Tuesday, March 24, 2015

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: Yes, I believe there's a report from the Judiciary Committee at the desk. Could you please read the report.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nominations:

Antonio I. Brandveen, of Huntington Station;

Fernando M. Camacho, of Huntington;

Gregory Carro, of New York City;

Margaret L. Clancy, of Hastings-on-Hudson;

Mark Dwyer, of Brooklyn;

Elizabeth A. Foley, of Staten Island;

Marcia P. Hirsch, of Rockville Centre;

Renee Forgensi Minarik, of Webster;

Cassandra M. Mullen, of Howard Beach;

Juanita Bing Newton, of New Rochelle;

Dineen Ann Riviezzo, of Brooklyn; and

Faviola A. Soto, of New York City, all to serve as judges of the Court of Claims.

ACTING PRESIDENT FLANAGAN:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

As I indicated last week, Governor Cuomo gave us 27 Court of Claims judges. This body did 15 last week, and it's our intention to finish to do 12 of the Court of Claims judges today to confirm them.

These judges are all serving on the Court of Claims. We thank Governor Cuomo for giving us judges that have good temperament. They have performed impeccably on the bench. They've done a good job. They deserve reappointment.

They've been through the Governor's Judicial Screening Committee, and they've been through the Senate Judiciary Committee.

So we have in the gallery -- most of the judges are here with their family and friends. So what I'd like to do is put forth the nominees.

But pursuant to the provisions of Section 9 of Article VI of the Constitution, and the provisions of Section 2 of the Court of Claims Act, the Judiciary Committee has reported all of the nominations to the floor.

So let me now introduce the judges and their families.

The first one is Antonio Brandveen, of Huntington Station, term expiring December 31, 2022. And he is here with his spouse, Charlene.

The second judge is Fernando Camacho, of Huntington, term expiring on December 31, 2022. Now, they brought a lot of relatives, so let me get this straight. He brought his bride, Andrea; he brought his daughter Kaitlin; his son James; his mom, Alicia; his brother Carlos; his sister Alicia; his sister Patricia and brother-in-law Christopher; niece Natalie; nephew Joseph; Matthew, nephew; and Alysse, niece. And we welcome you all.

The third judge is Gregory Carro, of New York City, term again expiring on December 31, 2022. And his bride is here, Maryelizabeth.

The next judge is Mark Dwyer, of Brooklyn, and his term would be expiring on December 31, 2022.

The next judge is Elizabeth Foley, of Staten Island. Her term would expire on July 31, 2023. And with her are two friends, Patricia Barry and Lynda Similly.

The next judge is Marcia Hirsch, of Rockville Centre. Her term expires December 31, 2022. And she's here with her husband, Ned, and their daughter Hillary, as well as -- let's see now. Okay. Okay, let me continue.

The next judge is Renee Minarik, of Webster, term expiring on July 31, 2023.

The next judge is Cassandra M. Mullen, of Howard Beach, term expiring on July 31, 2023. She's here with her daughter Victoria Jane.

The next judge is Juanita Bing Newton, of New Rochelle, and her term expires on December 31, 2022. And with her, with this judge -- let me just make sure we got them all -- her granddaughter, Desirae Brown, who came from Portland, Oregon; Cheryl Bing-Howard, her sister-in-law; friend Mabel Atkinson, who by the way is age 96, from Mamaroneck; and friend Nailah Ellis Timberlake.

My next judge is Dineen Ann Riviezzo, of Brooklyn. Her term expires on December 31, 2022. She's here with her spouse, John; her son John; her daughter Grace; her mom, Clorinda; her stepfather, Peter; and her court attorney Colleen Martin-Morris.

My last judge is Faviola Soto, of New York City, term expiring on July 31, 2023, and she's here with Raoul Santiago.

I move all these judges to the floor for confirmation.

And I ask you, Mr. President, for any Senator who wishes to speak on the nominees.

Thank you.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Bonacic.

Senator Marcellino.

SENATOR MARCELLINO:Thank you, Mr. President. I appreciate the recognition.

I rise to second the nominations of two of these fine judges who have been appointed or reappointed today, and that is Judge Antonio Brandveen of Huntington Station, and Judge Fernando Camacho of Huntington.

Both are residents of my Fifth Senate District, and both are known to the legal community, both have great records, both have great reputations. And it is a pleasure and an honor to recognize these two gentlemen and wish them well in their terms.

Serve us well, honor the law and honor your constituents and honor the people. God bless you.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Marcellino.

Before I recognize Senator Bonacic, I just want to add my voice as a lifelong resident of the Town of Huntington. And Judge Camacho, based on what Senator Bonacic described, you have the largest crowd here. But I hope you know, now that you have employment for at least the next seven years, you have to take them all out to dinner tonight.

(Laughter.)

ACTING PRESIDENT FLANAGAN:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

In my haste to get through all the judges, I missed an Irish Court of Claims judge, so I want to make sure that I put her name forward.

And her name is the Honorable Margaret L. Clancy. And she's here with her spouse, Steven Standiford, and her daughter, Catie Standiford.

And when I introduced Judge Hirsch, she had a bigger following than whom I've announced, and I'd like to now recognize them: Edmund Podgorski, her dad; her sister Carol; Michael Carroll, her brother-in-law; Ed Podgorski, her brother; Rosemary Serno, her secretary; and Frank Consigli, her law secretary.

And again, I move Judge Clancy forward for confirmation.

Thank you, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Bonacic.

The chair recognizes Senator Stewart-Cousins.

SENATOR STEWART-COUSINS:Thank you, Mr. President.

And thank you, Senator Bonacic, for acknowledging one of my great constituents, Judge Margaret Clancy, who is -- this is her second reappointment. And she's certainly an extraordinary judge. She came to visit me with her husband and her daughter Catie.

And I know that she will continue her exemplary work on the bench, and so I'm very proud to second-second Margaret and to wish her continued success. And thank you so for representing us in such a great way.

I also stand to acknowledge my friend Judge Juanita Bing Newton, who is just legendary. I knew her long before I got to represent her. And Senator Latimer and I were trying to debate whether, since we share New Rochelle, whether you were mine or -- but the thing is, you're everyone's.

Such a champion for justice, such a champion for diversity, such a role model. She makes sure that people understand that there should be no impediments to justice, ever. And she has worked tirelessly to make that message clear.

And so I'm certainly happy to second her nomination and, again, wish you well, continued success. And thank you both for being such exemplary role models.

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

The chair recognizes Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President.

I rise to explain that I'll be voting no on Judge Mark Dwyer and Judge Renee Minarik.

Now, I don't know, if they had come and been interviewed by the Judiciary Committee, whether I would take a different vote. But I feel quite strongly that since they were unable to attend, because they were on vacations -- which I'm not arguing about -- the Governor should have withheld submitting their names to us today. They should have come up with the next group, which I believe will be in May, and given the Judiciary Committee an opportunity to interview them.

I think it is the precedent of this house that when you are coming up for confirmation for a paid job, even if it's a re-up of a previous term, you should show this Senate the respect of coming through the Judiciary Committee. So I'll be voting no on those two.

Thank you, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Krueger.

The chair recognizes Senator Díaz.

SENATOR DIAZ:Thank you, Mr. President. I rise also to speak, to follow in what Senator Krueger just said.

This morning, during the confirmation in the Judiciary Committee, I was there. And today, now, this afternoon, I would like to express my appreciation to the Governor. First, this group of ladies and gentlemen is mixed. He's got women, a lot of women today. And he has a Hispanic from Santo Domingo. So I'm happy on that.

However, as each one of you said, you should know and you should listen to the people that were -- Senator Bonacic, when he was introducing all of them, he specifically was saying that each one of those judges here are here with their families, their spouses, their husband, their wife, their children.

They're showing, with that action, they are telling the whole world how proud are they, how proud are they to be in front of the Senate, to bring their children, to bring their wife to pay respect to the Senate. And the New York State Senate that they're going to be confirmed by.

And I'm pretty sure they left many things; I'm pretty sure they have many compromises that they put it aside because they were coming in front of the New York State Senate. They asked for the day off, they did so many things, they postponed so many other things to be here with their children, with their families, to be in front of the New York State Senate.

However, two of them, two of them disrespected this body. Two of them took it for granted, a puppet. The Governor sent the nomination, nobody is going to say no, so let me go to Mexico on vacation, one of them said. The other one is in Ireland on vacation.

But the rest of the -- they disrespected not only us, they disrespected their colleagues, the other judges that are here today. Because those judges there sacrificed themselves to be here with their children, with their spouses, with their wife. And the other two, they went to -- they went on vacation. Ladies and gentlemen, they went on vacation, on vacation to Mexico, to Ireland. So I'm on vacation, let the body, that rubber-stamp body vote for me while I'm on vacation.

That's an insult. That's being disrespectful to this body. I'm not saying they are not qualified. Mr. Skelos, I'm not saying they are not qualified, I'm saying they are disrespecting this body. And somebody has to respect the body. Somebody has to say enough. Enough. Somebody has to say come on, you taking us for granted? The Governor is taking us for granted? No, no more. You've got to be here, you've got to come in front of this body, you've got to say present, you've got to show respect to this body, like the other -- like the rest of have them have done.

That's why I'm supporting those ladies and gentlemen that are here today, proudly, but I'm voting against Judge Mark Dwyer. I think he went to Ireland. Well, we're going to confirm him for seven more years. Uh-huh, nice. And the other one, Renee Forgensi Minarik, I think she went -- they went to Mexico. And we have to confirm them for the ceremony -- the other way? Okay, whatever it is. The only thing that I know is that one is in Mexico and one is in Ireland.

I'm voting against those two, and I'm proudly, proudly voting in favor of those judges that are here today.

Thank you, ladies and gentlemen. This is what you should know, and I am State Senator Ruben Díaz.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Díaz.

Senator DeFrancisco.

SENATOR DeFRANCISCO: I rise to defend the two judges who really don't need a defense. Because these judges in the gallery, as well as the judges that are not here, have been waiting for this confirmation for many, many months, in view of the fact that the Governor did not hand down the reappointments.

They were given very short notice to be here on this particular day for this particular event. They always had -- they already had two commitments, and they couldn't be here. Now, they didn't say hold things up because I don't -- I'm not -- hold things up because I'm not going to be there. It was up to the Judiciary Committee to schedule a date. And Senator Bonacic, I think rightly, set the date.

We could have postponed them till they came in. It wasn't their decision. The Judiciary Committee chose to go forward, since they were already the judge of whatever court it was, and they were vetted, and they were going to get confirmed whenever they came here.

I believe that if we adjourned and they came back a different time, they wouldn't be offended, they would understand that. We chose not to. We chose to go forward because of their prior service and their qualifications. So they're not showing any disrespect, in my mind, under that fact pattern.

And I will second all the nominations, and I vote aye.

ACTING PRESIDENT FLANAGAN:Thank you, Senator DeFrancisco.

The chair recognizes Senator Espaillat.

SENATOR ESPAILLAT:Thank you, Mr. President.

I rise to second the nomination of a judge that's here. And she's a judge that has made history in her own right. She was the first Dominican-American elected to the bench across these United States.

And she graduated from a local high school that I represent, George Washington High School, which has, among its alumni, luminaries like Senator Jacob Javits -- we all know that there is even a center on 34th Street, the Jacob Javits Center, after his name. Henry Kissinger came from that high school; Harry Belafonte; Hall of Famer Rod Carew; Alan Greenspan, the former chair of the Federal Reserve; merengue star Milly Quezada; Edwin Newman, a great journalist; our very own Denny Farrell, from the New York State Legislature.

