466
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 January 31, 2017
11 11:11 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR FRED AKSHAR, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
467
1 P R O C E E D I N G S
2 ACTING PRESIDENT AKSHAR: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT AKSHAR: In the
10 absence of clergy, may we please bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT AKSHAR: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Monday,
17 January 30th, the Senate met pursuant to
18 adjournment. The Journal of Sunday,
19 January 29th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT AKSHAR: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
468
1 THE SECRETARY: On page 7, Senator
2 Klein moves to discharge, from the Committee on
3 Rules, Assembly Bill Number 377 and substitute
4 it for the identical Senate Bill 1068, Third
5 Reading Calendar 22.
6 ACTING PRESIDENT AKSHAR:
7 Substitution ordered.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Mr. Floor Leader.
15 SENATOR DeFRANCISCO: Yes, I move
16 to adopt the Resolution Calendar, with the
17 exception of Numbers 387, 487, and 370.
18 ACTING PRESIDENT AKSHAR: All in
19 favor of adopting the Resolution Calendar, with
20 the exception of Resolutions 387, 487, and 370,
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT AKSHAR: Opposed,
24 nay.
25 (No response.)
469
1 ACTING PRESIDENT AKSHAR: The
2 Resolution Calendar is adopted.
3 SENATOR DeFRANCISCO: Would you
4 please take up now the noncontroversial reading
5 of the calendar.
6 ACTING PRESIDENT AKSHAR: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 22, substituted earlier by Member of the
10 Assembly Dinowitz, Assembly Print 377, an act to
11 amend the Executive Law.
12 ACTING PRESIDENT AKSHAR: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the same date and in
16 the same manner as a chapter of the Laws of
17 2016.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Results?
22 THE SECRETARY: Ayes, 45.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
470
1 31, by Senator Amedore, Senate Print 894, an act
2 to amend the Highway Law.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Results?
11 THE SECRETARY: Ayes, 46.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 THE SECRETARY: Calendar Number 45,
15 by Senator Ortt, Senate Print 723, an act to
16 amend the Environmental Conservation Law.
17 ACTING PRESIDENT AKSHAR: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT AKSHAR: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 45. Nays, 1.
25 Senator Serrano recorded in the negative.
471
1 ACTING PRESIDENT AKSHAR: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 49,
4 by Senator Croci, Senate Print 939, an act to
5 amend the Civil Service Law.
6 ACTING PRESIDENT AKSHAR: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day.
10 ACTING PRESIDENT AKSHAR: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT AKSHAR: Results?
14 THE SECRETARY: Ayes, 46.
15 ACTING PRESIDENT AKSHAR: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 52,
18 by Senator Robach, Senate Print 1011, an act to
19 amend the Education Law.
20 ACTING PRESIDENT AKSHAR: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll.
472
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Results?
3 THE SECRETARY: Ayes, 46.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 53,
7 by Senator Carlucci, Senate Print 1724, an act to
8 amend the Real Property Tax Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Results?
17 THE SECRETARY: Ayes, 48.
18 ACTING PRESIDENT AKSHAR: The bill
19 is passed.
20 THE SECRETARY: Calendar Number 64,
21 by Senator Golden, Senate Print 227, an act to
22 amend the Penal Law.
23 ACTING PRESIDENT AKSHAR: Read the
24 last section.
25 THE SECRETARY: Section 2. This
473
1 act shall take effect on the 90th day.
2 ACTING PRESIDENT AKSHAR: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT AKSHAR: Results?
6 THE SECRETARY: In relation to
7 Calendar 64, those recorded in the negative are
8 Senators Montgomery, Parker and Peralta.
9 Ayes, 45. Nays, 3.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number 65,
13 by Senator Ortt, Senate Print 258, an act to
14 amend the Penal Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the first of November.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Results?
23 THE SECRETARY: Ayes, 46. Nays, 2.
24 Senators Montgomery and Parker recorded in the
25 negative.
474
1 ACTING PRESIDENT AKSHAR: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 66,
4 by Senator Robach, Senate Print 297, an act to
5 amend the Penal Law.
6 ACTING PRESIDENT AKSHAR: Read the
7 last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect on the first of November.
10 ACTING PRESIDENT AKSHAR: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT AKSHAR: Results?
14 THE SECRETARY: Ayes, 48.
15 ACTING PRESIDENT AKSHAR: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 73,
18 by Senator Kennedy, Senate Print 671, an act to
19 amend the Penal Law.
