Tuesday, May 5, 2015

ACTING PRESIDENT MARTINS:The substitutions are ordered.

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, Mr. President, could we please adopt the Resolution Calendar, with the exception of the following resolutions: 1904, 1905, 1809, 1897, 1865, 1781, 1924 and 1927.

ACTING PRESIDENT MARTINS:All in favor of adopting the Resolution Calendar, with the exceptions of Resolutions 1904, 1905, 1809, 1897, 1865, 1781, 1924 and 1927, signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The Resolution Calendar is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Mr. President, can we now take up both Resolution 1904 and Resolution 1905, both by Senator Klein, read both in their entirety and recognize Senator Klein, please.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1904, by Senator Klein, commending the Albanian people for protecting and saving the lives of all Jews, both native and refugee, living in or traveling through Albania during the Holocaust.

"WHEREAS, It is the practice of this Legislative Body to commemorate and extol the brave actions and efforts of groups and individuals who put human decency above their own safety and well-being; and

"WHEREAS, The State of New York celebrates and applauds the people of Albania, who have fostered a historic relationship with the Jewish community and exemplified how tolerance and acceptance of others both represents and strengthens the fabric of the communities in the State of New York and across our nation; and

"WHEREAS, New York State is home to a large population of Albanian-Americans, many of whom have made significant contributions to both our state and nation; and

"WHEREAS, Based on their unique history of religious tolerance, Albanians of all social classes and religious beliefs sheltered and protected Jews, even at the risk of their own lives, beginning even before Mussolini's Fascists invaded in 1939; and

"WHEREAS, At the start of World War II, approximately 200 Jews lived in the Republic of Albania, and approximately 2,000 Jews escaped to Albania from Western Europe and the Balkans region; and

"WHEREAS, After Germany occupied Albania in 1943, Albanian leaders, in an extraordinary act of courage, not only refused to provide a list of Jews living in Albania, but instructed Albanian clerks to issue false identity papers to protect all Jews who traveled to and hid throughout the country; and

"WHEREAS, Besa, a code of honor deeply rooted in the Albanian society and observed even nowadays, dictates a moral behavior that one take responsibility for the lives of others, without exception, in case of need; and

"WHEREAS, Due to the exceptional Albanian code of honor, no Jewish family in Albania was surrendered to the Fascists or the Nazis, and the entire native and refugee Jewish community in Albania during World War II survived the Holocaust; and

"WHEREAS, Due to the exceptional behavior of the Albanian nation as a whole, Albania had more Jewish residents after World War II than before World War II; and

"WHEREAS, In the course of the last few decades, various authenticated publications have further helped uncover the Albanian story of rescuing Jews, such as Jewish-American author and philanthropist Harvey Sarner's original published work The Jews of Albania in 1992, and the autobiography of Irene Grunbaum, titled Escape through the Balkans; and

"WHEREAS, World-renowned photographer Norman Gershman, through his extensive interviewing and photographing of rescuers and survivors, had his work published by the prestigious Syracuse University Press; this inspired the movie Besa: The Promise, which has further shed light on the extraordinary story of Albanians saving the Jews and the humanity of the Albanian people; and

"WHEREAS, The heroic deeds of hundreds of Albanians who rescued Jews during World War II are now recognized by Yad Vashem, the Holocaust Martyrs' and Heros' Remembrance Museum in Jerusalem, Israel, and the United States Holocaust Memorial Museum in Washington, D.C.; and

"WHEREAS, Yad Vashem has thus far designated 73 Albanians as 'Righteous Persons' and Albania as one of the 'Righteous Among the Nations'; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commend the Albanian people for protecting and saving the lives of all Jews, both native and refugee, living in or traveling through Albania during the Holocaust, in conjunction with the visit of the esteemed President of Albania, His Excellency Bujar Nishani, to the New York State Legislature on Tuesday, May 5, 2015; and be it further

"RESOLVED, That this Legislative Body pause further to commend Yad Vashem in Israel and to encourage others to recognize Albanians who took action to protect Jews during the Holocaust for their great courage and heroism; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York, and His Excellency Bujar Nishani, President of Albania."

Legislative Resolution Number 1905, by Senator Klein, commemorating the 70th anniversary of Victory in Europe Day on May 8, 2015.

"WHEREAS, It is the practice of this Legislative Body to commemorate historical events which have defined the culture and spirit of the American people and modern history as we know it; and

"WHEREAS, World War II was the largest and most violent armed conflict in the history of mankind, with fatality estimates ranging between 22 million and 70 million military and civilian deaths; and

"WHEREAS, America's finest men and women risked life and limb to protect the American way of life and to halt foreign tyranny and aggression; and

"WHEREAS, The horrors of the Holocaust resulted in the deaths of over 6 million Jews at the hands of Nazi Germany and the Axis powers; and

"WHEREAS, Over 16 million Americans, including many New Yorkers, served in uniform, and of these Americans, 405,000 members of the United States Armed Forces paid the ultimate sacrifice for the protection of the American people and for the formation of a more stable world; and

"WHEREAS, Allied forces faced ferocious combat, exhibited unmatched bravery, and endured untold tragedy throughout the world in their efforts to liberate captured foes from tyranny and oppression; and

"WHEREAS, On May 7, 1945, a representative for the German High Command signed and transferred the unconditional act of surrender of both East and West forces to allied representatives in a schoolhouse in Reims, France; and

"WHEREAS, On May 8, 1945, Victory in Europe (VE) Day was officially recognized around the Western world, with German troops laying down their arms as news of the German surrender spread throughout Europe; and

"WHEREAS, The trauma and the exultant triumph of the events of World War II still reside today in the collective American psyche through contemporary tales in novels, cinema, and oral telling; and

"WHEREAS, Approximately 855,000 World War II veterans are still alive today, with approximately 44,000 being from New York State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations in recognition of the service and sacrifices of all of the brave men and women who fought and contributed to American victory; and be it further

"RESOLVED, That this Legislative Body pause further to honor the families and descendants of those men and women, and the men and women themselves, whose lives were taken in defense of liberty and freedom; and be it further

"RESOLVED, That this Legislative Body pause further to commemorate the 70th anniversary of Victory in Europe Day on May 8, 2015, in conjunction with many events being held nationally and throughout the State of New York; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to select military organizations throughout the communities of the State of New York."

ACTING PRESIDENT MARTINS:Senator Klein.

SENATOR KLEIN:Thank you, Mr. President. It's truly an honor to stand here today and speak on behalf of these two important resolutions.

First and foremost, I want to thank my colleague in government and my friend Assemblymember Mark Gjonaj, who cosponsored this legislation in the New York State Assembly. Mark is not only a great representative, he's also the first Albanian-American elected to any state legislature in the country. Thank you, Mark.

And I'm very proud to join and welcome President Bujar Nishani, the President of Albania. We spent a lot of time together learning about your country, learning about your former government, and I thank you for that.

And today I think we recognize the extraordinary actions of the Albanian people.

We also acknowledge the 70th anniversary of the end of World War II, a significant turning point in our nation's history. We also have to say thank you to all the brave servicemen and women who took up the cause and died fighting for it, and for those who fought and by the grace of God were able to return home.

We certainly have to acknowledge the heroic acts of the Albanian people. Everyone knows about the Holocaust that took place perpetrated by the Germans on the Jewish people during World War II. And many of us may ask, Well, why didn't other eastern European countries harbor their Jews, protect their Jews, make sure their Jews were not sent to concentration camps?

Well, after the occupation in 1943, the Albanians stood strong against the Germans, refusing to provide a list of Jews living in Albania, and even issued false identification papers to Jews so they could travel and seek escape.

It is remarkable that not one Jewish family was surrendered to the Nazis, thanks to the Albanians, whose exceptional honor remained undeterred by the evil forces around them. This story is something that's very, very special. And though it happened a long time ago, I think it says a lot about the Albanian people. It says a lot about their history, that all were welcome in their nation. As with us today, the country is now made up of Christians, Orthodox Jewish population, Catholic, and of course Muslims. And that says something about the history of this great nation.

You know, certainly a story like this hits home with me, as a grandson of Holocaust survivors. I always remember my grandmother's story. She was born in Russia, which unfortunately nobody in her hometown was there to protect her and her family. She was the only survivor of her family. And I always remember sitting around during Passover meals or Thanksgiving and really asking my grandmother, as I looked around the table, why she didn't have any aunts or uncles or sisters or brothers.

And she told me her story. Her story was that my grandfather, who came from the same town, came to the United States. He was lucky to get here. He had to spend some time in Argentina first before coming to the United States. And he wanted to take a bride, a bride from the old country, so he went back for an arranged marriage. That didn't work out. He was lucky enough to meet my grandmother, and the rest is history. Because everybody in the small town of Antipolia was wiped out -- never even made it to concentration camps, they were killed in front of their own homes, buried in the town cemetery.

And if there was more people with the courage of the Albanians, maybe the Holocaust wouldn't have existed or maybe not exist to the same magnitude.

So this is a very, very important part of our history because I think it sends a very important message about the Albanian people. And the way they grew up and what they believed in is something that is really common nature, something recognizing a very simple code, that we always have to protect one another, that we're all basically the same, that we're all either going to sink or swim together.

And that's something, thank God, Albania recognized 70 years ago, and the Jews of Albanian were able to survive.

So again I thank you, Mr. President, thank you to your great nation. And I know I speak for all of my colleagues for allowing me to recognize today these two very important events in our history.

Thank you.

(Applause.)

ACTING PRESIDENT MARTINS:The question is on the resolutions. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolutions are adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, the sponsor wants to open the resolutions, both resolutions for cosponsorship. And I'll assume everyone will be on it. If you do not want to be on it, the chair should be notified.

ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.

The resolutions are open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: And being honored to have the President here from Albania, with unanimous consent I would request that His Excellency Bujar Nishani, President of Albania, address the chambers.

(Standing ovation.)

PRESIDENT NISHANI:Honorable State Senator Klein, Honorable Assemblymember Mr. Mark Gjonaj, honorable ladies and gentlemen, members of New York Senate, ladies and gentlemen.

From the outset, I would like to wholeheartedly thank you and express my personal and institutional gratitude on behalf of the Albanian people for passing and approving the resolution which immensely appreciates, recognizes and points out the true role of the Albanians regarding the saving and rescuing of Jews during the terrible Shoah period.

This recognizing of my compatriots' contribution coincides with the 70th anniversary of the Second World War end, with the historical triumph of Allied forces, including the United States, where Albania was fully and willingly enlisted. By shedding blood, and deservedly, resulted on the side of winners against the Axis of Evil.

The resolution that you just passed extraordinarily and justly appreciates the entire nation, not only the population of Albania but also of course everywhere that Albanians live. By stressing once again, even more forcefully this time, although 70 years have elapsed already, Besa, the characteristic "righteously," transformed by Mr. Norman Gershman into the leitmotif of his work.

Honorable members of the New York Senate, besides rescuing of Jews, Albanians have behaved in the same manner with any foreigners or faraway friends who, due to their good or bad fortune, have taken the chance to knock on our doors. This demonstrates not only a typical continuity inherited generation after generation, but also the loyalty cherished by my compatriots towards the healthy ethical and moral principles in our code of honor to Besa.

Keeping in mind the historical testimonies, the work of Mr. Gershman, and the appreciation of Yad Vashem for righteous Albanians as well, I would have wished for the word Besa to be included in the international lingo as a synonym of the greatest value and the most unique characteristic of the Albanian nation, even now in the 21st century, alongside our proverbial religious tolerance, harmony and coexistence as well.

Please permit me, while I'm displaying these views and ideas, to personally and institutionally praise also the future initiative undertaken and launched by the member of the Assembly, Mr. Mark Gjonaj, to introduce his Building Bridges project, planning also your possibility, to everyone, to visit to our proud fatherland.

Since I have reached this point in the capacity of the Albanian head of state, please allow me to join the passing of your resolution and to hail the signing in Washington, D.C., just a few weeks ago of a joint declaration of strategic partnership between the Republic of Albania and the United States. I consider the document as very important to the further strengthening of the relation between our two countries, to the intensification of political dialogue on all issues of strategic character and also an encouraging instrument to peace and security in the Western Balkan region.

I would like, on behalf of the Albanian citizens, to express and emphasize the deep gratitude for the all-sides support provided by the United States to Albania throughout the years in our efforts to establish and consolidate democracy and rule of law and in fulfilling our European aspiration and also in foregoing the constructive and stabilizing role played by Albania in the Western Balkans.

Ladies and gentlemen, lastly I thank you immensely for both the invitation and for the fortunate opportunity to provide to me to be present here today among you during this historical moment when the Albanian people is being honored and appreciated for the true values it cherishes and it has demonstrated through years, decades, even during centuries, I might add.

In conclusion of my remarks in front of the New York State Senate, wholeheartedly I wish to once again express the gratitude on behalf of the Albanian state and to determinedly stress that such antihuman cruelties and horrors should not take place again and should not be allowed to be repeated anymore. Together, Albanians, Jews, Americans, we will never permit such inhuman acts to take place in no corner of the world, not even one single time again. Never again.

Thank you.

(Extended standing ovation.)

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: I just want to say thank you, for this entire body and all the citizens of the state, for His Excellency to be here today and share his words with us. It was truly an honor. Thank you very much.

PRESIDENT NISHANI:Thank you.

(Applause.)

SENATOR DeFRANCISCO: The next resolution to be taken up is 1927, by Senator Skelos. Please read it in its entirety.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1927, by Senators Skelos, Klein and Stewart-Cousins, congratulating the 2015 New York State Senate Women of Distinction.

"WHEREAS, It is the sense of this Legislative Body to acknowledge and celebrate Women of Distinction who significantly add inspiration and encouragement to the people of this great Empire State; and

"WHEREAS, The New York State Senate Women of Distinction program was created in 1998 as part of our state celebration of Women's History Month to honor exemplary women from across New York State whose singular professional or personal achievements, commitment to excellence, and accomplishments merit special recognition; honorees are selected from nominations submitted from across the state; and

"WHEREAS, Women of every economic, ethnic and religious background have made significant contributions that are reflected across all aspects of society; and

"WHEREAS, It is the custom of this Legislative Body to pay tribute to individuals of remarkable character who have shown initiative and commitment in constantly pursuing higher goals for themselves, as well as acting as role models to all women in their community; and

"WHEREAS, On behalf of the New York State Senate, I take this opportunity to congratulate Marisol Alcantara, Catherine A. Allain, Ph.D. Edu., Jane Aoyama-Martin, Mary Ann Ashley, Susan Auriemma, Gail Lynch Bailey, Janice Barto, Wendy Bleier-Mervis, Jacqueline Campbell, Master Sergeant Sue Clark, Deborah Coates, Christine Colligan, Kim Condon, Marsha K. Connor, Amy Cram, Carrie Davis, Shihan Jacqueline Drayton, Lou Jean Fleron, Joan A. Furey, R.N., M.A., Cristina Furlong, the Honorable Victoria A. Graffeo, Kamillah M. Hanks, Shawyn Patterson Howard, Cantor Dr. Mindy Jacobsen, Joan Kaplan, Patricia E. Kennedy, Emily Kessler, Rosemarie Kluepfel, Sister Mary Ann LoGiudice, RSM, Peggy Marone, Randi Martos, Teresa McPhail, Missy Miller, Deborah Gordon Mullaney, Shirley A. Mullen, Ph.D., Mabel Muniz-Sarduy, JoAnne Luthmann Nolemi, Sister Mary Celeste O'Bryan, LaQuita Outlaw, Ed.D., Sharon F. Owens, Libby Pataki, Betty Pollack, Gail Reed-Barnett, Ed.D., Carol Ann Rinzler, Carmen G. Rivera, Jenny Rivera, Susan Salomone, Rev. Dr. Ernestine Sanders, Dream Shepherd, Elizabeth Sherwood, Barbara Stuchinski, Marie Testa, Rachel Thieme, Linda A. Thomas, Aixa Torres, Marta Moreno Vega, Joanne Donaruma Wade, Kerry W. Walsh, Ella J. Weiss, Joyce Willetts, Ph.D., Lee Anne Xippolitos, Ph.D., and Marjorie V. Zmijewski, as 2015 New York State Senate Women of Distinction, to be celebrated on Tuesday, May 5, 2015, at the Annual Women of Distinction Awards Ceremony in The Well of the Legislative Office Building; and

"WHEREAS, Women have become part of New York's lasting heritage by fighting against stereotypes, prejudice, and seemingly insurmountable obstacles; and

"WHEREAS, From the women's suffrage movement just over 150 years ago to the present day, women have played and continue to play a crucial role in adding strength, understanding, and inspiration to the diversity and quality of life of the people of the State of New York; and

"WHEREAS, New York State has been, and continues to be, the home to many distinguished women who have made their mark in history as pioneers in their field, therefore laying the foundation for women after them to succeed; and

"WHEREAS, This Legislative Body recognizes that New York State is the home to countless women who are strong and colorful threads, vital to the fabric of our rich heritage, who have contributed and continue to add to the advancement of our culture through their traditional and nontraditional roles in society; and

"WHEREAS, It is the sense of this Legislative Body that those who enhance the well-being and vitality of their community and have shown a long and sustained commitment to excellence certainly have earned the recognition and applause of all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the 2015 New York State Senate Women of Distinction; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the aforementioned Women of Distinction."

ACTING PRESIDENT MARTINS:Senator Young.

SENATOR YOUNG:Thank you, Mr. President.

Today we are so honored to be joined by distinguished women from all across this great state. These women come from all walks of life and all different types of backgrounds, yet they all share something very important in common: They have made significant contributions to their communities and then, by extension, to our great state and our nation.

New York has a tradition of being home to great women. One of them really comes to mind to me, and that's Elizabeth Cady Stanton, who was a trailblazer, as we know, for human rights. She was an American suffragist, social activist, abolitionist and leading figure in the early women's rights movement.

There's one very poignant story that I'd like to share today because it helped shape her world view. Elizabeth Cady Stanton was born in Johnstown, New York, and she was one of 11 children. And five of her siblings passed away in early infancy or early childhood, but one, her older brother, lived to be 20. And he was just about to graduate from Union College in Schenectady when he passed away.

Elizabeth was a little girl. And her father was just grief-stricken, and so she crawled into his lap to try to comfort him. And all he could say to her was: "Oh, my daughter, I wish you were a boy."

We have come such a long way since then. And because of that determination by women such as Elizabeth Cady Stanton and by the women who are joining us here today, our New York State is a much better place to live and work.

And these people are volunteers, nurturers, entrepreneurs, innovators. And as Napoleon said, a leader is a dealer in hope. These women are dealers in hope every single day. And we're just so proud and grateful for everything that you do.

ACTING PRESIDENT MARTINS:Thank you, Senator Young.

Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

It is no secret that New York State has been home to women of great distinction for centuries. The women of New York history were trailblazers, pioneers and, most of all, beacons of light in the lives of millions of Americans, from Susan B. Anthony to Eleanor Roosevelt to Lucille Ball to Harriet Tubman.

Today the tradition continues, with New York women in academics, business, science and medicine, public life and the arts leading the way with their grace, intelligence, and resolve to improve the lives of others.

