Gaveled in 3:41 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 4, 2014
3:41 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 everyone 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, may we all please bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Monday, March 3rd, the Senate met pursuant to adjournment. The Journal of Sunday, March 2nd, 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.
Report of select committees.
Communications and reports from state officers.
SENATOR LIBOUS:Madam President, could I ask for -- let's wait for the people to -- the door's open, it's a little loud. If we could just wait for people to file in and out. And then that way we can hear you.
Because I can't speak for everybody in the chamber, but as I get a little younger I find that hearing is a little bit more of a difficulty. And especially when that back door is open, so -- and I want very much to hear what you have to say.
Could we have the doors closed, please, members in the house. Members in the house.
Thank you, Madam President. If you would proceed at this time.
ACTING PRESIDENT SAVINO:Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I have a motion, and I'm the only one, I'm told. So on behalf of Senator Seward, on page 16 I offer the following amendments to Calendar Number 123, Senate Print 6408A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT SAVINO:So ordered.
SENATOR LIBOUS:At this time, Madam President, may we please adopt the Resolution Calendar, with the exception of Resolutions 3556 and 3679.
ACTING PRESIDENT SAVINO:All those in favor of adopting the Resolution Calendar, with the exceptions of Resolutions 3556 and 3679, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The Resolution Calendar is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
At this time I would call an immediate meeting of the Committee on Racing and Wagering in Room 332. That's an immediate meeting on Racing and Wagering in Room 332. And then that would be followed immediately by a Finance Committee meeting.
In the meantime, the Senate will take up resolutions. Therefore, no members who are at either the Finance or the Racing meeting will be missing any activity, because they will be here in spirit.
So if we would have the Racing meeting, and then followed by Finance Committee, and in a minute we'll proceed with resolutions.
ACTING PRESIDENT SAVINO:There is an immediate meeting of the Racing, Gaming and Wagering Committee in Room 332, followed by an immediate meeting of the Senate Finance Committee.
Senator Libous.
SENATOR LIBOUS:All right, I believe the members have filed to their committee meeting.
At this time there's a resolution by Senator Bonacic, Number 3679, at the desk. Please read the title, and we'll move for its immediate adoption.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3679, by Senator Bonacic, memorializing Governor M. Andrew Cuomo to proclaim March 2014 as Developmental Disabilities Awareness Month in the State of New York, in conjunction with the observance of National Developmental Disabilities Awareness Month.
ACTING PRESIDENT SAVINO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
Senator Bonacic would like to open this resolution up to all members. And as the policy goes, your name will be posted on the resolution unless for some reason you wish not to be on it. And if that's the case, please let the desk know.
ACTING PRESIDENT SAVINO:The resolution is open for cosponsorship. Again, if you do not wish to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe there's a resolution at the desk by Senator Kennedy, Number 3556. Please read the title, and I believe you can call on Senator Kennedy before its adoption.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3556, by Senator Kennedy, commending Sergeant Major William J. Webb, a veteran of the 555th "Triple Nickles" Infantry Battalion, for his distinguished military service, in observance of the 70th Anniversary of this First All-Black Airborne Unit and its members' many contributions to the United States of America.
ACTING PRESIDENT SAVINO:Senator Kennedy on the resolution.
SENATOR KENNEDY:Thank you, Madam President.
I rise today to honor Sergeant Major William Webb and to remember the contributions of all those who serve or have served our country.
Sergeant Major Webb is a veteran of the 555th "Triple Nickles" Infantry Battalion. And today we commend him for the distinguished military service he has given to this country.
This honor also comes in observance of the 70th anniversary of the first all-black airborne unit, the 555th Parachute Infantry Battalion, which was first activated in 1944 during World War II.
Sergeant Major Webb and the 555th truly merit the recognition of this legislative body for their courageous service and many sacrifices which played a significant role in black history and the history of our great nation.
Sergeant Major William Webb, a native of Buffalo, was born in June of 1925. At the age of 16, Webb changed his age to 18 so he could enlist in the Army. Webb began his tour of duty as part of the 520th Truck Regiment, transporting ammunition, fuel and food supplies to the front. These shipments were instrumental in the Allied advance through Western Europe in 1944.
After the Battle of the Bulge, Sergeant Major Webb was invited to join the first all-black parachute unit, the "Triple Nickles," the 555th Infantry Battalion. The "Triple Nickles" served in more airborne operations during both war and peacetime than any other group in the history of the United States. They kept watch and guarded the lands of the American Northwest.
At the time, the Japanese were taking advantage of the jet stream to float incendiary devices across the Pacific to try to start forest fires. The "Triple Nickles" would bravely jump into the burning forest to seek out and extinguish these so-called balloon bombs.