And now we have this stellar judge, Faviola Soto, who's here for her first reappointment, I believe. And her parents came from the Dominican Republic, one escaping the tyranny of Trujillo and the other one escaping a domestic violence situation. And she was born in New York City, and she first became a judge in 1993.

In 1993, she was selected to run for a judgeship for the 7th Municipal District, which is comprised of Hamilton Heights, Washington Heights, and Inwood, and was then elected to Civil Court in New York City. She was reelected in 2003, serving until 2006. After that, she was appointed to the Court of Claims by former Governor Pataki.

She has a stellar history on the bench, and one that makes us all proud. So, Mr. President, I am here to support her -- not only, Reverend Díaz, because she is here, because she is an excellent judge with stellar temperament and great decisions that will make us all proud.

Thank you, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Espaillat.

The chair recognizes Senator Serino.

SENATOR SERINO:Thank you, Mr. President.

I rise today as a mom, a wife, and a public servant. And I have to say we devote so much of our time to the public that, you know, when the judges have time with their families to take a vacation, which I'm sure was planned way ahead of this, I commend them for spending time with their family.

So thank you.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Serino.

The chair recognizes Senator Hassell-Thompson.

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

I rise to second the nomination for Justice Juanita Bing Newton, not only because she's a church sister of mine, but a long-time friend and an extraordinary judge who has not only done her term in terms of the court but has an extraordinary record of education. And her judicial qualifications covered about four pages.

She is also the great-niece of a woman that she wanted to introduce me to this morning when her family came. And when her aunt was turned around in her wheelchair, she said, "This is my 96-year-old aunt," who is here with her today. And I said, "Well, I worked with your 96-year-old aunt 50 years ago, as a nurse." We were nurses together at Mount Vernon Hospital.

It was such an extraordinary reunion, and it just shows how our worlds just continue to revolve around each other.

But I was so proud of the fact that her granddaughter came all the way from Oregon to be with her today too, who's another very extraordinary young woman. And that family has a tremendous legacy of public service.

And that's the point. She comes from a long line of people who believe that public service is no robbery of your time and your talent.

And so I am more than happy to be one of those who seconds her nomination today for the Court of Claims.

Thank you, Mr. President.

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

Before I recognize Senator Skelos, are there any other Senators wishing to be heard?

(No response.)

ACTING PRESIDENT FLANAGAN:The chair recognizes Senator Skelos.

SENATOR SKELOS:Thank you very much, Mr. President.

I rise to second the nomination of Marcia Hirsch, a resident of my home community of Rockville Centre. She was appointed in 2005 by Governor Pataki, served as general counsel to the New York State Division of Housing and Community Renewal.

Eminently qualified, involved in my own community of Rockville Centre with the St. Agnes Parish, but also a former school board member who really has, in the past, has moved our schools forward in a very positive way.

So, Marcia, it's my pleasure to see you. Congratulations, and have a good seven years.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Skelos.

Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

I don't want to diminish in any way this happy day and the importance of confirming the 12 Court of Claims judges. But I would just, for some of the remarks made for two particular judges that did not show up at the Judiciary Committee, I will say that, for us that have been around a while, they did come the first time.

And we know their work. They are an incumbent. And they treat everyone, the people that come before them, they treat the Governor and the Legislature and their families all with respect and integrity and good character, or else Governor Cuomo would never put their names forward.

On the Judiciary Committee, in a bipartisan vote, it was 22 to 1 for all twelve judges.

And so I want to congratulate all of these judges. And I'm a little disappointed that a particular Senator was offended today. But if I recall, last week when we had 15 Court of Claims judges there, that Senator never showed up.

Thank you, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Bonacic.

Senator Díaz, why do you rise?

SENATOR DIAZ:Because I am that Senator. And I -- yes, I didn't go to the --

ACTING PRESIDENT FLANAGAN:Senator Díaz, I would just remind you that Senator --

SENATOR DIAZ:My --

ACTING PRESIDENT FLANAGAN:Excuse me, Senator Díaz, I would remind you that Senator Bonacic's words were as to the Judiciary Committee. He made no specific reference to any Senator.

SENATOR DIAZ:Okay.

SENATOR GIANARIS:Mr. President.

ACTING PRESIDENT FLANAGAN:Senator Gianaris.

SENATOR GIANARIS:A point of personal privilege.

I think Senator Díaz is entitled to respond. It was clear to whom Senator Bonacic was referring. There was one Senator that expressed his offense at nominees not being here, and I think everyone knows who Senator Bonacic was referring to when he alleged his absence from the hearing. I think he's entitled to defend himself on this floor.

ACTING PRESIDENT FLANAGAN:Senator Gianaris, I would agree that Senator Díaz has a right to represent himself on this floor. The only point I was making was that Senator Bonacic made no specific reference to any colleague.

Senator Díaz.

SENATOR DIAZ:Thank you, Mr. Chairman. But he doesn't have to. Everybody knows --

ACTING PRESIDENT FLANAGAN:Everyone knows you, Senator Díaz.

SENATOR DIAZ:Yeah, thank you. I am proud -- I'm proud -- see, I'm an old man. And I don't -- I choose my fights. I fight my own fights. And I'm responsible for my actions. And I know what I'm saying, and what I'm saying is that this body deserves some kind of respect. For too long, for too long people have been taking us for granted. I'm not a leader. I'm trying to defend our leaders. I'm here fighting for my leaders.

But -- but -- but we've got to stop this. People cannot keep taking us for granted, whatever.

And yes, I am offended. I'm offended because I spent a lot of money campaigning, I go knock on doors, I leave my wife and my family so I could become a Senator. Proudly, Senator, representing the -- and then to go through all that and to come here, and people go on vacation when they have to go in front of me? No way, no how.

Yes, I am upset. Yes, I am showing my anger. No way, no how. That's not a way of treating this honorable body.

Thank you.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Díaz.

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

(Response of "Aye.")

ACTING PRESIDENT FLANAGAN:Those opposed, nay.

(Response of "Nay.")

ACTING PRESIDENT FLANAGAN:The ayes have it; the judges are confirmed.

And on behalf of the Senate Judiciary Committee and Senator Skelos and the Senate, we'd like to again welcome the judges and all their families and wish them only the best.

(Standing ovation.)

ACTING PRESIDENT FLANAGAN:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, Mr. President.

May we first please adopt the Resolution Calendar, with the exception of Resolutions 1031, 1047, and 1048.

ACTING PRESIDENT FLANAGAN:Thank you, Senator DeFrancisco.

All in favor of adopting the Rules Committee, with the exception of Resolutions 1031, 1047 and 1048, signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT FLANAGAN:Opposed, nay.

(No response.)

ACTING PRESIDENT FLANAGAN:The Resolution Calendar is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Mr. President, I believe there's a previously adopted resolution by Senator Golden, Number 437, at the desk. I ask that it be read in its entirety and call on Senator Golden.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 437, by Senator Golden, memorializing Governor Andrew M. Cuomo to proclaim September 2015 as Kinship Care Month in the State of New York.

"WHEREAS, It is the custom of this Legislative Body to recognize official months that are set aside to increase awareness of issues that affect the lives of residents of New York State; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is moved to memorialize Governor Andrew M. Cuomo to proclaim September 2015 as Kinship Care Month in the State of New York; and

"WHEREAS, Kinship Care Month is observed in September to recognize children in kinship families, and the grandparents and other relatives who raise them, ensuring their safety, promoting their well-being, and establishing a stable household for these young people to thrive; and

"WHEREAS, In kinship families, a caregiver cares for a child or children who were biologically born to another family member or close friend because the biological parents are unable to raise them; and

"WHEREAS, Nationally, 2.7 million children are living with grandparents and other relatives in kinship care; more than 150,000 of these young people reside in the State of New York; and

"WHEREAS, One in 11 of all children, and one in five African-American children, will live within a kinship family sometime during their childhood; and

"WHEREAS, Kinship caregivers reside in urban, rural and suburban households in every county of this great Empire State, stepping forward out of love and loyalty to care for their young relatives, offering much-needed continuity and security, and providing the best opportunity to retain a child's cultural heritage and community ties; and

"WHEREAS, Kinship Care Month honors the priceless role these grandparents and other relatives play in the lives of the children they love; famous kinship caregivers include President George Washington; and

"WHEREAS, Kinship Care Month also recognizes the accomplishment of countless youth throughout this great Empire State, and across the nation, who, with the unconditional support of grandparents and other relatives, have successfully navigated the emotional trauma of losing their parents; famous youth who were raised in kinship care include Maya Angelou, Sandra Day O'Connor, and President Barack Obama; and

"WHEREAS, It is vitally important that the public grow in awareness of the challenges faced by children, grandparents and other relatives in kinship families; partnerships among the education, legal, social services, mental health, justice, and other systems are necessary to ensure access to the services that can enable kinship youth to flourish in all facets of their life; and

"WHEREAS, Kinship Care Month is reflective of the values of family, community, and the welfare of children shared by citizens across New York State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim September 2015 as Kinship Care Month in the State of New York; 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 FLANAGAN:On the resolution, Senator Golden.

SENATOR GOLDEN:It is my pleasure to stand on Proclamation 437 that proclaims September 2015 Kinship Care Month in the State of New York.

Today we are joined in the gallery, and by some of our people up front here, by the most unselfish people in this entire state. They are the family members who have taken in and cared for children and their families when parents have lost the ability to do so themselves.

These individuals often find themselves taking in a child without any warning or preparation, and yet they manage to be the most loving and supportive people in those children's lives every single day.

It is great to have caregivers from Ulster County, Albany, New York City, and all over the map here today showing that this is important, not only to them but to the State of New York.

The role of these family members who care for a relative's child is undeniably important, but also admirable when we consider that more than 35 percent of kinship families have an income of below $19,000.

Having a healthy family unit is critical to child development and necessary to uphold New York State's commitment to ensuring that our children are provided for. We need to recognize that these people here today and around the state are taking a difficult situation and making it into one that can properly foster a child. We need to recognize the significance of kinship care and the fantastic people here with us today.

Please join me as we welcome these great people. Up front we have Gerard Wallace, the project director of Kinship Navigator, and all of these lovely people that we have here in the audience to my right.

But up in front here, by the clock, we have Cindy Fountain. She has fostered 24 children through her kinship years; 15 of them were not related to her. She has a daughter, Mariah Jane Fountain, who has a master's degree from the University of Alabama in social work, and a son, Malachi, who is 16 years of age today.

She not only has taken care of that number of children, but she has lost three of her children. Three of her grandchildren have journeyed home because of Duchenne muscular dystrophy, which breaks down the body's muscles and the child dies, probably in their teens, and never sees 20 years of age.

This good woman has not only suffered cancer, been bald, and been able to try and get herself up and get her hair back and get her spirit up -- as many of the people up here in the audience, they get out there and the drive is their children. Their drive is being able to take care of their grandchildren and their related loved ones. And it's up to us as a state to make sure that we find the resources to be able to make sure that we fund into kinship.

I thank you, Cindy, and I thank all of the kinship families here today, and you, sir, for the great work that you've done in providing for these families and helping this great state to be the greatest state in this nation.

Ladies and gentlemen, thank you very much.

(Extended applause.)

ACTING PRESIDENT FLANAGAN:Thank you, Senator Golden.

The chair recognizes Senator Stewart-Cousins.

SENATOR STEWART-COUSINS:Thank you, Mr. President.

And I want to thank Senator Golden for introducing this resolution, which is just so appropriate and so important.

A lot of times people just assume that, oh, yes, of course you're going to take a child who, for whatever the reason, is in your family and they don't have anywhere else to go. And most of these very selfless people do just that.