And so it is our great privilege to take time for this important annual event where we honor those who give so much with the Women of Distinction Awards. These awards acknowledge the professional and personal achievements of notable women from across the state. This evening we will individually acknowledge and celebrate each of our individual nominees at a reception in their honor.

The contributions and the commitment of these extraordinary women not only stand as tribute to those that have paved the way before them, but they are a source of inspiration for young women of the next generation. They encourage us by their example, and we are fortunate that they have shared their tremendous talent. We are grateful for their continued service to our great state.

Thank you.

ACTING PRESIDENT MARTINS:Thank you, Senator Valesky.

Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President.

I rise to join my colleagues in saluting the women that we have referred to this evening as Women of Distinction. They reflect our great state and women from our state, as we know, as doctors, M.D.s, Ph.D.s, but also as scientists and businesswomen and women in politics representing our state in Congress, both the House and the U.S. Senate.

Women who have developed housing. The wonderful thing about women in my district in particular is that they have been some of the most distinguished, skillful and committed housing developers for affordable housing for people in my district.

Women who are college professors and who serve us in many, many different capacities, including being the directors of the major arts and cultural institutions in the City of New York. One of those women in fact is a woman that I am honoring from my own district, Ella Weiss, who has run the Brooklyn Arts Council for a number of years.

So all of us are paying tribute to the contributions and the greatness of women who, from each of us, represent the best of what New York has to offer in terms of women.

So we honor them, and I am proud to join to support this resolution, to support the women. I will be there tonight. And I think we all owe ourselves a great sense of pride and gratitude for the fact that we have decided that this day we will be honoring Women of Distinction in the State of New York.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Montgomery.

Senator Farley.

SENATOR FARLEY:Thank you, Mr. President.

You know, this is one of the most worthwhile things that the Senate does, to recognize these remarkable women.

This is a very exciting time in our history. You know, women today are available for every part of our society. It wasn't too long ago that the professions were closed to women. Today the majority of medical students are women, the majority of law students are women. Just last year, 60-some-odd percent of the baccalaureate degrees that were given were given to women. It's a very exciting time.

And I was interested in what Senator Young had to say. Elizabeth Cady Stanton came from my district in Johnstown. And what a remarkable woman she was, and one that really made a difference and was a forerunner to women's rights in every facet.

I think this Women of Distinction program that we have, we're all very excited about the women that we have chosen. I'm particularly excited about mine. But today I think we honor every woman in the State of New York.

And, Mr. President, I thank you very much for hearing me out.

ACTING PRESIDENT MARTINS:Thank you, Senator Farley.

Senator Savino.

SENATOR SAVINO:Thank you, Mr. President. I rise in support of this resolution.

You know, later on tonight in the gallery downstairs we're going to honor 63 women from various parts of the state. It's one of my favorite events that we do here every year, the annual Women of Distinction, where we each look into our communities and find women of notice, women who are contributing to their community. And sometimes it's not that hard to find them. Because women are amazing, they do amazing things, and oftentimes they don't get recognition.

My Woman of Distinction this year is one of those young women who is not often thought about as being a Woman of Distinction. You know, in my community in Staten Island you often see in events that the same women get honored over and over. And it's not to take away from the things that they do, but we're not really seeing the talent that's out there and the young women who are going to step forward and who are going to be part of the future.

And I just want to take a moment and talk about her, because she's here in the chamber, and she's here with her mother and her family. And her name is Kamillah Hanks. She's a native Staten Islander who has been a leader and an advocate for smart growth and positive economic development in the North Shore of Staten Island, which is now on the verge of becoming the future of Staten Island. We call it the Gold Coast.

There's all sorts of economic development happening there, and Kamillah Hanks has been there from the very beginning. When no one cared about the North Shore of Staten Island, she became invested in it, helping create policies and shape what the future is going to look like.

She's championed our park system, she has championed education. She in fact sits on the Mayor's Panel for Public Education Policy as an appointee of the borough president. She's involved in our economic development policy, she's involved in our cultural institutions, she's involved in helping change downtown Staten Island to become the jewel that we know it can be.

She truly is a Woman of Distinction today, and I know that the future is limitless for a young woman like Kamillah Hanks. So congratulations to all of this year's Women of Distinction, but I want to say a special congratulations to mine, Kamillah Hanks.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Savino.

Senator Serrano.

SENATOR SERRANO:Thank you so much.

I would like to thank my colleagues for putting forth this resolution, for honoring so many great Women of Distinction. And I have someone who is an amazing, amazing story. Ninety-seven years young, Emily Kessler is a resident of my district and is a survivor of the horrendous Nazi Holocaust and is a person who throughout her life gave to the community and continues to be a great leader within her own family and in our community.

And what's amazing is that even years after all of the sadness and abuse that she had to deal with, at the age of 97 she played at Carnegie Hall, an amazing mandolin player. And it really is a remarkable story, and I just wanted to rise and recognize her great achievements.

Thank you.

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, this resolution is also open for sponsorship by everyone. If you don't want to be on it -- I'm sure everybody does -- you have to tell that to the desk.

I just want to make one point of explanation. And that is that everyone in this chamber wants to get up and talk about their one person. So don't feel offended if somebody didn't, because we cut it off so we can have time for the ceremony when everyone gets recognized. So I just wanted to make that clear.

And with that said --

ACTING PRESIDENT MARTINS:So, Senator DeFrancisco --

SENATOR DeFRANCISCO: With that said, can we adopt the resolution.

ACTING PRESIDENT MARTINS:One second.

To Senator Díaz and to Senator Hoylman, my apologies, but we will move on. I thank you for your indulgence and your understanding.

Everyone in favor of the resolution please signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Could we now take up Resolutions 1897 and 1809 from Senator Serino, the first to be read title only, the second to be read in its entirety.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1897, by Senator Serino, honoring Elizabeth Devine upon the occasion of her designation as recipient of the 2015 Outstanding Contribution by a Senior Citizen Award from the New York State Senate.

Legislative Resolution Number 1809, by Senator Serino, memorializing Governor Andrew M. Cuomo to proclaim May 5, 2015, as Senior Citizens Day in the State of New York.

"WHEREAS, It is the sense of this Legislative Body to memorialize Governor Andrew M. Cuomo to proclaim May 5, 2015, as Senior Citizens Day in the State of New York, in conjunction with May being declared as National Older Americans Month; and

"WHEREAS, The more than 3 million residents of New York State 60 years of age and older bring a wealth of experience and knowledge to the increasingly active roles they play in today's society; their past contributions and future participation are a vital part of, and valuable asset to, the fabric of community life and activity; and

"WHEREAS, These senior citizens have contributed to the state by building and helping preserve the customs, traditions and ideals of the many ethnic groups that make up the mosaic of New York State; and

"WHEREAS, The wisdom and experience of senior citizens constantly enrich the lives of the young people of our state through a strong tradition of volunteerism; and

"WHEREAS, Since 1962, the month of May has been declared, by Presidential Proclamation, Older Americans Month in order for communities around the nation to set time aside to celebrate and reflect on the unique role older Americans play in the fabric of our society; and

"WHEREAS, The legislative and executive branches of New York State government have as a primary goal the improvement of the quality of life of older New Yorkers and the assurance of their continued dignity; and

"WHEREAS, It is the intent of this Legislative Body to recognize and celebrate the legacy of New York's senior citizens who have experienced tumultuous changes in the 20th century, including the dawn of the nuclear age, the rise of the computer, and the proliferation of the automobile, television, technology and so many other innovations of the American spirit, and who now represent a vast and willing source of knowledge available to our great State of New York; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 5, 2015, as Senior Citizens Day in the State of New York; and be it further

"RESOLVED, That this Legislative Body pause further to urge the residents of New York State to honor all our senior citizens who are the cornerstone of the strength of our nation and to whom a debt of gratitude is owed; 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 MARTINS:Senator Serino.

SENATOR SERINO:Thank you, Mr. President.

I rise today, as chair of the Aging Committee, in honor of seniors across our state. Our seniors have spent their lives building and shaping the state we know and love today, and we are grateful for their commitment and dedication.

While words will never be enough to really thank them for their invaluable contributions, it's important that we pause in our proceedings today to recognize the work that they continue to do and to consider what a critical role they play in all of our communities.

We have had over 50 seniors from across the state who were each recognized at a ceremony earlier this afternoon for their volunteerism. I was fortunate to have two awardees from my district: Willie Reed, from Beacon, who I believe had to go home, and Beth Devine, from Wappingers Falls, who there wasn't room in the gallery, so Beth is standing behind me with her husband, Jack.

Through their service they have touched the lives of countless individuals and inspired citizens of all ages to play an active role in bettering our communities, and for that we thank you.

So I just want to take a moment to recognize Beth Devine, as she received the 2015 Outstanding Contribution by a Senior Citizen Award. As I mentioned, Beth is a constituent of my district, and it is my distinct honor to celebrate her here on the floor for her incredible contributions.

Beth's list of accomplishments is extensive. A retired third-grade teacher, she is currently the vice president of the Wappingers Historical Society and serves on the Wappingers Falls Economic Development Committee. She's the vice president of the Grinnell Library Board and an associate board member for capital improvement resource development for the Children's Home of Poughkeepsie.

Talk about a woman who does it all. "Outstanding" does not even begin to describe her. I have no doubt in my mind that not only Wappingers but communities across my district are better for her work.

Beth, as a community member and a representative, I am proud to call you a neighbor. Thank you for all that you do. On behalf of New York State, I congratulate you.

(Applause.)

ACTING PRESIDENT MARTINS:The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Again, the Senator is opening up this resolution to all who choose to cosponsor it. And if you don't, please notify the desk.

