Regular Session - January 9, 2017
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
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9 ALBANY, NEW YORK
10 January 9, 2017
11 3:10 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR THOMAS D. CROCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT CROCI: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise as we have the presentation of our colors
6 from the New York State Civil Air Patrol Wing
7 Champions from throughout New York State.
8 Parade the colors.
9 (The Color Guard entered the
10 chamber and displayed colors.)
11 (Whereupon, the assemblage recited
12 the Pledge of Allegiance to the Flag.)
13 ACTING PRESIDENT CROCI: In the
14 absence of clergy, I would ask all to please bow
15 your heads for a moment of silence.
16 (Whereupon, the assemblage
17 respected a moment of silence.)
18 ACTING PRESIDENT CROCI: Color
19 Guard, post the colors.
20 (The Color Guard posted the colors
21 and then exited the chamber.)
22 ACTING PRESIDENT CROCI: Reading
23 of the Journal.
24 THE SECRETARY: In Senate, Sunday,
25 January 8th, the Senate met pursuant to
112
1 adjournment. The Journal of Saturday,
2 January 7th, was read and approved. On motion,
3 Senate adjourned.
4 ACTING PRESIDENT CROCI: Without
5 objection, the Journal stands approved as read.
6 Presentation of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Before I
16 make a motion, I just wanted to commend the
17 Civil Air Patrol Color Guard. It was one of the
18 most smartly done presentations of the colors
19 that I've ever seen.
20 And their leaders are here with us
21 today, one from my district. I want to commend
22 them on their work with these young people.
23 It's certainly nice to see young people that are
24 showing responsibility to our government and to
25 our flag. Thank you.
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1 I have a motion to -- first of all,
2 I move that the following bill be discharged
3 from its respective committee and be recommitted
4 with instructions to strike the enacting clause.
5 That's Bill Number 605, by Senator Boyle.
6 ACTING PRESIDENT CROCI: So
7 ordered.
8 SENATOR DeFRANCISCO: I also have
9 a privileged resolution at the desk, Number 16,
10 by Senator LaValle and Senator Seward. I
11 request that it be read in its entirety and call
12 on Senator LaValle to speak.
13 ACTING PRESIDENT CROCI: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 16, by Senators LaValle and
17 Seward, commending the Civil Air Patrol-New York
18 Wing Colonel Francis S. Gabreski Squadron Color
19 Guard upon the occasion of presenting the colors
20 at the start of the session of the New York
21 State Senate on January 9, 2017.
22 "WHEREAS, It is the sense of this
23 Legislative Body to recognize that the quality
24 and character of life in the communities across
25 New York State are reflective of the concerned
114
1 and dedicated efforts of those organizations and
2 individuals who are devoted to the welfare of the
3 community and its citizenry; and
4 "WHEREAS, Attendant to such concern,
5 and in full accord with its long-standing
6 traditions, this Legislative Body is justly proud
7 to commend the Colonel Francis S. Gabreski
8 Squadron Color Guard from the Civil Air
9 Patrol-New York Wing upon the occasion of
10 presenting the colors at the start of the
11 session of the New York State Senate, to be held
12 at the New York State Capitol in Albany,
13 New York, on January 9, 2017; and
14 "WHEREAS, The Civil Air Patrol
15 enjoys a proud legacy of selfless sacrifice and
16 service to country and community that spans
17 decades; the organization was born one week prior
18 to the Japanese attack on Pearl Harbor, and those
19 members serving in World War Two were awarded
20 the Congressional Gold Medal; and
21 "WHEREAS, Thousands of volunteer
22 members of the Civil Air Patrol answered
23 America's call to national service and sacrifice
24 by accepting and performing critical wartime
25 missions; and
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1 "WHEREAS, On July 1, 1946, President
2 Harry S. Truman signed Public Law 476
3 incorporating the Civil Air Patrol as a
4 benevolent, nonprofit organization; on May 26,
5 1948, Congress passed Public Law 557 permanently
6 establishing the Civil Air Patrol as the
7 auxiliary of the new United States Air Force; and
8 "WHEREAS, Three primary mission
9 areas were set forth at the inception of the
10 Civil Air Patrol: aerospace education, cadet
11 programs, and emergency services; and
12 "WHEREAS, Today, the Civil Air
13 Patrol handles 90 percent of inland search and
14 rescue missions, with approximately 75 lives
15 saved each year; its members are generally the
16 first on the scene transmitting aerial digital
17 images along with providing disaster relief and
18 emergency services following natural and manmade
19 disasters, including such events as 9/11,
20 Hurricane Katrina, Hurricane Irene, Tropical
21 Storm Lee, Texas and Oklahoma wildfires,
22 tornadoes in the south and central United States,
23 North Dakota flash flooding, and the October 2006
24 earthquake in Hawaii, as well as humanitarian and
25 homeland security missions along the United
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1 States and Mexican border; and
2 "WHEREAS, In response to the
3 devastating effects of Hurricane Sandy, the Civil
4 Air Patrol's New York Wing promptly reacted by
5 Flying 373 damage assessment sorties and
6 providing 143,360 aerial photographs to New York
7 disaster relief organizations, FEMA and the
8 Army Corps of Engineers; providing air
9 transportation throughout the affected region for
10 disaster response teams; deploying 30 volunteers
11 to assist with shelter operations conducted by
12 the New York City Office of Emergency Management;
