Regular Session - February 1, 2016

                                                                   359

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 1, 2016

11                     3:23 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               360

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

 2                THE PRESIDENT:   The Senate will 

 3   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                THE PRESIDENT:   Today the Reverend 

10   Victor T. Hall is with us this afternoon to give 

11   the invocation.  He is the senior pastor of 

12   Calvary Baptist Church, in Jamaica.  

13                Reverend?  

14                REVEREND HALL:   Let us pray.

15                Dear God, our heavenly Father, in 

16   whom we live, move and have our very being, this 

17   is the day that You have made.  We rejoice and 

18   are glad in it.  

19                We thank You for this august body 

20   of men and women who deliberate in this room.  

21   Father, I lift them before Your throne of grace.  

22                I ask, O God, that You grant them 

23   courage, the same courage that you gave to young 

24   David when he stood before the giant Philistine.  

25   Give them that same courage that will not wince 


                                                               361

 1   and will not cower in the face of the giant task 

 2   before them.

 3                I ask, Father, that You give to 

 4   them that passion and pursuit of justice that 

 5   You gave to the eighth-century Hebrew prophets 

 6   and that You gave to Martin and Mandela.  May 

 7   they deliberate in justice, in truth, and in 

 8   righteousness.  

 9                And finally, Father, I ask that You 

10   give them that same spirit of love which was in 

11   Your holy server, Jesus Christ.  Help them to 

12   love each other, to love their neighbors, to 

13   love even their enemies.

14                We ask these blessings in the name 

15   of Your son, our savior, we pray.  

16                Amen.

17                THE PRESIDENT:   Thank you, 

18   Reverend.  

19                The reading of the Journal.

20                THE SECRETARY:   In Senate, Sunday, 

21   January 31st, the Senate met pursuant to 

22   adjournment.  The Journal of Saturday, 

23   January 30th, was read and approved.  On motion, 

24   Senate adjourned.

25                THE PRESIDENT:   Without objection, 


                                                               362

 1   the Journal stands approved as read.

 2                Presentation of petitions.

 3                Messages from the Assembly.

 4                Messages from the Governor.

 5                Reports of standing committees.

 6                Reports of select committees.

 7                Communications and reports from 

 8   state officers.

 9                Motions and resolutions.

10                Mr. Floor Leader.

11                SENATOR DeFRANCISCO:   Madam 

12   President, I move that the following bills be 

13   discharged from their respective committees and 

14   be recommitted with instructions to strike the 

15   enacting clause -- these are both Senator Golden 

16   bills -- Senate Prints 1456 and 2269.

17                THE PRESIDENT:   So ordered.

18                SENATOR DeFRANCISCO:   I also move 

19   that the following bill be discharged from its 

20   respective committee and be recommitted with 

21   instructions to strike the enacting clause.  

22   It's Senator DeFrancisco's bill -- it must be a 

23   terrific bill -- Senate Print 2932.

24                THE PRESIDENT:   So ordered.

25                SENATOR DeFRANCISCO:   Madam 


                                                               363

 1   President, I wish to call up Senator Griffo's 

 2   bill, Print Number 2722B, recalled from the 

 3   Assembly, which is now at the desk.

 4                THE PRESIDENT:   The Secretary will 

 5   read the title of the bill.

 6                THE SECRETARY:   Calendar Number 6, 

 7   by Senator Griffo, Senate Print 2722B, an act to 

 8   amend the Legislative Law.

 9                SENATOR DeFRANCISCO:   I now move to 

10   reconsider the vote by which the bill was passed.

11                THE PRESIDENT:   Call the roll on 

12   reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 45.

15                SENATOR DeFRANCISCO:   Madam 

16   President, I now offer the following amendments.

17                THE PRESIDENT:   The amendments are 

18   received, and the bill retains its place on the 

19   Third Reading Calendar.

20                SENATOR DeFRANCISCO:   Thank you.

21                I have one more, and that is I'd 

22   like to call up Senator Lanza's bill, Print 

23   Number 3709A, recalled from the Assembly, which 

24   is now at the desk.