Would you please take up Resolution 1781, by Senator Peralta, and recognize Senator Peralta after the title only is read.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1781, by Senator Peralta, commemorating the celebration of Cinco de Mayo, May 5, 2015.

ACTING PRESIDENT MARTINS:Senator Peralta.

SENATOR PERALTA:Thank you, Mr. President.

First and foremost, I want to wish everyone in the chambers happy Cinco de Mayo.

A hundred fifty-three years ago today, the Mexican army won one of the biggest battles in history. Outnumbered by the French army, considered at the time the greatest military force on earth, the brave Mexican soldiers defeated the Europeans at the Battle of Puebla. To commemorate this version of David versus Goliath, in which the young Mexican army was victorious over the French giant, we celebrate here today the Cinco de Mayo festivities. Happy Cinco de Mayo to all.

Now, it's not just about Coronas or beers or celebration, it's about an actual battle, the Battle of Puebla. It was about the spirit of determination. And because of it, Cinco de Mayo has evolved into a celebration of Mexican and Hispanic culture, especially in our great nation. It was a battle about freedom and courage. Year after year, this is a very important date for the Mexican and Chicano communities in my district, in our great state, and in our nation.

In every borough of New York City and every county of our state, Mexican-Americans enrich all of the communities that they live in. In celebrating Cinco de Mayo, we recognize and share their tremendous contributions to our society.

And in my district we celebrate Cinco de Mayo as a great gathering, as the district is home to a growing and increasingly involved Mexican-American community. This is another reminder of how diverse my district is, which I like to often call the United Nations of all Senate districts. It is a celebration of unity and patriotism, and it is a celebration that strengthens the already solid and long-standing friendship between Mexico and the United States.

Mexico and the United States are bound historically, geographically and culturally. Mexican culture and heritage are intertwined in the American fabric and in the Mexican-American experience. Plain and simple, we are two societies united forever by many factors and by common interests with a common vision for the future.

I'd like to wish everyone a happy Cinco de Mayo.

ACTING PRESIDENT MARTINS:Thank you, Senator Peralta. Happy Cinco de Mayo to you as well.

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

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: And this is also open for cosponsorship. Notify the desk if you choose not to.

Please now take up Resolution 1865, by Senator Ortt, read the title only, and call on Senator Ortt, please.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1865, by Senator Ortt, memorializing Governor Andrew M. Cuomo to proclaim May 7, 2015, as Children's Mental Health Awareness Day in the State of New York.

ACTING PRESIDENT MARTINS:Senator Ortt.

SENATOR ORTT:Thank you, Mr. President.

Today members of the Senate chamber are asking to declare May 7, 2015, as Children's Mental Health Awareness Day across New York State. May 7th falls in line with the observance of National Children's Mental Health Awareness Day. We believe this designation will bring a greater public awareness to mental health and services offered for help while decreasing the stigma that is often attached.

The widespread affliction affects so many families, so many children, yet only one in three individuals will seek treatment. Twenty percent of American children will be diagnosed with a mental illness each year. By proclaiming May 7th as Children's Mental Health Awareness Day in New York, this legislative body is showing its commitment to ensuring the safety and well-being of our most precious resource: Our children.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Ortt.

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

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, this should be open to all for cosponsorship. If you don't want to cosponsor it, please notify the desk.

For those in the audience without a program, we've got one more resolution. Then we will call up the nomination of the new Health Commissioner and then the 10 judges, and we'll go from there.

Would you please take up Resolution 1924, by Senator Comrie, and read it in its entirety and then recognize the Senator.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1924, by Senator Comrie, mourning the death of Jack Friedman, distinguished citizen and devoted member of his community.

"WHEREAS, It is the custom of this Legislative Body to mourn the death of certain prominent individuals whose valued contributions to their community, their profession, and their heritage served to enhance the quality of life in the State of New York; and

"WHEREAS, Jack Friedman of Queens, New York, died on April 9, 2015, at the age of 55; and

"WHEREAS, Affectionately known as 'Mr. Queens,' Jack Friedman served as Executive Director of the Queens Chamber of Commerce; an advocate for the economic development of Queens County, he was known as a genial operator whose reach extended into politics, education, and business; and

"WHEREAS, Upon graduating from Queens College in 1981, Jack Friedman owned and operated a photo printing business; he went on to become president of School Board 26, and chair of the Queens Community Board 13 Economic Development Committee; and

"WHEREAS, Seven years ago, Jack Friedman joined the Queens Chamber of Commerce following his stint as a chief of staff in the mid-2000s; and

"WHEREAS, A former board member of SNAP, Jack Friedman worked diligently to facilitate better conditions for residential communities in Queens, including major development projects such as Resorts World, and improving the Jamaica business community; and

"WHEREAS, A lifelong resident of Queens, Jack Friedman had an intimate knowledge and history, combined with his experience as a small business owner, which allowed him to be instrumental in helping countless entrepreneurs; and

"WHEREAS, A beloved staple of the Queens business and civic community, Jack Friedman was fiercely dedicated to making Queens a key center of economic opportunity and prosperity, which guided his leadership and activism throughout the community for many years; and

"WHEREAS, Jack Friedman was sincerely loved and greatly respected by all those with whom he worked; committed to his community, the people he represented, his state, and his nation, he served his public with dignity, dedication and incisive wisdom; and

"WHEREAS, Over a long and meritorious life of service on behalf of others, Jack Friedman was a man of action, of integrity, and of commitment, whose true compassion was generously given to all who knew him; and

"WHEREAS, Jack Friedman is survived by his wife, Lorie, and their two children, Cara and Daniel, all of whom feel privileged to have been a part of his life and rejoice in his achievements; and

"WHEREAS, Armed with a humanistic spirit and imbued with a sense of compassion, Jack Friedman leaves behind a legacy which will long endure the passage of time and will remain as a comforting memory to all he served and befriended; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to mourn the death of Jack Friedman, distinguished citizen and devoted member of his community; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Jack Friedman."

ACTING PRESIDENT MARTINS:Senator Comrie.

SENATOR COMRIE:Thank you, Mr. President.

I rise today to just speak on Jack Friedman, as he has passed. And we all mourn Jack deeply in the Queens community.

Jack made all of us in Queens look better, as he loved his borough, as he loved the Borough of Queens and loved being involved in government and politics and community service, and the opportunity to become the director for the Queens Chamber of Commerce.

After spending time as a school board member, after spending time as a civic leader, after spending time as chief of staff to Councilmember David Weprin, then coming to the Chamber of Commerce, he worked diligently to ensure that everyone in Queens understood his passion for business, his passion for bringing partnerships together.

He expanded the Queens Chamber of Commerce from an organization that was very small to an organization with over 2,000 members in partnerships with every major business in Queens. He expanded the Chamber of Commerce to make sure that they had opportunities to attract the diversity of Queens as well, ensuring that every program and every opportunity, he went all around the borough to ensure that the Chamber of Commerce had an opportunity to impact every borough and every neighborhood in Queens.

Jack will be missed because he had a warm personality, but he was also diligent and focused on making sure that every elected official in Queens, every major civic person understood Queens. When we had a disaster with Katrina, Jack was in the Rockaways working with businesses on a plan. When we had electrical outages, Jack would be on the line with Con Edison, working with those businesses that were affected. When there was a problem in any particular major business in the borough, Jack would be there to try to help out.

Jack was also someone that tried to make sure that we attracted Resorts World and attracted opportunities for business, that worked to make sure that the airports were ripe and ready for expansion, that worked to make sure that we would try to get Willets Point expansion. There was nothing in Queens that Jack didn't want to touch or didn't want to impact. And if necessary, Jack would start rumors so that we would spur economic development projects in the borough as well.

Jack Friedman was truly a prince of Queens to his family and his friends. I miss Jack. When I first became head of the Queens delegation, Jack Friedman, along with Pat McCabe from then-Councilmember Addabbo's office and George Milhaltses from then Councilmember Vallone's office, made sure that I knew the other parts of the borough that I was not necessarily that familiar with. But no more so than Jack. Jack made sure that whatever was happening in any part of Queens, he would come and explain to the Council members and he would come and explain to anyone that was considered interested the beauty and the majesty of the best borough in the state.

I want to submit to all of the members of the State Senate this resolution for their consideration.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Comrie. And thank you for introducing us to Jack Friedman.

Senator Sanders.

SENATOR SANDERS:Thank you, Mr. President.

I want to thank my colleague for bringing this resolution forward.

Queens County has more than a million people in it. And it has its share of colorful people, but none more colorful than a guy who could arguably call himself -- and get away with it -- "Mr. Queens." That title may be something that's fought over from one part to another, but as soon as anyone said "Jack Friedman," everybody withdrew from the race. This guy was indeed Mr. Queens.

My friend Jack had a way about himself, a smile and a charm that were deceptive. Very, very deceptive. You would think that you're just speaking to the nicest guy in the world, but at the end of it you would be agreeing with everything that he said and you would absolutely utterly believe that it was your own thoughts. And that was Jack Friedman.

Jack was -- he cheated his family, I'm sure, by spending so many hours out there in the different parts of the borough. Every part was his borough. And it would be a great dishonor if we did not honor him.

I'm going to personally miss Jack, because there are some difficult situations that we confront, and I could use just an ounce of his charm, just an ounce of -- if I could just steal his smile for a minute, it would take me much further.

So again, I thank my colleague for bringing forward the undisputed Mr. Queens of all of Queens, Jack Friedman. You all have been cheated by not knowing him. Perhaps I can steal some of his majesty and share it.

Thank you very much.

ACTING PRESIDENT MARTINS:Thank you, Senator Sanders.

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

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The resolution is adopted.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, the sponsor would like the resolution open for cosponsorship. You're on unless you tell the desk otherwise.