I represent, in Westchester, a great, great group called GrandPower, which is represented here by Carolyn Fluckinger, the executive director, and grandparents, including one from Yonkers, Mrs. Spence. And they came to visit me earlier to talk about kinship care.

But they didn't have to tell me about kinship care. I've known Gerry Wallace for years. And we were able to, in Westchester County, kind of begin this ball rolling when they came to us and they explained, so many of these -- and many of them are grandparents who will all of a sudden know that they have to, for whatever reason, take in their grandchildren.

And these grandparents are very often on a fixed income, and all of a sudden don't have a bed, they don't have a mattress, they don't have anything for these children except their love and their responsiveness to a critical situation.

And they don't get the resources that foster parents get. And if they were to back up at one moment and say "Oh, no, not right now," the kids would go directly into foster care and maybe not be seen again.

Most of them don't want to risk that, and take on their grandchildren and do great things. Their kids, with the support, go on to college, and many of them do quite well.

But in the interim, we, we need to know that we can do better in terms of helping to support these families. And helping to support, again, many of these -- many of them are very senior citizens. I'll talk about Ms. Brown, who's 87 years old, and she has custody of a grandchild that's about 7. And between going in and out of the hospital, she is trying to make it all make sense.

We can help. We must help. I am so happy that you came. I am so proud of this body for passing this resolution. This is part of a national movement. Because if we raise the awareness nationally, then the responsibility to support these families -- this great mother who stands before us -- will be part of our national consciousness.

Thank you for raising it.

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

The chair recognizes Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President.

I rise to also compliment my colleague Senator Golden on this resolution.

And I want to just say that we are recognizing today -- this is not just any ordinary recognition, we're talking about heroes among us. And I want to just say a very special thank you to one of my very own neighbors. I see her going and coming in and out the front door of our building, but today she is here as one of those heroes: Maria Lemons. And she is in our -- thank you, Maria.

(Applause.)

SENATOR MONTGOMERY:This is one of those very special people. Maria was raising two of her own grandchildren, one of whom was a classmate of my own sons, they grew up together. But there was Maria taking on the responsibility, as so many of the grandparents who are here today who we celebrate.

And because of the fact that these people care so much about their own children and their grandchildren -- and even, in some instances, great-grandchildren -- we can offer stability for children in a way that could not happen if they are just thrown into foster care.

And there is an opportunity for there to be cultural continuity, because the grandparents will pass on the history and the love of the family and the traditions.

And we have an opportunity to give to young children something that they cannot get from any other source, and that is the love of someone who is very, very special and for whom they are very special.

So I really am pleased that we're celebrating these heroes among us today. Those who are here, thank you so much. Those who are not here, we also extend our gratitude as a state, as a body and, as our leader has indicated, as a nation. This is really a very, very special moment.

Thank you, Maria, thank you, all of you who are here. And we celebrate you for what you have given to your own children and what you represent to the children of our nation.

Thank you, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Montgomery.

The chair recognizes Senator Savino.

SENATOR SAVINO:Thank you, Mr. President.

I also rise to congratulate and thank Senator Golden for bringing this resolution.

You know, Gerry has been in my office so many times, as many of the kinship caregivers have been.

And I just want to reflect on where we've come in this state with respect to kinship. You know, kinship started out probably as a result of a well-intended policy that really didn't fit the population.

My career actually tracks the kinship case history. I started out as a caseworker in 1990 in the city's Child Welfare Administration. I was hired as a result of a landmark lawsuit brought by the American Civil Liberties Union's Children's Rights Project -- Marcia Robinson Lowry -- and the Legal Aid Society, on behalf of a little boy named Eugene F. And he was a representative of thousands of young children who had been removed by the city's Bureau of Child Protection at the time, or whatever the name of the agency was then.

And what you would normally do is you would take a child -- usually it was a positive toxicity at birth, and there were other children involved -- and you would go out and find a relative. That's what CPS workers did. And you usually would find a grandparent or a maternal aunt or uncle, and you would knock on their door and you would say: "We've had to take your grandchildren from their mother. Will you take them in?" Now, what grandparent is going to say no? None of them. Because this is their family.

And we would drop those children off with those relatives, with a letter that says maybe you can take them to public assistance and apply for some benefits, maybe you could seek something. But basically you were on your own with those children. Even though they were your family, you had no support. And more importantly, you had no legal authority to keep those children.

And this was a very untenable situation, and it set up two systems, where you had children placed in traditional foster care that were given all sorts of benefits and children placed with relatives who got none.

And as a result of this landmark lawsuit brought on behalf of this little boy Eugene F., kinship foster care was created. And for a while it provided a certain level of stability, but it really wasn't the right fit for families. They didn't want to have to be exposed to Family Court intervention the way traditional foster care was -- with neglect petitions, forced to adopt their own grandchildren.

And out of that movement, grandparents and family members created a new sort of program that led to kinship care, which is different than kinship foster care. And that was led by people like you and the people in the audience in here, and the people that Senator Velmanette Montgomery talked about and Senator Golden recognized today.

So we have a better program today than we did when I started out -- good for families, good for children, good for permanency, and a good policy overall. I commend all of you, and congratulations.

Thank you.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Savino.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, it's my understanding that Senator Golden has opened the resolution for everyone to cosponsor. And that will be done unless someone goes to the desk and chooses not to.

ACTING PRESIDENT FLANAGAN:Thank you, Senator DeFrancisco.

Senator DeFrancisco again.

SENATOR DeFRANCISCO: Yes. There's another resolution at the desk, Number 1048, by Senator Díaz. I'd ask that it be read in its entirety and ask for its immediate adoption.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1048, by Senators Díaz and Comrie, celebrating March 26, 2015, as Bangladesh Day.

"WHEREAS, March 26th is the national independence day of Bangladesh; this day is celebrated in Bangladesh and also all around the world in honor of its country's Declaration of Independence from Pakistan in the late hours of March 25, 1971, and the start of the Bangladesh Liberation War; and

"WHEREAS, This day is also a memorial to the deaths of thousands of students, civilians, political leaders, and unarmed Bengali people; the Bangladesh Liberation War started between West and East Pakistan; and

"WHEREAS, West Pakistan believed they were far superior to those in East Pakistan; they gave East Pakistan no privileges; they had a bad economy, and no rights; and

"WHEREAS, The first election in the history of Pakistan was held on December 7, 1970; there were 300 seats in the parliament; East Pakistan won 160 seats and West Pakistan won 81 seats; instead of handing over the power to the winning party, they imposed martial law on East Pakistan; and

"WHEREAS, East Pakistani leader Mr. Sheikh Mujibur Rahman urged the Bengali people to turn their homes into resisting forts; he said: 'Our struggle is for our freedom. Our struggle is for our independence'; this speech is what mainly inspired the nation to fight for freedom; and

"WHEREAS, The West Pakistani army sent a military plan known as Operation Searchlight; it was planned to curb the Bengalis' movement by taking control of major cities, and eliminating all opposition, political or military; and

"WHEREAS, At that time, Ziaur Rahman broadcasted a message that the Independent People's Republic of Bangladesh had been established; and

"WHEREAS, At this point, March 26, 1971, the Bangladesh Liberation War had broken out in the whole country; this was the day the Bengali people stood up to the Pakistani Army; and

"WHEREAS, After a nine-month-long war, the Pakistani army finally surrendered unconditionally; many lives were lost but Bangladesh, as a country, gained its freedom, its independence; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to celebrate Bangladesh Day."

ACTING PRESIDENT FLANAGAN:On the resolution, Senator Díaz.

SENATOR DIAZ:Thank you, Mr. President.

Ladies and gentlemen, good afternoon. You should know that today I take this opportunity to express my appreciation and thanks to the leader of this chamber, the Honorable Senator Dean Skelos, and to all of you, my colleagues, for granting me the opportunity to introduce this resolution.

It is important, Mr. President, to know that today this Puerto Rican is proud to be here representing and recognizing the Bangladesh community. As you remember, just last week on Tuesday, March 17th, I brought more than 50 Garifuna to celebrate Garifuna-American Month in this chamber.

And today, ladies and gentlemen, this proud Puerto Rican from a town called Bayamón, with kinky hair and broken English, is proud to be able to sponsor this resolution celebrating Bangladesh Day for the fourth time here in this chamber.

(Applause.)

SENATOR DIAZ:As you can see, Mr. President and colleagues, today we are joined in the Senate gallery by members of the Bangladesh community from the City of New York, who came all the way here to this chamber, to Albany, to celebrate and to witness this special day.

Eight members of the Bangladesh delegation are joining us here in the Senate chamber. They are Helal Uddin Chowdhury --

(Applause.)

SENATOR DIAZ:-- Mahbubur Jewel --

(Applause).

SENATOR DIAZ:-- Nasreem Ahmed --

(Applause.)

SENATOR DIAZ:-- Nurul Abedin --

(Applause.)

SENATOR DIAZ:-- Mohubub Alsam --

(Applause.)

SENATOR DIAZ:-- Reaz Kamran --

(Applause.)

SENATOR DIAZ:-- Imran Shah --

(Applause.)

SENATOR DIAZ:-- and Imam Muhammad Shahidullah, who gave the invocation.

(Applause.)

SENATOR DIAZ:Thank you for being with us here today.

You should know, ladies and gentlemen, that March 26th is the Bangladesh National Independence Day. This day is celebrated in Bangladesh and also around the world in honor of its country's declaration of independence from Pakistan.

Ladies and gentlemen, it is important to know that today we commemorate and remember the thousands of people who lost their lives in the Bangladesh Liberation War, a war that started on March 26, 1971. It was the day the Bengali people stood up to the Pakistani army.

It's also important to know that the first election in the history of Pakistan was held on December 7, 1970.

December 7, Mr. President and ladies and gentlemen, is a very important day, not only for the Bangladesh community, but also in the history of the United States of America and personally for me and my family.

As I said before, December 7th is a very important day for me to remember. On December 7, 1941, the United States of America was attacked by the Imperial Forces of Japan in Pearl Harbor. On December 7, 1954, my mother, Anselma Martinez, passed away. And on December 7, 1970, Pakistan held its first election.

Mr. President and ladies and gentlemen, on that Election Day there were 300 seats in the parliament. East Pakistan won 160 seats, and West Pakistan won only 81 seats. But instead of handing over the power to the winning party, they imposed martial law on East Pakistan.

The leader of East Pakistan, Mr. Sheikh Mujibur Rahman, urged the Bengali people to turn their homes into resisting forts. He inspired the nation to fight for freedom with the following words: "Our struggle is for our freedom. Our struggle is for our independence."

You must know that on this important occasion, Ziaur Rahman proclaimed to all the Bengali people that the Independent People's Republic of Bangladesh has been established.

Ladies and gentlemen, my colleagues, Mr. President, you should know that after nine long months of war, the Pakistani army finally surrendered unconditionally. Although many lives were lost, Bangladesh as a country gained its freedom and independence. And that is why we are here today, to remember the suffering and sacrifice of their heroes and heroines.

To conclude, Mr. President, once again I want to acknowledge the delegation and express my appreciation to the Bangladesh community that came all the way here from New York City. I say: As-salamu Alaikum! Dhanno-baad!

Thank you very much, ladies and gentlemen.

(Applause from gallery.)

ACTING PRESIDENT FLANAGAN:Thank you, Senator Díaz.

Senator Hamilton.

SENATOR HAMILTON:I just want to thank Senator Díaz for bringing the Bangladesh community to Albany.

So I want to say how are you {in Bengali}. I hope everybody is having a good day today, and welcome to our Senate chambers. I want to say {in Bengali} to you all for being here today and coming up from the city.

