Regular Session - March 11, 2014
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 March 11, 2014
11 4:37 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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25
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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 and
5 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 Reverend Andrew
11 Nunez, Senior Pastor, Believers Mennonite
12 Garifuna Ministries in the Bronx.
13 REVEREND NUNEZ: Praise the Lord.
14 Let us pray.
15 Eternal God, the Creator of this
16 universe, we thank You to bring us here today in
17 one, and in peace and harmony.
18 We thank You, O God, for the Holy
19 Spirit that is in our midst. We ask You, O God,
20 that You help us with the Holy Spirit, to
21 acknowledge His presence among us, and that we
22 will do Your will according to Your wishes.
23 {In Garifuna.}
24 May God bless Your servant and
25 honest people. I say {in Garifuna} amen.
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Reverend, and the Garifuna Ministries.
3 The reading of the Journal.
4 THE SECRETARY: In Senate, Monday,
5 March 10th, the Senate met pursuant to
6 adjournment. The Journal of Sunday, March 9th,
7 was read and approved. On motion, Senate
8 adjourned.
9 ACTING PRESIDENT GRIFFO: Without
10 objection, the Journal stands approved as read.
11 Presentation of petitions.
12 Messages from the Assembly.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports of state
17 officers.
18 Motions and resolutions.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 May we please adopt the Resolution
23 Calendar, with the exception of Resolution
24 Numbers 3807, 3868, 3859 and 3860.
25 ACTING PRESIDENT GRIFFO: All in
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1 favor of adopting the Resolution Calendar, with
2 the exception of Resolutions 3807, 3868, 3859 and
3 3860, indicate by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed.
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The
8 Resolution Calendar is adopted.
9 Senator Libous.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 I believe that Senator Diaz has a
13 resolution, Number 3807, that is at the desk.
14 Could we have it read in its entirety and call on
15 Senator Diaz, and then we'll move for its
16 immediate adoption.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution 3807, by Senator Diaz, memorializing
21 Governor Andrew M. Cuomo to declare March 11,
22 2014, to April 12, 2014, as Garifuna-American
23 Heritage Month in the State of New York.
24 "WHEREAS, It is the sense of this
25 Legislative Body to recognize and pay just
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1 tribute to the cultural heritage of the ethnic
2 groups which comprise and contribute to the
3 richness and diversity of the community of the
4 State of New York; and
5 "WHEREAS, Attendant to such concern,
6 and in keeping with its time-honored traditions,
7 it is the intent of this Legislative Body to
8 applaud and commemorate events which foster
9 ethnic pride and exemplify the cultural diversity
10 that represents and strengthens the spirit of the
11 people and the State of New York; and
12 "WHEREAS, This Legislative Body is
13 justly proud to memorialize Governor Andrew M.
14 Cuomo to declare March 11, 2014, to April 12,
15 2014, as Garifuna-American Heritage Month in the
16 State of New York; and
17 "WHEREAS, Garifuna-American
18 Heritage Month celebrates the great contributions
19 of Garifuna-Americans to the fabric of New York,
20 and pays tribute to the common culture and bonds
21 of friendship that united the United States and
22 the Garifuna countries; and
23 "WHEREAS, Garifuna-American Heritage
24 Month affirms the culture, identity and
25 self-esteem of a people; it celebrates a rich
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1 heritage and illuminates Garifuna history and
2 tradition, as well as the spirit of an
3 indomitable people; and
4 "WHEREAS, In 1665, two Spanish ships
5 wrecked off the coast of Saint Vincent; and
6 "WHEREAS, The West African slaves
7 that escaped to the island eventually
8 intermarried with the Venezuelan Caribs and the
9 Arawaks; and
10 "WHEREAS, The new race of people,
11 known as the Garifuna, grew strong and prosperous
12 on the island; and
13 "WHEREAS, In 1795, the Garifuna
14 began the Second Carib War against the British;
