Gaveled in 11:28 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 4, 2015
11:28 a.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask everyone present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:In the absence of clergy, I ask everyone to bow their heads in a moment of silent reflection and prayer.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, March 3rd, the Senate met pursuant to adjournment. The Journal of Monday, March 2nd, 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 from state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'd like to take up Resolution 783, by Senator Amedore, and if you'd please read the short title and recognize Senator Amedore.
ACTING PRESIDENT GRIFFO:The Secretary will read Resolution Number 783.
THE SECRETARY:Legislative Resolution Number 783, by Senator Amedore, honoring Emma Detlefsen for her outstanding advocacy, support, and fundraising efforts for lymphedema awareness.
ACTING PRESIDENT GRIFFO:Senator Amedore.
SENATOR AMEDORE:Mr. President, thank you for allowing this great introduction of this fine superhero that I have next to me here. Her name is Emma Detlefsen, and her family joins us here this morning.
Emma took the challenge for raising money and awareness for a very special cause that she so passionately believes in. At the age of 6, a first-grader, she had a team of people, of friends and families, who walked across the Brooklyn Bridge to raise money and awareness for lymphedema.
And she believes that raising money and advocating for this terrible disease -- which she has -- she believes that, in time, research can be developed to finally cure this disease.
So I want to recognize Emma, our superhero this morning. To be in her presence and in all of her great graces, that she is working so hard for so many fine New Yorkers who are suffering from lymphedema and lymphatic diseases, that she is our superhero today in the State Senate.
And, Mr. President, please recognize her and her family: Her mother, Tiffany; her father, Nicholas; and her superhero brother Jacob.
ACTING PRESIDENT GRIFFO:Emma, welcome to the chamber. We welcome you and your family.
The resolution was passed on 3/3/15, yesterday.
It's an honor to have you in the chamber with Senator Amedore. Thank you, keep fighting, and good luck.
(Extended applause.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, would you now call up Senate Resolution 125 and just read the title only, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 125, by Senator DeFrancisco, congratulating the Baldwinsville All-Star Girls Softball Team upon the occasion of capturing the New York State Senior League Championship.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Very briefly, I didn't get a chance on the last resolution. I just wanted to indicate that Emma is a perfect example that good things come in small packages. I just wanted to make note of that.
With respect to the Baldwinsville Girls Softball Team, they were supposed to be here. And unfortunately, in view of the invasion on Albany by many, many different groups today, it was just impossible to make the arrangements and to get here on time.
So all I want to say about this resolution, this group of Baldwinsville softball players from 13 to 16 years of age won a state championship, which is quite an accomplishment in view of what they had to do to make that happen.
So I just wanted to just acknowledge that on this floor, and I'll make certain that I get the members of this softball team a copy of the resolution so that they can be appropriately honored.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
We extend our congratulations to the Baldwinsville All-Star Girls Softball Team on the occasion of capturing the New York State Senior League Championship.
And the resolution was adopted on January 13, 2015.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we now call up Senate Resolution 577, by Senator Kennedy, and read it in its entirety.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 577, by Senator Kennedy, paying tribute to the life, accomplishments and music of renowned rhythm and blues singer Lance Diamond.
