Gaveled in 11:24 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 26, 2015
11:24 a.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask everyone present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by the Reverend Fitz Moodie, pastor, New Life Pentecostal Church in Spring Valley.
Pastor Moodie.
REVEREND MOODIE:Father and God, we are so thankful unto You this day. God, this is the day that You have made, and we are rejoicing in it today.
We are so thankful, Lord, for this chamber, the men and women that You have chosen for this hour. Lord, I pray that You'll endeavor to bless them -- spiritual blessing, God, physical blessing. Give them wisdom and knowledge, because we as a people are depending on them.
God, we know what's on their shoulders and the things they have to go through. But today we'll look to You for Your blessing upon each and every one of them, that every person in this state, every person, Lord God, that You have created to be here will be blessed. Thank You, O God, for these men and women.
And we look to You, Lord, for leadership and guidance. We pray in no other name but in the name of our Lord.
Amen.
ACTING PRESIDENT GRIFFO:Thank you, Reverend.
The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, March 25th, the Senate met pursuant to adjournment. The Journal of Tuesday, March 24th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator Hannon.
SENATOR HANNON:Mr. President, I'd like to make a motion that we adopt the Resolution Calendar, with the exception of Resolution 1193, by Senator Kennedy.
ACTING PRESIDENT GRIFFO:On motion, all in favor of adopting the Resolution Calendar, with the exception of Resolution Number 1193, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Hannon.
SENATOR HANNON:Mr. President, I'd now make a motion that we take up Resolution 1193, ask you to read it in its entirety, and then call on Senator Kennedy to speak on it.
ACTING PRESIDENT GRIFFO:May I ask for some order in the house, please.
And then I will ask the Secretary to read Resolution Number 1193.
THE SECRETARY:Legislative Resolution Number 1193, by Senator Kennedy, honoring the Western New York Perinatal Bereavement Network, in conjunction with the 10th Annual Evening to Remember on March 28, 2015.
"WHEREAS, It is the sense of this Legislative Body to recognize and pay tribute to those women of achievement within the Empire State who have made strong contributions to their communities and who inspire others through their model citizenship; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor Christine Scott, Executive Director of the Western New York Perinatal Bereavement Network, in conjunction with the 10th Annual Evening to Remember on Saturday, March 28, 2015; and
"WHEREAS, This auspicious event provides an opportunity for parents and families to join together in honoring their children who were lost too soon from miscarriage, ectopic pregnancy, stillbirth or early infant death; and
"WHEREAS, The Evening to Remember is one of several events hosted by the Western New York Perinatal Bereavement Network to bring together those who have shared experiences and raise public awareness; and
"WHEREAS, The ability to connect with other grieving parents while celebrating the memory of their children is an important part of the healing process; and
"WHEREAS, Women of every race, class, and ethnic background have made invaluable contributions to the growth and strength of New York State in countless recorded and unrecorded ways; and
"WHEREAS, Each year, the State of New York officially sets aside time to recognize the achievements and lives of these exemplary women, representatives of the wide-ranging and vital roles women have played in the historic development of this great Empire State and its communities; and
"WHEREAS, For more than 25 years, running entirely on private donations, the Western New York Perinatal Bereavement Network has been extraordinarily dedicated to providing educational support, community services and referral services to families who have experienced the loss of a child; and
"WHEREAS, Under the luminous direction of its Executive Director, Christine Scott, the Western New York Perinatal Bereavement Network established the Wings of Love Memorial Fund, which provides financial assistance to low-income families for burial and cremation expenses; the program has also created memorial gardens in several cemeteries throughout Western New York; and
"WHEREAS, In addition, Christine Scott has given tirelessly of her efforts to develop and execute the Western New York Perinatal Bereavement Network's Annual Walk to Remember, which pays tribute to the approximately 850,000 babies who die each year; and
"WHEREAS, A professional prenatal and perinatal health educator, Christine Scott has remained steadfastly committed to educating the public and selflessly providing love and support to grieving parents and families; and
"WHEREAS, Christine Scott graduated with high distinction from Genesee Community College in 1992; she went on to earn a Bachelor of Science degree in Health Services Management from Indiana University in 1999; and
"WHEREAS, Rare indeed is the impressive dedication shown by an individual for the benefit of others which Christine Scott has displayed throughout her life; and
"WHEREAS, This Legislative Body is pleased to have this opportunity to express its highest admiration for Christine Scott and to wish her continued success in all of her future endeavors; and
"WHEREAS, It is the sense of this Legislative Body that when individuals of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of the great State of New York; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor Christine Scott, Executive Director of the Western New York Perinatal Bereavement Network, in conjunction with the 10th Annual Evening to Remember on March 28, 2015; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Christine Scott."
