Gaveled in 3:03 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 30, 2013
3:03 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by Imam Muhammad Asil Khan, of the Mid-Hudson Islamic Association in Wappinger Falls.
Imam?
IMAM MUHAMMAD ASIL KHAN:{In Arabic}
In the name of Allah, the Most Gracious, the Most Merciful. All praises are due to Allah, the Lord of the Worlds, the Most Gracious, the Most Merciful, Master of the Day of Judgment.
You alone we worship, and You alone we ask for help. Show us such a path, the path of those whom You have favored, not the path of those who have earned Your anger and those who have gone astray.
God, You are the merciful. Have mercy upon us all. Your mercy is perfect. Forgive us, O Lord, Your forgiveness being abundance and protection to all. Protect us with Your perfect protection that leaves none unprotected. Guide us with Your guidance that leaves none unguided.
O God of Adam, Noha, Abraham, Moses, Jesus and Mohammed -- peace be upon them all -- I ask that You bestow upon our leaders the understanding to choose all that which is right and help them to abstain from all that which is wrong.
Almighty God, grant them wisdom and guidance to lead our state to a prosperous future. O Lord, guide our leaders through day and night, through sickness and health, happiness and sadness, so that they may not only understand the problems facing our nation but, most importantly, give them perfect solutions for the betterment of saving humanity.
The Quran emphasizes if you save the life of one person, it is as if you save the life of all mankind.
O Almighty God, bless this state, bless the people, and bless our nation.
Amen.
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Monday, April 29th, the Senate met pursuant to adjournment. The Journal of Sunday, April 28th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 12, Senator Hannon moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 857 and substitute it for the identical Senate Bill Number 2534, Third Reading Calendar 173.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
THE SECRETARY:On page 26, Senator DeFrancisco moves to discharge, from the Committee on Veterans, Homeland Security and Military Affairs, Assembly Bill Number 587 and substitute it for the identical Senate Bill Number 2673, Third Reading Calendar 416.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
THE SECRETARY:And on page 27, Senator Griffo moves to discharge, from the Committee on Banks, Assembly Bill Number 4528 and substitute it for the identical Senate Bill Number 3588, Third Reading Calendar 428.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, on behalf of Senator Little, on page number 15 I offer the following amendments to Calendar Number 245, Senate Print Number 1013A, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, will you please recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Mr. President, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Number 681, by Senator Avella, and Senate Number 4869, by Senator Gianaris.
ACTING PRESIDENT GRIFFO:So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, may we please adopt the Resolution Calendar, with the exception of Resolutions Number 1544, 1546, 1547, 1548, and 1583.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolutions 1544, 1546, 1547, 1548, and 1583, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Little, Number 1544. I ask that the title be read and ask for its immediate adoption and then recognize Senator Little.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1544, by Senator Little, recognizing Saturday, May 4, 2013, as I Love My Park Day in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
I am pleased to join with all of the members of the Senate Tourism Committee in passing and supporting this resolution which honors Park Day, New York State I Love My Park Day. And that's going to be Saturday, May 4, 2013, for all of the parks throughout the state.
This is being done with the Parks & Trails New York organization, working in conjunction with the Office of Parks, Recreation and Historic Preservation.
New York State is really honored and privileged to have so many wonderful parks within it, beginning with Niagara Falls, which is the oldest state park in the country, Olana, the 19th-century home of the Hudson River School artist Frederic Edwin Church, and Jones Beach, a world-class swimming destination visited by twice as many people as visit Yellowstone Park. As well as, I might add, the two parks within my district that are well-known for being in the Parks and Recreation aegis, is Crown Point Historic Site, John Brown's Gravesite, and Point au Roche, north of Plattsburgh.
But this Saturday what we are doing within the 214 parks within New York State that are under New York State Parks and Recreation, we have over 70 events taking place at some of those parks. And the events are coordinated by Parks & Trails and Parks and Recreation and all of the Friends groups of those parks. We're working to have volunteers who will participate to work at cleaning up the Park, making additions to the park, just improving the experience that people will get, as well as being at the park and actually celebrating the existence of the state parks within New York State.
I'd like to open the resolution to everyone who would like to be on it. And I also would encourage you to visit a park this weekend. Spring is finally coming to New York State, and it's the beginning of the park experience for our summer season. So look for whatever event is taking place in your area and hopefully you'll be able to participate in that.
But thank you all, and happy New York State Parks Day on Saturday.
ACTING PRESIDENT GRIFFO:Thank you, Senator Little.
