Tuesday, May 17, 2016

THE SECRETARY:In Senate, Monday, May 16th, the Senate met pursuant to adjournment. The Journal of Sunday, May 15th, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT GRIFFO:Without objection, the Journal will stand approved as read.

Presentation of petitions.

Messages from the Assembly.

The Secretary will read.

THE SECRETARY:On page 40, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 9686 and substitute it for the identical Senate Bill 7351, Third Reading Calendar 796.

ACTING PRESIDENT GRIFFO:The substitution is so ordered.

THE SECRETARY:On page 42, Senator Carlucci moves to discharge, from the Committee on Transportation, Assembly Bill Number 5235B and substitute it for the identical Senate Bill 3458B, Third Reading Calendar 842.

ACTING PRESIDENT GRIFFO:The substitution is so ordered.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports of state officers.

Motions and resolutions.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I move to adopt the Resolution Calendar, with the exception of Resolutions 4799, 4800, 5540, 5570, and 5602.

ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolutions 4799, 4800, 5540, 5570 and 5602, signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted as indicated.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Would you please take up the privileged resolution by Senator Akshar, read it in its entirety, and then call on Senator Flanagan, please.

Well, I take that back. Instead, could we please take up previously adopted Resolution 4815, by Senator Ranzenhofer, read it in its entirety, and call on Senator Ranzenhofer to speak.

ACTING PRESIDENT GRIFFO:The Secretary will read Resolution 4815.

THE SECRETARY:Legislative Resolution Number 4815, by Senator Ranzenhofer, honoring Barry G. Miller posthumously upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate.

"WHEREAS, It is incumbent upon the people of the State of New York to recognize and acknowledge those within our midst who have made significant contributions to the quality of life therein; and

"WHEREAS, It is the sense of this Legislative Body to recognize the caring concern and heroic acts of those exemplary citizens, who take prompt and appropriate action in emergency situations, and in doing so, help others to avert life-threatening danger; and

"WHEREAS, This Legislative Body is justly proud to honor Barry G. Miller posthumously upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; and

"WHEREAS, The New York State Senate Liberty Medal was established by resolution and is awarded to individuals who have merited special commendation for exceptional, heroic, or humanitarian acts on behalf of their fellow New Yorkers; and

"WHEREAS, Barry G. Miller was born on June 6, 1965, to Tracy and Loretta (Werner) Miller in Batavia, New York; and

"WHEREAS, In 1983, Barry G. Miller graduated from Byron-Bergen High School, Bergen, New York; he was the owner of Miller's Millworks in Bergen, and the Beaver River Lodge in the Adirondacks; for several years, he also worked for the Rochester Eye and Tissue Bank; and

"WHEREAS, Dedicated to the community in which he lived and worked, Barry G. Miller held the title of Chief of Emergency Medical Services in Bergen and was a member of the Bergen Fire Department for over three decades; and

"WHEREAS, On many occasions, Barry G. Miller acted with bravery and steady precision in dealing with the risk and drama of emergency situations; and

"WHEREAS, In the performance of his duties as an emergency responder, Barry G. Miller was tragically killed in an ambulance accident on his way to a fire call in September of 2015; and

"WHEREAS, Barry G. Miller made the ultimate sacrifice while faithfully executing his responsibilities, serving with dedication, loyalty and compassion; and

"WHEREAS, Barry G. Miller was a member of Leadership Genesee, Class of 2008; Leadership Genesee established a Lifetime Achievement Award in his honor, and the first Barry Miller Lifetime Achievement Award was presented in December of 2015; and

"WHEREAS, Barry G. Miller, through his spontaneous and heroic actions, demonstrated his character and his compassion for the welfare of others, personifying, by virtue of his actions, the collective concern of ordinary citizens across the community of the State of New York who voluntarily respond when others are in need of help; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Barry G. Miller posthumously upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Barry G. Miller."

ACTING PRESIDENT GRIFFO:Senator Ranzenhofer.

SENATOR RANZENHOFER:Thank you, Mr. President.

It's with a humble heart that I rise today to present the Liberty Medal to Barry G. Miller posthumously, which, as was just said, is the highest honor given to a civilian in New York State. And earlier today at the EMS ceremony, Barry Miller was honored during the memorial dedication ceremony and I had an opportunity to speak there.

We're joined today by his parents, Tracy and Loretta, and also his sister Pam and brother-in-law David. And we're also joined and we were joined earlier today by many members of the Bergen fire company and EMS service, and Leroy and some other communities in Genesee County.

And I just want to speak briefly about Barry Miller because, as was stated, this is the highest honor that a civilian can receive. And I think that Barry would have been the last person in the world to say that this is something that I deserve, this is something that I earned, this is me. The way he viewed life, and I think the way that everybody else viewed life, is that this was for somebody else, somebody else was the hero, somebody else committed acts of heroism, it was somebody else's valor who should be recognized.

Barry was a low-key, very important part of our community. As was stated in the resolution, you know, very active in the fire service and EMS service, a businessman, an elected official, the real heart and soul, bread and butter of our community.

So it's bittersweet today, as I told the family earlier when I greeted them at the ceremony, it's very bittersweet that I rise today to present this very, very esteemed Liberty Award to Barry Miller, and to accept that today will be his family.

So thank you very much, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Ranzenhofer.

Senator Gallivan.

SENATOR GALLIVAN:Thank you, Mr. President.

I too rise to honor Barry Miller and the things that he has done, his selfless actions for the community. He is well deserving of this recognition.

Not everybody knows, but I grew up in Bergen as a neighbor of the Millers. My mother still lives in Bergen. The family, over time, have been wonderful members of the community. They, like many of us, were raised to care about their neighbors. And Barry carried that throughout his life.

So I would like to thank the Millers. I would like to thank the others that traveled from Bergen, many friends, for being here today, for the things that you do for our community.

And it is, while sad, very appropriate that we honor Barry, and I thank Senator Ranzenhofer for bringing forward the resolution.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Gallivan.

As indicated, the resolution was adopted on April 12th of this year.

We want to extend our sincere condolences to the Miller family, to all of the guests who have traveled today from Bergen here. We acknowledge his great service to the community and his good deeds that he's accomplished.

So on behalf of the Senate, we welcome you, and again we express our deepest sympathy.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Can we please take up a previously adopted resolution, Number 3988, by Senator Serino, read the title only, and then call on her, please.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 3988, by Senator Serino, honoring John M. Flowers posthumously upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate.

ACTING PRESIDENT GRIFFO:Senator Serino.

SENATOR SERINO:Thank you, Mr. President.

John Flowers was truly one of a kind, and I consider it an honor to even have known him, let alone be able to call him a friend.

A distinguished Vietnam veteran with an infectious personality, John's commitment to our nation and to our local community extended far beyond his time in the service.

And I don't know if his family even knows, but I first heard about John eight years ago when my brother, Don, who was 6-foot-7 and a bodybuilder, told me he was going to be an elf for Christmas giving out gifts at our local hospitals.

And from there, I had the honor of meeting John Flowers and joining with him at the hospital passing out roses for Mother's Day to all the moms at the hospitals, going in the nursing homes, celebrating Christmas in February with our veterans. Your dad and friend was an amazing individual.

John stood for hope, he stood for happiness, and he stood for humanity across the Hudson Valley. I don't think that I've ever met a City of Poughkeepsie resident who hasn't been truly touched by his work. He was a ray of light in the darkest days for more people than he will ever know. I cannot think of anyone more deserving of our state's highest honor.

His family is here with us today, and I know that John is smiling down on them -- not because we're here paying tribute to his life and legacy but because they have continued his incredible work without missing a beat. This award belongs just as much to them as anyone else. I see his daughter Yvonne, his son Frank, and I see Ralphynne, his partner, and Lisa Odendahl, a dear friend. Thank you for being here today.

So to the Flowers family, on behalf of the State Senate, I thank you for sharing your father with us for all of these years and for continuing to give back to the community he not only loved but helped to build. May his legacy and dedication serve to inspire others to serve with the same passion.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Serino.

The resolution was adopted on March 1st of this year.

Again, the Senate would like to extend our sincere condolences to the Flowers family. We appreciable you being here in attendance and the many good works and deeds of Mr. Flowers.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, could you now take up previously adopted Resolution 4738, by Senator Carlucci, read the title only, and then please call on the Senator.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4738, by Senator Carlucci, congratulating the Ossining High School Girls Varsity Basketball Team and Head Coach Dan Ricci upon the occasion of capturing their fourth consecutive New York State Public High School Athletic Association Class AA State Championship and winning its first ever Federation Tournament of Champions.

ACTING PRESIDENT GRIFFO:Senator Carlucci.

SENATOR CARLUCCI:Thank you, Mr. President.

It's an honor and a privilege to stand here on the floor of the Senate and pay tribute to the Ossining Pride Women's Varsity Team, sitting right up in the gallery. This is their fourth consecutive year of winning the state championship for women's varsity basketball. And it's so impressive.

We have a coach in Ossining, Dan Ricci, who has been the head coach for the varsity team in other sports as well for 25 years and has really perfected the art of coaching.

These ladies that are here today are really teammates. They work so hard together. They work throughout the year. And that's part of the reason why they've been so successful.

It's made of up of some seniors, some freshmen. The Journal News, which covers the Westchester-Rockland area, named them one of the top teams, obviously. But we have the Rookie of the Year who's here. We also have our MVP through the whole region.

One player individually I wanted to shout out is Shadeen Samuels, who is a senior and next year is going to Seton Hall, got a full scholarship to go there and play basketball at Seton Hall. And during her career at Ossining High School, she scored over 1700 points. So I think that we'll be seeing her and the other teammates in the future, hopefully playing professionally.

But besides that, they've got a great head on their shoulders so they could do so much, whether it's professional sports or anything that they choose to do.

So it's just with great honor and pride that I get to represent these lovely women in the New York State Senate. And on behalf of the entire State Senate and the State of New York, we want to congratulate all of you and thank you for putting forth your best effort to make sure that you have a successful team.

And I know that the community, the teachers, the family and surrounding community in Ossining is so proud of you. So congratulations on what you've achieved, and we look forward to many more successes from all of you. Thank you so much.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you Senator Carlucci.

We welcome and congratulate the Varsity Girls Basketball Team from Ossining. Thank you so much for being with us. Congratulations.

The resolution was adopted on April 6th of this year.

Senator DeFrancisco, without objection, the two previous resolutions as well as the current have been requested for cosponsorship.

SENATOR DeFRANCISCO: So open them up.

ACTING PRESIDENT GRIFFO:So the resolutions are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Now I'd like to call for the privileged resolution by Senator Akshar, have it read in its entirety, and call on Senator Flanagan, please.

ACTING PRESIDENT GRIFFO:May I just have some order in the house, please.

The Secretary will read.

THE SECRETARY:Legislative Resolution 5721, by Senator Akshar, mourning the death of former New York State Senator Thomas W. Libous, dedicated political leader and strong advocate for the people of this great Empire State.

"WHEREAS, It is with profound sorrow that this Legislative Body, representing the people of the State of New York, is moved this day to pay tribute to an eminent gentleman of indomitable faith and dedication whose public service and countless accomplishments will forever stand as a paradigm and inspiration for others; and

"WHEREAS, Thomas W. Libous, a native of Johnson City, New York, died on Tuesday, May 3, 2016, at the age of 63; and

"WHEREAS, Born on April 16, 1953, in Binghamton, New York, Thomas W. Libous grew up in Johnson City, and graduated from Johnson City High School, where he was president of his senior class; and

"WHEREAS, Furthering his education, Thomas W. Libous attended Broome Community College before earning his bachelor's degree in both marketing and finance with honors from SUNY Utica; and

"WHEREAS, Thomas W. Libous' interest in politics led him to work on campaigns for his Uncle Alfred, who was serving as the mayor of Binghamton; and

"WHEREAS, In 1983, Thomas W. Libous began his political career after being elected to the City Council in a South Side district in Binghamton; he was re-elected for another term; however, events in Albany would soon change the course of his career; and

"WHEREAS, After New York State Senate Majority Leader Warren M. Anderson announced that he would not seek re-election, he publicly endorsed Thomas W. Libous, who immediately filed his intention to run for Anderson's Senate seat; his career decision was proven to be the right one when, within a very few years, he was selected to serve as deputy majority leader, and in 2010, he was named chairman of the Senate Republican Campaign Committee; and

"WHEREAS, In terms of policy, Senator Thomas W. Libous built a reputation as an advocate for disabled people and childhood literacy; and

"WHEREAS, Helping kids was always an important priority to Senator Thomas W. Libous; he proudly founded two local programs specifically for families: YES! Safe Choices for Kids, which taught kids about the dangers of drugs and alcohol, and BOOKS, which encouraged kids to become better readers; and

"WHEREAS, In 1998, Senator Thomas W. Libous founded the Student Community Service Awards through a partnership with WBNG-TV and Broome-Tioga BOCES to award scholarships to high school seniors based on community volunteer work rather than grades; this vital program awarded scholarships to over 400 local students to attend college in New York State; and

"WHEREAS, In 2006, Senator Thomas W. Libous established Buy From the Backyard to encourage buying locally grown produce, and six years later, he partnered with UHS and Lourdes to create I Turned Pro to increase prostate cancer awareness; and

"WHEREAS, Senator Thomas W. Libous was a strong supporter of Special Olympics in Binghamton; he spent quality time with the athletes, ran alongside of them during their events, and handed ribbons out at the end of the day; and

"WHEREAS, During his career, he chaired numerous committees, including Transportation, Alcoholism and Drug Abuse, and Mental Health and Developmental Disabilities; throughout his illustrious tenure, he worked tirelessly as an advocate for individuals with mental health and developmental disabilities; and

"WHEREAS, As chair of the Mental Health and Developmental Disabilities Committee and the Select Committee on the Disabled, Senator Thomas W. Libous championed initiatives to protect and improve services for the most vulnerable New Yorkers by authoring legislation to provide tax credits to employers who hire individuals with disabilities; and

"WHEREAS, Senator Thomas W. Libous fought for Community Workforce Reinvestment to ensure state dollars followed patients moving from institutions into the community; he also wrote legislation to adopt reasonable accommodations for those with disabilities into state law, and created the Traumatic Brain Injury (TBI) Program to offer those who have a TBI a chance to live a more normal life in their community; and

"WHEREAS, In addition, Senator Thomas W. Libous introduced Kendra's Law, which provides assisted outpatient treatment for individuals unlikely to survive in the community without supervision; the law was named after Kendra Webdale, a young woman who died in 1999, after being pushed in front of a New York City subway train by an individual in the community who was not receiving treatment for his mental illness; and

"WHEREAS, Senator Thomas W. Libous, affectionately known as "The Boss" by his staff, was a resolute and great voice for the Southern Tier; his zeal and dedication to his constituents, his ability to put together deals, and his vision for the future helped his community persevere during times of economic change while continuing to enhance the quality of life of all citizens, ensuring a positive business, institutional and educational climate, and providing all essential services; and

"WHEREAS, During the aftermath of the devastating floods of 2006 and 2011, Senator Thomas W. Libous went above and beyond to do everything he could to help those in need; he procured local grants for volunteer fire departments, secured buyout grants, and diligently sought aid from neighboring states, as well as rode along with a Red Cross truck through the towns of Conklin, Kirkwood, Owego and Bainbridge handing out food, water and cleaning supplies; and

"WHEREAS, His 14 terms of office benefited the Southern Tier community, which was evident in sports venues such as NYSEG Stadium, the ice rink at the Broome Community College, bringing the PGA Champions Tour's Dick's Sporting Goods Open to Endicott, transforming the B.C. Open from a small regional tournament to a nationally recognized event drawing more than 80,000 fans each year, and his unremitting commitment to keeping the Binghamton Mets Baseball Team in the city, the farm team of his beloved New York Mets, as well as bringing the Ottawa Senators Hockey League affiliate to Binghamton, to infrastructure improvements, to capital development at Broome's institutions of higher learning, including the Binghamton University Event Center, and Binghamton University's School of Pharmacy; and

"WHEREAS, Senator Thomas W. Libous worked tirelessly to grow the Southern Tier's economy and improve the quality of life of all its residents; he was instrumental in the purchase of the IBM-Endicott campus and its microelectronics operation by a consortium of investors, from which Endicott Interconnect Technologies was formed in 2002 and employed more than 2,000 workers at its peak; and

"WHEREAS, In 1995, Senator Thomas W. Libous negotiated the development aid package for Maines Paper, which led to 800 jobs and a boost in annual economic activity for Broome County; and

"WHEREAS, Thomas W. Libous was a gentle man, beyond the ordinary, and an unforgettable person of generosity and goodwill; he was truly a man of values and commitment, with a warm smile he generously gave for the benefit of his community; and

"WHEREAS, Loyal friend, trusted advisor, ardent fighter for the causes in which he so strongly believed, the accomplishments of Senator Thomas W. Libous are legend; and

"WHEREAS, Survived by his wife, Frances, their two sons, Nicholas and Matthew (Katie), and a grandson, Campbell Jude, Thomas W. Libous will be deeply missed and truly merits the grateful tribute of this Legislative Body; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to mourn the death of former New York State Senator Thomas W. Libous, and to offer its sincerest condolences to his family; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Thomas W. Libous."

