Gaveled in 3:21 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 27, 2014
3:21 p.m.
REGULAR SESSION
SENATOR DIANE SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will please come to order.
I ask all those present to please rise with me and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT SAVINO:In the absence of clergy, I ask all to bow their heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:Reading of the Journal.
THE SECRETARY:In Senate, Saturday, January 25th, the Senate met pursuant to adjournment. The Journal of Friday, January 24th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time could you call on Senator Tkaczyk. I believe she has a group here that she would like to recognize before the chamber this afternoon.
ACTING PRESIDENT SAVINO:Senator Tkaczyk.
SENATOR TKACZYK:Thank you, Madam President.
I'd like to recognize that I have students here from the Highland Central School District in Highland, New York, along with their teachers and Superintendent Deborah Haab.
They have spent the day here learning about how government works and seeing us in action. They've asked great questions. And I hope they all see themselves down here on the floor one day.
And I'd like to welcome them to the Senate chamber. Thank you.
ACTING PRESIDENT SAVINO:Thank you.
Welcome, all.
(Applause.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Madam President, I believe there's a previously adopted resolution at the desk by Senator Felder, Number 2987. I ask that you please read it in its entirety and then call on Senator Felder to speak on it.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2987, by Senator Felder, honoring the memory of Rabbi Michoel Ber Weissmandl for his efforts in the United States to save the European Jewish populace during World War II.
"WHEREAS, From time to time this Legislative Body takes note of certain extraordinary individuals of remarkable courage and strength of character who risked their own lives for others, and stood with fortitude for freedom and humanity; and
"WHEREAS, It is the sense of this Legislative Body to pay tribute to the memory of individuals of remarkable courage and strength of character, whose purposeful lives embodied the spirit of the principles upon which this nation was founded, and who made their life's work the support and furtherance of those principles; and
"WHEREAS, Attendant to such concerns, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor the memory of Rabbi Michoel Ber Weissmandl in the United States to save the European Jewish populace during World War II; and
"WHEREAS, Rabbi Michoel Ber Weissmandl was instrumental in providing the United States with situational awareness of the Jews in Europe, specifically regarding Auschwitz, the largest and most notorious of the Nazi concentration camp networks, which ultimately led to a halt to the deportations of the remaining Hungarian Jewry; and
"WHEREAS, Rabbi Michoel Ber Weissmandl's daring efforts to save the Jews of Slovakia from extermination at the hands of the Nazis during the Holocaust included helping to establish the 'Working Group,' an underground organization which raised funds to negotiate ransom with German and Slovakian officials in order to delay mass deportations and, via the famous Europa Plan, to secure the release of Jews; and
"WHEREAS, Rabbi Michoel Ber Weissmandl was also able to smuggle letters and telegrams to leaders with abilities he hoped would help save the Jews of Europe, including President Franklin Delano Roosevelt and Winston Churchill, and alerting them to the progressive Nazi destruction of European Jewry; in addition, he provided actionable intel in terms of where the railroads and crematoriums should be bombed; and
"WHEREAS, The courage, wisdom and tenacity of this determined man laid the groundwork for several rescue missions, including the Mantello Mission and the Wallenberg Mission, which freed tens of thousands of Hungarian Jews; and
"WHEREAS, Rabbi Michoel Ber Weissmandl's combined actions, by some accounts, has amounted to being responsible for as many as two-thirds of the Holocaust survivors living in Brooklyn; and
"WHEREAS, Today, more than 55 years after his death, the bravery and willingness of Rabbi Michoel Ber Weissmandl to fight for the lives of his fellow human beings, and to secure the very existence of future generations of European Jews, continues to inspire, and is deserving of the highest honor by all defenders of freedom; and
"WHEREAS, This Legislative Body is pleased to have this opportunity to express its highest admiration for Rabbi Michoel Ber Weissmandl; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor the memory of Rabbi Michoel Ber Weissmandl in the United States to save the European Jewish populace during World War II."