15 battles raged throughout Saint Vincent over the
16 next year, with both sides enduring heavy losses;
17 and
18 "WHEREAS, On June 10, 1796, the
19 final battle commenced with the Garifuna and
20 British, resulting in the Garifuna's surrender;
21 and
22 "WHEREAS, The surviving Caribs were
23 exiled to the neighboring island of Balliceaux;
24 and
25 "WHEREAS, On March 11, 1797, the
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1 defeated Garifuna were loaded onto a convoy of
2 eight vessels and transported to Roatan,
3 Honduras, which arrived on April 12th of that
4 year; and
5 "WHEREAS, The Garifuna began to
6 migrate to the United States during the 1930s;
7 today, New York City is home to the largest
8 Garifuna community outside of Central America;
9 and
10 "WHEREAS, The nurturing and
11 promotion of Garifuna pride is at the center of
12 the Garifuna coalition's community organizing
13 initiative, to create awareness and appreciation
14 of the Garifuna culture and its contribution to
15 the culture and society of New York; and
16 "WHEREAS, On May 18, 2001, the
17 United Nations Educational, Scientific and
18 Cultural Organization (UNESCO) proclaimed the
19 Garifuna language, dance and music as a
20 'Masterpiece of the Oral and Intangible Heritage
21 of Humanity'; and
22 "WHEREAS, Garifuna-American Heritage
23 Month provides an opportunity to recognize the
24 significance of their contributions to the
25 quality and character of life and, through many
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1 events and activities throughout the month, for
2 all people to gain a greater appreciation of
3 Garifuna history and traditions and of the role
4 Garifuna-Americans have played, and will continue
5 to play, in our society; and
6 "WHEREAS, In 1823, William Henry
7 Brown, the first American playwright of African
8 descent, wrote 'The Drama of King Shotaway,'
9 recognized as the first black drama of the
10 American theater, which has as its subject the
11 1795 Black Caribs' (Garifunas) defense of the
12 Island of Saint Vincent against colonization by
13 the British. Therefore, in its honor, the
14 New York Garifuna community proudly launches the
15 Garifuna-American Decennial, 2013-2023; and
16 "WHEREAS, Today, New Yorkers of
17 Garifuna heritage such as Sara Logan, Rosemary
18 Ordonez Jenkins, Mirtha Colon, Eleanor Cecelia
19 Castillo-Bullock, James Lovell, Rosita Alvarez,
20 Carlos Gamboa, Paula Castillo, Martin Bermudez
21 and Jose Francisco Avila, continue to recognize
22 and honor the cultural practices of their
23 ancestors; now, therefore, be it
24 "RESOLVED, That this Legislative
25 Body pause in its deliberations to memorialize
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1 Governor Andrew M. Cuomo to declare March 11,
2 2014, to April 12, 2014, as Garifuna-American
3 Heritage Month in the State of New York; and be
4 it further
5 "RESOLVED, That a copy of this
6 resolution, suitably engrossed, be transmitted to
7 the Honorable Andrew M. Cuomo, Governor of the
8 State of New York."
9 ACTING PRESIDENT GRIFFO: Senator
10 Diaz.
11 SENATOR DIAZ: Thank you,
12 Mr. President.
13 Ladies and gentlemen, today is a
14 great day, it's a very special day. People,
15 members of the Garifuna community have traveled
16 all the way from the Bronx to be here with us
17 today. Even though they had to wait a little
18 longer than expected. I apologize to them for
19 the waiting.
20 But nonetheless, today I'm honored
21 to be the sponsor of this great resolution and of
22 the fourth -- this is number four -- the fourth
23 annual celebration of Garifuna-American Heritage
24 Month here in this chamber.
25 Today I am honored to have the
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1 opportunity and privilege granted to me by the
2 distinguished leaders of this Senate, the
3 Honorable Senator Dean Skelos, the Honorable
4 Senator Jeff Klein, the Secretary of the Senate,
5 Mr. Frank Patience, and all the members of this
6 body that have allowed me to introduce this
7 resolution.
8 I am also honored and privileged to
9 have with me many members joining me as
10 cosponsors of such an important resolution. I'm
11 especially honored to have with me, sitting in
12 this chamber, members of the Bronx Senate
13 delegation like Senator Marcos Serrano, Senator
14 Espaillat, soon to leave us, Senator Marcos
15 Gustavo Rivera.
16 (Laughter.)
