Regular Session - January 26, 2016

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 26, 2016

11                     11:24 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PHIL M. BOYLE, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

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 1               P R O C E E D I N G S

 2                ACTING PRESIDENT BOYLE:   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 BOYLE:   In the 

10   absence of clergy, may we please bow our heads 

11   for a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT BOYLE:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   January 25th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, 

19   January 24th, was read and approved.  On motion, 

20   Senate adjourned.

21                ACTING PRESIDENT BOYLE:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


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 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, 

 8   Mr. President.  I move to amend Senate Bill 

 9   Number 5949B by striking out the amendments made 

10   on January 21 and restoring it to its previous 

11   print number, 5949A.  And that's for Senator 

12   Griffo.

13                ACTING PRESIDENT BOYLE:   So 

14   ordered.

15                SENATOR DeFRANCISCO:   Thank you.

16                Can we now have the 

17   noncontroversial -- excuse me, I forgot the 

18   Resolution Calendar.  One second.  (Pause.)  

19                All right, thank you.  Now could we 

20   please adopt the Resolution Calendar in its 

21   entirety, except for -- nothing.  Except for 

22   nothing.  Move to adopt the entire calendar.

23                ACTING PRESIDENT BOYLE:   All in 

24   favor of adopting the Resolution Calendar 

25   signify by saying aye.  


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 1                (Response of "Aye.")

 2                ACTING PRESIDENT BOYLE:   Opposed, 

 3   nay.

 4                (No response.)

 5                ACTING PRESIDENT BOYLE:   The 

 6   Resolution Calendar is adopted.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   All right.  

 9   Now I believe there is a privileged resolution 

10   previously adopted, by Senator Amedore -- that's 

11   Number 3244 -- at the desk.  I ask that it be 

12   read in its entirety and to call on 

13   Senator Amedore.

14                ACTING PRESIDENT BOYLE:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 3244, by Senator Amedore, 

18   memorializing Governor Andrew M. Cuomo to 

19   proclaim January 31, 2016, as Omphalocele 

20   Awareness Day in the State of New York, in 

21   conjunction with the observance of National 

22   Omphalocele Awareness Day.

23                "WHEREAS, It is the custom of this 

24   Legislative Body to recognize official days that 

25   are set aside to increase awareness of serious 


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 1   health issues that affect the lives of citizens 

 2   of New York State; and 

 3                "WHEREAS, Attendant to such concern, 

 4   and in full accord with its long-standing  

 5   traditions, it is the sense of this Legislative 

 6   Body to memorialize Governor Andrew M. Cuomo to 

 7   proclaim January 31, 2016, as Omphalocele  

 8   Awareness Day in the State of New York, in 

 9   conjunction with the observance of National 

10   Omphalocele Awareness Day as part of the Birth 

11   Defects Prevention Month; and 

12                "WHEREAS, An omphalocele is a birth 

13   defect that occurs early in pregnancy in which 

14   the abdominal wall does not close properly and  

15   some or most of the abdominal organs protrude on 

16   the outside of the fetus' body through the 

17   umbilical cord; and 

18                "WHEREAS, It is estimated that a 

19   small omphalocele occurs in about 1 out of every 

20   5,000 pregnancies, and a large or giant 

21   omphalocele occurs in about 1 out of every 10,000 

22   pregnancies; and 

23                "WHEREAS, An omphalocele may be 

24   isolated or may be associated with other defects 

25   or chromosomal abnormalities; and 


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 1                "WHEREAS, Despite the challenges a 

 2   baby born with an omphalocele may face, many 

 3   babies who are born with an omphalocele survive 

 4   and go on to live happy, healthy lives; and 

 5                "WHEREAS, Mothers of Omphaloceles 

 6   (MOO) is a group of over 1,400 parents from 

 7   around the world that was created to provide 

 8   hope, support and information to families with 

 9   babies diagnosed with an omphalocele; and 

10                "WHEREAS, It is the sense of this 

11   Legislative Body to recognize MOO for their 

12   courageous efforts to advocate for their children 

13   and raise awareness that an omphalocele is a 

14   treatable condition; and 

15                "WHEREAS, It is imperative that 

16   there be greater public awareness of this serious 

17   health issue, and more must be done to increase 

18   activity at the state, local and national levels 

19   to support the patients, as well as their 

20   families; now, therefore, be it 

21                "RESOLVED, That this Legislative 

22   Body pause in its deliberations to memorialize 

23   Governor Andrew M. Cuomo to proclaim January 31, 

24   2016, as Omphalocele Awareness Day in the State 

25   of New York, in conjunction with the observance 


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 1   of National Omphalocele Awareness Day; and be it 

