897
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 6, 2018
11 3:57 p.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
898
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, please rise
5 and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT AKSHAR: In the
9 absence of clergy, may we please bow our heads in
10 a moment of silence.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT AKSHAR: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 March 5th, the Senate met pursuant to
17 adjournment. The Journal of Sunday, March 4th,
18 was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT AKSHAR: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 23, Senator
899
1 Bonacic moves to discharge, from the Committee on
2 Judiciary, Assembly Bill Number 9029 and
3 substitute it for the identical Senate Bill 5845,
4 Third Reading Calendar 323.
5 On page 28, Senator Hannon moves to
6 discharge, from the Committee on Health, Assembly
7 Bill Number 8781 and substitute it for the
8 identical Senate Bill 6940, Third Reading
9 Calendar 376.
10 ACTING PRESIDENT AKSHAR: The
11 substitutions are so ordered.
12 Messages from the Governor.
13 Reports of standing committees.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Mr. Floor Leader.
19 SENATOR DeFRANCISCO: Yes. At this
20 point I'd move to adopt the Resolution Calendar,
21 please.
22 ACTING PRESIDENT AKSHAR: All in
23 favor of adopting the Resolution Calendar,
24 signify by saying aye.
25 (Response of "Aye.")
900
1 ACTING PRESIDENT AKSHAR: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT AKSHAR: The
5 Resolution Calendar is adopted.
6 Floor Leader.
7 SENATOR DeFRANCISCO: On page 25, I
8 offer the following amendments to Calendar 348,
9 Senate Print 7372A, by Senator Gallivan, and ask
10 that said bill retain its place on the Third
11 Reading Calendar.
12 ACTING PRESIDENT AKSHAR: The
13 amendments are received, and the bill shall
14 retain its place on the Third Reading Calendar.
15 SENATOR DeFRANCISCO: Now can we
16 take up previously adopted Resolution 3808, by
17 Senator Gallivan, read it in its entirety, and
18 call on Senator Gallivan to speak.
19 ACTING PRESIDENT AKSHAR: The
20 Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution Number 3808, by Senator Gallivan,
23 commemorating the adoption of the Constitution of
24 the Polish-Lithuanian Commonwealth on May 3,
25 2018.
901
1 "WHEREAS, It is the sense of this
2 Legislative Body to recognize and pay just
3 tribute to the cultural heritage of the ethnic
4 groups which comprise and contribute to the
5 richness and diversity of the community of the
6 State of New York; and
7 "WHEREAS, Attendant to such
8 concern, and in keeping with its time-honored
9 traditions, it is the intent of this Legislative
10 Body to commemorate the adoption of the
11 Constitution of the Polish-Lithuanian
12 Commonwealth on May 3, 2018; and
13 "WHEREAS, The celebration of the
14 adoption of the Constitution of the
15 Polish-Lithuanian Commonwealth on May 3, 2018,
16 affirms the culture, identity and self-esteem of
17 a people; it honors a rich heritage and
18 illuminates Poland's history and tradition, as
19 well as the spirit of an indomitable people; and
20 "WHEREAS, The people of this great
21 state and nation and Poland enjoy a deep and
22 abiding relationship rooted in kinship and
23 culture, and many New Yorkers proudly trace their
24 own roots to Poland; and
25 "WHEREAS, The Constitution of the
902
1 Polish-Lithuanian Commonwealth was officially
2 adopted on May 3, 1791; it was modern Europe's
3 first codified national constitution and the
4 second in the world, following the American one;
5 both of these important documents stand as
6 symbols of patriotism and resolve and express the
7 same shared hopes for freedom and
8 self-determination; and
9 "WHEREAS, Only two days after the
10 Constitution had been passed by the Grand Sejm,
11 Polish Parliament, the 3rd of May was established
12 as a national holiday; banned during the
13 partitions of Poland, it was reestablished after
14 the fall of communism in modern Poland and
15 officially became a holiday after the country
16 regained its freedom in 1918; and
17 "WHEREAS, In 1946, while under the
18 communist regime during World War II, public
19 celebration of the holiday was forbidden, and
20 attempts of manifestations were suppressed by the
21 authorities; in 1951, the holiday was summarily
22 outlawed; and
23 "WHEREAS, After the fall of
24 communism, the 3rd of May was restored as an
25 official Polish holiday in April of 1990; almost
903
1 two decades later, the day was also declared a
2 Lithuanian national holiday; the first joint
3 celebration by the Polish Sejm and the Lithuanian
4 Seimas took place on May 3, 2007; and
5 "WHEREAS, Today, the 3rd of May is
6 truly a day of celebration for the people of
7 Poland --
8 ACTING PRESIDENT AKSHAR: Excuse me
9 one second.
10 Can I have some order in the house,
11 please.
