Wednesday, March 18, 2015

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Mr. President, I have the following motion. On behalf of Senator Espaillat, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 3857.

ACTING PRESIDENT GRIFFO:So ordered.

Senator LaValle.

SENATOR LaVALLE: Mr. President, can we take up a previously adopted resolution by Senator Marchione, Resolution 463. Would you read that and then recognize Senator Marchione.

ACTING PRESIDENT GRIFFO:The Secretary will read the resolution in its entirety.

THE SECRETARY:Legislative Resolution Number 463, by Senator Marchione, memorializing Governor Andrew M. Cuomo to proclaim March 21, 2015, Down Syndrome Awareness Day in the State of New York, in conjunction with the observance of World Down Syndrome Day.

"WHEREAS, It is the custom of this Legislative Body to recognize official days that are set aside to increase awareness of common genetic variations that affect the lives of citizens of New York State; and

"WHEREAS, It is the sense of this Legislative Body to memorialize Governor Andrew M. Cuomo to proclaim March 21, 2015, Down Syndrome Awareness Day in the State of New York, in conjunction with the observance of World Down Syndrome Day; and

"WHEREAS, 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; there are an estimated 7 million people with Down syndrome worldwide; and

"WHEREAS, One in every 691 babies born in the United States are diagnosed with Down syndrome, making it the most common genetic disorder in the nation; approximately 400,000 Americans have Down syndrome, and about 6,000 babies are born with Down syndrome in the United States each year; and

"WHEREAS, While once extremely fatal, advances in medical technology are helping individuals with Down syndrome to live longer, healthier lives than ever before; with proper treatment, most particularly corrective heart surgeries, as many as 80 percent of adults with Down syndrome will reach age 60 or older; and

"WHEREAS, Down Syndrome International will be celebrating the 10th Anniversary of World Down Syndrome Day on March 21, 2015; the date was chosen to represent the scientific basis of the condition, Trisomy 21; and

"WHEREAS, World Down Syndrome Day is a global awareness day which has been officially observed by the United Nations since 2012; each year the voice of people with Down syndrome, and those who live and work with them, grows louder, but there is still so much more to be done; and

"WHEREAS, More and more New Yorkers are interacting with individuals with Down syndrome, increasing the need for widespread public education and acceptance; and

"WHEREAS, People with Down syndrome in the State of New York possess a wide range of abilities, and are active participants in educational, occupational, social, and recreational circles of the community; and

"WHEREAS, It is the custom of this Legislative Body to recognize the inherent dignity, worth and valuable contributions of persons with Down syndrome as promoters of the well-being and diversity of our communities, and the importance of their individual autonomy and independence, including the freedom to make their own choices; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim March 21, 2015, as Down Syndrome Awareness Day in the State of New York, in conjunction with the observance of World Down Syndrome Day; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York."

ACTING PRESIDENT GRIFFO:Senator Marchione.

SENATOR MARCHIONE:Thank you, Mr. President.

I rise to speak on my resolution memorializing Governor Cuomo to proclaim March 21, 2015, as Down Syndrome Awareness Day in New York State. This designation coincides with the global observation of World Down Syndrome Day.

And in 2015, this marks the 10th annual worldwide observance of World Down Syndrome Day, a special day that does much more than just raise awareness. It's a day that ensures the voices of individuals with Down syndrome and those who love them are heard.

Today must be the start of an important conversation about what our state can do -- what each one of us can do -- to raise awareness of Down syndrome and help spread compassion and love to these bright, shining lights -- not just on March 21st, which would be Down Syndrome Awareness Day in New York State, or on World Down Syndrome Day, but each and every day.

As part of this effort, yesterday I had Lots of Socks delivered to all of you. And today, well, I see lots of socks in the chamber. If you don't mind standing up and showing your socks, this would be a terrific time to show the people who are here how we all have our socks on today.

(Cheers; applause.)

SENATOR MARCHIONE:I thank you so much for taking part in what I hope will become an annual bipartisan tradition in our chambers. Lots of Socks is a fun campaign, but it's a very serious issue. It's a way to break the ice and start a conversation about Down syndrome. It's an important conversation. It's one that we must have.