13 and installing 40 volunteers to assist the
14 Red Cross with the logistics of relief supplies;
15 and
16 "WHEREAS, In addition, Civil Air
17 Patrol members are dedicated to counterdrug
18 reconnaissance and to teaching a new generation
19 about aerospace and its impact on our future; its
20 cadet programs ensure our youth receive the
21 finest leadership training the nation has to
22 offer; and
23 "WHEREAS, The members from the
24 Civil Air Patrol-New York Wing Colonel Francis S.
25 Gabreski Squadron Color Guard include: Cadet
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1 Senior Airman Christopher Riley, Cadet Staff
2 Sergeant Kerri Campbell, Cadet Airman 1st Class
3 Joseph Cortes, Cadet Staff Sergeant Ailysch
4 Markowitz, Cadet Senior Airman Adrian Morales,
5 Cadet Technical Sergeant Mairead Riley, Cadet
6 Staff Sergeant Eric Vanek, Cadet Technical
7 Sergeant Mary Vanek, Captain Edward Rymas,
8 Captain Eric Vanek, 2nd Lieutenant Tina Vanek,
9 2nd Lieutenant Craig Markowitz, and Senior Member
10 Amie Markowitz, and New York Wing Staff:
11 Lieutenant Colonel Patrick Magee, Lieutenant
12 Colonel Gerald Marketos, Lieutenant Colonel
13 Thomas Carello, Lieutenant Colonel Benjamin
14 Nodar, and Lieutenant Colonel John Jones; and
15 "WHEREAS, The Civil Air Patrol makes
16 a huge impact each and every day, going above and
17 beyond to make a profound difference in America's
18 communities; and
19 "WHEREAS, This occasion presents a
20 unique opportunity for this Legislative Body to
21 recognize and pay tribute to the members of the
22 Civil Air Patrol-New York Wing Colonel Francis S.
23 Gabreski Squadron Color Guard; and
24 "WHEREAS, It is the sense of this
25 Legislative Body that when organizations of such
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1 noble aims and accomplishments are brought to our
2 attention, they should be recognized by all the
3 citizens of this great Empire State; now,
4 therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to commend the
7 Civil Air Patrol-New York Wing Colonel Francis S.
8 Gabreski Squadron Color Guard and its members
9 upon the occasion of presenting the colors at the
10 start of the session of the New York State Senate
11 on January 9, 2017; and be it further
12 "RESOLVED, That copies of this
13 resolution, suitably engrossed, be transmitted
14 to Lieutenant Colonel Thomas Carello, New York
15 Wing Commander, Civil Air Patrol, and the
16 aforementioned members of the Civil Air
17 Patrol-New York Wing Colonel Francis S. Gabreski
18 Squadron Color Guard."
19 ACTING PRESIDENT CROCI: Senator
20 LaValle.
21 SENATOR LaVALLE: Thank you very
22 much.
23 I want to welcome and thank members
24 of the Colonel Francis S. Gabreski Squadron Color
25 Guard from the Civil Air Patrol-New York Wing for
119
1 the wonderful presentation of our colors that you
2 did today.
3 You were outside when our Deputy
4 Majority Leader, Senator DeFrancisco,
5 complimented you on how smartly and wonderfully
6 you presented our colors.
7 Each and every day you do a great
8 job for our country, as members of the Civil Air
9 Patrol do throughout our country. And I think we
10 owe the very beginning, as we heard in the
11 resolution, to President Harry S. Truman for the
12 beginning, and later Congress actually presented
13 the establishment of yourselves as a
14 not-for-profit organization.
15 While your names were mentioned in
16 the resolution, I just want to mention your names
17 again. And by the way, for the members, at the
18 Gabreski Airport in Westhampton, we have the 106
19 that is established there. And the 106 is known
20 as the Air National Guard that makes all of these
21 incredible saves out on our waters. So this
22 group is there at that airport.
23 Could you just put up your hand so
24 that -- when I mention your name. Craig
25 Markowitz. Amie Markowitz. Christopher Riley.
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1 Ailysch Markowitz. Adrian Morales. Mairead
2 Riley. And Patrick Magee.
3 We thank you all for being here
4 today in this State Capitol, in our Senate
5 chamber, to be part of our ceremonies. And your
6 names will all be recorded as part of history for
7 presenting the colors today and being part of our
8 ceremony.
9 Thank you.
10 ACTING PRESIDENT CROCI: Thank you,
11 Senator LaValle.
12 Senator DeFrancisco on the
13 resolution.
14 SENATOR DeFRANCISCO: Yes, you're
15 all looking forward. At ease. You can look this
16 way while we're talking. At ease.