17 SENATOR DIAZ: Who else from the
18 Bronx here? All right. So those of you from the
19 Bronx, thank you for honoring the Garifuna today.
20 I am also honored, Mr. President,
21 members of the Senate, ladies and gentlemen, I
22 would like to welcome the delegation from the
23 Garifuna community who are sitting in the gallery
24 over there. All those members, welcome, welcome
25 to the chamber.
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1 (Applause.)
2 SENATOR DIAZ: Welcome. Thank you.
3 Thank you for being with us today.
4 This delegation is presided by
5 Mr. Jose Francisco Avila, president of the
6 Garifuna Coalition, USA, who has joined us in the
7 Senate chamber today, along with Rosemary Ordonez
8 Jenkins, Krystalee Blanco, and Sulma Arzu-Brown.
9 (Applause.)
10 SENATOR DIAZ: The Reverend Andrew
11 Nunez, senior pastor of the Believers Mennonite
12 Garifuna Ministry.
13 (Applause.)
14 SENATOR DIAZ: Ladies and
15 gentlemen, it is important for you to know that
16 the Garifuna community has been an integral part
17 of New York City and especially of Bronx County
18 for more than 80 years.
19 The Garifunas have coming to the
20 United States of America in search of better life
21 since 1930. Their vitality, their talent, and
22 their commitment constitute tremendous resources
23 for our state and our city.
24 But, Mr. President and ladies and
25 gentlemen, fellow Senators, you should know that
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1 it took a tragic event, a fire, that took the
2 life of 87 people for the government institutions
3 to start paying attention to this great
4 community. On March 25, 1990, a social club
5 known as the Happy Land was set on fire, causing
6 the death of many people and inflicting
7 tremendous pain and suffering to the rest of the
8 Garifuna community throughout the State of
9 New York and throughout the world.
10 Today, as the Senator representing
11 proudly, with honor, representing the
12 32nd Senatorial District in Bronx County, it is
13 an honor and privilege for me to have this huge
14 delegation of Garifuna joining us in the Senate
15 gallery.
16 And in closing, Mr. President and
17 ladies and gentlemen, again I would like to thank
18 Senator Dean Skelos, Senator Jeff Klein, the
19 Secretary of the Senate, Mr. Frank Patience, for
20 allowing me this great honor of celebrating this
21 historic event here in the New York State Senate
22 chamber.
23 To you, my colleagues, members of
24 the Senate and staff, Senator Jeff Klein and I
25 invite you to join us at 5 p.m. -- I doubt it at
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1 5:00, but after this is over -- or following the
2 session in the Albany Room for a very Garifuna
3 celebration.
4 And the celebration of
5 Garifuna-American heritage will continue this
6 Friday, March 14, when 500 members of the
7 Garifuna community will join me in the Abrazo
8 Garifuna at Maestro's Caterers in the Bronx. So
9 you are all invited. Come to the Bronx, join us.
10 Travel to the Bronx and join us this Friday at
11 7 p.m. in Maestro's Caterers to celebrate the
12 Abrazo Garifuna, a banquet that I give in their
13 honor.
14 In closing, I want to thank the
15 Garifuna delegation. Thank you for accepting my
16 invitation. "Buiti Achúlurini. Seremein
17 Bini-noun búnguío."
18 (Laughter, applause from gallery.)
19 SENATOR DIAZ: This is Senator
20 Ruben Diaz, and this is what you should know.
21 (Laughter.)
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Diaz.
24 Senator Serrano.
25 SENATOR SERRANO: Thank you very
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1 much, Mr. President.
2 And I rise today to thank the
3 Senate, all my colleagues, and especially
4 Senator Diaz for once again bringing the
5 wonderful Garifuna community all the way up to
6 Albany to celebrate the rich cultural heritage
7 and the significant accomplishments that this
8 community makes on behalf of Bronxites and the
9 entire State of New York.
10 And it's quite fitting that we have
11 such a beautiful day today. It's warmer than
12 it's been. Finally I feel like spring is in the
13 air. So it's no mistake that the Garifuna
14 community came and brought this good weather,
15 because they are a ray of sunshine themselves.
16 (Applause from gallery.)
17 SENATOR SERRANO: And if you look
18 at the history, it's really a very beautiful
19 history lesson.