12 Thank you.
13 THE SECRETARY: "WHEREAS, Today,
14 the 3rd of May is truly a celebration for the
15 people of Poland; citizens take the day off from
16 work and gather together to recognize their proud
17 heritage through various events such as a 5km
18 Constitution Run, family picnics, parades, and
19 spring concerts; and
20 "WHEREAS, The commemoration of the
21 Constitution of the Polish-Lithuanian
22 Commonwealth on May 3, 2018, provides an
23 opportunity to recognize the significance of
24 their contributions to the quality and character
25 of life, and, through events and activities,
904
1 allows all people to gain a greater appreciation
2 of Poland's history and traditions, and of the
3 role Poles have played, and will continue to
4 play, in our society; and
5 "WHEREAS, This Legislative Body is
6 pleased to have this opportunity to recognize
7 such events of significance which foster ethnic
8 pride and exemplify the cultural diversity that
9 represents and strengthens the fabric of the
10 people and the State of New York; and be it
11 further
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to commemorate
14 the adoption of the Constitution of the
15 Polish-Lithuanian Commonwealth on May 3, 2018."
16 ACTING PRESIDENT AKSHAR: Senator
17 Gallivan.
18 SENATOR GALLIVAN: Thank you,
19 Mr. President.
20 I rise, among other things, to
21 welcome the consul general of the Republic of
22 Poland and his deputy and the contingent of the
23 Polish-American Congress, including those from
24 Long Island all the way out to Buffalo and
25 Western New York.
905
1 Countless Western New York families
2 can trace their roots to Poland and continue to
3 celebrate their culture and heritage today.
4 Poles began arriving in Buffalo in the late
5 1800s. By 1971, over 300,000 Polish-Americans
6 lived in Erie County, making them one of the
7 largest ethnic groups in the region.
8 Their contributions and influence on
9 the community are felt today, from the dozens of
10 Polish-American churches throughout Buffalo and
11 Cheektowaga and Western New York to the historic
12 Broadway Market and the annual Dyngus Day
13 celebration, second largest in the country.
14 We mark the 1791 adoption of the
15 Constitution of the Polish-Lithuanian
16 Commonwealth, a day of celebration for everyone
17 of Polish descent, including the 1.1 million
18 Polish-Americans who live across New York State
19 in all of our districts. Today we recognize
20 Poland's rich history and the contributions that
21 Poles have made and continue to make in our
22 society, and we celebrate their culture and
23 traditions. The cultural diversity that we
24 celebrate today represents the pride that we all
25 share as New Yorkers.
906
1 And I am incredibly proud to host
2 the consul general of the Republic of Poland in
3 New York, Maciej Golubiewski, if you would please
4 stand up; deputy consul general of the Republic
5 of Poland in New York, Mateusz Gmura; as well as
6 the contingent of the Polish-American Congress
7 and members of the New York State delegation.
8 I welcome all of you, thank you for
9 being here, thank you for what you represent, and
10 all of the Polish-Americans that you represent in
11 our districts and throughout the state.
12 Thank you.
13 (Applause.)
14 ACTING PRESIDENT AKSHAR: Thank
15 you, Senator Gallivan.
16 Senator Kennedy on the resolution.
17 SENATOR KENNEDY: Thank you,
18 Mr. President.
19 I too rise to welcome the Polish
20 consul general, the deputy consul general, and
21 members of the Polish-American Congress from all
22 across this great State of New York. Welcome to
23 the New York State Senate chambers.
24 But the history of Poland and the
25 United States and the relationship between the
907
1 great State of New York and the country of Poland
2 extends all the way back to the inception of this
3 great nation. There have been Polish heroes that
4 have helped to shape this great nation and have
5 helped to build the camaraderie and the culture
6 of our country throughout the course of history.
7 I have the incredible privilege to
8 represent an extraordinary Polish and
9 Polish-American community back in Buffalo,
10 New York -- in the City of Buffalo proper, in the
11 City of Lackawanna, as well as in the great Town
12 of Cheektowaga. And it has been an extraordinary
13 experience for me personally to be able to learn
14 the great culture of the Polish people and,
15 again, the history that makes our community so
16 strong and the wonderful culture that we
17 celebrate each and every year, whether it's
18 through the holiday seasons that are coming up,
19 whether the Easter holiday, whether Dyngus Day
20 celebrations -- there is no celebration in the
21 world like Dyngus Day in Buffalo.
22 And for those of you that haven't
23 had an opportunity to come and celebrate the
24 great Polish pride that exists in our state and
25 in our community out in Western New York, I
908
1 invite you, with Senator Gallivan, to experience
2 the amazing, amazing culture that exists in
3 Western New York.
4 And I'm just so proud to stand here
5 to welcome you, Consul General, and extend not
6 only greetings from Western New York but the
7 honor of this great house. We look forward to
8 our continued relationship from New York State to
9 Poland, but certainly as well as from our great
10 United States to the Polish nation as well.
11 Thank you, and welcome.
12 ACTING PRESIDENT AKSHAR: Thank
13 you, Senator Kennedy.
14 To the consul general, the deputy
15 consul general of the Republic of Poland in
16 New York, and your guests, allow me to welcome
17 you. And on behalf of the members of the
18 New York State Senate, we extend all the
19 privileges and the courtesies of this great
20 house.