ACTING PRESIDENT GRIFFO:Senator Flanagan.

SENATOR FLANAGAN:Thank you, Mr. President. I rise to speak on the resolution.

And it's interesting when you have the title read and then you have the resolution read in its entirety, the phrase that leaps off the page immediately for me was in the beginning, about having indomitable faith.

So let me start by recognizing the Libous family, who were gracious enough to join us here today. I see at least Nick is smiling over there. Matt, you've got to throw me out a smile too. And I know Fran is going to be smiling. And so we're obviously joined by Tom's wife, Fran, his son Nick, his son Matthew, his daughter-in-law Katie. Matt and Katie are the proud parents of Campbell, otherwise known as Cam, who I'm sure has always been the apple of the Libous grandparents.

We're also joined in the balcony by Rick and Susan, his brother and sister, who did readings at the funeral for Tom.

And we are joined by a number of our former colleagues, without any particular order -- if I leave somebody out, it's only because I don't have my glasses on. So I see Senators -- let me get it here right -- Senator Lack, Senator DeCarlo, Senator Volker. Senator Alesi I know is going to be here. Senator Johnson. Senator Saland. Senator Stachowski.

The mayor and a dear family friend, the mayor of the City of Yonkers and a very close friend to Senator Libous, and that's Michael Spano.

The last two gentlemen I want to introduce are former colleagues. But you know, in our lives we have professional components of our career and then we have personal components of our career. And if you're lucky, the two overlap. And if you stay here for an extended period of time, they can overlap more where it turns into a friendship as opposed to a professional relationship. Senator Spano and Senator Maziarz, at least from where I sit, were probably the two closest friends, certainly in a legislative capacity, but in life -- and their spouses -- who were deeply involved with the Libous family.

And I know that they spent some of Tom's last waking moments with him, which provided solace and comfort to them and I'm sure to the Libous family and to Tom as well.

So let me go back to the family. I spoke at my own father's funeral so, Matt, I know it's one of the toughest things you'll ever do. But you spoke very eloquently. So props to you for doing that under extraordinarily difficult circumstances.

And some of you have heard me say this, Fran -- my goodness, I could spend a very long period of time just talking about Fran. And I don't know her as well as a lot of other people do, but here's what I've come to learn. She is a wonderful human being. She's an extraordinarily caring person. She has a heart that is way bigger than that clock that's standing behind her. And she is -- I described that she had come into our conference -- a best friend, soul mate, a nurse, an advocate, a mom, a wife, a grandmother, a professional and someone who was the ultimate alter ego for our colleague.

And Fran has indomitable faith as well. And I had a chance to speak with her since Tom's passing, and I think that she is starting to find a level of peace because she is acutely aware that Tom is in a better place, no longer suffering. And God knows, over what was approximately seven years, there isn't any way on God's green earth that Tom would have survived without the love and support and intervention and care of his loving wife.

So to Fran, since you are the lady in charge, I just want to offer special recognition to you on behalf of our colleagues and the entire Senate. We are so grateful that you shared Tom with us. We are equally grateful that you are here today to hear a number of our colleagues talk about their own interactions with him and why everybody considered themselves frankly so lucky to have worked with him.

So I wrote down a couple of things to be direct and to the point. You know, in everybody's life we have people that are important to us. And in asking, I can give my own thoughts. Tom was very good to me, and he provided sage political advice here, after he left, after I became leader. And let's be clear, he loved this stuff. He loved the government, he loved the Senate, he loved being an elected official, he loved delivering. But he loved the politics. He loved the politics because it was always intertwined with trying to do the best thing on behalf of his constituents.

And I want to talk about what people say about him as a guy, a person, a friend. But he was a -- he was a good classic New Yorker. We would be in negotiations internally -- not even with the other side of the aisle, but internally -- and somehow at the end of the day there was always something extra for the Southern Tier. And he would be unabashed and he would have a smile on his face, a wink of his eye, and he could care less. If you figured it out after the fact, that means he did his job.

I asked the people who worked directly with Tom here on the floor in our staff, and it was remarkably consistent what people had to say. Terms like "mentor," "friend," "colleague." I heard the term "boss." And all of those were applicable.

So Tom, smart as he was, surrounded himself with wonderful women in his life -- not only his wife, his sister, his daughter-in-law, but many of our senior staff worked with Tom very directly. So of course I asked them what did they think.

And there's a person whose name I mentioned before who learned so much and taught so much in her relationship with Senator Libous, and that's Rebecca. Rebecca is now our first deputy, but she cut her teeth here on the floor working on all kinds of issues that were beneficial to the people of the State of New York, keeping things working along seamlessly and smoothly.

She gave me permission to talk about this. She had her own bout with cancer. She was strong, she was resolute, she was firm, she was tough. And part of the reason she was able to do that was because she had this guy sitting right to her right. They were going through it. Going through it. She's here. And I truly believe one of the reasons she's here is because of Tom Libous.

She told me that in 2012, Tom was in the middle of his travails, if you will, and she was starting to turn the corner. And she didn't have any hair. And look at how beautiful she looks today. She was beautiful then, she is beautiful now. She told me that one of their stories back and forth, as she was starting to regain her hair, Tom's was getting a little thinner, losing more of it -- but, Fran, he was always tan. We always know he was always tan. Especially when he came back from his sojourns to Florida with you and the family and with friends.

One of the things that Rebecca said to me was that Senator Libous had a keen ability to get things done. You could watch -- and it's all on video, but you could watch. People would come over, people on this side of the aisle, people on that side of the aisle, people on the Democratic side of the Assembly, people on the Republican side of the Assembly. It was sort of a mobile office here on the floor for Senator Libous. He was a go-to person.

And he had a joi de vivre and he was smart enough to know not to sweat. Rebecca said he was always very good at keeping things in perspective.

Now, on the floor here we have the bat phones. There's about four or five of them here, so if you need to get calls or make calls, you can make the calls. This phone will ring and it's got the ID on it. I learned that no matter what was going on, no matter who may be calling -- it could be the Governor, it could have been me, could have been anybody else, could have been counsel's office -- the only call he ever took was from that lady who was his wife. Didn't matter what the hell was going on on this floor. He could be in the middle of a debate, but he always picked up the phone. And if he had to call back, he did.

That is a sign of love and adoration and affection that you either have or you don't have.

I spoke to Mary Lee, who is what I would describe, at least from a distance, she was not only a great friend, she was the office wife and proudly wore that badge and worked with Senator Libous for 27 years. So I said, "What would you say?"

Now, I'm Irish, so this took a little time. I needed to have it repeated five times. She said "Mafto draha," which is Slovakian. Right? "Mafto draha," which means "dearest mother." She said it with a smile and with love. So Mary Lee, I hope I got it right. If I didn't, I tried. Someone who is extraordinarily important to Senator Libous, as was all his staff. He was adored by the people that worked with him.

And we have many, many other speakers, but at the funeral -- Johnny D and I were talking about this. Those of you who couldn't be there, I'm paraphrasing what someone said. Reverend Jordan spoke at the funeral, and he made a great juxtaposition by talking about Tom's work as a legislator and being a person of faith. Fran, I hope I get it right. He talked about all the money he secured for Tioga Downs, which had gone down and came back up in large part because of Senator Libous. So Reverend Jordan was making an analogy saying that Tioga Downs was a lot like the church. In many respects, it was like a house of worship. It had two steeples. Senator Libous got the funding for that. Dave Valesky was there; he knows what I'm talking about. He said it had two steeples, it was like a church. He said you go there on any given day, you could hear the Lord's name being spoken about frequently. You could hear, at the same time, people praying incessantly throughout the day. And most importantly, like any good church or house of worship, people were making donations all day.

(Laughter.)

SENATOR FLANAGAN:So Reverend Jordan found an appropriate balance there.

But I'm going to close on this, and I'm going to -- well, I'm using her name because I spoke to her. Lisa Harris is our counsel now, and I think this is such a poignant, beautiful sentence. "We shared the love of faith and spiritual openness, and I am forever grateful for the opportunity to have shared some time on this earth with him."

My life is better for knowing Tom Libous, and I hope I can epitomize many of the values he brought to public service.

Mr. President, thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Flanagan.

Senator Klein.

SENATOR KLEIN:Thank you, Mr. President.

I rise today, and I think I speak for everyone in rising to speak about a friend, a colleague, and someone I think we all loved.

You know, I had the privilege of working with Senator Libous even before I got to the Senate, when I was in the Assembly. And I remember my first year in the Assembly I was very anxious get involved in an issue that, by the way, I'm still working on, tax evasion when it comes to untaxed cigarettes. And I heard -- and Senator Flanagan I think said it best -- even back then 21 years ago, the go-to person to get things done in the Senate on legislation was Senator Tom Libous.

So we ran into each other at one of the local restaurants. I went over, introduced myself. And sure enough, he wanted to work with me on this issue. You know, people found it kind of strange, a Bronx Assemblymember and someone who represents the Southern Tier getting involved in an esoteric issue like cigarette tax collection and the evasion thereof.

But we worked very, very closely, and it was one of my first important chapters. And it was really because of the way Tom was able to guide this legislation through the Senate.

You know, ten years later I wound up as one of his Senate colleagues, was once the minority floor leader when he was the majority floor leader, were then flipped to become the majority floor leader when he was the minority floor leader. And during that four-year period, which many would describe as rather contentious, one of the things I can always say is that Tom Libous was dedicated to making sure the Senate floor ran and ran properly.

I think everyone said it best: Anyone who knew Tom, he was a political strategist. He loved the give-and-take. But he also had tremendous love for this institution. And when he saw that we were at odds and we weren't coming together as one, he would do everything possible to make sure the trains ran on time, making sure that we all got our legislation done. And he also wanted to always make sure there was a certain decorum that should always exist in the upper house in the New York State Legislature.

I remember, you know, many, many nights up in his fourth-floor office -- which for a brief two years was my fourth-floor office -- talking to him about a whole range of things: His love of his family, his love of watches, his love of cigars. And he was just someone who was very, very special.

He loved being an elected official. Not really for the sake of sort of lording it over people, but using the power in a very positive way to help his hometown in Binghamton, the Southern Tier, to work with the mentally disabled, which he did so much when he was chair of that committee.

He was somebody who I'll always consider not only a friend but someone that you should look to on what a Senator should be.

Tom, we'll all miss you. But I know you're looking down at us today because you're surrounded by your colleagues who love you and, more importantly, the family that loves you the most.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Klein.

Senator Stewart-Cousins.

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

I rise, as do all of my colleagues here, to really express not only my condolences but my gratitude for the type of individual Tom Libous was.

When I first arrived in the Senate in 2007, my husband Tom lost his battle to cancer. And it was the love of my colleagues here and the tumble and the good that we were doing that kept us all going, kept me going. Tom in particular, because I arrived in circumstances that -- you know, we were on different sides. When I walked into this chamber, Tom became my friend. Tom became somebody that you could talk to about anything. He would tell you what the real deal was, and he'd do it with a smile. Even if it was a little devilish, he would do it, he would say it, and you knew he was telling you the truth.

When Tom decided that you were worthy to be a mentee, he didn't care what side of the aisle you were on. I heard Senator Flanagan talking about the staff there. And one of the things that I didn't know was the kind of mentor he was to Shontell, who's now my chief counsel. When she walked in this floor, she was a new young African-American woman on this side of the aisle who didn't know anything. And --

(Laughter.)

SENATOR STEWART-COUSINS:And guess what? People weren't afraid to tell her that.

(Laughter.)

SENATOR STEWART-COUSINS:But not Tom. Tom said: "You know, you were right. Yes, they should have listened to you." Nurtured her self-confidence and nurtured her ability to stand up and speak truth to power. And today she is our top counsel over here. Tom would be very, very proud of the work he has done, not only for those of us who are, quote, unquote, in power, but for those who are powerless.

Thank you so much for sharing him.

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

Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

Anyone who is watching the national debate in our country knows that there's great divisiveness in our country. There's division in the presidential race, there's division nationally, and yes, here in Albany and New York State we have division as well. We're divided by ideology, we're divided by issues, we're divided by our parties. We're divided in this chamber by this aisle that runs right down the middle of the room to my right.

That doesn't mean that we are always divided. There are some people who try to overcome those divisions, and Tom Libous was certainly one of those people. You're going to hear it throughout the day in the course of the comments made by a number of members -- Democrats, Republicans.

And there was a time when I was -- we heard Senator Klein make reference to his experience sharing the floor leader duties. Now I have that experience as well. And he was so effective that there were times I felt that we were on the same team trying to get the house to operate properly, as if we were co-conductors of a 63-member orchestra and we were all trying to make this place run as efficiently as we possibly could.

And of course we had our assistant conductors in Rebecca and Shontell, who helped us get through it.

But I think that ended up being to the benefit of the people of this state and of the functioning of this body. There were times when I would approach him and, as Leader Flanagan mentioned, sit in that chair, and have his help in getting some of our bills on the agenda. I remember him yelling at Beth and Beth yelling at him, somebody's last-minute bills on the last day of session. And lo and behold, they got done.

