Tuesday, March 3, 2015

We ask you, Almighty Allah {in Arabic} who gave us this opportunity, we can be one soul and one heart. And God bless America {in Arabic}.

Amen.

Thank you so much.

ACTING PRESIDENT GRIFFO:The reading of the Journal.

THE SECRETARY:In Senate, Monday, March 2nd, the Senate met pursuant to adjournment. The Journal of Sunday, March 1st, 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.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports of state officers.

Motions and resolutions.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I would like to recognize Senator Peralta, who is going to his chair at the moment and will be there shortly, for a brief introduction.

ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.

Senator Peralta.

SENATOR PERALTA:Yes, thank you, Mr. President. I am proud to welcome and honor the men and women from the Bangladeshi American Advocacy Group who are joining us here today in the Capitol.

It is an honor to pay tribute to your organization, as it gives a voice to the Bangladeshi communities living in our state. I am thrilled to see members of my community and other Bangladeshi Americans from across the state here in the Capitol making their presence known.

And as Senators Kevin Parker and James Sanders take pictures --

(Laughter.)

SENATOR PERALTA:-- Bangladeshi Americans have made enormous contributions to our state and our nation, from politics and the economy to the arts and science.

And I am extremely fortunate to have a large, active and vibrant Bangladeshi American community in Jackson Heights, right in the heart of my district. As a fairly new immigrant group, my Bangladeshi American constituents have already strengthened and enriched our neighborhoods and our local economy through their contributions and customs.

Your tireless work in supporting the advancement of the Bangladeshi community in our Empire State is exemplary. I applaud your efforts and your work with other organizations and elected officials as you improve the lives of the Bangladeshi Americans in New York State.

Our greatest strength is our diversity, and today we're taking crucial steps to make our state stronger than ever. So I want to thank you very much for being here today.

And as someone noted a while ago, several years ago, the Latino community is the sleeping giant. Well, now I like to say that the South Asian community is the sleeping giant. And the fact that you're here today lobbying and talking about issues that matter to your community is a strong message that you're here, that you're getting involved and you're going to make a difference.

So welcome today to the Senate chambers. Congratulations.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you, Senator Peralta.

And we welcome the members of the Bangladeshi American community. Thank you for being with us today.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco --

(Inaudible.)

ACTING PRESIDENT GRIFFO:This is not on a resolution, Senator Díaz. It was for purposes of making an announcement, which was with unanimous consent we recognized Senator Peralta. Senator Díaz, we recognized Senator Peralta.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Can we adopt the Resolution Calendar, with the exception of Resolutions 763, by Senator Stewart-Cousins; 769, also by Senator Stewart-Cousins; and 810, by Senator Addabbo.

ACTING PRESIDENT GRIFFO:The Resolution Calendar is before the house, with the exception of Resolutions 763, 769, and 810. All in favor of adopting the Resolution Calendar signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: If you'd please take up Resolution 810, by Senator Addabbo, and read the title only and recognize Senator Addabbo, a great Irish-American.

(Laughter.)

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 810, by Senator Addabbo commemorating the 40th Annual Queens County St. Patrick's Day Parade on March 7, 2015.

ACTING PRESIDENT GRIFFO:Senator Addabbo.

SENATOR ADDABBO:Thank you, Mr. President --

ACTING PRESIDENT GRIFFO:Senator Addabbo, excuse me.

Could I have some order in the house, please.

Senator Addabbo.

SENATOR ADDABBO:Thank you, Mr. President.

It's my pleasure to offer this Senate resolution today recognizing the 40th annual Queens County St. Patrick's Day Parade, which will step off from Rockaway Beach, as it's done for the last four decades, this Saturday, March 7th.

The parade is a Rockaway tradition. It's a product of a lot of hard work and commitment from the Parade Committee, led by Mike Benn, and we appreciate their efforts.

The Queens County St. Patrick's Day Parade is an extraordinary event attracting more than 50,000 people. It's a celebration and a testament to the Irish heritage of Rockaway residents. The zip codes that comprise the Rockaway Peninsula, when you gather them all, the zip codes account for the largest population of Irish immigrants, almost the largest one in the country.

Apart from being home to so many people of Irish descent, the Rockaway Peninsula is a resilient community that's seen far more than its fair share of challenges.

During the September 11th attacks, 50 Rockaway residents passed away, mostly first responders. And then a mere two months later, American Airlines Flight 587 crashed in Belle Harbor, killing all on board and five in the Rockaway Peninsula.

October 2012, the Rockaways was one of the hardest-hit geographic areas from Superstorm Sandy, a storm from which they still are recovering and rebuilding.

The St. Patrick's Day Parade that we are recognizing today as it steps off its 40th year is an appropriate symbol of the Rockaways and their resilient spirit. In good times and in tragic times, the people of Rockaway and its resiliency continue to move forward.

I congratulate the parade and its committee; Grand Marshal Steve Cassidy; Honorary Grand Marshal John Dunleavy; and all the Deputy Grand Marshals for being honored this year.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Addabbo.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Could you take up Resolution 763, read it in its entirety, and first call on Senator Hassell-Thompson.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 763, by Senator Stewart-Cousins, memorializing Governor Andrew M. Cuomo to proclaim March 2015 as Women's History Month in the State of New York.

"WHEREAS, March is Women's History Month; and

"WHEREAS, March 8th is International Women's Day; and

"WHEREAS, Each year New York State officially sets aside time to recognize the unique contributions that women have made to New York and its society; and

"WHEREAS, New York State has a distinguished history of monumental achievements in the area of women's rights; and

"WHEREAS, In 1826, New York State opened one of the first public high schools for girls, resulting in a future for women in which they were no longer confined to the home, a future in which they were educated and able to use this education to better their social and economic status; and

"WHEREAS, In 1848 in New York, the first women's rights convention was held at Seneca Falls to secure for all women the right to vote; and

"WHEREAS, In 1903, The Women's Trade Union League of New York was formed to represent working women, later becoming the nucleus for the International Ladies' Garment Workers' Union; and

"WHEREAS, In 1918, one year after New York guaranteed women the right to vote in all elections, the first two women, Ida Sammis and Mary Lilly, were elected to the New York State Legislature; and