You know, one in every 691 babies in the United States is born with Down syndrome, and there are more than 400,000 people who are living with Down syndrome in the United States.

Down syndrome occurs in people of all races and all stations. It doesn't care about politics, it doesn't recognize ideology.

We need more resources, more awareness, more understanding and more appreciation for individuals with Down syndrome and the families who love them.

That is the point of my resolution, which I am so proud that all of you supported just yesterday. And I'm deeply honored that today, joining us in our visitor gallery and on the floor, are some very special guests. And I'd like to introduce them to you.

When I read your name, I would ask that you please stand.

With us today is Jessamy Tang, and she is up front. Jessamy is the chairperson for the World Down Syndrome Day Conference to be held at the United Nations, a member of the board of trustees for Down Syndrome International and the Matthew Foundation.

Ms. Tang is a graduate of the Stanford Graduate School of business and the Massachusetts Institute of Technology. Among her many, many achievements Ms. Tang was the founder and CEO of the first ESPN-affiliated media outlet in Boston.

Ms. Tang is presently planning and organizing this Friday, two days from now, the World Down Syndrome event to be held at the United Nations. She's incredibly busy, and I am so honored and truly thankful that she traveled up from New York City to be with us today.

Thank you, Ms. Tang for being here.

(Applause.)

SENATOR MARCHIONE:Also with us are Rose and Valoree Lisi of the Down Syndrome Association for the Hudson Valley; Anne Schneider-Costigas, who's the deputy director at the Down Syndrome Aim High Resource Center in Albany, and Namita Modasra, who's the education coordinator at Aim High. I would also like to welcome their families who are with them.

Mr. and Mrs. Tanski and Andrea Tanski, Patrice VanHeusen and Darren, if you would stand, her husband. These folks are part of the Tearing Up the Turf for Timothy. This group, who just created a 501(3)(c) for education in the last ten years for a golf outing have raised a million dollars to help with Down syndrome. Thank you for joining us.

Also joining us are many families from across the Capital District who have a loved one with Down syndrome.

While all of our guests are special, and I thank them for being here, there are two guests that I want to take just a moment and especially recognize.

One of them is my niece, Kandi Terry, if she would stand. And Kandi is no stranger to Albany. She's worked here for many, many years before she gave birth to her son Nathan, my great-nephew. She is an amazing mom, and she is a terrific advocate.

Nathan is one of our bright shining lights of our family. Nathan's sweet smile lights up a room and can melt even the winter's bitter cold. He is gentle, he is kind, and he is loving. Nathan has Down syndrome.

Nathan is a gift from God, and just like the families with us today who have a loved one with Down syndrome, our entire family is so very thankful, so very lucky to have Nathan in our lives. Nathan, we love you, buddy.

And some of my colleagues here today would also like to speak on this resolution. But I would ask if you would join me now in giving all of these people a wonderful warm Senate welcome.

Thank you, Mr. President.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:We welcome everyone to the chamber today. We thank you all for your efforts and your work. And a special welcome to Nathan.

Senator Seward.

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

I'm very, very pleased to rise in support of today's resolution, and I'm very pleased also to be wearing my pair of Lots of Socks.

And I can give testimony to the fact that it certainly is a conversation starter on Down syndrome. Usually the conversation starts with "Senator, did you get dressed in the dark this morning? You've got some socks that are pretty loud and also don't match."

(Laughter.)

SENATOR SEWARD:But it certainly is an opportunity to talk about Down syndrome and how far we've come and how much further we need to go.

I'm very, very blessed in my district, right in my home area, in fact, to have a facility called Pathfinder Village, which is -- the slogan for Pathfinder Village is "That each life may find meaning." It's both a school and a residential community for Down syndrome children and adults.

And it is a wonderful place for Down syndrome children, even from infants right up, as I said, to the aging, to have a home, be part of a community, to be part of life in general. And we're very, very proud of Pathfinder Village. It has done so much for those who have gone to school there or call Pathfinder Village their home.

