Regular Session - May 17, 2016

                                                                   2477

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 17, 2016

11                     3:15 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2478

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Venerable Ru 

11   Yang, abbess from Fo Guang Shan Buddhist Temple 

12   in Flushing.  

13                ABBESS RU YANG:   A Prayer for 

14   Blessings on Our Nation, by Venerable Master 

15   Hsing Yun, the founder of the Fo Guang Shan 

16   Buddhist order.  

17                O great compassionate Buddha!  With 

18   the greatest sincerity, we would like to express 

19   our gratitude for your wisdom and guidance.  

20   Please teach us to appreciate our blessings.  

21   Throughout our communities may we strive to make 

22   education equally available, raise the standard 

23   of living for our people, support the 

24   advancement of science and technology, and 

25   maintain freedom and democracy in our politics.


                                                               2479

 1                O great compassionate Buddha!  We 

 2   know that the road to success and happiness is 

 3   often blocked by our greed, anger and ignorance.  

 4   We pray for your great support.  May we grasp 

 5   the concept of cause and effect.  May we develop 

 6   hearts of patience and tolerance.  May we learn 

 7   the path to clear and wise foresight and live 

 8   with compassion and loving kindness.

 9                O great compassionate Buddha!  We 

10   pray for your blessings.  May we create the 

11   favorable causes and conditions to live together 

12   in safety and peace.  May our society be 

13   steadfast and prosperous and our bodies and 

14   minds healthy and carefree.

15                O great compassionate Buddha, 

16   please accept this prayer for our country!  O 

17   great compassionate Buddha, please accept this 

18   prayer for our country!  

19                Thank you.

20                ACTING PRESIDENT GRIFFO:   The 

21   reading of the Journal.

22                THE SECRETARY:   In Senate, Monday, 

23   May 16th, the Senate met pursuant to 

24   adjournment.  The Journal of Sunday, May 15th, 

25   was read and approved.  On motion, Senate 


                                                               2480

 1   adjourned.

 2                ACTING PRESIDENT GRIFFO:   Without 

 3   objection, the Journal will stand approved as 

 4   read.

 5                Presentation of petitions.

 6                Messages from the Assembly.

 7                The Secretary will read.

 8                THE SECRETARY:   On page 40, 

 9   Senator Bonacic moves to discharge, from the 

10   Committee on Judiciary, Assembly Bill Number 

11   9686 and substitute it for the identical Senate 

12   Bill 7351, Third Reading Calendar 796.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.

15                THE SECRETARY:   On page 42, 

16   Senator Carlucci moves to discharge, from the 

17   Committee on Transportation, Assembly Bill 

18   Number 5235B and substitute it for the identical 

19   Senate Bill 3458B, Third Reading Calendar 842.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered.

22                Messages from the Governor.

23                Reports of standing committees.

24                Reports of select committees.

25                Communications and reports of state 


                                                               2481

 1   officers.

 2                Motions and resolutions.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, I move 

 5   to adopt the Resolution Calendar, with the 

 6   exception of Resolutions 4799, 4800, 5540, 5570, 

 7   and 5602.

 8                ACTING PRESIDENT GRIFFO:   All in 

 9   favor of adopting the Resolution Calendar, with 

10   the exception of Resolutions 4799, 4800, 5540, 

11   5570 and 5602, signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT GRIFFO:   Opposed?  

14                (No response.)

15                ACTING PRESIDENT GRIFFO:   The 

16   Resolution Calendar is adopted as indicated.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Would you 

19   please take up the privileged resolution by 

20   Senator Akshar, read it in its entirety, and then 

21   call on Senator Flanagan, please.

22                Well, I take that back.  Instead, 

23   could we please take up previously adopted 

24   Resolution 4815, by Senator Ranzenhofer, read it 

25   in its entirety, and call on Senator Ranzenhofer 


                                                               2482

 1   to speak.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read Resolution 4815.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 4815, by Senator Ranzenhofer, 

 6   honoring Barry G. Miller posthumously upon the 

 7   occasion of his designation as recipient of a 

 8   Liberty Medal, the highest honor bestowed upon an 

 9   individual by the New York State Senate.  

10                "WHEREAS, It is incumbent upon the 

11   people of the State of New York to recognize and 

12   acknowledge those within our midst who have made 

13   significant contributions to the quality of life 

14   therein; and 

15                "WHEREAS, It is the sense of this 

16   Legislative Body to recognize the caring concern 

17   and heroic acts of those exemplary citizens, who  

18   take prompt and appropriate action in emergency 

19   situations, and in doing so, help others to avert 

20   life-threatening danger; and 

21                "WHEREAS, This Legislative Body is 

22   justly proud to honor Barry G. Miller 

23   posthumously upon the occasion of his designation 

24   as recipient of a Liberty Medal, the highest 

25   honor bestowed upon an individual by the New York 


                                                               2483

 1   State Senate; and 

 2                "WHEREAS, The New York State Senate 

 3   Liberty Medal was established by resolution and 

 4   is awarded to individuals who have merited 

 5   special commendation for exceptional, heroic, or 

 6   humanitarian acts on behalf of their fellow 

 7   New Yorkers; and 

 8                "WHEREAS, Barry G. Miller was born 

 9   on June 6, 1965, to Tracy and Loretta (Werner) 

10   Miller in Batavia, New York; and 

11                "WHEREAS, In 1983, Barry G. Miller 

12   graduated from Byron-Bergen High School, Bergen, 

13   New York; he was the owner of Miller's Millworks 

14   in Bergen, and the Beaver River Lodge in the 

15   Adirondacks; for several years, he also worked 

16   for the Rochester Eye and Tissue Bank; and 

17                "WHEREAS, Dedicated to the community 

18   in which he lived and worked, Barry G. Miller 

19   held the title of Chief of Emergency Medical 

20   Services in Bergen and was a member of the Bergen 

21   Fire Department for over three decades; and 

22                "WHEREAS, On many occasions, Barry 

23   G. Miller acted with bravery and steady precision 

24   in dealing with the risk and drama of emergency 

25   situations; and 


                                                               2484

 1                "WHEREAS, In the performance of his 

 2   duties as an emergency responder, Barry G. Miller 

 3   was tragically killed in an ambulance accident on 

 4   his way to a fire call in September of 2015; and 

 5                "WHEREAS, Barry G. Miller made the 

 6   ultimate sacrifice while faithfully executing his 

 7   responsibilities, serving with dedication, 

 8   loyalty and compassion; and 

 9                "WHEREAS, Barry G. Miller was a 

10   member of Leadership Genesee, Class of 2008; 

11   Leadership Genesee established a Lifetime 

12   Achievement Award in his honor, and the first 

13   Barry Miller Lifetime Achievement Award was 

14   presented in December of 2015; and 

15                "WHEREAS, Barry G. Miller, through 

16   his spontaneous and heroic actions, demonstrated 

17   his character and his compassion for the welfare 

18   of others, personifying, by virtue of his 

19   actions, the collective concern of ordinary 

20   citizens across the community of the State of 

21   New York who voluntarily respond when others are 

22   in need of help; now, therefore, be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to honor Barry G. 

25   Miller posthumously upon the occasion of his 


                                                               2485

 1   designation as recipient of a Liberty Medal, the 

 2   highest honor bestowed upon an individual by the 

 3   New York State Senate; and be it further 

 4                "RESOLVED, That a copy of this 

 5   resolution, suitably engrossed, be transmitted to 

 6   the family of Barry G. Miller."

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Ranzenhofer.

 9                SENATOR RANZENHOFER:   Thank you, 

10   Mr. President.

11                It's with a humble heart that I rise 

12   today to present the Liberty Medal to Barry G. 

13   Miller posthumously, which, as was just said, is 

14   the highest honor given to a civilian in New York 

15   State.  And earlier today at the EMS ceremony, 

16   Barry Miller was honored during the memorial 

17   dedication ceremony and I had an opportunity to 

18   speak there.

19                We're joined today by his parents, 

20   Tracy and Loretta, and also his sister Pam and 

21   brother-in-law David.  And we're also joined and 

22   we were joined earlier today by many members of 

23   the Bergen fire company and EMS service, and 

24   Leroy and some other communities in Genesee 

25   County.  


                                                               2486

 1                And I just want to speak briefly 

 2   about Barry Miller because, as was stated, this 

 3   is the highest honor that a civilian can receive.  

 4   And I think that Barry would have been the last 

 5   person in the world to say that this is something 

 6   that I deserve, this is something that I earned, 

 7   this is me.  The way he viewed life, and I think 

 8   the way that everybody else viewed life, is that 

 9   this was for somebody else, somebody else was the 

10   hero, somebody else committed acts of heroism, it 

11   was somebody else's valor who should be 

12   recognized.  

13                Barry was a low-key, very important 

14   part of our community.  As was stated in the 

15   resolution, you know, very active in the fire 

16   service and EMS service, a businessman, an 

17   elected official, the real heart and soul, bread 

18   and butter of our community.  

19                So it's bittersweet today, as I told 

20   the family earlier when I greeted them at the 

21   ceremony, it's very bittersweet that I rise today 

22   to present this very, very esteemed Liberty Award 

23   to Barry Miller, and to accept that today will be 

24   his family.  

25                So thank you very much, 


                                                               2487

 1   Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Ranzenhofer.

 4                Senator Gallivan.

 5                SENATOR GALLIVAN:   Thank you, 

 6   Mr. President.  

 7                I too rise to honor Barry Miller and 

 8   the things that he has done, his selfless actions 

 9   for the community.  He is well deserving of this 

10   recognition.  

11                Not everybody knows, but I grew up 

12   in Bergen as a neighbor of the Millers.  My 

13   mother still lives in Bergen.  The family, over 

14   time, have been wonderful members of the 

15   community.  They, like many of us, were raised to 

16   care about their neighbors.  And Barry carried 

17   that throughout his life.  

18                So I would like to thank the 

19   Millers.  I would like to thank the others that 

20   traveled from Bergen, many friends, for being 

21   here today, for the things that you do for our 

22   community.  

23                And it is, while sad, very 

24   appropriate that we honor Barry, and I thank 

25   Senator Ranzenhofer for bringing forward the 


                                                               2488

 1   resolution.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Gallivan.

 5                As indicated, the resolution was 

 6   adopted on April 12th of this year.

 7                We want to extend our sincere 

 8   condolences to the Miller family, to all of the 

 9   guests who have traveled today from Bergen here.  

10   We acknowledge his great service to the community 

11   and his good deeds that he's accomplished.  

12                So on behalf of the Senate, we 

13   welcome you, and again we express our deepest 

14   sympathy.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Can we please 

17   take up a previously adopted resolution, 

18   Number 3988, by Senator Serino, read the title 

19   only, and then call on her, please.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 3988, by Senator Serino, 

24   honoring John M. Flowers posthumously upon the 

25   occasion of his designation as recipient of a 


                                                               2489

 1   Liberty Medal, the highest honor bestowed upon an 

 2   individual by the New York State Senate.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Serino.

 5                SENATOR SERINO:   Thank you, 

 6   Mr. President.

 7                John Flowers was truly one of a 

 8   kind, and I consider it an honor to even have 

 9   known him, let alone be able to call him a 

10   friend.  

11                A distinguished Vietnam veteran with 

12   an infectious personality, John's commitment to 

13   our nation and to our local community extended 

14   far beyond his time in the service.

15                And I don't know if his family even 

16   knows, but I first heard about John eight years 

17   ago when my brother, Don, who was 6-foot-7 and a 

18   bodybuilder, told me he was going to be an elf  

19   for Christmas giving out gifts at our local 

20   hospitals.  

21                And from there, I had the honor of 

22   meeting John Flowers and joining with him at the 

23   hospital passing out roses for Mother's Day to 

24   all the moms at the hospitals, going in the 

25   nursing homes, celebrating Christmas in February 


                                                               2490

 1   with our veterans.  Your dad and friend was an 

 2   amazing individual.

 3                John stood for hope, he stood for 

 4   happiness, and he stood for humanity across the 

 5   Hudson Valley.  I don't think that I've ever met 

 6   a City of Poughkeepsie resident who hasn't been 

 7   truly touched by his work.  He was a ray of light 

 8   in the darkest days for more people than he will 

 9   ever know.  I cannot think of anyone more 

10   deserving of our state's highest honor.  

11                His family is here with us today, 

12   and I know that John is smiling down on them -- 

13   not because we're here paying tribute to his life 

14   and legacy but because they have continued his 

15   incredible work without missing a beat.  This 

16   award belongs just as much to them as anyone 

17   else.  I see his daughter Yvonne, his son Frank, 

18   and I see Ralphynne, his partner, and Lisa 

19   Odendahl, a dear friend.  Thank you for being 

20   here today.  

21                So to the Flowers family, on behalf 

22   of the State Senate, I thank you for sharing your 

23   father with us for all of these years and for 

24   continuing to give back to the community he not 

25   only loved but helped to build.  May his legacy 


                                                               2491

 1   and dedication serve to inspire others to serve 

 2   with the same passion.

 3                Thank you.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Serino.

 6                The resolution was adopted on 

 7   March 1st of this year.  

 8                Again, the Senate would like to 

 9   extend our sincere condolences to the Flowers 

10   family.  We appreciable you being here in 

11   attendance and the many good works and deeds of 

12   Mr. Flowers.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, could 

15   you now take up previously adopted Resolution 

16   4738, by Senator Carlucci, read the title only, 

17   and then please call on the Senator.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 4738, by Senator Carlucci, 

22   congratulating the Ossining High School Girls 

23   Varsity Basketball Team and Head Coach Dan Ricci 

24   upon the occasion of capturing their fourth 

25   consecutive New York State Public High School 


                                                               2492

 1   Athletic Association Class AA State Championship 

 2   and winning its first ever Federation Tournament 

 3   of Champions.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Carlucci.

 6                SENATOR CARLUCCI:   Thank you, 

 7   Mr. President.

 8                It's an honor and a privilege to 

 9   stand here on the floor of the Senate and pay 

10   tribute to the Ossining Pride Women's Varsity 

11   Team, sitting right up in the gallery.  This is 

12   their fourth consecutive year of winning the 

13   state championship for women's varsity 

14   basketball.  And it's so impressive.  

15                We have a coach in Ossining, Dan 

16   Ricci, who has been the head coach for the 

17   varsity team in other sports as well for 25 years 

18   and has really perfected the art of coaching.

19                These ladies that are here today are 

20   really teammates.  They work so hard together.  

21   They work throughout the year.  And that's part 

22   of the reason why they've been so successful.

23                It's made of up of some seniors, 

24   some freshmen.  The Journal News, which covers 

25   the Westchester-Rockland area, named them one of 


                                                               2493

 1   the top teams, obviously.  But we have the Rookie 

 2   of the Year who's here.  We also have our MVP 

 3   through the whole region.  

 4                One player individually I wanted to 

 5   shout out is Shadeen Samuels, who is a senior and 

 6   next year is going to Seton Hall, got a full 

 7   scholarship to go there and play basketball at 

 8   Seton Hall.  And during her career at Ossining 

 9   High School, she scored over 1700 points.  So I 

10   think that we'll be seeing her and the other 

11   teammates in the future, hopefully playing 

12   professionally.  

13                But besides that, they've got a 

14   great head on their shoulders so they could do so 

15   much, whether it's professional sports or 

16   anything that they choose to do.  

17                So it's just with great honor and 

18   pride that I get to represent these lovely women 

19   in the New York State Senate.  And on behalf of 

20   the entire State Senate and the State of New 

21   York, we want to congratulate all of you and 

22   thank you for putting forth your best effort to 

23   make sure that you have a successful team.  

24                And I know that the community, the 

25   teachers, the family and surrounding community in 


                                                               2494

 1   Ossining is so proud of you.  So congratulations 

 2   on what you've achieved, and we look forward to 

 3   many more successes from all of you.  Thank you 

 4   so much.

 5                Thank you, Mr. President.

 6                (Applause.)

 7                ACTING PRESIDENT GRIFFO:   Thank you 

 8   Senator Carlucci.  

 9                We welcome and congratulate the 

10   Varsity Girls Basketball Team from Ossining.  

11   Thank you so much for being with us.  

12   Congratulations.  

13                The resolution was adopted on 

14   April 6th of this year.

15                Senator DeFrancisco, without 

16   objection, the two previous resolutions as well 

17   as the current have been requested for 

18   cosponsorship.

19                SENATOR DeFRANCISCO:   So open them 

20   up.

21                ACTING PRESIDENT GRIFFO:   So the 

22   resolutions are open for cosponsorship.  Should 

23   you choose not to be a cosponsor, please notify 

24   the desk.

25                Senator DeFrancisco.


                                                               2495

 1                SENATOR DeFRANCISCO:   Now I'd like 

 2   to call for the privileged resolution by 

 3   Senator Akshar, have it read in its entirety, and 

 4   call on Senator Flanagan, please.

 5                ACTING PRESIDENT GRIFFO:   May I 

 6   just have some order in the house, please.

 7                The Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution 5721, by Senator Akshar, mourning the 

10   death of former New York State Senator Thomas W. 

11   Libous, dedicated political leader and strong 

12   advocate for the people of this great 

13   Empire State.  

14                "WHEREAS, It is with profound sorrow 

15   that this Legislative Body, representing the 

16   people of the State of New York, is moved this 

17   day to pay tribute to an eminent gentleman of 

18   indomitable faith and dedication whose public 

19   service and countless accomplishments will 

20   forever stand as a paradigm and inspiration for 

21   others; and 

22                "WHEREAS, Thomas W. Libous, a native 

23   of Johnson City, New York, died on Tuesday, 

24   May 3, 2016, at the age of 63; and 

25                "WHEREAS, Born on April 16, 1953, in 


                                                               2496

 1   Binghamton, New York, Thomas W. Libous grew up in 

 2   Johnson City, and graduated from Johnson City 

 3   High School, where he was president of his senior 

 4   class; and 

 5                "WHEREAS, Furthering his education, 

 6   Thomas W. Libous attended Broome Community 

 7   College before earning his bachelor's degree in 

 8   both marketing and finance with honors from 

 9   SUNY Utica; and 

10                "WHEREAS, Thomas W. Libous' interest 

11   in politics led him to work on campaigns for his 

12   Uncle Alfred, who was serving as the mayor of 

13   Binghamton; and 

14                "WHEREAS, In 1983, Thomas W. Libous 

15   began his political career after being elected to 

16   the City Council in a South Side district in 

17   Binghamton; he was re-elected for another term; 

18   however, events in Albany would soon change the 

19   course of his career; and 

20                "WHEREAS, After New York State 

21   Senate Majority Leader Warren M. Anderson  

22   announced that he would not seek re-election, he 

23   publicly endorsed Thomas W. Libous, who 

24   immediately filed his intention to run for 

25   Anderson's Senate seat; his career decision was 


                                                               2497

 1   proven to be the right one when, within a very 

 2   few years, he was selected to serve as deputy 

 3   majority leader, and in 2010, he was named 

 4   chairman of the Senate Republican Campaign 

 5   Committee; and 

 6                "WHEREAS, In terms of policy, 

 7   Senator Thomas W. Libous built a reputation as an 

 8   advocate for disabled people and childhood 

 9   literacy; and 

10                "WHEREAS, Helping kids was always an 

11   important priority to Senator Thomas W. Libous; 

12   he proudly founded two local programs 

13   specifically for families:  YES! Safe Choices for 

14   Kids, which taught kids about the dangers of 

15   drugs and alcohol, and BOOKS, which encouraged 

16   kids to become better readers; and 

17                "WHEREAS, In 1998, Senator Thomas W. 

18   Libous founded the Student Community Service 

19   Awards through a partnership with WBNG-TV and 

20   Broome-Tioga BOCES to award scholarships to high 

21   school seniors based on community volunteer work 

22   rather than grades; this vital program awarded 

23   scholarships to over 400 local students to attend 

24   college in New York State; and 

25                "WHEREAS, In 2006, Senator Thomas W. 


