Regular Session - February 28, 2017

                                                                   796

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                 February 28, 2017

11                     3:34 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PHIL BOYLE, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               797

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

 2                ACTING PRESIDENT BOYLE:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT BOYLE:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT BOYLE:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   February 27th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, 

19   February 26th, was read and approved.  On 

20   motion, Senate adjourned.

21                ACTING PRESIDENT BOYLE:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               798

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Floor Leader.

 7                SENATOR DeFRANCISCO:   Yes, 

 8   Mr. President, I move that the following bill be 

 9   discharged from its respective committee and be 

10   recommitted with instructions to strike the 

11   enacting clause.  That's Senate Bill Number 

12   2072, by Senator LaValle.

13                ACTING PRESIDENT BOYLE:   So 

14   ordered.

15                SENATOR DeFRANCISCO:   I also move 

16   that Senate Bill Number 2045 be discharged from 

17   its respective committee and be recommitted with 

18   instructions to strike the enacting clause.  

19   It's a bill by Senator Bonacic.

20                ACTING PRESIDENT BOYLE:   So 

21   ordered.

22                SENATOR DeFRANCISCO:   I also move 

23   that Senate 861 be discharged from its 

24   respective committee and be recommitted with 

25   instructions to strike the enacting clause.  


                                                               799

 1   This is a bill by Senator Ritchie.

 2                ACTING PRESIDENT BOYLE:   So 

 3   ordered.

 4                SENATOR DeFRANCISCO:   And on 

 5   page 16, I offer the following amendments to 

 6   Calendar Number 119, Senate Print 1134, by 

 7   Senator Marcellino, and ask that said bill 

 8   retain its place on the Third Reading Calendar.

 9                ACTING PRESIDENT BOYLE:   The 

10   amendments are received, and the bill will 

11   retain its place on the Third Reading Calendar.  

12                SENATOR DeFRANCISCO:   Can you 

13   please recognize Senator Valesky.

14                ACTING PRESIDENT BOYLE:   Senator 

15   Valesky.

16                SENATOR VALESKY:   Thank you, 

17   Mr. President.  

18                On behalf of Senator Peralta, I 

19   move that the following bills be discharged from 

20   their respective committees and be recommitted 

21   with instructions to strike the enacting clause:  

22   Senate Bills 332, 357, 358, and 472.

23                ACTING PRESIDENT BOYLE:   So 

24   ordered.

25                Floor Leader.


                                                               800

 1                SENATOR DeFRANCISCO:   Could you 

 2   please recognize Senator Gianaris.

 3                ACTING PRESIDENT BOYLE:   Senator 

 4   Gianaris.

 5                SENATOR GIANARIS:   Thank you, 

 6   Mr. President.  I have several motions.  

 7                I move that the following bills be 

 8   discharged from their respective committees and 

 9   be recommitted with instructions to strike the 

10   enacting clause:  Bill Numbers 3824 and 4371.

11                ACTING PRESIDENT BOYLE:   So 

12   ordered.

13                SENATOR GIANARIS:   I also move to 

14   recommit Senate Print 2762, Calendar Number 197, 

15   on the order of third reading, to the Committee 

16   on Health, with instructions to said committee to 

17   strike the enacting clause.

18                ACTING PRESIDENT BOYLE:   So 

19   ordered.

20                SENATOR GIANARIS:   On behalf of 

21   Senator Bailey, I move that the following bills 

22   be discharged from their respective committees 

23   and be recommitted with instructions to strike 

24   the enacting clause:  Senate Bill Numbers 3340 

25   and 3490.


                                                               801

 1                ACTING PRESIDENT BOYLE:   So 

 2   ordered.

 3                SENATOR GIANARIS:   On behalf of 

 4   Senator Krueger, I move that the following bill 

 5   be discharged from its respective committee and 

 6   be recommitted with instructions to strike the 

 7   enacting clause:  Senate 3190.

 8                ACTING PRESIDENT BOYLE:   So 

 9   ordered.

10                SENATOR GIANARIS:   And finally, on 

11   behalf of Senator Serrano, on page number 21 I 

12   offer the following amendments to Calendar Number 

13   182, Senate Print 3051, and ask that said bill 

14   retain its place on Third Reading Calendar.

15                ACTING PRESIDENT BOYLE:   The 

16   amendments are received, and the bill will retain 

17   its place on the Third Reading Calendar.

18                SENATOR GIANARIS:   Thank you.

19                ACTING PRESIDENT BOYLE:   Floor 

20   Leader.

21                SENATOR DeFRANCISCO:   I move to 

22   adopt the Resolution Calendar, with the exception 

23   of Resolution Numbers 799, 677, and 733.