20 ACTING PRESIDENT AKSHAR: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of November.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll.
475
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Results?
3 THE SECRETARY: Ayes, 50.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 77,
7 by Senator Avella, Senate Print 1302, an act to
8 amend the Penal Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Results?
17 THE SECRETARY: Ayes, 49. Nays, 1.
18 Senator Montgomery recorded in the negative.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number 78,
22 by Senator Golden, Senate Print 1741, an act to
23 amend the Penal Law.
24 ACTING PRESIDENT AKSHAR: Read the
25 last section.
476
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT AKSHAR: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AKSHAR: Results?
7 THE SECRETARY: Ayes, 48. Nays, 2.
8 Senators Montgomery and Parker recorded in the
9 negative.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number 82,
13 by Senator Lanza, Senate Print 2616, an act to
14 amend the Penal Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Results?
23 THE SECRETARY: Ayes, 50.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
477
1 Mr. Floor Leader, that completes the
2 noncontroversial reading of the calendar.
3 SENATOR DeFRANCISCO: Thank you.
4 Could we now take up Resolution
5 Number 248? It was previously adopted. Please
6 read the short title only and then call on
7 Senators Tedisco and Marchione.
8 ACTING PRESIDENT AKSHAR: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 248, by Senator Tedisco,
12 congratulating the Shenendehowa High Field Hockey
13 Team and Head Coach Jeanne Frevola upon the
14 occasion of capturing the Class A New York State
15 Public High School Athletic Association Field
16 Hockey Championship.
17 ACTING PRESIDENT AKSHAR: Senator
18 Tedisco.
19 SENATOR TEDISCO: Thank you,
20 Mr. President and my colleagues.
21 Mr. President, up in the balcony,
22 above you there, is an unprecedented, outstanding
23 group of young ladies and their coaches. And
24 we're very proud, myself and Senator Marchione,
25 to be able to represent the Shenendehowa High
478
1 School and School District.
2 It's great when a school wins one
3 championship in a Class A area, goes through
4 their entire schedule, wins their league, wins
5 their section, and then goes on to win the
6 Class A. But this is the second time in four
7 years.
8 And we're very proud of Jeanne
9 Frevola, the coach, and her assistant coaches and
10 all these outstanding student athletes. They not
11 only won all those areas, but they were 21 and 0,
12 did not lose a game. And to have two state
13 championships in a matter of four years is really
14 unprecedented.
15 But I'm not surprised, because every
16 year Shenendehowa puts out not just excellent
17 academic opportunities for kids over there, but
18 activities and athletic opportunities. One
19 championship after another championship after
20 another championship. And they are certainly a
21 championship school, and these are championship
22 young ladies and coaches.
23 And I'm very proud that we were able
24 to pass this resolution, which we gave them a
25 copy of, unanimously. And they won that
479
1 championship I guess 2 to 1, from Scarsdale High
2 School, I think that was. And that was in
3 Endwell. And I guess all's well that ends well
4 for Shenendehowa and the Girls Varsity Field
5 Hockey Team.
6 So we're very, very proud of you,
7 extremely proud of you. We'll probably see you
8 back next year or in the next couple of years
9 with another championship.
10 And I would yield to my colleague
11 Senator Marchione, who I'm sure is equally as
12 proud of you. And thank you so much, and welcome
13 here to the Capitol and these august Senate
14 chambers. And congratulations.
15 ACTING PRESIDENT AKSHAR: Thank
16 you, Senator Tedisco.
17 Senator Marchione.
18 SENATOR MARCHIONE: Thank you,
19 Mr. President. Thank you, Senator Tedisco.
20 I am honored to be able to recognize
21 the Shenendehowa Field Hockey Team. And I was
22 talking to the girls earlier, and I told them
23 that I'm a graduate of Shenendehowa High School
24 as well. What I didn't tell them is I used to
25 play on the field hockey team when I was there
480
1 also. But I didn't play like you play. I was
2 not anywheres near undefeated. It is amazing to
3 be undefeated. And you know when that happens,
4 it should be celebrated and it should be honored.
5 And that's what we're doing here for you today.
6 Your accomplishment was just incredible. And
7 it's a perfect end to a perfect season when
8 you're 21 to 0.
9 You certainly made your parents
10 proud, your friends, your Shenendehowa School
11 District, and all of us alumni who were there
12 rooting for you. Congratulations to you and your
13 coaches, to your parents. An incredible win, a
14 perfect end to a perfect season.