                                                               2498

 1   Libous established Buy From the Backyard to 

 2   encourage buying locally grown produce, and six 

 3   years later, he partnered with UHS and Lourdes to 

 4   create I Turned Pro to increase prostate cancer 

 5   awareness; and 

 6                "WHEREAS, Senator Thomas W. Libous 

 7   was a strong supporter of Special Olympics in 

 8   Binghamton; he spent quality time with the 

 9   athletes, ran alongside of them during their 

10   events, and handed ribbons out at the end of the 

11   day; and 

12                "WHEREAS, During his career, he 

13   chaired numerous committees, including 

14   Transportation, Alcoholism and Drug Abuse, and  

15   Mental Health and Developmental Disabilities;  

16   throughout his illustrious tenure, he worked 

17   tirelessly as an advocate for individuals with 

18   mental health and developmental disabilities; and 

19                "WHEREAS, As chair of the Mental 

20   Health and Developmental Disabilities Committee 

21   and the Select Committee on the Disabled, Senator 

22   Thomas W. Libous championed initiatives to 

23   protect and improve services for the most 

24   vulnerable New Yorkers by authoring legislation 

25   to provide tax credits to employers who hire 


                                                               2499

 1   individuals with disabilities; and 

 2                "WHEREAS, Senator Thomas W. Libous 

 3   fought for Community Workforce Reinvestment to 

 4   ensure state dollars followed patients moving  

 5   from institutions into the community; he also 

 6   wrote legislation to adopt reasonable 

 7   accommodations for those with disabilities into 

 8   state law, and created the Traumatic Brain Injury 

 9   (TBI) Program to offer those who have a TBI a 

10   chance to live a more normal life in their 

11   community; and 

12                "WHEREAS, In addition, Senator 

13   Thomas W. Libous introduced Kendra's Law, which 

14   provides assisted outpatient treatment for 

15   individuals unlikely to survive in the community 

16   without supervision; the law was named after 

17   Kendra Webdale, a young woman who died in 1999, 

18   after being pushed in front of a New York City 

19   subway train by an individual in the community 

20   who was not receiving treatment for his mental 

21   illness; and 

22                "WHEREAS, Senator Thomas W. Libous,  

23   affectionately known as "The Boss" by his staff, 

24   was a resolute and great voice for the 

25   Southern Tier; his zeal and dedication to his 


                                                               2500

 1   constituents, his ability to put together deals, 

 2   and his vision for the future helped his 

 3   community persevere during times of economic 

 4   change while continuing to enhance the quality of 

 5   life of all citizens, ensuring a positive 

 6   business, institutional and educational climate, 

 7   and providing all essential services; and 

 8                "WHEREAS, During the aftermath of 

 9   the devastating floods of 2006 and 2011, 

10   Senator Thomas W. Libous went above and beyond to 

11   do everything he could to help those in need; he 

12   procured local grants for volunteer fire 

13   departments, secured buyout grants, and 

14   diligently sought aid from neighboring states, as 

15   well as rode along with a Red Cross truck through 

16   the towns of Conklin, Kirkwood, Owego and 

17   Bainbridge handing out food, water and cleaning 

18   supplies; and 

19                "WHEREAS, His 14 terms of office 

20   benefited the Southern Tier community, which was 

21   evident in sports venues such as NYSEG Stadium, 

22   the ice rink at the Broome Community College,  

23   bringing the PGA Champions Tour's Dick's Sporting 

24   Goods Open to Endicott, transforming the B.C.  

25   Open from a small regional tournament to a 


                                                               2501

 1   nationally recognized event drawing more than 

 2   80,000 fans each year, and his unremitting 

 3   commitment to keeping the Binghamton Mets 

 4   Baseball Team in the city, the farm team of his 

 5   beloved New York Mets, as well as bringing the 

 6   Ottawa Senators Hockey League affiliate to 

 7   Binghamton, to infrastructure improvements, to 

 8   capital development at Broome's institutions of 

 9   higher learning, including the Binghamton 

10   University Event Center, and Binghamton 

11   University's School of Pharmacy; and 

12                "WHEREAS, Senator Thomas W. Libous 

13   worked tirelessly to grow the Southern Tier's 

14   economy and improve the quality of life of all 

15   its residents; he was instrumental in the 

16   purchase of the IBM-Endicott campus and its 

17   microelectronics operation by a consortium of  

18   investors, from which Endicott Interconnect 

19   Technologies was formed in 2002 and employed more 

20   than 2,000 workers at its peak; and 

21                "WHEREAS, In 1995, Senator Thomas W.   

22   Libous negotiated the development aid package for  

23   Maines Paper, which led to 800 jobs and a boost 

24   in annual economic activity for Broome County; 

25   and 


                                                               2502

 1                "WHEREAS, Thomas W. Libous was a 

 2   gentle man, beyond the ordinary, and an 

 3   unforgettable person of generosity and goodwill; 

 4   he was truly a man of values and commitment, with 

 5   a warm smile he generously gave for the benefit 

 6   of his community; and 

 7                "WHEREAS, Loyal friend, trusted 

 8   advisor, ardent fighter for the causes in which 

 9   he so strongly believed, the accomplishments of 

10   Senator Thomas W. Libous are legend; and 

11                "WHEREAS, Survived by his wife, 

12   Frances, their two sons, Nicholas and Matthew 

13   (Katie), and a grandson, Campbell Jude, Thomas W. 

14   Libous will be deeply missed and truly merits the 

15   grateful tribute of this Legislative Body; now, 

16   therefore, be it 

17                "RESOLVED, That this Legislative 

18   Body pause in its deliberations to mourn the 

19   death of former New York State Senator Thomas W.  

20   Libous, and to offer its sincerest condolences to 

21   his family; and be it further 

22                "RESOLVED, That a copy of this 

23   resolution, suitably engrossed, be transmitted to 

24   the family of Thomas W. Libous."

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2503

 1   Flanagan.

 2                SENATOR FLANAGAN:   Thank you, 

 3   Mr. President.  I rise to speak on the 

 4   resolution.  

 5                And it's interesting when you have 

 6   the title read and then you have the resolution 

 7   read in its entirety, the phrase that leaps off 

 8   the page immediately for me was in the beginning, 

 9   about having indomitable faith.  

10                So let me start by recognizing the 

11   Libous family, who were gracious enough to join 

12   us here today.  I see at least Nick is smiling 

13   over there.  Matt, you've got to throw me out a 

14   smile too.  And I know Fran is going to be 

15   smiling.  And so we're obviously joined by Tom's 

16   wife, Fran, his son Nick, his son Matthew, his 

17   daughter-in-law Katie.  Matt and Katie are the 

18   proud parents of Campbell, otherwise known as 

19   Cam, who I'm sure has always been the apple of 

20   the Libous grandparents.  

21                We're also joined in the balcony by 

22   Rick and Susan, his brother and sister, who did 

23   readings at the funeral for Tom.  

24                And we are joined by a number of our 

25   former colleagues, without any particular 


                                                               2504

 1   order -- if I leave somebody out, it's only 

 2   because I don't have my glasses on.  So I see 

 3   Senators -- let me get it here right -- Senator 

 4   Lack, Senator DeCarlo, Senator Volker.  Senator 

 5   Alesi I know is going to be here.  Senator 

 6   Johnson.  Senator Saland.  Senator Stachowski.  

 7                The mayor and a dear family friend, 

 8   the mayor of the City of Yonkers and a very close 

 9   friend to Senator Libous, and that's Michael 

10   Spano.  

11                The last two gentlemen I want to 

12   introduce are former colleagues.  But you know, 

13   in our lives we have professional components of 

14   our career and then we have personal components 

15   of our career.  And if you're lucky, the two 

16   overlap.  And if you stay here for an extended 

17   period of time, they can overlap more where it 

18   turns into a friendship as opposed to a 

19   professional relationship.  Senator Spano and 

20   Senator Maziarz, at least from where I sit, were 

21   probably the two closest friends, certainly in a 

22   legislative capacity, but in life -- and their 

23   spouses -- who were deeply involved with the 

24   Libous family.  

25                And I know that they spent some of 


                                                               2505

 1   Tom's last waking moments with him, which 

 2   provided solace and comfort to them and I'm sure 

 3   to the Libous family and to Tom as well.

 4                So let me go back to the family.  I 

 5   spoke at my own father's funeral so, Matt, I know 

 6   it's one of the toughest things you'll ever do.  

 7   But you spoke very eloquently.  So props to you 

 8   for doing that under extraordinarily difficult 

 9   circumstances.

10                And some of you have heard me say 

11   this, Fran -- my goodness, I could spend a very 

12   long period of time just talking about Fran.  And 

13   I don't know her as well as a lot of other people 

14   do, but here's what I've come to learn.  She is a 

15   wonderful human being.  She's an extraordinarily 

16   caring person.  She has a heart that is way 

17   bigger than that clock that's standing behind 

18   her.  And she is -- I described that she had come 

19   into our conference -- a best friend, soul mate, 

20   a nurse, an advocate, a mom, a wife, a 

21   grandmother, a professional and someone who was 

22   the ultimate alter ego for our colleague.  

23                And Fran has indomitable faith as 

24   well.  And I had a chance to speak with her since 

25   Tom's passing, and I think that she is starting 


                                                               2506

 1   to find a level of peace because she is acutely 

 2   aware that Tom is in a better place, no longer 

 3   suffering.  And God knows, over what was 

 4   approximately seven years, there isn't any way on 

 5   God's green earth that Tom would have survived 

 6   without the love and support and intervention and 

 7   care of his loving wife.  

 8                So to Fran, since you are the lady 

 9   in charge, I just want to offer special 

10   recognition to you on behalf of our colleagues 

11   and the entire Senate.  We are so grateful that 

12   you shared Tom with us.  We are equally grateful 

13   that you are here today to hear a number of our 

14   colleagues talk about their own interactions with 

15   him and why everybody considered themselves 

16   frankly so lucky to have worked with him.

17                So I wrote down a couple of things 

18   to be direct and to the point.  You know, in 

19   everybody's life we have people that are 

20   important to us.  And in asking, I can give my 

21   own thoughts.  Tom was very good to me, and he 

22   provided sage political advice here, after he 

23   left, after I became leader.  And let's be clear, 

24   he loved this stuff.  He loved the government, he 

25   loved the Senate, he loved being an elected 


                                                               2507

 1   official, he loved delivering.  But he loved the 

 2   politics.  He loved the politics because it was 

 3   always intertwined with trying to do the best 

 4   thing on behalf of his constituents.  

 5                And I want to talk about what people 

 6   say about him as a guy, a person, a friend.  But 

 7   he was a -- he was a good classic New Yorker.  We 

 8   would be in negotiations internally -- not even 

 9   with the other side of the aisle, but 

10   internally -- and somehow at the end of the day 

11   there was always something extra for the Southern 

12   Tier.  And he would be unabashed and he would 

13   have a smile on his face, a wink of his eye, and 

14   he could care less.  If you figured it out after 

15   the fact, that means he did his job.

16                I asked the people who worked 

17   directly with Tom here on the floor in our staff, 

18   and it was remarkably consistent what people had 

19   to say.  Terms like "mentor," "friend," 

20   "colleague."  I heard the term "boss."  And all 

21   of those were applicable.

22                So Tom, smart as he was, surrounded 

23   himself with wonderful women in his life -- not 

24   only his wife, his sister, his daughter-in-law, 

25   but many of our senior staff worked with Tom very 


                                                               2508

 1   directly.  So of course I asked them what did 

 2   they think.

 3                And there's a person whose name I 

 4   mentioned before who learned so much and taught 

 5   so much in her relationship with Senator Libous, 

 6   and that's Rebecca.  Rebecca is now our first 

 7   deputy, but she cut her teeth here on the floor 

 8   working on all kinds of issues that were 

 9   beneficial to the people of the State of New 

10   York, keeping things working along seamlessly and 

11   smoothly.  

12                She gave me permission to talk about 

13   this.  She had her own bout with cancer.  She was 

14   strong, she was resolute, she was firm, she was 

15   tough.  And part of the reason she was able to do 

16   that was because she had this guy sitting right 

17   to her right.  They were going through it.  Going 

18   through it.  She's here.  And I truly believe one 

19   of the reasons she's here is because of Tom 

20   Libous.  

21                She told me that in 2012, Tom was in 

22   the middle of his travails, if you will, and she 

23   was starting to turn the corner.  And she didn't 

24   have any hair.  And look at how beautiful she 

25   looks today.  She was beautiful then, she is 


                                                               2509

 1   beautiful now.  She told me that one of their 

 2   stories back and forth, as she was starting to 

 3   regain her hair, Tom's was getting a little 

 4   thinner, losing more of it -- but, Fran, he was 

 5   always tan.  We always know he was always tan.  

 6   Especially when he came back from his sojourns to 

 7   Florida with you and the family and with friends.  

 8                One of the things that Rebecca said 

 9   to me was that Senator Libous had a keen ability 

10   to get things done.  You could watch -- and it's 

11   all on video, but you could watch.  People would 

12   come over, people on this side of the aisle, 

13   people on that side of the aisle, people on the 

14   Democratic side of the Assembly, people on the 

15   Republican side of the Assembly.  It was sort of 

16   a mobile office here on the floor for 

17   Senator Libous.  He was a go-to person.

18                And he had a joi de vivre and he was 

19   smart enough to know not to sweat.  Rebecca said 

20   he was always very good at keeping things in 

21   perspective.

22                Now, on the floor here we have the 

23   bat phones.  There's about four or five of them 

24   here, so if you need to get calls or make calls, 

25   you can make the calls.  This phone will ring and 


                                                               2510

 1   it's got the ID on it.  I learned that no matter 

 2   what was going on, no matter who may be 

 3   calling -- it could be the Governor, it could 

 4   have been me, could have been anybody else, could 

 5   have been counsel's office -- the only call he 

 6   ever took was from that lady who was his wife.  

 7   Didn't matter what the hell was going on on this 

 8   floor.  He could be in the middle of a debate, 

 9   but he always picked up the phone.  And if he had 

10   to call back, he did.  

11                That is a sign of love and adoration 

12   and affection that you either have or you don't 

13   have.

14                I spoke to Mary Lee, who is what I 

15   would describe, at least from a distance, she was 

16   not only a great friend, she was the office wife 

17   and proudly wore that badge and worked with 

18   Senator Libous for 27 years.  So I said, "What 

19   would you say?"  

20                Now, I'm Irish, so this took a 

21   little time.  I needed to have it repeated five 

22   times.  She said "Mafto draha," which is 

23   Slovakian.  Right?  "Mafto draha," which means 

24   "dearest mother."  She said it with a smile and 

25   with love.  So Mary Lee, I hope I got it right.  


                                                               2511

 1   If I didn't, I tried.  Someone who is 

 2   extraordinarily important to Senator Libous, as 

 3   was all his staff.  He was adored by the people 

 4   that worked with him.  

 5                And we have many, many other 

 6   speakers, but at the funeral -- Johnny D and I 

 7   were talking about this.  Those of you who 

 8   couldn't be there, I'm paraphrasing what someone 

 9   said.  Reverend Jordan spoke at the funeral, and 

10   he made a great juxtaposition by talking about 

11   Tom's work as a legislator and being a person of 

12   faith.  Fran, I hope I get it right.  He talked 

13   about all the money he secured for Tioga Downs, 

14   which had gone down and came back up in large 

15   part because of Senator Libous.  So Reverend 

16   Jordan was making an analogy saying that Tioga 

17   Downs was a lot like the church.  In many 

18   respects, it was like a house of worship.  It had 

19   two steeples.  Senator Libous got the funding for 

20   that.  Dave Valesky was there; he knows what I'm 

21   talking about.  He said it had two steeples, it 

22   was like a church.  He said you go there on any 

23   given day, you could hear the Lord's name being 

24   spoken about frequently.  You could hear, at the 

25   same time, people praying incessantly throughout 


                                                               2512

 1   the day.  And most importantly, like any good 

 2   church or house of worship, people were making 

 3   donations all day.  

 4                (Laughter.)

 5                SENATOR FLANAGAN:   So Reverend 

 6   Jordan found an appropriate balance there.  

 7                But I'm going to close on this, and 

 8   I'm going to -- well, I'm using her name because 

 9   I spoke to her.  Lisa Harris is our counsel now, 

10   and I think this is such a poignant, beautiful 

11   sentence.  "We shared the love of faith and 

12   spiritual openness, and I am forever grateful for 

13   the opportunity to have shared some time on this 

14   earth with him."  

15                My life is better for knowing Tom 

16   Libous, and I hope I can epitomize many of the 

17   values he brought to public service.

18                Mr. President, thank you.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Flanagan.

21                Senator Klein.

22                SENATOR KLEIN:   Thank you, 

23   Mr. President.

24                I rise today, and I think I speak 

25   for everyone in rising to speak about a friend, a 


                                                               2513

 1   colleague, and someone I think we all loved.

 2                You know, I had the privilege of 

 3   working with Senator Libous even before I got to 

 4   the Senate, when I was in the Assembly.  And I 

 5   remember my first year in the Assembly I was very 

 6   anxious get involved in an issue that, by the 

 7   way, I'm still working on, tax evasion when it 

 8   comes to untaxed cigarettes.  And I heard -- and 

 9   Senator Flanagan I think said it best -- even 

10   back then 21 years ago, the go-to person to get 

11   things done in the Senate on legislation was 

12   Senator Tom Libous.  

13                So we ran into each other at one of 

14   the local restaurants.  I went over, introduced 

15   myself.  And sure enough, he wanted to work with 

16   me on this issue.  You know, people found it kind 

17   of strange, a Bronx Assemblymember and someone 

18   who represents the Southern Tier getting involved 

19   in an esoteric issue like cigarette tax 

20   collection and the evasion thereof.  

21                But we worked very, very closely, 

22   and it was one of my first important chapters.  

23   And it was really because of the way Tom was able 

24   to guide this legislation through the Senate.

25                You know, ten years later I wound up 


                                                               2514

 1   as one of his Senate colleagues, was once the 

 2   minority floor leader when he was the majority 

 3   floor leader, were then flipped to become the 

 4   majority floor leader when he was the minority 

 5   floor leader.  And during that four-year period, 

 6   which many would describe as rather contentious, 

 7   one of the things I can always say is that Tom 

 8   Libous was dedicated to making sure the Senate 

 9   floor ran and ran properly.

10                I think everyone said it best:  

11   Anyone who knew Tom, he was a political 

12   strategist.  He loved the give-and-take.  But he 

13   also had tremendous love for this institution.  

14   And when he saw that we were at odds and we 

15   weren't coming together as one, he would do 

16   everything possible to make sure the trains ran 

17   on time, making sure that we all got our 

18   legislation done.  And he also wanted to always 

19   make sure there was a certain decorum that should 

20   always exist in the upper house in the New York 

21   State Legislature.

22                I remember, you know, many, many 

23   nights up in his fourth-floor office -- which for 

24   a brief two years was my fourth-floor office -- 

25   talking to him about a whole range of things:  


                                                               2515

 1   His love of his family, his love of watches, his 

 2   love of cigars.  And he was just someone who was 

 3   very, very special.

 4                He loved being an elected official.  

 5   Not really for the sake of sort of lording it 

 6   over people, but using the power in a very 

 7   positive way to help his hometown in Binghamton, 

 8   the Southern Tier, to work with the mentally 

 9   disabled, which he did so much when he was chair 

10   of that committee.  

11                He was somebody who I'll always 

12   consider not only a friend but someone that you 

13   should look to on what a Senator should be.

14                Tom, we'll all miss you.  But I know 

15   you're looking down at us today because you're 

16   surrounded by your colleagues who love you and, 

17   more importantly, the family that loves you the 

18   most.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Thank 

21   you, Senator Klein.

22                Senator Stewart-Cousins.

23                SENATOR STEWART-COUSINS:   Thank 

24   you, Mr. President.

25                I rise, as do all of my colleagues 


                                                               2516

 1   here, to really express not only my condolences 

 2   but my gratitude for the type of individual Tom 

 3   Libous was.

 4                When I first arrived in the Senate 

 5   in 2007, my husband Tom lost his battle to 

 6   cancer.  And it was the love of my colleagues 

 7   here and the tumble and the good that we were 

 8   doing that kept us all going, kept me going.  Tom 

 9   in particular, because I arrived in circumstances 

10   that -- you know, we were on different sides.  

11   When I walked into this chamber, Tom became my 

12   friend.  Tom became somebody that you could talk 

13   to about anything.  He would tell you what the 

14   real deal was, and he'd do it with a smile.  Even 

15   if it was a little devilish, he would do it, he 

16   would say it, and you knew he was telling you the 

17   truth.

18                When Tom decided that you were 

19   worthy to be a mentee, he didn't care what side 

20   of the aisle you were on.  I heard Senator 

21   Flanagan talking about the staff there.  And one 

22   of the things that I didn't know was the kind of 

23   mentor he was to Shontell, who's now my chief 

24   counsel.  When she walked in this floor, she was 

25   a new young African-American woman on this side 


                                                               2517

 1   of the aisle who didn't know anything.  And --

 2                (Laughter.)

 3                SENATOR STEWART-COUSINS:   And guess 

 4   what?  People weren't afraid to tell her that.  

 5                (Laughter.)

 6                SENATOR STEWART-COUSINS:   But not 

 7   Tom.  Tom said:  "You know, you were right.  Yes, 

 8   they should have listened to you."  Nurtured her 

 9   self-confidence and nurtured her ability to stand 

10   up and speak truth to power.  And today she is 

11   our top counsel over here.  Tom would be very, 

12   very proud of the work he has done, not only for 

13   those of us who are, quote, unquote, in power, 

14   but for those who are powerless.

15                Thank you so much for sharing him.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Stewart-Cousins.

18                Senator Gianaris.

19                SENATOR GIANARIS:   Thank you, 

20   Mr. President.

21                Anyone who is watching the national 

22   debate in our country knows that there's great 

23   divisiveness in our country.  There's division in 

24   the presidential race, there's division 

25   nationally, and yes, here in Albany and New York 


                                                               2518

 1   State we have division as well.  We're divided by 

 2   ideology, we're divided by issues, we're divided 

 3   by our parties.  We're divided in this chamber by 

 4   this aisle that runs right down the middle of the 

 5   room to my right.  