24                ACTING PRESIDENT BOYLE:   All in 

25   favor of adopting the Resolution Calendar, with 


                                                               802

 1   the listed exceptions, signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BOYLE:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT BOYLE:   The 

 6   Resolution Calendar is adopted.

 7                Floor Leader.

 8                SENATOR DeFRANCISCO:   Now I'd like 

 9   to please take up Resolution 799, by Senator 

10   Klein.

11                ACTING PRESIDENT BOYLE:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 799, by Senators Klein, Hannon 

15   and Valesky, congratulating the expert surgical 

16   and medical providers of the Montefiore Health 

17   System, The Children's Hospital at Montefiore, on 

18   the successful surgery that separated the 

19   conjoined McDonald twins.  

20                "WHEREAS, It is the sense of this 

21   Legislative Body that those who give outstanding 

22   service to the people of the Empire State and 

23   whose exceptional achievements save the lives of 

24   their fellow citizens should be congratulated; 

25   their extraordinary efforts so profoundly  


                                                               803

 1   strengthen our shared commitment to family and 

 2   community life; and 

 3                "WHEREAS, Attendant to such concern,  

 4   and in full accord with its long-standing 

 5   traditions, this Legislative Body is justly proud  

 6   to congratulate the expert surgical and medical 

 7   providers of the Montefiore Health System, 

 8   The Children's Hospital at Montefiore, on the 

 9   successful surgery that separated the conjoined 

10   McDonald twins; and 

11                "WHEREAS, Montefiore Health System 

12   is both a premier academic medical center and the 

13   University Hospital for the Albert Einstein  

14   College of Medicine, serving the 3.1 million 

15   people living in the New York City region and the 

16   Hudson Valley; it combines nationally recognized 

17   clinical excellence with expertise in 

18   accountable, value-based care which focuses on 

19   patients, their families and the community; this  

20   vital system includes The Children's Hospital at 

21   Montefiore (CHAM), the only hospital in the Bronx 

22   exclusively dedicated to meeting the healthcare 

23   needs of children; and 

24                "WHEREAS, Located in the Bronx, CHAM 

25   is a leading academic children's hospital, 


                                                               804

 1   nationally renowned for its clinical excellence, 

 2   innovative research and commitment to the 

 3   community and children of the Bronx, as well as 

 4   to the pediatricians and pediatric subspecialists 

 5   since opening in 2001; and 

 6                "WHEREAS, On October 14, 2016, a 

 7   team of approximately 50 expert surgical and 

 8   medical providers at CHAM completed the last  

 9   surgery that successfully separated 13-month-old  

10   craniopagus twin boys, Jadon and Anias McDonald; 

11   and   

12                "WHEREAS, James T. Goodrich, M.D., 

13   Ph.D., D.Sci. (Hon.), director, Pediatric   

14   Neurosurgery, CHAM, and professor, Clinical  

15   Neurological Surgery, Pediatrics and Plastic and 

16   Reconstructive Surgery, Albert Einstein College 

17   of Medicine, and Oren Tepper, M.D., director, 

18   Craniofacial and Aesthetic Surgery, Montefiore, 

19   and assistant professor of surgery, Albert 

20   Einstein College of Medicine, led the team 

21   through four surgeries over the course of 

22   10 months at CHAM; and 

23                "WHEREAS, The multidisciplinary team 

24   consisted of Dr. Goodrich, Dr. Tepper, Joaquim M. 

25   Farinhas, M.D., neuroradiologist, Department of 


                                                               805

 1   Radiology, Montefiore, and Kamilah A. Dowling,   

 2   D.N.P., nurse practitioner, Division of Pediatric 

 3   Neurosurgery, CHAM, planned each stage of the 

 4   separation using innovative virtual planning 

 5   technology to create 3D models of the boys' 

 6   brains and skulls; and 

 7                "WHEREAS, Additionally, the 

 8   Pediatric Intensive Care Unit and the entire CHAM 

 9   staff provided both pre- and post-surgery care to 

10   the McDonald siblings; this is the first time the 

11   team used virtual planning and 3D printing 

12   technologies in a series of highly complex 

13   surgeries; the models were used as guides for the 

14   procedures, allowing the team to carefully plan 

15   each stage in advance, mapping out the boys' 

16   anatomy prior to incision; and 

17                "WHEREAS, The McDonald boys are the 

18   seventh set of craniopagus conjoined twins Dr.  

