Regular Session - March 7, 2016

                                                                   809

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 7, 2016

11                     3:20 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               810

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask everyone present to 

11   please bow your heads in a moment of silent 

12   prayer and reflection.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   March 6th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   March 5th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               811

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports of state 

 6   officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, 

10   Mr. President, on page 25 I offer the following 

11   amendments to Calendar 247, Senate Print Number 

12   4909, by Senator Croci, and ask that said bill 

13   retain its place on the Third Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received, and the bill shall 

16   retain its place on third reading.

17                SENATOR DeFRANCISCO:   Would you 

18   please recognize Senator Valesky.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Valesky.

21                SENATOR VALESKY:   Thank you, 

22   Mr. President.

23                On behalf of Senator Savino, on 

24   page 23 I offer the following amendments to 

25   Calendar Number 217, Senate Bill 3243, and ask 


                                                               812

 1   that said bill retain its place on the 

 2   Third Reading Calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on third reading.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Please 

 8   recognize Senator Gianaris.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Gianaris.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.  

13                On behalf of Senator Panepinto, I 

14   move the following bill be discharged from its 

15   respective committee and be recommitted with 

16   instructions to strike the enacting clause:  

17   Senate Bill 6551.

18                ACTING PRESIDENT GRIFFO:   It is so 

19   ordered.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Yes, there 

22   will be an immediate -- emphasized, immediate -- 

23   meeting of the Rules Committee off the floor in 

24   Room 332 of the Capitol.  And please, everyone, 

25   go directly there so we don't keep everyone 


                                                               813

 1   waiting.  Thank you.

 2                ACTING PRESIDENT GRIFFO:   There is 

 3   an immediate meeting of the Rules Committee in 

 4   Room 332, an immediate meeting of the Rules 

 5   Committee in Room 332.  

 6                The Senate will stand at ease.

 7                (Whereupon, the Senate stood at ease 

 8   at 3:23 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   3:37 p.m.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will come to order.  

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   please return to reports of standing committees.  

16   I believe there's a report of the Rules Committee 

17   at the desk.

18                ACTING PRESIDENT GRIFFO:   There is 

19   a Rules Committee report before the desk, and the 

20   Secretary will read.

21                THE SECRETARY:   Senator Flanagan, 

22   from the Committee on Rules, reports the 

23   following bills:  

24                Senate Print 6747A, by Senator 

25   Avella, an act to amend the Education Law; 


                                                               814

 1                Senate 6854, by Senator LaValle, an 

 2   act to amend the Education Law; and 

 3                Senate 6914, by Senator Funke, an 

 4   act to amend Part SS of Chapter 58 of the Laws of 

 5   2015.  

 6                All bills reported direct to third 

 7   reading.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   I move to 

11   accept the report of the Rules Committee.

12                ACTING PRESIDENT GRIFFO:   All in 

13   favor of accepting the Committee on Rules report 

14   signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT GRIFFO:   Opposed?  

17                (No response.)

18                ACTING PRESIDENT GRIFFO:   The Rules 

19   Committee report is accepted.

20                SENATOR DeFRANCISCO:   Could you now 

21   take up the noncontroversial reading of the 

22   calendar.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read the active list, 

25   noncontroversial reading.


                                                               815

 1                THE SECRETARY:   Calendar Number 

 2   101, by Senator Ranzenhofer, Senate Print 2583, 

 3   an act to amend the Not-For-Profit Corporation 

 4   Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   121, by Senator Marchione, Senate Print 6431, an 

17   act to amend the Real Property Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               816

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Hang on a minute.  Hang on.  We were 

 4   on Calendar Number 121.  

 5                The Secretary will reannounce.

 6                THE SECRETARY:   In relation to 

 7   Calendar 121:  Ayes, 58.  Nays, 1.  Senator 

 8   Espaillat recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   123, by Senator Marcellino, Senate Print 383, an 

13   act to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 60th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   165, by Senator Avella, Senate Print 888A, an act 


                                                               817

 1   to amend the Volunteer Firefighters Benefit Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   171, by Senator Marchione, Senate Print 5857A, an 

14   act to authorize.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.  