"WHEREAS, In 1967, Muriel Siebert became the first woman to own a seat on the New York Stock Exchange, opening the door for women to gain positions of greater economic power; and

"WHEREAS, In 1970, New York City was the site of the first Women's Strike for Equality, in which 50,000 people marched for equal rights; and

"WHEREAS, In 1968, New York State Assemblywoman Shirley Chisholm became the first black woman elected to Congress and in 1972, she ran for President of the United States, another first for black women; and

"WHEREAS, In 1983, New York State women legislators established the Legislative Women's Caucus to improve the participation of women in all areas of government, support issues that benefit women and provide a network of support for women in the State Legislature; and

"WHEREAS, New York has been the home of many extraordinary women who have led society to a better future: Elizabeth Cady Stanton and Susan B. Anthony led the campaign for women's suffrage; Sojourner Truth spoke out for the abolition of slavery and for suffrage for women; suffragist Carrie Chapman Catt became the first president of the League of Women Voters; Emma Willard opened the first endowed institution for the education of women; Civil War surgeon Dr. Mary E. Walker was the only woman ever awarded the Congressional Medal of Honor; Harriet Tubman was an abolitionist who led slaves to freedom by way of the Underground Railroad; in the 19th century, Elizabeth Blackwell and Belva Lockwood were the first women in the fields of medicine and law; pioneer birth control educator and advocate Margaret Sanger established a research center in New York City; Emma Goldman founded the Free Speech League which led to the American Civil Liberties Union; humanitarian Eleanor Roosevelt served as United States Delegate to the United Nations; civil rights lawyer and New York State Senator Constance Baker Motley became the first black woman to sit on the U.S. District Court in New York, and so many more known and unknown women who championed rights and opportunity for all; and

"WHEREAS, New York State has hosted many conventions, campaigns and events of the Women's Rights Movement, from the 1848 convention at Seneca Falls to the 1999 Berkshire Conference of Women Historians, which was held to improve the status of women in history and in the historical professions; and

"WHEREAS, Today, 51 women serve in the New York State Legislature, holding leadership positions in both houses and bringing the diverse experiences of women into law and public policy; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim March 2015, as Women's History Month in the State of New York; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York, and to the Legislative Women's Caucus of New York State."

ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

Women's History Month is a time that we can review, admire and respect what has been accomplished by so many diverse women throughout history. It is only fairly recently that we have come to pay tribute to many of our nation's talented women who have fought and overcome discrimination as well as adversity.

In 1981, the Congress sponsored the first Congressional resolution, and since 1987 Congress has expanded this resolution to include this entire month of March.

However, it is our great State of New York where some of the most impressive achievements in the area of women's rights has occurred. From the opening of the first public school for girls, the first women's rights convention, those women who were leading pioneers in the fields of medicine and law, those who fought for the abolition of slavery, and those who marched and rallied for the suffragette movement, New York has been the home to even more known and unknown women who championed rights and opportunities for all.

Although there are 51 women in the State Legislature, that still only represents 41.8 percent of women overall, whereas we represent more than 51 percent of the women in the population. There's still too few.

So that while we must be proud of how far we've come, we cannot ignore the hardships that many women are still suffering throughout our state, nation, and internationally, whether they're victims of domestic violence, discrimination in the workplace, discrimination in pay, religious and political turmoil, education, women in prison. Women will always be the backbone of our society and the foundation of our future.

Rosa Parks once said: "I have learned over the years that when one's mind is made up, this diminishes fear. Knowing what we must do does away with that fear. Women, we must know what we must do."

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.

Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President.

I would also first like to thank Senator Andrea Stewart-Cousins for introducing the resolution, and of course point out the obvious, that she is the first woman leader of a conference in both houses of this Legislature. And we're very proud to have her.

There's a lot to be proud of for women throughout the history of this state and this country and the world. But as my colleague Ruth Hassell-Thompson just pointed out, we have a long, long way to go.

In 1872, Susan B. Anthony went to the polls in Rochester, New York, and cast a ballot in a presidential election. She cited her citizenship under the 14th Amendment as giving her the right to vote. She was arrested and fined $100, which she refused to pay.

Today in 2015, of the 63 of us here in the Senate, only 11 are women. We're over 50 percent of the population of the State of New York, and yet we are still far away from having equal access to the halls of power and to government, including in this house, the Senate.

One of my favorite lines is "Well-behaved women seldom make history." I am proud to see there are so many women of all ages who have embraced the concept that being well-behaved doesn't necessarily get them equality or help them to get to their goals.

Unfortunately, despite where we have come, 70 percent of the world's poverty population still women and children. We still face a world where over a hundred countries have laws on the books that restrict women's participation in the economy.

Another great line that should never be forgotten in the context of women's history: "A woman is like a tea bag. You can't tell how strong she is until you put her in hot water." Eleanor Roosevelt.

Thirty-one million girls of primary-school age are still not enrolled in school throughout the world. There are three women in this country murdered every day by a current or former male partner. Thirty-eight million women have experienced physical intimate-partner violation in their lifetime here in our country.

We need to remember the lessons of history, not repeat mistakes, not go backwards. And today, in honor of Women's History Month, all of us, male or female, remember how much more we need to do to ensure that in the State of New York there is truly equal treatment under every single law and that we are all doing our part to ensure that the generations coming up behind us have to accomplish more than we have accomplished by 2015.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.

Senator Stavisky.

SENATOR STAVISKY:Thank you, Mr. President.

And we're here to observe Women's History Month and to pay homage to our foremothers rather than our forefathers.

Much of the history that's been described here started in New York State. It started in Western New York, in the Finger Lakes regions, in the North Country, and in the Capital District area. And in fact in 1814 a school was founded known as the Troy Female Seminary, by Emma Willard. It's obviously now known as the Emma Willard School, and it's right across the river in Troy.

And she had an interesting quote. She said -- in 1814, mind you -- "Women are the companions, not the satellites of men."

And in the 1840s we had the women's temperance movement and we had the abolitionists and we had the causes for governmental and social reform. And of course 1848, the Seneca Falls Convention, which adopted a resolution asking that women be given the right to vote.

However, it wasn't until 1917 that women in New York State were permitted to vote. And in 1920, of course, the 19th Amendment was passed, making it universal suffrage in the entire country.