21 Ladies and gentlemen, please rise
22 one more time and welcome our guests.
23 (Standing ovation.)
24 ACTING PRESIDENT AKSHAR: Senator
25 DeFrancisco.
909
1 SENATOR DeFRANCISCO: Yes, that
2 resolution is open for cosponsorship. If you'd
3 like to cosponsor, please let the desk know of
4 that.
5 ACTING PRESIDENT AKSHAR: If a
6 member of the house would like to be a cosponsor,
7 they should notify the desk.
8 SENATOR DeFRANCISCO: All right,
9 now we also have a resolution on -- Resolution
10 Number 3901, by Senator Golden, that was
11 previously adopted. Could you read it in its
12 entirety and call on Senator Golden to speak.
13 ACTING PRESIDENT AKSHAR: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 3901, by Senators Golden and
17 Gallivan, commending Lou Matarazzo, retired
18 New York City police officer and former New York
19 City Patrolmen's Benevolent Association
20 president, for his tenacious advocacy on behalf
21 of law enforcement and public employees spanning
22 more than 50 years.
23 "WHEREAS, It is the custom of this
24 Legislative Body to recognize and honor those
25 distinguished officers and citizens who would
910
1 devote themselves to public service,
2 demonstrating great courage and diligence in
3 providing for the care and welfare of the
4 citizens of their communities and this great
5 Empire State; and
6 "WHEREAS, Within every community of
7 the State of New York there are certain
8 individuals who, by virtue of their commitment
9 and dedication, merit the respect and admiration
10 of their community for their exemplary
11 contributions and service on behalf of others;
12 and
13 "WHEREAS, This Legislative Body is
14 justly proud to commend Lou Matarazzo, retired
15 New York City police officer and former New York
16 City Patrolmen's Benevolent Association
17 president, for his tenacious advocacy on behalf
18 of law enforcement and public employees spanning
19 more than 50 years; and
20 "WHEREAS, To recognize his
21 illustrious service, the New York State
22 Association of PBAs established the Lou Matarazzo
23 Distinguished Service Award in his honor; he will
24 be saluted at a cocktail reception and awards
25 ceremony on Monday, March 5, 2018, at the
911
1 Cornerstone at the Plaza, Albany, New York; and
2 "WHEREAS, Lou Matarazzo served in
3 the New York City Police Department for more than
4 35 years, and for 32 of those years he was an
5 elected representative of the New York City PBA,
6 which represents more than 75,000 active and
7 retired NYPD police officers; and
8 "WHEREAS, In 1968, Lou Matarazzo was
9 elected PBA delegate, and in 1977, he was elected
10 to a full-time position with the PBA, the largest
11 police union in the United States; and
12 "WHEREAS, Over the subsequent 23
13 years, Lou Matarazzo held the position of
14 trustee, chairman of the board of trustees,
15 recording secretary, treasurer and president;
16 during his tenure, he served on numerous
17 labor-management committees, such as the rules,
18 the grievance, and the negotiating committees;
19 and
20 "WHEREAS, Furthermore, he cochaired
21 the police merger committee with then-
22 Commissioner William Bratton, to ensure a smooth
23 and successful merger of the New York City
24 Transit and New York City Housing Police
25 Department when they were merged into the NYPD;
912
1 and
2 "WHEREAS, From 1978 until his
3 retirement in 1998, Lou Matarazzo served on the
4 multi-billion-dollar Police Pension Board, which
5 is charged with the prime fiduciary
6 responsibility for police-related disabilities
7 and the investment and management of pension
8 funds; and
9 "WHEREAS, Lou Matarazzo is also on
10 the board of directors of COP-SHOT, the program
11 that offers cash rewards for information leading
12 to the arrest and conviction of anyone who shoots
13 or shoots at an NYPD police officer or officers
14 of various other departments, and served as
15 chairman of the New York State Public Employee
16 Conference of the State of New York, which has
17 hundreds of thousands of members; and
18 "WHEREAS, After retiring from the
19 NYPD, Lou Matarazzo became the legislative
20 director of the Detectives' Endowment
21 Association, Inc., the labor union of NYPD
22 detectives; today, he is also the legislative
23 director for the Captains' Endowment
24 Association, the Lieutenants' Benevolent
25 Association, and the New York State Public
913
1 Employee Conference; and
2 "WHEREAS, In his position as
3 legislative director, Lou Matarazzo played a key
4 role in the passage of laws that protect the
5 health and welfare benefits of municipal workers
6 who become ill due to their work related to the
7 World Trade Center attacks and rescue and
8 recovery efforts; and
9 "WHEREAS, A role model for
10 public-sector labor leaders, Lou Matarazzo was
11 appointed to the Governor's 9/11 Workers
12 Protection Task Force in 2006, which is
13 specifically charged with investigating and
14 recommending changes to the 9/11 disability
15 legislation, and serves as its vice-chairman; and
16 "WHEREAS, It is the sense of this
17 legislative body that those dedicated public
18 servants who unselfishly devote their lives to
19 the preservation of order and the protection of
20 others are worthy and due full praise for their
21 commitment and noble endeavors; and
22 "WHEREAS, It is the further sense of
23 this Legislative Body that those who enhance the
24 quality of life in their community, and have
25 shown a long and sustained commitment to the
914
1 maintenance of high standards in their
2 profession, certainly have earned the recognition
3 and applause of all the citizens of this great
4 Empire State; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body --
7 ACTING PRESIDENT AKSHAR: Excuse
8 me. Can I have some order in the house, please.