17 (Laughter.)
18 SENATOR DeFRANCISCO: I was an Air
19 Force officer once. Nobody listens to me
20 anymore.
21 (Laughter.)
22 SENATOR DeFRANCISCO: Senator
23 LaValle was correct, I mentioned -- and I think
24 it's important that you hear it directly from
25 me -- I've never seen a Color Guard be more
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1 impressive than the Color Guard here today, this
2 Color Guard. And it's unbelievable what you did.
3 And it's so important in this day
4 and age, where there's so many skeptics about so
5 many things, to see our young people that are
6 doing good activities, being responsible, and
7 respecting our country like it should be
8 respected. And all of your names, just so you
9 know, were read on the record earlier when the
10 whole resolution was going forward.
11 So I just want to thank all of you
12 in making sure that you will continue to do the
13 good things you're doing, because maybe you can
14 do a better job than we're doing here. Okay?
15 And we've got to have new blood that's going
16 forward.
17 And I just wanted to mention that
18 Thomas Carello, the Lieutenant Colonel, he's from
19 my district and he has a wonderful organization
20 coming from Central New York as well.
21 Thank you again, and congratulations
22 on your great work.
23 ACTING PRESIDENT CROCI: Senator
24 Seward on the resolution.
25 SENATOR SEWARD: Yes, I too want to
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1 rise and thank our Color Guard for being here
2 this year to present the colors in one of our
3 first sessions of the year.
4 This has emerged as a wonderful
5 tradition here in the New York State Senate, to
6 have the Color Guard unit from the Civil Air
7 Patrol Cadet Program come and present the colors
8 at one of our first sessions of the year.
9 It's also a day to celebrate what
10 the Civil Air Patrol means to the people of the
11 State of New York. Providing invaluable service
12 to the people of our state, whether it be search
13 and rescue missions and other ways, through
14 flying, that you're able to provide assistance in
15 times of disaster and other needs that are out
16 there when those services are greatly needed, the
17 Civil Air Patrol is there to assist the people of
18 the State of New York.
19 And one of the best aspects of the
20 Civil Air Patrol, in my estimation, is the
21 commitment to the cadet program, to help
22 cultivate and foster so many leadership skills, a
23 sense of patriotism and wholesomeness among young
24 people that become part of the cadet program.
25 That is an invaluable service as well to the
123
1 people of our state.
2 And I have seen over and over again
3 young people who have gone through the cadet
4 program and then go on in their lives to be true
5 leaders and true productive members of our
6 society.
7 And so I rise to say thank you to
8 the Civil Air Patrol, and congratulations and
9 thank you to our outstanding cadets who are
10 joining us here today.
11 ACTING PRESIDENT CROCI: Are there
12 any other Senators wishing to be heard on the
13 resolution?
14 Hearing none, the Senate -- on
15 behalf of this body, we thank you, we extend our
16 gratitude and our appreciation for your service
17 and for your families for allowing you to serve
18 both our state and our nation, and we extend to
19 you all the privileges and courtesies of the
20 house.
21 The question is on the resolution.
22 All in favor please signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT CROCI: Opposed,
25 nay.
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1 (No response.)
2 ACTING PRESIDENT CROCI: The
3 resolution is adopted.
4 (Standing ovation.)
5 ACTING PRESIDENT CROCI: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Would you
8 open up the resolution for cosponsorship, please.
9 ACTING PRESIDENT CROCI: The
10 resolution is open for cosponsorship. If you do
11 not wish to be a cosponsor, please notify the
12 desk.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Yes, we have
15 another privileged resolution, Number 190, by
16 Senator Akshar. Would you read the title only
17 and recognize Senator Akshar.
18 ACTING PRESIDENT CROCI: The
19 Secretary will read, title only.
20 THE SECRETARY: Legislative
21 Resolution Number 190, by Senator Akshar,
22 Commending Staff Inspector Donald M. Faughnan
23 upon the occasion of his retirement after more
24 than 34 years of dedicated service to the
25 New York State Police.
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1 ACTING PRESIDENT CROCI: Senator
2 Akshar on the resolution.
3 SENATOR AKSHAR: Mr. President,
4 thank you very much.
5 I rise to recognize a man who truly
6 epitomizes what it means to be a public servant,
7 Staff Inspector Donald M. Faughnan -- 34 years
8 with a remarkable career in the New York State
9 Police.
10 Not only has he had an accomplished
11 career as a member of the New York State Police,
12 he has had a remarkable private journey and
13 personal journey, as is evidenced by his
14 beautiful wife, Julie, and two of his three sons
15 who are up in the gallery, Donnie and Patrick.
16 In his 34-year career in the
17 New York State Police -- 12 assignments in
18 different places of the state -- he's held nine
19 different ranks within the State Police. I had
20 the good fortune of recently attending his
21 retirement party, and I spoke to his colleagues
22 and people who worked under his command. And I
23 asked them to describe Staff Inspector Faughnan,
24 and they said he was a cop's cop. And I'm not
25 entirely sure, but I think that's the nicest
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1 thing a cop can say about another cop, especially
2 somebody who holds the rank of staff inspector.