25                THE PRESIDENT:   The Secretary will 


                                                               364

 1   read the title of the bill.

 2                THE SECRETARY:   Calendar Number 52, 

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

 4   amend the General Municipal Law.

 5                SENATOR DeFRANCISCO:   Madam 

 6   President, I now move to reconsider the vote by 

 7   which the bill was passed.

 8                THE PRESIDENT:   Call the roll on 

 9   reconsideration.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 45.

12                SENATOR DeFRANCISCO:   I now offer 

13   the following amendments.

14                THE PRESIDENT:   The amendments are 

15   received, and the bill retains its place on the 

16   Third Reading Calendar.

17                SENATOR DeFRANCISCO:   Thank you, 

18   Madam President.  

19                Would you now recognize Senator 

20   Gianaris.

21                THE PRESIDENT:   Senator Gianaris.

22                SENATOR GIANARIS:   Thank you, Madam 

23   President.  

24                I'm tempted to ask, if that 

25   aforementioned Senator DeFrancisco bill was so 


                                                               365

 1   great, why the enacting clause was stricken.  But 

 2   I'll spare us the explanation.

 3                (Laughter.)

 4                SENATOR GIANARIS:   Madam President, 

 5   I move that the following bills be discharged 

 6   from their respective committees and be 

 7   recommitted with instructions to strike the 

 8   enacting clause, on behalf of Senator Comrie:  

 9   Senate Bills 5465, 5555, and 6544.

10                THE PRESIDENT:   So ordered.

11                Mr. Floor Leader.

12                SENATOR DeFRANCISCO:   Madam 

13   President, there will be an immediate meeting of 

14   the Rules Committee in Room 332.

15                THE PRESIDENT:   Immediate meeting 

16   of the Rules Committee in Room 332 of the 

17   Capitol.

18                SENATOR DeFRANCISCO:   Thank you.

19                THE PRESIDENT:   The Senate will 

20   stand at ease.

21                (Whereupon, the Senate stood at ease 

22   at 3:29 p.m.)

23                (Whereupon, the Senate reconvened at 

24   3:46 p.m.)

25                ACTING PRESIDENT FUNKE:   The Senate 


                                                               366

 1   will come to order.

 2                Senator DeFrancisco.  

 3                SENATOR DeFRANCISCO:   Could we 

 4   please return to reports of standing committees 

 5   for a report of the Rules Committee.

 6                ACTING PRESIDENT FUNKE:   Reports of 

 7   standing committees.

 8                The Secretary will read.

 9                THE SECRETARY:   Senator Flanagan, 

10   from the Committee on Rules, reports the 

11   following bills:  

12                Senate Print 851, by Senator Klein, 

13   an act to amend the Social Services Law; 

14                Senate 5949A, by Senator Griffo, an 

15   act to amend the General Business Law; 

16                And Senate 6601, by Senator Seward, 

17   an act to amend the Insurance Law.  

18                All bills reported direct to third 

19   reading.

20                ACTING PRESIDENT FUNKE:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   I move to 

23   accept the report of the Rules Committee.

24                ACTING PRESIDENT FUNKE:   All in 

25   favor of accepting the report of the Rules 


                                                               367

 1   Committee signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT FUNKE:   Opposed, 

 4   nay.

 5                (No response.)

 6                ACTING PRESIDENT FUNKE:   The report 

 7   is accepted.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Can we now go 

10   to today's calendar and do the noncontroversial 

11   reading.

12                ACTING PRESIDENT FUNKE:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 46, 

15   by Senator Golden, Senate Print 1996, an act to 

16   amend the Public Officers Law.

17                ACTING PRESIDENT FUNKE:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT FUNKE:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT FUNKE:   Announce 

25   the result.


