Wednesday, March 19, 2014

ACTING PRESIDENT GRIFFO:Reading of the Journal.

THE SECRETARY:In Senate, Tuesday, March 18th, the Senate met pursuant to adjournment. The Journal of Monday, March 17th, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.

Presentations of petitions.

Messages from the Assembly.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports of state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Mr. President, thank you.

On behalf of Senator Zeldin, I believe it's page 23, I offer the following amendments to Calendar Number 228, Senate Print 6525, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

Senator Libous.

SENATOR LIBOUS:I believe there's a previously adopted resolution by Senator Marchione, Number 3989, at the desk. Could we have the title read and please call on Senator Marchione.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 3989, by Senator Marchione, memorializing Governor Andrew M. Cuomo to proclaim March 21, 2014, Down Syndrome Awareness Day in the State of New York, in conjunction with the observance of World Down Syndrome Day.

ACTING PRESIDENT GRIFFO:Senator Marchione.

Can I have some order in the chamber, please.

SENATOR MARCHIONE:Mr. President and my colleagues, I rise for the purpose of speaking on my legislative resolution memorializing the Governor to proclaim March 21, 2014, as Down Syndrome Awareness Day in New York State, in conjunction with the observation of World Down Syndrome Day.

Down syndrome is a genetic condition affecting the body's development caused by the presence of three copies of chromosome 21 in the cell nucleus, and is also called trisomy 21.

Mr. President and my colleagues, I would like to share with you some of the important facts about Down syndrome. There are an estimated 6 million people with Down syndrome worldwide. One in every 691 babies born in the United States are afflicted with Down syndrome, making it the most common genetic disorder in our nation.

Approximately 400,000 Americans have Down syndrome. And nearly 6,000 babies are born with Down syndrome in the United States each year.

Once extremely fatal, new advances in medical technology are helping individuals with Down syndrome to live longer, healthier and more productive lives than ever before. With proper medical treatment, as many as 80 percent of adults with Down syndrome will reach the age of 60 or older. This is a critical breakthrough, and it is truly welcome news.

People with Down syndrome possess a wide range of abilities and are loving, generous and gifted souls. They are some of the greatest people you will ever have the privilege of meeting.

I'm proud to sponsor this resolution memorializing the Governor to proclaim March 21, 2014, as Down Syndrome Awareness Day in New York State. My resolution reminds us of the importance of recognizing the inherent dignity, worth and contributions of individuals with Down syndrome, as well as the love and kindness they share and the countless lives they brighten. In so remembering, we can better celebrate their lives and publicly recognize and share in their many accomplishments.

Thank you, Mr. President and my colleagues. I appreciate your support for this important resolution.

ACTING PRESIDENT GRIFFO:Thank you, Senator Marchione.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

I want to rise and say thank you to Senator Marchione for putting this resolution before the house.

I've had the honor and pleasure of, for 11 years, chairing the Committee on Mental Health and Developmental Disabilities, and on two occasions I was blessed and honored to be the chairman of the statewide Special Olympics.

Just specifically, while the love of all individuals with disabilities really comes through when you work and spend time with them, individuals with Down syndrome, as Senator Marchione said, are a very special group, because the love and affection that they share and exude is just incredible.

I often tell people that if you really want to lift your day, if you really think you're having a bad day, spend some time with some folks particularly with Down syndrome and disabilities, and I guarantee you they will put a smile on your face.

They will make you feel an awful lot better, and when you leave, you'll scratch your head, wondering "What's my problem?" Because they will lift you, their attitudes are incredible, and they enjoy every day. They enjoy life even with their disability.

So, Senator, thank you for bringing this resolution to the floor. I think we should all pause and pay tribute and say thank you to those individuals who have Down syndrome and who have actually shared a delight and helped us to really understand what life is all about.

ACTING PRESIDENT GRIFFO:Thank you, Senator Libous.

Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

I too rise to compliment Senator Marchione on this resolution, and my dear friend and colleague Senator Libous for his remarks in laying out some very important points.

I would like to just build on what Senator Libous said. I know three mothers who I'd like to think are friends who have Down syndrome children, and who we have conversations about their growth and their development and what a wonderful difference that each of those children make each and every day.

And recently one of the mothers sent me a video on her son, who is on the Port Jefferson wrestling team. And I watched him wrestle, and the camaraderie from the other members of the team in congratulating him on his match, and I must tell you, it brought tears to my eyes.

We have come a long way, a long way as a society where we can interact with people with special needs and become almost part of a family in making sure that they grow up to be all that they can be. So these children do bring a lot of joy to a lot of people, but they are important members of our society and our family.

So, Senator Marchione, thank you very much for bringing this resolution before the house.

ACTING PRESIDENT GRIFFO:Senator Carlucci.

SENATOR CARLUCCI:Thank you, Mr. President.

And I too want to thank Senator Marchione and the previous speakers for talking on this very important resolution.