3 I want to talk a little bit about
4 his family. He's got three boys. And as I said,
5 12 different assignments, nine different ranks --
6 never once missed a wrestling match with his
7 kids. All three of his boys are Eagle Scouts.
8 He traveled diligently through the state,
9 regardless of where his assignment was, and he
10 made it a point to get back home so he could be
11 with his family.
12 Donnie, his son, is working on his
13 degree in fish biology. He's going to pursue a
14 career with our very own New York State
15 Department of Environmental Conservation.
16 Patrick, upstate med student working on his Ph.D.
17 in pharmacology. And Greg, who is in his third
18 year of medical school at Upstate Med.
19 I think that speaks volumes about
20 the job that you have done as a father and as a
21 man.
22 And I, for one, I had the good
23 fortune, as many of you know in this room, to be
24 a member of law enforcement. And, Staff
25 Inspector, you are somebody in my previous
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1 professional life that I looked up to and
2 emulated. I think you set the bar very high for
3 people who will come behind you. It's an honor
4 to have been able to study under your tutelage,
5 and it's an honor to recognize you here today on
6 the floor of the Senate. Thank you for
7 everything that you've done for me personally and
8 professionally.
9 On behalf of the people of the great
10 State of New York, I thank you for all of your
11 service to the people.
12 Mr. President, I ask that you extend
13 all the courtesies of the house to Staff
14 Inspector Faughnan, his wife Julie, his two boys
15 who are here with us today.
16 Enjoy Florida, and enjoy all the
17 fishing that I know you'll do.
18 Mr. President, thank you so much.
19 ACTING PRESIDENT CROCI: Senator
20 Gallivan.
21 SENATOR GALLIVAN: Thank you,
22 Mr. President.
23 I too rise to recognize Staff
24 Inspector Don Faughnan. About 34 years or so
25 ago, about 200 of us from around New York State
128
1 entered the State Police Academy. We walked in
2 on a Sunday night, there was a lot of yelling and
3 screaming and pushups going on, a lot of haircuts
4 and yelling and screaming the next day. And it
5 was at that time that I met young Recruit Trooper
6 Faughnan.
7 And I worked with him over the
8 years, and we developed from the very beginning a
9 very good professional and, more importantly,
10 personal relationship. He's somebody that I have
11 considered a friend over the years, somebody that
12 I have reached out to many, many times during my
13 law enforcement career. And then when I was
14 elected to the Senate, we worked together on a
15 number of things.
16 And I can't think of a better thing
17 to do than to honor you today, Don, and
18 congratulate you and Julie on your retirement and
19 wish you all the best.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CROCI: Hearing no
22 other members wishing to speak on the resolution,
23 we congratulate you and your family for your
24 decades of long service to our state and to the
25 families thereof, and this house extends all the
129
1 courtesies and privileges to you and your family.
2 Congratulations.
3 I'd ask the chamber to please rise
4 and congratulate our recently retired law
5 enforcement member.
6 (Standing ovation.)
7 ACTING PRESIDENT CROCI: The
8 question is on the resolution. All those in
9 favor please signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT CROCI: Opposed,
12 no.
13 (No response.)
14 ACTING PRESIDENT CROCI: The
15 resolution is adopted.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Would you
18 please open the resolution for cosponsorship.
19 ACTING PRESIDENT CROCI: The
20 resolution is open for cosponsorship. If you do
21 not wish to be a cosponsor, please notify the
22 desk.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: I'd like to
25 now hand up committee assignments.
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1 ACTING PRESIDENT CROCI: The
2 committee assignments will be filed in the
3 Journal.
4 SENATOR DeFRANCISCO: And those
5 were the Republican Conference committee
6 assignments, and I ask that they be filed in the
7 Journal, which you've already done. Excellent
8 anticipation.
9 ACTING PRESIDENT CROCI: Received
10 and filed.
11 SENATOR DeFRANCISCO: Mr. Leader --
12 or Mr. President, in consultation with
13 Senator Klein, Senator Flanagan hands up the
14 following committee assignments for the
15 Independent Democrat Conference.
16 ACTING PRESIDENT CROCI: So
17 ordered.
18 SENATOR DeFRANCISCO: Also, in
19 consultation with Senator Stewart-Cousins,
20 Senator Flanagan hands up the following committee
21 assignments for the Democrat Conference.
22 ACTING PRESIDENT CROCI: So
23 ordered. Received and will be filed in the
24 Journal.
25 SENATOR DeFRANCISCO: We would now
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1 like to have an immediate meeting of the
2 Rules Committee in Room 332.
3 ACTING PRESIDENT CROCI: There will
4 be an immediate meeting of the Rules Committee in
5 Room 332 of the Capitol.
6 The Senate will stand at ease.
7 (Whereupon, the Senate stood at ease
8 at 3:44 p.m.)
9 (Whereupon, the Senate reconvened at
10 4:16 p.m.)