But it was 1919 when two women were elected to the Assembly. And their backgrounds were interesting. One was named Mary Lilly, and she was a Democrat from New York County, from Manhattan. But the other woman elected in 1919, at the same time, was a woman from Suffolk County, Ida Sammis, who was a Republican. So it was a bipartisan effort to obtain the right of women to represent women and men with the same prerogatives as male legislators.

It took until 1934 for the first woman to be elected to the New York State Senate, and she was a Republican from upstate New York, from St. Lawrence County up near the Canadian border, along the waterway. Her name was Rhoda Fox Graves. And interestingly, it was a very small membership, but she founded the Organized Women's Legislators. A very small group; she was probably the only one at the time, in 1934, in the Senate. But they joined with the Republicans and formed this organization, which is today the Legislative Women's Caucus, which is a bipartisan organization.

And today, as has been said, we are proud of the first woman to serve as a conference leader, Andrea Stewart-Cousins, the sponsor of this resolution.

And I'm the first woman from Queens elected to the New York State Senate, 15 years ago.

Tomorrow, March 14th, is the anniversary, the 98th anniversary of the first woman being elected to Congress -- a Republican from Montana by the name of Jeannette Rankin, a well known figure in American history.

So this has been a bipartisan effort. These are not -- oops. I guess men don't do that.

(Laughter.)

SENATOR STAVISKY:This has been a bipartisan effort, and I think that's important. In fact, Senator Graves was the first woman to chair a committee when she was in the Senate. Right away she chaired the Agriculture Committee, because by background she was both a teacher but a farmer.

So today we have women leaders throughout the country. Many states have far more legislators who are women than we do, which I think is a sad commentary. But it's something that we are working on, on both sides of the aisle, to remedy.

And New York women have been leaders in both the suffrage movement, labor -- primarily the International Ladies' Garment Workers' Union, which came about after that terrible Triangle Shirtwaist Fire in 1911 -- and I suspect we will do a resolution on that later this month. And they have been in the forefront of workers' rights, people's rights, issues of social justice.

And I want to end with another Eleanor Roosevelt quote. She said: "No one can make you feel inferior without your consent."

So I thank you, Mr. President, and I thank the conference leader, Andrea Stewart-Cousins, for introducing this resolution.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Stavisky.

Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President.

And again, I rise to join my colleagues thanking our leader, Leader Stewart-Cousins, for introducing this and reminding us and allowing us to have some recognition of the Month of Women.

As you read, Mr. President, March 8th is International Women's Day. So in addition to the women who have been talked about here, the New York women, I would like to also pay tribute to a woman who is an international leader who happens to have been an African woman. She was deceased in 2011, but we still continue to hold her up as a magnificent symbol of what women bring to the world.

She was an environmentalist, and she was born in Kenya, in the foothills of Mount Kenya. Her name was Wangari Maathai. She was a star student, and as such she won a scholarship to study biology here in America at Mount St. Scholastica College in Atchison, Kansas, where she received a master of science -- no, she went to school in Atchison, Kansas, and she went on to earn a master of science degree from the University of Pittsburgh.

She also earned a doctorate in veterinary anatomy at the University of Nairobi, in Kenya. She became the first woman in East or Central Africa to hold a doctorate degree.

Wangari Maathai was one of the most widely respected women on the continent of Africa and in the world. She played many roles during her lifetime. She was an environmentalist, she was a feminist. She was a politician; she ran for office in her country of Kenya. She was a professor, she was a human rights advocate.

And her most notable contribution to the world, she was a founding member and head of the Green Belt Movement, which was founded in 1977 with the mission to plant trees across Kenya to fight erosion, to create firewood for fuel, and to create jobs for women.

For her work as the founding member and her work in organizing women, especially in Africa, to plant 30,000 trees in their own country, she was awarded the Nobel Peace Prize in 2004 for what the Nobel Committee called "her contribution to sustainable development, to democracy, and to peace." It was a moment of immense pride no Kenya, across Africa and in the world.

Her Green Belt Movement was responsible for planting 30 million trees in Africa, and has helped nearly 900,000 women, while inspiring similar efforts in other African countries and indeed, Mr. President, in our own country.

So I join my colleagues as we celebrate women. And as we celebrate the Month of Women and the Month of International Women, I rise to pay tribute to Wangari Maathai as a world leader as it relates to sustaining the environment which we hope to leave to the next generations in this world.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Montgomery.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: I believe we have another resolution at the desk, Number 769, from Senator Stewart-Cousins. Can we take that up now and read it in its entirety, please.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 769, by Senators Stewart-Cousins and Latimer, honoring Patrick Quinn, a Yonkers native who is credited with creating the Ice Bucket Challenge.

"WHEREAS, It is the sense of this Legislative Body to commend the efforts of individuals who bring vital attention and awareness to important health issues which affect the lives of the citizens of our great state and nation; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor Patrick Quinn, a Yonkers native who is credited with creating the Ice Bucket Challenge; and

"WHEREAS, Born and raised in Yonkers, New York, Westchester County, 31-year-old Patrick Quinn is a graduate of Iona Prep School and Iona College, both in New Rochelle; always very active and athletic, he played basketball in high school and rugby in college; and

"WHEREAS, On March 8, 2013, Patrick Quinn was diagnosed with amyotrophic lateral sclerosis (ALS), often referred to as Lou Gehrig's disease, a progressive neurodegenerative disease which affects nerve cells in the brain and spinal cord; and

"WHEREAS, To heighten awareness and raise money to help eradicate the disease, Patrick Quinn, along with one of his friends, created the Ice Bucket Challenge through social media; the challenge went viral in the summer of 2014 and received national attention from thousands of people, including movie stars, professional athletes, and even former United States presidents; and

"WHEREAS, To participate in the Ice Bucket Challenge, individuals must pour a bucket of ice water over their head and, in turn, nominate a minimum of three others, via social media, to do the same; if the nomination is not met within 24 hours, a donation must be made to an ALS organization; and

"WHEREAS, As a result of the popularity of the challenge, people from across the country, in every imaginable setting, successfully raised awareness as well as donations for this incurable disease; the ALS Association reported it received $62.5 million in donations from July 29 to August 23, 2014, compared to $2.4 million during the same time period last year; these donations have come from existing donors, as well as 307,598 new donors; and