 6                That doesn't mean that we are always 

 7   divided.  There are some people who try to 

 8   overcome those divisions, and Tom Libous was 

 9   certainly one of those people.  You're going to 

10   hear it throughout the day in the course of the 

11   comments made by a number of members -- 

12   Democrats, Republicans.  

13                And there was a time when I was -- 

14   we heard Senator Klein make reference to his 

15   experience sharing the floor leader duties.  Now 

16   I have that experience as well.  And he was so 

17   effective that there were times I felt that we 

18   were on the same team trying to get the house to 

19   operate properly, as if we were co-conductors of 

20   a 63-member orchestra and we were all trying to 

21   make this place run as efficiently as we possibly 

22   could.  

23                And of course we had our assistant 

24   conductors in Rebecca and Shontell, who helped us 

25   get through it.  


                                                               2519

 1                But I think that ended up being to 

 2   the benefit of the people of this state and of 

 3   the functioning of this body.  There were times 

 4   when I would approach him and, as Leader Flanagan 

 5   mentioned, sit in that chair, and have his help 

 6   in getting some of our bills on the agenda.  I 

 7   remember him yelling at Beth and Beth yelling at 

 8   him, somebody's last-minute bills on the last day 

 9   of session.  And lo and behold, they got done.

10                And all of this work got done in a 

11   way that was enjoyable.  It was a true pleasure 

12   to come to the floor and work when Tom was here.  

13   I remember one of our overnight sessions that 

14   seems to happen once or twice a year.  I think it 

15   was Senator Avella was debating a bill, and 

16   Senator Libous was defending it, and Senator 

17   Libous got a case of the giggles that wouldn't go 

18   away.  

19                (Laughter.)

20                SENATOR GIANARIS:   And we were all 

21   sitting here at 3:30 in the morning or whatever 

22   time it is, and he's cracking up, which makes 

23   everybody else crack up, and it was just a fun 

24   time even when we were doing serious work.

25                A lot of people here knew of my 


                                                               2520

 1   friendship with Senator Libous.  It may strike 

 2   some as a political odd couple, given the roles 

 3   we had in this chamber and for our conferences.  

 4   And maybe it's because we both share an affinity 

 5   for the best baseball team in New York, we both 

 6   love the New York Mets and share that.  Sorry to 

 7   my colleagues from the Bronx, but they are 

 8   better, this year at least.

 9                But one of my fond memories was -- I 

10   don't know how many people know this.  I think we 

11   kept it a secret at the time.  But Senator Libous 

12   and I snuck down to a Mets game together during 

13   session.  I know Rebecca was aware of it, and 

14   some others.  But we decided not to tell anyone 

15   lest people get hysterical that we were attending 

16   sporting events together at the time.  But it was 

17   a great time and one of the memories I'll 

18   remember very fondly.

19                Aside from the fact that we like the 

20   Mets, in seriousness, I think our friendship was 

21   based more on the type of person he was.  He was 

22   a caring, kind man who did like to mentor people.  

23   And frankly, his experience here was greater than 

24   mine when I got here and he was a great help in 

25   helping me learn the ways of the floor procedure.  


                                                               2521

 1                And he's someone who cared deeply 

 2   about not only the people he represented and the 

 3   people of this state, but the people that he 

 4   interacted with every day, even if they were 

 5   adversaries from a work perspective.  Don't get 

 6   me wrong -- I enjoy greatly working with Senator 

 7   DeFrancisco and we've had a good session; 

 8   hopefully we'll conclude as effectively as we've 

 9   been running things so far.  

10                But I do miss Tom Libous, may he 

11   rest in peace.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Gianaris.

14                Senator Valesky.

15                SENATOR VALESKY:   Thank you, 

16   Mr. President.

17                First of all, let me just say that 

18   I've been here in the Senate now for 12 years, 

19   and over those 12 years we've had a lot of 

20   resolutions on the floor, a lot of bills, a lot 

21   of debates.  But it just struck me that at this 

22   moment there are a lot of people in this room 

23   right now, and I have never heard it as quiet as 

24   it is right now.

25                You know, and to Fran and his sons, 


                                                               2522

 1   maybe that's the greatest respect for someone, 

 2   beyond the words that we will all share.

 3                I'd like to just share one brief 

 4   story.  And Tom and I got to spend a lot of time 

 5   in these last few years, as we had a very, very 

 6   collegial professional relationship as it related 

 7   to this experiment called coalition government 

 8   over the last few years.  We got to know each 

 9   other very well in that regard.  But before that, 

10   Tom and I had a unique start to our friendship.  

11                And I want to just -- before I 

12   mention that, I want to say to Senator Flanagan 

13   the day after Tom passed, Senator Flanagan 

14   announced his passing here on the floor and 

15   referred to the Senate as a family.  And I'll 

16   always remember that, and I know that everyone 

17   here believes that with every fiber of their 

18   soul.  And that is why, in part, it is so quiet 

19   today and right now during this resolution.

20                But a few years ago I was in a 

21   rather unique situation.  I'm not sure anyone 

22   else in this chamber -- maybe one or two -- has 

23   experienced this, but it was near the conclusion 

24   of the 2010 legislative session.  And Tom had, I 

25   think just before that, or not long before that, 


                                                               2523

 1   been named the chair of the Senate Republican 

 2   Campaign Committee.  And of course we'd had a 

 3   difficult and tumultuous, as Senator Klein 

 4   indicated earlier, a tumultuous couple of years.  

 5   And that June, as we all approached our own 

 6   reelection campaigns, you know, we knew it was 

 7   going to be a difficult year.  Many on this side 

 8   of the aisle knew it was going to be a very, very 

 9   difficult year once we got back home.  

10                And I said to Tom -- and he and I 

11   got to know each other a little bit before that, 

12   but not terribly much.  But I said to him, I 

13   said, "You know, we ought to go out to dinner.  

14   Let's just go out to dinner and relax a little 

15   bit."

16                So that night -- it was a warm 

17   spring evening -- Tom and I went to the Barge, a 

18   restaurant over on the Hudson River.  And as he 

19   and I sat down at that table that evening and 

20   enjoying the evening breeze, the warm breeze, 

21   enjoying a couple of beers, enjoying a hamburger 

22   or two, I knew as we sat there and had a 

23   conversation, I knew what was going to happen 

24   that summer and fall as a result of the efforts 

25   that he had to do.  He knew what was coming for 


                                                               2524

 1   me.  And yet that two hours, whatever it was, was 

 2   some of the -- two of the most memorable hours 

 3   that I have ever spent with someone who became a 

 4   very, very close friend.  

 5                We knew what our roles were, I knew 

 6   what was coming, he knew what had to be done.  

 7   But in those two hours, what developed for me was 

 8   an incredibly close friendship.

 9                And I think that was Tom's greatest 

10   strength.  He did an awful lot for so many 

11   people, but I think his greatest strength was in 

12   each and every one of his friendships, everyone 

13   had a very, very unique and special friendship 

14   with him.  That was the genesis of mine.

15                Miss you, Tom.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Valesky.

18                Senator LaValle.

19                SENATOR LaVALLE:   Thank you, 

20   Mr. President.

21                You know, this indeed is a family, 

22   the Senate.  And today we're an extended family 

23   that has come together.  And the number of 

24   colleagues who have come that are sitting in the 

25   gallery is a testament to we as a Senate and the 


                                                               2525

 1   fact that we can argue, we can fight, but we do 

 2   care and build relationships.  

 3                Tom was hand-picked by Warren 

 4   Anderson, the majority leader, to replace him.  

 5   And you know, it's no easy task to come in after 

 6   the majority leader, because there's so much that 

 7   the majority leader is doing for their area.  

 8                When Tom came in, a young guy, there 

 9   was a little brashness to him, a little swagger.  

10   But you know, as the years went on, that just 

11   evaporated and he became a whole different 

12   person, a person who was going to mentor people, 

13   he was going to bridge gaps.  His involvement, 

14   Senator Gianaris, with you, in bringing order to 

15   our house, camaraderie and getting things done.  

16                Getting things done was critically 

17   important to Tom.  He was very impatient if you 

18   weren't getting things done.  He had an ongoing 

19   battle about jobs, about jobs.  And I have never 

20   in all my years seen a colleague work harder, 

21   juggle more things to bring jobs to the Southern 

22   Tier than Tom Libous.  And for a number of years, 

23   he would bring in 100 jobs and 200 would 

24   evaporate.  And he would almost stamp his feet -- 

25   "You know, I'm doing everything I can."  And he 


                                                               2526

 1   would continue.

 2                He would bring in, I remember one 

 3   time, 600 jobs -- and another 200 would leave.  

 4   But he was determined to provide work for the 

 5   people that he represented, for the people of his 

 6   district.

 7                 As he moved on in his career, he 

 8   used his personality, his charm, and his 

 9   understanding of politics.  And I want to make a 

10   confession here, Fran.  He told me here on this 

11   floor that you were the better politician.  

12                (Laughter.)

13                SENATOR LaVALLE:   So that was very 

14   important, that he was producing.  

15                But I'll tell you, the number of 

16   people that loved Tom are many here in this 

17   chamber, because it was important to him to use 

18   his heart and his mind to be a friend to people.  

19   We didn't have to fight, we could get to where we 

20   needed to get.  

21                Tom and I disagreed on the fracking 

22   issue, and he never once, never once brought up 

23   that I was wrong on the issue.  Not once.  

24   Because that was a strength of his; he understood 

25   what he needed to understand to get and move 


                                                               2527

 1   forward.

 2                His relationship, which has been 

 3   mentioned, with his wife was a critical, critical 

 4   thing in his life.  When he found out he had 

 5   cancer and the trips down to Sloan -- and I would 

 6   always ask Tom about it, he and Fran would make 

 7   that journey.  And the most amazing thing -- and 

 8   I have not faced it, but many people have in this 

 9   chamber, a doctor telling you you have cancer.  

10                Tom Libous, it was like he stubbed 

11   his toe.  He would go down and I would say "How 

12   are your numbers?"  Sometimes he would say, "Well 

13   they're up a little.  But no worries, no 

14   worries."  And sometimes he would say, "They're 

15   really good, we're moving in a good direction."

16                Now, as part of all of this, my wife 

17   Penny and I got onto the Libous team, as so many 

18   people here.  And so we would give Tom holy 

19   water, prayers, and masses that were said.  We 

20   even came up with someone that we knew who had 

21   used certain crystals, and we went out and we got 

22   the crystals for Tom.  We bought him a book on 

23   all of the homeopathic and other things that you 

24   could try to help you out.  

25                And Tom tried everything.  He 


                                                               2528

 1   tried -- if someone told him acupuncture worked, 

 2   he tried it.  Whatever it was.

 3                How he fought that disease was the 

 4   most incredible thing.  We saw him on the floor, 

 5   you would never have known that that man was 

 6   fighting for his life every day.

 7                Tom will be missed for years, and 

 8   people will remember his legacy.  And so he came 

 9   in as the Senator to replace Warren Anderson, the 

10   majority leader.  And he has left as a man who 

11   has earned the respect of being a great Senator 

12   representing his people and his region.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator LaValle.

15                Senator Montgomery.

16                SENATOR MONTGOMERY:   Thank you, 

17   Mr. President.  

18                I rise to join my colleagues.  And 

19   certainly the family, I want to speak to the 

20   family and just share a couple of my impressions 

21   of Senator Libous.

22                He was one of the unique Senators, 

23   especially since I'm on the Democratic side, he 

24   was always on the Republican side.  But we shared 

25   something that I think is extremely important for 


                                                               2529

 1   us to survive in this body, and that is you can't 

 2   take yourself too seriously.  And I always had 

 3   that impression that he supported that point of 

 4   view.

 5                And so when we were here in the wee 

 6   hours for long days and all into the night, it 

 7   became his responsibility at one point to order 

 8   the food.  And that was a great thing for us, 

 9   certainly for me, because he had such excellent 

10   taste.  And when he was going to order the food, 

11   I was so happy because it was really -- he 

12   understood and appreciated and knew how to find 

13   good soul food.  

14                (Laughter.)

15                SENATOR MONTGOMERY:   So if you 

16   understand how important that is to someone like 

17   me, that was extremely welcome.

18                And the other thing was he would 

19   share some of his unique things that he liked to 

20   do.  And one of those was he made wonderful 

21   sauces.  So every holiday he would give us, his 

22   colleagues, a bottle of one of his special 

23   sauces.  And that was the Libous barbecue sauce, 

24   I believe, or one of those kind of sauces.  I 

25   really, really appreciated that, and I still have 


                                                               2530

 1   the last bottle of sauce that he sent me.  And I 

 2   certainly will cherish that forever.

 3                It is always so wonderful to have a 

 4   colleague who can make you feel very much a part 

 5   of a total family.  And even though I may never 

 6   have voted with him, he was okay with that.  

 7   Because he understood institutionally that that's 

 8   how things go in this legislative body.  And so I 

 9   was very appreciative, I learned so much from 

10   him.  And I could always feel wonderful with him 

11   sitting across the aisle.  And he would look over 

12   and at least he would acknowledge that he 

13   understood your frustration.  And whatever was 

14   happening, he wanted to make sure that we all 

15   felt that we were part of this body equally.

16                So I thank him, and I thank you for 

17   sharing.  I certainly understand very, very 

18   deeply how many hours away from you he spent.  

19   But those hours that he spent with us, we 

20   certainly appreciate and will remember forever.

21                So God bless you.  Thank you.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Montgomery.

24                Senator Marcellino.

25                SENATOR MARCELLINO:   Thank you, 


                                                               2531

 1   Mr. President.

 2                When I first got elected some 

 3   20-plus years ago to the Senate, Tommy came over 

 4   to me and said, "I've been asked by the 

 5   leader" -- Joe Bruno at the time -- "to mentor 

 6   you."

 7                Now I'm looking at this fellow from 

 8   a long faraway place called Binghamton, and here 

 9   I am on Long Island, and how is he going to tell 

10   me or teach me anything?  I'm from Long Island.

11                Well, I think he understood, and 

12   that didn't deter him from doing his job.  He 

13   taught me a lot.  He showed me a lot.  Talked 

14   about a mail program, talked about talking to 

15   your constituents, meeting with people, taking 

16   care of people who have different opinions:  

17   Don't worry about that, bring them together, 

18   bring them in.  Don't force them away.  Don't 

19   take sides just because they're different or they 

20   have a different opinion.  Try to bring them in, 

21   reconcile.  And by the way, if you need a 

22   T-shirt, I can get it for you.  

23                (Laughter.)

24                SENATOR MARCELLINO:   If you need 

25   glasses, I can get them for you.  And he did.  At 


                                                               2532

 1   a pretty good price, too.

 2                So all my staff had T-shirts and we 

 3   had stuff to give out at our fundraisers and 

 4   stuff like that, and Tommy supplied all that 

 5   stuff.

 6                But what he supplied was a good 

 7   sense of humor, a political sense that was, as 

 8   you've heard, bar none.

 9                I also came in and replaced a 

10   majority leader, who went out under not so 

11   pleasant circumstances as Tommy's majority leader 

12   did.  So that set up a series of situations that 

13   I had to contend with both up here and in the 

14   district.  But he said:  "Just bide your time.  

15   Keep your eye on what you want to do, and then do 

16   it.  Get your bills passed.  Pick the issues that 

17   you care about, and push those issues.  Don't try 

18   to copy anybody else's style, make up your own."  

19                These are good words.  They were 

20   meaningful.  And I thanked Tom after that, 

21   because we had a lasting friendship because of 

22   that.  I realized what he was doing was helping 

23   me become a better Senator, and I appreciated 

24   that and I appreciated his efforts.  I hope he 

25   appreciates the result of his work.  


                                                               2533

 1                But the nature of the beast is, 

 2   Fran, the family, you had a great person.  You 

 3   had a great man.  And it was a privilege and a 

 4   pleasure to serve with him.  And we thank you for 

 5   sharing it, sharing him with us, and may he rest 

 6   in peace.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Marcellino.

 9                Senator Hassell-Thompson.

10                SENATOR HASSELL-THOMPSON:   Thank 

11   you, Mr. President.  

12                I rise to thank my colleagues for 

13   presenting this resolution on behalf of Thomas 

14   Libous and for -- to his family, some of us I'm 

15   sure you know our names.  Mine is probably one 

16   you've heard.  I was a pain in his butt, but in 

17   the nicest possible way.  

18                He was an extraordinary man.  

19   Everybody will say that, and they mean it 

20   differently based upon the experience that they 

21   had with him.

22                But I remember when we were getting 

23   new cars -- and I had come to leadership, and a 

24   car had been assigned to me.  So he came and he 

25   said, "We're getting new cars, and what do you 


                                                               2534

 1   think?"  And I looked at him and said, "You're 

 2   asking my opinion of what I think?"  And he said 

 3   "Yeah."  He said, "You know, you drove one of the 

 4   old cars and, you know, you have an idea."  And I 

 5   said, "But I'm a woman."  He said, "Yeah, but you 

 6   have an opinion about cars.  You're going to be 

 7   driving a car, you know what you want."

 8                We had a real discussion.  And, you 

 9   know, there are not a lot of people here who feel 

10   that women have an opinion that's worth -- has 

11   value.  Fran, I think you taught him a lot about 

12   respecting a woman's opinion.  Because certainly 

13   I never felt that he was asking idly.  That he 

14   really did care about the opinion if he asked 

15   you.  And I appreciated and respected that more 

16   than anything.

17                And some of the things that we 

18   remember may seem trivial to some people 

19   listening, but to each of us it's endearing.  

20   Because this is a hard place to work, and it's a 

21   stressful place to work.  But there are times 

22   when there's a lot of fun, and Thomas Libous 

23   contributed his share to making it fun.

24                I've been here for 16 years.  This 

25   is my last year.  But I am very pleased to have 


                                                               2535

 1   spent those 16 years learning how to be a good 

 2   legislator.  And I can give as much credit to Tom 

 3   as I can to anybody in this chamber and out of 

 4   this chamber for my ability to get my work done, 

 5   because he helped me to get my work done and he 

 6   helped me to pass bills in a time when most 

 7   minority members were not getting their bills 

 8   passed.  And that meant a great deal to me and my 

 9   constituency, because my constituency is very 

10   different from his.  But he respected that.  

11                And I respected him tremendously, 

12   and I thank you for the hours that you allowed us 

13   to share with him and don't begrudge us.  Because 

14   he was very important, and this was important 

15   work to him.  

16                Rest in peace, Thomas Libous.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Hassell-Thompson.

19                Senator Bonacic.

20                SENATOR BONACIC:   Thank you, 

21   Mr. President.

22                My first experience with Tom Libous 

23   was when I ran in a Republican primary as an 

24   Assemblyman against another Assemblyman.  And it 

25   was a wicked primary, and Tom Libous was for the 


                                                               2536

 1   other guy.

 2                Now, I didn't know Tom Libous.  And 

 3   to make a long story short, I won the primary.  

 4   That night I think I got to bed at 2:00 in the 

 5   morning, exhausted.  What did I get myself into?  

 6   And then I get a call at 8:00 in the morning.  

 7   And I pick up the phone and it says, "This is Tom 

 8   Libous.  Congratulations, John, you're going to 

 9   win in the election.  I'm sending you a $10,000 

10   check."

11                So I put my head back in the bed and 

12   I said, Was this a dream or did this really 

13   happen?  

14                (Laughter.)  

15                SENATOR BONACIC:   So -- but to get 

16   to know Tom is to love him.  And he always served 

17   with passion, dedication, commitment and honor in 

18   the 26 years he was here.

19                So I know the last two years were 

20   painful for Tom and the family.  But rather than 

21   tell a lot of stories about Tom, I would like to 

22   talk about one-word or two-word attributes that I 

23   saw in him.

24                Sense of humor.  Peacemaker.  

25   Genuine.  Very hard worker.  Lovable.  Loved 


                                                               2537

 1   serving the people.  Greater love for Fran and 

 2   family.  Extraordinary human being.  

 3   Extraordinary life.

 4                Thank you.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Bonacic.

 7                Senator Rivera.

 8                SENATOR RIVERA:   Thank you, 

 9   Mr. President.  

10                Tom and me did not have a lot in 

11   common.  I'm a tall, liberal Democrat Puerto 

12   Rican from the Bronx.  He was a short, 

13   conservative Republican from Binghamton.  We're 

14   both bald, but that's really about it.  We don't 

15   agree on much.  As was mentioned earlier, he was 

16   pro-fracking, I was against fracking.  And on 

17   most anything, we disagreed.

18                And when I got here in 2011 I was 

19   excited about being here.  I had worked in the 

20   Senate before, but I'd never been a Senator 

21   before, never been an elected official before.  

22   And there was a lot of things that I had to 

23   learn, things that I'm still learning.

24                But one of the things that Tom 

25   taught me was that we were both equal because we 


                                                               2538

 1   were both Senators.