9 Thank you. Thank you.
10 THE SECRETARY: "Now, therefore, be
11 it resolved that this Legislative Body pause in
12 its deliberations to commend Lou Matarazzo for
13 his tenacious advocacy on behalf of law
14 enforcement and public employees spanning more
15 than 50 years; and be it further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted to
18 Lou Matarazzo."
19 ACTING PRESIDENT AKSHAR: Senator
20 Golden on the resolution.
21 SENATOR GOLDEN: Thank you,
22 Mr. President.
23 The gentleman we're honoring has
24 just walked into the room with many of his
25 entourage that he works with across this great
915
1 state in representing our law enforcement.
2 It's a rare occasion that we have
3 the opportunity to thank a public servant that
4 has served 50 years. What is more important is
5 that that person who we are honoring here today
6 has dealt with the challenges that have faced
7 this great state for the last 50 years.
8 Lou Matarazzo means not only a lot
9 to me, but a lot to law enforcement. He is a
10 leader. In fact, from the beginning Lou has been
11 recognized for his leadership abilities. Lou
12 served in the New York City Police Department, as
13 had been said in our proclamation, for 35 years,
14 of which 32 of those years he was elected
15 representative of the New York City PBA.
16 The New York City PBA represents
17 more than 75,000 active and retired members. Who
18 was electing Lou? Those very 75,000 members that
19 I speak of, the rank and file of the New York
20 City Police Department. Why did they trust Lou
21 to represent their needs in the city and in
22 Albany? Why? Because they respected him.
23 Respect is something that's in short supply these
24 days. Respect is something that is not given;
25 respect is earned.
916
1 And Lou, you earned it. Nobody has
2 worked harder to earn that respect than you,
3 Lou Matarazzo. His work on behalf of New York
4 City law enforcement as well as the state and at
5 the federal level has been recognized and will
6 continue to be recognized.
7 While his accomplishments are too
8 many and too numerous to list here today, I want
9 to talk a little bit about Lou and 9/11, his
10 contributions.
11 The entire nation pulled together in
12 the wake of those attacks on the Twin Towers, and
13 we'll never forget the almost 3,000 people that
14 perished, the 343 firemen and 37 police officers
15 and peace officers on top of that. And to this
16 very day, we're going to funerals of people that
17 died that were working in that pile from those
18 cancers.
19 Well, we pulled together and
20 Lou Matarazzo worked to make sure that New York
21 State did the right thing when it came to
22 protecting our first responders who spent that
23 day working on the pile and who have suffered
24 since.
25 However, where Lou continues to make
917
1 a difference was with the health and welfare
2 benefits for our workers who have become ill due
3 to their work in rescue and recovery at
4 Ground Zero. And as I said before, they need him
5 as much now as they did then. People are sick
6 this very day and people are dying this very day
7 of those cancers.
8 It was Lou's diligence and hard work
9 that made him the logical choice to be on the
10 Governor's 9/11 Workers Protection Task Force.
11 Nobody has worked harder to get to the bottom of
12 the issues surrounding the 9/11 disability
13 legislation, to make sure the program worked for
14 those who are sick. Nobody was there with more
15 facts or recommendations than Lou. It is his
16 tenacity that should be a model for all of us.
17 His devotion to the Thin Blue Line will never be
18 forgotten. We owe you thanks, Lou, a whole lot
19 of thanks.
20 So Lou, thank you for your 50 years
21 of service, and I look forward to working with
22 you, as do your colleagues, for the next
23 50 years -- as does the rank and file of the
24 State of New York, from NYPD to Montauk to
25 Buffalo. You've done a great job.
918
1 So I want to say to you, Lou -- and
2 you deserve this resolution from the State Senate
3 and from all of my colleagues -- God bless your
4 good wife, Fran, and your family -- and your son
5 John is with you today. God bless the NYPD for
6 the great work that you've done, but all of the
7 workers that you worked for across the board from
8 9/11, those who were uniformed and non-uniformed,
9 civilians that perished and are still sick this
10 very day.
11 God bless all the law enforcement
12 that's with you today, not just from the City of
13 New York but across this great state and
14 nationally. We have law enforcement on both
15 sides here today of this great, great podium.