"WHEREAS, It is with regret and sorrow that this Legislative Body records the passing of Buffalo, New York, music legend Lance Diamond, noting the loss of an individual whose hard work and dedication helped to bridge the massive chasm between lounge music, old school rhythm and blues, Vegas-style soul and gritty punk-pop; and
"WHEREAS, Lance Diamond of Buffalo, New York, died on Sunday, January 4, 2015, at the age of 81; a musical tribute celebrating his life was held on Friday, January 9, 2015; and
"WHEREAS, In 1970, Lance Diamond began his illustrious career performing with the Pneu Breed band; for many years he toured the United States and Japan with Isaac and the Lance Diamond Show, opening for such stars as James Brown and The Righteous Brothers; and
"WHEREAS, Nicknamed 'the hardest-working man in Buffalo show business,' Lance Diamond was inducted into the prestigious Buffalo Music Hall of Fame in 1992; he was also the recipient of many local music awards; and
"WHEREAS, In a career which spanned more than four decades, Lance Diamond and his 24 Karat Diamond Band appeared at every major local festival and public event; his dynamic personality, his deep croon and his dance rhythms always entertained his adoring audience; and
"WHEREAS, Among Lance Diamond's many fans were the Goo Goo Dolls, who included him on their recordings and performed live with him on many occasions; in recent years, he also hosted a Saturday night radio show; and
"WHEREAS, Lance Diamond distinguished himself in his profession and by his sincere dedication and substantial contribution to the welfare of his community; and
"WHEREAS, Lance Diamond's commitment to excellence, and his spirit of humanity, carried over into all fields of enterprise, including charitable and civic endeavors; and
"WHEREAS, Lance Diamond was an impassioned advocate for Music is Art, an organization dedicated to exploring and reshaping music's cultural, social, and educational impact on our communities; and
"WHEREAS, Fellow musicians recall Lance Diamond's heartfelt motto: 'Give the same for a crowd of three people as you would for 30,000, and give it appreciatively'; he leaves behind a legacy which will long endure the passage of time and will remain as a comforting memory to all he served and befriended; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to pay tribute to the life, accomplishments and music of renowned rhythm and blues singer Lance Diamond; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Lance Diamond."
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you very much, Mr. President.
It's with great honor and pride that I rise to remember the life, contribution and legacy of a musical icon and irreplaceable legend in Buffalo, Western New York, New York State, and across this great country: Lance Diamond.
I'd like to recognize Lance Diamond's sister, Paulette Counts, who came all the way up from Buffalo, New York, this morning to be with us today as we pay tribute to the life and accomplishments of her brother.
While we're saddened by the loss of a person who brought us so much entertainment and joy, we're grateful for the opportunity to have shared in those memories as a community and to really preserve his legacy. See, Lance Diamond was an icon in Western New York, in the City of Buffalo. His personality was as big as this state. His personality was one of love -- love for people, love for entertainment, and love for the City of Buffalo.
He grew in stature and his entertainment touched so many lives that he actually was offered opportunities to play outside of Buffalo and Western New York to the highest entertainment hotspot in the land, Las Vegas -- and he turned it down. Why? Because he loved Buffalo. He loved Buffalo, he loved Western New York, he loved New York State, and he loved the people.
And that's what his entertainment was all about. In the brief conversation I had with his sister Paulette this morning, she said, "You know what, we were brought up to respect other people, to respect ourselves, and really to love one another."
And that's what he did. He exuded this confidence and this presence, so other musical icons became attached to him. The Goo Goo Dolls, that are some of Buffalo's best, they have gone on to gold and platinum records across the nation, across the globe -- they played with Lance Diamond. He played with them. They played off of one another.
The Goo Goo Dolls paid tribute to the life and accomplishments of Lance Diamond at his funeral and said that they grew into the band that they are because Lance Diamond gave them so much to help them grow, as individuals and collectively.
That's the sort of person Lance Diamond was. But his entertainment, his entertainment is what made him thrive.
You know, he had the 24 Karat Band. And anybody that ever saw Lance Diamond -- and you'd be hard-pressed to find anyone in Western New York who hadn't seen him entertain -- knew that when you saw Lance Diamond entertaining, he would put on a show of all shows. He'd entertain the crowd, he'd get the folks engaged in the crowd, he'd do a little bit of ribbing, he'd pull people in, and he'd show off his 24-carat bracelet that was just such an icon as part of this legendary icon himself.
He was a mainstay at the Elmwood Lounge in Buffalo that is still a house of jazz but was often referred to with great reverence as "the house that Lance built."
And with summer coming upon us -- well, it might not seem like it outside, but the clock is ticking fast -- we're going to have festivals and concerts all throughout Buffalo and Western New York. And they certainly will not be the same without Lance Diamond, although his personality, his entertainment, and his legend will absolutely persevere in Western New York, with people in our community as well as the entertainers that will certainly be working simply to carry out his legend.