15 Thank you, Mr. President.
16 ACTING PRESIDENT AKSHAR: Thank
17 you, Senator Marchione.
18 (Applause.)
19 ACTING PRESIDENT AKSHAR: To the
20 coach, to the assistant coaches, to the student
21 athletes, on behalf of the New York State Senate,
22 we welcome you. Congratulations, and we extend
23 all the courtesies of the house.
24 Madam Floor Leader.
25 SENATOR RITCHIE: Can we take up
481
1 Resolution Number 387, by Senator Ortt, read the
2 title only, and call on Senator Ortt to speak.
3 ACTING PRESIDENT AKSHAR: Madam
4 Floor Leader, I believe that Senator Tedisco
5 would like to open the resolution up for
6 cosponsorship.
7 SENATOR RITCHIE: Please do so.
8 ACTING PRESIDENT AKSHAR: So if you
9 don't wish to be a cosponsor, please notify the
10 desk.
11 Madam Floor Leader.
12 SENATOR RITCHIE: Can we take up
13 Senator Ortt's resolution, please.
14 ACTING PRESIDENT AKSHAR: Yes,
15 ma'am.
16 The Secretary will read.
17 THE SECRETARY: Legislative
18 Resolution Number 387, by Senator Ortt,
19 commending Catholic Charities of New York State
20 upon the occasion of celebrating their 100th
21 anniversary.
22 ACTING PRESIDENT AKSHAR: Senator
23 Ortt.
24 SENATOR ORTT: Thank you,
25 Mr. President.
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1 I want to rise to briefly recognize
2 and certainly celebrate the 100th anniversary of
3 Catholic Charities here in New York.
4 You know, I think about in this
5 chamber we certainly have passionate discussions
6 and debates on the role of government, what
7 government can do, what government should do.
8 But I think we all recognize there are
9 limitations on how much government can do. And
10 very often it is groups like Catholic Charities,
11 and Catholic Charities specifically, that have
12 filled that gap where government is unable to go
13 or sometimes unwilling to go.
14 I think about all of the working
15 poor that have been benefited and helped by
16 Catholic Charities. I think about all the single
17 mothers, all the children that have benefited
18 from the work of Catholic Charities. And I know
19 firsthand in my district, and across New York
20 State, that our communities have been better
21 because of the work of Catholic Charities.
22 And I know it's also maybe in vogue
23 at a time when it's a lot more popular to talk
24 about secularization and move away from
25 religious-themed organizations. But if you look
483
1 at the work of what Catholic Charities does, the
2 actual where-the-rubber-meets-the-road, and the
3 work that they do in our communities and in our
4 state, it is absolutely beyond debate that they
5 have made New York State and our local
6 communities a better place to live. And what
7 they do and their message is a message I think we
8 could all benefit from just in our own lives.
9 So, Mr. President, I want to
10 congratulate Catholic Charities on 100 years of
11 great work in New York, and certainly to
12 100 years more. And I thank my colleagues for
13 their sponsorship.
14 ACTING PRESIDENT AKSHAR: Thank
15 you, Senator Ortt.
16 Senator Kennedy.
17 SENATOR KENNEDY: Thank you,
18 Mr. President.
19 I too rise to congratulate Catholic
20 Charities on 100 years of serving our community
21 and on serving the most vulnerable individuals in
22 society, those individuals that need a helping
23 hand at a certain point in their lives, that but
24 for Catholic Charities might find themselves in
25 extreme and dire situations, more so than they
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1 are already in.
2 Last year alone, Catholic Charities
3 helped over 16,000 children, over 100,000
4 individuals in Erie County alone. There are
5 millions of individuals across Western New York
6 and across this great state and nation that
7 Catholic Charities has helped over the course of
8 the last century, and their work continues.
9 And maybe now so, their work is
10 needed more than ever before, with the growing
11 income gap, with income inequality. And
12 unfortunately, with the rich getting richer and
13 the poor getting poorer, there is more of a need
14 now for us to help our fellow man than ever
15 before.
16 And so with Catholic Charities
17 stepping up and being a force for good in all of
18 society, we owe that organization and the
19 leadership a tremendous debt of gratitude for
20 their work over the years. And I'm proud to
21 stand here in support of all of the initiatives
22 and all of the work that they have done, and
23 here's to a hundred years more.
24 Thank you, Mr. President.
25 ACTING PRESIDENT AKSHAR: Thank
485
1 you, Senator Kennedy.