"WHEREAS, In addition to the Ice Bucket Challenge, Patrick Quinn began his own ALS fundraiser, Quinn for the Win, which has raised more than $10,000; and

"WHEREAS, Since the inception of the Ice Bucket Challenge, Patrick Quinn has appeared on numerous media outlets including 'New York One,' 'Entertainment Tonight' and 'Good Morning America'; he has also been nominated for the auspicious 2014 TIME Person of the Year for his contributions in making the ALS Ice Bucket Challenge a global phenomenon; and

"WHEREAS, With him throughout has been his wife, Jennifer, who feels privileged to be a part of his life and rejoices in his achievements; and

"WHEREAS, From time to time this Legislative Body takes note of certain extraordinary individuals it wishes to recognize for their valued contributions to the success and progress of society and publicly acknowledge their endeavors which have enhanced the basic humanity among us all; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Patrick Quinn, a Yonkers native who is credited with creating the Ice Bucket Challenge; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Patrick Quinn."

ACTING PRESIDENT GRIFFO:Senator Stewart-Cousins.

SENATOR STEWART-COUSINS:Yes, thank you, Mr. President.

I rise today to thank Patrick Quinn, who is with us here with his dad, Patrick Sr., and to celebrate what this extraordinary young man has done.

I am sure almost all of us have either done the challenge or been challenged to do the challenge. I was challenged by Senator Skelos on August 18th. And I was hoping that I was going somehow avoid this challenge, and there I see my colleague calling me out, telling me "You've got to do it."

So I tried to figure out how to make it palatable, and one of the things I was able to do was outreach to Pat Quinn, who again is the co-creator of this challenge, and I asked him if he would not be participating in my Ice Bucket Challenge.

It was an extraordinary event. Anybody who hasn't done it, I can call you out, we can call you out, Patrick's here, you know. But the reality was when I looked at him, who has an extraordinary challenge ahead of him -- he's 31, he was going to be a State Trooper up until this diagnosis two years ago. And instead of deciding that it was over and it was finished, he and his friend, Pete Frates, decided that other people were doing this kind of ice bucket challenge, why couldn't they do it for ALS.

So although he's very modest in saying he didn't create the Ice Bucket Challenge, the way they did it created a viral phenomenon that really not only raised extraordinary amounts but, according to Facebook, the Ice Bucket Challenge had 17 million videos posted, 10 billion views, 440 million people engaged. And through September, they raised $115 million. And that, for Pat Quinn, was just the tip of the iceberg, or shall we say the tip of the ice bucket.

(Laughter.)

SENATOR STEWART-COUSINS:Many of you have seen him, and I know Senator Carlucci has a bill, which I cosponsor, about the funding of ALS. Because when Lou Gehrig made this announcement that he had this diagnosis and called himself the luckiest man in the world, there was a lot of attention. And then between then and our own Pat Quinn, there hasn't been so much. And people who might have otherwise not known anything about it, due to this young man and his great support system -- because his brother actually, because Pat could not lift the bucket, but his brother actually poured the bucket of ice on my head.

But the great network that he's had and the relationship that he'd made has really caused us once again to be aware of this disease, this deleterious disease, and find what we can do as a legislature to make sure this extraordinary outpouring of consciousness and money and goodwill doesn't stop.

Because Pat Quinn doesn't stop. Pat Quinn is here, a very long day, talking to as many people as he can, because of his dedication to not so much Pat Quinn, but to prevent people from having to experience what Pat is experiencing just because they need at least a billion dollars to start research and really get a cure.

So Pat, I wanted to thank you for giving all of us and our friends and relatives the opportunity to not only just have ice thrown on our heads but to participate in such a noble and valiant and courageous journey and making sure that each and every one of us here congratulates you for taking something that was out there, making it go viral, making us all know, you know, who you are -- and more importantly, what you stand for -- and letting us know that even in very difficult times we can be generous in spirit and we can be hopeful.

So congratulations, Pat. Thank you for being here.

ACTING PRESIDENT GRIFFO:Thank you, Senator Stewart-Cousins.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco on the resolution.

SENATOR DeFRANCISCO: You know, I was reading the resolution and it says Pat's from Yonkers. I thought you were from Syracuse --

(Laughter.)

SENATOR DeFRANCISCO: -- because you had such drive and courage and fortitude to make something big happen that's worldwide.

I just met Pat and his father yesterday, and I was just so impressed by him and how he acted and how he's taken on this challenge and made it something more than anybody could possibly have believed that would happen.

And I think, because he's a native New Yorker, we should do something in this budget for ALS. And we should recognize what's been happening to so many people and try to help that movement towards a cure by substantial research. And I hope we're going to be able to start that in some way this year.

I just wanted to let you know, for those who are worried, we searched Pat before he came in chambers he has no ice, no buckets, no anything else.

(Laughter.)

SENATOR DeFRANCISCO: And he's not challenging anybody other than to say that as the legislators of his state, we should pitch in and do what we can do.

And some of you saw him yesterday, got a bobblehead of Lou Gehrig. I told him he should have a bobblehead of him that he's passing around, because he's bringing the importance of fighting this disease to a much, much bigger level. And hopefully someday we'll get a handle on it.

Pat and Pat Sr., a pleasure meeting both of you, and hopefully we can help you do what should be done in this state. Thank you for being here.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.

Senator Carlucci.

SENATOR CARLUCCI:Thank you, Mr. President.

Unfortunately, in the United States approximately 30,000 people are living with ALS. And unfortunately, every year another 5600 people will be diagnosed with ALS. And it's because of Pat, because of people like Pat and the good work that you've done, that we're talking about this. And we're talking about it at the kitchen table and at the water cooler and here in the Senate chamber.

And unfortunately ALS doesn't discriminate. We can find it in every corner of the globe. Doesn't matter what race, religion, or economic status we are, we will find ALS.

And it's great -- I want to echo what Senator DeFrancisco said, that we should do something and we should allocate resources to make sure that we're fighting this battle. And I know that if we do that, we can find ways to reverse this trend.

So again, I want to thank Pat Quinn for the work that you're doing to make sure that you're living, you're breathing and talking about this everywhere you go to spread the message, and that if we focus on this we can make a difference. So thank you so much for your commitment to our community and to our nation.