20 If you look at the cultural lineage
21 of the Garifuna people, a marriage of
22 cultures from Africa, from the Caribbean, from
23 South America, and how that is such an important
24 lesson when we think about the American dream.
25 How we as Americans embrace that diversity, how
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1 we as Americans understand that no other place in
2 the world but here in America can we celebrate
3 that diversity which is so much embodied in the
4 people of the Garifuna community.
5 So I applaud the Garifuna community
6 for the work that they've done, the challenges
7 that they've all had to overcome in this economy
8 and in this city of New York City, and really
9 just their steadfastness, their togetherness, and
10 their love for their culture.
11 And once again, I thank Senator Diaz
12 for bringing them here to celebrate. And I look
13 forward to, whenever we leave the chamber, to
14 getting together to celebrate appropriately.
15 Thank you.
16 (Applause from gallery.)
17 ACTING PRESIDENT GRIFFO: Thank
18 you, Senator Serrano.
19 Senator Rivera.
20 SENATOR RIVERA: Thank you,
21 Mr. President.
22 I'm very proud to represent a
23 district in the Bronx that is incredibly diverse.
24 I have a large population of Dominicans, as
25 Adriano Espaillat reminds me. I have, obviously,
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1 Puerto Ricans that have lived there for a long
2 time. I have a growing population of
3 West Africans as well as a small population of
4 Vietnamese. And once the redistricting happened
5 and I went a little bit further south, I was very
6 happy to learn that the Garifuna community is now
7 a big part of my district.
8 And as I got to know them -- and
9 certainly I would want to point out Jose
10 Francisco Avila down here. And I should also
11 point out that Jose Francisco has a twin, and
12 that last year, when he was down here, I saw him
13 here and then like a minute later I looked up
14 there and I saw him up there. And I was
15 confused. I'm like, that dude is quick. He went
16 from here to there.
17 (Laughter.)
18 SENATOR RIVERA: But your twin is
19 not here today, but certainly he's also a
20 wonderful man.
21 But Jose Francisco has been a
22 wonderful friend to me and my staff and has
23 really helped us to connect with another great
24 community of the Bronx.
25 So I definitely thank Senator Diaz
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1 for bringing this resolution here to the floor,
2 because it's a recognition of one of the great
3 things that makes the Bronx the Bronx: All these
4 communities coming together, whether it is the
5 Dominican, the Puerto Rican, the small
6 Vietnamese, as I've mentioned, the Mexican, and
7 certainly the Garifuna.
8 And so I'm very proud to be standing
9 here and say welcome to Albany. And I look
10 forward to celebrating with you today, and also
11 back in the Bronx for many years to come.
12 Thank you, Mr. President.
13 (Applause from gallery.)
14 ACTING PRESIDENT GRIFFO: Thank
15 you, Senator Rivera.
16 Senator Espaillat.
17 SENATOR ESPAILLAT: Thank you,
18 Mr. President.
19 I also want to thank Senator Diaz
20 for bringing this community here once again.
21 You know, and just like Senator
22 Gustavo Rivera, I found that Mr. Avila has a twin
23 brother. And in my travels to Rhode Island, I
24 found him there. And then I came back to
25 New York and I saw him here, and I thought they
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1 were following me around the northeast coast.
2 (Laughter.)
3 SENATOR ESPAILLAT: And so welcome,
4 Mr. Avila, and the entire Garifuna community.
5 And of course your presence here is a testament
6 to the African Diaspora.
7 And very often when we come to the
8 United States, whether we come from Italy,
9 whether we come from Spain, Ireland, you know,
10 anywhere, from any part of the world, as we move
11 forward, you know, we assimilate and very often
12 some communities lose their culture and their
13 heritage and their history. And that's a
14 terrible tragedy for New York State, because the
15 strength of this state is in its diversity.
16 And the Garifuna community, I think
17 out of all of the experiences of the African
18 Diaspora, you have kept that culture alive
19 perhaps stronger than any other group. And it is
20 all over Central America, but it's most
21 pronounced in the country of Honduras. And, you
22 know, that's where you really see the culture,
23 the music, the folklore, your cuisine.