2 The question is on the resolution.
3 All in favor signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT AKSHAR: Opposed,
6 nay.
7 (No response.)
8 ACTING PRESIDENT AKSHAR: The
9 resolution is adopted.
10 Madam Floor Leader.
11 SENATOR RITCHIE: Senator Ortt
12 would like to open this up for cosponsorship.
13 ACTING PRESIDENT AKSHAR: The
14 resolution is open for cosponsorship. If you do
15 not wish to be a cosponsor, please notify the
16 desk.
17 Madam Floor Leader.
18 SENATOR RITCHIE: Can we take up
19 Resolution Number 487, by Senator Hoylman, read
20 the title only, and call on Senator Stavisky
21 first and then Senator Hoylman to speak.
22 ACTING PRESIDENT AKSHAR: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 487, by Senator Hoylman,
486
1 commemorating International Holocaust Remembrance
2 Day on January 27, 2017.
3 ACTING PRESIDENT AKSHAR: Senator
4 Stavisky.
5 SENATOR STAVISKY: Thank you,
6 Mr. President.
7 And thank you, Senator Hoylman, for
8 being the prime sponsor of this resolution.
9 If my great-great-grandparents had
10 not left Germany, I would be one of the 6 million
11 people who perished in the Holocaust.
12 Fortunately, we are teaching about
13 the Holocaust in our public schools, and people
14 are reminded day in and day out that this was not
15 only a tragic moment of our history, but one that
16 can reoccur.
17 There are people who deny it ever
18 occurred, the Holocaust deniers. And they've
19 become more and more active on the Internet,
20 because it's so easy to post information on the
21 Internet and to recruit members for their
22 organizations.
23 And I think the person who really
24 summed up the tragedies of what occurred was the
25 Nobel Prize winner Elie Wiesel, who passed away
487
1 last year in July, I believe.
2 He said the opposite of love is not
3 hate, it's indifference. The opposite of beauty
4 is not ugliness, it's indifference. The opposite
5 of faith is not heresy, it's indifference. And
6 the opposite of life is not death, but
7 indifference between life and death.
8 And in his Nobel Prize speech, he
9 said, "I swore never to be silent whenever and
10 wherever human beings endure suffering and
11 humiliation. We must always take sides.
12 Neutrality helps the oppressor, never the victim.
13 Silence encourages the tormentor, never the
14 tormented." And I think today those words are as
15 appropriate as they were in 1986.
16 So let us remember the victims, but
17 also the message of what occurred.
18 Thank you, Mr. President.
19 ACTING PRESIDENT AKSHAR: Thank
20 you, Senator Stavisky.
21 Senator Hoylman.
22 SENATOR HOYLMAN: Thank you,
23 Mr. President.
24 Thank you, Senator Stavisky, for
25 those moving words.
488
1 I rise to speak on the resolution
2 commemorating International Holocaust Remembrance
3 Day, which was January 27th. And I think most
4 people know it commemorates the genocide that
5 resulted in the death of 6 million Jewish people,
6 200,000 Romani people, 250,000 mentally and
7 physically disabled people, and 9,000 gay men, by
8 the Nazi regime and its collaborators.
9 Now, it was created, International
10 Holocaust Remembrance Day, in 2005 because of a
11 series of disturbing trends. First, there are
12 fewer and fewer people, of course, with personal
13 accounts of the Holocaust. But stepping into
14 that gap of memory have been bigots of all kinds
15 across the world. They've spread lies and
16 debased the memories of those millions of
17 individuals who were murdered during the
18 Holocaust.
19 In addition, let's face it, there is
20 state-sponsored anti-Semitism in countries like
21 Iran. But in western nations, and even in our
22 own, there are many individuals and organizations
23 who deny the reality of the Holocaust. And
24 that's just not, you know, the KKK and neo-Nazis
25 and far-right-wing political movements, but more
489
1 recently the so-called alt-right, the white
2 nationalists, who claim that the Holocaust is
3 exaggerated or, worse, never even happened.
4 That's why I have to say that
5 President Trump's statement on January 27th
6 commemorating Holocaust Remembrance Day was so
7 shocking. While it called out the suffering of
8 innocents as well as the heroism of those who
9 took personal risks to save others, and it
10 expressed a commitment to make sure that such an
11 evil never takes place again, the statement
12 lacked one key fact, that the horror befell the
13 Jewish people.
14 And also, it must be added that the
15 President's statement on Holocaust Remembrance
16 Day was the same day that he issued his infamous
17 Muslim immigration ban, the same day that he said
18 that Muslims, individuals from seven
19 predominantly Muslim countries, are no longer
20 admitted to the United States of America.
