Regular Session - February 26, 2019

                                                                   1122

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 26, 2019

11                      3:26 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1123

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, I ask that everyone bow their 

10   head in a moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   Reading 

14   of the Journal.

15                THE SECRETARY:   In Senate, Monday, 

16   February 25, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Sunday, February 24, 

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

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               1124

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.  I have several motions.  

 8                On behalf of Senator Martinez, on 

 9   page 9 I offer the following amendments to 

10   Calendar 61, Senate Print 1719B, and ask that 

11   said bill retain its place on Third Reading 

12   Calendar.

13                ACTING PRESIDENT BENJAMIN:   The 

14   amendments are received, and the bill shall 

15   retain its place on the Third Reading Calendar.

16                SENATOR GIANARIS:   On behalf of the 

17   great Senator Benjamin, on page 10 I offer the 

18   following amendments to Calendar 67, Senate Print 

19   1130, and ask that said bill retain its place on 

20   Third Reading Calendar.

21                ACTING PRESIDENT BENJAMIN:   The 

22   amendments are received, and the bill shall 

23   retain its place on the Third Reading Calendar.

24                SENATOR GIANARIS:   Also on behalf 

25   of Senator Benjamin, I move the following bill be 


                                                               1125

 1   discharged from its respective committee and 

 2   recommitted with instructions to strike the 

 3   enacting clause:  Senate Bill 2077.

 4                ACTING PRESIDENT BENJAMIN:   It is 

 5   so ordered.

 6                SENATOR GIANARIS:   And on behalf 

 7   Senators Mayer and Sanders, I move that the 

 8   following bills be discharged from their 

 9   respective committees and recommitted with 

10   instructions to strike their enacting clauses:  

11   Senate Bills 2097 and 2288.

12                ACTING PRESIDENT BENJAMIN:   It is 

13   so ordered.

14                Senator Gianaris.  

15                SENATOR GIANARIS:   Can you please 

16   call on Senator Griffo.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Griffo.

19                SENATOR GRIFFO:   Thank you, 

20   Mr. President.  

21                On behalf of Senator Ortt, I move 

22   that Senate Bill 3063 be discharged from its 

23   respective committee and be recommitted with 

24   instructions to strike the enacting clause.

25                ACTING PRESIDENT BENJAMIN:   It is 


                                                               1126

 1   so ordered.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Thank you, 

 4   Mr. President.

 5                Can you please recognize Senator May 

 6   for an introduction.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   May.

 9                SENATOR MAY:   Thank you, 

10   Mr. President.  

11                I'd like to take a moment to 

12   recognize two guests from Syracuse University who 

13   have made the trip to Albany and have joined us 

14   in the gallery.  

15                I'd like to welcome Ms. Dina Eldawy, 

16   a senior majoring in international relations and 

17   citizenship and civic engagement.  She's the 

18   first woman ever to win a Marshall Scholarship 

19   from Syracuse University, and I'll have a 

20   resolution to that effect tomorrow.

21                She's also here with her advisor, 

22   Jolynn Parker, the director of Syracuse 

23   University's Center for Fellowship and 

24   Scholarship Advising.  

25                I would ask, Mr. President, that you 


                                                               1127

 1   acknowledge their presence and give them all 

 2   privileges of the house.  

 3                Thank you.

 4                ACTING PRESIDENT BENJAMIN:   Thank 

 5   you, Senator May.  

 6                To our guests, we congratulate you 

 7   on your achievement and extend our best wishes on 

 8   your scholarship.  Congratulations, and welcome.

 9                (Applause.)

10                SENATOR GIANARIS:   Thank you, 

11   Mr. President.  

12                Can we now recognize Senator Kaplan 

13   for another introduction.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Kaplan.