                                                               368

 1                THE SECRETARY:   In relation to 

 2   Calendar 46, those recorded in the negative are 

 3   Senators Hamilton, Hassell-Thompson, Hoylman, 

 4   Krueger, Montgomery, Parker, Perkins, Persaud, 

 5   Rivera and Squadron.

 6                Ayes, 51.  Nays, 10.

 7                ACTING PRESIDENT FUNKE:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 48, 

10   by Senator Lanza, Senate Print 3731A, an act to 

11   amend the Tax Law.

12                ACTING PRESIDENT FUNKE:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT FUNKE:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT FUNKE:   The bill 

21   is passed.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   That 

24   completes the noncontroversial reading?  

25                ACTING PRESIDENT FUNKE:   That does 


                                                               369

 1   complete the noncontroversial reading of the 

 2   calendar.

 3                SENATOR DeFRANCISCO:   Okay.  Can we 

 4   now go to Senate Supplemental Calendar Number 7A 

 5   and please do the noncontroversial reading.

 6                ACTING PRESIDENT FUNKE:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 84, 

 9   by Senator Klein, Senate Print 851, an act to 

10   amend the Social Services Law.

11                ACTING PRESIDENT FUNKE:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 180th day.

15                ACTING PRESIDENT FUNKE:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT FUNKE:   Senator 

19   Klein to explain his vote.

20                SENATOR KLEIN:   Thank you, 

21   Mr. President.

22                This is a common-sense approach to 

23   making sure that our families -- especially our 

24   children -- who are residing in family homeless 

25   shelters are protected from dangerous sexual 


                                                               370

 1   predators.  

 2                What this legislation does is 

 3   prohibits the placing of any Level 2 or Level 3 

 4   sex offender in any temporary emergency housing 

 5   or homeless shelter that houses families with 

 6   children.

 7                Unfortunately, I've passed this bill 

 8   probably for the last three years in the Senate, 

 9   and it hasn't been taken up by the Assembly.

10                Last year we found that there were 

11   11 dangerous sexual predators living in family 

12   shelters in New York City.  Most of these 

13   individuals were already convicted and served 

14   long sentences for actual sexual abuse of minors.

15                Unfortunately, even though I was 

16   assured last year by the mayor of the City of 

17   New York that they were going to take care of 

18   this problem, we found that five of the same 

19   dangerous sexual predators that were found living 

20   in these family shelters last year are still 

21   there this year.

22                So I think the only way we're 

23   finally going to fix this problem is to pass this 

24   legislation.

25                I do want to say a special thank you 


                                                               371

 1   to Senator Comrie.  We were together over the 

 2   summer at a shelter in his district, a family 

 3   shelter, that unfortunately housed dangerous 

 4   sexual predators.  Also Senator Peralta. 

 5                So this is a piece of legislation 

 6   which I think impacts us greatly if we're really 

 7   serious about making sure that dangerous sexual 

 8   predators aren't living in homeless shelters with 

 9   children.

10                I vote yes, Mr. President.

11                ACTING PRESIDENT FUNKE:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT FUNKE:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 85, 

17   by Senator Griffo, Senate Print 5949A, an act to 

18   amend the General Business Law.

19                SENATOR GIANARIS:   Lay it aside.  

20                ACTING PRESIDENT FUNKE:   The bill 

21   is laid aside.

22                THE SECRETARY:   Calendar Number 86, 

23   by Senator Seward, Senate Print 6601, an act to 

24   amend the Insurance Law.

25                ACTING PRESIDENT FUNKE:   Read the 


                                                               372

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

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

 4   same manner as a chapter of the Laws of 2015.

 5                ACTING PRESIDENT FUNKE:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT FUNKE:   The bill 

10   is passed.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   Could we now 

13   do the controversial reading of the supplemental 

14   calendar, please.

15                ACTING PRESIDENT FUNKE:   The 

16   Secretary will ring the bell.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 85, 

19   by Senator Griffo, Senate Print 5949A, an act to 

20   amend the General Business Law.