21 Well, we can help correct that
22 today, Mr. President. You know, about
23 23,000 survivors are still alive in New York, and
24 will be up to around 2025. There's one in my
25 district who I wish to mention, a woman, who's
490
1 92 years old, named Gina Zuckerman. And she drew
2 attention recently because she was walking to her
3 senior center, where she volunteers on a daily
4 basis, and she was attacked by a mugger who tried
5 to steal her pocketbook. And you know what Gina
6 did? She fought back. The mugger ran away
7 without Gina's purse.
8 She's the kind of survivor I think
9 that represents the best of New York City, and
10 I'm very honored to represent her here in the
11 State Senate.
12 Before I close, though, I'd like to
13 read a few words written by the president of the
14 Anti-Defamation League, Jonathan Greenblatt. He
15 said that "The suffering of the Jewish people is
16 not an afterthought, a prepositional phrase to be
17 bolted on to the end of a sentence. The
18 suffering of the Jewish people is the whole
19 reason that the concept of the Holocaust was
20 defined. It became shorthand to explain the
21 unexplainable, the inconceivable: an
22 international transnational campaign to
23 exterminate an entire people, perpetrated in
24 broad daylight in front of the entire world."
25 He goes on to say: "We now live
491
1 more than 70 years removed from these horrors.
2 The global population of survivors is dwindling.
3 At the same time, Holocaust deniers on the
4 extreme right or the radical left seem to be
5 enjoying a renaissance." And this comes at the
6 same time that the Anti-Defamation League's
7 global survey on anti-Semitism has found that
8 35 percent of people worldwide do not know of the
9 Holocaust, and 28 percent believe it never
10 happened.
11 Over the weekend, as protests grew
12 about President Trump's immigration ban, there
13 was a Twitter feed called the St. Louis Manifest
14 that released the names of passengers on the
15 St. Louis, which was a ship filled with Jewish
16 refugees turned away from the United States
17 in 1939. The ship's 937 Germany Jewish refugees
18 were returned to Europe, and 254 of the
19 passengers were later murdered in the Holocaust.
20 So today we remember those refugees
21 on the St. Louis. We remember the 6 million who
22 were murdered. We stand for our sisters and
23 brothers. I stand for my husband, my daughter,
24 and their family, and we say never again.
25 Thank you, Mr. President.
492
1 ACTING PRESIDENT AKSHAR: Thank
2 you, Senator Hoylman.
3 Senator Squadron.
4 SENATOR SQUADRON: Thank you,
5 Mr. President. On the resolution.
6 First of all, I thank Senator
7 Hoylman for putting this resolution in and for
8 his moving words on it.
9 To be clear, Holocaust Remembrance
10 Day exists to make sure that we remember, that we
11 never forgot the horrors of the Holocaust, but
12 also the origins and the reasons for the
13 Holocaust.
14 To be very clear, it was built in a
15 fascist nationalism and the goal to exterminate
16 the Jewish people from the face of the earth. To
17 ignore that is to deny that. To deny that is to
18 erase it.
19 So we have to ask why, at a time and
20 a moment when, as a country and a world, we
21 should be recommitting ourselves to the internal
22 memory of the 6 million so that we can prevent
23 any horror against any people of that scale in
24 the future, our president would choose to erase
25 the suffering and the murder of Jews from this
493
1 day.
2 Now, my mother-in-law was born in a
3 displaced person's camp in Germany after
4 World War II. Both of her parents had survived
5 the camps. Her father, his entire life, carried
6 the tattooed number on his arm. She, along with
7 her parents, was allowed into this country from
8 the displaced person's camp in order to find
9 refuge and home here. She and her siblings were
10 raised in public housing outside Philadelphia.
11 She raised my wife, her sister, truly living the
12 American dream. And today my children, her
13 grandchildren, are descendants of that history of
14 extermination and survival and refuge granted by
15 this country.
16 Why would we want to deny that or
17 ignore that or erase that? The only possible
18 reason could be for the very reason Holocaust
19 Remembrance Day exists in the first place, for
20 the very reason generations of children, whatever
21 their faith, wherever they live, have been told
22 "Never forget." Because there are those in this
23 country who know that if we forget, if we erase,
24 it is that much easier to head down the road, the
25 very dangerous, very evil, deeply un-American
494
1 road that got this world there in the first
2 place.