16 And God bless this great nation.
17 Lou, thank you and God bless you for
18 all of the great work that you've done to make
19 this nation a better nation by remembering all of
20 those that perished in that attack on 9/11 and
21 for all those men and women that you worked with
22 as the PBA president, of which I was a member
23 under your leadership way back when. I don't
24 have 50 years, though, but I do have a lot of
25 service behind me.
919
1 God bless you again, Lou. Ladies
2 and gentlemen, if we can, please recognize a
3 great man, a great leader, somebody that has made
4 a difference for many, many people across this
5 city, state and nation.
6 (Extended standing ovation.)
7 ACTING PRESIDENT AKSHAR: Senator
8 Gallivan on the resolution.
9 SENATOR GALLIVAN: Thank you,
10 Mr. President.
11 I too rise to recognize and honor
12 Lou Matarazzo. There's no words left, though,
13 Senator Golden used all of them.
14 So I'll start back in the time when
15 I went on my first day in second grade to
16 St. Martins in Buffalo, New York. Lou was taking
17 an oath. And I think of the things -- you think
18 of 50 years in your life and all the things that
19 have taken place. And many of us -- although
20 some haven't reached 50, you think of what's
21 taken place in society and in New York State over
22 that time, and Lou has been there through all of
23 it.
24 So I simply -- my colleagues know my
25 background in law enforcement, as a former state
920
1 trooper and former sheriff of Erie County -- and
2 I also welcome the sheriffs of the state to the
3 chamber to help honor Lou. I have tremendous
4 respect for police officers. I always have -- my
5 father was a police officer, other members of my
6 family were -- and I always will. And I will
7 work to support them, to the extent that I can so
8 long as I'm honored to represent the 59th
9 District in the Senate.
10 So Lou, for the work that you did as
11 a police officer in protecting the citizens of
12 the streets of New York, thank you. And for the
13 work then that you continued in representing
14 those that were protecting others. When many
15 have retired and moved on, you've continued to do
16 it, and you continue to do it. And I thank you
17 for it, and I congratulate you for it.
18 I know I won't be here for 50 years
19 to work with you, but I sure hope I can work with
20 you for as long as I'm here. Congratulations.
21 ACTING PRESIDENT AKSHAR: Senator
22 Robach on the resolution.
23 SENATOR ROBACH: Yes,
24 Mr. President, let me thank Senator Golden for
25 bringing this forward.
921
1 I think anytime somebody does
2 anything for 50 years with passion, hard work and
3 dedication, it really is a cause for celebration
4 in any field. But in this one it's really
5 needed. As we say -- I'll be a little bit more
6 expeditious than Marty -- police protect people,
7 the men and women that work in law enforcement
8 protect people. Lou Matarazzo protects them.
9 And unfortunately in today's world, oftentimes
10 that's needed, you need a spokesperson.
11 And you've really done it for a long
12 time. You and your crew have gotten to know
13 everybody in this chamber. You put the best foot
14 forward, always have facts. And whenever we had
15 a question on anything that has to do with the
16 men and women of law enforcement, we could go to
17 you, Lou, and you would have a good answer for
18 us, a truthful answer, and the right answer.
19 So I'm happy to join with all my
20 colleagues and Senator Golden thanking you for
21 50 years of great service, really not only
22 helping your people, but making society better
23 and safer for all of our families.
24 Thank you.
25 ACTING PRESIDENT AKSHAR: Thank
922
1 you, Senator Robach.
2 Senator Savino.
3 SENATOR SAVINO: Thank you,
4 Mr. President.
5 I too want to rise and join my
6 colleagues in congratulating Lou Matarazzo on his
7 midway point in his career, 50 years. He's got
8 50 more ahead of him, we know that.
9 I met Lou not as a police officer,
10 obviously, but as a young union staffer out of
11 the Social Service Employees Union Local 371, and
12 I would attend Municipal Labor Committee
13 meetings. And that's where I first got to know
14 Lou, when he was still the president of the PBA,
15 and he was a force to be reckoned with then.
16 When he left there, his work did not
17 end. He took it into a broader area where he was
18 going to continue to advocate not just for the
19 men and women of law enforcement, but for public
20 employees all around this state. And the first
21 thing you will see when you get here is
22 Lou Matarazzo, and usually he's accompanied by
23 Bing -- Bing is here, I'm sure he's hiding back
24 there somewhere -- walking the halls, making sure
25 that they educate members about what is at stake
923
1 for working men and women, especially our first
2 responders.
3 We never would have gotten the 9/11
4 Commission had it not been for Lou Matarazzo.
5 There's so many pieces of legislation that the
6 people of this state depend on that Lou was the
7 driving force behind it.
8 So congratulations on the first 50
9 years of your career, Lou. I can't wait to see
10 what you do in the second half.
11 Thank you, Mr. President.
12 ACTING PRESIDENT AKSHAR: Thank
13 you, Senator Savino.
14 Lou, on behalf of a grateful state
15 and all the members of this great house, we say
16 thank you. You'll know what I mean by this: You
17 are truly a cop's cop. And today and every day
18 we extend all of the privileges and the
19 courtesies of this great house.