And all of this work got done in a way that was enjoyable. It was a true pleasure to come to the floor and work when Tom was here. I remember one of our overnight sessions that seems to happen once or twice a year. I think it was Senator Avella was debating a bill, and Senator Libous was defending it, and Senator Libous got a case of the giggles that wouldn't go away.

(Laughter.)

SENATOR GIANARIS:And we were all sitting here at 3:30 in the morning or whatever time it is, and he's cracking up, which makes everybody else crack up, and it was just a fun time even when we were doing serious work.

A lot of people here knew of my friendship with Senator Libous. It may strike some as a political odd couple, given the roles we had in this chamber and for our conferences. And maybe it's because we both share an affinity for the best baseball team in New York, we both love the New York Mets and share that. Sorry to my colleagues from the Bronx, but they are better, this year at least.

But one of my fond memories was -- I don't know how many people know this. I think we kept it a secret at the time. But Senator Libous and I snuck down to a Mets game together during session. I know Rebecca was aware of it, and some others. But we decided not to tell anyone lest people get hysterical that we were attending sporting events together at the time. But it was a great time and one of the memories I'll remember very fondly.

Aside from the fact that we like the Mets, in seriousness, I think our friendship was based more on the type of person he was. He was a caring, kind man who did like to mentor people. And frankly, his experience here was greater than mine when I got here and he was a great help in helping me learn the ways of the floor procedure.

And he's someone who cared deeply about not only the people he represented and the people of this state, but the people that he interacted with every day, even if they were adversaries from a work perspective. Don't get me wrong -- I enjoy greatly working with Senator DeFrancisco and we've had a good session; hopefully we'll conclude as effectively as we've been running things so far.

But I do miss Tom Libous, may he rest in peace.

ACTING PRESIDENT GRIFFO:Thank you, Senator Gianaris.

Senator Valesky.

SENATOR VALESKY:Thank you, Mr. President.

First of all, let me just say that I've been here in the Senate now for 12 years, and over those 12 years we've had a lot of resolutions on the floor, a lot of bills, a lot of debates. But it just struck me that at this moment there are a lot of people in this room right now, and I have never heard it as quiet as it is right now.

You know, and to Fran and his sons, maybe that's the greatest respect for someone, beyond the words that we will all share.

I'd like to just share one brief story. And Tom and I got to spend a lot of time in these last few years, as we had a very, very collegial professional relationship as it related to this experiment called coalition government over the last few years. We got to know each other very well in that regard. But before that, Tom and I had a unique start to our friendship.

And I want to just -- before I mention that, I want to say to Senator Flanagan the day after Tom passed, Senator Flanagan announced his passing here on the floor and referred to the Senate as a family. And I'll always remember that, and I know that everyone here believes that with every fiber of their soul. And that is why, in part, it is so quiet today and right now during this resolution.

But a few years ago I was in a rather unique situation. I'm not sure anyone else in this chamber -- maybe one or two -- has experienced this, but it was near the conclusion of the 2010 legislative session. And Tom had, I think just before that, or not long before that, been named the chair of the Senate Republican Campaign Committee. And of course we'd had a difficult and tumultuous, as Senator Klein indicated earlier, a tumultuous couple of years. And that June, as we all approached our own reelection campaigns, you know, we knew it was going to be a difficult year. Many on this side of the aisle knew it was going to be a very, very difficult year once we got back home.

And I said to Tom -- and he and I got to know each other a little bit before that, but not terribly much. But I said to him, I said, "You know, we ought to go out to dinner. Let's just go out to dinner and relax a little bit."

So that night -- it was a warm spring evening -- Tom and I went to the Barge, a restaurant over on the Hudson River. And as he and I sat down at that table that evening and enjoying the evening breeze, the warm breeze, enjoying a couple of beers, enjoying a hamburger or two, I knew as we sat there and had a conversation, I knew what was going to happen that summer and fall as a result of the efforts that he had to do. He knew what was coming for me. And yet that two hours, whatever it was, was some of the -- two of the most memorable hours that I have ever spent with someone who became a very, very close friend.

We knew what our roles were, I knew what was coming, he knew what had to be done. But in those two hours, what developed for me was an incredibly close friendship.

And I think that was Tom's greatest strength. He did an awful lot for so many people, but I think his greatest strength was in each and every one of his friendships, everyone had a very, very unique and special friendship with him. That was the genesis of mine.

Miss you, Tom.

ACTING PRESIDENT GRIFFO:Thank you, Senator Valesky.

Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

You know, this indeed is a family, the Senate. And today we're an extended family that has come together. And the number of colleagues who have come that are sitting in the gallery is a testament to we as a Senate and the fact that we can argue, we can fight, but we do care and build relationships.

Tom was hand-picked by Warren Anderson, the majority leader, to replace him. And you know, it's no easy task to come in after the majority leader, because there's so much that the majority leader is doing for their area.

When Tom came in, a young guy, there was a little brashness to him, a little swagger. But you know, as the years went on, that just evaporated and he became a whole different person, a person who was going to mentor people, he was going to bridge gaps. His involvement, Senator Gianaris, with you, in bringing order to our house, camaraderie and getting things done.

Getting things done was critically important to Tom. He was very impatient if you weren't getting things done. He had an ongoing battle about jobs, about jobs. And I have never in all my years seen a colleague work harder, juggle more things to bring jobs to the Southern Tier than Tom Libous. And for a number of years, he would bring in 100 jobs and 200 would evaporate. And he would almost stamp his feet -- "You know, I'm doing everything I can." And he would continue.

He would bring in, I remember one time, 600 jobs -- and another 200 would leave. But he was determined to provide work for the people that he represented, for the people of his district.

As he moved on in his career, he used his personality, his charm, and his understanding of politics. And I want to make a confession here, Fran. He told me here on this floor that you were the better politician.

(Laughter.)

SENATOR LaVALLE: So that was very important, that he was producing.

But I'll tell you, the number of people that loved Tom are many here in this chamber, because it was important to him to use his heart and his mind to be a friend to people. We didn't have to fight, we could get to where we needed to get.

Tom and I disagreed on the fracking issue, and he never once, never once brought up that I was wrong on the issue. Not once. Because that was a strength of his; he understood what he needed to understand to get and move forward.

His relationship, which has been mentioned, with his wife was a critical, critical thing in his life. When he found out he had cancer and the trips down to Sloan -- and I would always ask Tom about it, he and Fran would make that journey. And the most amazing thing -- and I have not faced it, but many people have in this chamber, a doctor telling you you have cancer.

Tom Libous, it was like he stubbed his toe. He would go down and I would say "How are your numbers?" Sometimes he would say, "Well they're up a little. But no worries, no worries." And sometimes he would say, "They're really good, we're moving in a good direction."

Now, as part of all of this, my wife Penny and I got onto the Libous team, as so many people here. And so we would give Tom holy water, prayers, and masses that were said. We even came up with someone that we knew who had used certain crystals, and we went out and we got the crystals for Tom. We bought him a book on all of the homeopathic and other things that you could try to help you out.

And Tom tried everything. He tried -- if someone told him acupuncture worked, he tried it. Whatever it was.

How he fought that disease was the most incredible thing. We saw him on the floor, you would never have known that that man was fighting for his life every day.

Tom will be missed for years, and people will remember his legacy. And so he came in as the Senator to replace Warren Anderson, the majority leader. And he has left as a man who has earned the respect of being a great Senator representing his people and his region.

ACTING PRESIDENT GRIFFO:Thank you, Senator LaValle.

Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President.

I rise to join my colleagues. And certainly the family, I want to speak to the family and just share a couple of my impressions of Senator Libous.

He was one of the unique Senators, especially since I'm on the Democratic side, he was always on the Republican side. But we shared something that I think is extremely important for us to survive in this body, and that is you can't take yourself too seriously. And I always had that impression that he supported that point of view.

And so when we were here in the wee hours for long days and all into the night, it became his responsibility at one point to order the food. And that was a great thing for us, certainly for me, because he had such excellent taste. And when he was going to order the food, I was so happy because it was really -- he understood and appreciated and knew how to find good soul food.

(Laughter.)

SENATOR MONTGOMERY:So if you understand how important that is to someone like me, that was extremely welcome.

And the other thing was he would share some of his unique things that he liked to do. And one of those was he made wonderful sauces. So every holiday he would give us, his colleagues, a bottle of one of his special sauces. And that was the Libous barbecue sauce, I believe, or one of those kind of sauces. I really, really appreciated that, and I still have the last bottle of sauce that he sent me. And I certainly will cherish that forever.

It is always so wonderful to have a colleague who can make you feel very much a part of a total family. And even though I may never have voted with him, he was okay with that. Because he understood institutionally that that's how things go in this legislative body. And so I was very appreciative, I learned so much from him. And I could always feel wonderful with him sitting across the aisle. And he would look over and at least he would acknowledge that he understood your frustration. And whatever was happening, he wanted to make sure that we all felt that we were part of this body equally.

So I thank him, and I thank you for sharing. I certainly understand very, very deeply how many hours away from you he spent. But those hours that he spent with us, we certainly appreciate and will remember forever.

So God bless you. Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Montgomery.

Senator Marcellino.

SENATOR MARCELLINO:Thank you, Mr. President.

When I first got elected some 20-plus years ago to the Senate, Tommy came over to me and said, "I've been asked by the leader" -- Joe Bruno at the time -- "to mentor you."

Now I'm looking at this fellow from a long faraway place called Binghamton, and here I am on Long Island, and how is he going to tell me or teach me anything? I'm from Long Island.

Well, I think he understood, and that didn't deter him from doing his job. He taught me a lot. He showed me a lot. Talked about a mail program, talked about talking to your constituents, meeting with people, taking care of people who have different opinions: Don't worry about that, bring them together, bring them in. Don't force them away. Don't take sides just because they're different or they have a different opinion. Try to bring them in, reconcile. And by the way, if you need a T-shirt, I can get it for you.

(Laughter.)

SENATOR MARCELLINO:If you need glasses, I can get them for you. And he did. At a pretty good price, too.

So all my staff had T-shirts and we had stuff to give out at our fundraisers and stuff like that, and Tommy supplied all that stuff.

But what he supplied was a good sense of humor, a political sense that was, as you've heard, bar none.

I also came in and replaced a majority leader, who went out under not so pleasant circumstances as Tommy's majority leader did. So that set up a series of situations that I had to contend with both up here and in the district. But he said: "Just bide your time. Keep your eye on what you want to do, and then do it. Get your bills passed. Pick the issues that you care about, and push those issues. Don't try to copy anybody else's style, make up your own."

These are good words. They were meaningful. And I thanked Tom after that, because we had a lasting friendship because of that. I realized what he was doing was helping me become a better Senator, and I appreciated that and I appreciated his efforts. I hope he appreciates the result of his work.

But the nature of the beast is, Fran, the family, you had a great person. You had a great man. And it was a privilege and a pleasure to serve with him. And we thank you for sharing it, sharing him with us, and may he rest in peace.

ACTING PRESIDENT GRIFFO:Thank you, Senator Marcellino.

Senator Hassell-Thompson.

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

I rise to thank my colleagues for presenting this resolution on behalf of Thomas Libous and for -- to his family, some of us I'm sure you know our names. Mine is probably one you've heard. I was a pain in his butt, but in the nicest possible way.

He was an extraordinary man. Everybody will say that, and they mean it differently based upon the experience that they had with him.

But I remember when we were getting new cars -- and I had come to leadership, and a car had been assigned to me. So he came and he said, "We're getting new cars, and what do you think?" And I looked at him and said, "You're asking my opinion of what I think?" And he said "Yeah." He said, "You know, you drove one of the old cars and, you know, you have an idea." And I said, "But I'm a woman." He said, "Yeah, but you have an opinion about cars. You're going to be driving a car, you know what you want."

We had a real discussion. And, you know, there are not a lot of people here who feel that women have an opinion that's worth -- has value. Fran, I think you taught him a lot about respecting a woman's opinion. Because certainly I never felt that he was asking idly. That he really did care about the opinion if he asked you. And I appreciated and respected that more than anything.

And some of the things that we remember may seem trivial to some people listening, but to each of us it's endearing. Because this is a hard place to work, and it's a stressful place to work. But there are times when there's a lot of fun, and Thomas Libous contributed his share to making it fun.

I've been here for 16 years. This is my last year. But I am very pleased to have spent those 16 years learning how to be a good legislator. And I can give as much credit to Tom as I can to anybody in this chamber and out of this chamber for my ability to get my work done, because he helped me to get my work done and he helped me to pass bills in a time when most minority members were not getting their bills passed. And that meant a great deal to me and my constituency, because my constituency is very different from his. But he respected that.

And I respected him tremendously, and I thank you for the hours that you allowed us to share with him and don't begrudge us. Because he was very important, and this was important work to him.

Rest in peace, Thomas Libous.

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

Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

My first experience with Tom Libous was when I ran in a Republican primary as an Assemblyman against another Assemblyman. And it was a wicked primary, and Tom Libous was for the other guy.

Now, I didn't know Tom Libous. And to make a long story short, I won the primary. That night I think I got to bed at 2:00 in the morning, exhausted. What did I get myself into? And then I get a call at 8:00 in the morning. And I pick up the phone and it says, "This is Tom Libous. Congratulations, John, you're going to win in the election. I'm sending you a $10,000 check."

So I put my head back in the bed and I said, Was this a dream or did this really happen?

(Laughter.)

SENATOR BONACIC:So -- but to get to know Tom is to love him. And he always served with passion, dedication, commitment and honor in the 26 years he was here.

So I know the last two years were painful for Tom and the family. But rather than tell a lot of stories about Tom, I would like to talk about one-word or two-word attributes that I saw in him.

Sense of humor. Peacemaker. Genuine. Very hard worker. Lovable. Loved serving the people. Greater love for Fran and family. Extraordinary human being. Extraordinary life.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.

Senator Rivera.

SENATOR RIVERA:Thank you, Mr. President.

Tom and me did not have a lot in common. I'm a tall, liberal Democrat Puerto Rican from the Bronx. He was a short, conservative Republican from Binghamton. We're both bald, but that's really about it. We don't agree on much. As was mentioned earlier, he was pro-fracking, I was against fracking. And on most anything, we disagreed.

And when I got here in 2011 I was excited about being here. I had worked in the Senate before, but I'd never been a Senator before, never been an elected official before. And there was a lot of things that I had to learn, things that I'm still learning.

But one of the things that Tom taught me was that we were both equal because we were both Senators.

The level of class that he demonstrated towards me was not something that I expected. Before I was a Senator, I was a Democratic operative. My job was to unelect Republicans. Therefore, when I thought about my interactions with Republicans, it was usually just point at one, I will go destroy him or her.

Tom was one of the people that taught me that governing is different than campaigning. And it's something that, as Senator Gianaris said, a lot of our colleagues nationally still haven't really gotten through their heads.