I have a large Bangladeshi population in my district. I have one of the most diverse districts in the State of New York. So thank you for being here. And I say have a good evening {in Bengali} And I just want to say thank you, thank you, thank you {in Bengali}.

(Applause from gallery.)

ACTING PRESIDENT FLANAGAN:Thank you, Senator Hamilton.

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

(Response of "Aye.")

ACTING PRESIDENT FLANAGAN:Opposed, nay.

(No response.)

ACTING PRESIDENT FLANAGAN:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, Senator Díaz has offered to open this resolution to the entire chamber. And everyone will be put on unless they choose otherwise. Is that okay?

ACTING PRESIDENT FLANAGAN:Thank you.

SENATOR DeFRANCISCO: Okay, thank you.

The next resolution is by Senator Serrano, Number 1031. It's at the desk. And I ask that the title only be read and ask for its immediate adoption.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1031, by Senator Serrano, memorializing Governor Andrew M. Cuomo to declare 8:30 p.m.-9:30 p.m. on Saturday, March 28, 2015, as Earth Hour in the State of New York.

ACTING PRESIDENT FLANAGAN:Senator Serrano.

SENATOR SERRANO:Thank you very much, Mr. President.

This is a very important resolution, and I encourage my colleagues to join me in supporting it. Earth Hour is this Saturday, March 28th, from 8:30 to 9:30 p.m. And it's a global phenomenon where throughout the world, for that one hour, folks will be turning off their lights and nonessential electronics in an effort to combat pollution and global climate change.

This has a very real and significant impact. Over the years, we've seen the devastating effects that climate change has had in our communities. And we don't need to look throughout the world; in communities like mine, in the South Bronx and in East Harlem, we have some of the highest asthma rates anywhere in the world. And this is direct correlation between air pollution and many of the burning facilities and different ways to generate electricity that are causing these harmful emissions.

So during Earth Hour last year, 7,000 cities and towns throughout 154 countries on all seven continents participated. Even iconic landmarks -- the Eiffel Tower in Paris, Big Ben in London, and even our own Empire State Building -- went dark for one hour.

It is my hope that more and more people will participate in Earth Hour, will make it of a fun and exciting way to educate their children about the importance of our environment and finding simple and easy ways -- just turning off your lights for just one hour this Saturday will have a tremendous impact on climate change.

Thank you very much, Mr. President.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Serrano.

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

(Response of "Aye.")

ACTING PRESIDENT FLANAGAN:Opposed, nay.

(No response.)

ACTING PRESIDENT FLANAGAN:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Senator Serrano, you want to open it up?

SENATOR SERRANO:Yes.

SENATOR DeFRANCISCO: Senator Serrano would like to open up the resolution to everyone in the Senate. And you will be named on the resolution unless you request otherwise.

There's another resolution at the desk, Number 1047, by Senator Panepinto. I ask that the title only be read and ask for its immediate adoption.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1047, by Senator Panepinto, congratulating the 2014-2015 University at Buffalo Men's Basketball Team and Coach Bobby Hurley upon the occasion of advancing to the NCAA Men's Basketball National Tournament.

ACTING PRESIDENT FLANAGAN:Senator Panepinto.

SENATOR PANEPINTO:Yes, I'd like to speak briefly on the resolution.

It's not as weighty an issue as the things we've talked about today, but as a graduate of the Class of 1988 University at Buffalo, a former UB Bulls athlete, I'm proud to honor the UB Bulls Basketball Team, the first SUNY school, along with SUNY Albany, to qualify for the NCAA Tournament.

And I'd like to congratulate Athletic Director Danny White, Coach Bobby Hurley, MAC Player of the Year Justin Moss. And, you know, it's great that SUNY schools are participating in a level that we never would have imagined, you know, as little as 10 or 20 years ago. So congratulations to the UB Bulls for making the tournament.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Panepinto.

Senator Kennedy.

SENATOR KENNEDY:Thank you, Mr. President.

I too rise to congratulate the University at Buffalo Men's Basketball Team on qualifying and representing our great community and our great state in the national tournament.

While they didn't go as far as we would have hoped they had gone and the President chose them to go, they certainly made us proud as Western New Yorkers and as New York State residents.

And I will tell you, the uniforms that the University at Buffalo men's team wore during the tournament showed their New York State pride. The University at Buffalo, in part in my district -- both Downtown, the expansion, as well as the South Campus -- we are so incredibly proud of. And the Men's Basketball Team really did our community in Buffalo and Western New York, as well as our great state, a tremendous service, and we're all very proud of them.

This year, this season, will go down in history -- not just being the University at Buffalo Men's Basketball Team's first opportunity to play in the big dance, the tournament, but they had a school record of 23 wins. And so we look forward to many, many more years to come with the University at Buffalo Basketball Team and the incredible program under Coach Bobby Hurley.

We all know Coach Hurley is a national champion himself. And now as he leads the charge, literally and figuratively, of the UB Bulls into the future, I would submit to you that as the flagship school of the tremendous SUNY system that we have here in New York State and hold so dear, that we should be referring to the University at Buffalo as The New York State University at Buffalo henceforward.

Thank you, Mr. President. Go, Bulls.

ACTING PRESIDENT FLANAGAN:Thank you, Senator Kennedy.

Senator DeFrancisco.

SENATOR DeFRANCISCO: I just wanted to congratulate the University at Buffalo and its representatives for getting to the NCAA Tournament. And I believe they should have done it earlier. If they had thought hard enough about hiring a coach that went to Duke -- Duke -- and had such success, it would have been earlier.

(Laughter.)

SENATOR DeFRANCISCO: But finally you decided to hire a phenomenal coach, and you're going to go in the tournament for the next 20 years, there's no question about it.

And if not, I understand that Senator Kennedy has some additional eligibility left, and he may be able to play in one of those teams.

(Laughter.)

SENATOR DeFRANCISCO: Congratulations.

ACTING PRESIDENT FLANAGAN:Thank you, Senator DeFrancisco.

Senators Kennedy and Panepinto, Senator DeFrancisco's comments have no bearing on the fact that he happened to be at Duke at some point in his career.

(Laughter.)

ACTING PRESIDENT FLANAGAN:On the resolution, all those in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT FLANAGAN:Opposed, nay.

(No response.)

ACTING PRESIDENT FLANAGAN:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Would you please do the noncontroversial reading of the calendar.

ACTING PRESIDENT FLANAGAN:The Secretary will read.

THE SECRETARY:Calendar Number 205, by Senator Bonacic, Senate Print 1677, an act to amend the Labor Law.

ACTING PRESIDENT FLANAGAN:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT FLANAGAN:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT FLANAGAN:Announce the results.

THE SECRETARY:Ayes, 59. Nays, 3. Senators Hassell-Thompson, Krueger and Montgomery recorded in the negative.

ACTING PRESIDENT FLANAGAN:The bill is passed.

THE SECRETARY:Calendar Number 212, by Senator Flanagan, Senate Print 3214, an act to amend the Education Law.

ACTING PRESIDENT FLANAGAN:Read the last section.

THE SECRETARY:Section 35. This act shall take effect July 1, 2016.

ACTING PRESIDENT FLANAGAN:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT FLANAGAN:The bill is passed.

THE SECRETARY:Calendar Number 273, by Senator Griffo, Senate Print 2159, an act to amend Chapter 912 of the Laws of 1920.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT FLANAGAN:The bill is laid aside.

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

SENATOR DEFRANCISCO:Would you please do the controversial reading.

ACTING PRESIDENT FLANAGAN:The Secretary will read. And I would ask the Sergeant to ring the bells.

The Secretary will read.

THE SECRETARY:Calendar Number 273, by Senator Griffo, Senate Print 2159, an act to amend Chapter 912 of the Laws of 1920.

ACTING PRESIDENT FLANAGAN:Senator Krueger.

SENATOR KRUEGER:Thank you. Mr. President, if the sponsor would please yield.

ACTING PRESIDENT FLANAGAN:Senator Griffo, would you yield to Senator Krueger?

SENATOR GRIFFO:I most certainly will, Mr. President. I heard the bell sound, so I'm prepared.

(Laughter.)

ACTING PRESIDENT FLANAGAN:Senator Krueger.

SENATOR KRUEGER:Thank you.

Senator Griffo, in this bill there's a section saying that there will be $50,000 in medical insurance by the entity operating the fights on behalf of fighters. Can you just clarify that's as long as I am an active fighter, I am covered by the insurance of whom? Is it just for the fight? Is it for as long as I'm defined as a professional fighter under this law?

SENATOR GRIFFO:Through you, Mr. President. Senator Krueger, it's my understanding that as a result of -- with the leagues involved in the mixed martial arts, at this point in time, until we can -- because as you know, part of the bill here would allow the New York State Athletic Commission to have the governing authority over the sports and events here in New York State. But the insurance and health and death benefit would be capped and would be provided during the time of their competition.

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

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you continue to yield?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Senator Krueger.

SENATOR KRUEGER:So if I can assume that a competition is one day or perhaps two days' worth of competition, I only have health insurance for those two days, assuming I'm the fighter under this bill?

SENATOR GRIFFO:It's my understanding, Senator Krueger, that you would be covered during the event. So if you're in a match, you would be covered during that match. And obviously if there was any medical condition that arose as a result of that competition, that would be covered at that point in time.

I mean, it doesn't -- I'm not a clinician, nor are you. So I would think if an injury occurred at the bout, then this insurance would cover that. And obviously if there was something that would take a longer period relative to a diagnosis, I would think, if it was related to that bout, that it would be covered. But I would have to ensure that that is completely accurate.

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

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you continue to yield?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Senator Krueger.

SENATOR KRUEGER:Thank you.

Should the people of New York have to pay long-term healthcare costs for people who, because they participate in MMA, years after a bout find themselves with dementia and other chronic traumatic brain trauma disorders? Should that be the responsibility of the people of New York?

ACTING PRESIDENT FLANAGAN:Senator Griffo.

SENATOR GRIFFO:Senator Krueger, I'm not sure what you're getting to with that. So if you can try to explain to me what you mean by should the taxpayers be paying for this.

Because you have a number of sports that occur here in New York State, whether you're in professional football or the NBA; so all of these activities take place in New York State. We have wrestling in New York State at this point in time. So I'm not sure what the difference is that you're trying to point out here.

SENATOR KRUEGER:Through you, Mr. President, I'm only discussing mixed martial arts. That's the only bill on the floor.

SENATOR GRIFFO:I understand that, Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President.

So my question is if I am a mixed martial artist and during the combative activities I trigger or in my body is triggered long-term health effects that show up far later than the day of or the second day after a fight, should the State of New York and the people of New York be responsible for the long-term healthcare costs? Since, as the sponsor already explained, the insurance will only cover the day of or specific to an incident of that specific date and time and place.

SENATOR GRIFFO:Senator Krueger, I have concerns about the State of New York covering health insurance relative to any other problem that would be likewise. You know, you're talking about this particular bill. But if you're going to bring it to this bill, it applies to anybody that's participating in any other athletic competition here in the State of New York. So the same could hold true there.

So I don't believe -- the same could hold true for somebody who doesn't wear a helmet when they're on a motorcycle. We always debate the helmet law here. So I don't believe that this is any different, and it would not be interpreted any differently relative to long-term effects and who may be required to do what than already exists in other sports at this point in time. So I don't know why you would single out one particular sport as opposed to another.

SENATOR KRUEGER:Through you, Mr. President, I'm singling out one specific sport because this bill apparently is specific to one specific sport, mixed martial arts.