24 And when you bring your language
25 that you keep alive, I think it's important that
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1 right here in this chamber, Senator Diaz was
2 eloquent enough to say a couple of words to you
3 in your native language. It shows that we
4 respect you, we respect your culture, we respect
5 what you stand for, that you have survived and
6 you have maintained what you stand for, alive,
7 for you and your children and the future and this
8 state, making it better.
9 So I want to thank you for coming
10 over. I will be joining you and Senator Serrano
11 and Senator Diaz -- whoever would have thunk that
12 Senator Serrano and Senator Diaz would be
13 joining in -- the Garifunas bring people
14 together. They bring people together.
15 (Laughter.)
16 SENATOR ESPAILLAT: And so, you
17 know, I will be joining you in the Albany Room.
18 And I just want to conclude by
19 saying {in Garifuna}.
20 (Laughter, applause from gallery.)
21 ACTING PRESIDENT GRIFFO: The
22 question is on the resolution. All in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT GRIFFO: Opposed.
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1 (No response.)
2 ACTING PRESIDENT GRIFFO: The
3 resolution is adopted.
4 We welcome the Garifuna community.
5 (Standing ovation.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 When Senator Diaz does a resolution,
11 it's always quite vibrant and full of life.
12 Mr. President, I'm going to call an
13 immediate meeting of the Rules Committee in
14 Room 332. I'm going to ask Senator DeFrancisco
15 to jump in here, and we've got some more
16 resolutions we'd like to continue to do. And
17 then when the Rules Committee comes out, we'll
18 make some decisions on what we do at that point.
19 So an immediate meeting of the
20 Rules Committee in 332. As quick as members get
21 there, we can get moving.
22 ACTING PRESIDENT GRIFFO: There's
23 an immediate meeting of the Rules Committee in
24 Room 332.
25 The Senate will continue in session
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1 on resolutions.
2 Can I have some order in the house.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: There is a
5 resolution by Senator Farley, Number 3859, at the
6 desk. I ask that the title only be read and ask
7 for its immediate adoption and for you to
8 recognize Senator Farley.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 3859, by Senator Farley,
13 recognizing April 13-19, 2014, as National
14 Library Week.
15 ACTING PRESIDENT GRIFFO: Senator
16 Farley.
17 SENATOR FARLEY: This is a
18 resolution we pass every year, the National
19 Library Week. And I want to open it up to the
20 entire chamber, because normally everybody is on
21 it.
22 And with that, I will ask for its
23 adoption.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Farley.
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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 The sponsor has offered it for
9 cosponsorship. So as the practice goes, anyone
10 who wishes not to be a cosponsor, please notify
11 the desk.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: There's
14 another resolution at the desk by Senator Farley,
15 Number 3860. I'd ask the same, that the title be
16 read and ask for its immediate adoption after you
17 recognize Senator Farley.
18 ACTING PRESIDENT GRIFFO: Thank
19 you, Senator DeFrancisco.
20 The Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution 3860, by Senator Farley, memorializing
23 Governor Andrew M. Cuomo to proclaim April 17,
24 2014, as Library Assistants Day in the State of
25 New York.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Farley.
3 SENATOR FARLEY: Thank you.
4 This also, this is very important to
5 the library community. It's one that recognizes
6 library assistants. These are the people that
7 make everything happen in the library, and
8 they're trying to honor them.
9 And again, I would offer this up to
10 all the members of the chamber if you'd like to
11 be a cosponsor, and I ask for its immediate
12 adoption.
13 ACTING PRESIDENT GRIFFO: The
14 question is on the resolution. All in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GRIFFO: Opposed.
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution is adopted.
21 Senator Farley has opened the
22 resolution up for cosponsorship. If anyone seeks
23 not to be a cosponsor, please notify the desk.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Would you
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1 please call up Resolution 3807, Senator Diaz's
2 resolution, insofar as he also would like to open
3 it up for anyone who would like to sponsor it,
4 and I'm sure everyone would. So if you don't
5 want to sponsor 3807, please inform the desk.
6 ACTING PRESIDENT GRIFFO:
7 Resolution 3807 is open for cosponsorship.
8 Should you choose not to be a cosponsor, please
9 notify the desk.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: There's also
12 a resolution by Senator Kennedy, Number 3868, at
13 the desk. I ask that the title be read and ask
14 for its immediate adoption and that you recognize
15 Senator Kennedy.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator DeFrancisco.
18 The Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 3868, by Senator Kennedy,
21 mourning the death of Rickey Elliott,
22 distinguished citizen and devoted member of his
23 community.