ACTING PRESIDENT SAVINO:Senator Felder on the resolution.
SENATOR FELDER:Today marks the 69th anniversary of the liberation of the Auschwitz death camps.
How do we legislate godliness? How do we legislate bravery, sincerity, modesty and clarity of mission? We can't do that. But what we can do today is make sure to remember the life of a holy man that did everything humanly possible without making a splash.
And I would assume many, many of you never heard of this man. And the reason you did not is because that is how he did things and that's how he lived his life. Say little, but do a lot.
Rabbi Weissmandl spent most of his years -- he died at a young age, but he spent most of his years here trying to help save people from their ultimate death, many people, in the ultimate death of so many millions of people, including Jews, in the death camps.
So the less we talk about him the better, because I think that symbolizes what his life was all about -- doing the right thing, not talking about it much, and just doing things to make sure that at the end of the day we are able to come up to our Maker and be able to say that we did everything possible to live our lives helping others.
ACTING PRESIDENT SAVINO:Senator Squadron on the resolution.
SENATOR SQUADRON:Thank you.
And I want to thank Senator Felder for bringing this resolution and taking a moment in this legislative chamber to acknowledge the history that is really quite recent and so unspeakably horrific.
And it's appropriate that today this resolution talks about Rabbi Weissmandl because of the fact that he is so anonymous to so many, and the fact that that sort of heroism is really what ensured that there would be impacts well beyond the horrible years of World War II and the Holocaust, but ensured that communities, the Jewish community and our community in New York, would thrive for years to come.
In my district in Brooklyn, across New York City and New York State, we are a different, stronger place today because of the heroism of so many 60 and 65 and 70 years ago. And an acknowledgment of that by this legislative body is appropriate, moving, important. In the name of Rabbi Weissmandl and all the others who we will never honor, all the others who were able to start a new life and have started families and communities here -- from my wife and her grandmother and grandfather, who survived, to my constituents, to so many others -- I thank Senator Felder and add my name to this resolution.
ACTING PRESIDENT SAVINO:Senator Dilan on the resolution.
SENATOR DILAN:Madam President, I rise to support the resolution and thank the Senate for memorializing Rabbi Weissmandl, and also to acknowledge that we do have a large contingent of rabbis here from Brooklyn, some from my district.
And also we do have present with us the son of Rabbi Michoel Weissmandl here with us this afternoon in the gallery.
So thank you to all.
(Applause.)
ACTING PRESIDENT SAVINO:Thank you, Senator Dilan.
We have been joined by the family and friends of Rabbi Weissmandl. We would ask you to stand now and be appropriately recognized.
(Applause.)
ACTING PRESIDENT SAVINO:This resolution was previously adopted.
Senator Libous.
SENATOR LIBOUS:I believe that Senator Felder would like to open the resolution up for sponsorship. So as our policy goes, if for some reason if a member wishes not to go on the resolution, please let the desk know. Otherwise everyone will be on the resolution.
Madam President, thank you. I believe there's a previously adopted resolution by Senator Squadron. It's Number 2924. It's at the desk. And can we read the title and call on Senator Squadron.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2924, by Senator Squadron, commemorating the Asian-American community's celebration of the Lunar New Year, 4712, the Year of the Horse, on January 31, 2014.
ACTING PRESIDENT SAVINO:Senator Squadron on the resolution.
SENATOR SQUADRON:Thank you.
Senators, if ever there is a doubt that this is the absolute greatest state on earth, I think that the communities that we are honoring today and the extraordinary diversity and vibrancy of our state answers the question.
In addition in my district, in the same little Senate district, we have a very strong Asian-American community. The traditional Chinatown in Manhattan is in my district. And we are coming up to a great celebratory season as we enter into the Year of the Horse.
Now, the Asian Lunar New Year holiday has become a significant holiday across the city and the state. A full one-sixth of students in the New York City public school system are Asian-American. And it is so important that we take a moment to honor this great holiday.