16                SENATOR KAPLAN:   Thank you, 

17   Mr. President.  

18                It is my great privilege this 

19   afternoon to welcome several distinguished guests 

20   to the Senate chamber.  Joining us today we have 

21   several representatives and students from the 

22   Henry Viscardi School, located in Albertson, 

23   New York, and serving young people from across 

24   the region.  

25                The Viscardi School offers children 


                                                               1128

 1   and young adults with severe disabilities a 

 2   traditional education that provides rigorous 

 3   academics and opportunities for personal growth 

 4   and leadership development.  Its specialized, 

 5   accessible, educational setting provides a fully 

 6   enriched academic program, a variety of 

 7   therapies, assistive technologies, and medical 

 8   supports to students who may otherwise need to 

 9   receive instruction in their own home or a 

10   hospital setting.

11                I had an opportunity to tour the 

12   Viscardi School and to meet with several students 

13   and teachers recently.  And I was so inspired, 

14   not only by their incredible individual 

15   achievements, but also by the warmth and the 

16   embracing spirit of the community that they have 

17   created.  

18                Please join me in extending a warm 

19   welcome to the students and staff of the 

20   Henry Viscardi School.  

21                I would like to mention Boruch 

22   Nojowitz, who's here with his mother, Malka 

23   Baker; John Kemp, the president; Beth Daly, 

24   chairperson of the school; Sheryl Buchel, 

25   executive vice president and CFO; Kim Brussell, 


                                                               1129

 1   VP of public affairs and marketing; and Angelo 

 2   Zegarelli, the school head.

 3                Thank you for joining us today.

 4                ACTING PRESIDENT BENJAMIN:   Thank 

 5   you, Senator Kaplan.

 6                To our guests from the Henry 

 7   Viscardi School, we welcome you and extend to you 

 8   the courtesies and privileges of the house.

 9                (Standing ovation.)

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gianaris.

12                SENATOR GIANARIS:   Mr. President, 

13   can we now take up the noncontroversial reading 

14   of the calendar.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 52, 

18   by Senator Persaud, Senate Print 1082A, an act to 

19   amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 6.  This 

23   act shall take effect one year after it shall 

24   have become a law.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               1130

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 55, 

 9   by Senator Gianaris, Senate Print 2145, an act to 

10   amend the General Municipal Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of January 

15   next succeeding the date on which it shall have 

16   become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 98, 


                                                               1131

 1   by Senator Metzger, Senate Print 2069, an act to 

 2   amend the Agriculture and Markets Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BENJAMIN:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BENJAMIN:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   112, by Senator Gaughran, Senate Print 1864, an 

17   act to amend the Real Property Tax Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect on January 1, 2020.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               1132

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   113, by Senator Mayer, Senate Print 1877, an act 

 7   to amend the General Municipal Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 60.  Nays, 1.  

18   Senator Antonacci recorded in the negative.  

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   114, by Senator Gaughran, Senate Print 1913, an 

23   act to amend the Real Property Tax Law.

24                SENATOR GRIFFO:   Lay it aside.

25                ACTING PRESIDENT BENJAMIN:   Lay it 


                                                               1133

 1   aside.

 2                THE SECRETARY:   Calendar Number 

 3   124, by Senator Serrano, Senate Print 180, an act 

 4   to amend the Parks, Recreation and Historic 

 5   Preservation Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of January.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   126, by Senator Serrano, Senate Print 2494, an 

20   act to amend the Parks, Recreation and Historic 

21   Preservation Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1134

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                Senator Gianaris, that completes the 

10   noncontroversial reading of today's calendar.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.  Can we now take up the 

13   controversial reading.

14                ACTING PRESIDENT BENJAMIN:   The 

15   Secretary will ring the bell.  

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   114, by Senator Gaughran, Senate Print 1913, an 

19   act to amend the Real Property Tax Law.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Griffo, why do you rise?

22                SENATOR GRIFFO:   Are you prepared, 

23   Mr. President?

24                (Laughter.)