But again, the level of class that he had, the fact that he always treated me with a certain level of respect. I remember in 2011 when I was here just, again, really excited to be here, still didn't know where all the bathrooms were, I was in the Senator's lounge talking to someone and I realized that there was a discussion on the floor about a bill that I was going to vote no on, and so I had to run back. And I came back in. By the time I got back here, the vote had already taken place.

So I went to Tom and said, "Listen, I kind of needed to vote nay on that bill that was there." He kind of smiled, and he stood up and said, "Mr. President, with unanimous consent, if we could go back to that bill," et cetera. Then he sat back down and said, "You know, kid, we're not supposed to do that. But you just got here, so I'm going to do that for you."

And through the years that he was here, again, I just go back to class. I just go back to the fact that particularly at first when I got here, there was no reason why he needed to be a gentleman to me, and yet he was. And it taught me so much about the way that I should comport myself as an elected official, as a Senator, as a colleague.

I will miss him immensely. I was talking to his family earlier, and I told them that, you know, this is a guy that demonstrated to me what I -- you know, how I needed to be with my constituency. His constituency was very different than mine, but he fought for them every day. I learned that I had to do the same thing. And it likely meant that I was going to have to go toe to toe with Tom Libous, and I looked forward to that.

There's something else that we had in common. We both liked steaks. And there was a steak sauce that was referred to earlier. When we got new desks earlier this year, I was getting stuff out of our desks and putting them in the new ones, and there was a box of papers and such and I was looking through there and I found one of the bottles that he gave us. And I've kept it in my desk ever since. And so I'm going to keep it. I have one at home. It has a little cartoon of him, with some artistic license -- a little bit more hair than he actually had. But besides that, it just -- it will remind me of him. But not just -- you know, not -- steak sauce is not really what I think about when I think of Tom Libous. I think of a guy who was a mensch, who was an immense inspiration to me as far as a public official, as a public servant, as somebody who taught me what being a legislator and being a colleague is all about, someone who taught me what governing should be.

He was a class act. He will be missed. And my sincere condolences to his family.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Rivera.

Senator Kennedy.

SENATOR KENNEDY:Thank you, Mr. President.

First of all, let me start by giving my deepest condolences once again to the Libous family -- to his lovely wife, Fran, his son Nick, his son Matt, his daughter-in-law Katie, his siblings Rick and Susan, his friends that have joined us in the gallery.

You know, Tom -- and his spirit is among us, as you can feel it in this room, although he may not be here physically. And you know, if you have listened over the course of the last hour-plus, we've heard story after story about the type of individual Tom Libous was, not just as a Senator but as a family man and as a leader, not just here and not just in Binghamton, but across this great State of New York.

And the first paragraph of the resolution that honored his life and his service, as the leader, Senator Flanagan mentioned, was his faith. Another phrase that was mentioned was the fact that he was an eminent gentleman. And over and over and over, all of the memories in this Senate chamber here today recognize him being a gentleman, someone of great class, someone of great dignity. And he lived his life like that and he lived his work like that.

And although I didn't know Tom well, because before I was elected to the Senate, Tom had already served in government for 26 years. So he had done so much for this great state and the great community that he represented for 26 years before I even got to know him.

Actually, the first time I ever even learned of Senator Tom Libous was when I was at home back in 2010 and I saw Tom Libous on TV. And Tom Libous was telling the rest of this great state how Tim Kennedy would never be a New York State Senator.

(Laughter.)

SENATOR KENNEDY:And I never had a chance against the great candidate that the Senate Republicans had to run in November.

And fast forward a couple of weeks, and his chest pounding on television was a little bit more tame. I think he saw some polls coming his way; I don't know. But I thought to myself, you know, maybe there's a chance here. The leader of the Senate Republican Campaign Committee isn't as bullish as he was just a couple of weeks earlier. That was my first interaction, from several hundred miles away.

And then when I got here, I met him. And it took me several months to get the grudge I had for him out of my system. Maybe it was a little bit of that Irish grudge that we hold, but every time I would sit here and turn around and look at him, I'd want to sneer at him.

(Laughter.)

SENATOR KENNEDY:You know? And I really didn't have much of an interaction in my first year with him until it was toward the end of the session and, you know, you get to know everybody a little bit more and learn about everybody a little bit more, not only who they are as a representative but who they are as a person, who they are as a character.

And Tom Libous was a great character in this chamber. Whether you were talking to him, whether you were watching him, whether you would see some of the facial expressions that he would make, you would know what he was thinking. You know, he could make his face do some things that no one else could ever possibly do. His eyes would almost bulge out of his head at times, purposely, to make a point, without ever opening his mouth.

Tom was a great character. And the more I got to know him over the course of the last few years since I was elected in 2010, the more not only did I get to like him, the more I got to love him, the more I got to become his friend. And I think that's something that you hear over and over and over in all of these stories. Tom was a friend.

Tom -- yes, he loved politics. You know what Tom loved? He loved people. Yes, he loved his family. Yes, he loved politics. Yes, he loved his great community. Yes, he loved his great state. He loved making people happy. He loved his Mets, both the New York Mets and the Binghamton Mets. He loved the Binghamton Senators. How aptly named, right? It just so happens that the Binghamton Senators that he helped bring to Binghamton were aptly named the Senators, the farm team of the Ottawa Senators.

He served this great state with extraordinary goodwill and dignity. He was a man of great integrity, and he was a human being we could all excel to emulate in this chamber and outside of this chamber. And yes, yes, he was an individual that was a fierce competitor. He was a tough Republican. But you know what? A lot of folks have talked about this aisle that separates us. Tom Libous, because we've all befriended him, would say let's do away with that aisle. Because he was such a fierce competitor, he'd also like to get rid of that aisle because he'd also like to get rid of all of us Democrats.

(Laughter.)

SENATOR KENNEDY:But that's okay. That's part of this profession that we've all taken up. That's part of who we are.

And it was an honor to get to know your husband, your father, our colleague, our friend, our leader, and to have served in this honorable body with him over the course of the last five years. We will certainly miss him. We'll miss his character, we'll miss his influence, we'll miss his intelligence and certainly his leadership in this chamber.

But there's no question in my mind that this Senate body and this great State of New York is much better today than when Tom Libous came to the New York State Senate.

Thank you very much, Mr. President. And once again, my sincerest and deepest condolences.

ACTING PRESIDENT GRIFFO:Thank you, Senator Kennedy.

Senator Robach.

SENATOR ROBACH:Yes, Mr. President.

Let me add my condolences, Fran, to you, the boys, and your whole family. This is definitely a bittersweet day. And I think you're hearing from everybody, there's no doubt that, if nothing else, I think Tom Libous was somebody that loved life, every part of life, and wanted to learn about other people's lives and really embraced every opportunity and chance to help.

You know, sometimes we pass bills here on kids in school need mentoring or even business programs. But to me, Tom was a natural mentor, almost without design. He liked to share his opinion, but he was also acute at looking out or sensing things of the people he would see on this floor. And I mean all people.

Senator Kennedy, he wasn't only -- I use to call him, you know, True Talk Tom. He wasn't only on your elections. When we first got here, John Flanagan and I were in the same class. He came over and gave me this beautiful bag with the Senate logo on it -- I still have it today. And I loved it. And I said, "Oh, Tom, that's so nice of you. Could I pay you for it?" He goes, "No, I'm happy to give this to you." He goes, "Really," he goes, "I never thought I'd be able to give it to you." He goes, "I didn't think you were going to win."

(Laughter.)

SENATOR ROBACH:So he never pulled any punches. He really liked people. He told you what it was. I can remember a lot of times where I would think -- towards the end of session I would go over to Tom and say, "Hey, Tom, I really need this bill." He goes, "Joe, it's 1 o'clock in the morning. It's not going to happen now, it's not going to happen at 2:00, it's not going to happen at 3 o'clock in the morning."

So he would tell you straight, but he would give you a lot of advice. And when I say he had a love for the whole place, there's no lie.

On another light note, Velmanette, it's very funny that you would mention about Tom's love of soul food, because one time after one of Tom's Florida trips he came back to the conference and he was so well-tanned I said, "We now have Binghamton's first African-American Senator amongst us" --

(Laughter.)

SENATOR ROBACH:-- which he wore as a badge of honor.

But I would just say, in conclusion, much has been said. I think Tom, in his mentoring role, always wanted to give advice, always was fair, always was straight, but also -- which is sometimes hard -- he not only talked the talk, he walked the walk. He said, "If you treat people fairly, you focus on your constituents, you do the best you can, you'll be on track."

Tom Libous taught me that not only by speech, but by action. And I think it was good advice then, it's good advice now for everybody in this chamber to live by. And we've definitely all been enhanced by him being here. And I want to thank you for the time -- I know he took a lot of time away from home, and it always concerned him. But he loved you, and he loved this place, and it made a difference in both camps. So thank you.

And Godspeed, rest in peace, Tom.

ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.

Senator Parker.

SENATOR PARKER:Thank you, Mr. President.

First let me -- to Fran and Nick and Matt and all of the Libous family, my thoughts and prayers are with you all.

I am next month celebrating the ninth anniversary of my own father's passing, and there's not a day that goes by that I don't think about my father and what he's meant to me and the loss that I feel. So I'm certainly very sincerely with you and thinking about you and praying for you and all that you're going through right now.

We're kind of at that point in the program where everything has been said but everybody hasn't said it, so I'm not going to speak long.

But I really thought of Tommy as a friend and somebody who, like many other people in this chamber, was mentored by him. I had the fortune, when I first got here, to have an office right next to his. And he called me in one day to his office -- which surprised me, because I didn't even know he knew my name -- and just talked to me just man to man and asked me about myself and offered his help, offered, you know, guidance, offered -- just told me that like if I needed anything, you know, to come see him.

And I really just thought it was just something that -- you know, we're politicians, we say lots of things. And so I just thought it was one of those things that somebody just says to you.

But he consistently, when I first got here, was one of the people who consistently spoke to me all of the time. And because no one knew me, to have a member of the majority -- and I was the youngest member of the Senate long ago, in those days. And so to have somebody who had been serving as long as he had and someone who was chairing a committee come talk to me and ask me about legislation and talk to me about things really meant a lot.

And over the years I realized that when he said if I ever needed anything, that it wasn't a throwaway line, that he really meant that, that he really was somebody, when I needed something around here, I could go to and ask or talk to about. And as Senator Robach just indicated, you know, if it wasn't going to happen, he'd look at you and he'd be like, "That's not going to happen."

(Laughter.)

SENATOR PARKER:You know.

But more often than not, he -- most of the time, if it was something that he could do, he would try to do it. And sometimes he would come back to you and say, "Don't worry, I've taken care of it." And sometimes if he couldn't take care of it, he'd be like, "No, we'll try on the next one," you know. But it was good to have that kind of open dialogue with somebody and somebody that you could count on and trust in the chamber.

The other thing, again, that struck me so much was that he had the most fantastic sense of humor. And there are a lot of wise guys in this chamber, but there was certainly no one who was just as gregarious and as just truly funny in a real human way as Tom Libous. And someone who just always, you know, had something -- something positive to say.

And even in the days when you could see he was struggling with the cancer, he was just -- he was more positive than you were about it. You know. Sometimes, you know, you would go and you'd see him, you'd give him a big hug when he might have been gone for a couple of days and, you know, he'd look at you like, What's wrong with you? Like, I'm fine, what's wrong with you? Are you okay? You know.

But that was the kind of guy he was. And we're going to miss him here. I know the people of Binghamton, certainly his family are going to miss him. But even whether they knew him or not, the people of the state are going to miss Tom Libous and the leadership he helped us with.

And thank you on behalf of a grateful state and the people of the 21st District for lending him to us and giving us his leadership. God bless.

ACTING PRESIDENT GRIFFO:Thank you, Senator Parker.

Senator Boyle.

SENATOR BOYLE:Thank you, Mr. President.

First, my condolences to Fran and the Libous family. I didn't get a chance to serve with Tom for too long, but I knew him mostly through politics. I can tell you that even on Long Island, he was legendary.

Tom was quite frankly a genius, politically and governmentally. When I dealt with political leaders on Long Island, we often said "What would Tom Libous do in this situation?" or call Tom and get his advice. It was truly amazing.

You see the accolades that Tom is getting here today. And many of the people that spoke, Tom raised and spent a lot of money trying to defeat. That says a lot. Everybody on that side, and even Bonacic I didn't know about. So that says something.

(Laughter.)

SENATOR BOYLE:I wish that Tom had gone further. He should have been majority leader, he should have been governor. Our state would have been better for it. But perhaps not this chamber.

And I can tell you, as an attorney, we look at people and call them a lawyer's lawyer, someone who is like, wow, that man or that woman has it all. Well, Tom was a Senator's Senator, and we'll always remember him.

ACTING PRESIDENT GRIFFO:Thank you, Senator Boyle.

Senator Peralta.

SENATOR PERALTA:Thank you, Mr. President.

First and foremost, my condolences to the family and to Fran.

I really didn't know Senator Libous for that long. I served with him for almost six years. And I want to first thank Fran, his wife, for really lending him to us. Because as we all know, this is a very, very busy position to have. We always -- not only are we up here in Albany from time to time during the week, but then when we go back home we have events to attend, we have political functions to attend, and this sometimes can become very stressful. So I want to thank the family, Fran and his family, for lending Tom to us.

This also goes to show how we should always be interacting with each other, whether it's on that side or on this side. And sometimes -- I know, sometimes it gets a little bit heated, sometimes because of our ideology, because of what we feel, what we believe, who we represent.

But the bottom line is that when it's all said and done, we are all a family. We all should respect each other. And hopefully we can remember that come June of this year when we get a little bit testy when it's late at night and we're kind of short on patience.

I wanted to bring that up because late nights, Tom was a trooper. I mean, he outlasted many of us. If you would walk into the members' lounge, you would see, on both sides of the aisle, people would just be laying down on the couch, right at 3 o'clock in the morning. Right? People were just sleeping on one side, Republicans, Democrats. Right? Just waiting, right, that hurry-up-and-wait where everything would kind of speed up and then it would slow down.

It would be 2, 3 o'clock in the morning, 4 o'clock in the morning and we would walk into the members' lounge, and some of us are knocked out. Tom would walk by, kind of like see everybody and sort of say "Uh-huh," and keep on walking. And I always noticed that about him. And I remember, even myself, I mean, I was -- I'm a bit younger than Tom was, and I would sit there and it would be 3:00 in the morning. I'd say, How can this man outlast me? How is he doing this? And he would walk back and forth, and he would just look at people and talk to people, I guess just have a conversation with folks, and he was up and about as if it was only 10 o'clock in the morning. That was very inspiring, to say the least.

He was someone who not only had a sense of humor, but he would also have a good joke, he would love good jokes to be told about him.

I remember, I don't know if -- well, maybe not your side, but on this side every end of the session I do this little thing where I always say, Who would play us if this was the Senate movie? And I know I've mentioned it to some of you on that side of the aisle. But from time to time I would pick these actors of who would play us, right, late at night, because we're just waiting. And we would just come up with these actors, I would come up with these actors.

And one year, I said: I know who can play Tom Libous. And I told some of my colleagues, and I said I think Danny DeVito can play Tom Libous.

(Laughter.)