21                ACTING PRESIDENT FUNKE:   Senator 

22   Krueger to speak on the bill.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                I've been in budget hearings and I 


                                                               373

 1   haven't been here in a while, so it's nice to see 

 2   everyone.

 3                And I am standing here today to yet 

 4   again explain why I oppose New York State 

 5   legalizing commercial MMA.  There are parts of 

 6   this bill, as I have said in previous years, that 

 7   are an improvement.  I think the state must 

 8   regulate amateur bouts, and right now some of the 

 9   worst atrocities that go on go on in the amateur 

10   categories, where young children are 

11   participating, there are no standards for what 

12   fights are, and they take place all over the 

13   state.

14                But I continue to voice my objection 

15   to New York State choosing to legalize and 

16   endorse commercial MMA, or caged fighting.  

17   Research continues to come in that it's violent, 

18   dangerous, causes traumatic brain injury.  While 

19   we still don't have enough years to evaluate the 

20   long-term damage that is done to the fighters, 

21   it's irrefutable, through research, that they are 

22   doing severe damage to themselves and others in 

23   these caged fights because of the type of hits 

24   they give, they take, the chokeholds.  

25                And frankly, I continue to be 


                                                               374

 1   opposed to New York State approving, endorsing 

 2   this kind of violent behavior between people.  

 3   The message it sends to young people is wrong.  

 4   The message it sends to people about the 

 5   acceptance of violence in our culture is wrong.  

 6   The damage that is done is real.  I know we can't 

 7   legislate no one ever watching, because I can 

 8   turn on a TV and find mixed martial arts showing 

 9   in many other locations, from other locations on 

10   our TV sets.

11                What I was hoping was New York State 

12   could be the perhaps one rational state, as other 

13   states realized they had made mistakes and 

14   reversed themselves.  I don't think that's going 

15   to happen.  I'm going to lose this vote today, 

16   and perhaps this year we'll finally get this bill 

17   passed in both houses and signed, although I hope 

18   not.

19                I hope not because I'm perfectly 

20   happy to stand here year in, year out, pointing 

21   out the facts to the people of New York State and 

22   to my colleagues that this is a brutal and 

23   dangerous sport that sends the wrong messages to 

24   our young people, our teenagers, that the 

25   athletes participating, as much as they may 


                                                               375

 1   believe these are great jobs for themselves, are 

 2   not necessarily educated about the long-term 

 3   damage they're doing to themselves.  I don't 

 4   believe that the insurance package included in 

 5   this bill will in any way be adequate to address 

 6   the health issues of fighters down the line.  

 7                I guess I hope that if we finally 

 8   get a bill passed, we can turn to our State 

 9   Athletic Association and urge them to be very, 

10   very, very restrictive and cautious about what 

11   they do allow to happen in New York State.  

12                I would prefer that we not legalize.  

13   But if we do, I am going to hold the State 

14   Athletic Association accountable for hopefully 

15   having the most protective and restrictive 

16   regulations in this country to ensure less damage 

17   from MMA when it comes to our shores.  

18                I vote no.  Thank you, 

19   Mr. President.  

20                ACTING PRESIDENT FUNKE:   Thank you, 

21   Senator Krueger.

22                Senator Hoylman on the bill.

23                SENATOR HOYLMAN:   Thank you, 

24   Mr. President.  On the bill.

25                I concur with my colleague.  You 


                                                               376

 1   know, this bill has been to the floor so many 

 2   times, I feel like we've been beaten into 

 3   submission, which I guess is a misplaced 

 4   metaphor, but apt on some level, given what we're 

 5   discussing.

 6                You know, there are a number of 

 7   reasons why we should be scrutinizing this bill 

 8   very closely.  The concerns about the message it 

 9   sends to our population, the concerns about the 

10   way the UFC, the major organizing entity, has 

11   depicted some members of our community in their 

12   advertising and marketing.