Thank you.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you, Senator Carlucci.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

I'd like to again welcome the Quinns. It's an honor to have you here, Patrick, and you, Mr. Quinn. Thank you so much for your efforts and for being here today. We extend the courtesies of the house to you. Thank you so much.

Let's hear it again for the Quinns.

(Standing ovation.)

SENATOR DeFRANCISCO: Excuse me.

Mr. President, Senator Stewart-Cousins would like to open up this resolution to everyone in the house, unless they choose otherwise, and then they would have to notify you.

ACTING PRESIDENT GRIFFO:The resolution is so open. If you choose to do otherwise, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: We now have another resolution. Would you please take up a resolution that was previously adopted, Number 531, by Senator Ranzenhofer. And if you can read only the title and recognize Senator Ranzenhofer.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 531, by Senator Ranzenhofer, mourning the death of James C. McFarland, former New York State Assemblyman and Senator, and devoted member of his community.

ACTING PRESIDENT GRIFFO:Senator Ranzenhofer, before you begin, I'd ask for some silence in the house, please.

Senator Ranzenhofer.

SENATOR RANZENHOFER:Thank you, Mr. President.

I think we all hope at some point in time after our service in the Senate that somebody remembers us at a later date. And I'm here today to rise on behalf of Senator McFarland, who was an esteemed member of this body years ago.

Some of you, although probably not too many, served with Senator McFarland. And for those who did not, let me just tell you a little bit about him. I had the distinct pleasure of meeting him several years ago, later in his life. He was a very warm and courteous and giving man, and unfortunately died at the age of 84 due to Alzheimer's.

But Senator McFarland was a lifelong Buffalo resident and had gone to school at Riverside High School and then went on to Canisius College and eventually got his law degree from the University of Buffalo in 1954.

He used to reminisce about his days as a caddy at the Lancaster Country Club, and eventually throughout his career developed a love for golf and joined the Buffalo Country Club, where he was a member for many years.

As was indicated in the title of the resolution, he had the privilege of serving on the other side of this floor, in the Assembly, for six years, and then went on to serve in the Senate for another six years with great distinction.

He had the honor of serving with four Governors -- Nelson Rockefeller, Malcolm Wilson, Hugh Carey, and Mario Cuomo. He had the privilege and the honor of serving in the United States Army from 1954 to 1956 and, after his retirement from the Senate, joined the New York State Civil Service Commission, where he worked for many years and then eventually went to the New York Public Service Commission in 1987.

Senator McFarland was a very distinguished member of our community and a very thoughtful individual. He is survived by his wife and by his children and grandchildren. And the kind and gentle manner in which he served really should be a lesson to all of us of how to carry yourself with dignity but also to be an effective member of a legislative body advocating on behalf of your constituents.

I wanted to take a few minutes, Mr. President, to just talk about Senator McFarland. He was a wonderful individual, a man that I got to know a little bit in the later years of his life. And he will be remembered always in the halls of this chamber.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Ranzenhofer.

Senator Farley.

SENATOR FARLEY:Yeah, I rise to speak about Jimmy McFarland, an incredible Senator.

You know, I've served here a long time, but Jim McFarland and Al Lewis -- who used to sit right where you are, Senator Krueger, and became our insurance commissioner, and is the father of David Lewis, the counsel here -- they were a team that would absolutely break up the entire Senate. They used to entertain at functions where both the Democrats and the Republicans used to meet.

And I'll tell you, they could have been on Saturday Night Live or any major comedy show, because they were hilarious. They both played off each other. And Jim McFarland was -- some of the cracks and so forth, he had a great sense of humor. And even though he was entirely different than Al Lewis, the two of them were a team that this Senate has never seen before.

I was sorry that the latter part of his life that he unfortunately had Alzheimer's and so forth, because he had a very facile mind and he was -- I think he was one of the most conservative people I ever met. But somebody -- I remember Bill Conklin said: "Jim McFarland, you belong in Bill McKinley's cabinet."

But anyway, he was a terrific Senator and a wonderful man. And you know, as we pass through this, how quickly we're forgotten. But I just wanted to tell you I remember Jim McFarland, and I wish he and his family well.

ACTING PRESIDENT GRIFFO:Thank you, Senator Farley.

The resolution was previously adopted on February 26th of this year.

I'd ask that we all rise in a moment of silent tribute and reflection in memory of the former late Senator James T. McFarland.

(Whereupon, the assemblage respected a moment of silence.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I'm not sure if this was done when it was passed, but Senator Ranzenhofer wants to open it up for sponsorship, if that's possible.

ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: At this time would you please read the noncontroversial calendar.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 49, by Senator Young, Senate Print 2314, an act to amend the Real Property Tax Law.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT GRIFFO:Lay the bill aside.

THE SECRETARY:Calendar Number 65, by Senator Klein, Senate Print 1523, an act to amend the Penal 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, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 66, by Senator Bonacic, Senate Print 1900, an act to amend the Penal Law.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT GRIFFO:Lay the bill aside.

THE SECRETARY:Calendar Number 81, by Senator Larkin, Senate Print 2259, an act to remove.

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, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator DeFrancisco, that concludes the noncontroversial reading of the calendar.

SENATOR DeFRANCISCO: Could you do the controversial reading, please.

ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.

The Secretary will read.

THE SECRETARY:Calendar Number 49, by Senator Young, Senate Print 2314, an act to amend the Real Property Tax Law.

ACTING PRESIDENT GRIFFO:Senator Krueger, why do you rise?

SENATOR KRUEGER:I would like to ask the sponsor some questions.

ACTING PRESIDENT GRIFFO:Senator Young, do you yield?

SENATOR YOUNG:Yes, I yield.

ACTING PRESIDENT GRIFFO:Senator Young yields.

SENATOR KRUEGER:Thank you.

It's my understanding that this is a three-year extender of a law that we have passed before; is that correct.

SENATOR YOUNG:That, Senator, is correct. And it passed this house 62 to nothing in 2013, and in 2014 it passed 58 to zero.

SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.

SENATOR YOUNG:Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Where has this law been used, and what has been the impact of it?

SENATOR YOUNG:That's a very good question, Senator.