SENATOR PERALTA:And I didn't tell him, someone must have told him, because he came up to me and he said, "Peralta, can I talk to you for a second?" And I said "Yeah." And he said, "I'm hearing you're saying that Danny DeVito can play me." And I said (pausing) "I think he can capture your essence."

(Laughter.)

SENATOR PERALTA:And he said, "Let me just tell you, I'm better looking than Danny DeVito" --

(Laughter.)

SENATOR PERALTA:-- "so let's end that right now."

And that was Tom. He was so laid back about it. And, you know, he walked out and maybe a few minutes later he came back in -- we were in the members' lounge -- and I said, "You know what, Tom? You're one of the cool Republicans."

And he came by, and he looked at me. He said, "I'm one of the cool Republicans." Walks out again, comes back, and he says, "Let me tell you a secret, Peralta. There's a lot of cool Republicans."

(Laughter.)

SENATOR PERALTA:And I said, "You know what? That's why I like you, Tom."

So Tom was a true gentleman. Like I said, I didn't really get to know Tom the way I should have. But the little that I did get to know Tom, I'm really honored to have gotten to spend time with him.

So he will be missed. And again, thank you for allowing him to serve with us.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Peralta.

Senator Martins.

SENATOR MARTINS:Thank you, Mr. President.

First and foremost, my deepest condolences to the Libous family; in particular, to Fran.

I met Tom about six years ago, shortly after getting elected. And whereas Joe Robach got a bag, I got a set of Libous cufflinks, which I still have.

I wasn't going to get up, but what a beautiful day in the New York State Senate. What a wonderful moment for us to have an opportunity to recognize a great man, a great colleague, and someone who really made a difference.

You know, we didn't mention that Tom Libous died extraordinarily young. He was a young man who had put in more than 30 years of public service. And look at the legacy that he left here.

And yes, he was a Senator's Senator. I remember those words being used by Senator LaValle in reference to another colleague of ours who passed way too young many years ago, Senator John Caemmerer. Tom Libous made a difference.

He was a fierce competitor, always looking at the numbers, always thinking about each Senate seat. And he had this granular knowledge of each one of our districts. So when we discussed issues, his points were always where we should be, not because of the larger issues, but where those issues were important in our districts. An extraordinary ability.

But most importantly, I think he was a great example to all of us on how we should conduct ourselves as Senators in this chamber. Because this was Tom Libous's chamber. His ability to work across the aisle and to get things done. And yes, to the leader's point, somehow the Southern Tier always came out slightly ahead on whatever it was that we were doing. But rightfully so.

Tom Libous was a giant. He blazed a path here in the New York State Senate. And he had big shoes to fill, and he did. And his legacy continues in our dear colleague here, Fred Akshar. Big shoes to fill. But I see a lot of Tom Libous in Fred Akshar as well. And so we're lucky to have that peace and that continuity.

But as a chamber, we have a lot to celebrate today. We celebrate the memory of a dear friend and a colleague and someone who worked hard on both sides of the aisle, and we got a moment in what is perhaps a very difficult time for anyone in government, not only national politics but state politics, to remember that which is great about being in government and being in public service.

So it was an honor and a privilege to serve with Tom Libous. To his family, thank you for sharing him with us. God knows the sacrifices that you made over those three-plus decades, the nights that he was here when he should have been home. But thank you. Because as you heard, Tom Libous made a difference and the entire State of New York recognizes that.

Thank you. Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Martins.

Senator Akshar.

SENATOR AKSHAR:Thank you, Mr. President.

I rise this afternoon with a great of humility, keenly aware that I have succeeded a man who has dedicated his life to others with an immeasurable amount of honor and integrity.

So where does one begin when having an opportunity to speak about a political giant, a dedicated public servant, and a man who loved his family more than anything else.

I really only got to know Senator Libous over the last five or six years. And during that time, it was clear to me that serving the constituency was at the forefront of the Senator's mind. I couldn't agree more with Senator Flanagan when he said of Senator Libous, If you were his constituent, your cause was his crusade. No truer words have been spoken.

I reflected a little bit about my time that I did get to spend with Senator Libous. I was a political newcomer, a rookie, if you will, looking for an opportunity to get his ear, get a photo with him -- which he was always happy to do, not only with me but for everybody that he served.

A couple of years later he asked me to MC an event for him. It was about the crash-zone safety bill that he was pushing. I did. I was a captain in law enforcement. A follow-up lunch where Libous sat me down and asked me about my future plans. I went on and on, I was so happy he was listening to me. I wanted to run for sheriff. It was just going to be the greatest thing.

And he said to me: "Things change in politics. Don't put all your eggs in one basket." Who would have ever thought in a year and a half I'd be standing here having this conversation.

Thursday night dinner at the Park Diner, which we all know that he loved. And then came the phone call when I decided to run. It was Libous. The first thing he said: "This is not an endorsement call." Talk about nervous.

(Laughter.)

SENATOR AKSHAR:I think he put me through the wringer just like Warren put him through the paces.

And I remember very vividly my last conversation I had with the Senator. The Monday before he passed, Mary and I stopped to see him before we came here. He gave me some advice on life, and then he talked about public service. And I think this goes -- this really goes to the type of person that Tom Libous was. In the waning hours of his life, he was talking about serving the public.

He said to me: "Build that Binghamton University pharmacy school. Make sure the Greenway gets built. And dammit, take care of my Binghamton Mets."

It's been said many times since I've been elected and since we lost Senator Libous that I have big shoes to fill. I couldn't agree more. Some might suggest that following in the footsteps of someone like Senator Libous would be a daunting task. It may be to some. However, when you have been able to witness firsthand the right way to do this job and have been able to study under the tutelage of someone like Senator Libous, it makes the task so much easier.

So to Fran, the people of the Southern Tier, and to my colleagues in this great house, I want each of you to know that I stand ready to proudly walk in his footsteps, work hard every day to fill his shoes, and continue the long Southern Tier tradition of public service before self.

Mr. President, if you will indulge me, I'd like to leave you with a quote by Teddy Roosevelt that Senator Libous kept in his office for many years. "It is not the critic who counts, not the man who points out how the strong man stumbles or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust, sweat and blood, who strives valiantly, who errs, who comes short again and again because there is no effort without error and shortcoming, but who does actually strive to do the deeds, who knows great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least fails with daring greatly, so that this place shall never be with those cold and timid souls who neither know victory nor defeat."

I would respectfully offer that Tom Libous lived by those words. And I pray, as Senator Libous is looking down, smiling on all of us, I pray that God will continue to bless the Libous family.

Thank you.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you, Senator Akshar.

Senator DeFrancisco will close.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Thank you.

I have the honor of closing because I have the honor of sitting at his desk. And it is truly an honor. I've known Tom for a long time. And I've got many, many stories, but I'm not going to tell any of them. I just want to talk about a couple of things.

Quite frankly, I believed that Tom was indestructible. I truly, truly believed. And it was a shock, his passing -- despite what he was going through, it was a shock that he died. I have never, ever -- and I've been around a while -- seen anybody who went through what he went through in the end of his life and always have a smile on his face. I thought he was indestructible.

People have mentioned this before. He never, ever, ever complained. In this society that we've created of victims, where everybody has a problem and you've got to deal with it, he was not a victim. He was the person that took care of the victims and wouldn't even take -- he would not take any kind of statement that was negative or concern about him. "Don't worry about me" was said many times. Absolutely true.

He was totally indestructible. And he still is, as far as I'm concerned, because he's always going to be here.

The funeral was absolutely beautiful, it was absolutely beautiful. And I've been to funerals before of people who have passed from the Legislature. But you know, maybe it's because of my age, because I'm getting up there, I started thinking of something -- because all of us complain about something as we're doing our job. All of us do, and I certainly do.

But what it brought to my attention, because of Tom's character and the way he was, is that, you know, we all forget what a blessing we have to be serving here in this body with so many people of diverse backgrounds and philosophies that we can call friends, that we can actually have a good time with as we're doing this work.

And that came out at that funeral and never came out before at any of the others that I've gone to. Because he was the epitome of friendship.

And hopefully as we go forward, we will think of Tom as a model in which we can continue to conduct business and be thankful rather than be concerned about some of the difficulties of doing this work.

So all I'm going to do to close is in Tom's program at the service, there was a poem. And Tom is probably up there now saying, Will you guys please shut up, let's get this thing over. But this poem is perfect. It's based on a poem "Remember Me" by David Harkins. And the section that they pulled out -- and the family obviously knew the right one to do -- "You can shed tears."

"You can shed tears that he is gone, or you can smile because he has lived.

"You can close your eyes and pray that he'll come back, or you can open your eyes and see all that he's left.

"Your heart can be empty because you can't see him, or you can be full of the love you shared.

"You can turn your back on tomorrow and live in yesterday, or you can be happy for tomorrow because of yesterday.

"You can remember only that he is gone, or you can cherish his memory and let it live on.

"You can cry and close your mind, be empty and turn your back, or you can do what he'd want: Smile, open your eyes, love and go on."

Rest in peace, friend.

ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.

Before I call the question, I again want to acknowledge the family's presence here: His brother, sister, sisters-in-law, brothers-in-law, Fran, Matt, Nick and Katie. You've heard so many poignant stories today, and you've seen us not only express the sorrow of this house but our appreciation for sharing Tom with not only the New York State Senate and the people of the Southern Tier, but the people of the State of New York.

Even during the challenges that he faced, he possessed courage, perseverance, and faith. There's an old Lebanese saying that says "Talking isn't doing." Well, he did some talking, but he did a lot of doing. He was just born with the ability to change lives, and that he didn't waste. That ability was put to good use.

So today as we stand prepared to vote on this resolution, we'll remember that he was a loving family man but also a good friend to each and every member of this house. Because the best way to friendship truly is to be a friend, and that he was consummately. And among all his pursuits, as we heard today, his true interest was in service. He cherished that. And the poet Emerson once wrote: "The best way to find yourself is to lose yourself in service." Tom exemplified that, and he was the personification of that.

So like his beloved New York State Mets, simply put, Tom was amazing.

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

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

I ask all present, at the leader's request, to rise and honor and celebrate the life of Tom Libous.

(Extended standing ovation.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco, the resolution has been adopted.

SENATOR DeFRANCISCO: Thank you.

Can we now take up Resolution 5540, by Senator Croci, and read the title only and then call on him.

ACTING PRESIDENT GRIFFO:By the way, Senator DeFrancisco, at the request of the leader, that resolution has listed all the members on it.

SENATOR DeFRANCISCO: Great.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 5540, by Senator Croci, congratulating the Connetquot High School Girls Volleyball Team upon the occasion of capturing the 2015 New York State Public High School Athletic Association's Class AA Championship.

ACTING PRESIDENT GRIFFO:Senator Croci.

SENATOR CROCI:Thank you, Mr. President. I'd like to speak on the resolution.

It's fitting that after honoring a great public servant with a lifetime of accomplishments that we are now recognizing an accomplishment that I think these girls will remember for their lifetime.

And so I'd like to tell you about a a school at the end of 7th Street in Bohemia, Connetquot High School. And in 31 years, Connetquot High School has not had a girls' championship. But today we're recognizing the Connetquot High School Girls Volleyball Team in winning the state championship.

They're not only great athletes led by great coaches from an extraordinary community, but they're involved in helping other people while they're achieving athletic greatness. They have raised $3,400 this year to help with breast cancer research and charities on Long Island, and in the past six years have raised over $20,000 to help breast cancer research.

In addition to that, in addition to their community service and their athleticism, they have heart. And that's how they got to the state championship.

So to Diana, Lauren, Sarah, Ashley, Nicole, Sophia, Gianna, Cory, Mackenzie, Taylor, Skyla, Cassandra, Mackenzie, Taylor, Daniella and Katie, and to Assistant Coaches Karen Edwards and Ashley Marchese and Head Coach Justin Hertz, congratulations. You make us very proud to be New Yorkers. I am very proud to be your Senator. And as an alumni and graduate of Connetquot High School, you make me very proud to be a T-bird.

If you would please stand. Mr. President, I would ask that the Senate recognize the 2015 Connetquot High School Girls Volleyball state champs.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Boyle.

SENATOR BOYLE:Thank you, Mr. President.

I too, as the Senator representing Connetquot High School, would like to congratulate the Girls Volleyball Team for their state championship. It has been a long time in coming, and you made history for the entire State of New York and for Connetquot High School.

And you got to witness also a commemoration of a great New Yorker, Senator Tom Libous. When you go home, Google him, you'll see the great works he did. And he would be very proud of you as well.

Thank you so much, and we look forward to seeing you back home on Long Island.

ACTING PRESIDENT GRIFFO:Thank you, Senator Boyle.

Again, we offer congratulations to the Connetquot Girls Volleyball state champions. We appreciate you being here today. We extend best wishes to you, and we extend the privileges of the house. Congratulations.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Could we take up both Resolution --

ACTING PRESIDENT GRIFFO:Excuse me, Senator DeFrancisco.

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

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Thank you, Senator DeFrancisco.

SENATOR DeFRANCISCO: And I think it's open for cosponsorship, if I'm not mistaken.

ACTING PRESIDENT GRIFFO:It is. It is.

Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Now would you please take up Resolutions 4799 and 4800, read both in their entirety, take a vote on the first one, and then we will all speak, whoever wants to speak, after the second one is read, in view of the hour.

ACTING PRESIDENT GRIFFO:We will read both resolutions and then we will take two separate votes and then call upon members to speak.

The Secretary will read.

THE SECRETARY:Legislative Resolution Number 4799, by Senator Díaz, celebrating Taiwan Heritage Day to strengthen the friendship and bilateral relationship between the State of New York and Taiwan.