3 Holocaust Remembrance Day, I'd like
4 to honor all of those who were murdered in the
5 Shoah, all those whose families, friends, loved
6 ones and communities were destroyed. I'd like to
7 honor all those in this country and around the
8 world of all faiths who, in the years since, have
9 stood up against fascism and intolerance, have
10 stood up and taken on the cause of avoiding such
11 a tragedy in the future. And I'd like to make
12 sure that we all take some time to remember the
13 many, many millions of individuals who were lost,
14 because that was a lesson that was forgotten in
15 the 1930s.
16 Thank you, Mr. President.
17 ACTING PRESIDENT AKSHAR: Thank
18 you, Senator Squadron.
19 Senator Hamilton.
20 SENATOR HAMILTON: Thank you,
21 Mr. President. I rise also for the remembrance
22 of Holocaust Day.
23 I was fortunate enough to be in a
24 community with a Lubavitch Jewish community. And
25 our community has healed over the years from the
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1 Crown Heights riots now to a community where
2 everybody works together.
3 And I just want to say -- I want to
4 thank Senator Hoylman for this resolution. And
5 Simon Wiesenthal was mentioned earlier. And we
6 have the Simon Wiesenthal Museum in Los Angeles,
7 and we have the Simon Wiesenthal Museum in
8 New York City. And it's been there for over
9 15 years, but they're losing their lease. We
10 cannot let this institution, the Simon Wiesenthal
11 Museum, just go away. Unfortunately, the rent
12 was increased a hundred percent, and they're now
13 losing their lease.
14 So I stand here before this body
15 today to say I'm committed to the Simon
16 Wiesenthal Mobile. And this mobile will go
17 throughout the State of New York, and it shows
18 how -- people in tolerance and how we can live
19 together with diversity in New York State.
20 So I hope my colleagues in the State
21 Senate and in the Assembly will keep the
22 tradition alive of Simon Wiesenthal and the
23 Holocaust remembrance, by having the Simon
24 Wiesenthal Tolerance Mobile.
25 I was fortunate enough to go to
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1 Israel last year with my friends, and for the
2 first time I was able to see this beautiful
3 country, with enemies at all of its borders. I
4 went to the Golan Heights, Tel Aviv, and I met so
5 many people who were just generally outgoing and
6 loving people. And Tel Aviv was a diverse city.
7 It reminded me of New York.
8 And when I went to the Dead Sea and
9 I went to the Golan Heights and saw ISIS flags on
10 the perimeter, I realized Israel has enemies at
11 all its borders. So when I came back home -- and
12 when I was still in Israel, I met young men and
13 women from Crown Heights who were fighting and
14 putting their lives on the line to protect us
15 here in the United States and to protect those in
16 Israel. And I said to myself, knowing these
17 young men and women in my community who were
18 overseas and putting their lives on the line, I
19 could not come back home and not support them and
20 keep them safe.
21 That's why I did not support the
22 Iranian deal, because I said to myself, I must
23 support these young men and women from Crown
24 Heights who are putting their lives on the line
25 for their community and our community.
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1 And when I protested the Iranian
2 deal, I saw, protesting with myself, Senator
3 Simcha Felder, Assemblyman Dov Hikind, to speak
4 out against this Iranian deal putting Israel in
5 jeopardy. And I saw Holocaust survivors, vibrant
6 people who witnessed horrors that none of us have
7 ever witnessed in our lives, still brandishing
8 the tattoos that were put on their arms in the
9 death camps.
10 Six million Jews died in the death
11 camps. But we must remember, it wasn't Nazi
12 Germany that killed many of the Jews, it was
13 average citizens in other countries who took it
14 upon themselves to allow this atrocity to happen.
15 So I stand here today as Jesse
16 Hamilton from a community where, when we see a
17 swastika drawn on anybody's house, on any
18 structure, we erase it the same day. We do not
19 tolerate anti-Semitism. We do not tolerate hate
20 in my district.
21 And that's why, when I go to the
22 shuls, when I speak to young people and I speak
23 to women who were being attacked for their
24 wedding rings -- they didn't know who I was, but
25 they always heard my name, Jesse Hamilton. But
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1 in Crown Heights they call me Yishai. And when I
2 speak out and say I'm Jesse Hamilton, they go,
3 "That's Yishai." Because if you hurt one of us,
4 you hurt all of us.