25                SENATOR GRIFFO:   I believe there's 


                                                               1135

 1   an amendment before the desk.  I would waive the 

 2   reading of that amendment and ask that you call 

 3   upon Senator Seward, that he may be heard.

 4                ACTING PRESIDENT BENJAMIN:   Thank 

 5   you, Senator Griffo.  

 6                Upon review of the amendment, in 

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

 8   nongermane and out of order at this time.

 9                SENATOR GRIFFO:   In accordance with 

10   that ruling, I would appeal the ruling of the 

11   chair and ask that you call upon Senator Seward 

12   to be heard.

13                ACTING PRESIDENT BENJAMIN:   The 

14   appeal has been made and recognized, and Senator 

15   Seward may be heard.

16                SENATOR SEWARD:   Thank you, 

17   Mr. President.

18                I would argue that this amendment is 

19   germane because the bill-in-chief concerns real 

20   property tax credits.  And projects that are 

21   reviewed and voted on by the Public Authorities 

22   Control Board, of which I have been a member, 

23   frequently depend on tax credits, including real 

24   property tax credits.  

25                Additionally, the revenue created by 


                                                               1136

 1   projects that are approved by the Public 

 2   Authorities Control Board will help ensure and 

 3   improve the fiscal standing of the state, which 

 4   in turn will help the fiscal standing of local 

 5   municipalities that allows them to provide tax 

 6   benefits like the ones offered in the 

 7   bill-in-chief before us today.

 8                Speaking to the amendment, this 

 9   amendment would ensure that the leadership of one 

10   conference could not derail a project that goes 

11   before the Public Authorities Control Board.  

12   Currently there is a Senate and Assembly 

13   representative as well as the Governor, and the 

14   two minority conferences have nonvoting members 

15   of the board.

16                And to have any project pass the 

17   PACB, it requires under existing law a unanimous 

18   vote of the three voting entities:  Senate, 

19   Assembly, and the Governor.  This amendment would 

20   change that to be a majority vote, a minimum of 

21   two out of three.

22                And the reason for the amendment, 

23   you know, the Senate Majority's recommended 

24   appointment of a Senator who openly criticized 

25   the Amazon headquarters project was a death blow 


                                                               1137

 1   to the project, because that Senator would have 

 2   had the power to veto the project under existing 

 3   law.  

 4                And the economic benefits of 

 5   Amazon's second headquarters in Queens would have 

 6   been enormous:  25,000 to 40,000 good-paying jobs 

 7   and revenues of up to $27 billion.  And this is 

 8   revenue that we desperately need as a state as we 

 9   deal with a looming deficit of $2.3 billion.  

10   That's a gap we'll need to fill in some way.

11                The deal would have helped all areas 

12   of the state as well, you know, from Long Island, 

13   the Lower Hudson Valley, up here to Albany and 

14   the nanotech industry here in Albany, in helping 

15   them to recruit other technology companies to 

16   come to the state and to spread around the state 

17   in areas such as Buffalo, Rochester and Syracuse 

18   and other parts of upstate as well.

19                And other impacts of losing the 

20   Amazon project concern the fact that businesses 

21   no doubt will hesitate to locate to New York 

22   after Amazon's decision to pull out of the deal, 

23   because it adds to the narrative that New York is 

24   not open for business.

25                You know, last Friday it was 


                                                               1138

 1   reported that Leader Stewart-Cousins recommended 

 2   another Senator to serve as the Senate Majority's 

 3   representative on the PACB.  And with that in 

 4   mind, as we look at it, potentially we can say 

 5   here we go again, because that Senator's district 

 6   includes part of Belmont Park.  There is a 

 7   $1 billion arena and entertainment venue on 

 8   state-owned property near Belmont Park that will 

 9   have to go before the PACB for approval.  There 

10   is some local opposition to that project.  That 

11   Senator will have the power, if appointed to the 

12   PACB, to veto a very important project.

13                Now, this situation is eerily 

14   similar to what happened with the Amazon 

15   headquarters project, so we want to ensure that a 

16   single appointment cannot kill another deal that 

17   will bring sustainable jobs and economic growth 

18   to the state.  This amendment would ensure 

19   leadership of one conference of the Legislature 

20   does not have veto power over major economic 

21   development projects.