Actually, a similar program has been successfully used in Livingston County. For example, Mount Morris was able to transform their entire downtown area. It had fallen into blight for several years -- vacant storefronts, buildings that were historic and gorgeous but were falling down. And we were able to use a similar tax exemption program there, and their downtown is thriving now. They've brought back small businesses, the sales tax revenues are up for the county, and it's been extreme positive.

We're doing the same thing right now in Dansville, which also is in Livingston County. And we've been able to restore and revitalize several buildings, bring more affordable housing downtown. And that of course brings people who will patronize those businesses in these mixed-use buildings.

So as you travel around upstate, Senator, what you'll see, unfortunately, is several of our downtowns and communities all across the state have fallen on hard times. This is a powerful tool in the toolbox that will allow communities, if they choose to get into this program, to be able to, you know, have the same success that Mount Morris and Dansville have had.

Now, one of the things that has been disappointing to me is that Housing and Community Renewal took several years to put out the guidance and the information about this program. And so that's why we're looking for a three-year extender, because we're just getting in information out. And we need to educate communities across the state that this is something that is available to them if they choose to get into this program.

SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.

SENATOR YOUNG:Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Thank you. I thank the sponsor for her answers.

So she explained that these successes are under a different program. Does that program continue?

SENATOR YOUNG:Yes, that was special legislation. It was a local law that we were able to get through. So it was a local issue. Before we got the 421-m program off the ground, we actually did this locally.

And so Livingston County chose to request from this body -- and it was granted, it was signed into law -- the ability to do basically the same thing.

Because of that success, we decided to expand this program so that all of the areas outside of New York City would be able to benefit.

SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.

SENATOR YOUNG:Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Thank you.

And I do appreciate that things are different in different parts of the state and different programs work in different ways.

And my concerns are 421-a, a similar model, has not really been working as we had hoped in New York City, which doesn't mean 421-m couldn't work for the rest of the state.

Just to double-check a couple of things, it's only at local option that anyone can take advantage of this local property tax exemption?

SENATOR YOUNG:That is correct, Senator. It's at the local option. They can choose to be in it if they want.

It's my understanding that the City of Cortland also has begun to make the decision to get into this program, as has the Village of Brockport.

SENATOR KRUEGER:And through you, Mr. President, if the sponsor would continue to yield.

SENATOR YOUNG:Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Thank you.

So again, just reading, this bill would require that at least 20 percent of dwelling units be affordable to persons or families whose incomes do not exceed 90 percent of median area income and whose rent or carrying charges do not exceed 30 percent of their federal adjusted gross incomes.

Is that still the case for this law?

SENATOR YOUNG:That's correct. So under this legislation, this law that we already have in place, 50 percent of the building would have to be affordable housing. So it's mixed-use.

So, you know, for example, in Mount Morris they have all kinds of shops on the bottom floors and on the top floors they have affordable housing. And as you noted, 20 percent of that has to be at the level -- let's see, it's -- at least 20 percent of that must be available for new affordable housing which is 90 percent of the AMI.

SENATOR KRUEGER:One more question, Mr. President.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Thank you.

And how long do the units need to stay affordable within these program standards?

SENATOR YOUNG:Right. So the way the program works is that it's a 20-year exemption. The first 12 years the property value is frozen at current value. So say you had this historic building in a downtown and the assessed value was, you know, set, that would stay the same for the first 12 years. And then it would ratchet up to 100 percent assessment every two years until they reached the 20-year mark.

So it would go up 20 percent over the next several years. And then at the end of the project, the localities are realizing the full property value assessment benefits through the taxation.

But what it does, it allows developers to have the ability to be able to afford to restore and rehab these buildings. It makes the economics work in these cases.

And as we we've pointed out, it's been very successful in communities in upstate.

SENATOR KRUEGER:You know, I said I had no more questions, but I do have one more if the sponsor would humor me, please.

SENATOR YOUNG:Absolutely.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR KRUEGER:Thank you.

You were describing this program compared to the existing one. I'm just wondering if a locality says, I do want to opt in to 421-m, through whatever process of regs DHCR has set up, do they still have the power to say yes or no on individual projects that apply at the local level, or is it anybody gets in? So if everybody decides they want to go to a specific town and build under this, is there any power of the town to say, No, we close that out for now?

SENATOR YOUNG:It's, you know, on the building. So the locality gets to make the decision based on each individual building.

SENATOR KRUEGER:They do get to make the decision on each individual building.

SENATOR YOUNG:Yes. Yes.

SENATOR KRUEGER:Thank you, Mr. President. I appreciate the sponsor's answers.

I have many concerns about 421-a for my city, and I'm sure that will be coming up within the next few months, but I will be voting yes on 421-m.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.

Seeing and hearing no other Senator that wishes to speak, debate is closed. The Secretary will ring the bell.

(Pause.)

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59.

Absent from voting: Senators Ritchie and Sampson.

ACTING PRESIDENT GRIFFO:The bill is passed.

I'm going to ask the members to stay close to the chamber, please, because we have an additional bill to be considered and debated.

And the Secretary will read.

THE SECRETARY:Calendar Number 66, by Senator Bonacic, Senate Print 1900, an act to amend the Penal Law.

SENATOR SQUADRON:Explanation.

ACTING PRESIDENT GRIFFO:Senator Squadron has requested an explanation, Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

This bill amends Section 240.23 of the Penal Law, aggravated harassment. The bill adds saliva to the list of fluids and intentionally spitting to the list of actions which constitute aggravated harassment by an inmate.

Now, let me tell you what the existing law is. Right now it's a crime for an inmate to cause blood, seminal fluid, urine, feces, or the contents of a toilet bowl to come into contact with an individual he or she reasonably believes is an employee of a correctional facility or the Division of Parole or the Office of Mental Health or a probation department, bureau or unit or police officer when the defendant throws, tosses or expels these substances, causing such employee to come into contact with those substances.

The origin of the bill is why the correction officers asked for it, to ask that it be clarified.

And why is it necessary, why is this bill necessary? It's necessary because, according to the Centers for Disease Control, saliva can cause transmission of numerous communicable diseases, including but not limited to hand, foot and mouth disease; mumps; meningitis, bacterial and viral; and mononucleosis.