As we approach March 21st and World Down Syndrome Awareness Day, it's so fitting that we proclaim a New York State Down Syndrome Awareness Day. Because it's really, as was talked about from previous speakers, that we are talking about some of our most vulnerable populations. And the strides that have been made in just the past decade are really to be thought of and to reflect upon.

But the fact is we still have a lot of work to do. And the fact that, as Senator Marchione had mentioned in the resolution, that 80 percent of people living with Down syndrome can expect to live beyond their 60th birthday, it's a massive improvement that we've seen in the past couple of decades. But it's not just about the amount of time that you spend here on this earth, it's the quality of life.

And I know that I'm working with many of my colleagues here in this chamber on this budget that's coming up in addressing many of these key issues, such as how do we get people with developmental disabilities into integrated employment settings. And by doing that, that it won't just help our economy but will also help improve the quality of life of thousands of New Yorkers.

So I want to thank my colleagues for supporting this resolution and look forward to working with you on these important issues.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:Yeah, I rise to speak on this resolution.

You know, I was deeply touched by what some of my fellow Senators had to say. Senator Marchione, I applaud you for bringing this to us. But I know what you were saying, Senator Libous, is so true. Anybody that meets or crosses the path of a Down syndrome person, your whole day is lifted because of the joy that they bring to this world.

You know, I think it's so important that we recognize people with disabilities, but particularly the Downs. They are such wonderful, contributing people. We have a number of them working here in the Senate. They're the most reliable, the most conscientious, the most competent people that we have working here at the Senate. They're absolutely lovely, lovely people.

And I'll tell you, I thank you for bringing this resolution before us. And I was deeply touched by what my colleagues were saying.

Thank you very much, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Farley.

As noted, the resolution was adopted on March 18th of 2014.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

I would assume that, even though that was adopted, Senator Marchione would open that up to the house. So we will do that. I don't know if I'm out of order here, but --

ACTING PRESIDENT GRIFFO:So noted. The resolution is open for cosponsorship. If you choose not to --

SENATOR LIBOUS:And if somebody doesn't want to be on it, let the desk know.

ACTING PRESIDENT GRIFFO:If you choose not to, please notify the desk.

SENATOR LIBOUS:Thank you.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:I believe that there's a resolution by Senator Montgomery, Number 3335, at the desk. Could we have the title read, and I believe Senator Montgomery would like to speak on it.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 3335, by Senator Montgomery, commending Beverly Johnson upon the occasion of being honored in conjunction with Women's History Month 2014 in the State of New York.

ACTING PRESIDENT GRIFFO:Senator Montgomery.

SENATOR MONTGOMERY:Yes, thank you, Mr. President.

I rise again today to honor a woman of distinction and a woman who has made significant contributions, especially to young people in the State of New York. This is the Honorable Beverly Johnson.

Beverly Johnson is the former executive director of the Magnolia Tree Earth Center of Bedford-Stuyvesant in the Borough of Brooklyn in the 25th Senate District, responsible for the creation, development and implementation of programs and activities that encourage and provide science, engineering, technology, mathematics and environmental awareness to youth, and fosters the development of human potential within urban communities like that that I represent.

She was formerly employed by Polytech Institute in the Borough of Brooklyn, which is now part of New York University. She was there for 27 years, holding positions as associate dean of undergraduate admissions, director of international student recruitment, assistant dean of university admissions, and executive director of the Promise Fund, which is the organization that sponsored the Center for Youth in Engineering and Science, which was part of Polytech Institute's giving back to young people in the community.

This Promise Fund traditionally awards $1.2 million annually in scholarships to students interested in pursuing careers in the fields of mathematics, science and engineering that we often refer to as the STEM careers.

The mission of the Promise Fund is to promote activities that introduce underrepresented women and people of color in general, as well as elementary and high school students, to career opportunities in STEM, to nurture their interest, to develop their scientific curiosity and encourage appropriate study.

I must say that under the leadership of Beverly Johnson, it was Polytech that set up a relationship with Brooklyn Tech High School students which allowed those students to attend classes in Polytech free of charge and receive college credits.

She is also a specialist in the evaluation of international and domestic educational documents and immigration credentials. She has traveled worldwide and has been very responsible for recruiting young people from areas such as Taiwan, Hong Kong, Malaysia, Singapore, Indonesia, Thailand, Pakistan, India, Japan, Mexico, Haiti and Africa.

She is an active member of the Second Baptist Church in Baldwin, New York. She is chairperson of the SBC Scholarship Ministry and a member of the welcoming committee.

She is a liaison for the National Society of Black Engineers. She is an honorary member of the National Society of Women Engineers, and she is an advisor to the National Society of Black Engineers, the National Association of Foreign Student Advisors, and Black Professionals in International Education in America.

I am honored today and I thank you for allowing me an opportunity to express my pride in knowing Beverly Johnson, having worked with her throughout these past few years that I've known her, and having seen how brilliant she is as it relates to designing programs that actually accomplish what our goal in our Legislature is, and that is to make sure that we are including all young people, especially young people of color in the urban centers, as well as throughout our state, to become involved in STEM.