 2                The level of class that he 

 3   demonstrated towards me was not something that I 

 4   expected.  Before I was a Senator, I was a 

 5   Democratic operative.  My job was to unelect 

 6   Republicans.  Therefore, when I thought about my 

 7   interactions with Republicans, it was usually 

 8   just point at one, I will go destroy him or her.  

 9                Tom was one of the people that 

10   taught me that governing is different than 

11   campaigning.  And it's something that, as Senator 

12   Gianaris said, a lot of our colleagues nationally 

13   still haven't really gotten through their heads.

14                But again, the level of class that 

15   he had, the fact that he always treated me with a 

16   certain level of respect.  I remember in 2011 

17   when I was here just, again, really excited to be 

18   here, still didn't know where all the bathrooms 

19   were, I was in the Senator's lounge talking to 

20   someone and I realized that there was a 

21   discussion on the floor about a bill that I was 

22   going to vote no on, and so I had to run back.  

23   And I came back in.  By the time I got back here, 

24   the vote had already taken place.  

25                So I went to Tom and said, "Listen, 


                                                               2539

 1   I kind of needed to vote nay on that bill that 

 2   was there."  He kind of smiled, and he stood up 

 3   and said, "Mr. President, with unanimous consent, 

 4   if we could go back to that bill," et cetera.  

 5   Then he sat back down and said, "You know, kid, 

 6   we're not supposed to do that.  But you just got 

 7   here, so I'm going to do that for you."

 8                And through the years that he was 

 9   here, again, I just go back to class.  I just go 

10   back to the fact that particularly at first when 

11   I got here, there was no reason why he needed to 

12   be a gentleman to me, and yet he was.  And it 

13   taught me so much about the way that I should 

14   comport myself as an elected official, as a 

15   Senator, as a colleague.

16                I will miss him immensely.  I was 

17   talking to his family earlier, and I told them 

18   that, you know, this is a guy that demonstrated 

19   to me what I -- you know, how I needed to be with 

20   my constituency.  His constituency was very 

21   different than mine, but he fought for them every 

22   day.  I learned that I had to do the same thing.  

23   And it likely meant that I was going to have to 

24   go toe to toe with Tom Libous, and I looked 

25   forward to that.


                                                               2540

 1                There's something else that we had 

 2   in common.  We both liked steaks.  And there was 

 3   a steak sauce that was referred to earlier.  When 

 4   we got new desks earlier this year, I was getting 

 5   stuff out of our desks and putting them in the 

 6   new ones, and there was a box of papers and such 

 7   and I was looking through there and I found one 

 8   of the bottles that he gave us.  And I've kept it 

 9   in my desk ever since.  And so I'm going to keep 

10   it.  I have one at home.  It has a little cartoon 

11   of him, with some artistic license -- a little 

12   bit more hair than he actually had.  But besides 

13   that, it just -- it will remind me of him.  But 

14   not just -- you know, not -- steak sauce is not 

15   really what I think about when I think of Tom 

16   Libous.  I think of a guy who was a mensch, who 

17   was an immense inspiration to me as far as a 

18   public official, as a public servant, as somebody 

19   who taught me what being a legislator and being a 

20   colleague is all about, someone who taught me 

21   what governing should be.  

22                He was a class act.  He will be 

23   missed.  And my sincere condolences to his 

24   family.

25                Thank you, Mr. President.


                                                               2541

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Rivera.

 3                Senator Kennedy.

 4                SENATOR KENNEDY:   Thank you, 

 5   Mr. President.

 6                First of all, let me start by giving 

 7   my deepest condolences once again to the Libous 

 8   family -- to his lovely wife, Fran, his son Nick, 

 9   his son Matt, his daughter-in-law Katie, his 

10   siblings Rick and Susan, his friends that have 

11   joined us in the gallery.  

12                You know, Tom -- and his spirit is 

13   among us, as you can feel it in this room, 

14   although he may not be here physically.  And you 

15   know, if you have listened over the course of the 

16   last hour-plus, we've heard story after story 

17   about the type of individual Tom Libous was, not 

18   just as a Senator but as a family man and as a 

19   leader, not just here and not just in Binghamton, 

20   but across this great State of New York.  

21                And the first paragraph of the 

22   resolution that honored his life and his service, 

23   as the leader, Senator Flanagan mentioned, was 

24   his faith.  Another phrase that was mentioned was 

25   the fact that he was an eminent gentleman.  And 


                                                               2542

 1   over and over and over, all of the memories in 

 2   this Senate chamber here today recognize him 

 3   being a gentleman, someone of great class, 

 4   someone of great dignity.  And he lived his life 

 5   like that and he lived his work like that.

 6                And although I didn't know Tom well, 

 7   because before I was elected to the Senate, Tom 

 8   had already served in government for 26 years.  

 9   So he had done so much for this great state and 

10   the great community that he represented for 

11   26 years before I even got to know him.

12                Actually, the first time I ever even 

13   learned of Senator Tom Libous was when I was at 

14   home back in 2010 and I saw Tom Libous on TV.  

15   And Tom Libous was telling the rest of this great 

16   state how Tim Kennedy would never be a New York 

17   State Senator.  

18                (Laughter.)

19                SENATOR KENNEDY:   And I never had a 

20   chance against the great candidate that the 

21   Senate Republicans had to run in November.

22                And fast forward a couple of weeks, 

23   and his chest pounding on television was a little 

24   bit more tame.  I think he saw some polls coming 

25   his way; I don't know.  But I thought to myself, 


                                                               2543

 1   you know, maybe there's a chance here.  The 

 2   leader of the Senate Republican Campaign 

 3   Committee isn't as bullish as he was just a 

 4   couple of weeks earlier.  That was my first 

 5   interaction, from several hundred miles away.

 6                And then when I got here, I met him.  

 7   And it took me several months to get the grudge I 

 8   had for him out of my system.  Maybe it was a 

 9   little bit of that Irish grudge that we hold, but 

10   every time I would sit here and turn around and 

11   look at him, I'd want to sneer at him.  

12                (Laughter.)

13                SENATOR KENNEDY:   You know?  And I 

14   really didn't have much of an interaction in my 

15   first year with him until it was toward the end 

16   of the session and, you know, you get to know 

17   everybody a little bit more and learn about 

18   everybody a little bit more, not only who they 

19   are as a representative but who they are as a 

20   person, who they are as a character.  

21                And Tom Libous was a great character 

22   in this chamber.  Whether you were talking to 

23   him, whether you were watching him, whether you 

24   would see some of the facial expressions that he 

25   would make, you would know what he was thinking.  


                                                               2544

 1   You know, he could make his face do some things 

 2   that no one else could ever possibly do.  His 

 3   eyes would almost bulge out of his head at times, 

 4   purposely, to make a point, without ever opening 

 5   his mouth.

 6                Tom was a great character.  And the 

 7   more I got to know him over the course of the 

 8   last few years since I was elected in 2010, the 

 9   more not only did I get to like him, the more I 

10   got to love him, the more I got to become his 

11   friend.  And I think that's something that you 

12   hear over and over and over in all of these 

13   stories.  Tom was a friend.  

14                Tom -- yes, he loved politics.  You 

15   know what Tom loved?  He loved people.  Yes, he 

16   loved his family.  Yes, he loved politics.  Yes, 

17   he loved his great community.  Yes, he loved his 

18   great state.  He loved making people happy.  He 

19   loved his Mets, both the New York Mets and the 

20   Binghamton Mets.  He loved the Binghamton 

21   Senators.  How aptly named, right?  It just so 

22   happens that the Binghamton Senators that he 

23   helped bring to Binghamton were aptly named the 

24   Senators, the farm team of the Ottawa Senators.

25                He served this great state with 


                                                               2545

 1   extraordinary goodwill and dignity.  He was a man 

 2   of great integrity, and he was a human being we 

 3   could all excel to emulate in this chamber and 

 4   outside of this chamber.  And yes, yes, he was an 

 5   individual that was a fierce competitor.  He was 

 6   a tough Republican.  But you know what?  A lot of 

 7   folks have talked about this aisle that separates 

 8   us.  Tom Libous, because we've all befriended 

 9   him, would say let's do away with that aisle.  

10   Because he was such a fierce competitor, he'd 

11   also like to get rid of that aisle because he'd 

12   also like to get rid of all of us Democrats.  

13                (Laughter.)

14                SENATOR KENNEDY:   But that's okay.  

15   That's part of this profession that we've all 

16   taken up.  That's part of who we are.

17                And it was an honor to get to know 

18   your husband, your father, our colleague, our 

19   friend, our leader, and to have served in this 

20   honorable body with him over the course of the 

21   last five years.  We will certainly miss him.  

22   We'll miss his character, we'll miss his 

23   influence, we'll miss his intelligence and 

24   certainly his leadership in this chamber.  

25                But there's no question in my mind 


                                                               2546

 1   that this Senate body and this great State of 

 2   New York is much better today than when Tom 

 3   Libous came to the New York State Senate.  

 4                Thank you very much, Mr. President.  

 5   And once again, my sincerest and deepest 

 6   condolences.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Kennedy.

 9                Senator Robach.

10                SENATOR ROBACH:   Yes, 

11   Mr. President.  

12                Let me add my condolences, Fran, to 

13   you, the boys, and your whole family.  This is 

14   definitely a bittersweet day.  And I think you're 

15   hearing from everybody, there's no doubt that, if 

16   nothing else, I think Tom Libous was somebody 

17   that loved life, every part of life, and wanted 

18   to learn about other people's lives and really 

19   embraced every opportunity and chance to help.

20                You know, sometimes we pass bills 

21   here on kids in school need mentoring or even 

22   business programs.  But to me, Tom was a natural 

23   mentor, almost without design.  He liked to share 

24   his opinion, but he was also acute at looking out 

25   or sensing things of the people he would see on 


                                                               2547

 1   this floor.  And I mean all people.

 2                Senator Kennedy, he wasn't only -- I 

 3   use to call him, you know, True Talk Tom.  He 

 4   wasn't only on your elections.  When we first got 

 5   here, John Flanagan and I were in the same class.  

 6   He came over and gave me this beautiful bag with 

 7   the Senate logo on it -- I still have it today.  

 8   And I loved it.  And I said, "Oh, Tom, that's so 

 9   nice of you.  Could I pay you for it?"  He goes, 

10   "No, I'm happy to give this to you."  He goes, 

11   "Really," he goes, "I never thought I'd be able 

12   to give it to you."  He goes, "I didn't think you 

13   were going to win."  

14                (Laughter.)

15                SENATOR ROBACH:   So he never pulled 

16   any punches.  He really liked people.  He told 

17   you what it was.  I can remember a lot of times 

18   where I would think -- towards the end of session 

19   I would go over to Tom and say, "Hey, Tom, I 

20   really need this bill."  He goes, "Joe, it's 

21   1 o'clock in the morning.  It's not going to 

22   happen now, it's not going to happen at 2:00, 

23   it's not going to happen at 3 o'clock in the 

24   morning."

25                So he would tell you straight, but 


                                                               2548

 1   he would give you a lot of advice.  And when I 

 2   say he had a love for the whole place, there's no 

 3   lie.  

 4                On another light note, Velmanette, 

 5   it's very funny that you would mention about 

 6   Tom's love of soul food, because one time after 

 7   one of Tom's Florida trips he came back to the 

 8   conference and he was so well-tanned I said, "We 

 9   now have Binghamton's first African-American 

10   Senator amongst us" --

11                (Laughter.)

12                SENATOR ROBACH:   -- which he wore 

13   as a badge of honor.

14                But I would just say, in conclusion, 

15   much has been said.  I think Tom, in his 

16   mentoring role, always wanted to give advice, 

17   always was fair, always was straight, but also -- 

18   which is sometimes hard -- he not only talked the 

19   talk, he walked the walk.  He said, "If you treat 

20   people fairly, you focus on your constituents, 

21   you do the best you can, you'll be on track."  

22                Tom Libous taught me that not only 

23   by speech, but by action.  And I think it was 

24   good advice then, it's good advice now for 

25   everybody in this chamber to live by.  And we've 


                                                               2549

 1   definitely all been enhanced by him being here.  

 2   And I want to thank you for the time -- I know he 

 3   took a lot of time away from home, and it always 

 4   concerned him.  But he loved you, and he loved 

 5   this place, and it made a difference in both 

 6   camps.  So thank you.  

 7                And Godspeed, rest in peace, Tom.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Robach.

10                Senator Parker.

11                SENATOR PARKER:   Thank you, 

12   Mr. President.

13                First let me -- to Fran and Nick and 

14   Matt and all of the Libous family, my thoughts 

15   and prayers are with you all.

16                I am next month celebrating the 

17   ninth anniversary of my own father's passing, and 

18   there's not a day that goes by that I don't think 

19   about my father and what he's meant to me and the 

20   loss that I feel.  So I'm certainly very 

21   sincerely with you and thinking about you and 

22   praying for you and all that you're going through 

23   right now.

24                We're kind of at that point in the 

25   program where everything has been said but 


                                                               2550

 1   everybody hasn't said it, so I'm not going to 

 2   speak long.

 3                But I really thought of Tommy as a 

 4   friend and somebody who, like many other people 

 5   in this chamber, was mentored by him.  I had the 

 6   fortune, when I first got here, to have an office 

 7   right next to his.  And he called me in one day 

 8   to his office -- which surprised me, because I 

 9   didn't even know he knew my name -- and just 

10   talked to me just man to man and asked me about 

11   myself and offered his help, offered, you know, 

12   guidance, offered -- just told me that like if I 

13   needed anything, you know, to come see him.  

14                And I really just thought it was 

15   just something that -- you know, we're 

16   politicians, we say lots of things.  And so I 

17   just thought it was one of those things that 

18   somebody just says to you.

19                But he consistently, when I first 

20   got here, was one of the people who consistently 

21   spoke to me all of the time.  And because no one 

22   knew me, to have a member of the majority -- and 

23   I was the youngest member of the Senate long ago, 

24   in those days.  And so to have somebody who had 

25   been serving as long as he had and someone who 


                                                               2551

 1   was chairing a committee come talk to me and ask 

 2   me about legislation and talk to me about things 

 3   really meant a lot.

 4                And over the years I realized that 

 5   when he said if I ever needed anything, that it 

 6   wasn't a throwaway line, that he really meant 

 7   that, that he really was somebody, when I needed 

 8   something around here, I could go to and ask or 

 9   talk to about.  And as Senator Robach just 

10   indicated, you know, if it wasn't going to 

11   happen, he'd look at you and he'd be like, 

12   "That's not going to happen."

13                (Laughter.)

14                SENATOR PARKER:   You know.  

15                But more often than not, he -- most 

16   of the time, if it was something that he could 

17   do, he would try to do it.  And sometimes he 

18   would come back to you and say, "Don't worry, 

19   I've taken care of it."  And sometimes if he 

20   couldn't take care of it, he'd be like, "No, 

21   we'll try on the next one," you know.  But it was 

22   good to have that kind of open dialogue with 

23   somebody and somebody that you could count on and 

24   trust in the chamber.

25                The other thing, again, that struck 


                                                               2552

 1   me so much was that he had the most fantastic 

 2   sense of humor.  And there are a lot of wise guys 

 3   in this chamber, but there was certainly no one 

 4   who was just as gregarious and as just truly 

 5   funny in a real human way as Tom Libous.  And 

 6   someone who just always, you know, had 

 7   something -- something positive to say.  

 8                And even in the days when you could 

 9   see he was struggling with the cancer, he was 

10   just -- he was more positive than you were about 

11   it.  You know.  Sometimes, you know, you would go 

12   and you'd see him, you'd give him a big hug when 

13   he might have been gone for a couple of days and, 

14   you know, he'd look at you like, What's wrong 

15   with you?  Like, I'm fine, what's wrong with you?  

16   Are you okay?  You know.  

17                But that was the kind of guy he was.  

18   And we're going to miss him here.  I know the 

19   people of Binghamton, certainly his family are 

20   going to miss him.  But even whether they knew 

21   him or not, the people of the state are going to 

22   miss Tom Libous and the leadership he helped us 

23   with.

24                And thank you on behalf of a 

25   grateful state and the people of the 


                                                               2553

 1   21st District for lending him to us and giving us 

 2   his leadership.  God bless.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Parker.

 5                Senator Boyle.

 6                SENATOR BOYLE:   Thank you, 

 7   Mr. President.

 8                First, my condolences to Fran and 

 9   the Libous family.  I didn't get a chance to 

10   serve with Tom for too long, but I knew him 

11   mostly through politics.  I can tell you that 

12   even on Long Island, he was legendary.  

13                Tom was quite frankly a genius, 

14   politically and governmentally.  When I dealt 

15   with political leaders on Long Island, we often 

16   said "What would Tom Libous do in this 

17   situation?" or call Tom and get his advice.  It 

18   was truly amazing.  

19                You see the accolades that Tom is 

20   getting here today.  And many of the people that 

21   spoke, Tom raised and spent a lot of money trying 

22   to defeat.  That says a lot.  Everybody on that 

23   side, and even Bonacic I didn't know about.  So 

24   that says something.

25                (Laughter.)


                                                               2554

 1                SENATOR BOYLE:   I wish that Tom had 

 2   gone further.  He should have been majority 

 3   leader, he should have been governor.  Our state 

 4   would have been better for it.  But perhaps not 

 5   this chamber.

 6                And I can tell you, as an attorney, 

 7   we look at people and call them a lawyer's 

 8   lawyer, someone who is like, wow, that man or 

 9   that woman has it all.  Well, Tom was a Senator's 

10   Senator, and we'll always remember him.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Boyle.

13                Senator Peralta.

14                SENATOR PERALTA:   Thank you, 

15   Mr. President.

16                First and foremost, my condolences 

17   to the family and to Fran.  

18                I really didn't know Senator Libous 

19   for that long.  I served with him for almost six 

20   years.  And I want to first thank Fran, his wife, 

21   for really lending him to us.  Because as we all 

22   know, this is a very, very busy position to have.  

23   We always -- not only are we up here in Albany 

24   from time to time during the week, but then when 

25   we go back home we have events to attend, we have 


                                                               2555

 1   political functions to attend, and this sometimes 

 2   can become very stressful.  So I want to thank 

 3   the family, Fran and his family, for lending Tom 

 4   to us.  

 5                This also goes to show how we should 

 6   always be interacting with each other, whether 

 7   it's on that side or on this side.  And 

 8   sometimes -- I know, sometimes it gets a little 

 9   bit heated, sometimes because of our ideology, 

10   because of what we feel, what we believe, who we 

11   represent.

12                But the bottom line is that when 

13   it's all said and done, we are all a family.  We 

14   all should respect each other.  And hopefully we 

15   can remember that come June of this year when we 

16   get a little bit testy when it's late at night 

17   and we're kind of short on patience.

18                I wanted to bring that up because 

19   late nights, Tom was a trooper.  I mean, he 

20   outlasted many of us.  If you would walk into the 

21   members' lounge, you would see, on both sides of 

22   the aisle, people would just be laying down on 

23   the couch, right at 3 o'clock in the morning.  

24   Right?  People were just sleeping on one side, 

25   Republicans, Democrats.  Right?  Just waiting, 


                                                               2556

 1   right, that hurry-up-and-wait where everything 

 2   would kind of speed up and then it would slow 

 3   down.  

 4                It would be 2, 3 o'clock in the 

 5   morning, 4 o'clock in the morning and we would 

 6   walk into the members' lounge, and some of us are 

 7   knocked out.  Tom would walk by, kind of like see 

 8   everybody and sort of say "Uh-huh," and keep on 

 9   walking.  And I always noticed that about him.  

10   And I remember, even myself, I mean, I was -- I'm 

11   a bit younger than Tom was, and I would sit there 

12   and it would be 3:00 in the morning.  I'd say, 

13   How can this man outlast me?  How is he doing 

14   this?  And he would walk back and forth, and he 

15   would just look at people and talk to people, I 

16   guess just have a conversation with folks, and he 

17   was up and about as if it was only 10 o'clock in 

18   the morning.  That was very inspiring, to say the 

19   least.

20                He was someone who not only had a 

21   sense of humor, but he would also have a good 

22   joke, he would love good jokes to be told about 

23   him.  

24                I remember, I don't know if -- well, 

25   maybe not your side, but on this side every end 


                                                               2557

 1   of the session I do this little thing where I 

 2   always say, Who would play us if this was the 

 3   Senate movie?  And I know I've mentioned it to 

 4   some of you on that side of the aisle.  But from 

 5   time to time I would pick these actors of who 

 6   would play us, right, late at night, because 

 7   we're just waiting.  And we would just come up 

 8   with these actors, I would come up with these 

 9   actors.  

10                And one year, I said:  I know who 

11   can play Tom Libous.  And I told some of my 

12   colleagues, and I said I think Danny DeVito can 

13   play Tom Libous.  

14                (Laughter.)

15                SENATOR PERALTA:   And I didn't tell 

16   him, someone must have told him, because he came 

17   up to me and he said, "Peralta, can I talk to you 

18   for a second?"  And I said "Yeah."  And he said, 

19   "I'm hearing you're saying that Danny DeVito can 

20   play me."  And I said (pausing) "I think he can 

21   capture your essence."