24 ACTING PRESIDENT GRIFFO: Senator
25 Kennedy.
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1 SENATOR KENNEDY: Thank you,
2 Mr. President.
3 I rise today to pay tribute to a
4 great citizen, Rickey Elliott, whose lifework and
5 civic endeavors served to enhance the quality of
6 life of our community and the great State of
7 New York.
8 Tragically, Rickey Elliott passed
9 away on February 20, 2014, at the young age of
10 39. Rickey Elliott distinguished himself both in
11 his professional as well as his personal life,
12 with sincere dedication and substantial
13 contributions to the welfare of our community and
14 to his friends and colleagues in the Healthcare
15 Workers of 1199, SEIU.
16 Born in 1975 to Lenora Elliot and
17 the late Walter Brown, Sr., Mr. Elliott graduated
18 from John Marshall High School in 1993. Rickey
19 Elliott began working for the University of
20 Rochester in 1994 as a cook and started to become
21 active in his union. Rickey quickly proved
22 himself to be a natural leader, becoming a union
23 delegate, a member of the contract negotiating
24 committee, and in 2000 a full-time union
25 organizer.
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1 As a testament to his leadership
2 abilities, humor and charisma, Rickey Elliott was
3 elected to the esteemed position of vice
4 president of the Healthcare Workers 1199, SEIU,
5 in 2007, where he continued to demonstrate his
6 exceptional skills as an organizer of workers far
7 and wide.
8 Rickey's commitment to excellence
9 and his spirit of humanity carried over into all
10 fields of enterprise, including charitable and
11 civic endeavors. A social activist, Rickey was
12 actively involved in the Stop the Violence
13 campaign in Rochester, New York. His legacy as a
14 movement leader will live on through his
15 countless organizers and young people he mentored
16 throughout Western New York and throughout the
17 entire state.
18 Rickey truly treasured his family,
19 and he rightfully took a great amount of pride in
20 his growing family. I know many members of
21 Rickey's family are watching today, along with
22 his brothers and sisters in SEIU 1199. We send
23 our thoughts and prayers to all of Rickey's
24 friends and family as they mourn this loss.
25 Rickey Elliott leaves behind a
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1 legacy which will long endure the passage of time
2 and will remain as a comforting memory to all he
3 served and befriended. Today we honor him for
4 all he did for our community and this great
5 State of New York.
6 I would ask, Mr. President, that we
7 open this resolution up for cosponsorship by the
8 Senate. Thank you.
9 ACTING PRESIDENT GRIFFO: Thank
10 you, Senator Kennedy.
11 The question is on the resolution.
12 All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO: Opposed.
15 (No response.)
16 ACTING PRESIDENT GRIFFO: The
17 resolution is adopted.
18 The sponsor has opened the
19 resolution for cosponsorship. Should you choose
20 not to be a cosponsor, please notify the desk.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Yes, we're
23 going to stand at ease until the Rules Committee
24 completes their work and then immediately come
25 back to session for some more work.
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1 ACTING PRESIDENT GRIFFO: The
2 Senate will stand at ease temporarily.
3 (Whereupon, the Senate stood at ease
4 at 5:05 p.m.)
5 (Whereupon, the Senate reconvened at
6 5:16 p.m.)
7 ACTING PRESIDENT GRIFFO: The
8 Senate will come to order.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President, I
11 believe there's a report of the Rules Committee
12 at the desk. Could we have it read at this time.
13 ACTING PRESIDENT GRIFFO: There is
14 a report of the Rules Committee before the desk.
15 The Secretary will read.
16 ACTING PRESIDENT GRIFFO: Senator
17 Skelos, from the Committee on Rules, reports the
18 following bills direct to third reading:
19 Senate Print 323, by Senator Avella,
20 an act to amend the Correction Law;
21 Senate Print 725, by Senator Avella,
22 Concurrent Resolution of the Senate and Assembly;
23 Senate Print 2031A, by Senator
24 LaValle, an act to amend the Education Law;
25 Senate Print 6599A, by Senator
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1 Avella, an act to amend the Education Law;
2 Senate Print 6671, by Senator
3 Flanagan, an act to amend the Education Law;
4 Senate Print 6790, by Senator
5 LaValle, an act to amend the Education Law;
6 And Senate Print 6791, by Senator
7 Flanagan, an act to amend the Education Law.
8 All bills reported direct to third
9 reading.