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.  Nays, 1.  

23   Senator Bonacic recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               818

 1                THE SECRETARY:   Calendar Number 

 2   173, by Senator Croci, Senate Print 6627A, an act 

 3   to authorize.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.  Nays, 1.  

12   Senator Bonacic recorded in the negative.  

13                In relation to Calendar 173, those 

14   recorded in the negative are Senators Bonacic and 

15   Larkin.  

16                Ayes, 57.  Nays, 2.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   174, by Senator Boyle, Senate Print 2936, an act 

21   to amend the Agriculture and Markets Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               819

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Boyle to explain his vote.

 6                SENATOR BRESLIN:   Mr. President, to 

 7   explain my vote.  

 8                The need for this piece of 

 9   legislation was recently highlighted in the 

10   tragedy in Florida, New York, in Montgomery 

11   County.  Denise Krohn and her family returned 

12   home at 8:30 in the evening to find that their 

13   two goldendoodle dogs, Kirby and Quigley, had 

14   been shot dead by a burglar who had just come 

15   into their home in the hour preceding that.  

16                Assemblyman Jim Tedisco has 

17   sponsored this legislation over in the Assembly, 

18   and my good friends and colleagues Senators 

19   Amedore and Marchione are big supporters here in 

20   this house.  

21                I can tell you that for many of us, 

22   our pets are a member of our family.  And to 

23   strengthen the criminal penalties -- anybody who 

24   commits a crime who injures an animal in the 

25   commission of a felony should be charged with 


                                                               820

 1   greater penalties.  This bill will put them in 

 2   jail for two years and fine them up to $5,000.  

 3                I certainly vote in the affirmative 

 4   and urge my colleagues to do likewise.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Boyle to be recorded in the affirmative.

 7                Senator Amedore to explain his vote.

 8                SENATOR AMEDORE:   Mr. President, I 

 9   rise to explain my vote on this very important 

10   legislation and thank Senator Boyle and 

11   Assemblyman Tedisco.

12                And as Senator Boyle mentioned, on 

13   February 17th, just a few weeks ago, the Krohn 

14   family came home, they found their house robbed 

15   and they found their two family members, their 

16   goldendoodles, shot dead at gunpoint.  

17                Now, think about it.  An unspeakable 

18   act, a crime.  The perpetrators are still at 

19   large.  It happened in my district in Montgomery 

20   County, in the Town of Florida, a nice rural, 

21   quiet, quaint county and town.  

22                This bill here will make a big 

23   difference.  And on behalf of the Krohn family -- 

24   which just two Saturdays ago, we had a public 

25   event at which over 400 people showed up in 


                                                               821

 1   support of the loss of their family members, as 

 2   well as bringing advocacy for much-needed 

 3   tougher, stronger penalties, as this bill would 

 4   do.  

 5                So thank you, Senator Boyle and to 

 6   Assemblyman Tedisco.

 7                I vote in the affirmative.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Amedore to be recorded in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 59.  Nays, 1.  

12   Senator Montgomery recorded in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   184, by Senator Little, Senate Print 6650, an act 

17   to authorize.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on July 20, 2016.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               822

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   197, by Senator Avella, Senate Print 712, an act 

 5   to amend the Correction Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   213, by Senator LaValle, Senate Print 224, an act 

18   to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               823

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Krueger to explain her vote.

 3                SENATOR KRUEGER:   Thank you, 

 4   Mr. President.  I rise to explain my vote no on 

 5   this bill.  

 6                It's an interesting proposal, 

 7   because on the one hand it's actually calling for 

 8   transparency and explanation of who's going to 

 9   pay for what when you change rules in higher 

10   education.

11                But I would argue the only way I 

12   could justify supporting this bill is if we 

13   actually applied the same rules to ourselves 

14   whenever we're passing a law outside of the 

15   budget that increases a cost to the locality.  

16                And we don't apply this to 

17   ourselves -- in fact, we barely meet the 

18   standards for fiscal notes -- so I don't see how 

19   we could apply this to someone else.  