The 555th "Triple Nickles" Infantry Battalion was disbanded in 1950 as military segregation was ending, due in great part to their valiant service. Members of the unit continued to serve their country in the Korean War and beyond, and their place in history is well-secured.
Retiring from the military in 1974, after 32 years of honorable service, Sergeant Major William Webb is justly deserving of praise for the bravery, heroism and true grit he displayed in service to our nation.
It is with great respect that we pay tribute today to this remarkable man who so courageously served this state and this nation in defense of freedom and democracy.
We commend Sergeant Major Webb and all of the brave men who served and sacrificed as part of the "Triple Nickles" Infantry Battalion, and we say thank you to those men and women who have made the ultimate sacrifice and to all veterans and active-duty service members who have given so much of themselves on behalf of New York State and the United States of America.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Kennedy.
Are there any other members wishing to be heard on the resolution?
Seeing none, the question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe that Senator Montgomery has a previously adopted resolution, Number 3329, which is at the desk. Could we have the title read and call on Senator Montgomery.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3329, by Senator Montgomery, commending Elizabeth Gaynes upon the occasion of being honored in conjunction with Women's History Month 2014 in the State of New York.
ACTING PRESIDENT SAVINO:Senator Montgomery on the resolution.
SENATOR MONTGOMERY:Thank you, Madam President.
I rise today to pay a special tribute to one of those women in our state that I consider to be a phenomenal woman.
And I say that because Elizabeth Gaynes represents to us, as women in our state, and to so many people, especially young people, people who are incarcerated and their families, she represents a person who has been totally committed to making sure that they are acknowledged and that their rights and that their interests are spoken of and are represented in this state, in government as well as in our prison system.
Elizabeth Gaynes is an attorney herself, and she has been for the last 28 years the executive director of the Osborne Association. The Osborne Association was established in 1933 as a major advocacy organization representing the interests of incarcerated people and their families.
As executive director of this organization, Liz Gaynes has become a significant voice on behalf especially of children, young people, families whose parents are incarcerated or formerly incarcerated, trying to help those young people maintain as much as possible a wholesome and productive and progressive life.
She is a committed person who has never turned away from her interest and her determination that we should not forget those who are the least among us. She is widely known and has gained international recognition for her efforts.
In 2004, for instance, she along with her daughter, Emani Davis, was the first American to be nominated for the prestigious international award, World's Children's Prize for the Rights of the Child, for their work, she and her daughter, for their work defending the children of prisoners.
So it is my privilege and honor today to rise to honor this woman who has given so much of her own life, her own skills as an attorney, and that she epitomizes to me and to all of us, in this month as we acknowledge women's history, she epitomizes the values of character, courage and commitment in her unwavering service to her peers, to colleagues, and to fellow citizens, and especially to the children and families of incarcerated people in our state.
Thank you, Madam President, for allowing me to honor this essentially very, very outstanding and committed woman in 2014.
Thank you.
ACTING PRESIDENT SAVINO:Thank you, Senator Montgomery.
Senator Rivera on the resolution.
SENATOR RIVERA:Thank you, Madam President.
When I came into the Senate in 2011, I was named as the ranking member in the Crime Victims, Crime and Corrections Committee. I now serve as the ranking member in the Health Committee. But when I started serving in that committee a couple of years ago, I started to reach out to organizations that had done work in criminal justice because I wanted to learn about the issues from people that had been working on this for a very long time.
And I remember the first time that I met Liz Gaynes. She came into my office with some of her staff members, and we talked for about an hour and a half about all sorts of things, not just criminal justice.
It was, I should mention, from that first conversation where she mentioned an idea for the Fulton Correctional Facility in the Bronx that eventually we managed last year, through the efforts of folks in this body as well as the Governor's office, to take the Fulton Correctional Facility and transfer it to the Osborne Association for a future project which would be an unprecedented and first-of-its-kind reentry facility in the Bronx. We're still working on that. But that stemmed from that first conversation.
And that conversation of an hour and a half really told me so much of what I needed to know about who Liz Gaynes is. Somebody who is incredibly knowledgeable, incredibly passionate, knows more than anybody else that I know about criminal justice, and somebody who cares, truly, about incarcerated folks.
She also cares about the victims, let there be no doubt about that. But she cares about those folks that are incarcerated and making sure that they can become productive members of society again.
And I can certainly say that in the time that I've had working with her, we have become friends. As a matter of fact, we joke because there are so many Elizabeths in my professional life, whether it's Liz Krueger or Liz Gaynes, many. So I call her "Second," because Liz Krueger is first, she's second, and many other Elizabeths in my life.