11 ACTING PRESIDENT CROCI: The Senate
12 will come to order.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: May we return
15 to reports of standing committees for a report of
16 the Rules Committee.
17 ACTING PRESIDENT CROCI: The
18 Secretary will read.
19 THE SECRETARY: Senator Flanagan,
20 from the Committee on Rules, reports the
21 following bills:
22 Senate Print 365, by Senator Robach,
23 an act to amend the State Finance Law;
24 Senate 886, by Senator Carlucci, an
25 act relating to;
132
1 Senate 964, by Senator Murphy, an
2 act to amend the Highway Law;
3 Senate 971, by Senator Rivera, an
4 act to amend the Executive Law;
5 Senate 972, by Senator Avella, an
6 act to amend the Social Services Law;
7 Senate 973, by Senator Amedore, an
8 act to amend Chapter 116 of the Laws of 2016;
9 Senate 974, by Senator Montgomery,
10 an act to amend the Public Authorities Law;
11 Senate 975, by Senator Lanza, an act
12 to amend the Arts and Cultural Affairs Law;
13 Senate 976, by Senator Ortt, an act
14 to amend the Correction Law;
15 Senate 977, by Senator Valesky, an
16 act to amend the General Business Law;
17 Senate 978, by Senator Ranzenhofer,
18 an act to amend the Public Authorities Law;
19 Senate 979, by Senator DeFrancisco,
20 an act to amend a chapter of the Laws of 2016;
21 Senate 980, by Senator Hannon, an
22 act to amend the Executive Law;
23 Senate 981, by Senator Amedore, an
24 act to amend the Mental Hygiene Law;
25 Senate 982, by Senator Savino, an
133
1 act to amend the Banking Law;
2 Senate 983, by Senator LaValle, an
3 act to amend the Vehicle and Traffic Law;
4 Senate 984, by Senator Marcellino,
5 an act to amend the Education Law;
6 Senate 985, by Senator LaValle, an
7 act to amend the Local Finance Law;
8 Senate 986, by Senator Hannon, an
9 act to amend the Public Health Law;
10 Senate 1066, by Senator Seward, an
11 act to amend the Insurance Law;
12 Senate 1067, by Senator Klein, an
13 act to amend the Public Health Law;
14 Senate 1068, by Senator Klein, an
15 act to amend the Executive Law;
16 Senate 1069, by Senator Klein, an
17 act to amend the General Business Law;
18 Senate 1207, by Senator Flanagan, an
19 act to amend Chapter 97 of the Laws of 2011;
20 Senate 1214, by Senator Lanza, an
21 act to amend the General Municipal Law; and
22 Senate 1264, by Senator Seward, an
23 act to amend the Vehicle and Traffic Law.
24 All bills reported direct to third
25 reading.
134
1 ACTING PRESIDENT CROCI: Senator
2 DeFrancisco.
3 SENATOR DeFRANCISCO: I move to
4 accept the report of the Rules Committee.
5 ACTING PRESIDENT CROCI: All in
6 favor of accepting the report of the
7 Rules Committee please signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT CROCI: Opposed,
10 nay.
11 (No response.)
12 ACTING PRESIDENT CROCI: The report
13 is accepted.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: I would like
16 to take four bills up from that committee report.
17 Namely, Calendar Number 1 would be the first one,
18 please.
19 ACTING PRESIDENT CROCI: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number 1,
22 by Senator Robach, Senate Print 365, an act to
23 amend the State Finance Law.
24 SENATOR GIANARIS: Lay it aside.
25 ACTING PRESIDENT CROCI: The bill
135
1 is laid aside.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Please take
4 up Calendar Number 2.
5 ACTING PRESIDENT CROCI: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number 2,
8 by Senator Carlucci, Senate Print 886, an act
9 relating to.
10 ACTING PRESIDENT CROCI: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT CROCI: Senator
18 Carlucci to explain his vote.
19 SENATOR CARLUCCI: Thank you,
20 Mr. President.
21 I want to thank the members of the
22 Senate for voting on this important piece of
23 legislation.
24 This legislation corrects an
25 oversight that happened in the East Ramapo School
136
1 District where a board member, Sabrina
2 Charles-Pierre, was duly elected by the public
3 but unfortunately, without her knowing, she took
4 the oath of office later than she was supposed
5 to.
6 So what this legislation does is
7 correct that to make sure that Sabrina
8 Charles-Pierre can serve out her full term. The
9 Commissioner of Education has asked us to pursue
10 this legislation to make it easy and simple for
11 the school district to follow this.
12 Sabrina Charles-Pierre is an
13 advocate in the community, someone who I've
14 gotten to know by just being there at all the
15 events. Wherever there is something to be done
16 to help the children of East Ramapo, Sabrina
17 Charles-Pierre has done that. And this
18 legislation allows her to continue to serve on
19 the school board.