SENATOR GRIFFO:And, Mr. President, if I may, Senator Krueger --

ACTING PRESIDENT FLANAGAN:Senator Griffo -- I'm sorry, Senator Krueger --

SENATOR GRIFFO:No, go ahead.

ACTING PRESIDENT FLANAGAN:-- are you asking Senator Griffo to continue to yield?

SENATOR KRUEGER:Is he -- would he like me to yield to a question? I'm confused.

ACTING PRESIDENT FLANAGAN:Senator Krueger, are you on the bill or are you inquiring of Senator Griffo?

SENATOR KRUEGER:I believed I was answering Senator Griffo's question.

ACTING PRESIDENT FLANAGAN:So are you on the bill?

SENATOR KRUEGER:I think I'm back on my turn. Is that all right, Mr. President?

ACTING PRESIDENT FLANAGAN:It's still your turn.

SENATOR GRIFFO:I will yield -- Mr. President, I will yield to this riveting discussion.

SENATOR KRUEGER:Thank you so much.

You previously -- excuse me, the sponsor previously carried a different bill that would include amateur MMA under a regulatory framework, but I believe he has not reintroduced that bill. Is that correct?

SENATOR GRIFFO:That is not correct, Senator Krueger. We intend -- I don't know if that bill has been reintroduced, but it is my intention to reintroduce that bill.

SENATOR KRUEGER:Through you, Mr. President.

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you continue to yield?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Senator Krueger.

SENATOR KRUEGER:I believe he hasn't yet, but I look forward to seeing it.

My question then is on this bill, does he include a requirement for health insurance coverage similar to this bill, since I have not seen that bill yet?

SENATOR GRIFFO:Senator Krueger, we'll be happy to share that bill with you -- as we are working on it right now -- at the time that we are prepared to introduce it.

SENATOR KRUEGER:Through you, Mr. President. So that is a "we don't know the answer yet"?

SENATOR GRIFFO:That is exactly what I just said to you.

SENATOR KRUEGER:Oh. Thank you.

On the bill.

ACTING PRESIDENT FLANAGAN:Senator Krueger on the bill.

SENATOR KRUEGER:So it is no surprise to this house that I am opposed to this legislation. And it's no surprise to me that I will lose yet again in this house on this legislation.

The reason I was asking about medical care and insurance and the impact down the road is because since the last time we had a debate in this house, on this floor, around mixed martial arts, there's been even greater medical research being published by scientific journals that in fact the rate of head trauma for people who participate in mixed martial arts is fairly startling, fairly startling even compared to other competitive sports.

And the impacts are not always as people understood. It's not simply what happened to you if you were knocked out in the ring, a KO, or a TKO, a technical knockout, where you might have fallen and hit your head or been hit in the head but still continued to fight.

It may not have been specific -- in fact, very unlikely specific -- to any one individual bout, but rather the medical research that is building up is documenting that the long-term impacts from having constant blows to your head, specifically, have an effect of a very high rate of chronic traumatic brain damage. And there's a variety of different names used to document this.

But the fact is that people who choose to participate in this sport -- and I've had these debates, so I do understand people say: If someone wants to participate in this sport, why should we stop them? There are other violent sports. And if somebody was bringing bills to this floor changing the rules around other violent sports, I would be happy to research and discuss those.

But the bill that keeps showing up here year after year is specific to MMA, or caged fighting. The mixed martial arts include techniques from a variety of different sports including boxing, wrestling, karate, taekwondo, jujitsu, muay thai, judo and kickboxing.

The American Medical Association describes MMA as a violent and dangerous sport and has expressed its concern about the aggressiveness of the sport and its causing of physical harm; specifically, brain injuries.

The British and Canadian Medical Associations have called for an ending of the sport. They have both recommended outlawing MMA on the grounds of the safety of the athletes. The British Medical Association is opposed to mixed martial arts, caged fighting. The opposition is based on medical evidence that reveals the risk not only of acute immediate injury but of chronic brain damage which is sustained by those who survive a career where they receive repeated blows to the head.

And if you look at the research -- and I became a little obsessive about this, and I printed out endless professional journal articles from the medical research showing the patterns of chronic traumatic brain injury being caused by these kinds of fights. The fights can immediately leave you paralyzed, but more likely the damage done to fighters is done through repetitive injuries to the head that result in long-term damage to their brain, and it's continuing damage that continues for years on end.

It's also, interestingly, specifically the kind of brain damage that causes lack of impulse control. Now, some people might say if you like to participate in competitive violent sports you might have an impulse-control issue anyway. But apparently there's a correlation between this kind of traumatic brain injury and losing your impulse control in the brain, which makes you more likely to walk yourself into a dangerous situation in yet another bout in the future, or it may also perhaps explain the high level of violence outside of the cages in the personal lives of any number of the people who participate in these fights.

I have started to wonder whether the United States is actually -- because we do license this in most states, and because people apparently do enjoy watching it. There's money to be made. And yet the people who are going to pay the biggest price are both the fighters who, after their competitive career has ended, will statistically very likely find themselves in an early dementia pattern, early Alzheimer's, inability to move on in their lives or in a career. So they pay a very serious price, even though I will have people tell me they made that decision.

But my question specific to who's responsible for medical care is -- when I reviewed the research, very little of the medical cost is associated with immediate activity. If the damage is too great, the fighter dies and then there's not really medical costs.

And if the damage is, as the medical journals show, microscopic brain damage caused by the repetitive contests that ended in KOs or TKOs, the fact that a fight can continue despite a fighter having been TKO'd multiple times in the same competition, the fact that the long-term costs for patients with Alzheimer's and dementia average way over $100,000 a year -- and if you're talking about young people, because I think we would agree competitive fighters probably fall into the category of young people, they're going to get their dementia and Alzheimer's as young people and then they're going to cost us, the public, an enormous amount of long-term care to pay for them for the rest of their lives.

I don't see anywhere in this bill that the promoters or the companies that run these competitions have any obligation to cover the long-term healthcare costs of these damaged people. In fact I think, as I just understood it, insurance only applies to the day of or perhaps a two-day period. That's clearly not when the costs long-term are going to have to be paid.

And then, perhaps most disturbing to me, even though my colleague says he will reintroduce a bill that we should have passed years ago which was to put limits on or regulate or absolutely outlaw nonprofessional MMA, despite the fact that the research shows that the dangers to young unformed brains from repetitive KOs, TKOs, is even a greater risk to amateurs, to children who are participating in MMA -- and in fact the growth in the attention to the sport is specifically around amateur, unregulated fights, where plenty of people make money -- the fighters just don't make money -- and therefore no rules apply. And this state is doing nothing about that.

Again, the clinical spectrum of sports-related traumatic brain injury {paging through documents}. The battle scars of sports-related brain injury, the American Journal of Sports Medicine. The American Orthopaedic Society for Sports Medicine reports.

In addition to brain damage, an additional problem that is being seen is the activities called cutting weight and dehydrating in order to meet the weight requirements for MMA. One recent study found that 39 percent of MMA fighters were entering competition in a dehydrated state. Heat issues and death in athletes have already happened in the sports of wrestling and MMA. It's been shown that excessive weight loss, rapid weight loss, repeated cycling of weight gain/loss causes decreased performance, hormonal imbalance, decreased nutrition and increased injury risk, including decreased muscle strength, decreased heart and cardiovascular function, heat illness, decreased kidney function, mood swings and mental changes, adding to the impulse-control problems the actual damage to the brain is documenting. Increased risk of brain injury. Just when you thought you couldn't get worse if you were in the MMA field.

So that this is a sport that goes far beyond most other competitive sports and even fighting sports as far as the long-term and the short-term impacts.

There have been some who have said and even written letters that surely women should like MMA and particularly enjoy seeing women as MMA professionals because they're becoming high-earning athletes and gaining esteem for women among the sport.

I believe there might have been a guest here in the Capitol today -- or the other day, I'm not sure -- Ronda Rousey. Her claim is that women shown fighting on TV shows, "That's okay for us. It's okay, it shows that we are strong and it shows it's okay for us to fight."

I would argue, as some others have, that we can best show little girls how to be strong and fight by encouraging them to be lawyers or doctors or engineers. We can skip the brain-damaging sports like MMA and encourage more women and girls to become professionals. "We definitely don't want females promoting their tits and ass while wearing skimpy, stupid costumes to fight or fake fight each other like some kind of combined wet T-shirt contest and bar brawl in a mud pit to be the example we offer our daughters." I'm quoting someone else who wrote this, not myself, but I was so impressed with the poetry of the point.

This is absolutely the wrong direction for New York State to go. The fact that somebody has said we will make a million dollars in tax revenue if we pass this piece of legislation, in my opinion, Mr. President, is an insult to all 19.5 million New Yorkers. We should not be choosing to earn our tax revenue by supporting people who don't know better, allowing themselves to be exploited for someone else's gain and causing themselves long-term mental death and perhaps short-term death.

It brings out the worst in us. It teaches our children violence is to be admired and supported. It puts our children in incredibly dangerous situations. Because again, if I might argue it's dangerous and the evidence is clear that it's dangerous for quote, unquote, licensed professionals to participate in this sport, imagine young people doing it on the blacktop of their school or on the sidewalks to and from home.

This is a particularly dangerous activity. It is a dangerous activity that unfortunately the people who are participating don't necessarily understand the price they're paying. But as legislators, I think we're all capable of reading medical journals, we're all capable of looking at the research, we're all capable of understanding that our job, our fundamental job as elected officials is to try to do our best to protect the public interest.

You hold up the evidence of the damage being done and to be done in the future to these people against a million dollars in tax revenue or somebody making some money off the sport, and I have to say I can't find any justification for passing a law like this.

I do hope the sponsor will quickly bring a bill to the floor to outlaw the amateur fights that are going on. Because I have reviewed some of the blogs about amateur MMA, I have watched some of the YouTube presentations on amateur MMA that are going on throughout the state apparently every weekend. And it's terrifying because there's no pretense of regulation.

So I do hope that soon we will have a different bill to look at, and I hope that bill will actually outlaw explicitly amateur MMA, absolutely outlaw any activity for minors to participate.

And if for some reason anybody wants to really look at the long-term healthcare costs of this sport, whether amateur or professional, perhaps they'll want to ensure adequate health insurance and disability benefits for the people who are participating -- although I personally think a better use of the money would be a mass public education campaign about the true dangers associated with allowing anyone that you care about to get into a mixed martial arts fighting ring.

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

ACTING PRESIDENT FLANAGAN:Thank you, Senator Krueger.

Senator Kennedy. I apologize, Senator Kennedy, I thought you were on the list.

Senator Hoylman.

SENATOR HOYLMAN:Thank you, Mr. President. Would the sponsor yield for a few questions?

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you yield to Senator Hoylman?

SENATOR GRIFFO:I do yield.

ACTING PRESIDENT FLANAGAN:Senator Hoylman.

SENATOR HOYLMAN:Thank you, Mr. President. Through you.

Did the sponsor consider the numerous medical studies, journals and reports about the dangers of mixed martial arts before he drafted the bill?

SENATOR GRIFFO:Mr. President, through you. Senator Hoylman, absolutely.

And what the essence of this bill is again doing is to appreciate many of the differences of opinion and concerns that may have been raised by various individuals. The New York State Athletic Commission would have the authority and the responsibility to ensure not only what already exists within the league rules and regulations, but to potentially even enhance that if there was any concern about additional safety hazards or problems that could arise that would be brought to our attention.

For instance, as a correction, Senator Krueger talks about dehydration happens on a regular basis. I think that's a misrepresentation, unfortunately. Because before each fight, a fighter has to undergo a physical. So I don't know any medical doctor that would allow someone who's dehydrated to enter the ring. So that's impossible that the statistic is -- you're finding things being pulled up I think for the purposes of trying to advance a particular philosophic belief here.