Now, I remember last year we had this debate on this bill. And I remember discussion of, Well, what happens if there's a heated discussion between an inmate and a correction officer and, as he's speaking, spit is coming out of his mouth, but he's not intentionally trying to spit on the correction officer?

That would be no crime. You have to intentionally engage in conduct of an intentional act that would cause spitting to go on the correction officer.

ACTING PRESIDENT GRIFFO:Senator Squadron.

SENATOR SQUADRON:Thank the sponsor for that explanation.

If the sponsor would yield for some questions.

SENATOR BONACIC:Of course, yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR SQUADRON:Thank you very much. And thank you for the explanation and some of the clarification there, but there are some outstanding questions.

Does the sponsor know when last this section of law was amended?

SENATOR BONACIC:When it was amended?

SENATOR SQUADRON:When it was last amended and what the addition or change was at that time.

SENATOR BONACIC:You mean when we threw -- with the toilet bowl and that incident?

SENATOR SQUADRON:Yeah, exactly.

SENATOR BONACIC:I don't recall the exact date, but I will tell you my recollection is less than three years ago.

SENATOR SQUADRON:Great. If the sponsor would continue to yield.

SENATOR BONACIC:Yes.

SENATOR SQUADRON:And I would assume not, but does the sponsor remember (a) whether there was a debate on that, and (b) whether it was supported by myself and a majority of all of the conferences of the house?

SENATOR BONACIC:I do not remember that debate because I don't remember what I had for dinner last night.

SENATOR SQUADRON:I am particularly honored that the sponsor, as a result, remembers prior years' debates with me on this bill. All the more honoring.

That bill was passed in 2013 --

ACTING PRESIDENT GRIFFO:Senator Squadron, are you asking the sponsor to continue to yield or --

SENATOR SQUADRON:I am, if the sponsor would yield.

SENATOR BONACIC:I do.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR SQUADRON:Thank you.

That bill was passed in 2013, supported overwhelmingly by every conference in this house, including myself. The underlying issues that the sponsor talks about, and concerns -- look, whether because of health risk or just more significantly because of the need for folks -- corrections officers, those in the Office of Mental Health -- who put themselves at risk every day shouldn't be dealing with much of the action that's already illegal, including throwing the contents of a toilet bowl.

Does the sponsor know what all of those activities in this proposal would make spitting if this became law? What the penalty is for all of these actions.

SENATOR BONACIC:Yeah. Senator Squadron, I didn't catch the full -- I know you're looking down and to the right of the mic. Could you please repeat the question?

SENATOR SQUADRON:Sure. It was long way of asking does the sponsor know the penalty for committing this violation.

SENATOR BONACIC:Class E felony. The spitting will raise it to a Class E felony -- which doesn't apply now -- as well as all those other activities that I spoke about before, Class E felony.

SENATOR SQUADRON:Would the sponsor continue to yield.

SENATOR BONACIC:Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR SQUADRON:Does the sponsor know the penalty range for a Class E felony?

SENATOR BONACIC:I think it's up to four years. It can be nothing, probation -- I mean if you're in jail, you stay in jail. But it could be anywhere from zero to four years additional to what you're in there for.

SENATOR SQUADRON:If the sponsor would continue to yield.

SENATOR BONACIC:Yes.

SENATOR SQUADRON:And it would be a Class E felony, it's one to four years, as the sponsor says.

SENATOR BONACIC:Yes.

SENATOR SQUADRON:And just to clarify here, because I know there's this question of intention. But does the sponsor believe that determining intention on -- and I'm quoting statute here -- determining intention on contact with blood, seminal fluid, urine, feces or the contents of a toilet bowl and determining intention with saliva are equally easy to do for either a charging entity or for a judge or jury?

SENATOR BONACIC:I think what you have to look at is what the Center for Disease says that the fluid can cause. It's a cause/effect conduct, and it's not like does the throwing of a toilet bowl equate with an intentional spitting.

To the degree of activity of culpability? I don't think that's for my judgment. What this is for is the protection of the correction officer. And when they say that saliva of someone who's infected can cause those illnesses that I told you about, then this is serious stuff.

SENATOR SQUADRON:If the sponsor would continue to yield.

SENATOR BONACIC:Yes.

SENATOR SQUADRON:And there's any number of issues about the actual risks here -- and Senator Hoylman is going to speak to that, and certainly I'm going to, in advance, attach myself to what I expect he'll say.

But on the question of intent here, does the sponsor truly believe -- not on the question of danger, on the question of intent, does the sponsor truly believe that determining intent on spitting is every bit as easy as it is on these other, much more dramatic acts, much more upsetting acts -- blood, the contents of a toilet bowl, et cetera, et cetera?

SENATOR BONACIC:You know, let me take one step back and let me give you the definition of intentional act under the Penal Code 15.05: A person acts intentionally with respect to a result or a conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.

Now, the burden of intent exists here. If what you're saying is that talking between inmates and correction officers goes on all the time, and spitting, which could occur from talking -- I say the definition of intent is tough to prove.

So he must literally spit at the officer with the intent to cause harm, which could result in these diseases if he's in fact infected.

So to answer your question to me, every act that you've described is serious if it can cause serious damage to the correction officer.

SENATOR SQUADRON:If the sponsor will continue to yield for a final question.

SENATOR BONACIC:Yes. Yes.

ACTING PRESIDENT GRIFFO:The sponsor yields.

SENATOR SQUADRON:Just to clarify, the actual causing of harm is not a requirement under your proposal.

SENATOR BONACIC:That's correct.

SENATOR SQUADRON:No harm needed. Thank you very much.

On the bill.

ACTING PRESIDENT GRIFFO:Senator Squadron on the bill.

SENATOR SQUADRON:You know, I think that even from this back-and-forth today -- and I very much appreciate both the sponsor's description and his good-faith engagement with my questions and the conversation here.

But it's clear that the sponsor himself wouldn't say that intent is every bit as easy to glean in his proposal as it is in current law. In fact, the sponsor acknowledges that intent on spitting is a much harder thing to determine than it is on any of these other acts.

You know, there's a reason that in 2013 the Legislature came together in a bipartisan way and stood up for corrections officers and stood up against an act that really should never occur, that in fact is even an appropriate Class E felony, and modified this bill to include the contents of a toilet bowl. There's a reason that at that point saliva was taken out.