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you, Mr. President.
It is an extreme honor for me to stand here in this chamber to honor a woman who has honored so many families, thousands of families in Western New York and across the state, and who is present here with us them morning, Christine Scott.
Christine is joined by her sister Cathy Payne, who came in from Buffalo, the two of them came in from Buffalo last night to join us for this occasion.
We're doing a couple of things by this resolution. We are recognizing the Western New York Perinatal Bereavement Network for their 25 years of service to families that have lost a child, either newborn, infant or in utero, and have had that pain that they've lived with. And the Western New York Perinatal Bereavement Network for 25 years has been with them to help them through those very difficult times.
The 28th of this month, the Western New York Perinatal Bereavement Network will host its Evening to Remember, where families gather together to not only share stories and to help each other through their difficult times, but to remember the loved ones that they have lost, at the same time raising funds for the programs that help families as they experience this difficult and tragic loss in their lives.
Christine Scott is the executive director of that incredible organization and has been on the front lines of helping families, helping mothers and fathers, aunts and uncles, brothers and sisters that lose a loved one, lose a newborn, lose a child. She has done this, her driving force has been a loss in her own life back on May 27, 2000. Jacob Wesley Scott came into our lives, came into Christine Scott's life and was lost, stillbirth, and has driven Christine Scott to help other people in the most difficult, transformative, heartbreaking times in their lives.
And with an incredible amount of dignity and class and drive and passion, she has taken this loss that she and her family experienced and has transformed it into helping families across Western New York and across this state.
Not only when people lose a child has she been there, but she's also been there from a legislative capacity, when we passed the bill that recognized the children that were lost to stillbirth that allowed thousands and thousands of families, tens of thousands of families that have lost a child through stillbirth, because of legislation that we passed in this chamber a couple of years ago, families have been able to get a birth certificate recognizing that their child existed.
Previous to that legislation that Christine and her organization and other organizations across the state championed, families were only given a death certificate, that only added to the pain that they went through that their child never actually existed.
We owe Christine not just this honor, but we owe Christine a debt of gratitude from Western New York that we will never be able to repay. But I know the driving force behind Christine is Jacob and the Wings of Love organization that is inspired by Jacob and that proudly is recognized by a monarch butterfly -- that I recognized Christine and her sister both wear on their lapels today -- and is a sign that Jacob is with Christine, her family, and with all of us and is the symbol behind the Wings of Love.
And this organization helps families that cannot afford to bury their lost child with dignity, the ability to do that.
Thank you, Christine Scott, for everything you do for all of us. Thank you for what you've done for thousands of families across this state, what you continue to do. Congratulations to the Wings of Love and the wonderful, wonderful organization that you've established, as well as the Western New York Perinatal Bereavement Network and the thousands of parents that you have touched, the organization has touched and continues to touch every single day, including today -- including today -- when privately, before we met here in this chamber, Christine went and met with a young man, Gary Ginsburg, who lost Emma Olivia Ginsburg just a couple of weeks ago.
He's the deputy director of media relations in the Senate. And Christine was kind enough to share her passion for helping people with someone close to all of us.
So again, thank you for what you do every day, and it is an honor to stand here to honor you. Congratulations.
ACTING PRESIDENT GRIFFO:Senator Hannon.
SENATOR HANNON:Mr. President, I wonder if Senator Kennedy would mind if we asked that the resolution be open for cosponsorship, after his very meaningful and moving speech.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Kennedy has offered up the resolution for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Thank you very much for being here today and for your efforts.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Senator Hannon.