20                I vote no, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger to be recorded in the negative.

23                Senator Hoylman.

24                SENATOR HOYLMAN:   Thank you, 

25   Mr. President.  I rise to explain my vote.


                                                               824

 1                Just to follow up on what my 

 2   colleague said, it's questionable whether this 

 3   bill itself should have a fiscal note.  And it's 

 4   a little ironic that it doesn't.

 5                And I was just counting at least 

 6   three votes in the last couple of weeks that 

 7   should have had fiscal notes:  One, to provide a 

 8   property tax exemption to commercial horse 

 9   boarding operations, another to create a 

10   permanent racing fan advisory council, and yet 

11   another to rename a portion of the state highway 

12   system as the North Country Craft Beer Trails -- 

13   none of which have fiscal notes.  

14                If we're going to impose this rule 

15   on the Regents, as Senator Krueger aptly said, we 

16   should do it ourselves.  

17                I'll be voting no.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Hoylman to be recorded in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 213, those recorded in the 

23   negative are Senators Avella, Dilan, Hamilton, 

24   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

25   Perkins, Persaud, Rivera, Sanders, Serrano, 


                                                               825

 1   Squadron and Stavisky.

 2                Ayes, 46.  Nays, 14.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   215, by Senator Montgomery, Senate Print 965, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 120th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 58.  Nays, 2.  

18   Senators Croci and Murphy recorded in the 

19   negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   216, by Senator Ritchie, Senate Print 1796B, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               826

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   218, by Senator Marcellino, Senate Print 6503, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Bonacic to explain his vote.

22                SENATOR BONACIC:   Thank you, 

23   Mr. President.

24                I certainly support this bill today.  

25   I've supported it in the past.  


                                                               827

 1                You know, everything is about 

 2   transparency for us.  Anything we do, any 

 3   financial reports we file, asking for more and 

 4   more transparency for elected officials, and 

 5   accountability.  

 6                And now I read in the paper that the 

 7   Board of Regents wants to allow illegals to 

 8   become certified teachers.  Now, I for one don't 

 9   support giving illegals the right to vote.  

10   That's a right for legals.  And I sure as heck 

11   don't want to see illegals certified as teachers.  

12                If it's argued that there's a 

13   shortage of teachers in a specific area, then we 

14   can raise the salary in those areas to entice 

15   lawful applicants to apply for those teaching 

16   jobs.

17                So for all of those reasons -- and 

18   if the Board of Regents would have to post these 

19   things, it wouldn't be a surprise on all of us 

20   and people could come in and weigh in on how they 

21   feel, like I'm expressing my feeling on the 

22   floor.

23                Thank you, Mr. President.  I vote 

24   yes on the bill.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               828

 1   Bonacic to be recorded in the affirmative.

 2                Senator Espaillat to explain his 

 3   vote.

 4                SENATOR ESPAILLAT:   No, I wanted -- 

 5   I'm rising, Mr. President, to get -- to ask a 

 6   question of --

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Espaillat, we're on explanation of votes right 

 9   now.

10                SENATOR ESPAILLAT:   Well, let me 

11   just explain my vote.

12                I don't know what the previous 

13   member of this chamber meant by the term 

14   "illegal."  Some feel that anybody that's a human 

15   being, doesn't have any papers, is undocumented; 

16   others may want to call them illegal.  

17                But I know that the New York City 

18   Board of Education and the State Department of 

19   Education have for a long time, for many, many 

20   years, recruited teachers outside of our 

21   borders.

22                When there has been a scarcity of, 

23   for example, bilingual teachers, because we do 

24   not have enough certified bilingual teachers, 

25   they've gone to Spain, to Chile, to the Dominican 


                                                               829

 1   Republic.  They've even gone to the Commonwealth 

 2   of Puerto Rico to recruit teachers that would 

 3   then train our children in bilingual education.

 4                I know that even when there's a 

 5   scarcity in an area, a discipline of great need 

 6   like physics or a particular part of science, 

 7   that the New York City Board of Education has 

 8   gone abroad to recruit teachers that may be 

 9   trained in those particular areas.