I had a son born in the Year of the Snake, the year that we are exiting, so I am partial to the snake. But the horse itself is also apparently a wonderful year full of all sorts of good fortune, for anyone planning to have a have a child in the next year, and you still have 12 months to make that happen.
The horse enjoys a healthy sense of humor, a desire to be at the center of attention -- appropriate for an elected official's family member -- well-liked by many people, few close friends, bringing an energy and laughter to their groups, new solutions to problems, and a can-do attitude. Exactly the sorts of qualities that we want to honor at the same time that we honor this great tradition.
For anyone who's free this Sunday, please join people from around the world in the heart of the American Chinese community as we march through Chinatown for the Lunar New Year parade. I know Senator Stavisky will be having a second one that's also significant and wonderful in her district the following Saturday.
The Lunar New Year is one of the really important holidays in this state today because this community is one of the really important communities in this state that makes us who we are. I'm so proud to represent a part of it and so excited to enter the Year of the Horse.
Thank you, Senator Savino.
ACTING PRESIDENT SAVINO:Senator Stavisky on the resolution.
SENATOR STAVISKY:Thank you, Madam President.
And not only is this a great state -- we in the first resolution honored a rabbi who saved people's lives from the Holocaust. And I have Holocaust survivors in my district, housing particularly, built by Selfhelp for Holocaust survivors, but I also represent more than a 150,000 Asian-Americans.
So we do have something in common in New York State, and that is the diversity that makes us such a strong, strong state. And in fact Asian-Americans are the largest immigrant population coming to Queens County.
As I said, I represent more than 150,000 Asian-Americans. And they come from all over. They come from China, the People's Republic of China, from Taiwan, from Korea, from the Philippines, where various people celebrate the Asian Lunar New Year.
They started coming, incidentally, in the 1970s, and the numbers are growing and growing. And they participate in the life of the community. Not just the businesses, but the social and cultural life.
And as Senator Squadron said, we have parades. We have a Lunar New Year committee, and we meet every Tuesday evening until the actual parade day.
How do they celebrate the Lunar New Year? The same way everybody else does, with food. With food and with festivities and with family gatherings. People, you notice, will be wearing red. Red is a symbol of success and prosperity and good luck.
And so as we all celebrate the holidays together, may I wish my Mandarin-speaking friends a Happy New Year: Shieng Niyen Quawai Lu. And in Korean, Sehe Bok Manee Bateuseyo.
So again, I will cosponsor the legislation with Senator Squadron. Thank you.
ACTING PRESIDENT SAVINO:Thank you, Senator Stavisky.
Are there any other members wishing to be heard on the resolution?
(No response.)
ACTING PRESIDENT SAVINO:Seeing none, this resolution was previously adopted on January 23rd.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe Senator Gianaris and, um, Senator Carlucci -- I had a moment there. I'm used to seeing Senator Valesky, and I didn't want to call you Valesky -- have some motions that they'd like to bring before the house.
ACTING PRESIDENT SAVINO:Senator Carlucci.
SENATOR CARLUCCI:Madam President, on behalf of Senator Valesky I move to recommit Senate Print Number 6004, Calendar Number 5 on the order of third reading, to the Committee on Rules, with instructions to strike the enacting clause.
ACTING PRESIDENT SAVINO:So ordered.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
On behalf of Senator Latimer, I move the following bill be discharged from its respective committee and recommitted with instructions to strike the enacting clause: Senate Bill 4504B.
ACTING PRESIDENT SAVINO:So ordered.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
On behalf of Senator Ball, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Bill Numbers 2579, 2653, 3506 and 6263, please.
ACTING PRESIDENT SAVINO:So ordered, Senator Libous.
SENATOR LIBOUS:Thank you.
At this time there will be an immediate meeting of the Rules Committee in Room 332. The Senate will stand at ease, and then we'll come back and take up a couple of pieces of legislation.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Rules Committee in Room 332 of the Capitol.
The Senate will stand at ease pending the return of the Rules Committee.