13                But I'm going to focus on the fact 

14   that we still don't have adequate protections for 

15   the MMA fighters.  It's something I've been 

16   speaking about for a number of years.  We have an 

17   injury compensation fund for horse jockeys, but 

18   we don't have it for MMA fighters.  And the 

19   science I think would show that you're more 

20   likely to get injured in a UFC ring than riding a 

21   horse.  

22                But I'll also say that there's a big 

23   Hollywood movie out about the issue I'm most 

24   concerned about:  CTE, the brain injuries caused 

25   by mixed martial arts and other sports.  And the 


                                                               377

 1   movie, starring Will Smith -- maybe you've seen 

 2   it -- tells the story of a physician who found 

 3   that the NFL for decades covered up the impact of 

 4   CTE on NFL players.  And that resulted in a 

 5   $1 billion settlement very recently among NFL 

 6   players, their family members and loved ones.

 7                And I hope that the UFC understands 

 8   that they're going into this business with their 

 9   eyes wide open.  We know what the impact of CTE 

10   is on -- we know that it can cause dementia, 

11   Alzheimer's, Parkinson's disease, and other 

12   neurological conditions.  We know that a study by 

13   the American Journal of Sports Medicine showed 

14   that knockouts during MMA fights result in a 

15   higher rate of brain trauma than knockouts in 

16   similar sports.  And a separate study we know 

17   shows that MMA fighters -- the correlation 

18   between the number of years fighting and reduced 

19   brain functionality.

20                So we don't have the excuse that the 

21   NFL had in making certain that the participants 

22   of mixed martial arts are protected.  So while I 

23   appreciate the fact that the bill has been 

24   modified to include a study, and there is more 

25   money available for certain health protections, 


                                                               378

 1   that's only when the fighter's actually in the 

 2   ring.  I'm concerned, Mr. President, about years 

 3   later, when the fighter will show -- as the 

 4   studies have shown -- the impact of CTE in what 

 5   he or she does at that point.

 6                I'll close on this.  Just last week 

 7   an autopsy performed on a former New York Giants 

 8   safety, Tyler Sash, confirmed that he was 

 9   suffering from CTE at the time of his death at 

10   age 27 -- 27 -- due to an accidental overdose of 

11   pain medication.

12                We're seeing this in more and more 

13   sports.  I think we should, Mr. President, be 

14   amending this bill to lay the framework -- if 

15   we're going to legalize professional mixed 

16   martial arts, we should have an injury 

17   compensation fund to make certain that the 

18   fighters are well cared for and looked after 

19   years after they retire from the ring.

20                So I'll be voting in the negative.  

21   Thank you.

22                ACTING PRESIDENT FUNKE:   Senators 

23   Hoylman and Krueger to be recorded in the 

24   negative.

25                Senator Kennedy.


                                                               379

 1                SENATOR KENNEDY:   Thank you, 

 2   Mr. President.  

 3                I stand in support of this bill 

 4   today.  I want to thank the bill's sponsor for 

 5   moving this once again in a very expeditious 

 6   manner through the process on this side of the 

 7   chamber.  I think it's extremely important that 

 8   we get out in front of this.  

 9                This is a sport where some of the 

10   best athletes in the entire world take part.  

11   They take part everywhere in the United States.  

12   Forty-nine states in this great nation have mixed 

13   martial arts legalized and regulated.  Canada has 

14   it legalized and regulated.  Mexico, legalized 

15   and regulated.  New York State is the only place 

16   in the entire nation -- I'm sorry, in North 

17   America, New York State is the only place in 

18   North America where mixed martial arts is not 

19   legal and regulated.

20                That has to change.  And the message 

21   that we're sending today does just that.  It 

22   begins to move this in the right direction once 

23   again.  