19   Goodrich and the CHAM staff have successfully 

20   separated with various surgical teams from around 

21   the world; out of the seven surgeries, two were 

22   performed in the Bronx; and 

23                "WHEREAS, Dr. Goodrich and his 

24   medical personnel at CHAM have now consulted on a 

25   total of 21 sets of craniopagus conjoined twins; 


                                                               806

 1   each set of separations has resulted in good 

 2   outcomes with no deaths or severe morbidities; 

 3   and 

 4                "WHEREAS, Jadon and Anias McDonald 

 5   are still recovering and will likely spend 

 6   several months getting rehabilitation therapies, 

 7   strengthening their bodies, and continuing to 

 8   develop their distinct personalities; the boys 

 9   will return to CHAM regularly for follow-up care 

10   with Dr. Tepper and Dr. Goodrich, who will both 

11   continue to closely monitor the boys' progress; 

12   and 

13                "WHEREAS, Montefiore Health System 

14   combines clinical and academic experience by 

15   pushing the boundaries of current research and 

16   continuing to be a leader in innovation and 

17   technology, allowing for the successful 

18   separation of the McDonald twins; and 

19                "WHEREAS, This Legislative Body 

20   cannot express sufficient gratitude to those 

21   devoted and skilled individuals who recognize 

22   that the preservation of life is a sacred 

23   responsibility and who make that responsibility 

24   their own by serving as gifted surgeons and 

25   exceptional medical staff; now, therefore, be it 


                                                               807

 1                "RESOLVED, That this Legislative 

 2   Body pause in its deliberations to congratulate 

 3   the expert surgical and medical providers of the 

 4   Montefiore Health System, The Children's Hospital 

 5   at Montefiore, on the successful surgery that 

 6   separated the conjoined McDonald twins; and be it 

 7   further 

 8                "RESOLVED, That copies of this  

 9   resolution, suitably engrossed, be transmitted to 

10   the aforementioned surgeons and medical personnel 

11   of the Montefiore Health System, The Children's 

12   Hospital at Montefiore, and to the McDonald 

13   family."

14                ACTING PRESIDENT BOYLE:   Senator 

15   Klein.

16                SENATOR KLEIN:   Thank you, 

17   Mr. President.

18                This is a very proud moment.  I 

19   think everyone in the chamber who's listening 

20   knows about the conjoined twins, that the 

21   operation was performed at an institution that 

22   I'm very proud of that's in my home borough, 

23   Montefiore.  

24                I think everyone knows the 

25   importance of Montefiore in providing a very 


                                                               808

 1   important economic engine in the Bronx.  While 38 

 2   percent of the people employed in the Bronx are 

 3   employed in the healthcare profession, the 

 4   largest single employer in the Bronx is the 

 5   Montefiore Medical Center.

 6                We have with us some very special 

 7   guests that also show, besides being an economic 

 8   engine, it's also a world-class healthcare 

 9   institution.  We have with us Dr. Safyer, the CEO 

10   of Montefiore; Dr. Tepper; Dr. Goodrich; Kamilah 

11   Dowling, DNP, neurosurgery; Martine Bouzi, NP, 

12   plastic surgery; Jack Farinhas, neuroradiologist; 

13   Glenn Mann, anesthesia; Esther Uy, R.N., 

14   operating room; and Nicole McDonald, of course, 

15   the very, very famous mom of the twins.  

16                Let's all recognize them, 

17   everybody.

18                (Extended standing ovation.)

19                SENATOR KLEIN:   I also think you 

20   know, Mr. President, that this was not your 

21   average surgery.  The team was led through four 

22   surgeries, over 10 months, by Dr. James Goodrich 

23   and Dr. Oren Tepper, and they did of course 

24   extraordinary work.  

25                And now we're very lucky that we 


                                                               809

 1   have two very special people, who I believe now 

 2   are residing in the Bronx, Jadon and Anias, and I 

 3   know our best wishes go to the two of them.  

 4                And this really, I think, sort of 

 5   talks about what it means to have first-class 

 6   healthcare institutions, not only that are 

 7   recognized in the borough of the Bronx but really 

 8   throughout the state, throughout the United 

 9   States.  And I'm very proud that this wonderful 

10   team at The Children's Hospital at Montefiore, 

11   were able to really perform this very, very 

12   important operation for the two McDonald boys, 

13   and we wish them the best.  

14                Thank you all.

15                ACTING PRESIDENT BOYLE:   Senator 

16   Hannon.

17                SENATOR HANNON:   Thank you, 

18   Mr. President.

19                To the men and women of Montefiore, 

20   congratulations on extraordinary accomplishments.  