5 And so today, I just want to say I'm
6 glad to be part of the resolution for the
7 Holocaust Remembrance Day. Thank you so much.
8 Shalom.
9 ACTING PRESIDENT AKSHAR: Senator
10 Hamilton, thank you.
11 Senator Sanders.
12 SENATOR SANDERS: Thank you,
13 Mr. President.
14 I want to thank the sponsor for this
15 resolution. As an African-American, I am no
16 stranger to holocaust. So hearing of holocaust
17 will always get my attention.
18 I am appalled that the president did
19 not mention the Jewish people when he was
20 speaking. I'm also appalled that he had his
21 Muslim ban on the same day. This does not
22 reflect well on us as a nation.
23 We have to really understand history
24 to understand that we should never do this again.
25 And we always have to look to see when madness
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1 starts, and we should get there fast and first to
2 stop it. Had we done this at the beginning of
3 what we now know as World War II, we would have
4 stopped the Nazis with their first holocaust,
5 which was in southwest Africa, or a colony that
6 they called German Southwest Africa, where the
7 Nazis perfected the holocaust, where they had
8 their first concentration camps. And 2 million
9 people died there.
10 We have to get -- wherever the
11 fascists put themselves, we must get there first,
12 fast, and say never again to any of these things.
13 We should never forget. And we should vow as a
14 country, as a community, as people, never
15 again -- that an injury to one is an insult to
16 all of us.
17 Thank you very much.
18 ACTING PRESIDENT AKSHAR: Thank
19 you, Senator Sanders.
20 Senator Alcantara.
21 SENATOR ALCANTARA: Thank you,
22 Senator Brad Hoylman, for introducing this
23 resolution.
24 Today more than ever, it's important
25 to remember why it's so important to talk about
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1 the Holocaust and to remember what happened. Not
2 only were 6 million Jews killed, millions of
3 others lost all their property, their home
4 country, got separated from their family and had
5 to start anew. And we have to remember that
6 6 million people were killed for no other reason
7 but their religion.
8 It's a shame that our current
9 president decided to pass his immigration ban
10 against Muslims on a day that we should be
11 celebrating and remembering the contribution of
12 our Jewish brothers and sisters.
13 I stand here in solidarity with my
14 Jewish brothers and sisters, to remember. One
15 thing we learned about the Holocaust is that a
16 group of people was able to survive, forgive, and
17 start again. And they promised themselves that
18 they would never sit in silence and let this
19 happen again.
20 Again, thank you, Senator Brad
21 Hoylman, for standing up, not only commemorating
22 the Holocaust, but also standing up for our
23 immigrant communities, our Muslim brothers and
24 sisters, our Mexican brothers and sisters that
25 are currently under attack.
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1 And just to remind everybody, during
2 the holocaust,the Dominican Republic took over a
3 thousand Jewish refugees because they had no
4 other place to go.
5 Today is a good opportunity to
6 remember that what our president is trying to
7 sell us as keeping us safe could lead us down the
8 wrong path, and it creates a climate, much like
9 happened in Nazi Germany, when we start labeling
10 and targeting people because of their religion
11 and their country of origin. We as a people have
12 a commitment to the 6 million Jews that died,
13 never to let anyone in our community be targeted
14 because of their religion or their country of
15 origin.
16 Thank you.
17 ACTING PRESIDENT AKSHAR: Thank
18 you, Senator.
19 Hearing no other members wishing to
20 be heard, the question is on the resolution. All
21 in favor signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT AKSHAR: Opposed,
24 nay.
25 (No response.)
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1 ACTING PRESIDENT AKSHAR: The
2 resolution is adopted.
3 Madam Floor Leader.
4 SENATOR RITCHIE: Senator Hoylman
5 would like to open up this resolution for
6 cosponsorship.
7 ACTING PRESIDENT AKSHAR: The
8 resolution is open for cosponsorship. If you do
9 not wish to be a cosponsor, please notify the
10 desk.
11 Madam Floor Leader.
12 SENATOR RITCHIE: Can we now take
13 up Resolution Number 370, by Senator Persaud,
14 read the title only, and call on Senator Persaud.
15 ACTING PRESIDENT AKSHAR: The
16 Secretary will read.
17 THE SECRETARY: Legislative
18 Resolution Number 370, by Senator Persaud,
19 recognizing February 1, 2017, as World Hijab Day.