10 ACTING PRESIDENT GRIFFO: Senator
11 Libous.
12 SENATOR LIBOUS: Mr. President, I
13 move to accept the report of the Rules Committee.
14 ACTING PRESIDENT GRIFFO: All in
15 favor of accepting the Rules Committee report
16 signify by say aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO: Opposed.
19 (No response.)
20 ACTING PRESIDENT GRIFFO: The Rules
21 Committee report is accepted.
22 Senator Libous.
23 SENATOR LIBOUS: Mr. President, at
24 this time could we do the reading of the
25 noncontroversial calendar.
689
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number 13,
4 by Senator Boyle, Senate Print 6250A, an act to
5 amend the General Business Law.
6 ACTING PRESIDENT GRIFFO: Can I
7 have order in the chamber, please.
8 Read the last section.
9 THE SECRETARY: Section 3. 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, 60.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 61,
18 by Senator Flanagan, Senate Print 1443, an act to
19 amend the Public Authorities 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.
690
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 179, by Senator Ranzenhofer, Senate Print 4322,
7 an act to amend the Not-for-Profit Corporation
8 Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 181, by Senator Zeldin, Senate Print 4000, an act
21 to amend the General Business Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect one year after it shall
691
1 have become a law.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59. Nays, 1.
6 Senator Montgomery recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 189, by Senator Flanagan, Senate Print 1192, an
11 act to amend the General Municipal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58. Nays, 2.
20 Senators Diaz and Espaillat recorded in the
21 negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 200, by Senator Maziarz, Senate Print 6231, an
692
1 act to amend the Correction Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 Senator Libous, that completes the
13 noncontroversial reading of the calendar.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 I think the members have before them
17 a supplemental calendar, Number 18A. At this
18 time, could we just take up Number 275 on that
19 calendar.
20 ACTING PRESIDENT GRIFFO: On
21 Supplemental Calendar 18A, the Secretary will
22 read Number 275.
23 THE SECRETARY: Calendar Number
24 275, by Senator Avella, Senate Print 323, an act
25 to amend the Correction Law.
693
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, 60.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President, is
13 there any other business before the house?
14 ACTING PRESIDENT GRIFFO: Senator
15 Libous, can we return to motions and resolutions.
16 SENATOR LIBOUS: We could.
17 (Laughter.)
18 SENATOR LIBOUS: We'll return to
19 motions and resolutions.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Libous.
22 SENATOR LIBOUS: Ah.
23 ACTING PRESIDENT GRIFFO: Senator
24 Libous.
25 SENATOR LIBOUS: On behalf of
694
1 Senator Zeldin, I move that the following bills
2 be discharged from their respective committees
3 and be recommitted with instructions to strike
4 the enacting clause. That would be for two
5 bills, 5725 and 5836.
6 ACTING PRESIDENT GRIFFO: So
7 ordered.
8 Senator Libous.
9 SENATOR LIBOUS: Mr. President, I'm
10 told that I have to lay aside the rest of
11 Supplemental -- was it 18A, is that what the
12 number was?
13 ACTING PRESIDENT GRIFFO: Correct.
14 SENATOR LIBOUS: What a mind.
15 We have to lay that aside for the
16 day.
17 ACTING PRESIDENT GRIFFO: The
18 remainder of Supplemental Calendar 18A will be
19 laid aside for the day.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Libous.
24 SENATOR LIBOUS: Mr. President,
25 there being no further business before the house,
695
1 we will adjourn until Wednesday, March 12th, at
2 3:00 p.m.
3 ACTING PRESIDENT GRIFFO: As there
4 is no further business before the house, on
5 motion, Senator Libous, the Senate will stand
6 adjourned until Wednesday, March 12th, at
7 3:00 p.m.
8 The Senate is adjourned.
9 (Whereupon, at 5:22 p.m., the Senate
10 adjourned.)
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