21                But I just also wanted to mark this 

22   time when you're visiting here, with your 

23   president, Steven Safyer, of what you have done 

24   for healthcare in this state as a model.  I first 

25   visited over 20 years ago to Montefiore and 


                                                               810

 1   learned exactly the great healthcare delivery to 

 2   the whole system in the Bronx and beyond that, 

 3   visited for the amount of work you did in 

 4   electronic medical records, in research, know 

 5   what you're doing in regard to your affiliation 

 6   with Einstein, know what you're doing for 

 7   population health -- truly a leader, not just for 

 8   the Bronx but for this state in regard to what 

 9   hospitals can be and will be.  

10                So thank you for all you've done, 

11   and congratulations on being here.

12                ACTING PRESIDENT BOYLE:   Senator 

13   Díaz.

14                SENATOR DÍAZ:   Thank you, 

15   Mr. President.

16                Mr. President, I would like to join 

17   Senator Klein, and thank him, for bringing to our 

18   attention the work and the marvelous things that 

19   Montefiore has done for the Bronx County 

20   specifically.  As a Puerto Rican, Hispanic, there 

21   are so many Hispanics, minorities, employed by 

22   Montefiore in the Bronx, so many with health 

23   issues have been there.  And Montefiore has been 

24   one of those institutions that has helped us in 

25   the Bronx to bring back the Bronx.  


                                                               811

 1                See, the Bronx used to be rejected 

 2   by everyone -- especially the South Bronx.  The 

 3   Bronx used to be the laughingstock.  But no 

 4   longer the Bronx is a laughingstock.  Montefiore, 

 5   the people from Montefiore has been instrumental 

 6   in giving us, in the Bronx, a new vision, a new 

 7   perspective, a new image in the whole country and 

 8   the whole world.

 9                So I thank the Montefiore people, 

10   and I thank Senator Jeff Klein for allowing us to 

11   recognize the achievements of Montefiore.  As 

12   Senator Klein says, it's the biggest employer in 

13   the Bronx.  

14                And also, on behalf of my son, the 

15   Bronx borough president, I would like to thank 

16   Montefiore for helping the Bronx president in 

17   doing the Bronx Ball.  That's an event where 

18   people -- stars and dignitaries that have been 

19   part of the Bronx and have -- in one way or 

20   another, they have made the Bronx, they left or 

21   were born in the Bronx.  So to recognize them, 

22   and Montefiore is a major part of that.  

23                So people from Montefiore, thank you 

24   very much.  From this Puerto Rican, from 

25   Bayamón, Puerto Rico, with kinky hair and broken 


                                                               812

 1   language --

 2                (Laughter.)

 3                SENATOR DÍAZ:   -- I want to tell 

 4   you thank you very much.

 5                ACTING PRESIDENT BOYLE:   Thank you, 

 6   Senator.

 7                Senator Bailey.

 8                SENATOR BAILEY:   Thank you, 

 9   Mr. President.  On the resolution.

10                I would also like to thank Senator 

11   Klein for recognizing Montefiore Medical Center, 

12   as it is in my district.  

13                So I take a personal privilege, if 

14   that's allowed, to congratulate you for the work 

15   that you do not only in the district.  You have 

16   not just the Bronx portion, you have a Mount 

17   Vernon location, which is servicing a 

18   well-deserving and well-needed area up there.

19                It's not just about the surgery that 

20   was performed with the twins.  It's about your 

21   consistent commitment to healthcare, and to the 

22   people of the Bronx and all Westchester, in my 

23   district.  Not just employment-wise, but to 

24   their -- to -- you know, we're talking about 

25   educating the whole child.  We talk about making 


                                                               813

 1   sure that the whole person is healthy.  

 2                And your initiatives, the Shop 

 3   Healthy initiative that you are making sure that 

 4   commercial corridors are -- we're trying to 

 5   improve health -- greater access to healthy food 

 6   in my district and beyond.  Your commitment to 

 7   that alone makes me rise.  

 8                But it's such a momentous occasion.  

 9   And may God -- God certainly blessed all of the 

10   hands who were involved in this amazing endeavor.  

11   And may God continue to bless your hands as you 

12   go forward and do many, many more.

13                Thank you.

14                ACTING PRESIDENT BOYLE:   Senator 

15   Serrano.

16                SENATOR SERRANO:   Thank you, 

17   Mr. President.  

18                And I just wanted to mention and say 

19   thank you to the incredible team from Montefiore 

20   and the McDonald family.  As a dad -- my wife and 

21   I, we have two small children, and we followed 

22   the story of the McDonald twins so closely.  We 

23   were praying, but so fascinated on the amount of 

24   strength that the mom and dad have and the amount 

25   of courage that these two little boys have.  