"WHEREAS, The United States and the Republic of China (Taiwan) share common ideals and a clear vision for the 21st century, where freedom and democracy are the foundation for peace, prosperity, and progress; and

"WHEREAS, Taiwan has become a multiparty democracy in which all citizens have the right to participate freely in the political process, as evidenced by Taiwan's six democratic presidential elections, which took place in 1996, 2000, 2004, 2008, 2012 and 2016; and

"WHEREAS, This Legislative Body is proud to congratulate President-elect Dr. Tsai Ing-wen and Vice President-elect Dr. Chen Chien-jen on their victory in Taiwan's presidential election on January 16, 2016, making Dr. Tsai the first female president of the Republic of China in history; and

"WHEREAS, This Legislative Body is also proud to congratulate the Honorable Lily L.W. Hsu, the new ambassador and director general of the Taipei Economic and Cultural Office (TECO) in New York for assuming office on January 20, 2016, as a seasoned career diplomat of the Republic of China and the first female ambassador of TECO in New York; and

"WHEREAS, Through cross-strait dialogue, the establishment of the Economic Cooperation Framework Agreement (ECFA) with mainland China, and the policy of viable diplomacy, President Ma Ying-jeou of the Republic of China has transformed the Taiwan Strait from a major international flashpoint into an essential component of East Asian peace and prosperity; and

"WHEREAS, In 1979, the United States passed the Taiwan Relations Act to define the relations of the United States and Taiwan, which strongly strengthened their friendship; and

"WHEREAS, The United States and Taiwan share a long-term and close economic relationship, including $66.6 billion in bilateral trade in 2015, making Taiwan the ninth largest trading partner of the United States; and

"WHEREAS, The United States assisted Taiwan in attaining participation in the assembly of the World Health Organization (WHO) since 2009, and of the International Civil Aviation Organization (ICAO) in 2013, and will continue supporting Taiwan's meaningful participation in other international organizations such as the United Nations Framework Convention on Climate Change (UNFCCC) and INTERPOL; and

"WHEREAS, In order to strengthen bilateral trade relations with the United States, the government of the Republic of China has expressed its wish to participate in the Trans-Pacific Partnership agreement (TPP), and to sign a Bilateral Investment Agreement (BIA) and a Free Trade Agreement (FTA) with the United States in the near future; and

"WHEREAS, The State of New York exported $844 million and imported $1.76 billion worth of products to/from Taiwan in 2014, making Taiwan the 15th largest foreign market for the State of New York; and

"WHEREAS, Many of the United States' top 500 companies headquartered in New York, including IBM, Pfizer, Corning, Citigroup, AIG, MetLife, JPMorgan Chase, Merrill Lynch, and New York Life, have invested in Taiwan, supporting the mutually beneficial relationship for decades; and

"WHEREAS, There are more than 300 Taiwanese companies that have invested in the State of New York in sectors such as computers, finance, jewelry, sporting goods, and garments; and

"WHEREAS, The State of New York is home to a thriving overseas ethnic Chinese community that supports the Republic of China, including the Chinese Consolidated Benevolent Association (CCBA), the Chinese Chamber of Commerce of New York, Inc., Buddha's Light International Association in New York, the Taiwan Center (Senior Center), Taiwanese American Association of New York, the Union of Taiwan Universities and Colleges Alumni Association, and the National Women's League of the Republic of China, that devote themselves to the harmony and development of the community of the State of New York; and

"WHEREAS, The New York State Legislature held the third Taiwan Heritage Day celebration at the Legislative Office Building in Albany in April of 2015 to promote bilateral relations between New York and Taiwan, and will hold the fourth Taiwan Heritage Day Celebration in 2016; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to celebrate Taiwan Heritage Day to strengthen the friendship and bilateral relations between the State of New York and Taiwan; and be it further

"RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to President Ma Ying-jeou of the Republic of China, through the Taipei Economic and Cultural Office in New York; President-elect Dr. Tsai Ing-wen; Vice President-elect Dr. Chen Chien-jen; and the Honorable Lily L.W. Hsu, the new ambassador and director general of the Taipei Economic and Cultural Office in New York."

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

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

The Secretary will now read Resolution 4800.

THE SECRETARY:Legislative Resolution 4800, by Senator Díaz, commemorating the 150th anniversary of the employment of large numbers of Chinese laborers on the construction of the Central Pacific portion of the Transcontinental Railroad on April 12, 2016.

"WHEREAS, It is the sense of this Legislative Body to recognize and commend events which symbolize the historical, social and cultural development of this great state and embody the spirit of the principles upon which this nation was founded; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commemorate the 150th anniversary of the employment of large numbers of Chinese laborers on the construction of the Central Pacific portion of the Transcontinental Railroad, to be feted at the Chinese Railroad Workers' Celebration Gala organized by the Asian Pacific Islander American Public Affairs Association (APAPA) on Tuesday, April 12, 2016; and

"WHEREAS, This auspicious occasion will applaud and pay tribute to the accomplishments and contributions of the Chinese workers; despite facing severe prejudice, discrimination, social isolation, and a language barrier, as well as the inherent physical challenges of labor, the proud Chinese workers persevered; and

"WHEREAS, In 1865, construction began for the Transcontinental Railroad, which was predominantly built by Chinese laborers; the Union Pacific Railroad faced a steep labor shortage and recruited heavily from the pool of able-bodied Chinese workers; by the second year of the railroad's construction, approximately nine out of 10 workers were Chinese; and

"WHEREAS, Unfortunately, many Chinese workers were often exploited, given the most difficult and dangerous tasks, and subsequently, thousands of Chinese workers lost their lives in the construction of the railroad; and

"WHEREAS, 12,000 hard-working Chinese men were tasked with the backbreaking challenge of clearing a path through the Sierra Nevada mountain ranges; and

"WHEREAS, The sacrifices and laborious efforts made by the steady Chinese workers facilitated rapid economic growth, and forever enriched American culture with their values of hard work and their vibrant culture; and

"WHEREAS, The Transcontinental Railway marks a pivotal moment in American history, revolutionizing trade and travel; goods could move across the country faster than ever before, and expectedly, the increase in trade facilitated economic growth; and

"WHEREAS, Even though the majority of the work was done by Chinese laborers, their contributions have gone largely unrecognized in American history; these steadfast men took on the most dangerous jobs in the face of tremendous prejudice, and epitomized mental fortitude and what it means to be courageous; and

"WHEREAS, It is the intent of this Legislative Body to commemorate those events of historical significance which add strength, vigor and inspiration to the cultural diversity and quality of life in the communities of the State of New York; and

"WHEREAS, It is the sense of this Legislative Body, in keeping with its time-honored traditions, to recognize and pay tribute to those individuals who foster ethnic pride and enhance the profile of cultural diversity which strengthens the fabric of the communities of New York State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 150th anniversary of the employment of large numbers of Chinese laborers on the construction of the Central Pacific portion of the Transcontinental Railroad; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Asian Pacific Islander American Public Affairs Association."

ACTING PRESIDENT GRIFFO:Senator Stavisky.

SENATOR STAVISKY:Thank you, Mr. President.

First, da jia hao. Huan ying lai dao Albany. Which means hello and welcome to Albany.

First let me thank Senator Díaz for introducing these two resolutions, and particularly his chief of staff, who is sitting in the back, Ann Noonan. They have done a terrific job in terms of the relationship with the Republic of China, and we appreciate their work.

And welcome, Ambassador Lily L.W. Hsu.

(Applause.)

SENATOR STAVISKY:She is the director general of the Taipei Economic and Cultural Office, known as TECO.

Interestingly, she is the first woman appointed as director general of TECO. And at the same time, Taiwan, the Republic of China, has elected its first woman as president of the country, Tsai Ing-wen. And I know our friends on the other side of the aisle will be delighted to know that the president has a master's degree from that institution in Central New York, Cornell.

We also welcome to the chamber the Venerable Abbess.

(Applause.)

SENATOR STAVISKY:We welcome Franklin F.Y. Chen, the deputy director general of TECO; Ronnie Lu, who is the political affairs officer at TECO.

We also welcome Michelle Wang, who is the president of the Asian Pacific Islander American Public Affairs Association.

(Applause.)

SENATOR STAVISKY:And with her on the floor is the vice chairman, Pao Ming Wang, and the honorary president, Kai Yue Li.

(Applause.)

SENATOR STAVISKY:And in the gallery we have our friends from Buddha's Light International, from the New York City chapter.

(Applause.)

SENATOR STAVISKY:I met with you a couple of weeks ago at Flushing High School when you had an event there.

We welcome our friends from the Taiwan Center Senior Center, the Chinese Chamber of Commerce of New York, and the Taiwan community here in Albany.

Very, very briefly, Mr. President, let me just say that the United States and the Republic of China has a very, very close relationship. It's a friendship based on democratic values, of concerns for both countries, whether it be economic trade, development, climate change.

We were helpful and I remember writing a letter in 2009 for the World Health Organization membership for the Republic of China.

And it's a friendship that's also based on trust and on cooperation. It's interesting that the businesses in China, for the most part, are small and medium-size, as they are in the United States. And yet we have large companies that are starting to grow, such as Foxconn and Quanta Computer, and they are making products for our Apple computers and our Hewlett Packards and Dell computers. And they have invested in New York, which is certainly an example of economic cooperation.

Lastly, let me just say that the literacy rate in Taiwan is 97 percent. And that is something that we should look to and congratulate the Republic of China.

And nowhere is this more apparent than in Queens County, where a number of us are proud to represent. Whether it be the cranes that you see on the street or the scaffolding covering the buildings or the cars honking their horns, this is where development is occurring, this is where we have tremendous economic growth -- sometimes a little chaotic, but nevertheless, we respect the Chinese businesspeople who have come and made their home and made their lives in Queens, and they have contributed immeasurably to not just the economy but to our social structure. They hold elective office. They are an amazing part of my Senate district. And I say it many times, I'm so proud to represent so many people from the Asian community.

As far as the Transcontinental Railroad is concerned -- because we're talking about the resolutions together -- there are many parallels with what happened to the Chinese community in the 1860s and the American community with slavery. People came, 12,000 Chinese people came to the United States, many of them originally to work in silver and gold mining in California.

And then when they started construction of the Transcontinental Railroad in 1863, they started in Sacramento with the Central Pacific, and the Union Pacific started in Omaha, and they were going to meet in Utah. But it was the Central Pacific Railroad that hired so many -- or conscripted, almost, so many people from China -- 12,000 people.

And they faced tremendous, tremendous difficulties. Whether it be blasting through the granite of the Sierra Nevada Mountains, the avalanches, the snowdrifts, the accidents that occurred, it was a very difficult situation. Many people were killed and many more were injured.

But the tunneling through the mountains and everything else came together on May 10, 1869, when the two railroads met and we had a transcontinental railroad.

I was proud to visit the exhibit of the Transcontinental Railroad in Queens at TECO's Flushing office. It was put together by the Asian Pacific Islanders group, APAPA, I believe it is called. And there's an exhibit in the Albany Room for us to look at after session. And I suggest that this would be a very interesting exhibit.

And I welcome again our friends from the Republic of China.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Stavisky.

Senator Hamilton.

SENATOR HAMILTON:Yes, Mr. President, I rise to salute the members from Taiwan and also the Venerable Ru Yang, to you.

And I just want to say that I have a large Asian population in my district, and my sister-in-law was born in Taiwan. And my sister-in-law says she is the true Taiwanese, she's the original Taiwanese. And she works hard. She has a strong work ethic, as do all Taiwanese people, who are the new economic engine for development in our country.

As you all might not know, that Taiwan is called one of the four Asian tigers for development. Taiwan has the 21st largest economy in the world.

So I just want to thank Ronnie Lu for coming, my good friend. But also even special thanks and acknowledgment of the ambassador, Lily L.W. Hsu.

So thank you for coming to Albany. It was a long day; thank you for your patience. Thank you all.

Xie xie. Xie xie.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator Espaillat.

SENATOR ESPAILLAT:Thank you, Mr. President.

I rise also to welcome the delegation. It's Ambassador Lily Hsu, first woman ambassador of the Taipei Economic and Cultural Office in New York, and to also congratulate you for the fine photo exhibit that we have, the APAPA photo exhibit. That was very nice for you to bring that up here to share those photos with us, and we want to continue to have a good relationship with the Taiwanese community across the State of New York.

Welcome to Albany.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Espaillat.

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

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

So Resolution 4799 and Resolution 4800 are both adopted, and both are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, returning to motions and resolutions, Mr. President, on page 22 I offer the following amendments to Senator Lanza's bill, Calendar Number 536, Senate Print 6931B, and ask that said bill retain its place on Third Reading Calendar.

ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.

Senator Serrano.

SENATOR SERRANO:Thank you, Mr. President.

I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that's Senate Bill Number 7849, by Senator Peralta.

ACTING PRESIDENT GRIFFO:It is so ordered.

SENATOR SERRANO:Thank you.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes. Can we now take up Senate Resolution 3240, by Senator Persaud, and please read it in its entirety.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 3240, by Senator Persaud, commemorating the 50th Anniversary of the Independence of Guyana.

"WHEREAS, It is the sense of this Legislative Body to recognize and pay just tribute to the cultural heritage of the ethnic groups which comprise and contribute to the richness and diversity of the community of the State of New York; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commemorate the 50th Anniversary of the Independence of Guyana; and

"WHEREAS, The people of this great state, nation and Guyana enjoy a deep and abiding relationship rooted in kinship and culture; and

"WHEREAS, Independence Day is a significant public holiday in Guyana; it is celebrated on May 26th every year, and it is the day when the country attained its independence in 1966, when British dominion over Guyana ended; and

"WHEREAS, Guyana, officially the Cooperative Republic of Guyana, is a sovereign state on the Caribbean coast of South America; although Guyana is part of the Anglophone Caribbean, it is one of the few Caribbean countries that are part of South America; and

"WHEREAS, The European voyagers discovered Guyana in 1498; as a result, the history of the country dates back to over 500 years; its history is interrupted by combats wrestled and triumphed, through properties lost and recovered since the French, Spanish, Dutch and British settlers battled for hundreds of years to occupy this territory; and

"WHEREAS, The British Empire ultimately was able to take control of Guyana in 1814; the country attained its well-deserved independence from the British rulers on May 26, 1966; and

"WHEREAS, In gaining her independence, Guyana today is a nation of 800,000 people that is the only English-speaking nation in South America; its citizens trace their roots across the Caribbean and India; and

"WHEREAS, Historically, the region known as Guiana or Guyana comprised the large shield landmass north of the Amazon River and east of the Orinoco River known as the Land of Many Waters; and

"WHEREAS, More than 80 percent of Guyana is still covered by forests, ranging from dry evergreen and seasonal forests to montane and lowland evergreen rainforests; these forests are home to more than a thousand species of trees; and

"WHEREAS, Guyana's tropical climate, unique geology, and relatively pristine ecosystems support extensive areas of species-rich rainforests and natural habitats with high levels of endemism; approximately 8,000 species of plants occur in Guyana, half of which are found nowhere else; and

"WHEREAS, Guyana has one of the highest levels of biodiversity in the world, and with 1,168 vertebrate species and 814 bird species, boasts one of the richest mammalian fauna assemblages of any comparably sized area in the world; and

"WHEREAS, The Guyana Shield region is little known and extremely rich biologically; unlike other areas of South America, over 70 percent of the natural habitat remains pristine; and

"WHEREAS, Some notable landmarks to be found in Guyana include: Kaieteur Falls, the world's largest single-drop waterfall by volume, and St. George's Anglican Cathedral, one of the tallest wooden church structures in the world and the second tallest wooden house of worship after the Todaiji Temple in Japan; and

"WHEREAS, Currently, approximately 140,000 Guyanese immigrants live in New York City, making them the fifth-largest foreign-born population in the city; and

"WHEREAS, Many Afro-Guyanese immigrants have settled among other Afro-Caribbean immigrants in places like Canarsie and Flatbush in Brooklyn; Guyanese of South Asian descent are concentrated in large numbers in Richmond Hill and neighboring Ozone Park; and

"WHEREAS, The 50th Anniversary of Guyana's Independence provides an opportunity to recognize the significance of their contributions to the quality and character of life, and, through events and activities, for all people to gain a greater appreciation of Guyanese history and traditions, and of the role Guyanese have played, and will continue to play, in our society; and

"WHEREAS, This Legislative Body is pleased to have this opportunity to recognize such events of significance which foster ethnic pride and exemplify the cultural diversity that represents and strengthens the fabric of the people and the State of New York; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 50th Anniversary of the Independence of Guyana."