Senator Serrano.
SENATOR SERRANO:Thank you very much, Mr. President.
And I want to thank the chair of the committee, Senator Betty Little, for this resolution, this very important resolution, because it really does give all of us the opportunity to show how much we love our state parks.
And as the chair mentioned, we have seen a continued, renewed vigor and resurgence with our state parks over the last few years. Usership is through the roof. And it's really no surprise when you consider how wonderful our state parks are. More families within New York State and even outside are choosing to stay closer to home for vacations and utilizing our wonderful state parks. You mentioned Jones Beach, a wonderful destination -- but as all the parks are throughout the State of New York.
And I'm so happy to see how much is being put into our parks as far as political will. We've seen the Governor over the last couple of years really make such a strong priority of our state parks. And in the recent budget, I was so happy to see increased funding for park operations and capital improvements. As we know, there's a major backlog in need for refurbishment and improvements in parks.
But on Saturday, with I Love My Park Day, it gives everyone the opportunity to get involved, to get into the parks and actually make a difference cleaning them, repairs, getting involved with their neighbors in beautifying their beloved state parks.
And even last year, if I recall correctly, Governor Cuomo was down in my district at Roberto Clemente State Park getting his hands dirty cleaning up and really beautifying that wonderful state park we have in the Bronx.
So I'm so happy to join with my chair, Senator Betty Little, in recognizing the importance of I Love My Park Day, and encourage everyone to participate.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Serrano.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
First I'd like to take the opportunity to commend Senator Little, not just on today's resolution, but certainly on the display from the Adirondacks yesterday.
Those of us who live in urban communities don't really get the opportunity to have an appreciation for what the Adirondacks means to the State of New York. But I think we got a flavor of it yesterday. And certainly the best flavor I got was the meat at the reception.
But aside from that, looking at the owls, looking at the natural habitat and talking with different people from the region of the Adirondacks, it gave us a great sense that we have an extraordinary park in our state. And everybody talks about Central Park, but I don't think there's anywhere near the kind of appreciation that there could be and should be for the Adirondacks. And thank you for introducing many of us for the first time to its possibilities.
But more than that, I think, too, those of us again who live in urban communities, we have just a dearth of park area. But what I have an appreciation for is when I first went to the Bronx, I looked at a lot of the empty lots and began to talk with the Parks Commissioner and saying for every bit of asphalt, we need to have inches of parkland.
Because in order to balance the city and its concrete and its lack of trees, it adds to the asthma and whatever that our children are experiencing, and so we need to counter that by bringing foliage and bringing those things that will help to bring oxygen, pure oxygen back into our community.
So for every inch -- and I'm happy to say today that I have been helpful in developing five parks that were, before, wasteland in the Bronx. And so that as we do this, more awareness should come about how important it is that we balance areas for our communities with benches, with foliage, with whatever our cities and municipalities can sustain, but certainly make sure that people understand that parks are as important as a lot of the other bricks and mortars that we do and bring to our communities that are not always in the best interests of our health and the welfare of our communities.
So I thank you for your leadership in the parks and know that if I ever had another job opportunity that I would want, it's to be the head of Parks and Recreation for the state.
Thank you, Betty.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Fuschillo, with your consent, the sponsor has opened the resolution to all members. Those who choose not to, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Young, Number 1548. I ask that the title be read and ask for its immediate adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1548, by Senator Young, honoring the Girl Scouts of Western New York upon the occasion of the 101st Anniversary of the Girl Scouts of the USA.
ACTING PRESIDENT GRIFFO:Senator Young.
SENATOR YOUNG:Thank you, Mr. President.
As a former Girl Scout, I'm thrilled to welcome some Girl Scouts who I see up in the Senate gallery. We're so happy to have you here in Albany to celebrate the 101st anniversary of the Girl Scouts.
And it was very special to me, as a young girl growing up in Livingston County, to be a part of that organization, because I learned so much. And I know that you're working on so many positive things to cultivate future leaders here in New York State and in our country.
And I do want to point out that we do have, I think, a future Senator seated on the floor with Senator Fuschillo. This is Haley Ferrara. She's from Merrick, in Long Island. And she told me that her father says that she should be a lawyer because she usually gets what she wants.
(Laughter.)
SENATOR YOUNG:So I think Senator Fuschillo is very nervous right now that she may run for his seat. Hopefully she waits a couple of years, anyway.
But welcome to you, Haley. And welcome to all of the Girl Scouts.