SENATOR HANNON:Mr. President, could we now move to the order of having a noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 18, by Senator Seward, Senate Print 1172A, an act to amend Chapter 324 of the Laws of 2014.
ACTING PRESIDENT GRIFFO:There is a home-rule message before the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 27, by Senator Ranzenhofer, Senate Print 1694A, an act to amend Chapter 439 of the Laws of 2008.
ACTING PRESIDENT GRIFFO:There is a home-rule message present at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 113, by Senator Larkin, Senate Print 2209, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The resolution is adopted.
THE SECRETARY:Calendar Number 151, by Senator Marcellino, Senate Print 383, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 277, by Senator Murphy, Senate Print 4283, an act to amend the Benevolent Orders Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 9. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Murphy to explain his vote.
SENATOR MURPHY:Thank you, Mr. President.
I rise on behalf of the thousands of members in dozens of Vietnam Veterans of America posts here in the great State of New York.
This Sunday, March 29th, is Vietnam Veterans Day. The Vietnam War was an extremely divisive issue among the people of the United States, and it caused a generation of veterans to wait way far too long for our country to acknowledge and honor their efforts and their sacrifice.
My uncle Peter, who saw four tours in Vietnam and adopted a little Vietnamese girl out of the orphanage, I stand here proudly to tell you he is a hero to me.
Today's legislation declares the Vietnam Veterans of America to be recognized as a benevolent order right here in New York. Is just as much for my uncle Peter as it is for the thousands of Vietnam veterans living in our state.
For those of you who don't know, the Vietnam Veterans of America's goals are to promote and support the full range of issues important to Vietnam veterans. It is to create a new identity for this generation of veterans and to change the public perception of the Vietnam veterans.
By voting in favor of this legislation, we once again send a clear message to those who served our nation during this time. Mission accomplished, and welcome home.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Murphy to be recorded in the affirmative.
Senator Croci to explain his vote.
SENATOR CROCI:Thank you, Mr. President.
And I want to compliment my colleague Senator Murphy for bringing this important legislation to the floor and compliment this chamber for the work that we have done in welcoming home veterans who did not receive a welcome home when they got off the plane so many years ago.
It's been a process that this country has gone through, and certainly the State of New York has been a leader in recognizing how important their service and their sacrifice -- and that of their families -- has been to this country.
The Vietnam Veterans of America, a wonderful organization that not only helps in the issues that affect the Vietnam veterans, but through their other charitable works, including their thrift stores, helps people in low-income areas afford the basic necessities that we all take for granted sometimes in this wonderful country.
So, Senator Murphy and to all my colleagues who support this legislation, thank you for what you're doing in welcoming home our heroes.
ACTING PRESIDENT GRIFFO:Senator Croci to be recorded in the affirmative.
Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
I stand on behalf of my brother, who is a Marine Corps veteran, Vietnam-era. And this is one of the best ways that we can honor that generation of veterans, in a bipartisan fashion, to say that you are welcome here.
And the VVA, or the Vietnam Veterans of America is one of the distinguished organizations among many that would fit in very well with our more traditional groups -- in fact, they are traditional by now. They are part of the American tradition.
And I want to compliment Senator Murphy for bringing this legislation forward, and I absolutely vote in the affirmative.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Hannon, that completes the noncontroversial reading of today's active list calendar.
SENATOR HANNON:I presume there is no further business at the desk.
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR HANNON:I'd like to make a motion that we adjourn until Monday, March 30th, at 3:00 p.m., with intervening days being legislative days.
ACTING PRESIDENT GRIFFO:Senator Hannon, do you have an announcement to make before?
SENATOR HANNON:Yup. We have an announcement that there will be a Republican conference immediately after this session.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Republican Conference in Room 332 following session.
SENATOR HANNON:And I would urge everybody to be there, because we'll be then setting the time for conference for tomorrow.
ACTING PRESIDENT GRIFFO:Very good. So noted.
And on motion, the Senate will stand adjourned until Monday, March 30th, at 3:00 p.m., intervening days being legislative days.
The Senate stands adjourned.
(Whereupon, at 11:44 a.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.