22                (Laughter.)

23                SENATOR PERALTA:   And he said, "Let 

24   me just tell you, I'm better looking than Danny 

25   DeVito" --


                                                               2558

 1                (Laughter.)

 2                SENATOR PERALTA:   -- "so let's end 

 3   that right now." 

 4                And that was Tom.  He was so laid 

 5   back about it.  And, you know, he walked out and 

 6   maybe a few minutes later he came back in -- we 

 7   were in the members' lounge -- and I said, "You 

 8   know what, Tom?  You're one of the cool 

 9   Republicans."  

10                And he came by, and he looked at me.  

11   He said, "I'm one of the cool Republicans."  

12   Walks out again, comes back, and he says, "Let me 

13   tell you a secret, Peralta.  There's a lot of 

14   cool Republicans."  

15                (Laughter.)

16                SENATOR PERALTA:   And I said, "You 

17   know what?  That's why I like you, Tom."

18                So Tom was a true gentleman.  Like I 

19   said, I didn't really get to know Tom the way I 

20   should have.  But the little that I did get to 

21   know Tom, I'm really honored to have gotten to 

22   spend time with him.

23                So he will be missed.  And again, 

24   thank you for allowing him to serve with us.

25                Thank you, Mr. President.


                                                               2559

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Peralta.

 3                Senator Martins.

 4                SENATOR MARTINS:   Thank you, 

 5   Mr. President.

 6                First and foremost, my deepest 

 7   condolences to the Libous family; in particular, 

 8   to Fran.  

 9                I met Tom about six years ago, 

10   shortly after getting elected.  And whereas Joe 

11   Robach got a bag, I got a set of Libous 

12   cufflinks, which I still have.

13                I wasn't going to get up, but what a 

14   beautiful day in the New York State Senate.  What 

15   a wonderful moment for us to have an opportunity 

16   to recognize a great man, a great colleague, and 

17   someone who really made a difference.

18                You know, we didn't mention that Tom 

19   Libous died extraordinarily young.  He was a 

20   young man who had put in more than 30 years of 

21   public service.  And look at the legacy that he 

22   left here.  

23                And yes, he was a Senator's Senator.  

24   I remember those words being used by Senator 

25   LaValle in reference to another colleague of ours 


                                                               2560

 1   who passed way too young many years ago, Senator 

 2   John Caemmerer.  Tom Libous made a difference.  

 3                He was a fierce competitor, always 

 4   looking at the numbers, always thinking about 

 5   each Senate seat.  And he had this granular 

 6   knowledge of each one of our districts.  So when 

 7   we discussed issues, his points were always where 

 8   we should be, not because of the larger issues, 

 9   but where those issues were important in our 

10   districts.  An extraordinary ability.

11                But most importantly, I think he was 

12   a great example to all of us on how we should 

13   conduct ourselves as Senators in this chamber.  

14   Because this was Tom Libous's chamber.  His 

15   ability to work across the aisle and to get 

16   things done.  And yes, to the leader's point, 

17   somehow the Southern Tier always came out 

18   slightly ahead on whatever it was that we were 

19   doing.  But rightfully so.

20                Tom Libous was a giant.  He blazed a 

21   path here in the New York State Senate.  And he 

22   had big shoes to fill, and he did.  And his 

23   legacy continues in our dear colleague here, Fred 

24   Akshar.  Big shoes to fill.  But I see a lot of 

25   Tom Libous in Fred Akshar as well.  And so we're 


                                                               2561

 1   lucky to have that peace and that continuity.

 2                But as a chamber, we have a lot to 

 3   celebrate today.  We celebrate the memory of a 

 4   dear friend and a colleague and someone who 

 5   worked hard on both sides of the aisle, and we 

 6   got a moment in what is perhaps a very difficult 

 7   time for anyone in government, not only national 

 8   politics but state politics, to remember that 

 9   which is great about being in government and 

10   being in public service.

11                So it was an honor and a privilege 

12   to serve with Tom Libous.  To his family, thank 

13   you for sharing him with us.  God knows the 

14   sacrifices that you made over those three-plus 

15   decades, the nights that he was here when he 

16   should have been home.  But thank you.  Because 

17   as you heard, Tom Libous made a difference and 

18   the entire State of New York recognizes that.

19                Thank you.  Thank you, 

20   Mr. President.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Martins.

23                Senator Akshar.

24                SENATOR AKSHAR:   Thank you, 

25   Mr. President.  


                                                               2562

 1                I rise this afternoon with a great 

 2   of humility, keenly aware that I have succeeded a 

 3   man who has dedicated his life to others with an 

 4   immeasurable amount of honor and integrity.  

 5                So where does one begin when having 

 6   an opportunity to speak about a political giant, 

 7   a dedicated public servant, and a man who loved 

 8   his family more than anything else.  

 9                I really only got to know Senator 

10   Libous over the last five or six years.  And 

11   during that time, it was clear to me that serving 

12   the constituency was at the forefront of the 

13   Senator's mind.  I couldn't agree more with 

14   Senator Flanagan when he said of Senator Libous, 

15   If you were his constituent, your cause was his 

16   crusade.  No truer words have been spoken.

17                I reflected a little bit about my 

18   time that I did get to spend with Senator Libous.  

19   I was a political newcomer, a rookie, if you 

20   will, looking for an opportunity to get his ear, 

21   get a photo with him -- which he was always happy 

22   to do, not only with me but for everybody that he 

23   served.  

24                A couple of years later he asked me 

25   to MC an event for him.  It was about the 


                                                               2563

 1   crash-zone safety bill that he was pushing.  I 

 2   did.  I was a captain in law enforcement.  A 

 3   follow-up lunch where Libous sat me down and 

 4   asked me about my future plans.  I went on and 

 5   on, I was so happy he was listening to me.  I 

 6   wanted to run for sheriff.  It was just going to 

 7   be the greatest thing.  

 8                And he said to me:  "Things change 

 9   in politics.  Don't put all your eggs in one 

10   basket."  Who would have ever thought in a year 

11   and a half I'd be standing here having this 

12   conversation.  

13                Thursday night dinner at the Park 

14   Diner, which we all know that he loved.  And then 

15   came the phone call when I decided to run.  It 

16   was Libous.  The first thing he said:  "This is 

17   not an endorsement call."  Talk about nervous.

18                (Laughter.)

19                SENATOR AKSHAR:   I think he put me 

20   through the wringer just like Warren put him 

21   through the paces.

22                And I remember very vividly my last 

23   conversation I had with the Senator.  The Monday 

24   before he passed, Mary and I stopped to see him 

25   before we came here.  He gave me some advice on 


                                                               2564

 1   life, and then he talked about public service.  

 2   And I think this goes -- this really goes to the 

 3   type of person that Tom Libous was.  In the 

 4   waning hours of his life, he was talking about 

 5   serving the public.  

 6                He said to me:  "Build that 

 7   Binghamton University pharmacy school.  Make sure 

 8   the Greenway gets built.  And dammit, take care 

 9   of my Binghamton Mets."

10                It's been said many times since I've 

11   been elected and since we lost Senator Libous 

12   that I have big shoes to fill.  I couldn't agree 

13   more.  Some might suggest that following in the 

14   footsteps of someone like Senator Libous would be 

15   a daunting task.  It may be to some.  However, 

16   when you have been able to witness firsthand the 

17   right way to do this job and have been able to 

18   study under the tutelage of someone like Senator 

19   Libous, it makes the task so much easier.

20                So to Fran, the people of the 

21   Southern Tier, and to my colleagues in this great 

22   house, I want each of you to know that I stand 

23   ready to proudly walk in his footsteps, work hard 

24   every day to fill his shoes, and continue the 

25   long Southern Tier tradition of public service 


                                                               2565

 1   before self.

 2                Mr. President, if you will indulge 

 3   me, I'd like to leave you with a quote by Teddy 

 4   Roosevelt that Senator Libous kept in his office 

 5   for many years.  "It is not the critic who 

 6   counts, not the man who points out how the strong 

 7   man stumbles or where the doer of deeds could 

 8   have done them better.  The credit belongs to the 

 9   man who is actually in the arena, whose face is 

10   marred by dust, sweat and blood, who strives 

11   valiantly, who errs, who comes short again and 

12   again because there is no effort without error 

13   and shortcoming, but who does actually strive to 

14   do the deeds, who knows great enthusiasm, the 

15   great devotion, who spends himself in a worthy 

16   cause, who at the best knows in the end the 

17   triumph of high achievement and who at the worst, 

18   if he fails, at least fails with daring greatly, 

19   so that this place shall never be with those cold 

20   and timid souls who neither know victory nor 

21   defeat."

22                I would respectfully offer that Tom 

23   Libous lived by those words.  And I pray, as 

24   Senator Libous is looking down, smiling on all of 

25   us, I pray that God will continue to bless the 


                                                               2566

 1   Libous family.  

 2                Thank you.  

 3                (Applause.)

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Akshar.

 6                Senator DeFrancisco will close.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Thank you.  

 9                I have the honor of closing because 

10   I have the honor of sitting at his desk.  And it 

11   is truly an honor.  I've known Tom for a long 

12   time.  And I've got many, many stories, but I'm 

13   not going to tell any of them.  I just want to 

14   talk about a couple of things.

15                Quite frankly, I believed that Tom 

16   was indestructible.  I truly, truly believed.  

17   And it was a shock, his passing -- despite what 

18   he was going through, it was a shock that he 

19   died.  I have never, ever -- and I've been around 

20   a while -- seen anybody who went through what he 

21   went through in the end of his life and always 

22   have a smile on his face.  I thought he was 

23   indestructible.  

24                People have mentioned this before.  

25   He never, ever, ever complained.  In this society 


                                                               2567

 1   that we've created of victims, where everybody 

 2   has a problem and you've got to deal with it, he 

 3   was not a victim.  He was the person that took 

 4   care of the victims and wouldn't even take -- he 

 5   would not take any kind of statement that was 

 6   negative or concern about him.  "Don't worry 

 7   about me" was said many times.  Absolutely true.

 8                He was totally indestructible.  And 

 9   he still is, as far as I'm concerned, because 

10   he's always going to be here.

11                The funeral was absolutely 

12   beautiful, it was absolutely beautiful.  And I've 

13   been to funerals before of people who have passed 

14   from the Legislature.  But you know, maybe it's 

15   because of my age, because I'm getting up there, 

16   I started thinking of something -- because all of 

17   us complain about something as we're doing our 

18   job.  All of us do, and I certainly do.

19                But what it brought to my attention, 

20   because of Tom's character and the way he was, is 

21   that, you know, we all forget what a blessing we 

22   have to be serving here in this body with so many 

23   people of diverse backgrounds and philosophies 

24   that we can call friends, that we can actually 

25   have a good time with as we're doing this work.  


                                                               2568

 1                And that came out at that funeral 

 2   and never came out before at any of the others 

 3   that I've gone to.  Because he was the epitome of 

 4   friendship.  

 5                And hopefully as we go forward, we 

 6   will think of Tom as a model in which we can 

 7   continue to conduct business and be thankful 

 8   rather than be concerned about some of the 

 9   difficulties of doing this work.

10                So all I'm going to do to close is 

11   in Tom's program at the service, there was a 

12   poem.  And Tom is probably up there now saying, 

13   Will you guys please shut up, let's get this 

14   thing over.  But this poem is perfect.  It's 

15   based on a poem "Remember Me" by David Harkins.  

16   And the section that they pulled out -- and the 

17   family obviously knew the right one to do -- "You 

18   can shed tears."  

19                "You can shed tears that he is gone, 

20   or you can smile because he has lived.  

21                "You can close your eyes and pray 

22   that he'll come back, or you can open your eyes 

23   and see all that he's left.

24                "Your heart can be empty because you 

25   can't see him, or you can be full of the love you 


                                                               2569

 1   shared.  

 2                "You can turn your back on tomorrow 

 3   and live in yesterday, or you can be happy for 

 4   tomorrow because of yesterday.

 5                "You can remember only that he is 

 6   gone, or you can cherish his memory and let it 

 7   live on.

 8                "You can cry and close your mind, be 

 9   empty and turn your back, or you can do what he'd 

10   want:  Smile, open your eyes, love and go on."

11                Rest in peace, friend.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator DeFrancisco.

14                Before I call the question, I again 

15   want to acknowledge the family's presence here:  

16   His brother, sister, sisters-in-law, 

17   brothers-in-law, Fran, Matt, Nick and Katie.  

18   You've heard so many poignant stories today, and 

19   you've seen us not only express the sorrow of 

20   this house but our appreciation for sharing Tom 

21   with not only the New York State Senate and the 

22   people of the Southern Tier, but the people of 

23   the State of New York.

24                Even during the challenges that he 

25   faced, he possessed courage, perseverance, and 


                                                               2570

 1   faith.  There's an old Lebanese saying that says 

 2   "Talking isn't doing."  Well, he did some 

 3   talking, but he did a lot of doing.  He was just 

 4   born with the ability to change lives, and that 

 5   he didn't waste.  That ability was put to good 

 6   use.

 7                So today as we stand prepared to 

 8   vote on this resolution, we'll remember that he 

 9   was a loving family man but also a good friend to 

10   each and every member of this house.  Because the 

11   best way to friendship truly is to be a friend, 

12   and that he was consummately.  And among all his 

13   pursuits, as we heard today, his true interest 

14   was in service.  He cherished that.  And the poet 

15   Emerson once wrote:  "The best way to find 

16   yourself is to lose yourself in service."  Tom 

17   exemplified that, and he was the personification 

18   of that.

19                So like his beloved New York State 

20   Mets, simply put, Tom was amazing.  

21                The question is on the resolution.  

22   All in favor signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?

25                (No response.)


                                                               2571

 1                ACTING PRESIDENT GRIFFO:   The 

 2   resolution is adopted.  

 3                I ask all present, at the leader's 

 4   request, to rise and honor and celebrate the life 

 5   of Tom Libous.  

 6                (Extended standing ovation.)  

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco, the resolution has been adopted.

 9                SENATOR DeFRANCISCO:   Thank you.  

10                Can we now take up Resolution 5540, 

11   by Senator Croci, and read the title only and 

12   then call on him.

13                ACTING PRESIDENT GRIFFO:   By the 

14   way, Senator DeFrancisco, at the request of the 

15   leader, that resolution has listed all the 

16   members on it.

17                SENATOR DeFRANCISCO:   Great.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 5540, by Senator Croci, 

22   congratulating the Connetquot High School Girls 

23   Volleyball Team upon the occasion of capturing 

24   the 2015 New York State Public High School 

25   Athletic Association's Class AA Championship.


                                                               2572

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Croci.

 3                SENATOR CROCI:   Thank you, 

 4   Mr. President.  I'd like to speak on the 

 5   resolution.  

 6                It's fitting that after honoring a 

 7   great public servant with a lifetime of 

 8   accomplishments that we are now recognizing an 

 9   accomplishment that I think these girls will 

10   remember for their lifetime.

11                And so I'd like to tell you about a 

12   a school at the end of 7th Street in Bohemia, 

13   Connetquot High School.  And in 31 years, 

14   Connetquot High School has not had a girls' 

15   championship.  But today we're recognizing the 

16   Connetquot High School Girls Volleyball Team in 

17   winning the state championship.  

18                They're not only great athletes led 

19   by great coaches from an extraordinary community, 

20   but they're involved in helping other people 

21   while they're achieving athletic greatness.  They 

22   have raised $3,400 this year to help with breast 

23   cancer research and charities on Long Island, and 

24   in the past six years have raised over $20,000 to 

25   help breast cancer research.  


                                                               2573

 1                In addition to that, in addition to 

 2   their community service and their athleticism, 

 3   they have heart.  And that's how they got to the 

 4   state championship.

 5                So to Diana, Lauren, Sarah, Ashley, 

 6   Nicole, Sophia, Gianna, Cory, Mackenzie, Taylor, 

 7   Skyla, Cassandra, Mackenzie, Taylor, Daniella and 

 8   Katie, and to Assistant Coaches Karen Edwards and 

 9   Ashley Marchese and Head Coach Justin Hertz, 

10   congratulations.  You make us very proud to be 

11   New Yorkers.  I am very proud to be your Senator.  

12   And as an alumni and graduate of Connetquot High 

13   School, you make me very proud to be a T-bird.  

14                If you would please stand.  

15   Mr. President, I would ask that the Senate 

16   recognize the 2015 Connetquot High School Girls 

17   Volleyball state champs.

18                (Applause.)

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Boyle.

21                SENATOR BOYLE:   Thank you, 

22   Mr. President.

23                I too, as the Senator representing 

24   Connetquot High School, would like to 

25   congratulate the Girls Volleyball Team for their 


                                                               2574

 1   state championship.  It has been a long time in 

 2   coming, and you made history for the entire State 

 3   of New York and for Connetquot High School.  

 4                And you got to witness also a 

 5   commemoration of a great New Yorker, Senator Tom 

 6   Libous.  When you go home, Google him, you'll see 

 7   the great works he did.  And he would be very 

 8   proud of you as well.  

 9                Thank you so much, and we look 

10   forward to seeing you back home on Long Island.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Boyle.

13                Again, we offer congratulations to 

14   the Connetquot Girls Volleyball state champions.  

15   We appreciate you being here today.  We extend 

16   best wishes to you, and we extend the privileges 

17   of the house.  Congratulations.  

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:   Could we take 

20   up both Resolution --

21                ACTING PRESIDENT GRIFFO:   Excuse 

22   me, Senator DeFrancisco.  

23                The question is on the resolution.  

24   All in favor signify by saying aye.

25                (Response of "Aye.")


                                                               2575

 1                ACTING PRESIDENT GRIFFO:   Opposed?  

 2                (No response.)

 3                ACTING PRESIDENT GRIFFO:   The 

 4   resolution is adopted.  

 5                Thank you, Senator DeFrancisco.  

 6                SENATOR DeFRANCISCO:   And I think 

 7   it's open for cosponsorship, if I'm not mistaken.

 8                ACTING PRESIDENT GRIFFO:   It is.  

 9   It is.  

10                Should you choose not to be a 

11   cosponsor, please notify the desk.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Now would you 

14   please take up Resolutions 4799 and 4800, read 

15   both in their entirety, take a vote on the first 

16   one, and then we will all speak, whoever wants to 

17   speak, after the second one is read, in view of 

18   the hour.

19                ACTING PRESIDENT GRIFFO:   We will 

20   read both resolutions and then we will take two 

21   separate votes and then call upon members to 

22   speak.