20 ACTING PRESIDENT AKSHAR: Senator
21 Persaud.
22 SENATOR PERSAUD: Thank you,
23 Mr. President.
24 Today now more than ever is a day
25 for us to acknowledge what divides us and what
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1 also brings us together. On February 1, 2013,
2 the first World Hijab Day was celebrated. It was
3 celebrated by a woman named Nezma Khan, who came
4 from Bangladesh, who because she was wearing a
5 hijab, was always ostracized. She was made fun
6 of. She was called all kinds of names that she
7 should not have been called.
8 Today, over 190 countries will be
9 celebrating World Hijab Day.
10 Many people do not understand the
11 significance of the hijab. They see it and say,
12 "Why are you covering your head? Why are you
13 covering your face?" Many of them, many of the
14 people who are wearing a hijab, it's because of
15 their religion. They're not only women who wear
16 a hijab; there are men who do so. It's a sign of
17 modesty when they are wearing it. And so we must
18 acknowledge that people wearing hijabs should not
19 be ridiculed.
20 You know, there are many forms of
21 hijabs. It's considered a head scarf. It's
22 considered a kerchief covering your head. It's
23 worn coming down the back, covering the neck.
24 There's some that it's covering the face.
25 There's some it's only on the head and not
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1 covering the neck. So there are various forms.
2 But in all, it's all people who are expressing
3 their religious belief.
4 When we talk about tolerance, that's
5 one of the times we must -- in this time more
6 than ever -- accept tolerance. Our president
7 decided to target the Muslim population, a
8 population that today is wearing hijabs. We must
9 all come together and show our tolerance and our
10 acceptance of others' religion and say, This
11 should never happen. We should not discriminate
12 against anyone because of their religion, because
13 of their race, because of their ethnic origin.
14 Today we must show solidarity. And
15 showing solidarity does not mean that you accept
16 every part of someone's religion or every part of
17 what someone does, what someone's ethnic group
18 does. It is showing that you are tolerant. We
19 must all be tolerant. The same way when we sit
20 here, we ask everyone to be tolerant of the
21 decisions that we make, whether we like it or
22 not.
23 It's all about tolerance. Accepting
24 someone wearing a hijab, it's about tolerance.
25 And I encourage my colleagues to accept and to
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1 say we are tolerant, we here in the great State
2 of New York, we are welcoming, we are accepting,
3 we understand you. So I encourage my colleagues
4 just to remember that. A hijab is expressing who
5 we are. We are all one. Despite whatever
6 differences we have, we are all one. Let's all
7 be tolerant.
8 Thank you, Mr. President.
9 ACTING PRESIDENT AKSHAR: Thank
10 you, Senator Persaud.
11 The question is on the resolution.
12 All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT AKSHAR: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT AKSHAR: The
18 resolution is adopted.
19 Madam Floor Leader.
20 SENATOR RITCHIE: Senator Persaud
21 would like to open this resolution up for
22 cosponsorship.
23 ACTING PRESIDENT AKSHAR: The
24 resolution is open for cosponsorship. If you do
25 not wish to be a cosponsor, please notify the
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1 desk.
2 Madam Floor Leader.
3 SENATOR RITCHIE: Can we return to
4 motions and resolutions.
5 ACTING PRESIDENT AKSHAR: Motions
6 and resolutions.
7 SENATOR RITCHIE: On page number 9,
8 I offer the following amendments to Calendar
9 Number 55, Senate Print Number 1379A, and ask
10 that the bill retain its place on the Third
11 Reading Calendar.
12 ACTING PRESIDENT AKSHAR: So
13 ordered.
14 SENATOR RITCHIE: I would like to
15 remind members that Commerce will be meeting
16 immediately following session in Room 813 in the
17 LOB.
18 ACTING PRESIDENT AKSHAR: Madam
19 Floor Leader, I'm sorry, who will be meeting?
20 SENATOR RITCHIE: Commerce will be
21 meeting immediately following session, in
22 Room 813 in the LOB.
23 ACTING PRESIDENT AKSHAR: Commerce
24 will be meeting in Room 813 in the LOB.
25 SENATOR RITCHIE: Is there any
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1 further business at the desk?
2 ACTING PRESIDENT AKSHAR: There is
3 no further business at the desk.
4 SENATOR RITCHIE: I move to adjourn
5 until Monday, February 6th, at 3:00 p.m.,
6 intervening days being legislative days.
7 ACTING PRESIDENT AKSHAR: On
8 motion, the Senate stands adjourned until Monday,
9 February 6th, at 3:00 p.m., intervening days
10 being legislative days.
11 (Whereupon, at 11:53 a.m., the
12 Senate adjourned.)
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