20 Ladies and gentlemen, one more round
21 of applause for Lou Matarazzo.
22 (Enthusiastic standing ovation.)
23 ACTING PRESIDENT AKSHAR: Senator
24 DeFrancisco.
25 SENATOR DeFRANCISCO: Yes, we have
924
1 a privileged resolution, 4047, by Senator
2 Alcantara. Please read the title only and call
3 on the Senator to speak.
4 ACTING PRESIDENT AKSHAR: Senator
5 DeFrancisco, it's my understanding that that
6 previous resolution is open for cosponsorship.
7 So if any member would like to cosponsor it, they
8 can see the desk.
9 Okay, the Secretary will read title
10 only.
11 THE SECRETARY: Legislative
12 Resolution Number 4047, by Senator Alcantara,
13 commending WXTV Univision 41 upon the occasion of
14 celebrating its 50th anniversary.
15 ACTING PRESIDENT AKSHAR: Senator
16 Alcantara.
17 SENATOR ALCANTARA: Thank you, sir.
18 This is the 50th anniversary of
19 Univision Television, a network that serves the
20 entire Latino community not only in the State of
21 New York but also in New Jersey and Connecticut.
22 Univision averages about 68,000
23 viewers every day, which is more viewers than any
24 other station in the State of New York regardless
25 of the language.
925
1 Univision was the first television
2 network in the United States to broadcast
3 programs in a language other than English for
4 most of the Latino community in New York that
5 rely on Univision to get the news, to get
6 information on their home country, and to stay
7 connected to the culture.
8 For me personally, it's an honor to
9 be a partner with Univision. My kid doesn't
10 speak Spanish well, and through Univision he gets
11 to practice and see the culture.
12 So I want to congratulate Univision
13 on their 50th anniversary, and thank you for
14 being here. Specifically, Angel Vazquez from
15 Univision is here. Thank you for this
16 resolution.
17 And on a different note, today is
18 the anniversary of the independence of the
19 Republic of Ghana, the first African republic to
20 be liberated from the British. So I want to
21 congratulate my Ghanaian brothers and sisters,
22 Afia Mensah and the rest of the Bronx delegation.
23 Thank you very much.
24 ACTING PRESIDENT AKSHAR: Thank
25 you, Senator Alcantara.
926
1 Seeing no other members wishing to
2 speak, the question is on the resolution. All in
3 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 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, can you
12 take up the noncontroversial reading of the
13 calendar.
14 ACTING PRESIDENT AKSHAR: That
15 resolution is also open for cosponsorship. If
16 anybody would like to be a cosponsor, please
17 notify the desk.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 238, by Senator LaValle, Senate Print 2552, an
21 act to amend the Education Law.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the first of July.
927
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT AKSHAR: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 249, by Senator Avella, Senate Print 1568, an act
11 to amend the Criminal Procedure Law.
12 ACTING PRESIDENT AKSHAR: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT AKSHAR: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT AKSHAR: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 301, by Senator Golden, Senate Print 5593, an act
24 to amend the Retirement and Social Security Law.
25 ACTING PRESIDENT AKSHAR: Read the
928
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT AKSHAR: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT AKSHAR: Announce
8 the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 323, substituted earlier by Member of the
14 Assembly Dinowitz, Assembly Print 9029, an act to
15 amend the Judiciary Law.
16 ACTING PRESIDENT AKSHAR: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT AKSHAR: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT AKSHAR: Announce
24 the results.
25 THE SECRETARY: Ayes, 60.
929
1 ACTING PRESIDENT AKSHAR: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 376, substituted earlier by Member of the
5 Assembly Rosenthal, Assembly Print 8781, an act
6 to amend the Public Health Law.
7 ACTING PRESIDENT AKSHAR: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT AKSHAR: Announce
15 the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT AKSHAR: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 417, by Senator Marcellino, Senate Print 1257, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 60th day.
930
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Announce
5 the results.
6 THE SECRETARY: Ayes, 59. Nays, 1.
7 Senator Funke recorded in the negative.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 419, by Senator Bonacic, Senate Print 2081, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT AKSHAR: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AKSHAR: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
931
1 422, by Senator Lanza, Senate Print 6302, an act
2 to enact.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT AKSHAR: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 424, by Senator Ortt, Senate Print 7595, an act
17 to amend the Highway Law.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Announce
932
1 the results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 466, by Senator Ritchie, Senate Print 759, an act
7 to amend the Penal Law.
8 ACTING PRESIDENT AKSHAR: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59. Nays, 1.
16 Senator Montgomery recorded in the negative.
17 ACTING PRESIDENT AKSHAR: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 468, by Senator Felder, Senate Print 1109, an act
21 to amend the Penal Law.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the first of November.
933
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Senator
5 Krueger to explain her vote.
6 SENATOR KRUEGER: Thank you,
7 Mr. President. I rise to explain my vote no on
8 this bill.