23                The Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 4799, by Senator Díaz, 


                                                               2576

 1   celebrating Taiwan Heritage Day to strengthen the 

 2   friendship and bilateral relationship between the 

 3   State of New York and Taiwan.  

 4                "WHEREAS, The United States and the 

 5   Republic of China (Taiwan) share common ideals 

 6   and a clear vision for the 21st century, where 

 7   freedom and democracy are the foundation for 

 8   peace, prosperity, and progress; and 

 9                "WHEREAS, Taiwan has become a 

10   multiparty democracy in which all citizens have 

11   the right to participate freely in the political 

12   process, as evidenced by Taiwan's six democratic  

13   presidential elections, which took place in 1996, 

14   2000, 2004, 2008, 2012 and 2016; and 

15                "WHEREAS, This Legislative Body is 

16   proud to congratulate President-elect Dr. Tsai 

17   Ing-wen and Vice President-elect Dr. Chen 

18   Chien-jen on their victory in Taiwan's 

19   presidential election on January 16, 2016, making 

20   Dr. Tsai the first female president of the 

21   Republic of China in history; and 

22                "WHEREAS, This Legislative Body is 

23   also proud to congratulate the Honorable Lily 

24   L.W. Hsu, the new ambassador and director general 

25   of the Taipei Economic and Cultural Office (TECO) 


                                                               2577

 1   in New York for assuming office on January 20,  

 2   2016, as a seasoned career diplomat of the 

 3   Republic of China and the first female ambassador 

 4   of TECO in New York; and 

 5                "WHEREAS, Through cross-strait 

 6   dialogue, the establishment of the Economic 

 7   Cooperation Framework Agreement (ECFA) with 

 8   mainland China, and the policy of viable 

 9   diplomacy, President Ma Ying-jeou of the Republic 

10   of China has transformed the Taiwan Strait from  

11   a major international flashpoint into an 

12   essential component of East Asian peace and 

13   prosperity; and 

14                "WHEREAS, In 1979, the United States 

15   passed the Taiwan Relations Act to define the 

16   relations of the United States and Taiwan, which  

17   strongly strengthened their friendship; and 

18                "WHEREAS, The United States and 

19   Taiwan share a long-term and close economic 

20   relationship, including $66.6 billion in 

21   bilateral trade in 2015, making Taiwan the ninth 

22   largest trading partner of the United States; and 

23                "WHEREAS, The United States assisted  

24   Taiwan in attaining participation in the assembly  

25   of the World Health Organization (WHO) since 


                                                               2578

 1   2009, and of the International Civil Aviation 

 2   Organization (ICAO) in 2013, and will continue 

 3   supporting Taiwan's meaningful participation in 

 4   other international organizations such as the 

 5   United Nations Framework Convention on Climate 

 6   Change (UNFCCC) and INTERPOL; and 

 7                "WHEREAS, In order to strengthen 

 8   bilateral trade relations with the United States, 

 9   the government of the Republic of China has 

10   expressed its wish to participate in the 

11   Trans-Pacific Partnership agreement (TPP), and to 

12   sign a Bilateral Investment Agreement (BIA) and a  

13   Free Trade Agreement (FTA) with the United States 

14   in the near future; and 

15                "WHEREAS, The State of New York 

16   exported $844 million and imported $1.76 billion 

17   worth of products to/from Taiwan in 2014, making 

18   Taiwan the 15th largest foreign market for the 

19   State of New York; and 

20                "WHEREAS, Many of the United States' 

21   top 500 companies headquartered in New York, 

22   including IBM, Pfizer, Corning, Citigroup, AIG, 

23   MetLife, JPMorgan Chase, Merrill Lynch, and 

24   New York Life, have invested in Taiwan, 

25   supporting the mutually beneficial relationship 


                                                               2579

 1   for decades; and 

 2                "WHEREAS, There are more than 300 

 3   Taiwanese companies that have invested in the 

 4   State of New York in sectors such as computers, 

 5   finance, jewelry, sporting goods, and garments; 

 6   and 

 7                "WHEREAS, The State of New York is 

 8   home to a thriving overseas ethnic Chinese 

 9   community that supports the Republic of China, 

10   including the Chinese Consolidated Benevolent 

11   Association (CCBA), the Chinese Chamber of 

12   Commerce of New York, Inc., Buddha's Light 

13   International Association in New York, the Taiwan 

14   Center (Senior Center), Taiwanese American 

15   Association of New York, the Union of Taiwan  

16   Universities and Colleges Alumni Association, and 

17   the National Women's League of the Republic of 

18   China, that devote themselves to the harmony and 

19   development of the community of the State of 

20   New York; and 

21                "WHEREAS, The New York State 

22   Legislature held the third Taiwan Heritage Day 

23   celebration at the Legislative Office Building in 

24   Albany in April of 2015 to promote bilateral 

25   relations between New York and Taiwan, and will 


                                                               2580

 1   hold the fourth Taiwan Heritage Day Celebration 

 2   in 2016; now, therefore, be it 

 3                "RESOLVED, That this Legislative 

 4   Body pause in its deliberations to celebrate 

 5   Taiwan Heritage Day to strengthen the friendship 

 6   and bilateral relations between the State of 

 7   New York and Taiwan; and be it further 

 8                "RESOLVED, That copies of this  

 9   Resolution, suitably engrossed, be transmitted to 

10   President Ma Ying-jeou of the Republic of China, 

11   through the Taipei Economic and Cultural Office 

12   in New York; President-elect Dr. Tsai Ing-wen; 

13   Vice President-elect Dr. Chen Chien-jen; and the 

14   Honorable Lily L.W. Hsu, the new ambassador and 

15   director general of the Taipei Economic and 

16   Cultural Office in New York." 

17                ACTING PRESIDENT GRIFFO:   The 

18   question is on the resolution.  All in favor 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is adopted.

25                The Secretary will now read 


                                                               2581

 1   Resolution 4800.

 2                THE SECRETARY:   Legislative 

 3   Resolution 4800, by Senator Díaz, commemorating 

 4   the 150th anniversary of the employment of large 

 5   numbers of Chinese laborers on the construction 

 6   of the Central Pacific portion of the 

 7   Transcontinental Railroad on April 12, 2016.  

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body to recognize and commend events 

10   which symbolize the historical, social and 

11   cultural development of this great state and 

12   embody the spirit of the principles upon which 

13   this nation was founded; and 

14                "WHEREAS, Attendant to such concern,  

15   and in full accord with its long-standing 

16   traditions, this Legislative Body is justly  

17   proud to commemorate the 150th anniversary of the 

18   employment of large numbers of Chinese laborers 

19   on the construction of the Central Pacific  

20   portion of the Transcontinental Railroad, to be  

21   feted at the Chinese Railroad Workers' 

22   Celebration Gala organized by the Asian Pacific 

23   Islander American Public Affairs Association 

24   (APAPA) on Tuesday, April 12, 2016; and 

25                "WHEREAS, This auspicious occasion 


                                                               2582

 1   will applaud and pay tribute to the 

 2   accomplishments and contributions of the Chinese 

 3   workers; despite facing severe prejudice, 

 4   discrimination, social isolation, and a language  

 5   barrier, as well as the inherent physical 

 6   challenges of labor, the proud Chinese workers 

 7   persevered; and 

 8                "WHEREAS, In 1865, construction 

 9   began for the Transcontinental Railroad, which 

10   was predominantly built by Chinese laborers; the 

11   Union Pacific Railroad faced a steep labor 

12   shortage and recruited heavily from the pool of 

13   able-bodied Chinese workers; by the second year 

14   of the railroad's construction, approximately 

15   nine out of 10 workers were Chinese; and 

16                "WHEREAS, Unfortunately, many 

17   Chinese workers were often exploited, given the 

18   most difficult and dangerous tasks, and 

19   subsequently, thousands of Chinese workers lost 

20   their lives in the construction of the railroad; 

21   and 

22                "WHEREAS, 12,000 hard-working 

23   Chinese men were tasked with the backbreaking  

24   challenge of clearing a path through the Sierra 

25   Nevada mountain ranges; and 


                                                               2583

 1                "WHEREAS, The sacrifices and 

 2   laborious efforts made by the steady Chinese  

 3   workers facilitated rapid economic growth, and 

 4   forever enriched American culture with their 

 5   values of hard work and their vibrant culture; 

 6   and 

 7                "WHEREAS, The Transcontinental  

 8   Railway marks a pivotal moment in American 

 9   history, revolutionizing trade and travel; goods 

10   could move across the country faster than ever 

11   before, and expectedly, the increase in trade 

12   facilitated economic growth; and 

13                "WHEREAS, Even though the majority 

14   of the work was done by Chinese laborers, their 

15   contributions have gone largely unrecognized in 

16   American history; these steadfast men took on the 

17   most dangerous jobs in the face of tremendous 

18   prejudice, and epitomized mental fortitude and 

19   what it means to be courageous; and 

20                "WHEREAS, It is the intent of this 

21   Legislative Body to commemorate those events of 

22   historical significance which add strength, vigor 

23   and inspiration to the cultural diversity and 

24   quality of life in the communities of the State 

25   of New York; and 


                                                               2584

 1                "WHEREAS, It is the sense of this 

 2   Legislative Body, in keeping with its 

 3   time-honored traditions, to recognize and pay 

 4   tribute to those individuals who foster ethnic 

 5   pride and enhance the profile of cultural 

 6   diversity which strengthens the fabric of the 

 7   communities of New York State; now, therefore, be 

 8   it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to commemorate  

11   the 150th anniversary of the employment of large 

12   numbers of Chinese laborers on the construction 

13   of the Central Pacific portion of the 

14   Transcontinental Railroad; and be it further 

15                "RESOLVED, That a copy of this 

16   resolution, suitably engrossed, be transmitted to 

17   the Asian Pacific Islander American Public 

18   Affairs Association."

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Stavisky.

21                SENATOR STAVISKY:   Thank you, 

22   Mr. President.

23                First, da jia hao.  Huan ying lai 

24   dao Albany.  Which means hello and welcome to 

25   Albany.


                                                               2585

 1                First let me thank Senator Díaz for 

 2   introducing these two resolutions, and 

 3   particularly his chief of staff, who is sitting 

 4   in the back, Ann Noonan.  They have done a 

 5   terrific job in terms of the relationship with 

 6   the Republic of China, and we appreciate their 

 7   work.

 8                And welcome, Ambassador Lily 

 9   L.W. Hsu.

10                (Applause.)

11                SENATOR STAVISKY:   She is the 

12   director general of the Taipei Economic and 

13   Cultural Office, known as TECO.  

14                Interestingly, she is the first 

15   woman appointed as director general of TECO.  And 

16   at the same time, Taiwan, the Republic of China, 

17   has elected its first woman as president of the 

18   country, Tsai Ing-wen.  And I know our friends on 

19   the other side of the aisle will be delighted to 

20   know that the president has a master's degree 

21   from that institution in Central New York, 

22   Cornell.  

23                We also welcome to the chamber the 

24   Venerable Abbess.

25                (Applause.)


                                                               2586

 1                SENATOR STAVISKY:   We welcome 

 2   Franklin F.Y. Chen, the deputy director general 

 3   of TECO; Ronnie Lu, who is the political affairs 

 4   officer at TECO.  

 5                We also welcome Michelle Wang, who 

 6   is the president of the Asian Pacific Islander 

 7   American Public Affairs Association.

 8                (Applause.)

 9                SENATOR STAVISKY:   And with her on 

10   the floor is the vice chairman, Pao Ming Wang, 

11   and the honorary president, Kai Yue Li.

12                (Applause.)

13                SENATOR STAVISKY:   And in the 

14   gallery we have our friends from Buddha's Light 

15   International, from the New York City chapter.  

16                (Applause.)

17                SENATOR STAVISKY:   I met with you a 

18   couple of weeks ago at Flushing High School when 

19   you had an event there.  

20                We welcome our friends from the 

21   Taiwan Center Senior Center, the Chinese Chamber 

22   of Commerce of New York, and the Taiwan community 

23   here in Albany.  

24                Very, very briefly, Mr. President, 

25   let me just say that the United States and the 


                                                               2587

 1   Republic of China has a very, very close 

 2   relationship.  It's a friendship based on 

 3   democratic values, of concerns for both 

 4   countries, whether it be economic trade, 

 5   development, climate change.  

 6                We were helpful and I remember 

 7   writing a letter in 2009 for the World Health 

 8   Organization membership for the Republic of 

 9   China.  

10                And it's a friendship that's also 

11   based on trust and on cooperation.  It's 

12   interesting that the businesses in China, for the 

13   most part, are small and medium-size, as they are 

14   in the United States.  And yet we have large 

15   companies that are starting to grow, such as 

16   Foxconn and Quanta Computer, and they are making 

17   products for our Apple computers and our Hewlett 

18   Packards and Dell computers.  And they have 

19   invested in New York, which is certainly an 

20   example of economic cooperation.  

21                Lastly, let me just say that the 

22   literacy rate in Taiwan is 97 percent.  And that 

23   is something that we should look to and 

24   congratulate the Republic of China.  

25                And nowhere is this more apparent 


                                                               2588

 1   than in Queens County, where a number of us are 

 2   proud to represent.  Whether it be the cranes 

 3   that you see on the street or the scaffolding 

 4   covering the buildings or the cars honking their 

 5   horns, this is where development is occurring, 

 6   this is where we have tremendous economic 

 7   growth -- sometimes a little chaotic, but 

 8   nevertheless, we respect the Chinese 

 9   businesspeople who have come and made their home 

10   and made their lives in Queens, and they have 

11   contributed immeasurably to not just the economy 

12   but to our social structure.  They hold elective 

13   office.  They are an amazing part of my Senate 

14   district.  And I say it many times, I'm so proud 

15   to represent so many people from the Asian 

16   community.  

17                As far as the Transcontinental 

18   Railroad is concerned -- because we're talking 

19   about the resolutions together -- there are many 

20   parallels with what happened to the Chinese 

21   community in the 1860s and the American community 

22   with slavery.  People came, 12,000 Chinese people 

23   came to the United States, many of them 

24   originally to work in silver and gold mining in 

25   California.  


                                                               2589

 1                And then when they started 

 2   construction of the Transcontinental Railroad in 

 3   1863, they started in Sacramento with the Central 

 4   Pacific, and the Union Pacific started in Omaha, 

 5   and they were going to meet in Utah.  But it was 

 6   the Central Pacific Railroad that hired so 

 7   many -- or conscripted, almost, so many people 

 8   from China -- 12,000 people.  

 9                And they faced tremendous, 

10   tremendous difficulties.  Whether it be blasting 

11   through the granite of the Sierra Nevada 

12   Mountains, the avalanches, the snowdrifts, the 

13   accidents that occurred, it was a very difficult 

14   situation.  Many people were killed and many more 

15   were injured.  

16                But the tunneling through the 

17   mountains and everything else came together on 

18   May 10, 1869, when the two railroads met and we 

19   had a transcontinental railroad.  

20                I was proud to visit the exhibit of 

21   the Transcontinental Railroad in Queens at TECO's 

22   Flushing office.  It was put together by the 

23   Asian Pacific Islanders group, APAPA, I believe 

24   it is called.  And there's an exhibit in the 

25   Albany Room for us to look at after session.  And 


                                                               2590

 1   I suggest that this would be a very interesting 

 2   exhibit.  

 3                And I welcome again our friends from 

 4   the Republic of China.  

 5                Thank you, Mr. President.  

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Stavisky.

 8                Senator Hamilton.

 9                SENATOR HAMILTON:   Yes, 

10   Mr. President, I rise to salute the members from 

11   Taiwan and also the Venerable Ru Yang, to you.  

12                And I just want to say that I have a 

13   large Asian population in my district, and my 

14   sister-in-law was born in Taiwan.  And my 

15   sister-in-law says she is the true Taiwanese, 

16   she's the original Taiwanese.  And she works 

17   hard.  She has a strong work ethic, as do all 

18   Taiwanese people, who are the new economic engine 

19   for development in our country.  

20                As you all might not know, that 

21   Taiwan is called one of the four Asian tigers for 

22   development.  Taiwan has the 21st largest economy 

23   in the world.

24                So I just want to thank Ronnie Lu 

25   for coming, my good friend.  But also even 


                                                               2591

 1   special thanks and acknowledgment of the 

 2   ambassador, Lily L.W. Hsu.  

 3                So thank you for coming to Albany.  

 4   It was a long day; thank you for your patience.  

 5   Thank you all.  

 6                Xie xie.  Xie xie.

 7                (Applause.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Espaillat.

10                SENATOR ESPAILLAT:   Thank you, 

11   Mr. President.  

12                I rise also to welcome the 

13   delegation.  It's Ambassador Lily Hsu, first 

14   woman ambassador of the Taipei Economic and 

15   Cultural Office in New York, and to also 

16   congratulate you for the fine photo exhibit that 

17   we have, the APAPA photo exhibit.  That was very 

18   nice for you to bring that up here to share those 

19   photos with us, and we want to continue to have a 

20   good relationship with the Taiwanese community 

21   across the State of New York.

22                Welcome to Albany.

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Espaillat.


                                                               2592

 1                The question is on the resolution. 

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GRIFFO:   Opposed?  

 5                (No response.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   resolution is adopted.

 8                So Resolution 4799 and Resolution 

 9   4800 are both adopted, and both are open for 

10   cosponsorship.  Should you choose not to be a 

11   cosponsor, please notify the desk.  

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Yes, 

14   returning to motions and resolutions, 

15   Mr. President, on page 22 I offer the following 

16   amendments to Senator Lanza's bill, Calendar 

17   Number 536, Senate Print 6931B, and ask that said 

18   bill retain its place on Third Reading Calendar.

19                ACTING PRESIDENT GRIFFO:   The 

20   amendments are received, and the bill shall 

21   retain its place on third reading.

22                Senator Serrano.

23                SENATOR SERRANO:   Thank you, 

24   Mr. President.  

25                I move that the following bill be 


                                                               2593

 1   discharged from its respective committee and be 

 2   recommitted with instructions to strike the 

 3   enacting clause.  And that's Senate Bill Number 

 4   7849, by Senator Peralta.

 5                ACTING PRESIDENT GRIFFO:   It is so 

 6   ordered.

 7                SENATOR SERRANO:   Thank you.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes.  Can we 

11   now take up Senate Resolution 3240, by Senator 

12   Persaud, and please read it in its entirety.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 3240, by Senator Persaud, 

17   commemorating the 50th Anniversary of the 

18   Independence of Guyana.  

19                "WHEREAS, It is the sense of this 

20   Legislative Body to recognize and pay just 

21   tribute to the cultural heritage of the ethnic 

22   groups which comprise and contribute to the 

23   richness and diversity of the community of the 

24   State of New York; and 

25                "WHEREAS, Attendant to such concern,  


                                                               2594

 1   and in full accord with its long-standing 

 2   traditions, this Legislative Body is justly proud 

 3   to commemorate the 50th Anniversary of the 

 4   Independence of Guyana; and 

 5                "WHEREAS, The people of this great 

 6   state, nation and Guyana enjoy a deep and abiding 

 7   relationship rooted in kinship and culture; and 

 8                "WHEREAS, Independence Day is a 

 9   significant public holiday in Guyana; it is 

10   celebrated on May 26th every year, and it is the 

11   day when the country attained its independence in 

12   1966, when British dominion over Guyana ended; 

13   and 

14                "WHEREAS, Guyana, officially the 

15   Cooperative Republic of Guyana, is a sovereign 

16   state on the Caribbean coast of South America; 

17   although Guyana is part of the Anglophone 

18   Caribbean, it is one of the few Caribbean 

19   countries that are part of South America; and 

20                "WHEREAS, The European voyagers 

21   discovered Guyana in 1498; as a result, the 

22   history of the country dates back to over 

23   500 years; its history is interrupted by combats 

24   wrestled and triumphed, through properties lost 

25   and recovered since the French, Spanish, Dutch 


                                                               2595

 1   and British settlers battled for hundreds of 

 2   years to occupy this territory; and 

 3                "WHEREAS, The British Empire 

 4   ultimately was able to take control of Guyana in 

 5   1814; the country attained its well-deserved 

 6   independence from the British rulers on May 26, 

 7   1966; and 

 8                "WHEREAS, In gaining her 

 9   independence, Guyana today is a nation of 

10   800,000 people that is the only English-speaking 

11   nation in South America; its citizens trace their 

12   roots across the Caribbean and India; and 

13                "WHEREAS, Historically, the region 

14   known as Guiana or Guyana comprised the large 

15   shield landmass north of the Amazon River and  

16   east of the Orinoco River known as the Land of 

17   Many Waters; and 

18                "WHEREAS, More than 80 percent of 

19   Guyana is still covered by forests, ranging from 

20   dry evergreen and seasonal forests to montane  

21   and lowland evergreen rainforests; these forests 

22   are home to more than a thousand species of 

23   trees; and 

24                "WHEREAS, Guyana's tropical climate, 

25   unique geology, and relatively pristine 


                                                               2596

 1   ecosystems support extensive areas of 

 2   species-rich rainforests and natural habitats 

 3   with high levels of endemism; approximately  

 4   8,000 species of plants occur in Guyana, half of 

 5   which are found nowhere else; and 

 6                "WHEREAS, Guyana has one of the 

 7   highest levels of biodiversity in the world, and 

 8   with 1,168 vertebrate species and 814 bird 

 9   species, boasts one of the richest mammalian 

10   fauna assemblages of any comparably sized area in 

11   the world; and 

12                "WHEREAS, The Guyana Shield region 

13   is little known and extremely rich biologically; 

14   unlike other areas of South America, over 

15   70 percent of the natural habitat remains 

16   pristine; and 

17                "WHEREAS, Some notable landmarks to 

18   be found in Guyana include:  Kaieteur Falls, the 

19   world's largest single-drop waterfall by volume, 

20   and St. George's Anglican Cathedral, one of the 

21   tallest wooden church structures in the world and 

22   the second tallest wooden house of worship after 

23   the Todaiji Temple in Japan; and 

24                "WHEREAS, Currently, approximately 

25   140,000 Guyanese immigrants live in New York 


                                                               2597

 1   City, making them the fifth-largest foreign-born  

 2   population in the city; and 

 3                "WHEREAS, Many Afro-Guyanese 

 4   immigrants have settled among other 

 5   Afro-Caribbean immigrants in places like Canarsie 

 6   and Flatbush in Brooklyn; Guyanese of South Asian 

 7   descent are concentrated in large numbers in 

 8   Richmond Hill and neighboring Ozone Park; and 

 9                "WHEREAS, The 50th Anniversary of 

10   Guyana's Independence provides an opportunity to 

11   recognize the significance of their contributions 

12   to the quality and character of life, and, 

13   through events and activities, for all people to 

14   gain a greater appreciation of Guyanese history 

15   and traditions, and of the role Guyanese have 

16   played, and will continue to play, in our 

17   society; and 

18                "WHEREAS, This Legislative Body is 

19   pleased to have this opportunity to recognize 

20   such events of significance which foster ethnic  

21   pride and exemplify the cultural diversity that 

22   represents and strengthens the fabric of the 

23   people and the State of New York; now, therefore, 

24   be it 

25                "RESOLVED, That this Legislative 


                                                               2598

 1   Body pause in its deliberations to commemorate 

 2   the 50th Anniversary of the Independence of 

 3   Guyana."

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Persaud.

 6                SENATOR PERSAUD:   Thank you, 

 7   Mr. President.

 8                (Applause from gallery.)

