability 

24   retirement from New York State Police; 

25                Senate Print 4165, by Senator 


                                                               4054

 1   Addabbo, an act to amend Chapter 288 of the Laws 

 2   of 2014 amending the Environmental Conservation 

 3   Law; 

 4                Senate Print 4181, by Senator 

 5   Salazar, an act to amend the Public Health Law; 

 6                Senate Print 4807, by Senator 

 7   Carlucci, an act to amend the General Business 

 8   Law; 

 9                Senate Print 4916, by 

10   Senator Harckham, an act in relation to granting 

11   James G. Lynch retirement from the New York State 

12   and Local Employees' Retirement System on June 

13   10, 2016; 

14                Senate Print 5409, by Senator 

15   Martinez, an act to amend Chapter 618 of the Laws 

16   of 1998, amending the General Municipal Law and 

17   the Education Law; 

18                Senate Print 5538, by Senator 

19   Brooks, an act directing the commissioner of the 

20   Office for People With Developmental Disabilities 

21   to conduct a study on the feasibility of allowing 

22   the use of debit cards for residents' cash 

23   accounts; and

24                Senate Print 6146, by Senator 

25   Hoylman, an act to amend the Tax Law and the 


                                                               4055

 1   Administrative Code of the City of New York.

 2                SENATOR GIANARIS:   Mr. President, 

 3   move to accept the report of the Rules Committee.

 4                ACTING PRESIDENT BENJAMIN:   All in 

 5   favor of accepting the report of the Rules 

 6   Committee signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT BENJAMIN:   

 9   Opposed, nay.

10                (Response of "Nay.")

11                ACTING PRESIDENT BENJAMIN:   The 

12   Rules Committee report is accepted.

13                SENATOR GIANARIS:   Can we now take 

14   up the reading of the supplemental calendar.

15                ACTING PRESIDENT BENJAMIN:   There 

16   is a substitution at the desk.  

17                The Secretary will read.

18                THE SECRETARY:   On page 1, Senator 

19   Carlucci moves to discharge, from the Committee 

20   on Consumer Protection, Assembly Bill Number 6292 

21   and substitute it for the identical Senate Bill 

22   4807, Third Reading Calendar 821.

23                ACTING PRESIDENT BENJAMIN:   The 

24   substitution is so ordered.

25                The Secretary will read.


                                                               4056

 1                THE SECRETARY:   Calendar Number 

 2   821, Assembly Print Number 6292, by 

 3   Assemblymember Mosley, an act to amend the 

 4   General Business Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect on the 120th day after it 

 9   shall have become a law.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Carlucci to explain his vote.

15                SENATOR CARLUCCI:   Thank you, 

16   Mr. President.  

17                I want to thank Leader 

18   Stewart-Cousins and all of my colleagues for 

19   supporting our veterans and honoring and paying 

20   tribute to our veterans like we did, but also the 

21   commitment that we've made to protect and improve 

22   the quality of life of our veterans throughout 

23   New York State.  

24                And this legislation goes to stomp 

25   out a problem that we've seen on the rise.  And 


                                                               4057

 1   I'm sure many of you have seen it in your 

 2   district offices, where you're talking to someone 

 3   that unfortunately has been scammed, has been 

 4   scammed out of a little bit of money, sometimes a 

 5   lot of money.  Sometimes it's everything they 

 6   have.  

 7                And so this Pension Poaching 

 8   Prevention Act will put in place protections to 

 9   hold lawyers, financial advisors, insurance 

10   agents accountable and require them to disclose 

11   that the services that they're trying to offer 

12   can be provided for free from the Department of 

13   Veteran Affairs.  

14                We've seen case after case where 

15   unscrupulous con artists, I'll call them, have 

16   swindled money away from our veterans, many 

17   elderly and disabled veterans out of everything 

18   they've had, and we can't do anything about it.  

19   That stops here.  We need to pass this law to 

20   protect our veterans, improve their quality of 

21   life, and make sure they have the dignity and 

22   respect in retirement that they deserve.

23                So I support this legislation.  I 

24   want to thank my colleagues for doing the same.  

25                Thank you, Mr. President.


                                                               4058

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Carlucci to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                Senator Gianaris, that completes the 

 8   reading of the supplemental calendar.

 9                SENATOR GIANARIS:   Is there any 

10   further business at the desk?

11                ACTING PRESIDENT BENJAMIN:   There 

12   is no further business at the desk.

13                SENATOR GIANARIS:   I move to 

14   adjourn until tomorrow, Wednesday, May 22nd, at 

15   11:00 a.m.

16                ACTING PRESIDENT BENJAMIN:   On 

17   motion, the Senate stands adjourned until 

18   Wednesday, May 22nd, at 11:00 a.m.

19                (Whereupon, at 5:07 p.m., the Senate 

20   adjourned.)

21

22

23

24

25