22                So this amendment makes sense.  I 

23   urge a yes vote to, first of all, overrule the 

24   ruling of the chair and a yes vote on the 

25   ultimate amendment.  Thank you.


                                                               1139

 1                ACTING PRESIDENT BENJAMIN:   Thank 

 2   you, Senator.

 3                I want to remind the house that the 

 4   vote is on the procedures of the house and the 

 5   ruling of the chair.

 6                Those in favor of overruling the 

 7   chair signify by saying aye.

 8                (Response of "Aye.")

 9                SENATOR GRIFFO:   Show of hands, 

10   please. 

11                ACTING PRESIDENT BENJAMIN:   A show 

12   of hands has been requested and so ordered. 

13                (Show of hands.)  

14                THE SECRETARY:   Ayes, 19.

15                ACTING PRESIDENT BENJAMIN:   The 

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

17   is before the house.

18                Senator Gianaris.

19                SENATOR GIANARIS:   Mr. President, 

20   without objection, can we return Calendar Number 

21   114 to the noncontroversial calendar and take it 

22   up.

23                ACTING PRESIDENT BENJAMIN:   Without 

24   objection, so ordered.  

25                And the Secretary will read.


                                                               1140

 1                THE SECRETARY:   Calendar Number 

 2   114, by Senator Gaughran, Senate Print 1913, an 

 3   act to amend the Real Property Tax Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gaughran to explain his vote.

13                SENATOR GAUGHRAN:   This bill is 

14   important because many of our volunteer fire 

15   departments around the state are having 

16   difficulties recruiting people, particularly 

17   young people.  And young people often live in one 

18   community, work in another community, and they 

19   might want to volunteer in a community that they 

20   don't live in.  This would give them the 

21   opportunity for a tax exemption that other 

22   volunteer firefighters have.

23                And I think this will benefit 

24   taxpayers because these fire departments are 

25   struggling, many of them, to recruit volunteers.  


                                                               1141

 1   And if we give this sort of incentive, hopefully 

 2   they will be able to start bringing in a lot 

 3   more, including the young people, because the 

 4   alternative is switching to paid fire 

 5   departments, paid ambulance departments, which 

 6   will be a huge cost for many communities.

 7                So I vote in the affirmative, 

 8   Mr. President.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Jackson to explain his vote.

11                SENATOR JACKSON:   Thank you, 

12   Mr. President.  I rise to support this matter.  

13                And reading the details of the bill 

14   and discussing it with my legislative director, 

15   we want individuals to volunteer to be members of 

16   fire departments and EMS in order to save lives 

17   and to save people's properties.  We think that's 

18   a positive aspect.  

19                And so if an individual is willing 

20   to put their life on the front lines in order to 

21   save others, it's up to a municipality whether or 

22   not they want to have this included to give a 

23   property tax decrease of no more than 10 percent.

24                So I think this is a win/win 

25   situation, and I support it wholeheartedly.


                                                               1142

 1                Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Jackson to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                Senator Gianaris, that completes the 

 9   noncontroversial reading of today's calendar.

10                SENATOR GIANARIS:   Thank you, 

11   Mr. President.  

12                The remaining business for today 

13   involves the taking up of two nominations, so we 

14   have to have a series of committee meetings to 

15   move the nominees.  

16                And so with that, I will call an 

17   immediate meeting of the Corporations, 

18   Authorities and Commissions Committee in Room 

19   332.  That will be followed in the same room 

20   immediately by a meeting of the Transportation 

21   Committee, and finally, still in that same room, 

22   Room 332, by the meeting of the Finance 

23   Committee, after which we will come to the floor 

24   and take up the nominees.