So thank you, Mr. President. And I honor Beverly Johnson today as a Woman of Distinction in this month. Thank you.

ACTING PRESIDENT GRIFFO:As noted, the resolution was adopted on February 4, 2014.

Senator Libous.

SENATOR LIBOUS:Mr. President, may we have the reading of the noncontroversial calendar.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 57, by Senator Savino, Senate Print 5792B, an act to amend the Labor 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.)

ACTING PRESIDENT GRIFFO:Senator Peralta to explain his vote.

SENATOR PERALTA:Thank you, Mr. President. I want to explain my vote.

My understanding of this bill is that it attempts to preserve jobs in the banquet industry by excluding well-compensated banquet employees from receiving overtime wages on mandatory gratuities and service charges.

The concern this bill addresses is that if New York law is not amended to better align with federal law, it might mean a rash of lawsuits and years of overtime back pay for individuals who make near or above six figures a year. This could then create catastrophic consequences for workers lower down the pay scale by potentially forcing even high-road employers to fire workers across the spectrum, or even shut down their operations entirely.

I understand and share the goals of the sponsor and supporters of this bill, protecting good-paying, high-road jobs for banquet workers.

I expressed concerns about the drafting of this bill when it came before the Labor Committee, and I appreciate the efforts by the sponsor and the stakeholders to address those version in this version, including raising the threshold wages a worker would have to make in order for this to apply to him or her.

While I remain concerned about the possibility that some of the terminology in this bill is not fully defined in statute, and I am always reticent about anything that repeals parts of the New York law that offers stronger worker protection than federal law, I have been convinced that in practice this restriction will not apply to the vast majority of workers and that it will not create a practical loophole for predatory employers to exploit.

I have been assured that there will be a time for all the stakeholders to fully consider this bill and weigh in with potential concerns before it is passed in the Assembly, and therefore I will be voting in the affirmative.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Peralta to be recorded in the negative.

Announce the results.

THE SECRETARY:Ayes, 56.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 218, by Senator Bonacic, Senate Print 2042, an act to amend the Labor 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.)

ACTING PRESIDENT GRIFFO:Senator Hoylman to explain his vote.

SENATOR HOYLMAN:Thank you, Mr. President.

I'll be voting for this bill, but I wanted to point out that the City of New York has issued a memo in opposition, for the reason that the bill is essentially unworkable due to the fact that the agencies in New York that are responsible for reporting the Department of Corrections and the Department of Probation do not receive the information necessary regarding whether an inmate has committed a crime in the workplace or the employment history of the individual.

So I'm hopeful that our colleagues in the Assembly will amend this bill and we'll be seeing a different version of the bill in this chamber as well. I'll be voting in the affirmative.

ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 218, those recorded in the negative are Senators Hassell-Thompson, Krueger, Montgomery and Perkins.

Ayes, 52. Nays, 4.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 246, by Senator Ranzenhofer, Senate Print 4324, an act to amend the Not-for-Profit Corporation Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 56.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 263, by Senator Flanagan, Senate Print 5364, an act to repeal paragraph D of Subdivision 4 of Section 3641 of the Education 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.)

ACTING PRESIDENT GRIFFO:Senator Stavisky to explain her vote.

SENATOR STAVISKY:To explain my vote.

Currently schools have to report three times a year as required by this statute. This would repeal it and make the reporting requirements annually to conform to the National Asbestos Hazard Emergency Safety Act, I think it's called.

The first school asbestos act in the nation was passed in this legislative body in 1980. And I'm very familiar with that because my husband was chair of the Education Committee and was the sponsor of that first School Asbestos Safety Act.

Asbestos is extremely dangerous for a lot of reasons. You can't taste it, you don't see it, you can't feel it, but it's in the walls of buildings that were built prior to the 1970s. In fact, in the state office buildings that were constructed during the period prior to the 1970s, you're not supposed to put a nail in the wall because asbestos may come out.

And I bought a co-op last year, and I had to sign for a study of the walls. I had to spend money on a test for asbestos. And furthermore, if asbestos were discovered in that co-op building, I would have had to pay for the abatement.

My suggestion to the sponsor is that you exempt those buildings that were built after the 1970s that obviously don't have asbestos, but continue the legislation for those which do contain asbestos, because it's a very dangerous substance.

I vote no.

ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 263, those recorded in the negative are Senators Avella, Hoylman, Krueger, Montgomery, Perkins, Serrano, Squadron and Stavisky.

Ayes, 49. Nays, 8.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 271, by Senator Maziarz, Senate Print 2063B, an act to amend the Highway 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, 57.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator Libous, that completes the noncontroversial reading of today's calendar.

SENATOR LIBOUS:Thank you, Mr. President.

Is there any further business at the desk?

ACTING PRESIDENT GRIFFO:There is no further business before the desk.

SENATOR LIBOUS:There being no further business, I move that the Senate adjourn until Thursday, March 20th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Thursday, March 20th, at 11:00 a.m.

Senate adjourned.

(Whereupon, at 3:45 p.m., the Senate adjourned.)