So relative to the question, Senator Hoylman, there have been a number of reports done. You will have reports cited by those who are opposed, such as a study that was done in Canada, and that study was done based on watching videos. But yet you have a study done by Johns Hopkins, a very well respected medical institution here in the United States, that finds contrary to what the reports of the Toronto study have said.

There's an ongoing now study, a comprehensive study which I believe will be very informative and very helpful as we try to ascertain any potential health problems from a health perspective, and that's being undertaken by the Cleveland Clinic. Now, there's another great medical institution in our country that I have high regard for, and I look forward to seeing that.

So I think studies are being done. And the studies that we have looked at in conjunction with professionals, clinical professionals, indicate contrary to what has been represented to a certain extent here today.

SENATOR HOYLMAN:Would the sponsor continue to yield.

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you continue to yield?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Senator Hoylman.

SENATOR HOYLMAN:Mr. President, so if the sponsor recognizes that there are ongoing studies -- although he does recognize that there have been numerous studies, including the American Journal of Sports Medicine from May of just last year, that showed that MMA fighters suffer traumatic brain injury in almost a third of their professional bouts.

If that's the case, Mr. President, then could the sponsor please explain why the rush? Why can't we let this body sort through the medical information before us before we legalize professional mixed martial arts?

SENATOR GRIFFO:Mr. President, through you. Senator Hoylman, as I said, I think there are a number of studies that show that the sport, under the existing rules and under any potential enhanced rules, will do everything they can to protect the fighters and to ensure safety of all those participating as well as those who are in attendance.

So as I indicated, some of the studies -- I'm not a clinician, so I can look at them and we can all look at them differently. But I would rely on clinical experts. As I said, Johns Hopkins has done work on this, and their finding is different than what you had just cited. So we can look at this from a lot of different ways, from a lot of different reports.

But at this point in time, from the clinical studies that we have reviewed with professionals who have the ability and the authority to oversee this, that's why we are moving forward at this point in time.

SENATOR HOYLMAN:Would the sponsor continue to yield?

ACTING PRESIDENT FLANAGAN:Senator Griffo?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Yes, Senator Hoylman.

SENATOR HOYLMAN:Through you, Mr. President. Other than the Johns Hopkins study -- which I'm not certain, Mr. President, that it actually leads to the conclusion that the sponsor says it does -- can the sponsor, for the benefit of this body, cite another study that shows that mixed martial arts is in fact safe for the participants, professional mixed martial arts is safe for the participants? Can the sponsor name one study in that regard?

ACTING PRESIDENT FLANAGAN:Senator Griffo.

SENATOR GRIFFO:Senator Hoylman -- through you, Mr. President -- as I indicated to you earlier, neither you nor I are a clinical expert at this. So I am comfortable with the rules that exist at this point in time, with the studies that I have seen, such as the Johns Hopkins study. And I believe that there are sufficient rules in place that govern this sport as opposed to other sports.

And as you know, Senator Hoylman, in any contact sport there is risk and potential injury. And people do that of their own volition, contrary to the earlier indication that someone is being coerced into this. I don't agree with that. Individuals participate -- we live in a country where there's free choice and free will and people have the opportunity to make those decisions accordingly.

We can do our best to provide the safety measures and the rules and regulations to ensure that, and I think that's being done. And that's why this bill is before the house.

SENATOR HOYLMAN:Would the sponsor continue to yield?

ACTING PRESIDENT FLANAGAN:Senator Griffo?

SENATOR GRIFFO:I do.

ACTING PRESIDENT FLANAGAN:Senator Hoylman.

SENATOR HOYLMAN:Thank you, Mr. President. Through you.

I think the record should show that the sponsor has not shared a single study that he would suggest that mixed martial arts is safe for the participants.

But I do have another question. I wanted to know if the sponsor could point out in this bill where there are protections for fighters, physical protections. What kind of coverings or pieces of the uniform might protect their body?

SENATOR GRIFFO:Well, Mr. President, through you. Again, essentially, Senator Hoylman, the bill outlines not only the existing rules that are governing the respective leagues involved in the mixed martial arts, but also the opportunity exists when we give the ability and the authorization to the New York State Athletic Commission to review if there's any further requirements that may be necessary.

So it may go to the point of your question, the weight classes are very similar. They're not like they are sometimes in the boxing profession. And there's the size of the gloves that are being used, and some of the other equipment.

And as far as the rules as to what is allowed and not allowed during the competition, where you're not going to be able to take advantage of someone, there will be a referee in the ring to know when the bout should be stopped, based upon their training and expertise.

SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?

SENATOR GRIFFO:Absolutely.

ACTING PRESIDENT FLANAGAN:Senator Hoylman.

SENATOR HOYLMAN:Thank you. Thank you, Mr. President.

Could the sponsor point out where in the bill there are -- I'll ask again, specifically, if he could point out where in the bill there are protections, physical protections for the fighters.

SENATOR GRIFFO:Mr. President, through you. Senator Hoylman, I'm not sure exactly what you mean by that. If you're talking about, you know, the size of their gloves, are they wearing -- they're wearing -- they're obviously using gloves. That the rules that govern ringside that tell a referee when they should stop a fight or not stop a fight based upon the condition of the fighter.

If you're talking about do they wear a mouthpiece that protects the mouth -- I mean, I don't know exactly each and every aspect. And I'm not sure if you're referring to something specifically.

I think the males would probably be wearing a cup. But, I mean, I don't have anything more specific than those type of elements that would be consistent with that sport as well as with professional boxing in that regard.

SENATOR HOYLMAN:Will the sponsor continue to yield, Mr. President?

ACTING PRESIDENT FLANAGAN:Senator Griffo, do you continue to yield?

SENATOR GRIFFO:Yes.

ACTING PRESIDENT FLANAGAN:Senator Hoylman.

SENATOR HOYLMAN:Thank you, Mr. President.

Yeah, for the sponsor's benefit, yes: On page 10, no participant shall be allowed to compete in any such match or exhibition without wearing a mouthguard and a protective groin cup.

Does the sponsor believe, given the voluminous studies cited by the sponsor himself and Senator Krueger, does the sponsor believe that a mouthguard and a cup are sufficient, given that MMA fighters suffer traumatic brain injury in almost a third of professional bouts?

SENATOR GRIFFO:Mr. President, through you. Senator Hoylman, as I said, I don't -- last I knew, you were Senator Hoylman and I was Senator Griffo. You're not Dr. Hoylman, and I'm not Dr. Griffo. So I'm not sure either one of us is an expert in determining what should or should not be worn for protection in this type of competition.

If you look at -- in professional wrestling, professional boxing, all of them have certain rules and regulations. And I believe that the rules and regulations that exist, along with the officials and the medical personnel that are at ringside, will ensure that that fighter is protected properly.

But each sport has a different uniform and different nuances to the sport. And in this particular case, this is what this brand of the mixed martial arts has for equipment. You walk into a -- people can always discuss what should be worn and what could not be worn. I mean, that's an opportunity maybe to discuss with the Athletic Commission. If you believe that there should be headgear worn and headgear is not being worn right now, that may be something for them to consider.

That's done in amateur activity, but not in professional. The same in boxing. If you look at amateur boxing, there's headgear worn, but in professional boxing there is not.

So I think in this particular instance that's the best I can give you as far as what is presented right now by rules of the league and the medical supervision that is at ringside, and what potentially may be considered within the realm of the New York State Athletic Commission to consider upon having the opportunity to govern this sport.

SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?

SENATOR GRIFFO:Sure.

ACTING PRESIDENT MARCELLINO:The sponsor yields.

SENATOR HOYLMAN:Thank you, Mr. President.

Is the sponsor familiar with the recent NFL class action lawsuit regarding brain injury and former and deceased players and their families?

SENATOR GRIFFO:Mr. President, through you, I am not familiar with each and every aspect of that. I know that there have been some cases where they have found chronic traumatic encephalopathy, CTE. Some of that results from the nature of that competition and the fact in the NFL, when you suffer a concussion, you may continue to play with a doctor's approval.

As contrasted in the UFC, if you are diagnosed with a concussion in any way, there's a mandatory 90-day period where you cannot participate in any fight and then you must go and receive a doctor approval to eventually compete after that. And during that 90-day period, you are not allowed to have any kind of contact, physical contact at all.

SENATOR HOYLMAN:On the bill, Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Hoylman on the bill.

SENATOR HOYLMAN:I want to thank the sponsor for the conversation, which is a serious and important one.

And I thank him for acknowledging the studies that he himself points out regarding CTE and the dangers that it poses to mixed martial arts fighters. The most recent studies show that even worse than football, mixed martial arts fighters are bound to suffer long-term health effects well after they leave the ring. And those include dementia, Parkinson's disease, Addison's disease, various neurological defects, Alzheimer's.

And this is a very expensive proposition for this body. Because as you heard the sponsor acknowledge, the National Football League suffered a similar dilemma for the last 50 years or so. They recently settled for over a billion dollars with their players. Now, I think this is as predictable as the sunrise that we're going to have the same situation regarding mixed martial arts.

And I have to say, Mr. President, the protections for the fighters, the equipment for the fighters is so flimsy. It's basically a mouthguard and a cup. But the dangers to the brain -- we're more concerned, clearly, about balls than brains. And that, I think, is going to lead us to a very unfavorable outcome.

ACTING PRESIDENT MARCELLINO:Senator -- Senator, we can tolerate a lot and we can get colorful here. But can we kind of level it off? Thank you.

SENATOR HOYLMAN:But I'll point out, too, that regarding the National Football League, which has its own experience with CTE and brain injuries, just last week a young man, the linebacker for the 49ers, retired at age 29 because of explicit concerns about head trauma and brain injury. That follows on the heels of another player, also a linebacker for the 49ers, who retired at age 30. A cornerback, Cortland Finnegan, who played for the Miami Dolphins, he retired at age 31.

All of these players are recognizing that chronic disease, chronic traumatic encephalopathy, CTE, as it's known, has long-term impacts that are going to cost this state and the taxpayers of this state a lot of money.

Mr. President, I would argue that we should be looking instead at incorporating this bill into a broader package that would include protections for the fighters. More than just this $50,000 one-time-only expense for fighters in the ring, we should be creating a compensation fund for these fighters.

It's predictable, Mr. President, that they are going to have long-term health impacts. We as taxpayers should not be bearing the burden of that. They should not be wards of the state. If they want to participate of their free will, let them. But let's let the UFC pay for it, and all the promoters and all the people who want to go see this kind of thing. The taxpayers should not be paying for that.

I have a bill, Mr. President, that would create such a fund. It's sponsored by Assemblymember Farrell in the Assembly. And it would be charged with securing blanket health-insurance coverage for the benefit of all the professional MMA contestants who sustain physical injuries as a result of participating in sanctioned New York State MMA events.

Mr. President, I think that it's really high time that this body takes a serious look at incorporating some sort of systemic health plan for these fighters. I know they're up here trying to get us to pass this bill. But I think as legislators we should be concerned about their long-term health, we should be considerate of their families, and we should be concerned about the future healthcare costs that they are likely to impose on us.

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

ACTING PRESIDENT MARCELLINO:Thank you, Senator.

Senator Hamilton.

SENATOR HAMILTON:Yes, Mr. President. May the sponsor yield to a question, please?

ACTING PRESIDENT MARCELLINO:Senator Griffo, do you yield for a question?

SENATOR GRIFFO:Sure.

ACTING PRESIDENT MARCELLINO:Sure.