20 I want to thank the leadership here
21 in the Senate and all the members of the Senate
22 for taking this up as the second bill of the
23 session. We've been able to make some major
24 strides in East Ramapo; we've got to continue
25 that momentum. And with all of your help here in
137
1 this chamber, we'll make that a reality to make
2 sure that our children in East Ramapo are getting
3 the best education possible.
4 So with that, Mr. President, I vote
5 aye. Thank you.
6 ACTING PRESIDENT CROCI: Senator
7 Carlucci to be recorded in the affirmative.
8 Announce the result.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT CROCI: The bill
11 is passed.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Please take
14 up Calendar Number 7.
15 ACTING PRESIDENT CROCI: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number 7,
18 by Senator Montgomery, Senate Print 974, an act
19 to amend the Public Authorities Law.
20 ACTING PRESIDENT CROCI: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the same date and in the
24 same manner as a chapter of the Laws of 2016.
25 ACTING PRESIDENT CROCI: Call the
138
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT CROCI: Senator
4 Montgomery to explain her vote.
5 SENATOR MONTGOMERY: Yes, thank
6 you, Mr. President.
7 I am very happy to join my
8 colleagues and thank you very much for supporting
9 this legislation.
10 This is an organization that serves
11 hundreds of young people in the Borough of
12 Brooklyn, in my district in particular. It's
13 Dancewave. They started off as a very small
14 organization and it now has built up to the point
15 where they need new space.
16 And so I'm very happy that the State
17 Dormitory Authority will be able to assist them
18 in being able to expand, and also have the
19 support of the state in the provision of a very,
20 very important form of art that's mostly dance
21 for young people in my district. So thank you.
22 And, Mr. President, I vote aye.
23 ACTING PRESIDENT CROCI: Senator
24 Montgomery to be recorded in the affirmative.
25 Announce the result.
139
1 THE SECRETARY: In relation to
2 Calendar 7, those recorded in the negative are
3 Senators Akshar, Helming, Jacobs, Murphy and
4 Ortt.
5 Ayes, 54. Nays, 5.
6 ACTING PRESIDENT CROCI: The bill
7 is passed.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, can we
10 now take up Calendar 13.
11 ACTING PRESIDENT CROCI: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number 13,
14 by Senator Hannon, Senate Print 980, an act to
15 amend the Executive Law.
16 ACTING PRESIDENT CROCI: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the same date and in the
20 same manner as a chapter of the Laws of 2016.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT CROCI: The bill
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1 is passed.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Could you
4 recall Calendar Number 1, please.
5 ACTING PRESIDENT CROCI: The
6 Secretary will ring the bell.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number 1,
9 by Senator Robach, Senate Print 365, an act to
10 amend the State Finance Law.
11 ACTING PRESIDENT CROCI: Senator
12 Krueger, why do you rise?
13 SENATOR KRUEGER: Would the sponsor
14 please yield for some questions.
15 ACTING PRESIDENT CROCI: Would the
16 sponsor yield for a question?
17 SENATOR ROBACH: I certainly will.
18 ACTING PRESIDENT CROCI: The
19 sponsor yields.
20 SENATOR KRUEGER: Thank you,
21 Mr. President.
22 Could the sponsor please tell me how
23 many years he's carried this bill as a one-house
24 bill?
25 SENATOR ROBACH: I can't tell you.
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1 It wasn't always a one-house bill. At one time
2 Assemblyman Schroeder, I believe, carried the
3 bill. And I'm certainly looking for a sponsor.
4 I think this is very important.
5 Though we've been living under the 2 percent
6 cap -- and certainly anybody who's seen the
7 charts attached to this bill or even knows simple
8 math knows we cannot continue to sustain spending
9 at 5, 6, 7 percent greater than the rate of
10 inflation over and over again.
11 So while we put a little fiscal
12 sanity the last five or six years into our
13 budgeting by living under the 2 percent, this
14 bill would simply take that concept and put it
15 kind of permanently tied to the rate of inflation
16 over three years, not to do anything too drastic.
17 But yes, I'm going to continue
18 fighting for this for as many years as it takes
19 till it becomes law.
20 SENATOR KRUEGER: Thank you.
21 SENATOR ROBACH: (Off mic) I like
22 that: "Hope springs eternal."
23 SENATOR KRUEGER: Who helped with
24 that?
25 SENATOR ROBACH: Andy. Andy Lanza,
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1 for the record.
2 (Laughter.)
3 ACTING PRESIDENT CROCI: Senator
4 Krueger.
5 SENATOR KRUEGER: On the bill,
6 Mr. President.
7 ACTING PRESIDENT CROCI: Senator
8 Krueger on the bill.
9 SENATOR KRUEGER: I thank the
10 sponsor for his responses and Andy Lanza for his
11 "Hope springs eternal."
12 So here's the thing. As the sponsor
13 pointed out, we are doing this already for the
14 last five, six years, and we've had good economic
15 times for the last five, six years, and so we've
16 actually been able to do this without facing
17 economic crisis in our state.
18 But every year I go to research this
19 bill and I learn a little more from the research
20 about what's happened in various parts of the
21 country that did implement these types of bills
22 on the state level or the county level. And what
23 I've learned is bad things can happen when you
24 pass this kind of legislation.