 2   further 

 3                "RESOLVED, That copies of this  

 4   resolution, suitably engrossed, be transmitted  

 5   to the Honorable Andrew M. Cuomo, Governor of the 

 6   State of New York, and Mothers of Omphaloceles."

 7                ACTING PRESIDENT BOYLE:   Senator 

 8   Amedore.

 9                SENATOR AMEDORE:   Well, thank you, 

10   Mr. President.  

11                And today I am pleased to introduce 

12   to this chamber a champion, who is a mighty 

13   champion because she is three years old, and 

14   Reegan Crawford is one that has been diagnosed 

15   with omphalocele when she was born.  And that is, 

16   as we just heard, literally having some of your 

17   organs -- your intestines, liver -- kind of 

18   outside of your body.

19                But through the advancements of 

20   medicine and our great physicians we have, there 

21   are cures.  And we can announce today that along 

22   with Reegan Crawford are her dad, Jacob; her mom, 

23   Kellen; and her one-year-old sister, Delaney, 

24   along with the MOOs up in the gallery.  

25                And the MOOs are Moms of 


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 1   Omphaloceles, fighting for the awareness and 

 2   making sure that we all are aware of this 

 3   disease, because it does happen in births.  And 

 4   we can make sure that we are aware of this and do 

 5   everything we can to help fight this scary 

 6   diagnosis and disease for our future generations.

 7                So to the Crawfords, thank you so 

 8   much for your mighty endeavor and continuing your 

 9   advocacy.  

10                And to all the MOOs up in the 

11   gallery, thank you for your travels here and for 

12   your support.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT BOYLE:   Thank you, 

15   Senator.  

16                (Applause.)

17                ACTING PRESIDENT BOYLE:   Floor 

18   Leader.  

19                SENATOR DeFRANCISCO:    

20   Mr. President, would you now recognize Senator 

21   Stavisky.

22                ACTING PRESIDENT BOYLE:   Senator 

23   Stavisky.

24                SENATOR STAVISKY:   Thank you, 

25   Mr. President.  


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 1                Very briefly, I too want to commend 

 2   the Crawford family.  I've known Jake Crawford 

 3   from his days when he was a student -- in fact, 

 4   Student President at SUNY Albany.  And he has 

 5   shown tremendous leadership on this issue, which 

 6   I'd like to think he learned from his days 

 7   working in the State Senate.  

 8                We lead by example.  And I know the 

 9   Crawford family has been through difficult times, 

10   but I congratulate them on helping other people, 

11   because that is what we do.

12                Thank you very much.

13                ACTING PRESIDENT BOYLE:   Thank you, 

14   Senator.

15                Floor Leader.

16                SENATOR DeFRANCISCO:   Would you now 

17   take up the noncontroversial reading of the 

18   calendar.

19                ACTING PRESIDENT BOYLE:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 18, 

22   by Senator Martins, Senate Print 6387, an act to 

23   amend the State Finance Law.

24                ACTING PRESIDENT BOYLE:   Read the 

25   last section.


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 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BOYLE:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BOYLE:   Announce 

 7   the result.

 8                THE SECRETARY:   Ayes, 46.

 9                ACTING PRESIDENT BOYLE:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 23, 

12   by Senator Little, Senate Print 6392, an act to 

13   amend the Insurance Law.

14                ACTING PRESIDENT BOYLE:   Read the 

15   last section.

16                THE SECRETARY:   Section 6.  This 

17   act shall take effect on the same date and in the 

18   same manner as Chapter 536 of the Laws of 2015.

19                ACTING PRESIDENT BOYLE:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BOYLE:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 46.

25                ACTING PRESIDENT BOYLE:   The bill 


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 1   is passed.

 2                THE SECRETARY:   Calendar Number 52, 

 3   by Senator Lanza, Senate Print 3709A, an act to 

 4   amend the General Municipal Law.

 5                ACTING PRESIDENT BOYLE:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BOYLE:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BOYLE:   Senator 

13   Golden to explain your vote.

14                SENATOR GOLDEN:   On the bill, thank 

15   you, sir.  