Before I ask for the reports of standing committees, I was corrected. There's 14 judges that we have to deal with. I just didn't want four to pass out before we got there.

(Laughter.)

SENATOR DeFRANCISCO: Would you return to the reports of standing committees, specifically Finance and Judiciary.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination.

As Commissioner of Health, Howard Alan Zucker, of Rensselaer.

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I would move the nomination. And please call on Senator Hannon, chair of the Health Committee.

ACTING PRESIDENT MARTINS:Senator Hannon.

SENATOR HANNON:Thank you, Mr. President.

It's my pleasure to move the nomination of Howard Zucker to be the commissioner of the New York State Department of Health.

Dr. Zucker has today been recommended to this body by the Health Committee and by the Finance Committee. I understand there were lots of questions, lots of discussion, a very productive set of meetings.

Dr. Zucker comes with the experience of having been Acting Commissioner, because of various circumstances, for almost a year; served before that as First Deputy Commissioner of Health, and has had experience in Washington, in the World Health Organization, and brings that type of experience along with the fact that he has been a practicing physician as well as a lawyer, to form both of those as background for health policy in this state.

He certainly has many challenges that he'll face as commissioner. We are going through the phases of completion of the Medicaid Redesign Team, the phases of a federal waiver for billions of dollars, a State Health Innovation Plan, prevention agenda, and along with problems that, as usual, we don't know what will happen because public health is not that predictable, two of which happened during his acting as acting commissioner. One was the sudden snowstorms in Erie County this year, several feet, and then earlier last fall, the entire episode of Ebola, how to deal with people with Ebola coming back to the United States. So these are all the types of challenges that lay ahead.

He, I think, has demonstrated to the committee, through questions dealing with a number of topics that are hot potatoes in the Health Department, such as marijuana or fracking, to the satisfaction of the members, that he has the qualifications and ability to be commissioner of this state and fulfill the hopes of this body.

So for that reason -- and I don't know if others want to speak, but I would like to move acceptance of his nomination.

ACTING PRESIDENT MARTINS:Thank you, Senator Hannon.

Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

I'm pleased to second the nomination of Dr. Howard Zucker as Commissioner of the State Health Department.

First I want to commend Governor Cuomo for sending to the Senate this nominee.

As Chairman Hannon indicated already, he is a uniquely qualified individual to serve in this position and has, in fact, been serving in this position for the last year, I believe to the day, and has done an outstanding job.

And there's just no question that with Senate approval of Dr. Zucker as the Commissioner of Health, the 20 million New Yorkers will continue to benefit enormously from Dr. Zucker's leadership in one of the most significant, complex, complicated state agencies that we are responsible for.

So again, I'm pleased to second this nomination and look forward to continuing to working with Dr. Zucker in the months and years ahead.

Thank you.

ACTING PRESIDENT MARTINS:Thank you, Senator Valesky.

Can we please have order in the chamber. Please, if you have conversations, take them outside.

Senator Rivera.

SENATOR RIVERA:Thank you, Mr. President.

I stand proudly to third this nomination, already presented, seconded, and thirded, if you will.

Not only is this gentleman incredibly well qualified -- as a matter of fact, when we get any nomination, we have a stack, right, with the person's resume or their C.V. I lost count of how many pages Dr. Zucker's dossier was -- somebody who graduated from medical school at 22, also an attorney, somebody who has served in D.C., who has served across the ocean for the World Health Organization, somebody who could have done many things and, it was pointed out in the committee, could have done anything else, and chose to come back to New York.

As was pointed out, he's being been doing the job already for a year. He's incredibly well qualified.

And for all these reasons, I would say this is somebody that I feel very strongly needs to be our next commissioner, needs to be just approved today.

But on top of that, Mr. President, the one thing that I cannot forget, I was telling the soon-to-be-commissioner that this might be one of the only times that I get to, on the floor the Senate, do this right here. This (gesturing), for those of you who do not know, is for us from the Bronx. We throw up our X's.

(Reaction from the gallery.) See? Some people over there. From the Bronx, we throw up our X to say how proud we are of our borough. This gentleman is born and raised in the Bronx. Not only that, born and raised in the zip code -- not in the district, but in the zip code that I live in.

So it is -- we have -- when we were talking about his experience as a medical doctor, probably that took up about a third of the conversation. The rest of it was him telling me about him growing up in the Bronx, talking about the old neighborhood and how much he wants to come back and see it. But most importantly, how much he wants to do for not only the Bronx but for the entire State of New York and for caring for the public health of the citizens of this great state.

So it is with great pride, Mr. President, that I third this nomination and I encourage all my colleagues to do it as well. And once more (gesturing), for the record, from the Bronx, for Commissioner Zucker.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Rivera. Much appreciated.

Senator Farley.

SENATOR FARLEY:Thank you, Mr. President.

I rise to support this nominee exclusively as one of the most eminently qualified commissioners that I've seen. And I've been here for a lot of years and confirmed a lot of health commissioners.

Dr. Zucker has got a resume that is absolutely spectacular. And he has proved himself in this office and done a terrific job. And I compliment the Governor on an outstanding appointment.

And, Dr. Zucker, we wish you all the best in a very, very challenging and difficult job. But we're very proud of you. Good luck and best wishes.

ACTING PRESIDENT MARTINS:Thank you, Senator Farley.

Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

Just very briefly, I had the opportunity to talk to Dr. Zucker, found him extremely engaging, very bright. And the two things that I found really great is that he is into policy, he likes policy, he understands the pieces that are in the puzzle to come to a resolution on policy decisions. And he's a good listener.

So I rise to support his nomination.

ACTING PRESIDENT MARTINS:Senator Savino.

SENATOR SAVINO:Thank you, Mr. President. I also rise enthusiastically to support this nomination.

Senator Rivera, we have some hand gestures from Staten Island too, but they're generally not appropriate for the floor of the Senate so I will not share them here.

But you did ask -- you made a mention about his curriculum vitae. I actually did count the pages earlier today in the Senate Finance Committee, where we had the opportunity to interact with Commissioner Zucker. It is 27 pages long. And those of you who haven't seen it, you should get a copy of it.

Here is a gentleman who not only did amazing things like graduating from medical school at the age of 22, but he had a long distinguished career in medicine and decided that wasn't enough. Understanding that medicine and the law often intersect, he went to law school. And then he went on to Columbia. And he's been at the World Health Organization. He's been everywhere.

Here is an individual who could be anywhere. He could run a major institution. He could run a research foundation. He does not have to be in public service. But he's taking all of that experience, that knowledge, that passion, that drive, and he's putting it into running the state's Health Department.

His predecessor might have been as smart as him; I'm not really sure. But he lacked something that you have, and that's an empathy for the healthcare disparities that some of our communities face. We've talked about the disparities in Staten Island and South Brooklyn, and he understands it and he gets it.

But he also, I want to say this, he is responsible for the implementation of a major public policy that we adopted right here last year, and that is New York State's medical marijuana program.

And if you open up the papers, you'll see criticism of the program -- that it's too restrictive or it's taking too long. And let me just say this as clearly as I can, as the person who wrote the bill. Not only is Dr. Zucker spearheading this program and bringing it on track, we are fully seven months ahead of any other state in the country. So he's not dragging his feet. He has established guidelines and deadlines and has met every one of them.

And because of his expertise in both medicine and in the law, we will have a program in the end that will provide access to patients, will withstand litigation if any choose to bring it, and will be the model for the nation.

So I am thrilled to stand here and vote on behalf of your nomination as Commissioner of the Department of Health, and I look forward to a very long relationship with you in administering not just that program but all programs that affect the health and safety of New Yorkers.

Congratulations.

ACTING PRESIDENT MARTINS:Thank you, Senator Savino.

The question is on the nomination of Howard Alan Zucker as commissioner of Health. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Howard Alan Zucker is hereby confirmed as Commissioner of Health.

(Standing ovation.)

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: May we return to reports of standing committees for the report of the Judiciary Committee.

ACTING PRESIDENT MARTINS:The Secretary will read.

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

John David Sampson, of East Aurora;

Cheryl Joseph, of Massapequa;

Barry Robert Ostrager, of Manhattan;

Ellen N. Biben, of Manhattan;

Honorable Jeanette Rodriguez-Morick, of Manhattan;

Mark John Grisanti, of Buffalo;

Honorable Margaret Parisi McGowan, of Whitestone;

Denise A. Hartman, of Athens;

Honorable Alex B. Jeong, of Staten Island;

Robert A. Schwartz, of Fort Salonga;

Debra A. Martin, of Pittsford;

Honorable Daniel Martin, of Huntington;

Honorable Alan Leslie Honorof, of Port Washington; and

Honorable Catherine Molly Bartlett, of Goshen, to serve as judges of the Court of Claims.

ACTING PRESIDENT MARTINS:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

On two previous sessions we in this body approved 27 Court of Claims judges. Today 14 will be coming before us.

Earlier today the Senate Judiciary Committee met and considered the appointment of 11 new judges and three reappointments to the Court of Claims. I'd like to thank Governor Cuomo for putting forth an impressive list of nominees for the court. I am confident that the judges to be put forth today will conduct themselves in an exemplary manner moving forward.

The judges are joined in the gallery today, many with friends and family members. So 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.

I'm going to introduce the judges and their friends and family in attendance today, and then invite any Senator who wishes to speak on any of the nominees to do so.

Let's start with the reappointments. The first one is Judge Catherine Bartlett. And with her today is her husband, William DeProspo.

The second judge is Alan Honorof. And with Alan today is his son, Marshall Honorof.

The third reappointment today is Daniel Martin.