25 Because right now, we can put limits
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1 on our spending and we do put limits on our
2 spending. And in fact as the legislative body,
3 we have the authority and we've been using it to
4 do exactly that in our budget process.
5 If we were to make this the law, we
6 actually remove ourselves from much of the budget
7 decision-making process. And the research from
8 other states shows that the legislature plays
9 less and less of a role in any decisions about
10 its budget once it passes something like this. I
11 don't think this Legislature wants to have even
12 less of a role in budgetary decision-making.
13 Many of us argue we don't have enough now.
14 We see from the research that states
15 that put too strict a definition on in their
16 legislation found themselves having to reverse
17 themselves later. Why? Because they discovered
18 if you had some good times but then you had a bad
19 period, you couldn't spend to help yourself as a
20 state meet your economic needs.
21 So the states that put restrictive
22 versions like this into their law cut their
23 funding on higher education, on social services,
24 and, perhaps most disturbing, in several states
25 literally zeroed out their capital spending
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1 because there was no money available for that.
2 Other states with looser
3 interpretations simply moved more and more of
4 their expenditure spending off-budget. Well, I
5 actually think New York State already has a
6 problem taking too much of our money, moving it
7 to off-budget authorities and, again, taking away
8 the transparency and the role of the Legislature
9 in the decision-making.
10 In fact, I believe Majority Leader
11 Flanagan made a point of that in his opening
12 statements last week about the importance of our
13 functioning as a Legislature, meeting our
14 obligations transparently. So I'm not interested
15 in a model that would move even more of our
16 funding off-budget, to off-budget authorities
17 with no legislative oversight or authority.
18 The research also shows us that in
19 states that went down this road, the localities,
20 not getting as much money from the states as they
21 believed they needed, started raising their local
22 taxes, their fees, creating new funding streams
23 to simply substitute for what, quote, unquote,
24 couldn't be spent by the state because of these
25 TEL caps.
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1 This model was started really in the
2 '70s and then '80s. It sort of faded out by the
3 '90s, and only a tiny number of states did
4 anything with them as proposals after the turn of
5 the 21st century. I believe that it's faded out
6 because they discovered, in red states and in
7 blue states, that it actually wasn't doing what
8 they were hoping.
9 And interestingly, here in the State
10 of New York, without any kind of law like this on
11 the books, we have been doing exactly that. We
12 have, as the sponsor explained, been keeping
13 ourselves within a 2 percent expenditure growth
14 in each year of the last six years. And we can
15 all go home to our districts, explain that, but
16 also say we as the Legislature haven't given up
17 our responsibilities by changing it through
18 legislative fiat.
19 Again, I'm hoping before the next
20 time we have this debate -- which I guess will be
21 next year -- maybe you will take a look at the
22 research that I've been building in a fairly
23 heavy folder. It was very thin when I started,
24 but since we do this every year, I get new
25 research reports each year that show why -- I
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1 understand your goal, but it's not going to get
2 us there, and we're actually there already.
3 I'm urging a no vote, Mr. President.
4 Thank you.
5 ACTING PRESIDENT CROCI: Senator
6 Montgomery, why do you rise?
7 SENATOR MONTGOMERY: Thank you,
8 Mr. President. I rise to acknowledge that 22 of
9 us last year --
10 ACTING PRESIDENT CROCI: Senator
11 Montgomery, are you on the bill?
12 SENATOR MONTGOMERY: Yes, on the
13 bill.
14 ACTING PRESIDENT CROCI: Senator
15 Montgomery on the bill.
16 SENATOR MONTGOMERY: Thank you.
17 -- 22 of us voted no on this
18 legislation, and I'm going to continue my
19 negative vote because some of the points that
20 were raised by Senator Krueger I think are valid.
21 And as you know, there are proposals
22 being made to provide more resources to our
23 university system. And by the way, we have a
24 number of students, they're university students,
25 many of them are from SUNY Albany, some of them
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1 from St. Rose College, from Siena College. These
2 students are here today looking at us to see how
3 this process works and to see that we do have
4 extensive debates very often, especially about
5 resources. And many of those resources are
6 directly related to our ability and our capacity
7 to provide support for them as students and
8 future legislators themselves as they look to
9 figure out what it is that goes on in their own
10 capital.
11 So, Mr. President, I'm going to
12 continue to say no to this. Because if we cap
13 ourselves in a way that does not allow us to pay
14 attention and to support future needs, I think
15 we'll be doing our state a disservice. So I'm
16 going to continue to vote no.
17 ACTING PRESIDENT CROCI: Any other
18 members wishing to be heard?
19 Hearing none, the debate is closed
20 and the Secretary will ring the bell.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Can I explain
23 my vote?
24 ACTING PRESIDENT CROCI: When we
25 call the vote, absolutely, Senator DeFrancisco.
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1 SENATOR DeFRANCISCO: Okay, I'll
2 wait until then.
3 ACTING PRESIDENT CROCI: Very good,
4 sir.