25                ACTING PRESIDENT BENJAMIN:   There 


                                                               1143

 1   will be an immediate meeting of the Corporations, 

 2   Authorities and Commissions Committee in 

 3   Room 332.  

 4                Senators on the Transportation and 

 5   Finance Committees are advised to be ready to 

 6   meet in Room 332.

 7                SENATOR GIANARIS:   Mr. President, 

 8   the Senate will stand at ease.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Senate will stand at ease.

11                (Whereupon, the Senate stood at ease 

12   at 3:46 p.m.)

13                (Whereupon, the Senate reconvened at 

14   4:31 p.m.)

15                ACTING PRESIDENT BENJAMIN:   The 

16   Senate will return to order.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President.

20                The Committee on Corporations, 

21   Authorities and Commissions has completed its 

22   work, so the Committee on Transportation will now 

23   be meeting in Room 332.

24                ACTING PRESIDENT BENJAMIN:   There 

25   will be an immediate meeting of the 


                                                               1144

 1   Transportation Committee in Room 332.

 2                SENATOR GIANARIS:   The Senate will 

 3   stand at ease, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Senate will stand at ease.

 6                (Whereupon, the Senate stood at ease 

 7   at 4:32 p.m.)

 8                (Whereupon, the Senate reconvened at 

 9   4:54 p.m.)

10                ACTING PRESIDENT BENJAMIN:   The 

11   Senate will return to order.  

12                Senator Gianaris.

13                SENATOR GIANARIS:   Mr. President, 

14   last but not least, there will be an immediate 

15   meeting of the Finance Committee in Room 332, 

16   after which we will return to the floor to take 

17   up the nominations.

18                ACTING PRESIDENT BENJAMIN:   There 

19   will be an immediate meeting of the Finance 

20   Committee in Room 332.

21                SENATOR GIANARIS:   The Senate will 

22   stand at ease, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Senate will stand at ease.

25                (Whereupon, the Senate stood at ease 


                                                               1145

 1   at 4:55 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   5:44 p.m.)

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   Senate will return to order.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Mr. President, 

 8   can we go back to motions and resolutions, and 

 9   can you call on Senator Griffo, please.

10                ACTING PRESIDENT BENJAMIN:   Motions 

11   and resolutions.

12                Senator Griffo.

13                SENATOR GRIFFO:   Mr. President, on 

14   behalf of Senator Young, I would like to move 

15   that Senate Bill 899 be discharged from its 

16   respective committee and be recommitted with 

17   instructions to strike the enacting clause.

18                ACTING PRESIDENT BENJAMIN:   It is 

19   so ordered.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Okay.  And now, 

22   Mr. President, can we go to reports of standing 

23   committees.

24                ACTING PRESIDENT BENJAMIN:   We will 

25   return to reports of standing committees.


                                                               1146

 1                SENATOR GIANARIS:   I believe 

 2   there's a report of the Finance Committee at the 

 3   desk.

 4                ACTING PRESIDENT BENJAMIN:   There 

 5   is a report of the Finance Committee at the desk.  

 6                The Secretary will read.

 7                THE SECRETARY:   Senator Krueger, 

 8   from the Committee on Finance, offers the 

 9   following nominations:  

10                As members of the Board of the 

11   Metropolitan Transportation Authority, Sarah E. 

12   Feinberg, of New York, and David S. Mack, of 

13   Kings Point.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Krueger.

16                SENATOR KRUEGER:   Thank you, 

17   Mr. President.  Although my script says "Madam 

18   President," so we'll work on that.

19                At this time I would like to move 

20   the two nominations to the floor, Sarah E. 

21   Feinberg and David Mack.  And they have been 

22   moved through the Transportation Committee, the 

23   Corporations Committee, and the Finance 

24   Committee.

25                And I would like to recognize them 


                                                               1147

 1   and also have you recognize any Senator who would 

 2   like to speak on either of their behalf.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Kennedy on the nominations.