ACTING PRESIDENT GRIFFO:Senator Persaud.

SENATOR PERSAUD:Thank you, Mr. President.

(Applause from gallery.)

SENATOR PERSAUD:Today I am a proud person standing here. Guyana is considered -- I'll read you something that describes this country. It says: "At the point where the Caribbean meets South America, on the North Atlantic seaboard lies an almost unknown but incredibly wonderful land of unspoilt beauty, where virgin rainforest leads to the Amazon Basin, where the jungle is still unexplored, rivers uncharted, and mountains yet to be climbed."

That country is Guyana, the only English-speaking South American country.

Guyana will be celebrating its 50th anniversary of independence from the British. Guyana is a sovereign state. It's located, as we said, on the northeastern coast of South America. Too often when we say we are from Guyana, people think we're saying Ghana. And we say Ghana is West Africa; Guyana is South America.

People from Guyana are called Guyanese. Years ago there was an article written in the New York Times and they wrote and they mentioned that the people from Guyana were called Guyananians. So I wrote to the New York Times to correct them. People from Guyana are called Guyanese. We're proud of letting people know this.

Today we have with us members of the Guyanese community. They're led by Ms. Pat Jordon-Langford. They're on both sides. And they are here representing many of the Guyanese. Many of them are heading to Guyana to celebrate this 50th anniversary.

Whether they're coming from Queens or whether they're coming from Brooklyn or Schenectady, Guyanese will be sailing to Guyana to celebrate.

Guyanese are hardworking people. Across New York and throughout the United States, we are in various positions. Right here in Albany -- when I came to Albany as an Assemblymember, I was the first Guyanese elected to statewide office in New York State.

In our chamber here, our counsel on the Democratic side, Shontell Smith, is of Guyanese heritage. On the Assembly side, the director of budgeting is a Guyanese. We have a city council member in Schenectady. We have the comptroller of Mount Vernon, Guyanese. So we are people -- we are a proud people. We are a progressive people. And so we celebrate our heritage.

And so I thank my colleagues for acknowledging us as Guyanese. And as we celebrate our 50th anniversary, we are still a young country, but there's lots ahead of us. And so, Mr. President, I thank you for allowing us this opportunity to let everyone know who we are as Guyanese and to welcome my fellow Guyanese who are here today.

Thank you, everyone.

ACTING PRESIDENT GRIFFO:Thank you, Senator Persaud.

(Applause from gallery.)

ACTING PRESIDENT GRIFFO:Senator Sanders.

SENATOR SANDERS:Mr. President, I want to thank our Guyanese Senator for allowing us the opportunity to salute such an industrious population.

I represent arguably the largest Guyanese population outside of Guyana. I represent Richmond Hill. And it's an amazing place.

Let me tell you one thing about this incredible group of people. They took a major street called Liberty Avenue -- and how fitting it's called Liberty. It was ramshackle, it had really fallen down, it was through. It was typical New York City at that period where it was down in the dumps. They took this street and they made an incredible entrepreneurial miracle out of this street. It's one that you should come and see. Whatever you want to purchase, you can purchase it there. And the people who basically did it stem from that incredible island -- I'm sorry -- already, already I'm making the error that so many people make -- the incredible country of Guyana.

So having said that, before I mess up anymore, Mr. President, I will take my seat. Thank you very much.

ACTING PRESIDENT GRIFFO:Thank you, Senator Sanders.

SENATOR SANDERS:And congratulations for the 50th anniversary.

(Applause from gallery.)

ACTING PRESIDENT GRIFFO:Senator Farley.

SENATOR FARLEY:I just want to pay tribute to the Guyanese people.

You know, I do represent Schenectady, which has a very large Guyanese community, and they are truly the hardest-working people that I've ever seen. They are in all facets. As they came to Schenectady, they came with very little. They have been a huge success and an asset to our community and, as I said, one of the hardest-working community people that I've ever seen.

They're a fantastic community. We welcome them to the United States, and we're lucky to have them.

Thank you very much, Mr. President.

(Applause from gallery.)

ACTING PRESIDENT GRIFFO:Senator Hamilton, did you want to speak?

SENATOR HAMILTON:I just want to thank Senator Persaud for acknowledging the fiftieth year of independence for Guyana and the Guyanese people.

I was fortunate this year to visit the country of Guyana. It's a rich country of diverse people. It's a tropical forest. And the people there are hardworking. I have many Guyanese business owners in my community. Some sell gold. But they're very industrious as far as having a close-knit community that's business-orientated.

So I want to thank you for coming here today. I know it was a long time you had to wait for this to happen, but I believe we always save the best for last.

So God bless Guyana, and God continue to bless the Guyanese people.

Thank you.

(Applause from gallery.)

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

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

We welcome our delegation, the Guyanese delegation and community here today, and congratulations on the celebration.

(Applause.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco.

SENATOR DeFRANCISCO: Would you open that up for cosponsorship, please.

ACTING PRESIDENT GRIFFO:The reso is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: We next have a privileged resolution by Senator Flanagan. If we could please call it up and read the title only and call on Senator Flanagan.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative resolution by Senator Flanagan, congratulating Mr. and Mrs. Joseph Griffo upon the occasion of celebrating their 70th Wedding Anniversary.

ACTING PRESIDENT GRIFFO:Senator Flanagan.

SENATOR FLANAGAN:Mr. President. To my colleagues, today is an auspicious day in so many different ways. We celebrate independence, we celebrate various aspects of life.

So I rise today on behalf of the Senate and on behalf of our friend and colleague Senator Joe Griffo, to recognize, my goodness, a milestone in any country, in any state, in any venue. His parents have been happily married for 70 -- and I repeat, 70 -- years.

Senator Griffo had a lovely family event, came back to our conference and showed pictures of his parents to everyone in the room. And if you told me that they were in their early 60s, I think everyone would have believed it.

So they've had a good, blessed married life. And Joe, congratulations to you and to your mom and dad. We just thought it was proper and appropriate to honor them.

(Applause.)

ACTING PRESIDENT GRIFFO:Thank you.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes, I just wanted to explain, on that resolution, the real reason they're still around, happily married, they're waiting until you make something out of yourself, Senator Griffo.

(Laughter.)

ACTING PRESIDENT GRIFFO:I thank Senator Flanagan for his kind comments and Senator DeFrancisco for your insight.

(Laughter.)

ACTING PRESIDENT GRIFFO:I'm truly blessed.

The question is on the resolution. All in favor say aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted. Thank you very much.

Senator DeFrancisco.

SENATOR DeFRANCISCO: And it's up for cosponsorship if you choose.

ACTING PRESIDENT GRIFFO:The reso is open for cosponsorship. Please notify the desk if you choose not to cosponsor.

SENATOR DeFRANCISCO: Could we now call up the final resolution, 5570, by Senator Hassell-Thompson. And you want it in entirety?

SENATOR HASSELL-THOMPSON:I did want it read in entirety, but because you asked so kindly, I will accept the title. But I'd like the opportunity to just speak on the resolution.

SENATOR DeFRANCISCO: Absolutely. Absolutely. Title only, thank you.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 5570, by Senator Hassell-Thompson, celebrating the life and distinguished career of retired New York State Supreme Court Judge Harold L. Wood.

ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.

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

I rise to speak on this resolution because he was a very important person not only to me but to the Mount Vernon community and certainly to Westchester County. He was one of the first African-Americans to ever be selected to be a Supreme Court judge from that district. He was an alderman at the time before we had county legislators in the County of Westchester, he was the first African-American. He achieved many firsts.

But more than that, he was a father, a grandfather, an extraordinary example to our community and to our young men. One of the few regrets that I have in life is that when the courthouse was built in Mount Vernon, that it was not named for him as a jurist, because it's one of the rare opportunities that we get to name buildings and streets. But it was also named for another African-American who became the first elected mayor of the City of Mount Vernon.

So, you know, for all the negative publicity that my city gets and all the extra cost of insurance that it costs when you come from the City of Mount Vernon, we have turned out, pound for pound, some of the most extraordinary people, and of which Judge Wood was one.

His son has followed in his footsteps and is an outstanding attorney but does not ever wish to become a judge because he loves the -- what do they say, the fight and the twists and turns of being a litigator.

But certainly I can't say enough for how much we regretted the loss of him and his wonderful wife, both of whom were Republicans. And to have black Republicans from the County of Westchester is not as unbelievable as you would suspect.

But certainly he represented his community and his people so extraordinarily well. And I thank this body for allowing me the opportunity to honor him and certainly archivally to be sure that his family is in receipt of this resolution.

Thank you, Mr. President.

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

The question is on the resolution. All in favor say aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

And the resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Could you now take up the noncontroversial reading of the calendar quickly.

(Laughter.)

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 79, by Senator Hannon, Senate Print 4348A, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect one year after it shall have become a law.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 83, by Senator Hannon, Senate Print 6091B, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 180th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 54. Nays, 4. Senators Krueger, Persaud, Rivera and Sanders recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 289, by Senator Lanza, Senate Print 3326, an act to amend the New York City Health and Hospitals Corporation Act.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Savino to explain her vote.

SENATOR SAVINO:Thank you, Mr. President.

I notice that this is a bill that we have passed several years now. In fact, before Senator Lanza sponsored it, it was sponsored by Senator Marchi. It represents a long-standing inequity to the people of the County of Richmond, the Borough of Staten Island, in which we do not have a brick-and-mortar facility run by the HHC.

You'll notice, though, this year the City of New York did not submit a memo in opposition to it, because they are in fact planning on spending upwards of $40 million helping us achieve an acute-care emergency room on Staten Island, either through our existing system or building a new facility.

So perhaps you might want to think twice about voting no against it, because they recognize finally that they owe us what we help pay for, which is a health and hospital system that's supposed to serve all of the constituents of the City of New York, not just the people on the other side of the Verrazano Bridge.

Thank you, Mr. President.

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

Announce the results.

THE SECRETARY:In relation to Calendar 289, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Hamilton, Hassell-Thompson, Kaminsky, Krueger, Latimer, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera and Stavisky. Also Senator Gianaris. Also Senator Sanders. Also Senator Serrano.

Ayes, 40. Nays, 18.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 354, by Senator Amedore, Senate Print 4163, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.

SENATOR HAMILTON:I wanted to have the sponsor yield to a question.

ACTING PRESIDENT GRIFFO:We're on a fast roll call.

SENATOR HAMILTON:I'll just explain my vote.

ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.

SENATOR HAMILTON:I want to explain my vote.

I just want to say that we do have a drug problem in New York now, but we've had a drug problem in my community for over half a century and no one seemed to care at that point in time.

Now that the epidemic has risen to other parts of New York State, I see more and more legislation that is criminalizing or keeping people in prison for a prolonged period of time. I just can't vote on something that establishes the crime of homicide for the sale of an opiate controlled substance. I know people do die from overdoses, but more people die from smoking cigarettes. And I don't see us trying to say that the tobacco company is liable for murder for killing more people than anyone else.

So I'm voting no on this. I think this has gone beyond the call of trying to stop the drug epidemic. I wish we would go more to having substance abuse programs for the young people who are doing drugs, to offer them the opportunity to get help.

By putting people in jail for homicide for selling drugs is not going to stop the sale of drugs. But we need to have more prevention for people from taking drugs.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the negative.

Senator Amedore to explain his vote.

SENATOR AMEDORE:Thank you, Mr. President. I rise to explain my vote.

You know, this is an important day today. We announced our Senate Heroin and Opiate Task Force, and we have blueprint recommendations as well as some great initiatives.

But we also have with us today, up in the gallery, a mom, a mom who we all know in the Senate chambers -- she's no stranger -- Patty Farrell, who was a Senate employee at one time, with being part of the sergeants-at-arms.

And she discovered one day, when her daughter Laree told her that she was addicted to heroin at the age of 16, trying to go through, find her help. And as she went through treatment and as she went through various services and having to try to get off of the heroin problem, she did everything she could to then realize one day, about five months later, she called upstairs to Laree and there was no response.

She went upstairs in her room and she found that Laree was not breathing. She was actually dead. She OD'd. She overdosed on heroin that was laced with other synthetic drugs, poisons.

This bill is not about just prevention. And yes, there are people who die of cigarettes and nicotine addiction. But this is about individuals who are in the business of making boatloads of money at the expense of lives, innocent lives that no one ever thought they would be addicted to an opiate drug because maybe they had a twisted, sprained ankle or a knee or a shoulder injury on the football or soccer or volleyball field.

But opiates are a huge problem in the State of New York. And we have individuals in our communities who are abusing just that. And when they can lace and cut opiate drugs and then sell them on the street and then an innocent person like Laree overdoses because of the lethal potency of heroin, I think it is time that we go after the high-level, mid-level drug dealers, pushers on the streets, no matter what district they live in in this State of New York. Because it is a matter of them going beyond what the opiate is supposed to be used for, and they're killing innocent lives. And there's a signature with their formula.

So we have a due process in the court of law. Let it play out. And I believe that not just for Patty Farrell, but for all the other moms, dads, and individuals who are struggling with this problem in the State of New York and they find their child who OD'd, that it's time we go after the drug traffickers who are putting the lethal potent heroin on the streets and we go after them hard and they pay the price.

So with that, Mr. President, I vote aye.

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

Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President. I rise to explain why I vote no on this bill.

I've listened to Senator Amedore. My heart goes out to mothers like the one with us today who lose their children, the fathers who lose their children.

I would point out that the way this bill is written, it's not a bill just about kingpin drug dealers or even drug dealers at all. Under this bill, if it became law, two 17-year-olds can be trading, sharing drugs that one of them stole from their parent's bathroom. And we don't want children stealing their parents' drugs, but we know that they are. We know that's a very common reality for the beginning of opioid addiction that may quickly lead into heroin addiction.

But in this bill, even if you don't sell the drug, even if you're both children and one gives it to the other and one dies, the one who doesn't die ends up, under this law, as being categorized as a Class A-1 felon designated as murder.

Now, it's a tragedy. Someone died. But I actually don't think it's the right answer. And it's inconsistent with many of the other bills that this house is putting before us today -- it's inconsistent with the findings of the task force -- that you would treat someone who was the user of a drug as the criminal and the recognition that sometimes two young people are doing something stupid and one of them may be guilty of giving something to the other or even selling it to the other, and the other one dies.

But I don't think there's an A-1 felony aggravated murder in those stories, and I cannot vote yes on this bill. I vote no.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar 354, those recorded in the negative are Senators Comrie, Dilan, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Persaud, Rivera, Sanders and Squadron.

Ayes, 45. Nays, 13.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 355, by Senator Murphy, Senate Print 4177, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 355, those recorded in the negative are Senators Comrie, Dilan, Hamilton, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Persaud, Rivera, Sanders, Serrano and Squadron. Also Senator Hoylman.

Ayes, 44. Nays, 14.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 449, by Senator Boyle, Senate Print 100, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 449, those recorded in the negative are Senators Comrie, Dilan, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Sanders, Serrano and Squadron. Also Senator Persaud.