16                Without this property tax cap, in 

17   New York City the property tax levy rose 

18   7.7 percent in 2014.  Property taxes increased by 

19   6.3 percent in the last two years, and 

20   conservative estimates see them further 

21   increasing by an average of over 6 percent each 

22   for the next three years.  

23                In the city fiscal year 2019, the 

24   city will collect $27 billion in property taxes, 

25   $4.5 billion more than the city currently 


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 1   receives and at least $4 billion more than if 

 2   New York City had been subject to the provisions 

 3   of the cap.  

 4                This bill means at least $1,000 more 

 5   per year per each residential homeowner if these 

 6   taxes were capped.

 7                New York businesses will get hit 

 8   with another $3.5 billion more in property taxes 

 9   without the cap.  Rising property taxes are the 

10   biggest impediment to economic growth in the 

11   city.  The cap provides certainty for investment 

12   and growth in New York City and will help keep us 

13   more competitive with our neighboring states.  

14                If we look at what's going on today 

15   with the Governor trying to -- going after 

16   Medicare $200 million this year, CUNY 

17   $400 million plus -- almost a billion dollars 

18   that the state is trying to claw back.  And if 

19   you look at the clawbacks over the next two to 

20   three years, it goes up to $2 billion to 

21   $3 billion.  That means the state is taking this 

22   money back and giving it out across the state.  

23                This money belongs in the taxpayers' 

24   pockets in the City of New York.  And if we'd put 

25   that money in the taxpayers of the City of 


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 1   New York and give them the edge that they need to 

 2   be able to stay and live and raise their families 

 3   in the greatest city and the greatest nation in 

 4   the world, that's what they deserve, and nothing 

 5   less.  

 6                I will be voting yes, sir.

 7                ACTING PRESIDENT BOYLE:   Senator 

 8   Golden in the affirmative.  

 9                Seeing no other Senators wishing to 

10   speak, announce the result.

11                THE SECRETARY:   In relation to 

12   Calendar 52, those recorded in the negative are 

13   Senators Breslin, Comrie, Gianaris, Hamilton, 

14   Hassell-Thompson, Parker, Peralta, Sanders, 

15   Serrano and Squadron.

16                Ayes, 38.  Nays, 10.

17                ACTING PRESIDENT BOYLE:   The bill 

18   is passed.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, 

21   Mr. President.  I'd just like to acknowledge a 

22   former colleague that's in the chamber disrupting 

23   the proceedings here --

24                (Laughter.)

25                SENATOR DeFRANCISCO:   -- former 


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 1   Senator Byron Brown, now mayor of the City of 

 2   Buffalo.

 3                ACTING PRESIDENT BOYLE:   Welcome, 

 4   Mr. Mayor.

 5                (Applause.)

 6                ACTING PRESIDENT BOYLE:   Floor 

 7   Leader, that completes the noncontroversial 

 8   reading of the calendar.

 9                SENATOR DeFRANCISCO:   Is there any 

10   further business at the desk?  (Pause.)  

11                I believe there's more business at 

12   the desk.  We should return to motions and 

13   resolutions.

14                ACTING PRESIDENT BOYLE:   Motions 

15   and resolutions.

16                SENATOR DeFRANCISCO:   And we would 

17   like to indicate that Senator Amedore's 

18   previously adopted resolution that he discussed 

19   today should be opened up to all members of this 

20   body.  And if you do not want to cosponsor it, 

21   please notify the desk.  Otherwise, you'll be on.

22                ACTING PRESIDENT BOYLE:   The 

23   resolution is open for cosponsorship.  If you do 

24   not wish to cosponsor Senator Amedore's 

25   resolution, please notify the desk.


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 1                Senator DeFrancisco.  

 2                SENATOR DeFRANCISCO:   And now is 

 3   there any further business at the desk?  

 4                ACTING PRESIDENT BOYLE:   No further 

 5   business.

 6                SENATOR DeFRANCISCO:   That being 

 7   the case, we will now adjourn until Monday, 

 8   February 1st, at 3:00 p.m., intervening days 

 9   being legislative days.

10                ACTING PRESIDENT BOYLE:   On motion, 

11   the Senate stands adjourned until Monday, 

12   February 1st, at 3:00 p.m., intervening days 

13   being legislative days.

14                (Whereupon, at 11:38 a.m., the 

15   Senate adjourned.)

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