Many of you who have been here a while may remember that the sponsor and I and the Codes chair and I have been debating this felony spitting proposal for years and years. And it's still a proposal, because felony spitting is every bit as silly as it sounds. It is nearly impossible to determine whether the act occurred at all. It is nearly impossible to determine the intent of the act even if it's clear that it occurred.

And as the sponsor says, there's no requirement here that any harm is either caused or intended to be caused. No harm. All that's required is an intent to harass or annoy.

And I'd like to point out again that it has been suggested by colleagues of mine, including some sitting next to me, that this debate itself is done with simply an intent to harass or annoy.

(Laughter.)

SENATOR SQUADRON:It's not. But it is a clear signal of just how -- and forgive the pun -- just how fluid this proposal is.

(Groans.)

SENATOR SQUADRON:Felony spitting -- felony spitting is not something that we need in this state. Protecting our corrections officers who risk their lives every day, we need that.

The idea that certain acts are so specific, the intent is so clear, the damage or the goal to inflict damage is so clear that we need to penalize them, that's something we need in this state.

To take a spitter and give them another felony, four more years -- these are people already in jail or prison -- four more years for spitting, that just offends the conscience. It doesn't make sense. We showed great wisdom in 2013, operating in a bipartisan, bicameral way to amend this. I'd be happy to look at other amendments. But I think we can all agree that felony spitting is a silliness. It's almost impossible to prosecute, it's almost impossible to determine culpability.

And as I'm sure Senator Hoylman is going to talk about, it's unclear that there's any harm at all, either intended or inflicted, through felony spitting, except perhaps tacking four years onto a sentence because they're a little annoying, a little harassing. And that, as we well know in this chamber, is not and should not be a felony crime.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Hoylman.

SENATOR HOYLMAN:Thank you, Mr. President. On the bill.

ACTING PRESIDENT GRIFFO:Senator Hoylman on the bill.

SENATOR HOYLMAN:I wanted to thank Senator Squadron for illuminating this topic over the last couple of years. He does occasionally spit on me while he speaks --

(Laughter.)

SENATOR HOYLMAN:-- but I will ignore that for the moment; it is not intended.

You know, the issue here, in my humble opinion -- and I have great respect for the sponsor and the intention, which is to protect our corrections officers. But what concerns me is what lies behind this bill. Which is a fear -- that is not based in science -- of HIV/AIDS.

And the reason I say that, Mr. President, is we go back to the committee hearing in 2014. It was asked of the committee chair that the intent of the drafters of this -- and this was the chair's response: The intent of the drafters of this bill is designed to prevent inmates from using bodily fluids as weapons. In light of the AIDS epidemic, there's a lot of fear amongst corrections personnel, end quote.

And, Mr. President, speaking of the CDC, when it comes to HIV/AIDS, they evaluate risk per 10,000 exposures. And you look at blood transfusion, the risk of contracting HIV/AIDS through a blood transfusion, among 10,000 exposures, is 9,250. Needle sharing during injection drug use, 63 incidents per 10,000 exposures. A needle stick, if you're a hospital worker, for example, 23 incidents per 10,000 exposures. Anal intercourse, 138. Traditional penile -- oral intercourse, insertive penile-vaginal intercourse, 4 incidents per 10,000. All of these are extremely low.

But when you get to biting and spitting and throwing bodily fluids, it's negligible. Negligible. That means virtually zero.

So, Mr. President, there is no danger here. The specter of AIDS and HIV does not reside in inmates spitting on corrections officers.

So for that, I'll be voting no.

ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator who wishes to be heard, debate is closed. And the Secretary will ring the bell.

(Pause.)

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 Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

I will be voting no on this bill, and I appreciate my colleagues' explanations of why it's not necessary.

I also just want to highlight that in the budget hearing that took place last week --

ACTING PRESIDENT GRIFFO:Excuse me, Senator Krueger.

Can I have some order in the house, please.

Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President.

In the budget hearing on public protection last week, the correction officers testified that harassment in the jails was going -- harassment against guards was going up, but that any physical assault within a harassment was plummeting, so that the vast majority of harassment charges had nothing to do with physical assault.

I actually think this body needs to take a hard look at the definitions that are used to define assault within prison, because I fear that as we pass these laws we aren't asking ourselves the question are we simply increasing the amount of time people are serving in prison for activities that we might not find appropriate or acceptable but are not worthy of additional years in jail, particularly when we're talking about spending $60,000 to $70,000 per prisoner per year in prison.

We are a country with the highest incarceration rate -- I think in the world at this point. And we have to ask ourselves questions about cause and effect: What are we doing through our criminal justice laws that result in people spending such an enormous time in jail on less serious charges?

So I'll be voting no, Mr. President. Thank you.

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

Senator Hassell-Thompson to explain her vote.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

Normally these are bills that I tend to support because I want to be sure that there is a level of protection for all of our workers or people who work in the prison industry.

But I must caution even those of us who vote for this that we continue to try to educate the public as to the difference. There are in fact some diseases that are transmitted by bodily fluids, but the majority of those are not transmitted by saliva.

And so we have -- as I have continued to say since I've been here, we have an obligation to make sure that we do not send messages of fear to the public through the legislation that we pass, suggesting that all the things that the Health Department tells us are not transmittable, that we're working against the very agencies that we're supposed to support.

So while I understand that this is a form of harassment, that this is a form of sending the message of denigration to the worker, I will be voting in favor. But I do caution us to be clear as to why we're really doing what we're doing.

And thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, how do you vote? Yes?

SENATOR HASSELL-THOMPSON:I am voting in the affirmative.

ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 66, those recorded in the negative are Senators Comrie, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders and Squadron. Also Senator Parker.

Absent from voting: Senators Ritchie and Sampson.

Ayes, 50. Nays, 9.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator DeFrancisco, that concludes the reading of the controversial calendar.

SENATOR DeFRANCISCO: Thank you.

Is there any more business at the desk?

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

SENATOR DeFRANCISCO: That being the case, we are adjourned until Wednesday, March 4th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Wednesday, March 4th, at 11:00 a.m.

The Senate is adjourned.

(Whereupon, at 5:03 p.m., the Senate adjourned.)