24                Time after time we hear these 

25   compelling arguments about the economic impact 


                                                               380

 1   that legalizing and regulating mixed martial arts 

 2   will have in the State of New York.  And those 

 3   numbers are profound.  Tens of millions of 

 4   dollars, in particular, pouring into upstate 

 5   New York, into Buffalo, Rochester, Syracuse, 

 6   Albany and everywhere in between.  And of course 

 7   New York City.  

 8                People pouring across the borders 

 9   from other states, other countries, by the tens 

10   of thousands to attend these events, bringing 

11   with them that economic activity that we are all 

12   working to enhance here in the State of New York.  

13   Filling our bars, filling our restaurants, 

14   filling our hotels, filling our sports arenas.  

15   Selling them out one after another, putting 

16   New York State on the center of the map across 

17   the globe.  

18                I'd love to attend a legal, 

19   regulated mixed martial arts event at First 

20   Niagara Center.  I know that it will bring in 

21   tens of thousands of people into the great City 

22   of Buffalo.  I know that it will pour millions of 

23   dollars into the local economy.  And right now 

24   we're missing out, and that has to change.

25                I think one of the most compelling 


                                                               381

 1   arguments that I've seen thus far, in the five 

 2   years that we've voted on this since I've been 

 3   here -- this being the sixth since I've been 

 4   here, and I know that this is the seventh year in 

 5   a row -- one of the most compelling arguments 

 6   I've seen was last week from Chris Weidman, a 

 7   New Yorker, a Long Island resident, and a UFC 

 8   mixed martial arts champion.  Here's a guy, a 

 9   world-class athlete at the top of his game, and 

10   he can't fight for the crown in the Empire State, 

11   the great State of New York?  That is 

12   unconscionable.  That needs to change.  

13                We want to see Chris Weidman fight 

14   in the State of New York, we want to see people 

15   like Ronda Rousey, who's come back here over and 

16   over again, fight back here in the State of 

17   New York.  Holly Home, we want to see her fight.  

18   The great Tim Kennedy -- 

19                (Laughter.)

20                SENATOR KENNEDY:   The fighter Tim 

21   Kennedy.  We want to see the fighter, UFC fighter 

22   Tim Kennedy.  I don't know what's so funny about 

23   that.

24                (Laughter.)

25                SENATOR KENNEDY:   Mr. President, 


                                                               382

 1   I'm honored to stand on this floor and support 

 2   such an idea that, to me, makes more sense, 

 3   figuratively and literally, than any other bill 

 4   focused on economic development that we've 

 5   championed thus far this year and over the course 

 6   of the last several years.  To me, this is a 

 7   no-brainer, and it needs to move forward.

 8                I vote aye.

 9                ACTING PRESIDENT FUNKE:   Thank you, 

10   Senator Kennedy.

11                Senator Sanders on the bill.

12                SENATOR SANDERS:   Thank you, sir.

13                Mr. President, I have previously 

14   been against this bill for many of the reasons 

15   that my esteemed colleague Senator Hoylman has 

16   mentioned.  And I do believe that the arguments 

17   and proposals that the Senator has raised are 

18   quite profound and we would do well to make sure 

19   that they are incorporated.  I think that the 

20   safety provisions and the funds that he has 

21   spoken of bringing together would do not just the 

22   state but the fighters a world of good.

23                But I'm also thinking that this 

24   sport is taking place in the shadows right now, 

25   that it's not being regulated, that there are 


                                                               383

 1   people doing this all over.  And there's no talk 

 2   of regulations and there's no talk of helping 

 3   them.  

 4                And I'm hoping that perhaps if we 

 5   can regulate this sport, if we can talk about 

 6   paddings and helmets and things that should be 

 7   taking place, we can do something better for 

 8   them.  The argument that, A, that this is taking 

 9   place already and that New York State is the only 

10   state in the Union that is not doing this, I must 

11   admit is compelling to me.  It is perhaps with a 

12   heavy heart that I'm going to agree that we 

13   should do these things, but agree we must.

14                Thank you.  I'm going to vote yes on 

15   this issue.

