Regular Session - January 9, 2017

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 9, 2017

11                     3:10 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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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 


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 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 


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 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 


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 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 


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 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 


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 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 


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 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; 


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 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 


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 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.


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 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 


                                                               140

 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.  


                                                               141

 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, 


                                                               142

 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 


                                                               143

 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 


                                                               144

 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.  


                                                               145

 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 


                                                               146

 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 


                                                               147

 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.


                                                               148

 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.


                                                               149

 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.  


                                                               150

 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 


                                                               151

 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 


                                                               152

 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 


                                                               153

 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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