Ayes, 46. Nays, 12.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 458, by Senator Boyle, Senate Print 615, an act to amend the Criminal Procedure Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar 458, those recorded in the negative are Senators Comrie, Dilan, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera and Squadron.

Ayes, 49. Nays, 9.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 512, by Senator Ranzenhofer, Senate Print 3600, an act to amend the Alcoholic Beverage Control Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 512, those recorded in the negative are Senators Comrie, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Persaud, Rivera, Sanders and Squadron.

Ayes, 45. Nays, 13.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 567, by Senator Ritchie, Senate Print 6610, an act to amend the Soil and Water Conservation Districts Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 579, by Senator Young, Senate Print 2277A, an act to amend the Tax Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 579, those recorded in the negative are Senators Comrie, Espaillat, Hoylman, Krueger, Perkins, Rivera, Sanders, Serrano and Squadron.

Ayes, 49. Nays, 9.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 636, by Senator Croci, Senate Print 3989A, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 638, by Senator Murphy, Senate Print 6874A, an act to amend the Criminal Procedure Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:Ayes, 57. Nays, 1. Senator Hamilton recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 639, by Senator Amedore, Senate Print 7301, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of January.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 653, by Senator Murphy, Senate Print 5238A, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 30th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 672, by Senator Amedore, Senate Print 6516A, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 707, by Senator Stavisky, Senate Print 3158A, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 746, by Senator Klein, Senate Print 1521A, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 749, by Senator Marcellino, Senate Print 6502, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 776, by Senator Carlucci, Senate Print 7276, an act to amend the Highway Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 791, by Senator Little, Senate Print 1342, an act to amend the Real Property Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 794, by Senator Bonacic, Senate Print 7248, an act to amend the Real Property Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of January.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 796, substituted earlier by Member of the Assembly Bronson, Assembly Print 9686, an act to amend Chapter 363 of the Laws of 2010.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 798, by Senator Farley, Senate Print 3807, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of April.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: Yes, I'm going to vote no. Not because I don't like people over 65 -- although it's hard to believe I am over that age, and I would be able to take advantage of this.

But we have a higher education system that we don't want to put any pressure whatsoever on higher costs for those who have to pay and haven't reached our glorious ages at this point. So I'm going to vote no.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the negative.

Senator Farley to explain his vote.

SENATOR FARLEY:I just want to let you know that a few years ago, every single member of this house was a sponsor of this bill, including Senator DeFrancisco.

(Laughter.)

SENATOR FARLEY:And I think it is a bill that is needed and wanted, and it's on a space-available basis for the people that built these universities, and particularly for the elderly, that can get courses at the university.

I think, as somebody that taught there for 35 years, I think it's a worthwhile piece of legislation.

SENATOR DeFRANCISCO: A conflict --

SENATOR FARLEY:And needless to say -- this guy is incorrigible.

(Laughter.)

SENATOR FARLEY:-- I thank every one of my colleagues for voting for the legislation.

Thank you very much, Mr. President.

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

Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you.

I am voting for the bill, but I do want to agree with Senator Farley: This guy is incorrigible.

Thank you, Mr. President.

(Laughter.)

ACTING PRESIDENT GRIFFO:Senator Krueger in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 57. Nays, 1. Senator DeFrancisco recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 800, by Senator LaValle, Senate Print 4672A, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 19. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 840, by Senator Savino, Senate Print 2641, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 180th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 842, substituted earlier by Member of the Assembly Abinanti, Assembly Print 5235B, an act to direct.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Carlucci to explain his vote.

SENATOR CARLUCCI:Thank you, Mr. President.

I want to thank my colleagues for supporting this important legislation. What this legislation will do is help to make our rail crossings in New York State as safe as possible.

Unfortunately, last year in 2015, 244 people in this country lost their lives at rail crossings. And while the number of fatalities and accidents has been on a steady decline in the United States over the past few decades, unfortunately in New York State we've been on a steady increase.

So what this legislation will do is require DOT, the Department of Transportation, to take an inventory of the 5,304 rail crossings in New York State. It seems like an awesome task. However, it's so important because right now, as legislators, as leaders in this state, we don't have a clear picture of which of these rail crossings are the most dangerous.

Some of them need to be completely eliminated. Others, there's just simple changes that could be made to save peoples' lives.

We need to make this a priority, and in doing so we can get the backing of the federal government that will provide us with resources.

And I just want to read just a brief quote from Sarah Feinberg, the Federal Railroad Administrator. And she said: "I have made improving railroad crossing safety a top priority, because I know that we can and must do better. But the Federal Railroad Administration cannot solve this problem on its own. Unless we work closely with state and local officials, we will have not have the impact we are striving for and we will not save as many lives. But working together, I know we can do more to prevent these incidents."

That's Sarah Feinberg, the Federal Railroad Administrator. She's asking us to come up with a plan, provide it to the Federal Railroad Administration so that we can have the resources to eliminate these deadly rail crossings.

So, Mr. President, I'll be voting in the affirmative. And I commend my colleagues for doing the same.

Thank you, Mr. President.

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

Announce the results.

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 843, by Senator Savino, Senate Print 3666, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 844, by Senator Griffo, Senate Print 5478, an act to amend Chapter 19 of the Laws of 2014.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 844, those recorded in the negative are Senators Croci, Gianaris, Hassell-Thompson, Hoylman and Squadron.

Ayes, 53. Nays, 5.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 846, by Senator Funke, Senate Print 5546A, an act to amend the Education Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.

SENATOR HAMILTON:I'm voting yes on this bill. I want to thank Senator Funke for introducing it.

I think we need to have more instruction in our junior high schools for mental health. And I'm going to introduce a bill that we even extend it to elementary schools, because a lot of children do exhibit mental illness in elementary school.

So I just want to thank the Senator for sponsoring this bill.

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

Announce the results.

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 847, by Senator Ortt, Senate Print 6248B, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

I'm voting no on this bill. You know, there are parts of it that I certainly can conceptually agree with. But the concept of broadening the possibility of involuntary movement into a hospital setting is one that we should be very, very wary of doing because in too many countries they have, over time, used hospitals as if they were prisons to lock people up against their will without due process rights.

And even the fact that this bill would include peace officers having the authority to pick people up, determine they believe they have a substance problem, and move them into a hospital for a potentially involuntary number of days -- I don't even think we ought to have as many peace officers as we already have in this state, as I continue to vote no on endless categories of people becoming peace officers.

It adds to my concern that we would pass a law that would somehow give them the authority and seeming expertise to determine that somebody should be involuntarily placed in a hospital.

And of course the other part that is just fundamental to this and several other bills being proposed today is research shows treatment for substance abuse only works if the person is ready and willing to participate. Forcing treatment against someone's will unfortunately is a model that has proved to be ineffective.

And we need to make sure people are getting the treatment they need on demand, but we need to realize as much as we want them to do what we think is right for themselves, you can't dictate or mandate a treatment model that will work if they're not willing to cooperate.

So I will vote no, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Senator Ortt to explain his vote.

SENATOR ORTT:Thank you, Mr. President. I rise in support of this bill for the following reasons.

First of all, this bill was crafted with absolute consideration for the Constitution and for due process. I fought and defended the Constitution, as others have in this chamber, and I know that all my learned colleagues in this chamber respect the Constitution and certainly try to honor that in all the legislation we pass.

However, we took great pains to make sure that due process was considered in this bill, first and foremost.

Secondly, we don't know that involuntary treatment doesn't work. What I would say is that the statistics show that voluntary treatment is the best, but I will tell you that the stats of involuntary treatment are better than the stats on no treatment.

So this bill certainly looks at extreme measures. For folks -- and we've talked with numerous parents who have lost loved ones or law enforcement officials who have dealt with this epidemic. And they will tell you, first and foremost, many of the people, many of the parents will tell you that that child is no longer my child, they're not of their right mind when they're addicted to opioids and heroin.

And so this bill I think takes a look at the existing laws, strengthens them, and also addresses law enforcement who are going out and reviving the same members on Narcan day in and day out, going to the same addresses week after week, and allows these individuals to get into treatment.

And so for that reason I vote aye and I encourage my colleagues to do the same, Mr. President.

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

Senator Hamilton to explain his vote.

SENATOR HAMILTON:Yes, Mr. Chair, I will be voting in favor of this bill.

The Mental Health Committee, chaired by Senator Ortt, has been doing a phenomenal job in getting bills out for people who are addicted to drugs in the mental health community.

This intervention is needed. Many of our young people are on drugs and their minds are altered, and we need to have some type of response to make sure that they get appropriate care that they need.

So I just want to thank the Mental Health Committee and Senator Ortt for proposing this bill. I'll be voting in the affirmative.

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

Senator Hassell-Thompson to explain her vote.

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

As somebody who's worked for more than 25 years in the substance abuse community, I'm a little bit disturbed because I think that Senator Krueger has articulated one of the major concerns about getting well from addiction.

Addiction is not about what you want, it really has to be about what the patient needs and their wants. And the successful models are not predicated on whether you lock them up or arrest them or you push them into a treatment modality that you think may be suitable but they have to be willing. They have to be accepting of the fact that this is a substance issue that they have. And even though you are affected by it, it is not your addiction.

And so I think that while it sounds good on the surface for us to say that we pick them up -- it's just like people who are homeless. You know, when the temperature drops below 32 degrees, we think it's humane to take these people to shelters. But if that's not their choice and their wish, they're not going to stay there anyway. And they're not going to have the success rate that we want them to have.

So I think that there's more thought that needs to go into these bills. I do appreciate the conscientiousness with which you believe this can happen. But as somebody who has had a lot of experience in this community, I have seen too many failures predicated on forcing people that are not ready.

I will be voting no, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson to be recorded in the negative.

Announce the results.

THE SECRETARY:In relation to Calendar 847, those recorded in the negative are Senators Comrie, Dilan, Gianaris, Hassell-Thompson, Hoylman, Krueger, Parker, Perkins, Rivera, Sanders, Squadron and Stewart-Cousins.

Ayes, 46. Nays, 12.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 848, by Senator DeFrancisco, Senate Print 6317, an act to amend the Criminal Procedure Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: This is a great bill, so I'm voting yes.

But I would like to just point out that if someone didn't like this bill before and likes it now and wants to change their mind upon their growth, that's a good thing. That's not being incorrigible. And I would encourage people to do that.

Thank you.

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

I think Senator Krueger left her heart with DeFrancisco.

(Groans.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 848, those recorded in the negative are Senators Dilan, Hassell-Thompson, Hoylman, Montgomery, Peralta, Perkins, Rivera and Squadron. Also Senator Sanders.

Ayes, 49. Nays, 9.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 849, by Senator Croci, Senate Print 6632A, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Croci to explain his vote.

SENATOR CROCI:Thank you, Mr. President.

First of all, I want to implore the house to look hard at the vote on this. The heroin epidemic is something familiar to all of us in all of our districts. But in 2012 and 2013, we started seeing heroin laced with fentanyl.

For those of you who know anything about combat medicine, this is what combat medics carry in the field. In World War II it was opium in syrettes, morphine in syrettes, and now it's fentanyl. It's very strong, it's very powerful, and it's very cheap. So we see a lot of dealers now mixing fentanyl and heroin.

This Senate and this state has done a really good job with our county health agencies of working, Mr. President, to distribute Narcan to save lives in our communities. And I know all of us have participated in some sort of Narcan training. Heroin laced with fentanyl is resistant to Narcan. It dilutes the effects of Narcan, and it makes it very hard to save that life.

I would ask, I would implore this house to think very carefully about this legislation and join me in a yes vote, because we can be saving lives with the Narcan training and the Narcan investment that we made in our communities. This is a new twist, and if we don't get ahead of it we're going to see more devastation in our communities.

Mr. President, I'll be voting aye.

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

Announce the results.

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 851, by Senator Hannon, Senate Print 6962A, an act to amend the Insurance Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 57. Nays, 1. Senator Hamilton recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 852, by Senator Ortt, Senate Print 7012, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the first of November.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 852, those recorded in the negative are Senators Dilan, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Persaud, Rivera and Squadron.

Ayes, 47. Nays, 11.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 854, by Senator Akshar, Senate Print 7200, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of November.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 854, those recorded in the negative are Senators Hamilton, Hoylman, Montgomery, Parker, Perkins, Sanders and Squadron.

ACTING PRESIDENT GRIFFO:Some order in the house, please.

THE SECRETARY:Ayes, 51. Nays, 7.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 855, by Senator Murphy, Senate Print 7315, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 856, by Senator Murphy, Senate Print 7317A, an act to amend the Social Services Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Ayes, 57. Nays, 1. Senator Comrie recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is still passed.

THE SECRETARY:Calendar Number 857, by Senator Akshar, Senate Print 7365, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.

SENATOR HAMILTON:Yes, Mr. Chair, I rise to vote yes on this bill by Senator Akshar.

I think it's a step in the right direction to ask for counseling for patients before taking the schedule to opioids. And I think we should be putting more money into prevention and counseling than incarceration.

Thank you.

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

Announce the results.

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 858, by Senator Murphy, Senate Print 7397, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 859, by Senator Amedore, Senate Print 7446, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 6. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.

SENATOR HAMILTON:Yes, Mr. President, I rise to cast my vote in the affirmative for authorizing the Office of Alcohol and Substance Abuse Services to provide more funding.

I think this is a move in the right direction by Senator Amedore. We need more funding for services and prevention rather than incarceration of people of who are doing drugs.

Thank you so much.

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

Announce the results.

THE SECRETARY:In relation to Calendar 859, those recorded in the negative are Senators Hoylman, Krueger and Perkins.

Ayes, 55. Nays, 3.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 864, by Senator Carlucci, Senate Print 631, an act to amend the Mental Hygiene Law.

ACTING PRESIDENT GRIFFO:Read the last section.

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

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Announce the results.

THE SECRETARY:In relation to Calendar 864, those recorded in the negative are Senators Hoylman, Krueger and Rivera.

Ayes, 55. Nays, 3.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 866, by Senator Gianaris, Senate Print 2484A, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 180th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 57. Nays, 1. Senator Perkins recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 867, by Senator Parker, Senate Print 2787, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3 --

SENATOR SERRANO:Lay the bill aside for the day.

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

THE SECRETARY:Calendar Number 868, by Senator Parker, Senate Print 3805, an act to amend the Domestic Relations Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the first of November.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Parker to explain his vote.

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

As many of you know, domestic violence has been a very, very serious issue in the State of New York and particularly in my district. Oftentimes we are hearing almost daily of stories of particularly young women who are killed while having an order of protection in place.

This bill mandates that there's in fact some jail time if in fact you have repeat violators. And so if someone is violating multiple times an order of protection, that it mandates some jail time, up to 30 days.

And so we really must do a better job at protecting our communities and making sure that people get the right message that domestic violence is not going to be tolerated in this state.

Thank you.

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

Announce the results.

THE SECRETARY:Ayes, 58.

ACTING PRESIDENT GRIFFO:The bill is passed.

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

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

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

SENATOR DeFRANCISCO: In that case, I move to adjourn until Wednesday, May 18th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Wednesday, May 18th, at 11:00 a.m.

The Senate stands adjourned.

(Whereupon, at 6:36 p.m., the Senate adjourned.)