And I just want to point out some facts about the Girl Scouts. Because actually today not only do we have Girl Scouts from Long Island, we also have many from the Western New York region, comprised of Erie, Chautauqua, Cattaraugus, Genesee, Livingston, Niagara, Orleans, Monroe and Wyoming Counties.
And the membership in Western New York includes 20,000 girls and 9,000 adult volunteers. And I know there are adults here today, leaders and other volunteers who put their hearts and souls into helping these young girls achieve so much.
So I want to personally thank all of the leaders who take the time -- it's very busy now, everybody's got busy schedules. But the fact that you're so committed truly speaks a lot about you as people.
Girl Scouts throughout the state are here today, though. And the Girl Scouts of the USA is the largest organization for girls in the world. Currently, there are over 3.2 million people affiliated with the Girl Scouting effort, and that includes 2.3 million girls and nearly 900,000 adults. So you can see what a great undertaking that it actually is.
And I'm in great although very crowded company, because more than 59 million American women enjoyed Girl Scouting during their childhoods. Think about what a large number that actually is.
Girl Scouts was first established on March 12, 1912, by Juliette 'Daisy' Gordon Low, when she gathered 18 girls from Savannah, Georgia, for a loyal Girl Scout meeting. The organization has a long history of helping girls and women develop their full potential as individuals and leaders to contribute to society. Their mission is to build girls of courage, confidence, and character who make the world a better place.
And so thank you so much for all of your efforts. Thank you for being here today to learn about state government, to celebrate with us all of the accomplishments of the Girl Scouting organizations.
So, Mr. President, if you could give them the greetings from your chair, it would be greatly appreciated. But congratulations and welcome.
ACTING PRESIDENT GRIFFO:We ask all the Girl Scouts to please rise, and we welcome you to the Senate chamber.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
I would just like to join Senator Young in congratulating the Girl Scouts who are here today. They had some wonderful, wonderful exhibits of their Silver Award projects that were down in the Albany Room. And I'd like to thank the adults who spend so much time and effort encouraging these girls, helping them develop independence and leadership skills.
And we look forward to you receiving your Gold Awards, where we can honor you with a legislative resolution.
So thank you for being here, and congratulations.
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
I too was a Girl Scouts. We have Girl Scouts in New York City. And one of my fondest memories was carrying the American flag at Flag Day ceremonies. And boy, for a kid, this was a big flag, and it was heavy. And we had Flag Day ceremonies at the Statue of Liberty. And that was the one and only time I have been in the Statue of Liberty.
But I welcome the Girl Scouts. My request is that, you know, you wait a couple of years before you run against any of us.
(Laughter.)
SENATOR STAVISKY:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Stavisky.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Again, we thank the Girl Scouts and appreciate their good deeds on behalf of the community. Thank you.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, first of all, I'm glad Haley is only 12 years old. I don't have a threat for a number of years.
But Senator Young would like to open up the resolution for cosponsorship.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Robach, Number 1583. I ask that the title be read and ask for its immediate adoption, and please recognize Senator Robach.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1583, by Senator Robach, memorializing Governor Andrew M. Cuomo to declare May 2013 as Hepatitis C Awareness Month in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Robach.
SENATOR ROBACH:Yes, Mr. President. Let me just briefly not only encourage people to support this resolution, but join with the advocates who are really fighting to try and combat hepatitis C. It is now estimated that one in 50 Americans carries hepatitis C, approaching 5 million people.
And it really is the leading cause of liver disease, damage, and everything else that people have to face in this.
If people are aware of it, with current state-of-the-art treatment, approximately 50 percent of those affected can successfully clear the virus and stop the disease's progression as well as spread. So this is important not only in human terms that we're all aware of it and do what we can to stop it in our districts, but also the cost to the healthcare system as is are staggering.
But I think if we all continue to point people in the right direction, educate them both on treatment and the spread, we can certainly turn this around and make it a lot better for a lot of people.
So I am happy to move this resolution forward and hope others will join me in getting the word out in their districts as well.
ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. On the resolution.
ACTING PRESIDENT GRIFFO:Senator Parker on the resolution.
SENATOR PARKER:In a feat that may astound this body, I am going to stand up and commend Senator Robach for his leadership on this important issue. Thank you. I'm going to save it for later.
(Laughter.)
SENATOR PARKER:This is it a disease that really is devastating, and there unfortunately has been silence about it in communities across our state where our constituents are suffering from hepatitis C.