16                ACTING PRESIDENT FUNKE:   Thank you, 

17   Senator Sanders.

18                Are there any other members wishing 

19   to be heard?

20                Seeing none, debate is closed.  The 

21   Secretary will ring the bell.

22                Read the last section.

23                THE SECRETARY:   Section 11.  This 

24   act shall take effect on the first day of the 

25   first month next succeeding the 120th day after 


                                                               384

 1   it shall have become a law.

 2                ACTING PRESIDENT FUNKE:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT FUNKE:   Senator 

 6   Griffo to explain his vote.

 7                SENATOR GRIFFO:   Thank you, 

 8   Mr. President.  

 9                I respect different perspectives 

10   that have been voiced here today, and I want to 

11   extend my appreciation for all those who are 

12   supporting the bill this year, the seventh time 

13   that this has come before this house.  And we 

14   continue to grow the support, not only in this 

15   chamber, but across the State of New York.

16                I think the importance of this bill, 

17   though, is not only the economic benefit that the 

18   State of New York and communities across the 

19   state will receive, and also the opportunity for 

20   athletes to participate in their own state, but 

21   beyond that, this bill has become a better bill 

22   in a lot of ways.  It not only makes necessary 

23   improvements for protections, both from 

24   healthcare and medical supervision, but it also 

25   codifies additional sports.  We have not changed 


                                                               385

 1   some of the statutes relative to boxing in this 

 2   state since 1920.

 3                So in this bill there are a number 

 4   of things to regulate the mixed martial arts, the 

 5   boxing profession.  And I think as a result of 

 6   everything put in here, giving to the New York 

 7   State Athletic Commission that opportunity to 

 8   regulate -- and we believe and have confidence in 

 9   the athletic commission -- that we will be a 

10   state where the participants and the spectators 

11   will have a safe experience, a better experience, 

12   because of all the provisions in this bill.

13                I am hopeful that the Assembly 

14   Speaker will allow this bill to come up for a 

15   vote this year.  I think it deserves that in that 

16   chamber after seven years, and I am hopeful we 

17   will see that vote.  I appreciate that the 

18   Governor has recognized this significance and has 

19   joined in now to support this effort through 

20   inclusion in the budget.  

21                So again, to all of you, thank you 

22   for your support.  And hopefully this fall we 

23   will see the first -- we will see activity across 

24   the state, but I think this fall in New York 

25   City, in Madison Square Garden, you may get that 


                                                               386

 1   premier match, the mecca of all sports.  

 2                And I want to again thank everyone 

 3   for their support here today, particularly those 

 4   who have turned around to see the improvements 

 5   that have been made and what this can mean to the 

 6   State of New York.  

 7                I will be voting aye, Mr. President.

 8                ACTING PRESIDENT FUNKE:   Senator 

 9   Griffo to be recorded in the affirmative.

10                Announce the result.

11                THE SECRETARY:   In relation to 

12   Calendar 85, those recorded in the negative are 

13   Senators Bonacic, Breslin, Díaz, Felder, Hoylman, 

14   Krueger, Lanza, Larkin, LaValle, Marcellino, 

15   Montgomery, Perkins, Savino and Young.

16                Ayes, 48.  Nays, 14.

17                ACTING PRESIDENT FUNKE:   The bill 

18   is passed.

19                Senator DeFrancisco, that completes 

20   the controversial reading of the supplemental 

21   calendar.

22                SENATOR DeFRANCISCO:   Is there any 

23   further business at the desk?

24                ACTING PRESIDENT FUNKE:   There is 

25   not.


                                                               387

 1                SENATOR DeFRANCISCO:   That being 

 2   the case, we are adjourned until Tuesday, 

 3   February 2nd, at 11:00 a.m.

 4                ACTING PRESIDENT FUNKE:   On motion, 

 5   the Senate stands adjourned until Tuesday, 

 6   February 2nd, at 11:00 a.m.

 7                (Whereupon, at 4:13 p.m., the Senate 

 8   adjourned.)

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25