10                So I don't know whether my colleague 

11   is referring to those teachers that came from 

12   abroad through a process, a formal process 

13   established by the Board of Education, or someone 

14   that may have come here and just overstayed their 

15   visa, like I did as a kid.  Maybe at that time I 

16   was undocumented.  Certainly not illegal.  At 

17   least I'm not illegal right now.

18                So I just wanted to get some 

19   clarification on this particular bill, because 

20   the Board of Education in the City of New York 

21   and the New York State Department of Education 

22   have a long-lasting policy of recruiting 

23   educators from abroad whenever there's a scarcity 

24   here in our state or in the country.  

25                Thank you, Mr. President.


                                                               830

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Espaillat.  How do you vote?  

 3                SENATOR HAMILTON:   I will be voting 

 4   in the negative.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Espaillat to be recorded in the negative.

 7                As I indicated, that the vote is 

 8   being conducted and we are on explanation of 

 9   votes.

10                Announce the results.

11                THE SECRETARY:   Ayes, 58.  Nays, 2.  

12   Senators Espaillat and Latimer recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   222, by Senator Klein, Senate Print 1947B, an act 

18   to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               831

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Klein to explain his vote.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.  I'm going to be brief.  

 5                But I urge my colleagues to support 

 6   this legislation, which is entitled Erin Merryn's 

 7   Law.  

 8                Erin Merryn has been spending the 

 9   last couple of years fighting for a piece of 

10   legislation in every state of the union to simply 

11   educate young people about the telltale signs of 

12   sex abuse.  Erin was abused as a child by a 

13   neighbor, a cousin.  And she has turned her life 

14   around through educating the public nationwide.

15                Unfortunately, right now in New York 

16   State we're a little antiquated when it comes to 

17   educating young people about sexual abuse.  Right 

18   now we still use what's known as "stranger 

19   danger."  You know, don't get in a chair with a 

20   stranger, don't take candy from a stranger.  

21                I think most of us know that the 

22   majority of individuals who sexually abuse young 

23   people are usually those who you know -- family 

24   members, in some cases teachers, caretakers.  

25                So I think it's important that we 


                                                               832

 1   sort of update our method of educating our young 

 2   people.  And this is not what's known as an 

 3   unfunded mandate.  We're giving school districts 

 4   the opportunity, if they choose, to opt in to 

 5   this program.  

 6                Unfortunately, this bill -- and I 

 7   thank my colleagues here -- has passed the 

 8   Senate, this will be the fifth year in a row.  

 9   The Assembly has yet to take it up.  

10                So I'm hopeful that this is the year 

11   and we finally update our laws and protect our 

12   young people in making sure we teach our children 

13   properly about sexual abuse.  

14                Thank you, Mr. President.  I vote 

15   yes.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Klein to be recorded in the affirmative.

18                Senator Montgomery to explain her 

19   vote.

20                SENATOR MONTGOMERY:   Yes, thank 

21   you, Mr. President.  

22                I rise certainly to support Senator 

23   Klein's legislation.  But I would like to say 

24   this, that I have introduced for many years, and 

25   I still believe that there is an opportunity to 


                                                               833

 1   do so -- and this would really improve greatly 

 2   this particular legislation.  

 3                Senator Klein's bill would require 

 4   that schools instruct children in child abuse 

 5   prevention, and I certainly agree with that.  But 

 6   I also have legislation that would require 

 7   schools to offer appropriate instruction in sex 

 8   education, broadly speaking, appropriate for 

 9   every grade from kindergarten through the 

10   12th grade.  So it would be for the entire life 

11   of those young people.  

12                And I have also advocated very, very 

13   furiously for the expansion of school-based 

14   health clinics, where we would have a 

15   professional staff that would in fact be able to 

16   implement Erin's Law as well as to provide sex 

17   education, to provide health, preventive health, 

18   mental health to young people in our schools.  

19   And it would improve greatly the prospect of 

20   young people having access to healthcare in our 

21   state, in the State of New York.

22                So I am supporting this legislation, 

23   I vote yes, but I would like to see if we could 

24   work out a way that my ideas about sex 

25   education -- and a way to institutionalize a good 


                                                               834

 1   healthcare education and health-providing system 

 2   in our schools.