 9                SENATOR PERSAUD:   Today I am a 

10   proud person standing here.  Guyana is 

11   considered -- I'll read you something that 

12   describes this country.  It says:  "At the point 

13   where the Caribbean meets South America, on the 

14   North Atlantic seaboard lies an almost unknown 

15   but incredibly wonderful land of unspoilt beauty, 

16   where virgin rainforest leads to the Amazon 

17   Basin, where the jungle is still unexplored, 

18   rivers uncharted, and mountains yet to be 

19   climbed."

20                That country is Guyana, the only 

21   English-speaking South American country.  

22                Guyana will be celebrating its 

23   50th anniversary of independence from the 

24   British.  Guyana is a sovereign state.  It's 

25   located, as we said, on the northeastern coast of 


                                                               2599

 1   South America.  Too often when we say we are from 

 2   Guyana, people think we're saying Ghana.  And we 

 3   say Ghana is West Africa; Guyana is South 

 4   America.  

 5                People from Guyana are called 

 6   Guyanese.  Years ago there was an article written 

 7   in the New York Times and they wrote and they 

 8   mentioned that the people from Guyana were called 

 9   Guyananians.  So I wrote to the New York Times to 

10   correct them.  People from Guyana are called 

11   Guyanese.  We're proud of letting people know 

12   this.

13                Today we have with us members of the 

14   Guyanese community.  They're led by Ms. Pat 

15   Jordon-Langford.  They're on both sides.  And 

16   they are here representing many of the Guyanese.  

17   Many of them are heading to Guyana to celebrate 

18   this 50th anniversary.  

19                Whether they're coming from Queens 

20   or whether they're coming from Brooklyn or 

21   Schenectady, Guyanese will be sailing to Guyana 

22   to celebrate.

23                Guyanese are hardworking people.  

24   Across New York and throughout the United States, 

25   we are in various positions.  Right here in 


                                                               2600

 1   Albany -- when I came to Albany as an 

 2   Assemblymember, I was the first Guyanese elected 

 3   to statewide office in New York State.

 4                In our chamber here, our counsel on 

 5   the Democratic side, Shontell Smith, is of 

 6   Guyanese heritage.  On the Assembly side, the 

 7   director of budgeting is a Guyanese.  We have a 

 8   city council member in Schenectady.  We have the 

 9   comptroller of Mount Vernon, Guyanese.  So we are 

10   people -- we are a proud people.  We are a 

11   progressive people.  And so we celebrate our 

12   heritage.  

13                And so I thank my colleagues for 

14   acknowledging us as Guyanese.  And as we 

15   celebrate our 50th anniversary, we are still a 

16   young country, but there's lots ahead of us.  And 

17   so, Mr. President, I thank you for allowing us 

18   this opportunity to let everyone know who we are 

19   as Guyanese and to welcome my fellow Guyanese who 

20   are here today.

21                Thank you, everyone.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Persaud.

24                (Applause from gallery.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2601

 1   Sanders.  

 2                SENATOR SANDERS:   Mr. President, I 

 3   want to thank our Guyanese Senator for allowing 

 4   us the opportunity to salute such an industrious 

 5   population.

 6                I represent arguably the largest 

 7   Guyanese population outside of Guyana.  I 

 8   represent Richmond Hill.  And it's an amazing 

 9   place.  

10                Let me tell you one thing about this 

11   incredible group of people.  They took a major 

12   street called Liberty Avenue -- and how fitting 

13   it's called Liberty.  It was ramshackle, it had 

14   really fallen down, it was through.  It was 

15   typical New York City at that period where it was 

16   down in the dumps.  They took this street and 

17   they made an incredible entrepreneurial miracle 

18   out of this street.  It's one that you should 

19   come and see.  Whatever you want to purchase, you 

20   can purchase it there.  And the people who 

21   basically did it stem from that incredible 

22   island -- I'm sorry -- already, already I'm 

23   making the error that so many people make -- the 

24   incredible country of Guyana.

25                So having said that, before I mess 


                                                               2602

 1   up anymore, Mr. President, I will take my seat.  

 2   Thank you very much.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Sanders.

 5                SENATOR SANDERS:   And 

 6   congratulations for the 50th anniversary.

 7                (Applause from gallery.)  

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Farley.  

10                SENATOR FARLEY:   I just want to pay 

11   tribute to the Guyanese people.  

12                You know, I do represent 

13   Schenectady, which has a very large Guyanese 

14   community, and they are truly the hardest-working 

15   people that I've ever seen.  They are in all 

16   facets.  As they came to Schenectady, they came 

17   with very little.  They have been a huge success 

18   and an asset to our community and, as I said, one 

19   of the hardest-working community people that I've 

20   ever seen.

21                They're a fantastic community.  We 

22   welcome them to the United States, and we're 

23   lucky to have them.

24                Thank you very much, Mr. President.

25                (Applause from gallery.)  


                                                               2603

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hamilton, did you want to speak?

 3                SENATOR HAMILTON:   I just want to 

 4   thank Senator Persaud for acknowledging the 

 5   fiftieth year of independence for Guyana and the 

 6   Guyanese people.  

 7                I was fortunate this year to visit 

 8   the country of Guyana.  It's a rich country of 

 9   diverse people.  It's a tropical forest.  And the 

10   people there are hardworking.  I have many 

11   Guyanese business owners in my community.  Some 

12   sell gold.  But they're very industrious as far 

13   as having a close-knit community that's 

14   business-orientated.  

15                So I want to thank you for coming 

16   here today.  I know it was a long time you had to 

17   wait for this to happen, but I believe we always 

18   save the best for last.  

19                So God bless Guyana, and God 

20   continue to bless the Guyanese people.  

21                Thank you.

22                (Applause from gallery.)

23                ACTING PRESIDENT GRIFFO:   The 

24   question is on the resolution.  All in favor 

25   signify by saying aye.


                                                               2604

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   resolution is adopted.

 6                We welcome our delegation, the 

 7   Guyanese delegation and community here today, and 

 8   congratulations on the celebration.

 9                (Applause.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   Would you 

13   open that up for cosponsorship, please.

14                ACTING PRESIDENT GRIFFO:   The reso 

15   is open for cosponsorship.  Should you choose not 

16   to be a cosponsor, please notify the desk.  

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:  We next have a 

19   privileged resolution by Senator Flanagan.  If we 

20   could please call it up and read the title only 

21   and call on Senator Flanagan.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   resolution by Senator Flanagan, congratulating 


                                                               2605

 1   Mr. and Mrs. Joseph Griffo upon the occasion of 

 2   celebrating their 70th Wedding Anniversary.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Flanagan.

 5                SENATOR FLANAGAN:   Mr. President.  

 6   To my colleagues, today is an auspicious day in 

 7   so many different ways.  We celebrate 

 8   independence, we celebrate various aspects of 

 9   life.  

10                So I rise today on behalf of the 

11   Senate and on behalf of our friend and colleague 

12   Senator Joe Griffo, to recognize, my goodness, a 

13   milestone in any country, in any state, in any 

14   venue.  His parents have been happily married for 

15   70 -- and I repeat, 70 -- years.  

16                Senator Griffo had a lovely family 

17   event, came back to our conference and showed 

18   pictures of his parents to everyone in the room.  

19   And if you told me that they were in their early 

20   60s, I think everyone would have believed it.  

21                So they've had a good, blessed 

22   married life.  And Joe, congratulations to you 

23   and to your mom and dad.  We just thought it was 

24   proper and appropriate to honor them.  

25                (Applause.)


                                                               2606

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you.

 3                Senator DeFrancisco.  

 4                SENATOR DeFRANCISCO:   Yes, I just 

 5   wanted to explain, on that resolution, the real 

 6   reason they're still around, happily married, 

 7   they're waiting until you make something out of 

 8   yourself, Senator Griffo.

 9                (Laughter.)

10                ACTING PRESIDENT GRIFFO:   I thank 

11   Senator Flanagan for his kind comments and 

12   Senator DeFrancisco for your insight.  

13                (Laughter.)

14                ACTING PRESIDENT GRIFFO:   I'm truly 

15   blessed.  

16                The question is on the resolution. 

17   All in favor say aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   resolution is adopted.  Thank you very much.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   And it's up 

25   for cosponsorship if you choose.


                                                               2607

 1                ACTING PRESIDENT GRIFFO:   The reso 

 2   is open for cosponsorship.  Please notify the 

 3   desk if you choose not to cosponsor.

 4                SENATOR DeFRANCISCO:   Could we now 

 5   call up the final resolution, 5570, by Senator 

 6   Hassell-Thompson.  And you want it in entirety?  

 7                SENATOR HASSELL-THOMPSON:   I did 

 8   want it read in entirety, but because you asked 

 9   so kindly, I will accept the title.  But I'd like 

10   the opportunity to just speak on the resolution.

11                SENATOR DeFRANCISCO:   Absolutely.  

12   Absolutely.  Title only, thank you.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 5570, by Senator 

17   Hassell-Thompson, celebrating the life and 

18   distinguished career of retired New York State 

19   Supreme Court Judge Harold L. Wood.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Hassell-Thompson.

22                SENATOR HASSELL-THOMPSON:   Thank 

23   you, Mr. President.  

24                I rise to speak on this resolution 

25   because he was a very important person not only 


                                                               2608

 1   to me but to the Mount Vernon community and 

 2   certainly to Westchester County.  He was one of 

 3   the first African-Americans to ever be selected 

 4   to be a Supreme Court judge from that district.  

 5   He was an alderman at the time before we had 

 6   county legislators in the County of Westchester, 

 7   he was the first African-American.  He achieved 

 8   many firsts.  

 9                But more than that, he was a father, 

10   a grandfather, an extraordinary example to our 

11   community and to our young men.  One of the few 

12   regrets that I have in life is that when the 

13   courthouse was built in Mount Vernon, that it was 

14   not named for him as a jurist, because it's one 

15   of the rare opportunities that we get to name 

16   buildings and streets.  But it was also named for 

17   another African-American who became the first 

18   elected mayor of the City of Mount Vernon.

19                So, you know, for all the negative 

20   publicity that my city gets and all the extra 

21   cost of insurance that it costs when you come 

22   from the City of Mount Vernon, we have turned 

23   out, pound for pound, some of the most 

24   extraordinary people, and of which Judge Wood was 

25   one.


                                                               2609

 1                His son has followed in his 

 2   footsteps and is an outstanding attorney but does 

 3   not ever wish to become a judge because he loves 

 4   the -- what do they say, the fight and the twists 

 5   and turns of being a litigator.

 6                But certainly I can't say enough for 

 7   how much we regretted the loss of him and his 

 8   wonderful wife, both of whom were Republicans.  

 9   And to have black Republicans from the County of 

10   Westchester is not as unbelievable as you would 

11   suspect.

12                But certainly he represented his 

13   community and his people so extraordinarily well.  

14   And I thank this body for allowing me the 

15   opportunity to honor him and certainly archivally 

16   to be sure that his family is in receipt of this 

17   resolution.

18                Thank you, Mr. President.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Hassell-Thompson.

21                The question is on the resolution. 

22   All in favor say aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?  

25                (No response.)


                                                               2610

 1                ACTING PRESIDENT GRIFFO:   The 

 2   resolution is adopted.  

 3                And the resolution is open for 

 4   cosponsorship.  Should you choose not to be a 

 5   cosponsor, please notify the desk.  

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Could you now 

 8   take up the noncontroversial reading of the 

 9   calendar quickly.

10                (Laughter.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 79, 

14   by Senator Hannon, Senate Print 4348A, an act to 

15   amend the Public Health Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect one year after it shall 

20   have become a law.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2611

 1   is passed.

 2                THE SECRETARY:   Calendar Number 83, 

 3   by Senator Hannon, Senate Print 6091B, an act to 

 4   amend the Public Health Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 180th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 54.  Nays, 4.  

13   Senators Krueger, Persaud, Rivera and Sanders 

14   recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   289, by Senator Lanza, Senate Print 3326, an act 

19   to amend the New York City Health and Hospitals 

20   Corporation Act.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               2612

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Savino to explain her vote.  

 5                SENATOR SAVINO:   Thank you, 

 6   Mr. President.  

 7                I notice that this is a bill that we 

 8   have passed several years now.  In fact, before 

 9   Senator Lanza sponsored it, it was sponsored by 

10   Senator Marchi.  It represents a long-standing 

11   inequity to the people of the County of Richmond, 

12   the Borough of Staten Island, in which we do not 

13   have a brick-and-mortar facility run by the HHC.  

14                You'll notice, though, this year the 

15   City of New York did not submit a memo in 

16   opposition to it, because they are in fact 

17   planning on spending upwards of $40 million 

18   helping us achieve an acute-care emergency room 

19   on Staten Island, either through our existing 

20   system or building a new facility.  

21                So perhaps you might want to think 

22   twice about voting no against it, because they 

23   recognize finally that they owe us what we help 

24   pay for, which is a health and hospital system 

25   that's supposed to serve all of the constituents 


                                                               2613

 1   of the City of New York, not just the people on 

 2   the other side of the Verrazano Bridge.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Savino to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 289, those recorded in the negative are 

 9   Senators Comrie, Dilan, Espaillat, Hamilton, 

10   Hassell-Thompson, Kaminsky, Krueger, Latimer, 

11   Montgomery, Panepinto, Parker, Peralta, Perkins, 

12   Rivera and Stavisky.  Also Senator Gianaris.  

13   Also Senator Sanders.  Also Senator Serrano.

14                Ayes, 40.  Nays, 18.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   354, by Senator Amedore, Senate Print 4163, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2614

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Hamilton to explain his vote.

 4                SENATOR HAMILTON:   I wanted to have 

 5   the sponsor yield to a question.

 6                ACTING PRESIDENT GRIFFO:   We're on 

 7   a fast roll call.  

 8                SENATOR HAMILTON:   I'll just 

 9   explain my vote.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Hamilton to explain his vote.

12                SENATOR HAMILTON:   I want to 

13   explain my vote.

14                I just want to say that we do have a 

15   drug problem in New York now, but we've had a 

16   drug problem in my community for over half a 

17   century and no one seemed to care at that point 

18   in time.

19                Now that the epidemic has risen to 

20   other parts of New York State, I see more and 

21   more legislation that is criminalizing or keeping 

22   people in prison for a prolonged period of time.  

23   I just can't vote on something that establishes 

24   the crime of homicide for the sale of an opiate 

25   controlled substance.  I know people do die from 


                                                               2615

 1   overdoses, but more people die from smoking 

 2   cigarettes.  And I don't see us trying to say 

 3   that the tobacco company is liable for murder for 

 4   killing more people than anyone else.

 5                So I'm voting no on this.  I think 

 6   this has gone beyond the call of trying to stop 

 7   the drug epidemic.  I wish we would go more to 

 8   having substance abuse programs for the young 

 9   people who are doing drugs, to offer them the 

10   opportunity to get help.

11                By putting people in jail for 

12   homicide for selling drugs is not going to stop 

13   the sale of drugs.  But we need to have more 

14   prevention for people from taking drugs.  

15                Thank you.  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Hamilton to be recorded in the negative.  

18                Senator Amedore to explain his vote.

19                SENATOR AMEDORE:   Thank you, 

20   Mr. President.  I rise to explain my vote.

21                You know, this is an important day 

22   today.  We announced our Senate Heroin and Opiate 

23   Task Force, and we have blueprint recommendations 

24   as well as some great initiatives.  

25                But we also have with us today, up 


                                                               2616

 1   in the gallery, a mom, a mom who we all know in 

 2   the Senate chambers -- she's no stranger -- Patty 

 3   Farrell, who was a Senate employee at one time, 

 4   with being part of the sergeants-at-arms.  

 5                And she discovered one day, when her 

 6   daughter Laree told her that she was addicted to 

 7   heroin at the age of 16, trying to go through, 

 8   find her help.  And as she went through treatment 

 9   and as she went through various services and 

10   having to try to get off of the heroin problem, 

11   she did everything she could to then realize one 

12   day, about five months later, she called upstairs 

13   to Laree and there was no response.  

14                She went upstairs in her room and 

15   she found that Laree was not breathing.  She was 

16   actually dead.  She OD'd.  She overdosed on 

17   heroin that was laced with other synthetic drugs, 

18   poisons.  

19                This bill is not about just 

20   prevention.  And yes, there are people who die of 

21   cigarettes and nicotine addiction.  But this is 

22   about individuals who are in the business of 

23   making boatloads of money at the expense of 

24   lives, innocent lives that no one ever thought 

25   they would be addicted to an opiate drug because 


                                                               2617

 1   maybe they had a twisted, sprained ankle or a 

 2   knee or a shoulder injury on the football or 

 3   soccer or volleyball field.

 4                But opiates are a huge problem in 

 5   the State of New York.  And we have individuals 

 6   in our communities who are abusing just that.  

 7   And when they can lace and cut opiate drugs and 

 8   then sell them on the street and then an innocent 

 9   person like Laree overdoses because of the lethal 

10   potency of heroin, I think it is time that we go 

11   after the high-level, mid-level drug dealers, 

12   pushers on the streets, no matter what district 

13   they live in in this State of New York.  Because 

14   it is a matter of them going beyond what the 

15   opiate is supposed to be used for, and they're 

16   killing innocent lives.  And there's a signature 

17   with their formula.

18                So we have a due process in the 

19   court of law.  Let it play out.  And I believe 

20   that not just for Patty Farrell, but for all the 

21   other moms, dads, and individuals who are 

22   struggling with this problem in the State of 

23   New York and they find their child who OD'd, that 

24   it's time we go after the drug traffickers who 

25   are putting the lethal potent heroin on the 


                                                               2618

 1   streets and we go after them hard and they pay 

 2   the price.

 3                So with that, Mr. President, I vote 

 4   aye.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Amedore to be recorded in the affirmative.

 7                Senator Krueger to explain her vote.

 8                SENATOR KRUEGER:   Thank you, 

 9   Mr. President.  I rise to explain why I vote no 

10   on this bill.

11                I've listened to Senator Amedore.  

12   My heart goes out to mothers like the one with us 

13   today who lose their children, the fathers who 

14   lose their children.

15                I would point out that the way this 

16   bill is written, it's not a bill just about 

17   kingpin drug dealers or even drug dealers at all.   

18   Under this bill, if it became law, two 

19   17-year-olds can be trading, sharing drugs that 

20   one of them stole from their parent's bathroom.  

21   And we don't want children stealing their 

22   parents' drugs, but we know that they are.  We 

23   know that's a very common reality for the 

24   beginning of opioid addiction that may quickly 

25   lead into heroin addiction.  


                                                               2619

 1                But in this bill, even if you don't 

 2   sell the drug, even if you're both children and 

 3   one gives it to the other and one dies, the one 

 4   who doesn't die ends up, under this law, as being 

 5   categorized as a Class A-1 felon designated as 

 6   murder.

 7                Now, it's a tragedy.  Someone died.  

 8   But I actually don't think it's the right answer.  

 9   And it's inconsistent with many of the other 

10   bills that this house is putting before us 

11   today -- it's inconsistent with the findings of 

12   the task force -- that you would treat someone 

13   who was the user of a drug as the criminal and 

14   the recognition that sometimes two young people 

15   are doing something stupid and one of them may be 

16   guilty of giving something to the other or even 

17   selling it to the other, and the other one dies.  

18                But I don't think there's an A-1 

19   felony aggravated murder in those stories, and I 

20   cannot vote yes on this bill.  I vote no.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Krueger to be recorded in the negative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               2620

 1   Calendar 354, those recorded in the negative are 

 2   Senators Comrie, Dilan, Hamilton, 

 3   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

 4   Parker, Perkins, Persaud, Rivera, Sanders and 

 5   Squadron.

 6                Ayes, 45.  Nays, 13.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   355, by Senator Murphy, Senate Print 4177, an act 

11   to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT GRIFFO:   Announce 

20   the results.

21                THE SECRETARY:   In relation to 

22   Calendar 355, those recorded in the negative are 

23   Senators Comrie, Dilan, Hamilton, 

24   Hassell-Thompson, Krueger, Montgomery, Parker, 

25   Perkins, Persaud, Rivera, Sanders, Serrano and 


                                                               2621

 1   Squadron.  Also Senator Hoylman.

 2                Ayes, 44.  Nays, 14.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   449, by Senator Boyle, Senate Print 100, an act 

 7   to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 449, those recorded in the negative are 

19   Senators Comrie, Dilan, Hassell-Thompson, 

20   Hoylman, Krueger, Montgomery, Parker, Perkins, 

21   Sanders, Serrano and Squadron.  Also Senator 

22   Persaud.  

23                Ayes, 46.  Nays, 12.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2622

 1                THE SECRETARY:   Calendar Number 

 2   458, by Senator Boyle, Senate Print 615, an act 

 3   to amend the Criminal Procedure Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 458, those recorded in the negative are 

13   Senators Comrie, Dilan, Hoylman, Krueger, 

14   Montgomery, Parker, Perkins, Rivera and Squadron.  

15                Ayes, 49.  Nays, 9.  

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   512, by Senator Ranzenhofer, Senate Print 3600, 

20   an act to amend the Alcoholic Beverage Control 

21   Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2623

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 512, those recorded in the negative are 

 8   Senators Comrie, Gianaris, Hamilton, 

 9   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

10   Parker, Perkins, Persaud, Rivera, Sanders and 

11   Squadron.

12                Ayes, 45.  Nays, 13.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   567, by Senator Ritchie, Senate Print 6610, an 

17   act to amend the Soil and Water Conservation 

18   Districts Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2624

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   579, by Senator Young, Senate Print 2277A, an act 

 6   to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar 579, those recorded in the negative are 

18   Senators Comrie, Espaillat, Hoylman, Krueger, 

19   Perkins, Rivera, Sanders, Serrano and Squadron.

20                Ayes, 49.  Nays, 9.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   636, by Senator Croci, Senate Print 3989A, an act 

25   to amend the Mental Hygiene Law.