5 (Laughter.)
6 ACTING PRESIDENT CROCI: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 30th day.
10 ACTING PRESIDENT CROCI: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT CROCI: Senator
14 Robach to explain his vote.
15 SENATOR ROBACH: Yes,
16 Mr. President, just quickly. I appreciate the
17 comments, but I just wanted to say to people
18 living within our means and putting it in statute
19 are two different things.
20 All across the state, especially in
21 upstate New York, people time and time again
22 said -- just like us, working families,
23 businesses -- "We have to live within our means,
24 we expect government to do that." This bill will
25 do this.
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1 And in regard to some of the
2 comments about worrying about no flexibility,
3 this bill would also increase the Rainy Day Fund
4 where if we had trouble, we'd have more money
5 there to avoid some of those decisions.
6 However, there's no question that
7 budgeting is an important and challenging task.
8 But this bill really comes down to do you want to
9 go back to the days when we raised budgets
10 greater than the rate of inflation and had fiscal
11 chaos in New York, or do you want to put your
12 money where your mouth is and support fiscal
13 sanity and put it in statute?
14 I'm very happy to be responsive to
15 my public, who wants fiscal sanity. I not only
16 sponsor this bill but vote yes today,
17 Mr. President.
18 ACTING PRESIDENT CROCI: Senator
19 Robach to be recorded in the affirmative.
20 Senator DeFrancisco to explain his
21 vote.
22 SENATOR DeFRANCISCO: Yeah, there's
23 another reason that I think this bill is
24 important for all of us to vote on, and that's
25 because of credibility.
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1 We impose on local municipalities a
2 2 percent -- actually, less than 2 percent tax
3 cap, because it's 2 percent or the rate of
4 inflation, whichever is less. That's a .16 or
5 .18 increase this last few years. We should be
6 bound by the same rules, and it's as simple as
7 that. And I think we're a much more credible
8 body if we are doing what we're imposing on
9 others.
10 I vote aye.
11 ACTING PRESIDENT CROCI: Senator
12 DeFrancisco to be recorded in the affirmative.
13 Announce the result.
14 Can we have one more show of hands?
15 Senator Tedisco to explain his vote.
16 SENATOR TEDISCO: Yes, I just
17 wanted to echo a bit of what the good Senator
18 said over there about the property tax cap.
19 Back in another life when I was in
20 the State of New York Assembly and the minority
21 leader at the turn of the century, we had the
22 proud distinction of listening to our
23 constituents. They said, We're being taxed to
24 death. We've had some of the highest property
25 taxes in the United States of America. So we put
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1 in the first bill, myself as the minority leader
2 and my colleagues in the Republican Conference
3 over there, and we were proud to see that
4 eventually it became the law.
5 When I traverse and travel across
6 the senatorial district, I heard local elected
7 officials say, "We're working hard to do what you
8 constricted us to do, stay within that 2 percent
9 or below," as the Senator has said. "But why
10 don't you have that same bill? If it's good
11 enough for the goose, it's good enough for the
12 gander."
13 And I agree with Senator Flanagan.
14 The primary reason is to show them that if we're
15 going to force them -- and you might look at that
16 as sort of an unfunded mandate when you tell
17 local municipalities to stay within 2 percent.
18 We have saved millions of dollars in my Senate
19 district, in the 49th Senatorial District, for
20 our local constituents.
21 We've save billions across the State
22 of New York with the property tax cap. I was
23 proud to sponsor it. I'm sure many of you were
24 proud to vote for that property tax cap. And now
25 as the Senator has said, we've got to show we can
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1 stay within the same restrictions we ask of our
2 local elected officials and our constituents.
3 Because they're the most important part of this
4 representative democracy.
5 Thank you.
6 ACTING PRESIDENT CROCI: Senator
7 Tedisco to be recorded in the affirmative.
8 Announce the result.
9 THE SECRETARY: In relation to
10 Calendar 1, those recorded in the negative are
11 Senators Alcantara, Avella, Bailey, Comrie, Diaz,
12 Dilan, Gianaris, Hamilton, Hoylman, Krueger,
13 Latimer, Montgomery, Parker, Peralta, Perkins,
14 Rivera, Savino, Serrano, Squadron, Stavisky and
15 Stewart-Cousins.
16 Absent from voting: Senators Larkin
17 and Marcellino.
18 Ayes, 36. Nays, 21.
19 ACTING PRESIDENT CROCI: The bill
20 is passed.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Is there any
23 further business at the desk?
24 ACTING PRESIDENT CROCI: There is
25 no further business at the desk, Senator
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1 DeFrancisco.
2 SENATOR DeFRANCISCO: That being
3 the case, I now move that we adjourn until
4 Tuesday, January 10th, at 11:00 a.m.
5 ACTING PRESIDENT CROCI: On motion,
6 the Senate stands adjourned until Tuesday,
7 January 10th, at 11:00 a.m.
8 (Whereupon, at 4:44 p.m., the Senate
9 adjourned.)
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