SENATOR HAMILTON:Yes, Senator Griffo. As you know, my district is in the great county of Kings County. We have 2.4 million people, the largest county in New York State. We are an emerging entertainment and sports county. We have the baseball team Cyclones, we have the professional basketball team the Brooklyn Nets. Also, we will be having -- which will play in the great sports complex called the Barclays Center. And soon to have the New York Islanders coming to the Barclays Center to play.

As you know, Brooklyn is the birthplace of Mel Brooks, Al Capone, Barbara Streisand, Spike Lee and Jay Z. I was a Junior Olympics boxer, and I boxed. And I stopped boxing when I sparred with Mitch Green and I realized it was not the sport for me.

So the question to you, Mr. Griffo, knowing that Brooklyn County is the largest county in New York State, when will MMA be coming to Brooklyn?

(Laughter.)

SENATOR GRIFFO:And from Oneida County to Kings County, Mr. President, as soon as this bill gets passed, I can tell you probably the sites that -- we hope to see this across New York State. Because there are concerns from all aspects of this. Obviously we want to ensure the health and safety of the fighters as well as the spectators.

There is an economic impact, and I think there's an interest in New York State and across all of New York State. But obviously the premier facilities, as an upstater I will tell you this, the two premier facilities that I think most people covet is Madison Square Garden and now the Barclays Center. So I believe that both of these facilities will see major events and will generate a lot of interest, activity. And I know that everybody will be taken care of properly.

SENATOR HAMILTON:Thank you, Senator Griffo. And thank you for taking into consideration the fighters. And thank you for this bill. Thank you so much.

SENATOR GRIFFO:Thank you.

ACTING PRESIDENT MARCELLINO:Senator Panepinto.

SENATOR PANEPINTO:Yes, Senator Griffo -- I have a question, Mr. President.

ACTING PRESIDENT MARCELLINO:Senator, would you yield for a question?

SENATOR GRIFFO:I will.

ACTING PRESIDENT MARCELLINO:He yields.

SENATOR PANEPINTO:Thank you, Mr. President.

Mr. President, I'd like to know, other professional sports -- football, ice hockey -- are covered by workers' compensation statutes. And was that given any consideration with MMA?

SENATOR GRIFFO:Mr. President, Senator Panepinto, I don't have an answer for that actually at this point in time. I'm sure we can review that. I'm not sure that that's the case. But we will review it and we can give you an answer on that.

SENATOR PANEPINTO:Thank you very much. I appreciate it.

ACTING PRESIDENT MARCELLINO:Thank you, Senator.

Senator Kennedy.

SENATOR KENNEDY:Thank you, Mr. President.

I've long been a proponent of this bill, along with --

ACTING PRESIDENT MARCELLINO:Senator, are you on the bill?

SENATOR KENNEDY:On the bill, Mr. President.

ACTING PRESIDENT MARCELLINO:Senator Kennedy on the bill.

SENATOR KENNEDY:-- along with Senator Griffo. I thank Senator Griffo for continuing to sponsor this legislation. If the Senator would just yield for a question or two.

ACTING PRESIDENT MARCELLINO:Ah, so you changed your mind.

(Laughter.)

SENATOR KENNEDY:That was quick. I'll be back, I promise.

ACTING PRESIDENT MARCELLINO:Senator Griffo, will you yield for a question?

SENATOR GRIFFO:Yes.

ACTING PRESIDENT MARCELLINO:He yields, Senator.

SENATOR KENNEDY:That was a quick left jab looking for the right hook here, Sensei Griffo.

In how many states is this legal and regulated?

SENATOR GRIFFO:First of all, Mr. President, thank you, Senator Kennedy. First of all, I want to thank you, Senator Parker and many of you -- Senator Gianaris -- there are a number of people there that have been cosponsors, along with Senator Golden and many people on this side of the aisle too.

This is legal in 49 states.

SENATOR KENNEDY:Forty-nine states. Out of 50.

SENATOR GRIFFO:Last I knew, there were 50.

SENATOR KENNEDY:So we are the lone remaining -- through you, Mr. President, we are the lone remaining state.

SENATOR GRIFFO:Unless Senator Díaz is proposing statehood for Puerto Rico, I'm not --

ACTING PRESIDENT MARCELLINO:Can we not go there?

(Laughter.)

ACTING PRESIDENT MARCELLINO:Senator Kennedy, would you please rephrase your question?

SENATOR KENNEDY:Through you, Mr. President, if the sponsor will continue to yield.

SENATOR GRIFFO:I will.

ACTING PRESIDENT MARCELLINO:I believe he will yield.

SENATOR KENNEDY:Thank you.

Can you speak to the economic impact that this sport, regulated and legalized in 49 other states, has had on the communities where it is legal?

SENATOR GRIFFO:It has had a tremendous economic impact, and twofold.

The first would be an economic benefit to the respective states as a whole. I don't have statistics for each state in front of me, but there is sizable generated revenue that comes in as a result of this.

Then there's a parallel to that with local governments. Because when you're in a community and they host an event such as the Barclays Center in Brooklyn, there will be a lot of activity there generated in restaurants, hotels. So the sales tax that is generated, along with the gate tax receipts.

So there's a lot of activity both directly to the state governments as well as to the local communities.

SENATOR KENNEDY:Thank you.

On the bill, Mr. President.

ACTING PRESIDENT MARCELLINO:On the bill.

SENATOR KENNEDY:And I would suggest that the sponsor stay cognizant for a sneak attack again.

As a proponent of this bill, I recognize that it has an extraordinary economic impact on the communities where it is legal and where it is regulated. In 49 other states in the nation, that is the case. New York is the last remaining state where mixed martial arts is not legal. But we still have it on pay-per-view. There is still an active unregulated amateur MMA.

We need to make sure we are doing what's the best interests of the people of the State of New York by legalizing the sport, by regulating the sport, and by reaping the tremendous and extraordinary economic impact of this sport.

I know that Brooklyn has been mentioned, Madison Square Garden has been mentioned in Manhattan. Well, at the First Niagara Center in Buffalo, I can promise you we will fill the First Niagara Center with fans, both from Western New York, from Pennsylvania, from Canada. We will bring people to the First Niagara Center.

Also, there's the possibility of filling Ralph Wilson Stadium with tens of thousands, upwards of nearly 80,000 people that would come to see a bout with several of the marquee athletes. And these are world-class athletes, Olympic champions. I know Ronda Rousey, a Bronze Medalist, was here earlier today. She said: "I want to come to Buffalo and fight in Buffalo, and then I want to go out for chicken wings at Duff's or the Anchor Bar" -- two heavyweights fighting over the chicken wing championship in Buffalo.

But in all seriousness, we want not only Ronda Rousey -- and of course my favorite male MMA fighter, Tim Kennedy -- to come to Buffalo, we want the thousands of people to descend on our great city and our great community, the millions of dollars that it would bring into our great city and our great community, the extraordinary tourism and economic development --

ACTING PRESIDENT MARCELLINO:Excuse me, Senator.

Can we have a little order in the house? It's getting difficult to hear the Senator speak. Can we have some order, please. Take the conversations out of the room.

SENATOR KENNEDY:-- the extraordinary tourism and economic development that that would bring in not just to Western New York and other areas of this state in the immediacy, but for years to come. This is absolutely the right thing to do.

And while I have an extraordinary respect for my colleagues who are looking out for the health and the welfare of these world-class athletes, these world-class athletes are already partaking in this sport just over the river in New Jersey, just over the border in Pennsylvania, and in every single other state in the nation.

And that is why New York State needs to get on board before we continue to lose out on the millions of dollars in economic activity that we continue to lose, at least over the course of the last four years that we've passed this in the Senate and the Assembly hasn't moved. Hopefully this year we'll be able to reap the economic benefits of this sport, legal and regulated here in New York State.

Thank you, Mr. President. I will vote aye.

ACTING PRESIDENT MARCELLINO:Thank you, Senator.

Senator Rivera.

SENATOR RIVERA:Thank you, Mr. President.

I have supported this bill in the past, and I will this year as well. But I wanted to make a couple of comments --

ACTING PRESIDENT MARCELLINO:Are you on the bill, Senator?

SENATOR RIVERA:Yes, sir. I'm sorry, Mr. President, on the bill.

ACTING PRESIDENT MARCELLINO:Senator Rivera on the bill.

SENATOR RIVERA:I wanted to make a couple of comments particularly considering the conversation that sometimes has been quite colorful, the comments that we've heard on the floor.

I certainly will echo the sentiments of my colleague Senator Kennedy and say that I have the utmost respect both for Senator Krueger, Senator Hoylman and other Senators that will be voting in the negative on this bill.

And I certainly don't want to discount the serious concerns that exist over the health of these athletes. I think that in the same way that we in the State of New York can do things -- and we do things better than many other states, Mr. President -- I think that this is an opportunity that we have to make sure that we do take care of the health of these athletes. And we should have a real conversation about that.

But I do think that much of the debate has been driven by a misunderstanding, a basic misunderstanding of what is actually going on.

Now, I can certainly understand that some of my colleagues, in the same way that they might be appalled by watching boxing, in the same way that they might be appalled by watching football and some of the hard hits that sometimes happen there -- people that are opposed to both of those sports for the reasons of the physical activity of the athletes, well, certainly I can understand why they would be opposed to this one.

But let's understand that when -- and this is coming from a very, very amateur mixed martial artist, someone that practiced both taekwondo and karate a long time ago. The best fighters are not the wildest ones. These are not animals going at each other, these are very disciplined people. The best fighters are the most disciplined ones.

I remember -- I wish I remembered the fight that it was, but I remember there was a fight a few years ago, an MMA fight. At the end of the fight, after it had been decided, while the athletes were just waiting for the winner to be declared, one of them cold-cocked another one. And it was immediately -- both fighters were immediately pushed to the side and the fight was stopped. And then immediately afterwards, the president of the UFC actually said, without question, that person will never fight in this league again. Making clear that sportsmanship is something that is valued in the UFC.

So I would say that not only the economic impact that it will have, which I think will be positive, but also without discounting that there might be some health concerns that we do have to take into consideration, I believe that it is high time for the State of New York to have this here in the State of New York, a sport that can be regulated, where we can have highly trained fighters competing with each other.

I, for one, will be going either to Brooklyn or to Madison Square Garden. I'm not sure if I will go out to Buffalo; that's a little bit farther than maybe I'd like to go. But, you know, maybe that's the reason to go up there, to do that and have some wings with Ms. Rousey. So that's perhaps what I will do.

But for the moment, I would encourage all my colleagues to consider that this is an opportunity that we have to pass it in this house. And this year we might have the opportunity to pass it in the Assembly, so hopefully we will do so.

So, Mr. President, I will be voting in the affirmative. Thank you.

ACTING PRESIDENT MARCELLINO:Thank you, Senator. And we could just remind you that a visit to the Queen City is always worthwhile.

(Laughter.)

ACTING PRESIDENT MARCELLINO:Senator Panepinto.

SENATOR PANEPINTO:On the bill.

I asked to raise a question before. I'm a cosponsor of the legislation. I support it. But I have to say I'm conflicted.

I think we have to take into account the head injury issue. I mean, these people are beating each other up in the ring. That's what they're doing. And so we've got to protect them from themselves. And so whether we cover them by workers' compensation, whether we have an injury fund established -- we need to pass the legislation for the economic benefit of it, catch up to the other 49 states. But we have to take into account what's happening to these fighters in the ring. Because if we don't, they're going to become long-term wards of the state, and we don't want that.

So I'm in support of the legislation. I'm an MMA fan. And, you know, I think we have to be cognizant of, though, the long-term effects and take up some further legislation on this issue.