I am a cosponsor of the bill, the testing bill that's going around. I want to ask my colleagues in this chamber that, you know, not only do we pass this resolution today, but please have a -- we should all join onto the bill and let's bring that bill to the floor as soon as possible, and let's start doing some good things to affect the lives of those infected. But also it affects many of the families as well.
And so this is an important resolution. Thank you for raising it, Senator Robach. And I look forward to working with you on passing the bill and making it law and helping people across the state.
ACTING PRESIDENT GRIFFO:Thank you, Senator Parker.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO:Senator Robach would like to open up the resolution for cosponsorship.
ACTING PRESIDENT GRIFFO:Senator Robach has opened up the resolution for cosponsor. If you choose not to be a cosponsor, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Peralta, Number 1546. I ask that the title be read and move for its immediate adoption and please recognize Senator Peralta.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1546, by Senator Peralta, commemorating the celebration of Cinco de Mayo, May 5, 2013.
ACTING PRESIDENT GRIFFO:Senator Peralta.
SENATOR PERALTA:Thank you, Mr. President.
My colleagues, the Cinco de Mayo commemoration of the Battle of Puebla transcends the victory of the greatly outnumbered Mexican army over the French armed forces. Cinco de Mayo has evolved into an American celebration of Mexican and Hispanic culture and heritage in this country.
Cinco de Mayo is about the spirit and determination of our Mexican and Chicano brethren, about unity and patriotism, about strength of will and perseverance. It is a celebration of liberty and freedom and of the long-standing friendship between the United States and Mexico. From the arts and culture to politics and the economy, Mexico and Mexican-Americans have made indelible contributions.
Mexican heritage and folklore are intertwined in the American fabric and Mexican-American experience. In every borough and every county of our great state, Mexican-Americans enrich our communities. In celebrating Cinco de Mayo, we recognize the myriad contributions and strengthen the innumerable ties that bind us.
Today let us remember that the United States and Mexico are not simply neighbors bound by geography and history, but we're two societies that are woven together by millions of families and friends, by common interests and a shared future. Let us today celebrate Cinco de Mayo as one.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President.
I rise to join Senator Peralta in this resolution. Cinco de Mayo, it's a great historical date for not only the Mexican-American community but the entire continent of the Americas.
As we remember, the Mexican territory expanded to places like California, Nevada, Colorado, Lower Mexico, Texas. These were all part at one point of the Mexican jurisdiction and territory. So Cinco de Mayo in fact also embodies the American spirit.
And both North America and South America congratulate members of the Mexican-American community that are here, particularly those from Puebla. You may know that the vast majority of Mexican-Americans that migrate to New York State are from the province of Puebla, and that is exactly where the battle took place that gave them their independence.
And we're happy to celebrate this important day that, far beyond the celebration and the festive atmosphere that it brings with it, it also has a great historical significance.
So I will be voting aye on this resolution with Senator Peralta.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, Senator Peralta would also like to open up the resolution for cosponsorship.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO:There will be an immediate meeting of the Finance Committee in Room 332, Mr. President.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Finance Committee in Room 332.
SENATOR FUSCHILLO:The Senate will stand at ease.
ACTING PRESIDENT GRIFFO:Immediate meeting of the Finance Committee in Room 332, and the Senate stands at ease.
(Whereupon, the Senate stood at ease at 3:30 p.m.)
(Whereupon, the Senate reconvened at 3:52 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, may we now take up the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:We'll take up the reading of the noncontroversial calendar.
The Secretary will read.
THE SECRETARY:Calendar Number 173, substituted earlier by Member of the Assembly Weinstein, Assembly Print Number 857, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 226, by Senator Ranzenhofer, Senate Print 2502A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 230, by Senator Gallivan, Senate Print 4129, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 246, by Senator Marcellino, Senate Print 1497, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 402, by Senator Bonacic, Senate Print 4618, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Can we have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:Calendar Number 403, by Senator Klein, Senate Print 2332, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 409, by Senator LaValle, Senate Print 783, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 412, by Senator Young, Senate Print 2048, an act to amend the Private Housing Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 416, substituted earlier by Member of the Assembly Magnarelli, Assembly Print Number 587, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 426, by Senator Young, Senate Print 4338, an act to amend the General City Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 428, substituted earlier by Member of the Assembly Robinson, Assembly Print Number 4528, an act to amend Chapter 223 of the Laws of 1996.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Sanders to explain his vote.
SENATOR SANDERS:On the bill.
ACTING PRESIDENT GRIFFO:Senator Sanders, we're on explanation of votes.