 6                SENATOR KENNEDY:   Thank you, 

 7   Mr. President.

 8                Let me first start by thanking the 

 9   members of the Transportation Committee that I 

10   chair, the members of the Corporations and 

11   Authorities Committee, chaired by Senator Comrie, 

12   as well as the Finance Committee, chaired by 

13   Senator Krueger.  

14                I want to recognize and thank 

15   Governor Cuomo for putting forward two 

16   extraordinary individuals that we hope with this 

17   vote of the Senate today will be approved and 

18   ultimately take their seats as we work to reclaim 

19   the MTA and continue to put forward our 

20   initiative to transform the MTA into something 

21   which the ridership, most importantly, can be 

22   proud of.

23                We had a robust conversation in each 

24   of the committees.  Many questions were asked and 

25   answered thoroughly.  First and foremost, 


                                                               1148

 1   Mr. Mack has a tremendous history with the MTA 

 2   and is no stranger to the needs of the system 

 3   that we need to find many, many solutions to.  

 4   The needs are many.

 5                And we have to come up with the 

 6   solutions that work for generations to come.  

 7   That is what we are working on collectively as a 

 8   body.  We have the experience of Mr. Mack that 

 9   will help to drive the vision of the MTA forward 

10   as we work to solve the issues at hand.

11                Ms. Feinberg has an extraordinary 

12   history herself, having worked at the federal 

13   level under the Obama administration, not only in 

14   the White House but also as part of the Federal 

15   Railroad Administration.  She is no stranger to 

16   the needs of the MTA system.  

17                Both are riders of the system.  Both 

18   are going to work with us to ensure that the 

19   future of the MTA is brighter than it has ever 

20   been.  And once again, as we work collectively to 

21   transform the system into something that the 

22   riders can depend upon, that they can rely upon 

23   as they go to work, to school, to and from areas 

24   in the community, be it a doctor's appointment or 

25   to the grocery store or to anywhere else 


                                                               1149

 1   throughout the 13 counties that the MTA serves, 

 2   that they have a board that is responsive to 

 3   their needs.

 4                This Democratic Conference has taken 

 5   it upon us to drive an agenda forward where we 

 6   create a system, working with the leadership at 

 7   the MTA, in rebuilding trust, in rebuilding an 

 8   effective, dependable system.  And I am very 

 9   confident that these two individuals that the 

10   Governor put forward for approval today are going 

11   to do just that.

12                Once again, Mr. President, I thank 

13   you and look forward to voting in the affirmative 

14   for these nominations.

15                ACTING PRESIDENT BENJAMIN:   The 

16   question is on the nomination of Sarah E. 

17   Feinberg and David S. Mack as members of the 

18   Board of the Metropolitan Transportation 

19   Authority.  All in favor say aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT BENJAMIN:    

22   Opposed?  

23                (No response.)

24                ACTING PRESIDENT BENJAMIN:   Sarah 

25   E. Feinberg and David S. Mack have been confirmed 


                                                               1150

 1   as members of the Board of the Metropolitan 

 2   Transportation Authority.

 3                (Standing ovation.)

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris.

 6                SENATOR GIANARIS:   With that, 

 7   Mr. President, is there any further business at 

 8   the desk?

 9                ACTING PRESIDENT BENJAMIN:   There 

10   is no further business at the desk.

11                SENATOR GIANARIS:   That being the 

12   case, I move to adjourn until tomorrow, 

13   Wednesday, February 27th, at 3:00 p.m.

14                ACTING PRESIDENT BENJAMIN:   On 

15   motion, the Senate stands adjourned until 

16   Wednesday, February 27th, at 3:00 p.m.

17                (Whereupon, at 5:50 p.m., the Senate 

18   adjourned.)

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