But we talk constantly, and she has taught me a lot about the criminal justice system, certainly about issues of legislation that deal with formerly incarcerated individuals. And I look forward to the work that we will do for many years to come.
Because again, Senator Montgomery was exactly right; she is exactly the type of exemplary woman that we need to be recognizing. Because in her field, in her area of expertise, she is an unparalleled professional and she adds much to the conversation. And she's also a great woman. And I am very happy to be her friend and very happy to be standing on the floor of the Senate honoring her today.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Rivera.
Are there any other members wishing to be heard on the resolution?
Seeing none, this resolution was previously adopted on February 4th.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe there's another previously adopted resolution by Senator Montgomery, Number 3337. It's at the desk. Could we ask that the title be read and call on Senator Montgomery.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3337, by Senator Montgomery, commending Reverend Vivian Nixon upon the occasion of being honored in conjunction with Women's History Month 2014 in the State of New York.
ACTING PRESIDENT SAVINO:Senator Montgomery.
SENATOR MONTGOMERY:Thank you, Madam President.
I rise again to honor another one of those phenomenal women. This one is Reverend Vivian Nixon.
Reverend Nixon has been known to me for a number of years as an absolutely dedicated and determined advocate -- again, in the interests of women in particular, but people in general who are incarcerated and their families.
She is one of those people who works to try and make sure that people, once they return to their communities, that they are able to actually survive and become successful citizens on the outside once they have served their terms.
Having been incarcerated herself, she fully understands how difficult it is and what is required, what kinds of supports are required in order for people to be successful.
Reverend Vivian Nixon is an impassioned advocate for access to higher education, which she has defined and determined as being critical to allowing an opportunity for people, especially women, to have a successful return to their families and their communities.
With a background in both the corporate and nonprofit sectors, Reverend Nixon is currently the executive director of an organization, College and Community Fellowship. This organization is committed to removing individual and structural barriers to higher education for women with criminal records. And she has earned a bachelor of science degree from the State University of New York, the Empire State College.
She is a woman of faith. She is an ordained local deacon in the African Methodist Episcopal Church, and she serves as an associate minister at Mt. Zion African Methodist Episcopal Church in New York City.
She gives of herself unstintingly, both as an advocate around legislation and policy as well as spending much time with community organizations to offer leadership, to help people design programs and other activities which she feels are important toward helping people successfully reenter their society.
She is herself one of the members of the board of directors of the Fortune Society, and she is a cofounder of the Education Inside Out Coalition, which is a collaborative effort to increase access to higher education for justice-involved students.
So I am very, very honored to take this opportunity, this month in particular, to honor this what I consider to be another phenomenal woman who has used her own experience and herself, her energy and her skills, to demonstrate the power of a woman who is committed to making a change in this society that reflects the best of what our society offers to people no matter where their walk of life has led them.
So thank you, Madam President, for this opportunity. And I am so thankful that we pause today to express our gratitude and our congratulations to Reverend Vivian Nixon, a phenomenal woman in New York State.
Thank you.
ACTING PRESIDENT SAVINO:Thank you, Senator Montgomery.
This resolution also was previously adopted on February 4th of 2014.
Senator Libous.
SENATOR LIBOUS:Madam President, the Senate will stand at ease pending the report of the Finance Committee.
ACTING PRESIDENT SAVINO:The Senate will stand at ease pending the return of the Finance Committee.
(Whereupon, the Senate stood at ease at 4:03 p.m.)
(Whereupon, the Senate reconvened at 4:46 p.m.)
ACTING PRESIDENT SAVINO:The Senate will please come to order.
Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT SAVINO:There is a report of the Finance Committee.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
As member and chair of the State of New York Gaming Commission, Mark D. Gearan, of Geneva.
ACTING PRESIDENT SAVINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you.
I rise to move the nomination of Mark D. Gearan from the city of Geneva, New York, for the position of chairperson and member of the New York State Gaming Commission. He appeared before the Senate Racing, Gaming and Wagering Committee as well as the Finance Committee, was unanimously recommended by both.
And I just want to say briefly, and then I'll turn it over to Senator Bonacic, that the Governor again made an outstanding nomination.
And my only question of the nominee was -- and I've asked him privately, and I've asked him during the hearing -- was why, with all your accomplishments, with your current position, why you'd want to do it. Because it isn't an easy job. I figured out it wasn't the money, because it's $300 per meeting, I think it is, something like that. And that wouldn't do it.
And he said it very clearly, two words: "Public service." And judging from his record, he is a person of integrity, of good judgment, and he will make a great chairperson of this important commission.
With that said, I would ask you to recognize Senator Bonacic to second the nomination.
ACTING PRESIDENT SAVINO:Senator Bonacic to second the nomination.