The new judges. The nominee Ellen Biben, and she came with quite a team, so let me run through them. First her husband, Matthew, her son August, her other son Dylan, her other son Graham. Her parents, Dr. Lila and Dr. Richard Nachtigall. I hope I didn't mess that up too much. Her mother-in-law, Barbara; her sister, Dr. Margaret Giordano; her other sister, Dr. Lisa Nachtigall; her niece, Julia Giordano; her other niece, Jenny Flaumenhaft; and her nephew, James Flaumenhaft.

Boy, you really made me work for that, let me tell you.

(Laughter.)

SENATOR BONACIC:The next nominee is a friend to all of us, Mark Grisanti. He's with his bride today, Maria.

The next judge is Denise Hartman, and she's here with her husband, Tim Kirby; their son Wesley Kirby; the other son Daniel; the other son Thomas. The mother-in-law, Jane Kirby; father-in-law, Allan; brother-in-law, Jeff. And Barbara Underwood, Solicitor General, on behalf of Denise Hartman.

Alex Jeong, he's here with his father, Michael; Theresa is here, his mom; Farrah, his sister; Loris Spadaccini, brother-in-law -- I like that name, really. It's almost like an Italian, you know, flavored meal. But I didn't mean to diss anybody on that last name.

Edoardo Spadaccini, a nephew; Matteo Spadaccini, a nephew; Cyril Jefferson, a friend; and William Damante, his assistant. I think that covers all of them.

Then we have Cheryl Joseph, who's with her son Bryce Cherry and the other son Ethan Cherry.

Next is Debra Martin, a nominee, with her husband, Douglas, their daughter Rebecca and one-year-old granddaughter Madelyn.

Where is Madelyn? Is she up there? Okay. She's a very good baby, by the way.

(Laughter.)

SENATOR BONACIC:Next is Margaret McGowan. She's with her son Vincent and a friend, June Briese.

The next nominee is Barry Ostrager. He's with his bride, Pamela, their daughter Ann, the other daughter Jane, and a friend, Jon Daniels.

The next nominee is Jeanette Rodriguez-Morick; her husband, Harold; the daughter, Kayta Rodriguez Morick; the other daughter, Madeleine Sofia Morick; mother, Rhode Garcia; father, Frank Garcia; and a friend, John Paul Vella.

The next nominee is J. David Sampson. He's here with his bride, Carol; the daughter, Rachel; the son, Matthew; the mother, May; the brother, Dr. Hugh Sampson; the sister, Sue Squier; colleague Terri Egan, colleague Thomas Higgins, colleague Greg Kline, colleague Timothy Lennon, and finally colleague Neal Schoen.

And last but not least, Robert Schwartz, with his bride, Joy Chin, and his brother, Larry Schwartz.

Mr. President, at this time I move all these nominations to the floor for Senate confirmation, and I ask you to recognize any Senator who wishes to speak.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Bonacic. Great job, as always.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I wasn't paying attention. Could you read it again, Senator?

(Laughter.)

SENATOR DeFRANCISCO: Thank you. I would just like to speak generally about the judges.

I used to do a lot of trial work in another life, and to me these are the most important positions that we fill each year. And the successful judges, not that I have to give anybody any instruction, are those who are fair, compassionate, and considerate that there are other people that have busy lives that are before them, and they make sure that due consideration is made to everyone who appears before a court.

I was with a law firm that one of the judges is retiring from, apparently, and I know of some other people in the group. But I just want to stand up for Senator Grisanti, former Senator Grisanti. Did he leave yet? There he is.

You know, there's nobody happier for you today -- maybe Senator Panepinto.

(Laughter.)

SENATOR DeFRANCISCO: But when there's -- whoever knows what I'm talking about, tell the others later.

But seriously, Senator Grisanti was a pleasure to be with when he was here. He was dedicated, he had a heart, and he had some excellent judgment.

And it's wonderful when you can see a result where everybody turns out okay. His seat is now -- his area now represented by Senator Panepinto. And now he's got the opportunity that I'm sure he probably never thought he would have before his time with the Senate. So we're very fortunate to be in a situation today that is a win/win proposition.

As to the other judges, your resumes are absolutely unbelievable. I'm not going to comment on the length of them, but the content is substantially greater than most that ever come before us. So we're very, very pleased to have you.

And I see you have your chaperone presiding, Judge Sise here, making sure we don't do anything wrong and keeping track of the process that somehow we got it done.

So congratulations to all of you, and best of life in the future, and also enjoy your position.

(Applause.)

ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.

Senator Avella.

SENATOR AVELLA:Thank you, Mr. President.

First I rise to congratulate all the judges that are become nominated today, but also a special congratulations to my friend and former colleague Mark Grisanti. I know you're all going to do a great job. Mark, we miss you here in the Senate.

But I really rise to second the nomination of somebody who I've known for over 20 years, and that is Judge McGowan of Whitestone.

If you ever want to meet a warm-hearted judge or a person who really takes into account everybody's personal feelings, it's Judge McGowan. She is well-respected in her community, she's involved in the community, her expertise in the law is unquestionable, and really it is an honor for me to be in the Senate at this time to second that nomination.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT MARTINS:Thank you, Senator Avella.

Senator Funke.

SENATOR FUNKE:Thank you, Mr. President.

I want to thank Governor Cuomo for nominating a candidate from my district, the 55th. This is a great day for women from Pittsford today. Debra Martin will become our new Court of Claims judge.

Debra has most recently been working as assistant attorney general in Rochester. She has a wealth of experience in a wide range of legal responsibilities, practicing in all levels of state, federal, trial and appellate court cases. She is incredibly well-qualified for this position.

And as important as all of that is to her new job, it is her civic activity and dedication to our community that makes her such a great choice for this position. The Rochester Children's Nursery Board, the Pittsford Library Board, and a finalist for the coveted Athena Award, which is the highest award given to women in our community.

So we are proud to recognize and congratulate the Honorable Debra Martin, and wish her the very best in her new role, on the very day that we also recognize Wendy Bleier-Mervis later today. So we wish you the very best in the Court of Claims and the new chapter in your distinguished career.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Funke.

(Applause.)

ACTING PRESIDENT MARTINS:Senator Panepinto.

SENATOR PANEPINTO:Yes, I want to rise to congratulate all 14 judges.

As the spouse of a state Supreme Court judge, I can attest that you are entering into the best profession that there is. And, you know, it's great to be a judge, because you get to make the decisions.

And I particularly want to congratulate Senator Grisanti. He was a fantastic opponent in my race, was an absolute gentleman. We ran a race on issues. And this is a well-deserved recognition for him.

Also from my district is David Sampson, who is a lawyer in Buffalo, New York, who my wife, when she was a lawyer, had a number of cases with.

And I think that both Mr. Sampson and Mr. Grisanti have the judicial temperament to be gentlemen on the bench and be professional for the litigants and be compassionate, as per Senator DeFrancisco. So I congratulate them both.

ACTING PRESIDENT MARTINS:Thank you, Senator Panepinto.

Senator Stavisky.

SENATOR STAVISKY:Thank you, Mr. President.

And thank you, Senator Bonacic, for your reading of the names.

And a special thank you to the Governor for nominating such a distinguished group.

I particularly want to speak about my former neighbor but a long-time personal friend, and that's Judge Margaret Parisi McGowan.

Interestingly, Judge McGowan started her professional career as a sales agent. She became a senior sales agent for Pan Am and worked there for many years before she went to law school. But while she was at Pan Am, she became an assistant chief shop steward for the Teamsters union while holding her day job at Pan Am.

And it's interesting because as a shop steward she defended employees, she negotiated contracts, she organized workers. And many of these skills, many of these qualities have served her so well on the bench.

She is a graduate of the CUNY Law School, of which I'm very proud, and spent 8½ years as a court attorney in the Housing Court in the Civil Court in Bronx County. She was in the Housing Court, an appointed judge, from 1998, spent 17 years as a judge, and went on to the Family Court in 2006.

And what qualities does she bring? The qualities that we hope every judge will bring to their service as a judge. For one thing, she has private-sector experience. She is even-tempered. I've never seen her get really angry. She has a careful listening capacity, she listens to what people are saying. And she brings people together, which is so important in her service in the Family Court, where families are at one of the worst times in their lives. They came before Judge McGowan and they found somebody who listened, who cared, who was compassionate. And these are the qualities that she will bring to the Court of Claims.

And lastly let me say that I think this has been a tumultuous three weeks for Judge McGowan. Not only was she nominated for the Court of Claims, but three weeks ago she became a grandmother for the first time, with the birth three weeks ago of Mia Scarlett McGowan. And Vincent, we congratulate you on the birth of the baby. But the very proud grandmother I think will be an outstanding judge in the Court of Claims.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Stavisky.

Senator Larkin.

SENATOR LARKIN:Thank you, Mr. President.

You know, those of us not in the legal family or judgeships or whatnot, we look with pride because of what role you play in our government. And to all of you, congratulations. I've known four or five who said it was a long sweat.

But there are two people here that I know personally. And I'd normally go ladies first, Catie, but, you know, this time it's got to be Senator first.

Mark, Mark Grisanti came here with the conviction that we must do what is right, not what is popular. I learned a lot from Mark. He chaired the Environmental Committee, a committee I never even wanted to be on, never mind chair of it. But he took that, and the issues that he went to, he made sure that the members of the committee and the rest of those in our conference were well aware of why and what we were doing and what benefit it had to not just the constituents in the Buffalo area but the entire State of New York.

Mark, you will make your mark on the bench, and it won't be long. Thank you very much.

Catie Bartlett. I don't know the guy next to you -- Catie Bartlett has had a tough row. But Catie Bartlett went to the court and, not knowing the court, I come out after one case that I wanted to witness and the guy said, "You know, I didn't win, but I learned something, that I appeared before a judge who gave it her honest opinion." She did it in the best interests of why she was a member of the judiciary.