                                                               2625

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   638, by Senator Murphy, Senate Print 6874A, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   Ayes, 57.  Nays, 1.  

24   Senator Hamilton recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2626

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   639, by Senator Amedore, Senate Print 7301, an 

 4   act to amend the Mental Hygiene Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   653, by Senator Murphy, Senate Print 5238A, an 

17   act to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect on the 30th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               2627

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   672, by Senator Amedore, Senate Print 6516A, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   707, by Senator Stavisky, Senate Print 3158A, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2628

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   746, by Senator Klein, Senate Print 1521A, an act 

 6   to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   749, by Senator Marcellino, Senate Print 6502, an 

19   act to amend the Education Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2629

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   776, by Senator Carlucci, Senate Print 7276, an 

 7   act to amend the Highway Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   791, by Senator Little, Senate Print 1342, an act 

20   to amend the Real Property Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               2630

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:  Calendar Number 794, 

 7   by Senator Bonacic, Senate Print 7248, an act to 

 8   amend the Real Property Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of January.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   796, substituted earlier by Member of the 

21   Assembly Bronson, Assembly Print 9686, an act to 

22   amend Chapter 363 of the Laws of 2010.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2631

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   798, by Senator Farley, Senate Print 3807, an act 

10   to amend the Education Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of April.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   DeFrancisco to explain his vote.

20                SENATOR DeFRANCISCO:   Yes, I'm 

21   going to vote no.  Not because I don't like 

22   people over 65 -- although it's hard to believe I 

23   am over that age, and I would be able to take 

24   advantage of this.  

25                But we have a higher education 


                                                               2632

 1   system that we don't want to put any pressure 

 2   whatsoever on higher costs for those who have to 

 3   pay and haven't reached our glorious ages at this 

 4   point.  So I'm going to vote no.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco to be recorded in the negative.

 7                Senator Farley to explain his vote.

 8                SENATOR FARLEY:   I just want to let 

 9   you know that a few years ago, every single 

10   member of this house was a sponsor of this bill, 

11   including Senator DeFrancisco.  

12                (Laughter.)

13                SENATOR FARLEY:   And I think it is 

14   a bill that is needed and wanted, and it's on a 

15   space-available basis for the people that built 

16   these universities, and particularly for the 

17   elderly, that can get courses at the university.  

18                I think, as somebody that taught 

19   there for 35 years, I think it's a worthwhile 

20   piece of legislation.

21                SENATOR DeFRANCISCO:   A conflict --

22                SENATOR FARLEY:   And needless to 

23   say -- this guy is incorrigible.

24                (Laughter.)

25                SENATOR FARLEY:   -- I thank every 


                                                               2633

 1   one of my colleagues for voting for the 

 2   legislation.  

 3                Thank you very much, Mr. President.  

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Farley to be recorded in the affirmative.

 6                Senator Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you.  

 8                I am voting for the bill, but I do 

 9   want to agree with Senator Farley:  This guy is 

10   incorrigible.  

11                Thank you, Mr. President.  

12                (Laughter.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Krueger in the affirmative.

15                Announce the results.  

16                THE SECRETARY:   Ayes, 57.  Nays, 1.  

17   Senator DeFrancisco recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   800, by Senator LaValle, Senate Print 4672A, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 19.  This 


                                                               2634

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   840, by Senator Savino, Senate Print 2641, an act 

10   to amend the Penal Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 180th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   842, substituted earlier by Member of the 

23   Assembly Abinanti, Assembly Print 5235B, an act 

24   to direct.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               2635

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Carlucci to explain his vote.

 9                SENATOR CARLUCCI:   Thank you, 

10   Mr. President.  

11                I want to thank my colleagues for 

12   supporting this important legislation.  What this 

13   legislation will do is help to make our rail 

14   crossings in New York State as safe as possible.

15                Unfortunately, last year in 2015, 

16   244 people in this country lost their lives at 

17   rail crossings.  And while the number of 

18   fatalities and accidents has been on a steady 

19   decline in the United States over the past few 

20   decades, unfortunately in New York State we've 

21   been on a steady increase.  

22                So what this legislation will do is 

23   require DOT, the Department of Transportation, to 

24   take an inventory of the 5,304 rail crossings in 

25   New York State.  It seems like an awesome task.  


                                                               2636

 1   However, it's so important because right now, as 

 2   legislators, as leaders in this state, we don't 

 3   have a clear picture of which of these rail 

 4   crossings are the most dangerous.  

 5                Some of them need to be completely 

 6   eliminated.  Others, there's just simple changes 

 7   that could be made to save peoples' lives.  

 8                We need to make this a priority, and 

 9   in doing so we can get the backing of the federal 

10   government that will provide us with resources.  

11                And I just want to read just a brief 

12   quote from Sarah Feinberg, the Federal Railroad 

13   Administrator.  And she said:  "I have made 

14   improving railroad crossing safety a top 

15   priority, because I know that we can and must do 

16   better.  But the Federal Railroad Administration 

17   cannot solve this problem on its own.  Unless we 

18   work closely with state and local officials, we 

19   will have not have the impact we are striving for 

20   and we will not save as many lives.  But working 

21   together, I know we can do more to prevent these 

22   incidents."  

23                That's Sarah Feinberg, the Federal 

24   Railroad Administrator.  She's asking us to come 

25   up with a plan, provide it to the Federal 


                                                               2637

 1   Railroad Administration so that we can have the 

 2   resources to eliminate these deadly rail 

 3   crossings.  

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

 5   the affirmative.  And I commend my colleagues for 

 6   doing the same.  

 7                Thank you, Mr. President.  

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Carlucci to be recorded in the affirmative.  

10                Announce the results.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   843, by Senator Savino, Senate Print 3666, an act 

16   to amend the Penal Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2638

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   844, by Senator Griffo, Senate Print 5478, an act 

 4   to amend Chapter 19 of the Laws of 2014.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Announce 

13   the results.  

14                THE SECRETARY:   In relation to 

15   Calendar 844, those recorded in the negative are 

16   Senators Croci, Gianaris, Hassell-Thompson, 

17   Hoylman and Squadron.  

18                Ayes, 53.  Nays, 5.  

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   846, by Senator Funke, Senate Print 5546A, an act 

23   to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2639

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Hamilton to explain his vote.

 8                SENATOR HAMILTON:   I'm voting yes 

 9   on this bill.  I want to thank Senator Funke for 

10   introducing it.  

11                I think we need to have more 

12   instruction in our junior high schools for mental 

13   health.  And I'm going to introduce a bill that 

14   we even extend it to elementary schools, because 

15   a lot of children do exhibit mental illness in 

16   elementary school.  

17                So I just want to thank the Senator 

18   for sponsoring this bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Hamilton to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2640

 1   847, by Senator Ortt, Senate Print 6248B, an act 

 2   to amend the Mental Hygiene Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Krueger to explain her vote.

12                SENATOR KRUEGER:   Thank you, 

13   Mr. President.

14                I'm voting no on this bill.  You 

15   know, there are parts of it that I certainly can 

16   conceptually agree with.  But the concept of 

17   broadening the possibility of involuntary 

18   movement into a hospital setting is one that we 

19   should be very, very wary of doing because in too 

20   many countries they have, over time, used 

21   hospitals as if they were prisons to lock people 

22   up against their will without due process rights.

23                And even the fact that this bill 

24   would include peace officers having the authority 

25   to pick people up, determine they believe they 


                                                               2641

 1   have a substance problem, and move them into a 

 2   hospital for a potentially involuntary number of 

 3   days -- I don't even think we ought to have as 

 4   many peace officers as we already have in this 

 5   state, as I continue to vote no on endless 

 6   categories of people becoming peace officers.  

 7                It adds to my concern that we would 

 8   pass a law that would somehow give them the 

 9   authority and seeming expertise to determine that 

10   somebody should be involuntarily placed in a 

11   hospital.  

12                And of course the other part that is 

13   just fundamental to this and several other bills 

14   being proposed today is research shows treatment 

15   for substance abuse only works if the person is 

16   ready and willing to participate.  Forcing 

17   treatment against someone's will unfortunately is 

18   a model that has proved to be ineffective.  

19                And we need to make sure people are 

20   getting the treatment they need on demand, but we 

21   need to realize as much as we want them to do 

22   what we think is right for themselves, you can't 

23   dictate or mandate a treatment model that will 

24   work if they're not willing to cooperate.

25                So I will vote no, Mr. President.


                                                               2642

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Krueger to be recorded in the negative.

 3                Senator Ortt to explain his vote.

 4                SENATOR ORTT:   Thank you, 

 5   Mr. President.  I rise in support of this bill 

 6   for the following reasons.

 7                First of all, this bill was crafted 

 8   with absolute consideration for the Constitution 

 9   and for due process.  I fought and defended the 

10   Constitution, as others have in this chamber, and 

11   I know that all my learned colleagues in this 

12   chamber respect the Constitution and certainly 

13   try to honor that in all the legislation we pass.  

14                However, we took great pains to make 

15   sure that due process was considered in this 

16   bill, first and foremost.

17                Secondly, we don't know that 

18   involuntary treatment doesn't work.  What I would 

19   say is that the statistics show that voluntary 

20   treatment is the best, but I will tell you that 

21   the stats of involuntary treatment are better 

22   than the stats on no treatment.

23                So this bill certainly looks at 

24   extreme measures.  For folks -- and we've talked 

25   with numerous parents who have lost loved ones or 


                                                               2643

 1   law enforcement officials who have dealt with 

 2   this epidemic.  And they will tell you, first and 

 3   foremost, many of the people, many of the parents 

 4   will tell you that that child is no longer my 

 5   child, they're not of their right mind when 

 6   they're addicted to opioids and heroin.

 7                And so this bill I think takes a 

 8   look at the existing laws, strengthens them, and 

 9   also addresses law enforcement who are going out 

10   and reviving the same members on Narcan day in 

11   and day out, going to the same addresses week 

12   after week, and allows these individuals to get 

13   into treatment.

14                And so for that reason I vote aye 

15   and I encourage my colleagues to do the same, 

16   Mr. President.  

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Ortt to be recorded in the affirmative.

19                Senator Hamilton to explain his 

20   vote.

21                SENATOR HAMILTON:   Yes, Mr. Chair, 

22   I will be voting in favor of this bill.  

23                The Mental Health Committee, chaired 

24   by Senator Ortt, has been doing a phenomenal job 

25   in getting bills out for people who are addicted 


                                                               2644

 1   to drugs in the mental health community.  

 2                This intervention is needed.  Many 

 3   of our young people are on drugs and their 

 4   minds are altered, and we need to have some type 

 5   of response to make sure that they get 

 6   appropriate care that they need.  

 7                So I just want to thank the Mental 

 8   Health Committee and Senator Ortt for proposing 

 9   this bill.  I'll be voting in the affirmative.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Hamilton to be recorded in the affirmative.  

12                Senator Hassell-Thompson to explain 

13   her vote.

14                SENATOR HASSELL-THOMPSON:   Thank 

15   you.  Thank you, Mr. President.

16                As somebody who's worked for more 

17   than 25 years in the substance abuse community, 

18   I'm a little bit disturbed because I think that 

19   Senator Krueger has articulated one of the major 

20   concerns about getting well from addiction.  

21                Addiction is not about what you 

22   want, it really has to be about what the patient 

23   needs and their wants.  And the successful 

24   models are not predicated on whether you lock 

25   them up or arrest them or you push them into a 


                                                               2645

 1   treatment modality that you think may be suitable 

 2   but they have to be willing.  They have to be 

 3   accepting of the fact that this is a substance 

 4   issue that they have.  And even though you are 

 5   affected by it, it is not your addiction.

 6                And so I think that while it sounds 

 7   good on the surface for us to say that we pick 

 8   them up -- it's just like people who are 

 9   homeless.  You know, when the temperature drops 

10   below 32 degrees, we think it's humane to take 

11   these people to shelters.  But if that's not 

12   their choice and their wish, they're not going to 

13   stay there anyway.  And they're not going to have 

14   the success rate that we want them to have.

15                So I think that there's more thought 

16   that needs to go into these bills.  I do 

17   appreciate the conscientiousness with which you 

18   believe this can happen.  But as somebody who has 

19   had a lot of experience in this community, I have 

20   seen too many failures predicated on forcing 

21   people that are not ready.

22                I will be voting no, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Hassell-Thompson to be recorded in the negative.  

25                Announce the results.


                                                               2646

 1                THE SECRETARY:   In relation to 

 2   Calendar 847, those recorded in the negative are 

 3   Senators Comrie, Dilan, Gianaris, 

 4   Hassell-Thompson, Hoylman, Krueger, Parker, 

 5   Perkins, Rivera, Sanders, Squadron and 

 6   Stewart-Cousins.

 7                Ayes, 46.  Nays, 12.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   848, by Senator DeFrancisco, Senate Print 6317, 

12   an act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco to explain his vote.

22                SENATOR DeFRANCISCO:   This is a 

23   great bill, so I'm voting yes.  

24                But I would like to just point out 

25   that if someone didn't like this bill before and 


                                                               2647

 1   likes it now and wants to change their mind upon 

 2   their growth, that's a good thing.  That's not 

 3   being incorrigible.  And I would encourage people 

 4   to do that.

 5                Thank you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco to be recorded in the affirmative.

 8                I think Senator Krueger left her 

 9   heart with DeFrancisco.

10                (Groans.)

11                ACTING PRESIDENT GRIFFO:   Announce 

12   the results.  

13                THE SECRETARY:   In relation to 

14   Calendar 848, those recorded in the negative are 

15   Senators Dilan, Hassell-Thompson, Hoylman, 

16   Montgomery, Peralta, Perkins, Rivera and 

17   Squadron.  Also Senator Sanders.  

18                Ayes, 49.  Nays, 9.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   849, by Senator Croci, Senate Print 6632A, an act 

23   to amend the Public Health Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2648

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Croci to explain his vote.

 8                SENATOR CROCI:   Thank you, 

 9   Mr. President.

10                First of all, I want to implore the 

11   house to look hard at the vote on this.  The 

12   heroin epidemic is something familiar to all of 

13   us in all of our districts.  But in 2012 and 

14   2013, we started seeing heroin laced with 

15   fentanyl.  

16                For those of you who know anything 

17   about combat medicine, this is what combat medics 

18   carry in the field.  In World War II it was opium 

19   in syrettes, morphine in syrettes, and now it's 

20   fentanyl.  It's very strong, it's very powerful, 

21   and it's very cheap.  So we see a lot of dealers 

22   now mixing fentanyl and heroin.

23                This Senate and this state has done 

24   a really good job with our county health agencies 

25   of working, Mr. President, to distribute Narcan 


                                                               2649

 1   to save lives in our communities.  And I know all 

 2   of us have participated in some sort of Narcan 

 3   training.  Heroin laced with fentanyl is 

 4   resistant to Narcan.  It dilutes the effects of 

 5   Narcan, and it makes it very hard to save that 

 6   life.

 7                I would ask, I would implore this 

 8   house to think very carefully about this 

 9   legislation and join me in a yes vote, because we 

10   can be saving lives with the Narcan training and 

11   the Narcan investment that we made in our 

12   communities.  This is a new twist, and if we 

13   don't get ahead of it we're going to see more 

14   devastation in our communities.

15                Mr. President, I'll be voting aye. 

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Croci to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   851, by Senator Hannon, Senate Print 6962A, an 

24   act to amend the Insurance Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               2650

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.  Nays, 1.  

 8   Senator Hamilton recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   852, by Senator Ortt, Senate Print 7012, an act 

13   to amend the Penal Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 6.  This 

17   act shall take effect on the first of November.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 852, those recorded in the negative are 

25   Senators Dilan, Gianaris, Hassell-Thompson, 


                                                               2651

 1   Hoylman, Krueger, Montgomery, Parker, Perkins, 

 2   Persaud, Rivera and Squadron.

 3                Ayes, 47.  Nays, 11.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.  

 6                THE SECRETARY:   Calendar Number 

 7   854, by Senator Akshar, Senate Print 7200, an act 

 8   to amend the Penal Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of November.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar 854, those recorded in the negative are 

20   Senators Hamilton, Hoylman, Montgomery, Parker, 

21   Perkins, Sanders and Squadron.

22                ACTING PRESIDENT GRIFFO:   Some 

23   order in the house, please.

24                THE SECRETARY:   Ayes, 51.  Nays, 7.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2652

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   855, by Senator Murphy, Senate Print 7315, an act 

 4   to amend the Mental Hygiene Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   856, by Senator Murphy, Senate Print 7317A, an 

17   act to amend the Social Services Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               2653

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Ayes, 57.  Nays, 1.  

 4   Senator Comrie recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is still passed.

 7                THE SECRETARY:   Calendar Number 

 8   857, by Senator Akshar, Senate Print 7365, an act 

 9   to amend the Public Health Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hamilton to explain his vote.

19                SENATOR HAMILTON:   Yes, Mr. Chair, 

20   I rise to vote yes on this bill by Senator 

21   Akshar.  

22                I think it's a step in the right 

23   direction to ask for counseling for patients 

24   before taking the schedule to opioids.  And I 

25   think we should be putting more money into 


                                                               2654

 1   prevention and counseling than incarceration.  

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hamilton to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   858, by Senator Murphy, Senate Print 7397, an act 

11   to amend the Public Health Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   859, by Senator Amedore, Senate Print 7446, an 

24   act to amend the Mental Hygiene Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               2655

 1   last section.

 2                THE SECRETARY:   Section 6.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Hamilton to explain his vote.

 9                SENATOR HAMILTON:   Yes, 

10   Mr. President, I rise to cast my vote in the 

11   affirmative for authorizing the Office of Alcohol 

12   and Substance Abuse Services to provide more 

13   funding.  

14                I think this is a move in the right 

15   direction by Senator Amedore.  We need more 

16   funding for services and prevention rather than 

17   incarceration of people of who are doing drugs.

18                Thank you so much.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Hamilton to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar 859, those recorded in the negative are 

24   Senators Hoylman, Krueger and Perkins.  

25                Ayes, 55.  Nays, 3.


                                                               2656

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   864, by Senator Carlucci, Senate Print 631, an 

 5   act to amend the Mental Hygiene Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 120th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT GRIFFO:   Announce 

14   the results.

15                THE SECRETARY:   In relation to 

16   Calendar 864, those recorded in the negative are 

17   Senators Hoylman, Krueger and Rivera.

18                Ayes, 55.  Nays, 3.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   866, by Senator Gianaris, Senate Print 2484A, an 

23   act to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               2657

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect on the 180th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.  Nays, 1.  

 7   Senator Perkins recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   867, by Senator Parker, Senate Print 2787, an act 

12   to amend the Public Health Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3 --

16                SENATOR SERRANO:   Lay the bill 

17   aside for the day.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is laid aside for the day.

20                THE SECRETARY:   Calendar Number 

21   868, by Senator Parker, Senate Print 3805, an act 

22   to amend the Domestic Relations Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               2658

 1   act shall take effect on the first of November.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Parker to explain his vote.

 7                SENATOR PARKER:   Thank you very 

 8   much, Mr. President.

 9                As many of you know, domestic 

10   violence has been a very, very serious issue in 

11   the State of New York and particularly in my 

12   district.  Oftentimes we are hearing almost daily 

13   of stories of particularly young women who are 

14   killed while having an order of protection in 

15   place.

16                This bill mandates that there's in 

17   fact some jail time if in fact you have repeat 

18   violators.  And so if someone is violating 

19   multiple times an order of protection, that it 

20   mandates some jail time, up to 30 days.  

21                And so we really must do a better 

22   job at protecting our communities and making sure 

23   that people get the right message that domestic 

24   violence is not going to be tolerated in this 

25   state.


                                                               2659

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Parker to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.  

 8                Senator DeFrancisco, that concludes 

 9   the noncontroversial reading of today's 

10   active-list calendar.

11                SENATOR DeFRANCISCO:   Is there any 

12   further business at the desk?  

13                ACTING PRESIDENT GRIFFO:   There is 

14   no further business at the desk.

15                SENATOR DeFRANCISCO:   In that case, 

16   I move to adjourn until Wednesday, May 18th, at 

17   11:00 a.m.

18                ACTING PRESIDENT GRIFFO:   On 

19   motion, the Senate will stand adjourned until 

20   Wednesday, May 18th, at 11:00 a.m.  

21                The Senate stands adjourned.

22                (Whereupon, at 6:36 p.m., the Senate 

23   adjourned.)

24

25