SENATOR SANDERS:Explanation.
This grant that we're giving to the bank may have been useful at the time when it was given, but now it is just an unnecessary grant that we are giving to the banks. And therefore, I'm voting against this and encouraging all to do so.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 430, by Senator Farley, Senate Print 4350, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 19. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Fuschillo, that completes the reading of the noncontroversial calendar.
SENATOR FUSCHILLO:Mr. President, will you please recognize Senator Latimer.
ACTING PRESIDENT GRIFFO:Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President. I just wanted to make a comment on Bill S2502A.
Senator Ranzenhofer puts before us a bill that helps deal with unfunded mandates. But I did want to highlight for the record, in explaining my vote, that the Comptroller raises a couple of very important issues that I hope will be addressed as the Senate deals with the Assembly on this measure in light of our passing it.
The Comptroller indicates that he's concerned that the internal control function should not be discretionary for larger school districts, and he also talks that the definition of what a deficiency is in the legislation does not reach enough consistency to trigger requirements.
So I would ask that as this bill advances between both houses, that those matters be considered and perhaps some chapter amendment dealt with if both houses are in agreement.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Latimer.
Senator Fuschillo, again, that concludes the noncontroversial calendar.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Perkins, Number 1547. I ask that it be read in its entirety and ask for its immediate adoption. Then please recognize Senator Perkins.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1547, by Senator Perkins, honoring Elombe Brath upon the occasion of his designation for special recognition on Saturday, May 11, 2013, by a number of prominent community groups for a lifetime of loyalty and distinguished service as a community, national and international civil and human rights leader.
"WHEREAS, A great community is only as great as those persons and organizations that provide exemplary service, whether through participation in voluntary programs, through unique personal achievement in their profession or other endeavors, or simply through a lifetime of good citizenship; Elombe Brath is one such individual; and
"WHEREAS, This Legislative Body is justly proud to honor Elombe Brath upon the occasion of his designation for special recognition on Saturday, May 11, 2013, by a number of prominent community groups for a lifetime of loyalty and distinguished service as a renowned activist, locally, nationally and internationally; and
"WHEREAS, The prominent community groups recognizing this remarkable man include: Schomburg Plaza Residents Council, Sojourner Truth Club, Patrice Lumumba Coalition, December 12th Coalition, and 1845-51 Adam Clayton Powell, Jr. Tenants Association; and
"WHEREAS, Born in Brooklyn, New York, on September 30, 1936, to parents who had immigrated to the United States from Barbados, the Caribbean island geographically closest to the African continent, his early training of a political character was hearing his mother speak of her first cousin, Clennel Wickham, who was the editor of the renowned Herald newspaper; and
"WHEREAS, In his autobiography, Ready for Revolution, the acclaimed revolutionary Stokely Carmichael (Kwame Ture) referred to Elombe Brath as the 'dean of Harlem nationalists'; while such a tribute from Ture is admirable, Brath's Black Nationalism, his Pan-African thought, as many will attest, extends well beyond Harlem with a special resonance among freedom fighters around the globe; and
"WHEREAS, Brath's political commitment evolved in 1956 simultaneously with the struggle to eliminate 'Negro' as the nomenclature of African American people; from this moment of Black consciousness it was an easy and logical step for him to create the 'Black is Beautiful' campaign (1961) following the creation of AJASS (African Jazz-Arts Society and Studios) with his brother Kwame and a cadre of other local advocates in 1956; and
"WHEREAS, Removing 'Negro' from the lexicon, insisting on the beauty of Blackness, and refusing to accept the Eurocentric world view, Elombe and his associates were in the vanguard of change as they launched the Grandassa Models and 'Naturally Shows'; and
"WHEREAS, All of these activities were the foundation for his total involvement in African affairs, including his association with FOPANO (Federation of Pan-African Nationalist Organizations), which eventually set the stage for African Liberation Day and the development of the African Liberation Support Committee (ALSC), which played such a critical role in educating and organizing thousands in the fight against imperialism, colonialism, and neocolonialism on the African continent; and
"WHEREAS, One of the pivotal moments in Elombe's constantly evolving political philosophy, an outlook grounded in the ideas and actions promoted by Marcus Garvey and Carlos Cooks, was the formation of the Patrice Lumumba Coalition (PLC) in 1975; and
"WHEREAS, The PLC came at a most propitious time when there was much confusion about which liberation movement to support in the war against colonial domination in Africa; it was a matter of separating the truly progressive organizations from the reactionary ones, and Elombe and members of the PLC were indispensable in providing the correct guidance and understanding of the often fractious and contentious forces vying for control; and