Catie, Friday I was honored in Orange County, and every one of the judges there said "Is she going to get it on Monday?" I said, "No, she will not be," and everybody looked at me. I said "Because we're going to do it Tuesday."

And the flavor of the people that you work with -- the staff, the court officers, everyone said she is a lady deserving of this reappointment. Catie, congratulations.

And by the way, Bill, please drive home safely with her.

ACTING PRESIDENT MURPHY:Thank you, Senator Larkin.

Senator Martins.

SENATOR MARTINS:Thank you, Mr. President.

First, I want to congratulate all 14 of our nominees. And I want to congratulate the Governor for making truly wonderful selections.

In particular, I want to take the opportunity to congratulate Judge Honorof, a native of Port Washington in Nassau County, a jurist sitting on the bench in Nassau County, and certainly a person whose reputation is one of distinction. So congratulations, Godspeed, and good work.

To my dear friend Mark Grisanti. Mark, congratulations to you and to your family. I know we can expect great things from you in your continued public service. You've always been a person who's demonstrated integrity in everything you do. Congratulations to you.

And again, congratulations to all of our nominees on a wonderful selection by the Governor. Godspeed.

ACTING PRESIDENT MURPHY:Thank you, Senator Martins.

Senator Hassell-Thompson.

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

I rise to congratulate the government on these appointments. It's important for me to make this statement because in the last two set of appointments I was very critical of the fact that I felt that the Governor had missed the opportunity afforded him to increase the numbers of people of color on this Court of Claims.

He heard me. And in these appointments that came before me this morning, I was totally pleased to see that there was a complete diversity in his selection.

And while I made the statement to the judges that came before us this morning, I'm making it on the floor as well. While many of you may not believe that race matters, it does matter. It matters because of the kinds of experiences that people of diverse backgrounds and cultures bring to the bench.

And I think that it matters whenever -- they all know the law, there's no question about that. But what is under question is how compassionate they are about the people who come before them with a better understanding of the circumstances under which people come to the bench.

And so I am very appreciative, and very publicly I want to acknowledge to the Governor that I appreciate the fact that he took our concerns into consideration and in this appointment not only did he appoint people who were competent, but those that showed more of a diversity of who they represent across the state.

And Grisanti, I have to just step out and just say, as my colleagues have, I had the opportunity to serve with you and I know that we have had private and public conversations about justice, and I think that you have always sat on the side of that. So it will come as no surprise that you bring that quality to the bench.

And I want to personally just congratulate you, along with each of the people that have been appointed today, that I think that our benches are going to be well-served.

Thank you, Mr. President.

ACTING PRESIDENT MARTINS:Thank you, Senator Hassell-Thompson. And I certainly appreciate your points and your comments.

Senator Venditto.

SENATOR VENDITTO:Thank you, Mr. President.

I'd like to express my support, of course, for all of our nominees today and just speak very briefly about Cheryl Joseph, who is a born-and-raised Massapequan, now living in Amityville, both in the 8th Senatorial District, which I'm proud to represent.

Cheryl, as we heard this morning in Judiciary Committee, has a very accomplished legal mind. She's a brilliant leader. And she is someone who, in the various positions she has held, fought to protect children and families. She has advised court personnel on all sorts of different legal matters and she's supervised, of course, domestic violence courts throughout her tenure.

So, Cheryl, to you and to all of our nominees today, I commend you and your families. Thank you for all that you've done for our state, keep up the good work, and congratulations.

(Applause.)

ACTING PRESIDENT MARTINS:Thank you, Senator Venditto.

Senator Murphy.

SENATOR MURPHY:Thank you, Mr. President.

I rise to congratulate the 14 new judges here in New York State and wish them good wisdom and great judgment, and to protect the Constitution that you will be under oath.

I would also like to just recognize our Westchester County district attorney, who's here in support of one of her fellow friends. Welcome.

(Applause.)

ACTING PRESIDENT MARTINS:Senator Flanagan.

SENATOR FLANAGAN:Thank you, Mr. President.

This is unique for me; I have four people that I want to comment on. And I'm going to start with a constituent, Mr. Schwartz, who is sitting up there next to his brother.

And I will say this, without having a lot of intimate knowledge about your background. If you serve the public as well as your family has, your brother in particular, then we are going to be very fortunate to have you seated on the bench.

To the gentleman in the back, Dan Martin, who hails from the Town of Huntington represented by my colleague Senator Marcellino, Dan has had a distinguished career. And I've been fortunate and glad to be able to say that he's been a friend and someone who helped me not only in politics but in government. So Dan, to you, congratulations on your reappointment.

And I mentioned this in Judiciary this morning, and I want to repeat it on the floor just because I want it to be part of the record. Cheryl Joseph, I didn't meet her until today. I found out about her, and I don't pretend to know her, but I said in committee that my mother knows her. My mother works in Family Court, happened to be up here today because her judge was being honored at the Court of Appeals with a lifetime service award.

But I do know this. Cheryl Joseph is going to do a fabulous job. She has done a wonderful job as a support magistrate. I believe I can see Ethan and Bryce sitting up there, who are very happy to be there with their mom. But if my mother thinks she's a good person, that's all I need to know. So, Cheryl, to you, best of luck.

And to Mark Grisanti, for any of you new judges who are going to be working with Judge Grisanti, I want to just tell you one quick story. I chair the Senate Education Committee, and I'm going to give this as an indication of his passion, his dedication, and what I would say is his diplomatic aggressiveness. He would come into conference all the time and he would just slip me notes. And he would basically say, like, fix this. Like, take care of this, do this, do that. And it was all about his school districts.

He really paid very deep attention to the needs of the people that he represented when he was in the Senate.

And I'm just going to close on this. Mark, every now and then you get a chance to just be very personally happy for people that you've served with. And it is absolutely -- and I'm going to sound like a kid -- it's freaking awesome that you are now a member of the bench. The best to you and your family.

Mr. President, thank you.

(Applause.)

ACTING PRESIDENT MARTINS:Senator Flanagan, well said.

Senator Marcellino.

SENATOR MARCELLINO:Thank you, Mr. President.

I just rise to say -- I'm not a lawyer, but I do have respect for those of you who are on the bench because you are the arbiters, the great levelers. You keep our society calm and fair. That's your job.

Two people I know who are going up, and one reappointment, one new appointment. Danny Martin from Huntington helped me get elected on my first run for the State Senate (mumbling) years ago, and we won't go into that. But Danny's hair and my hair share the same color, so it is something to be considered.

But congratulations, Dan. I wish you well.

Mark, I'm astounded. I'm absolutely astounded. How can they have appointed -- how? I mean, I don't understand it. The Governor must have screwed up somewhere.

(Laughter.)

SENATOR MARCELLINO:But all kidding aside, you're a great person, you're a good guy. You were a fantastic Senator; we miss you here. And I know you're going to make a great judge.

By the way, all of you, I'm the national chairman of the Council of State Governments. We're the only organization of state legislatures that includes all three branches of government: the executive, the legislature, and we don't have enough of the judiciary. So by all means, come, join us at the council and help us share your legal expertise with the rest of the country, because they could use our help as well.

Thank you, and good luck to all of you.

(Applause.)

ACTING PRESIDENT MARTINS:The question is on the report of the Judiciary Committee. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT MARTINS:Opposed, nay.

(No response.)

ACTING PRESIDENT MARTINS:The report is adopted.

To all of the newly appointed members of the judiciary at the Court of Claims, congratulations.

(Standing ovation.)

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: You know, I'm just looking at that group up there, I've got a feeling they're going to have a hell of a Christmas party.

(Laughter.)

SENATOR DeFRANCISCO: But I think we're now at the stage of the noncontroversial reading of the calendar, if you would please do so.

ACTING PRESIDENT MARTINS:The Secretary will read.

THE SECRETARY:Calendar Number 80, by Senator Libous, Senate Print 1381, an act to amend the Real Property Tax Law.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Senator Espaillat.

SENATOR ESPAILLAT:Thank you, Mr. President.

This legislation proposes to provide help to the farm business by allowing it to organize its payments for liens against the property, against properties.

Just as we begin today's calendar, we got reports from several news media as to what's happening to farmworkers as we again try to provide some help to the farm business.

And a farmworker in a winery on East End, Long Island, reported being charged for drinking water. In Lowville, New York, a dairy worker was beaten because he didn't want to work on his day off. On one potato farm on Long Island, a worker reported being paid only $25 a day. And on This American Life, dairy workers in New York reported sharing beds and sleeping in bathtubs.

New York State farmworkers are subject to shameful practices and conditions while we pass this legislation to bring some additional help to the farm business. From long hours to injuries sustained during work, the brutality and unsanitary conditions and treatment of farmworkers is unacceptable. The Farmworkers Bill of Rights was passed in the Labor Committee and is now in the Finance Committee. We are hopeful that it moves forward. This bill will help not only farmworkers but also those good owners of farms that adhere to good practices.

So again, Mr. President, we continue to provide help to the farm business while they continue to mistreat many of their workers. For that reason, I'm voting in the negative.

ACTING PRESIDENT MARTINS:Senator Espaillat will be recorded in the negative.

Announce the results.

THE SECRETARY:Ayes, 59. Nays, 1. Senator Espaillat recorded in the negative.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 94, by Senator Robach, Senate Print 1965, an act to amend the Highway Law.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Announce the results.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 173, by Senator Funke, Senate Print 3146, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Announce the results.

THE SECRETARY:Ayes, 59. Nays, 1. Senator Espaillat recorded in the negative.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 228, by Senator Lanza, Senate Print 3480, an act to amend the Penal Law.