(Whereupon, the Senate stood at ease at 3:39 p.m.)
(Whereupon, the Senate reconvened at 4:00 p.m.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Can we please return to reports of standing committees. I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT SAVINO:Senator Libous, there is a report of the Rules Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 966, by Senator Libous, an act to amend the Social Services Law;
And Senate 6438, by Senator Klein, an act prohibiting.
Both bills reported direct to third reading.
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:I move to accept the report of the Rules Committee, Madam President.
ACTING PRESIDENT SAVINO:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The report is accepted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
At this time could we take up the noncontroversial reading of the active list for Monday, January 27th.
ACTING PRESIDENT SAVINO:The Secretary will proceed with the reading of the noncontroversial active list.
THE SECRETARY:Calendar Number 1, by Senator Skelos, Senate Print 5922, an act authorizing.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT SAVINO:The bill is laid aside.
THE SECRETARY:Calendar Number 2, by Senator Seward, Senate Print 5931, an act to enact.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:Yes, I'd like to explain my vote on this legislation.
First of all, I'd like to thank Senator Seward and my colleagues for bringing this important legislation to the floor today. It means a great deal to constituents in my district, especially the residents in the village of Fort Plain, in Montgomery County, who were hit hard by the floods of last summer.
I was in Fort Plain immediately after the floods receded, helping with cleanup efforts and meeting with local residents. The people of Fort Plain are remarkably resilient, and they're committed to rebuilding their lives and their community. But the one concern I heard over and over again when I was meeting with people is that they can't pay their property tax bills because their property is no longer habitable. And they were facing tax bills that they could not afford and they could not pay.
This legislation is clearly needed so that homeowners and businesses can put their resources into rebuilding rather than paying tax bills for property they can't use.
I've been advocating for this legislation since the flooding occurred. My only disappointment is that we couldn't get it done sooner. We never know when disaster will strike our communities. Sometimes those disasters happen when we're not in session. That's why I'm advocating that in the future we look at our legislative calendar and plan a session day in the fall so that we can address emergencies that occur like this.
Six months is a long time to go without a session. Having a session day in the fall will help us do a better job of representing our constituents and taking care of the issues they need to have addressed more quickly.
Thank you. I vote aye.
ACTING PRESIDENT SAVINO:Senator Tkaczyk to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
(No response.)
ACTING PRESIDENT SAVINO:Seeing none, announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 3, by Senator Seward, Senate Print 5985, an act to amend the Tax Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 4, by Senator Griffo, Senate Print 5987, an act to amend the State Finance Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 53, by Senator Valesky, Senate Print 6345, an act to amend the Canal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Madam President, if we could just sit at ease here temporarily. And if members could just chill out for a bit, we'll see where we go.
ACTING PRESIDENT SAVINO:The Senate will chill out for a bit.
(Laughter.)
SENATOR LIBOUS:Madam President, we are done chilling out.
(Laughter.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:And if we could take Senate 5922 and lay that aside for the day.
ACTING PRESIDENT SAVINO:The bill is laid aside for the day.
Senator Libous.
SENATOR LIBOUS:Madam President, I have an announcement that members of the Civil Service and Pensions Committee would be interested in.
There will be an immediate meeting of the Civil Service and Pensions Committee following session in Room 123 of the Capitol -- Civil Service and Pensions, Room 123 of the Capitol -- immediately after session, which is going to end pretty quick.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Civil Service and Pensions Committee in Room 123 of the Capitol immediately following session.
Senator Libous.
SENATOR LIBOUS:Is there any further business at the desk?
ACTING PRESIDENT SAVINO:No, Senator Libous, there is no further business at the desk.
SENATOR LIBOUS:Thank you, Madam President.
There being no further business, I move that the Senate adjourn until Tuesday, January 28th, at 11:00 a.m.
ACTING PRESIDENT SAVINO:There being no further business before the Senate, on motion, the Senate stands adjourned until Tuesday, January 28th, at 11:00 a.m.
(Whereupon, at 4:05 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.