9 While I appreciate that there are
10 different reasons someone may desecrate a
11 cemetery, and in fact some of them may be
12 despicable acts that even could fall under hate
13 crimes, many of these cases are stupid young
14 people, teenagers. And with this bill, it takes
15 away state law allowing them to be charged with a
16 misdemeanor, because it removes even the under
17 $250 value of damage.
18 Which means if young people are
19 caught up in this activity, they would
20 automatically end up with a felony charge, having
21 to going to adult court, no opportunity to go to
22 youth court because of a misdemeanor.
23 So I appreciate that for many people
24 the concept of a cemetery being desecrated is a
25 violation of their sense of right and wrong and
934
1 religious belief. But I also think,
2 unfortunately, it's not that uncommon for foolish
3 young people to get involved in this kind of
4 minor activity. I'm not saying minor in the
5 sense of not outrageous, but to allow no
6 misdemeanor option in the State of New York for
7 anyone I think is wrong. So I'm voting no.
8 Thank you, Mr. President.
9 ACTING PRESIDENT AKSHAR: Senator
10 Krueger to be recorded in the negative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 468, those recorded in the negative are
14 Senators Krueger, Montgomery and Sanders.
15 Ayes, 57. Nays, 3.
16 ACTING PRESIDENT AKSHAR: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 470, by Senator Golden, Senate Print 1741, an act
20 to amend the Penal Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AKSHAR: Call the
935
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Senator
4 Montgomery, do you wish to explain your vote?
5 SENATOR MONTGOMERY: Yes,
6 Mr. President.
7 Senator Golden has introduced
8 legislation which would amend the Penal Law of
9 our state to increase the degree of unlawfully
10 fleeing a police officer.
11 We note that there already are
12 penalties for this activity, so this is simply a
13 sentencing bill. It only increases the penalty;
14 it does not, in fact, create the penalty.
15 So I am going to vote no on this --
16 not because I don't want people penalized, they
17 already are. It's just that this simply
18 increases it and is a sentencing bill.
19 So I vote no.
20 ACTING PRESIDENT AKSHAR: Senator
21 Montgomery, you'll be recorded in the negative.
22 Announce the result.
23 THE SECRETARY: In relation to
24 Calendar 470, those recorded in the negative are
25 Senators Montgomery, Parker and Sanders.
936
1 Ayes, 57. Nays, 3.
2 ACTING PRESIDENT AKSHAR: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 479, by Senator Hamilton, Senate Print 7571A, an
6 act to amend the Penal Law.
7 ACTING PRESIDENT AKSHAR: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT AKSHAR: Senator
15 Hamilton to explain his vote.
16 SENATOR HAMILTON: Mr. President, I
17 rise to underscore the significance of passing
18 this bill, the Benny Lyde's Law, in the Senate
19 today.
20 Benny Lyde was a young man who was
21 mentoring. And several years ago, my wife called
22 me, crying uncontrollably. And I couldn't
23 understand what she was saying, but she was
24 saying Benny was hurt, Benny was hurt.
25 Benny lived two houses away from me,
937
1 a young vibrant man. And as I came back to the
2 block, there were a lot of people outside, and
3 Benny Lyde was shot in the head.
4 Benny Lyde was an up-and-coming
5 young man in our community. He was only six
6 months away from graduating from Long Island
7 University. And Benny Lyde was shot and
8 grievously injured at 20 years old, and three
9 months later died at the age of 21.
10 And the irony and the tragedy of
11 this is that he was shot because he was mentoring
12 young boys and girls in the community and a young
13 man was jealous of what he was doing because he
14 was so popular.
15 No family should have to go through
16 the agony of what the Lyde family faced. But all
17 too often we must witness this horrific violence
18 that takes its toll on families in our
19 neighborhood.
20 That night when Benny Lyde was in
21 the hospital, shot in the head, I went to the
22 hospital. There were over 65 young people in the
23 lobby who wanted to see him. We didn't know
24 whether or not he was going to live through the
25 night or pass away, but that night we got all his
938
1 friends to come see him.
2 And if you ever saw a young man shot
3 in the head, it's the most horrific thing you
4 ever want to see.
5 Benny Lyde's Law would speak to the
6 perpetrators of these heinous crimes, those
7 criminals who would use a weapon to take the life
8 of a young person, to rob the family of a son or
9 daughter, and to grievously wound our community.
10 Because when a young man is shot, it's not just
11 the young man is shot, it's the family that's
12 shot. The fabric of the community is shot,
13 knowing that this young man's life was taken
14 senselessly before his time.
15 By moving to increase the penalties
16 for these senseless crimes, we say we recognize
17 violence against children and young people as
18 particularly cruel, particularly heinous and
19 deserving this additional five-year sanction.
20 When Benny Lyde was shot, my
21 children heard the gunshots. My children knew
22 Benny. And for the next two months my son kept
23 closing the windows to my house. And I couldn't
24 figure out why, when I came home, all the windows
25 were always closed.