ACTING PRESIDENT MARTINS:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day.

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Announce the results.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 327, substituted earlier by Member of the Assembly Otis, Assembly Print 5641, an act to amend Chapter 137 of the Laws of 1877.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 330, by Senator Carlucci, Senate Print 4682, an act to authorize.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Announce the results.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT MARTINS:The bill is passed.

THE SECRETARY:Calendar Number 461, substituted earlier by Member of the Assembly Markey, Assembly Print 6976, an act to amend Chapter 704 of the Laws of 1991.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT MARTINS:The bill is laid aside.

Senator DeFrancisco, that concludes the noncontroversial reading of today's calendar.

SENATOR DeFRANCISCO: Thank you. I would request that you do the controversial reading.

And I understand this is an important bill and it's going to be debated. However, we have something going on very shortly that we are going to recognize the Women of Distinction. If there's a way the sponsor and those who want to ask questions can do it succinctly, it would help everyone. And we moved it as quickly as we can so we wouldn't be in this position, so I'm asking for that courtesy. Thank you.

Would you read the controversial calendar.

ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.

The Secretary will ring the bell.

The Secretary will read.

THE SECRETARY:Calendar Number 461, by Member of the Assembly Markey, Assembly Print 6976, an act to amend Chapter 704 of the Laws of 1991.

SENATOR SQUADRON:Explanation.

SENATOR GIANARIS:Mr. President.

ACTING PRESIDENT MARTINS:Yes, Senator Gianaris.

SENATOR GIANARIS:I would just like to make a suggestion on the heels of what Senator DeFrancisco said.

This is an important bill, and there's some substantial questions. The underlying law does not expire for a couple of weeks. So if the majority feels so strongly, they could feel free to lay it aside for the day, we can come back and debate it when we have more time.

ACTING PRESIDENT MARTINS:Thank you, Senator Gianaris.

Senator Marcellino, an explanation has been requested on the bill.

SENATOR MARCELLINO:This legislation, Mr. President, would extend the existing ticket-scalping law which expires on May 15th for a full period of one year.

ACTING PRESIDENT MARTINS:Senator Squadron.

SENATOR SQUADRON:Would the sponsor yield for a question.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:The sponsor yields.

SENATOR SQUADRON:In what way is this bill different than the extender that was passed in 2014?

SENATOR MARCELLINO:In no way.

SENATOR SQUADRON:If the sponsor would continue to yield.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:The sponsor yields.

SENATOR SQUADRON:In what way is this different than the extender that was passed in 2013?

SENATOR MARCELLINO:To my knowledge, in no way.

SENATOR SQUADRON:If the sponsor will continue to yield.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:The Senator yields.

SENATOR SQUADRON:In what way is this different than the extender that was passed in 2012?

SENATOR MARCELLINO:Are you going to ask me about '11 and '10 also?

SENATOR SQUADRON:I'm only allowed to ask one question at a time, through you, Mr. President.

SENATOR MARCELLINO:You can extend the question, because the answer is the same for all of them.

ACTING PRESIDENT MARTINS:Senator Marcellino.

SENATOR MARCELLINO:The answer is the same for all of them.

SENATOR SQUADRON:If the sponsor would continue to yield.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:Yes, he will.

SENATOR SQUADRON:I assume "all of them" includes 2011?

SENATOR MARCELLINO:Yes.

SENATOR SQUADRON:If the sponsor would continue to yield.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:The Senator yields.

SENATOR SQUADRON:And 2010?

SENATOR MARCELLINO:I think I said that already.

SENATOR SQUADRON:Thank you. If the sponsor would continue to yield.

SENATOR MARCELLINO:Yes.

ACTING PRESIDENT MARTINS:The sponsor yields.

SENATOR SQUADRON:Last year on the floor the sponsor said, when we were debating this bill, that we would talk about amendments in the coming weeks, both around transparency issues that the sponsor has long carried and along the lines of protecting charities from profiteering that I have long carried. Have any of those discussions proceeded?

SENATOR MARCELLINO:Not to my knowledge.

SENATOR SQUADRON:Thank you.

On the bill, Mr. President.

ACTING PRESIDENT MARTINS:On the bill, Senator Squadron.

SENATOR SQUADRON:It's become an annual tradition in this house since 2010 to pass this extender of the resale law without amendments.

The discussions that were promised last year on important amendments to this bill did not happen, as they have not happened in the preceding five years. Here we are again passing a bill that remains unchanged, a bill that allows profiteering from the resale of tickets that were meant to raise funds for charities.

Last year I spoke about the 12-12-12 Concert when artists donated their time to help Sandy victims. The show sold out in minutes, and resellers posted tickets at prices up to $6,500, without any of the profits aiding victims as the artists had intended.

In 2013, Billy Joel performed a charity concert for Long Island Cares, the Harry Chapin Food Bank in Suffolk County. The tickets were sold out in minutes and then resold online for $4,000, none of it going to the charity.

This year the MusiCares MAP Fund will host a benefit concert -- again, Billy Joel and Joan Jett -- to raise money for addiction treatment. Tickets started at $65, being resold on CheapOnlineTickets, EBay, StubHub for over $1,250.

Bombshell the Musical is a one-night-only performance on June 8th this year for the Actors Fund, which supports healthcare for theater professionals. Tickets were $100 as part of a Kickstarter campaign to get people involved. They were resold for $2,300, and on Craigslist resellers are soliciting the highest offers they can get.

The list goes on and on.

Think about it. Profiteers making money to line their own pockets off the backs of the generosity of artists, and instead of allowing the charities who are supposed to be the beneficiaries to get the dollars they so desperately need.

As a great Long Islander might say: Billy Joel, Alicia Keys, New York, not New Jersey; Roger Waters, Bon Jovi, Kanye West, Broadway shows; Eric Clapton, Rolling Stones, Bruce Springsteen, Dave Grohl; Chris Martin, Michael Stipe, what a lineup, what a night.

We shouldn't scalp these tickets. They were too expensive, tried to tell the Senate. We shouldn't scalp these tickets. Five years to write it, it's our chance to fight it. We shouldn't scalp these tickets.

Or, to quote Jay Z when he played for the Police and Fire Widows' and Children's 9/11 Benefit Fund: "We are truly disheartened that certain individuals" -- this is Jay Z -- "We are truly disheartened that certain individuals would choose to benefit from what is meant to be a hundred percent charitable event. We do not support any profits made from reselling any ticket that was meant to be purchased by honest fans." That's the artist talking.

Let's stick with Jay Z.

V to the izz-O, T to the izz-E, welcome ladies and gentlemen to the 8th wonder of the world, the New York State Senate ... oh it's timeless ... VOTE No! Thanks for comin' out this afternoon. You could have been anywhere in the world, but you decided to come to session. I appreciate that.

H to the izz-O, T to the icket, on charity shows sezillers say "stickit." Of ticket scalping you wouldn't believe, charities cheated, funds diverted like thieves.

V to the izz-O, T to the izz-E, stop this bill, stand with me. V to the izz-O, T to the izz-E. Now's the time, Mr. President, I vote -- and I hope you do as well -- N to the izz-O.

Thank you, Mr. President.

(Laughter.)

ACTING PRESIDENT MARTINS:Thank you, Senator Squadron.

Any other members wishing to be heard?

Seeing none, debate is closed.

The Secretary will ring the bell.

ACTING PRESIDENT MARTINS:Read the last section.

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

ACTING PRESIDENT MARTINS:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT MARTINS:Senator Marcellino to explain his vote.

SENATOR MARCELLINO:Yes, Mr. Chairman, to explain my vote.

We talked about hearings and we talked about a meeting. And I would be more than happy to have them, but a meeting and a hearing requires two houses to make it work. So perhaps the Senator could issue and rewrite his report and rewrite his music and take it over to the other house, who has yet to get back on a meeting date to have the conference that would be required to consider the amendments he would like in the bill.

We will be happy to have them in the bill, or talk about them, anyway, but we need another house. So go over there and play your music there, and get them to answer the question and set a date.

I vote aye.

ACTING PRESIDENT MARTINS:Senator DeFrancisco.

SENATOR DeFRANCISCO: No to the Dan-O, yes to the fan-O who wants to see Jay Z.

I vote aye.

(Laughter; applause.)

ACTING PRESIDENT MARTINS:Senator Squadron.

SENATOR SQUADRON:On behalf of my constituent Jay Z, I wanted to thank Senator DeFrancisco for his fandom.

I continue to vote no.

ACTING PRESIDENT MARTINS:Announce the results.

THE SECRETARY:In relation to Calendar 461, those recorded in the negative are Senators Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Hassell-Thompson, Hoylman, Montgomery, Peralta, Perkins, Rivera, Savino, Serrano, Squadron, Stavisky and Stewart-Cousins.

Absent from voting: Senators Krueger, Panepinto and Parker.

Ayes, 41. Nays, 17.

ACTING PRESIDENT MARTINS:The bill is passed.

Senator DeFrancisco, that completes the controversial reading of today's calendar.

SENATOR DeFRANCISCO: Yes, I'd like to thank both sides of the aisle for their courtesies so we can get to this event.

Secondly, tomorrow we have West Point Day. Please be here on time to honor those who may be in combat next year.

And is there any further business at the desk?

ACTING PRESIDENT MARTINS:There is no further business at the desk.

SENATOR DeFRANCISCO: That being the case, we'll adjourn until Wednesday, May 6th, at 11:00 a.m.

ACTING PRESIDENT MARTINS:On motion, the Senate stands adjourned until Wednesday, May 6th, at 11:00 a.m.

(Whereupon, at 5:34 p.m., the Senate adjourned.)