"WHEREAS, For more than a generation, Elombe, as the chairman of PLC, helped to coordinate hundreds of forums with the purpose of educating the masses, not only about the struggle in Africa but also about the conditions oppressed people face all over the world; and
"WHEREAS, Despite his total immersion on the international front as well as countless battles against racism at home, Elombe was employed at WABC-TV where, as a graphic artist, skills he had acquired in high school and at the School of Visual Arts, he was a vital consultant, particularly on African affairs, to Gil Noble, the esteemed host of 'Like It Is'; Elombe was instrumental in facilitating the presence of many of the African leaders on the show; and
"WHEREAS, None of these activities, however, detracted Elombe from taking care of his family, and along with his wife, Nomsa, they raised six very successful young men and a daughter; and
"WHEREAS, Many of Elombe's followers and comrades admit missing their leader who was always burdened down with books, magazines and newspapers, always ready to dispense the latest information on social and political matters, both at home and abroad, and always ready to stand his ground; and
"WHEREAS, Though stilled by a massive stroke, Elombe's legacy, his inspiration, remains as significant today as it did when his voice was a clarion call advising individuals along the right path to total liberation and independence; and
"WHEREAS, Rare indeed is the impressive dedication shown by an individual for the benefit of others which Elombe Brath has displayed throughout his life; and
"WHEREAS, Those who enhance the well-being and vitality of their community and have shown a long and sustained commitment to excellence certainly have earned the recognition and applause of all the citizens of the community, the state, the nation, and the world; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor Elombe Brath upon the occasion of his designation for special recognition on Saturday, May 11, 2013, by a number of prominent community groups for a lifetime of loyalty and distinguished service as a community, national and international civil and human rights leader; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Elombe Brath."
ACTING PRESIDENT GRIFFO:Senator Perkins.
SENATOR PERKINS:Thank you very much, Mr. President.
I appreciate the reading and want to first say that due to illness, Elombe Brath himself could not be here. He actually is at the moment in a nursing home. And we look forward to the moment when we can present him with this proclamation in recognition of the role he has played not only in the community but in a much larger stage, in many respects similar to what we're trying to do here in terms of those values of democracy and freedom.
But instead of him, I'm honored that we have his son Cinque. Cinque is one of those six boys that is a member of that family, and he is strongly moving in the tradition of his father.
And I wanted to nevertheless recognize that if he was here, he would probably tell me to be brief and get to the point.
And I wanted to -- and he would tell me, By the way, you know, you're celebrating the 24th anniversary of the campaign regarding the Central Park Five, as of April 17th. And he would remind me because, as one of those as a neighbor of them that was in the leadership of that effort to bring justice to the Central Park Five -- in fact, he was the one who spearheaded the bringing together of the legal team that ultimately enabled them to be free of those charges about the Central Park jogger.
And he would be asking me in my brevity to not only remind us of that period, that dark period in their life, and maybe in some respects in the life of us all, that while they have been exonerated from those charges, nevertheless they suffered, as of April 17th of this year, 24 years of imprisonment and trauma because of that false accusation.
And so he would remind us that actually the campaign for justice of the Central Park Five is not over. That in fact he would remind us that that campaign continues to call for justice for them, particularly from the perspective of them getting paid for the period in which they were falsely incarcerated, especially on the basis of interrogations that ultimately turned out not to be truthful.
And in fact he would remind us that it is very, very important that we are involved in legislation that understands how important the videotaping of interrogations prior to confessions is a very, very important policy so that there cannot be the continuation of the tragedies of young people like the so-called Central Park Five.
And then ultimately he would say that the true justice of that tragedy would be to pay them, to pay the Central Park Five for the suffering that they and their families endured and would hopefully get paid as some symbolic representation of fairness, and hopefully it would never happen again.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Sanders.
SENATOR SANDERS:On the resolution.
I want to compliment Senator Perkins for honoring such a worthy person and going further to try to distill a very complex life. And you did a good job putting it on paper.
I too learned a great deal from the human rights leader Elombe Brath and wanted to pay tribute at this time.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
We welcome Cinque to the chamber today and extend the courtesies of the house.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator Fuschillo.
SENATOR FUSCHILLO:There being no further business, I move we adjourn until Wednesday, May 1st, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Wednesday, May 1st, at 11:00 a.m.
Senate adjourned.
(Whereupon, at 4:10 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.