SENATOR BONACIC:Thank you, Madam President.
I rise to also support the nomination of Mark Gearan for chairman of the Gaming Commission.
In our committee meeting, questions came up that he lacked background in gaming experience. That's not what's needed for this job. What's needed for this job, and I commend Governor Cuomo for putting this gentleman forward, is qualities of integrity, honesty, management skills and good character.
And of course there will be a learning curve, getting familiar with his colleagues on this commission, getting familiar with the language. And I have no doubt in my mind that as he's an accomplished individual, an attorney, it's not going to take him very long to be up to speed with everything.
So I'm here to second the nomination, and I want to thank you very much, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Bonacic.
Senator Nozzolio on the nomination.
SENATOR NOZZOLIO:Thank you, Madam President. On the nomination.
I rise with a great amount of happiness that Governor Cuomo would choose a candidate for this very important position with the highest levels of integrity.
That Senator DeFrancisco's question can be answered very clearly, that Mark Gearan has dedicated his life to public service, has been involved in a number of governmental positions of importance. And of course one of his favorite positions has been the ultimate of public service, and that is to direct the public servants who are involved in the Peace Corps worldwide.
Mark Gearan decided to come to New York after that experience for two reasons. The first was to head the Colleges of Hobart and William Smith -- they're located in the Central Finger Lakes in Geneva, New York -- as well as, and this is in priority the most important, to raise his family.
He and his wife Mary have two lovely daughters. They chose to educate those daughters in the public schools of Geneva, New York, and they've raised fine young ladies who are themselves growing in accomplishment each and every year.
Of all the university and college presidents that I have ever had the opportunity to work with, I can honestly say that Mark Gearan is by far the most community-spirited of those individuals.
Every college president and university president is concerned about their institution, as they need to be. Mark Gearan shares that concern and has moved Hobart and William Smith into great directions. But he has always kept his eye on the fact that as the community that is the situs, is the home of the colleges he represents, that that community is given back to ensure that the better the community, the better the college experience.
President Gearan has encouraged his students, his faculty, his administration to be involved in every aspect of the community in terms of service in the greater Geneva area. His record is second to none. He has done great work.
He has helped the entire Finger Lakes region by creating what's called the Finger Lakes Institute at the Colleges of Hobart and William Smith, an institute that's designed to help preserve, protect and promote the greatest natural resources we have in upstate New York, and that's the beautiful Finger Lakes region.
But above all, and the reason why this appointment is so well taken, is so well deserved and is so well placed, is that in an important role in government an individual must possess the highest levels of integrity. There is no doubt that Mark Gearan possesses those levels, that he has exceeded all standards and is a man of genuine integrity.
That's, Madam President, why with great pride that I rise in support of this nomination. I know he will serve the taxpayers of the State of New York extremely well. I move the nomination.
ACTING PRESIDENT SAVINO:Thank you, Senator Nozzolio.
Are there any other members wishing to be heard on the nomination?
Seeing none, the question is on the nomination of Mark D. Gearan as member and chair of the New York State Gaming Commission. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The ayes have it.
Mark Gearan is here in the chamber.
You are hereby confirmed as member and chair of the New York State Gaming Commission.
(Applause.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
May we move to the noncontroversial reading of the calendar.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 69, by Senator Maziarz, Senate Print 4004A, an act to amend the Public Authorities 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:Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you very much, Madam President. Just very briefly.
Madam President, right now, just as an example, plumbers, steamfitters, electricians, members of other trade groups who take years of training, are licensed to do their trade in the State of New York, are ignored by NYSERDA when it comes to requiring these individuals to take additional courses in order to do solar, geothermal, wind and other renewable energy installations in this state under various programs that NYSERDA offers.
These individuals are already certified, they're already trained, and they should be able to just be able to do it without having to go through further training.
I vote aye. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Maziarz to be recorded in the affirmative.
Any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 105, by Senator Larkin, Senate Print 280A, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT SAVINO:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT SAVINO:The resolution is adopted.
THE SECRETARY:Calendar Number 149, by Senator Seward --
SENATOR LIBOUS:Lay the bill aside for the day, please.
ACTING PRESIDENT SAVINO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 158, by Senator Maziarz, Senate Print 6485, an act to amend the Public Service 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, 60.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Madam President.
Is there any further business at the desk?
ACTING PRESIDENT SAVINO:There is no further business at the desk.
SENATOR LIBOUS:Madam President, there being no further business, I move that the Senate adjourn until Wednesday, March 5th, at 3:00 p.m.
ACTING PRESIDENT SAVINO:There being no further business, the Senate stands adjourned till Wednesday, March 5th, at 3:00 p.m.
(Whereupon, at 4:55 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.