We're truly grateful for all that he's done for our community and for sharing his gifts, his talents and his entertainment with us for so many years. Lance Diamond will be missed by all of us. May he rest in peace.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Kennedy.
Senator Panepinto.
SENATOR PANEPINTO:I won't speak as eloquently as Senator Kennedy did on this resolution, but as a person who lived two blocks from the Elmwood Lounge for ten years and attended many Friday night shows with Lance Diamond, he was an amazing performer and entertainer. He had a love of live and for the people that he performed for.
My wife and I would always have friends in from out of town; her family is from all over the country. And when they would come to Buffalo, they would want chicken wings, a Bills game, and a Lance Diamond show.
And when my brother-in-law in California, you know, saw Lance passed away, he was one of the first persons to reach out to us. And it's really -- it's an iconic figure that we lose in Western New York.
And so my heart goes out to his family. And, you know, we lost a great artist. So I echo much of what Senator Kennedy had to say.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Panepinto.
The resolution was adopted on February 26, 2015.
We extend the condolences of the Senate to you, Paulette, and to the entire family.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, would you please take up previously adopted Resolution 130, by Senator Hannon, and read the title only and recognize Senator Hannon.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 130, by Senator Hannon, memorializing Governor Andrew M. Cuomo to proclaim February 28, 2015, as Rare Disease Awareness Day in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Hannon.
SENATOR HANNON:Thank you, Mr. President.
This week probably is Health Week, with so many different people involved in the healthcare system in New York visiting us here in the Capitol.
And it's appropriate that we have a resolution in regard to National Rare Disease Day. It began as a movement in Europe, it's flowered right here in the capital, where the Albany Medical Center and College has established the Rare Disease Forum.
There are over 7,000 rare diseases in the world, many of which don't get the attention they deserve. By recognizing those diseases through the resolution, by recognizing Albany Med through its forum, we can give people who suffer from these diseases hope that there will be attention to them, that there will be resources for them, that there will be research on it, and encourage pharmaceutical companies and other researchers in the medical field to pay attention.
So I'm happy to move that this resolution, previously adopted, be continued to be adopted.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hannon.
As noted, the resolution was adopted on January 13th of 2015.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, could we please have the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 11, by Senator Marcellino, Senate Print 1314A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 25, by Senator Ortt, Senate Print 1692, an act to amend Chapter 332 of the Laws of 2014.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 54, by Senator Little, Senate Print 601, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect July 22, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's calendar.
SENATOR DeFRANCISCO: At this time, Mr. President, Senator Skelos hands up the following assignments and asks that such assignments be filed in the Journal.
ACTING PRESIDENT GRIFFO:The assignments will be received and will be filed. So ordered.
SENATOR DeFRANCISCO: Would you please recognize Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
Senator Klein asks that the following leadership positions be handed up and filed with the Journal.
ACTING PRESIDENT GRIFFO:The leadership positions are so received, filed and ordered.
SENATOR DeFRANCISCO: Is there any other business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator DeFrancisco.
SENATOR DeFRANCISCO: Oh, I'm sorry, I forgot Senator Gianaris. I apologize.
Would you please recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:There is additional business.
The chair recognizes Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
One last bit of business. On behalf of Democratic Leader Andrea Stewart-Cousins, the conference hands up the following leadership appointments.
ACTING PRESIDENT GRIFFO:Thank you, Senator Gianaris. The assignments are received, filed and ordered.
SENATOR DeFRANCISCO: Now is there any further business?
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, there is no further business.
SENATOR DeFRANCISCO: That being the case, I move we adjourn until Monday, March 9th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Monday, March 9th, at 3:00 p.m., intervening days being legislative days.
The Senate is adjourned.
(Whereupon, at 11:47 a.m., the Senate adjourned.)
Highest impact first.