Also associated with Pathfinder Village is the Kennedy Willis Center, which is a composite of all of the latest information regarding Down syndrome and how far those that have Down syndrome can truly go in life. It's a great assistance to those individuals and their families.

So I'm delighted to stand in support of this resolution and to salute all those who are working day in and day out on behalf of those with Down syndrome, and particularly their families who can see their loved ones progress so far in life.

ACTING PRESIDENT GRIFFO:Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

Senator Marchione, I thank you for bringing this resolution before this body and, more importantly, to with this resolution begin a dialogue and a conversation on a very, very important subject.

And I thank all of the advocates and volunteers and the young people for coming here and being with us in the chamber to begin that very discussion.

Just very briefly, I hope that as part of that conversation the dreams of any citizen, of any citizen, not encounter any hurdles and that they be able to find a pathway to their very dreams.

And we are today in a society that allows for differences and melding into a homogeneity. And so, as part of that discussion, I hope in a very short period of time we will take another group and make them part of our society 100 percent.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Young.

SENATOR YOUNG:Thank you, Mr. President.

My life has been enriched over the years because I was very fortunate, before I joined the Senate Legislature, to work at an agency for people with disabilities for 15 years. And there I served as an advocate for the people who received the services there, and many of my friends to this day are people who happen to have Down syndrome.

You know, I was talking once to parents -- and as we know, all the Senators know in this chamber, there's so many wonderful agencies that serve people with disabilities across this great state. But they were founded by parents who were activists, who started a grassroots effort to make sure that their children received the services and the education and the training that they needed.

And I remember talking to two parents who were on the founding board of directors, Dan and Loretta Eaton. In the early 1950s, they had a daughter named Margaret who was born with Down syndrome. And Loretta told me that the doctor at that time told them as parents that they should just put their child in an institution because Margaret would never amount to anything. Think about that.

And think about how times have changed because we have worked together as a Legislature, as a government, but also with parents across the state, people with disabilities across the state. Because I believe this has been one of those human rights issues that has really grown and blossomed, and now people have opportunities. They can go to school, they can work, they can become productive members of society. And it's because of what we've been able to achieve.

My concern now is the fact that it seems like in some cases we are going backward. We've seen cuts to programs for people with disabilities, we've seen work settings being closed down. And we need to work together to make sure these opportunities continue in the future.

But my hat is off to these parents and these family members who are here today because you continue that legacy of advocacy, of accomplishment, of achievement, of understanding that every person is so valuable and so unique.

And that we need to do all that we can in state government to make sure that everyone has the opportunity to meet their greatest potential.

So my hat is off to you. We sincerely thank you for being here today. Our day is much better just because you're here. And I thank you and want to work to continue your mission alongside with you.

Thank you.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: I just want to, as Senator Seward did, shout out to an organization of grassroots people in our community that started a place called GiGi's Playhouse in Central New York, an amazing facility with all types of activities and dances and things that everybody really feels warmly about when they go visit and donate to that facility dealing with children with Down syndrome.

So your efforts are expanding. Things are moving in the right direction. And hopefully we will help them move even further.

And thank you, Senator Marchione, for bringing these wonderful people here -- and for the socks. I don't know when I'm ever going to wear them again, but thank you.

SENATOR MARCHIONE:Save them for next year.

ACTING PRESIDENT GRIFFO:As indicated, the resolution was adopted on March 17th.

Senator LaValle.

SENATOR LaVALLE: Mr. President, would you recognize Senator Gianaris for the purposes of an introduction.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

Among the many groups that are here advocating on budget issues today were members of the City Council from New York City. And joining us in the chamber are two from my very own County of Queens.

So I'd ask all my colleagues to welcome them today. We have Councilman Danny Dromm and Councilwoman Karen Koslowitz joining us in the rear of the chamber.

(Applause.)

ACTING PRESIDENT GRIFFO:We welcome the members of the City Council and extend the courtesies of the house.

Senator LaValle.