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

 4   aye.  

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Montgomery to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator DeFrancisco, that completes 

12   the noncontroversial reading of today's 

13   active-list calendar of March 7, 2016.

14                SENATOR DeFRANCISCO:   Yes, I 

15   believe we have a supplemental calendar, Number 

16   16A.  

17                And I'd like to just take one bill 

18   off that supplemental calendar.  And if you'd 

19   please call up Calendar Number 316.

20                ACTING PRESIDENT GRIFFO:   Senate 

21   Supplemental Calendar 16A is before the house, 

22   and the Secretary will read Calendar Number 316.

23                THE SECRETARY:   Calendar Number 

24   316, by Senator LaValle, Senate Print 6854, an 

25   act to amend the Education Law.


                                                               835

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar 316, those recorded in the negative are 

12   Senators Addabbo, Breslin, Comrie, Dilan, 

13   Espaillat, Gianaris, Hamilton, Hassell-Thompson, 

14   Hoylman, Kennedy, Krueger, Latimer, Montgomery, 

15   Panepinto, Peralta, Perkins, Persaud, Rivera, 

16   Sanders, Serrano, Squadron, Stavisky and 

17   Stewart-Cousins.  Also Senator Díaz.

18                Ayes, 37.  Nays, 24.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                That completes, Senator DeFrancisco, 

22   the noncontroversial reading of Senate 

23   Supplemental Calendar 16A.

24                SENATOR DeFRANCISCO:   I'd like to 

25   lay aside Calendars 315 and 317, lay them aside 


                                                               836

 1   for the day.

 2                ACTING PRESIDENT GRIFFO:   Calendar 

 3   Numbers 315 and 317 will be laid aside for the 

 4   day.

 5                SENATOR DeFRANCISCO:   Would you 

 6   please recognize Senator Ortt for a brief 

 7   introduction of some important people that are 

 8   with us today.

 9                ACTING PRESIDENT GRIFFO:   Can I 

10   have some order in the house, please.  

11                Senator Ortt.

12                SENATOR ORTT:   Thank you, 

13   Mr. President.  

14                I'd like to take this opportunity to 

15   welcome some students from Barker High School in 

16   Niagara County, who have left sunshine and 

17   75-degree weather in Niagara County to come here 

18   to Albany and learn how our government works, how 

19   our state government works.  

20                They spent the afternoon with 

21   Assemblywoman Corwin in the Assembly learning how 

22   that house functions, and now they are here in 

23   the Senate chamber watching the proceedings here 

24   today.  

25                And so I'd like to thank them for 


                                                               837

 1   being here.  I hope they take away something from 

 2   this experience.  And I'd like to thank the 

 3   teachers as well who are here, who have 

 4   accompanied them, who are doing a great job as 

 5   well.  

 6                So thank you, and I'd like to extend 

 7   the privileges of the house.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Ortt.  

11                We welcome the teachers and students 

12   with us today, and we extend the courtesies of 

13   the house to you.

14                (Applause.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.  

17                SENATOR DeFRANCISCO:   Could you now 

18   please recognize Senator Gianaris for another 

19   important announcement.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Gianaris.

22                SENATOR GIANARIS:   Mr. President, 

23   we have yet another birthday among us today.  

24   Please wish a happy birthday to Senator Marc 

25   Panepinto.


                                                               838

 1                ACTING PRESIDENT GRIFFO:   Happy 

 2   birthday, Senator Panepinto.

 3                (Applause.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco.

 6                SENATOR DeFRANCISCO:   Is there any 

 7   further business at the desk?  

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   no further business before the desk.

10                SENATOR DeFRANCISCO:   That being 

11   the case, I move to adjourn until Tuesday, 

12   March 8th, at 3:00 p.m.

13                ACTING PRESIDENT GRIFFO:   On 

14   motion, the Senate will stand adjourned until 

15   Tuesday, March 8th, at 3:00 p.m. 

16                Senate is adjourned.

17                (Whereupon, at 4:00 p.m., the Senate 

18   adjourned.)

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