939
1 And then I asked my son, "Who closed
2 the windows?" He said "I did, Daddy." I said,
3 "Son, what did you close the windows in the house
4 for? Why did you close all the windows?" He
5 said, "Because, Daddy, I'm afraid they might come
6 back and try to shoot you."
7 And so that's what we face
8 throughout the state, throughout the City of
9 New York. And I want to thank Benny Lyde's
10 family for their strength during difficult times,
11 because they had to pass the place where their
12 son lied in a pool of blood every day, and they
13 still stayed in our community.
14 We went to every PTA meeting, ever
15 precinct council meeting, every school board
16 meeting, any function we could go to, to catch
17 the murderer for Benny Lyde. It took us two and
18 a half years, but I was determined, as was our
19 community, to make sure this vigilante or this
20 terrorist was brought to justice.
21 So I just want to thank everyone for
22 voting for this bill. Crime in our communities
23 is too high and too many young people are dying
24 from gun violence in our city, in our state and
25 our nation. And I hope one day we can have bills
940
1 passed in New York State that will make sure that
2 guns are taken off the street, and especially
3 from those who have mental issues.
4 So, Mr. President, I rise to give
5 respect to a young man who I admired and who's no
6 longer with us. Thank you very much.
7 ACTING PRESIDENT AKSHAR: Senator
8 Hamilton, you will be recorded in the
9 affirmative.
10 Senator Benjamin to explain his
11 vote.
12 SENATOR BENJAMIN: Mr. President, I
13 rise to say that, first of all, it pains me to
14 hear Senator Hamilton speak about Benny Lyde and
15 what he meant for his family and his community.
16 And I share those concerns, because I have some
17 Benny Lydes in my community as well.
18 My concern with this bill is that
19 this bill goes way beyond helping the Benny Lydes
20 of the world. If this bill had said that we were
21 going to increase penalties as related to gun
22 usage and in specific cases that would prevent
23 that, I would be maybe okay with that. But what
24 this does is goes way beyond that and says that
25 if any young person under the age of 21 is sort
941
1 of harmed, that all of a sudden you are looking
2 at 10 to 30 years.
3 Well, let's talk about some of those
4 examples. There could be two young men, women,
5 18, 19 years old, maybe they're having a fight,
6 whatever is going on -- you know, teenagers, they
7 fight, things happen -- and someone gets harmed.
8 What this bill would allow for is an automatic
9 10 years in prison.
10 And, you know, I do feel for the
11 Benny Lydes of the world. I really am on board
12 and our conference has been on board with saying
13 let's get guns off the street. But let's not go
14 beyond and create a scenario where we are
15 creating more mass incarceration, in my opinion,
16 unnecessarily.
17 And so I cannot support this bill.
18 I do understand the concern about trying to make
19 sure we keep our young people safe, and I'm all
20 for that. But when we go beyond the scope and
21 create laws that in my opinion adds way more harm
22 than good, then I have to say no.
23 I vote no.
24 ACTING PRESIDENT AKSHAR: Senator
25 Benjamin to be recorded in the negative.
942
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 479, those recorded in the negative are
4 Senators Avella, Bailey, Benjamin, Comrie, Dilan,
5 Hoylman, Krueger, Montgomery, Parker, Persaud,
6 Rivera and Sanders.
7 Ayes, 48. Nays, 12.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 Senator DeFrancisco, that completes
11 the noncontroversial reading of the calendar.
12 SENATOR DeFRANCISCO: Yes, can you
13 now recognize Senator Gianaris for a very
14 important announcement.
15 ACTING PRESIDENT AKSHAR: Senator
16 Gianaris.
17 SENATOR GIANARIS: Thank you,
18 Mr. President.
19 It's not every day we get to
20 recognize on this floor someone who has been
21 compared in the papers to the great Michael
22 Jordan.
23 (Laughter.)
24 SENATOR GIANARIS: Even if it is
25 the person himself that made the comparison.
943
1 (Laughter.)
2 SENATOR GIANARIS: So would you
3 please join me in wishing Kevin Parker a happy
4 birthday today.
5 ACTING PRESIDENT AKSHAR: Senator
6 Parker, happy birthday.
7 (Applause.)
8 ACTING PRESIDENT AKSHAR: I'd ask
9 you to speak, but I know you'd go on too long.
10 (Laughter.)
11 ACTING PRESIDENT AKSHAR: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Is there any
14 further business at the desk?
15 ACTING PRESIDENT AKSHAR: There is
16 no further business at the desk.
17 SENATOR DeFRANCISCO: In honor of
18 Senator Parker's birthday, we will not have
19 session tomorrow.
20 (Applause, cheers.)
21 SENATOR DeFRANCISCO: Seriously,
22 because of the storm, session is going to be
23 canceled.
24 So I move to adjourn until Monday,
25 March 12th, at 12:00 noon.
944
1 ACTING PRESIDENT AKSHAR: On
2 motion, the Senate stands adjourned until Monday,
3 March 12th, at 12:00 noon.
4 Safe travels, everyone.
5 (Whereupon, at 4:42 p.m., the Senate
6 adjourned.)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25