SENATOR LaVALLE: Mr. President, I'd like to call an immediate meeting of the Finance Committee in Room 332.

ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Finance Committee in Room 332.

Senator LaValle.

SENATOR LaVALLE: Mr. President, can we have the reading of the noncontroversial calendar.

ACTING PRESIDENT GRIFFO:I know people will be exiting the chamber. I would ask that we do it in an orderly fashion.

And the Secretary will begin the reading of the noncontroversial calendar.

THE SECRETARY:Calendar Number 146, by Senator Marcellino, Senate Print 1909A, an act to amend the Legislative Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 120th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Marcellino to explain his vote.

But I'm going to again ask for some order in the chamber, please.

Senator Marcellino to explain his vote.

SENATOR MARCELLINO:Thank you, Mr. Chairman.

I rise to point out that this legislation would ask and require that all sessions be webcast and stored and made available to the general public. Committee votes and committee meetings would also be webcast and made available to those interested who wish to watch it live.

The Senate has done this for years in a bipartisan manner on our own, as a part of our own rules and our own regulations. We are now asking that the other house join us so that this government be open to the public and be as open and as visible to the general public so that if they wish to see what's going on here, they can see, watch, listen and hopefully communicate with their legislators their approval or disapproval of any actions that occur.

So I thank my colleagues for their votes. This bill has passed unanimously in each of the times it has come before us. We do need it to go to the other house, and we'd like it to come to the floor in the other house and be passed. It's a good bill.

I vote aye, Mr. Chairman.

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

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 170, by Senator Gallivan, Senate Print 401, an act to amend the State Administrative Procedure Act.

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:Announce the results.

THE SECRETARY:In relation to Calendar 170, those recorded in the negative are Senators Avella, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders and Squadron. Also Senator Serrano.

Ayes, 52. Nays, 10.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 171, by Senator Gallivan, Senate Print 406, an act to amend the State Administrative Procedure Act.

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.)

ACTING PRESIDENT GRIFFO:Senator Murphy to explain his vote.

SENATOR MURPHY:Thank you, Mr. President. I rise to explain my vote in favor of this legislation.

I am proud to stand here today as a small business owner of two small businesses. In 1999 I started my Yorktown Health and Wellness Center, and in 2006 my family's restaurant.

I can tell you firsthand that the rules and regulations in place suffocate this growth of business in New York State. New York continues to be ranked dead last in small businesses.

And as chairman of the Administrative Regulatory Review Commission, I believe we need to identify and eliminate antiquated rules and regulations.

And on behalf of the business community in New York State, I proudly vote yes on this legislation and urge all of my colleagues to do so too.

Thank you.

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

Announce the results.

THE SECRETARY:Ayes, 61. Nays, 1. Senator Hoylman recorded in the affirmative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 198, by Senator Marchione, Senate Print --

SENATOR LaVALLE: Lay that bill aside for the day.

ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.

THE SECRETARY:Calendar Number 203, by Senator Farley, Senate Print 2896, an act to amend the Banking 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, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 207, by Senator Flanagan, Senate Print 2054, an act to amend the Public Authorities 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.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 223, by Senator Peralta, Senate Print 1250, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 8. This act shall take effect on the first of November.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator LaValle, that completes the noncontroversial reading of today's active list and calendar.

SENATOR LaVALLE: Can we go to motions and resolutions.

ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.

Senator LaValle.

SENATOR LaVALLE: Mr. President, on page number 18 I offer the following amendments to Calendar Number 198, Senate Print Number 3738, and ask that the 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 LaValle.

SENATOR LaVALLE: Is there any further business at the desk?

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

SENATOR LaVALLE: Mr. President, immediately following the Finance Committee, there will be a Republican conference in 332, Room 332.

ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Republican Conference following the Finance Committee meeting in Room 332.

Senator LaValle.

SENATOR LaVALLE: There being no further business before the Senate, I move to adjourn until Thursday, March the 19th, at 11:00 a.m., 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Thursday, March 19th, at 11:00 a.m.

Senate is adjourned.

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