I'll be an aye on the bill.

ACTING PRESIDENT MARCELLINO:Thank you, Senator.

Senator Parker.

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

ACTING PRESIDENT MARCELLINO:Senator Parker on the bill.

SENATOR PARKER:First, let me begin by thanking Senator Griffo for all his hard work on this legislation and continuing to champion it on the floor of the Senate every single year.

This is a really important bill for a number of reasons. The first, as you've heard from a lot of people across the state, is economically this is huge. It means we talk about how do we create jobs and how do we compete and be competitive with other jurisdictions across the country.

How do we vote for gambling and we don't do MMA? So you think that MMA is more harmful to our communities than gambling? And the same people who are arguing against MMA are arguing that we have gambling.

So, you know, to me, if we're going to do that, at least we could do, for the people who need to go to the casinos and don't want to gamble, like me, at least give me something to watch while I'm there.

But it does have, as you heard some of my colleagues indicate, significant economic impacts on our cities. As we talk about the Barclays Center -- and I am from Brooklyn, New York, the home of Al Capone --

(Laughter.)

SENATOR PARKER:-- we do have the Barclays Center. And in New York City, in Manhattan, we have Madison Square Garden where per bout, per bout, we're talking about $16 million in revenue. Per bout. We're not talking about for the year, per bout.

And so if you have, you know, tens or, you know, numbers of bouts, you know, we -- I'm sorry, events. I'm saying bouts; that's not true. I'm sorry, events. Per event.

So as we have, you know, 20, 30 events in the city, you know, multiply that times 16. Upstate, not too shabby, $2 million per event in upstate cities. Right? And we talk about, you know, in places that need the help, like Syracuse, like Rochester, like Buffalo. You know, we certainly want to see that revenue come.

What's happening as we sit here now is they're doing press conferences at Times Square and then going across the river to Jersey to hold the actual contest. That's shameful. That's ridiculous.

Now, I certainly think that, you know -- and let me just say I understand where my colleagues are coming from as it relates to injuries and, you know, protection of our citizenry as well as the combatants engaging in their craft. But I think it's a tad bit overblown. I think there's a couple of ways, one, in which we could, one, make it safer.

The first of which is that the biggest safety -- there's two pieces of safety that's not mentioned in the bill per se. The first is that there's actually a referee. This is not, you know, two men enter and one man leaves. Like there actually is a referee there that actually monitors and regulates the fight, like there is in most, you know, fighting-type activities like boxing, like wrestling.

In addition to that, there is an ability through this bill for the New York Athletic Commission to create regulations and rules around the fight, around equipment, around all of the things that we may be concerned about.

So if my colleagues are truly concerned about the health and welfare of the participants in MMA, then we in fact ought to be reaching out to the Athletic Commission and giving our suggestions and interacting with them like any other agency about what the rules and regs will be once we actually pass the legislation.

But there's no doubt that we are way beyond time to pass this legislation, make it legal in the State of New York, and start reaping those important economic benefits.

But, you know, as we start talking about and continue to talk about safety, again, understand that this is -- if you haven't watched a bout, then you should see a bout. And once you see it, you actually see that much of the descriptions we've heard today from all of these, you know, medical articles are way overblown.

First of all, the vast majority, well over 70 percent of the bouts are actually decided by submission, not by knockout. Right? By submission. Ronda Rousey's last two fights were less than a minute -- actually were less than 45 seconds, combined, in tapouts. She could have fought her whole career in the amount of time that we debated this bill.

(Laughter.)

SENATOR PARKER:And anybody who knows and has seen -- and she's not just, you know, any female fighter, she's the Muhammad Ali of MMA. Not the female Muhammad Ali, she's the Muhammad Ali. There's men I bet you in the division who do not want to fight Ronda Rousey, she's that bad.

And so, you know, when we look at how most of these fights are won, they're actually won through submission. And so all this head trauma and other stuff that people are talking about today really actually doesn't even apply, because people are not getting pounded that way, for the most part.

And so -- and I'm not saying that this isn't a violent sport. I'm not saying it isn't contact. It is fighting. Right? But we have fighting in the state already. We have boxing. We have wrestling. Right? We have lots of other fighting that we do here that we regulate. And I see no one here bringing forward a bill saying we ban them.

So if you bring up that bill, then let's debate and say we're going to ban this along with everything else. As much as anybody is up in arms about the brain injuries of people playing professional football, I don't see us saying we're not going to allow football in the State of New York and have our beloved Bills, you know, go someplace else. Right? So, I mean, you know, we've got to keep Rex Ryan in a job. I'm hearing his next tattoo is going to be of Tim Kennedy, right next to Mark Sanchez.

(Laughter.)

SENATOR PARKER:But, you know, so -- I mean, and as relates to the cost, I heard one of my colleague's inference that that cost will be borne by the State of New York. In the lawsuit against the NFL, the NFL had to pay that money. The states that NFL teams are in did not pay it. The NFL, as a corporation, had to pay out that settlement, not the states.

And so -- and likewise the State of New York, just because we legalize the activity, we don't bear any legal liability to pay out, you know, claims and suits, because they're fighting in the context of another corporate structure.

And so I think that we have to dispel some of the myths, we have to get past the fiction and embrace what the possibilities are here. And the possibilities today are significant economic benefit and growth for our state as well as producing a safe, regulated sport that can be enjoyed by the New Yorkers who are really already consuming it on television and other means.

And so I'm glad that -- I think that it will pass today. Apparently one of my colleagues has written a companion bill, so I'm hoping he's going to vote for the bill so that his companion bill will then be relevant enough for us to pass next in the body. And I look forward to seeing you at the Barclays Center for the first event.

ACTING PRESIDENT MARCELLINO:Senator Stavisky.

SENATOR STAVISKY:Thank you, Mr. President.

This has been quite an animated debate. I for one do not like MMA. I will not be going to the Barclays Center or Madison Square Garden or the First Niagara in Buffalo. But that's my choice. That's my choice. That's my decision. I don't go to boxing matches because I don't like to see people, particularly young people, battering each other and bloodying each other. I just don't like it.

Having said that, I'm going to vote for this bill because I have the choice not to go. This is going to be a legal, regulated, income-producing event, and for that reason I will vote for this bill, because I reserve the choice not to go.

ACTING PRESIDENT MARCELLINO:Are there any other members wishing to speak on the bill?

Seeing none, the debate is closed. The Secretary will ring the bells.

Read the last section.

THE SECRETARY:Section 7. This act shall take effect on the 90th day.

ACTING PRESIDENT MARCELLINO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARCELLINO:Senator Funke to explain his vote.

SENATOR FUNKE:Thank you, Mr. President.

As a former broadcaster for 40 years, 30 years in sports, I have seen firsthand a lot of sporting events live, and it beats the heck out of watching them on TV. And I know how important it is to hardworking New Yorkers.

I'm excited that the state is moving one step closer to opening its doors to a growing sport that continues to increase in popularity year after year. And it makes sense. As we've heard, 49 other states in this country have legalized mixed martial arts, making New York State --

ACTING PRESIDENT MARCELLINO:Senator Funke, excuse me.

Ladies and gentlemen, come on. We've got to listen to the Senator explain his vote.

SENATOR FUNKE:Forty-nine other states in this nation have legalized mixed martial arts, making New York the only state where MMA is outlawed.

I've had a lot of meetings with advocates for a lot of different reasons in my first year here in the New York State Senate, and I can't tell you how many times I've heard somebody say New York is the only state that doesn't allow this, or New York State is the only state with that regulation. We think we're smarter than everybody else, I guess.

New York is missing out on an economic opportunity by hosting legalized MMA and the tourism that it promotes as well. Plenty of people go to Buffalo for Bills games. Lots of people go to the Garden to watch the Knicks and the Rangers, and the Barclays Center for the Nets. But they have to go to New Jersey, Connecticut, Massachusetts and Pennsylvania for MMA, and it doesn't make sense.

So legalizing professional mixed martial arts in New York is something that's going to be a tremendous economic benefit to our state. Somebody said 1 million, other estimates have 135 million across the state. Why would we allow these tax dollars to go to other states?

We're in the middle of negotiating a state budget right now with important issues and spending priorities. We need more aid for public education, for childcare assistance, help for our cities and our towns, help to upgrade our infrastructure in New York State. So with more economic activity comes more tax revenue, and it's revenue that we need.

If you're concerned about the violence of this sport, ladies and gentlemen, I understand the sensitivity that some have to that. However, those who feel that way should keep in mind that by standing in the way of this, you're not stopping New Yorkers from watching and enjoying this sport on television.

And MMA and boxing are the most regulated sports in America when it comes to safety. Doctors are at ringside, able to step in and stop it at a moment's notice.

And it may interest everybody here to know that the number-one sport in this country for head injuries is cycling. The number-one catastrophic sport in this country is cheerleading.

The current ban on MMA doesn't protect New Yorkers from violence, it merely prevents the state from realizing the financial benefits the sport has to offer.

Mr. President, I vote aye, and I thank my colleagues who are voting aye on this bill.

ACTING PRESIDENT MARCELLINO:Senator Funke will be recorded in the affirmative.

Anybody else wishing to speak?

(No response.)

ACTING PRESIDENT MARCELLINO:Seeing none, announce the result.

THE SECRETARY:In relation to Calendar Number 273, those recorded in the negative are Senators Bonacic, Breslin, Díaz, Felder, Hoylman, Krueger, Lanza, LaValle, Marcellino, Montgomery, Sanders, Savino, Stewart-Cousins and Young.

Absent from voting: Senator Perkins.

Ayes, 47. Nays, 14.

ACTING PRESIDENT MARCELLINO:The bill is passed.

Senator Ritchie.

SENATOR RITCHIE:There will be an immediate meeting of the Finance Committee in Room 332. The Senate will stand at ease.

ACTING PRESIDENT MARCELLINO:There will be an immediate meeting of the Finance Committee in Room 332. The Senate will stand at ease pending the return of the Finance Committee.

(Whereupon, the Senate stood at ease at 5:57 p.m.)

(Whereupon, the Senate reconvened at 6:06 p.m.)

ACTING PRESIDENT MARCELLINO:Senator Ritchie.

SENATOR RITCHIE:May we return to reports of standing committees.

I believe there's a report of the Finance Committee at the desk.

ACTING PRESIDENT MARCELLINO:We have a report at the desk, and the Secretary will read.

THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following bill direct to third reading:

Senate Print 2002A, Senate Budget Bill, an act making appropriations.

ACTING PRESIDENT MARCELLINO:Let it be known that's the first Budget Bill.

Senator Ritchie.

SENATOR RITCHIE:I move to accept the report of the Finance Committee.

ACTING PRESIDENT MARCELLINO:So moved. All those in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARCELLINO:Nay?

(No response.)

ACTING PRESIDENT MARCELLINO:The Finance Committee report is accepted.

Senator Ritchie.

SENATOR RITCHIE:Is there any other business at the desk?

ACTING PRESIDENT MARCELLINO:The desk is clear.

SENATOR RITCHIE:There will be an immediate meeting of the Republican Conference following session, in Room 332.

ACTING PRESIDENT MARCELLINO:Senate is adjourned until tomorrow at?

SENATOR RITCHIE:There being no further business, I move we adjourn until Wednesday, March 25th, at 3:00 p.m.

ACTING PRESIDENT MARCELLINO:There will be an immediate meeting of the Republican Conference in Room 332.

On motion, the Senate stands adjourned until Wednesday, March 25th, at 3:00 p.m.

(Whereupon, at 6:07 p.m., the Senate adjourned.)