                                                               814

 1                And also in wonder and awe of the 

 2   ingenuity and the expertise of the medical team 

 3   involved, to undertake such an amazing feat to 

 4   change the lives of these two young boys.  And, 

 5   you know, I think about my son and I think about 

 6   my daughter, and it really is so -- we're so 

 7   inundated with negative news, unfortunately.  But 

 8   to see something that is so positive and so 

 9   reaffirming to the importance of life and the 

10   will that these two young boys have.  

11                And, you know, also I -- as a born 

12   and raised Bronxite, a level of pride to know 

13   that this amazing medical team is from my home 

14   borough.  And that this institution, Montefiore, 

15   is known as a place to undertake these types of 

16   endeavors which others may not be able to do.  

17                And it really is amazing to see how 

18   well those boys are doing.  And again, it's just 

19   an amazing story that I think we should all focus 

20   on instead of so much of the negativity that goes 

21   on.

22                Thank you.

23                ACTING PRESIDENT BOYLE:   Thank you, 

24   Senator Serrano.

25                The question is on the resolution.  


                                                               815

 1   All in favor signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BOYLE:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT BOYLE:   The 

 6   resolution is adopted.  

 7                I'd like to thank our guests from 

 8   the Montefiore community for their life-saving 

 9   work and for gracing us with your presence.

10                Mr. Floor Leader.

11                SENATOR DeFRANCISCO:   I'd just like 

12   to point out that this resolution is open for 

13   cosponsorship.

14                ACTING PRESIDENT BOYLE:   The 

15   resolution is open for cosponsorship.  If you do 

16   not wish to be a cosponsor, please notify the 

17   desk.  

18                Floor Leader.

19                SENATOR DeFRANCISCO:   Yes, if we 

20   can now take up Resolution 677, by Senator 

21   Akshar, read the title only, and call on 

22   Senator Akshar, please.

23                ACTING PRESIDENT BOYLE:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               816

 1   Resolution Number 677, by Senator Akshar, 

 2   congratulating the Maine-Endwell Little League 

 3   Team upon the occasion of capturing the Little 

 4   League World Championship on August 28, 2016.

 5                ACTING PRESIDENT BOYLE:   Senator 

 6   Akshar.

 7                SENATOR AKSHAR:   Mr. President, 

 8   thank you for your indulgence.  I've been looking 

 9   forward to this day since the end of August.  I 

10   think, quite frankly, that I've been living 

11   vicariously through these young men since the day 

12   they won their championship.

13                I'm proud today to be joined in this 

14   great house, in this great chamber, by the 2016 

15   Little League World Champions from Maine-Endwell, 

16   right in SD 52.  They've been to some pretty cool 

17   places over the last few months -- the World 

18   Series, Yankee Stadium, NFL football games -- so 

19   this might not be the fanciest of their trips, 

20   but nonetheless I'm excited for them to be here.  

21                When I call your name, please just 

22   stand, okay?  Today we're joined by Jude, Brody, 

23   Michael, Jordan, Connor, Justin and Jack, James 

24   and Jayden, nine out of the 11 players who won 

25   the World Series championship.  Unfortunately, 


                                                               817

 1   Ryan Harlost and Billy Dundon were not able to 

 2   make the trip.

 3                I had the good fortune of being able 

 4   to travel to Williamsport on three different 

 5   occasions.  One time it was all for naught 

 6   because we got rained out.  Mitch turned us 

 7   around when we pulled into town, we had a good 

 8   lunch, and then we came back a few days later.  

 9   Lucky for us, Williamsport is only about 

10   115 miles from the Southern Tier, so it was an 

11   easy trip.  

12                Walking into the stadium is 

13   remarkable.  There is no seating room.  There's a 

14   hill full of thousands of spectators.  There's a 

15   few hundred more people riding down a hill on 

16   cardboard sleds, which is incredible in and of 

17   itself.  The energy is out of this world, and I 

18   was truly inspired.

19                And yet as you look out onto the 

20   field, ESPN cameras everywhere that you look, I 

21   saw these young men, in addition to two of their 

22   colleagues, who were calm, focused, collected, 

23   confident.  And to sum it up, they walked around 

24   with their M-E swagger.  They looked unstoppable.  

25                Their accomplishments, quite 


                                                               818

 1   frankly, are beyond impressive.  They won the 

 2   Mid-Atlantic Regional Championship.  They went on 

 3   to take the United States Little League title.  

 4   And then they defeated a very big South Korea, 

 5   very big South Korea.  The kids are supposed to 

 6   be 12, they look like they're 32.  

 7                (Laughter.)

 8                SENATOR AKSHAR:   They did that with 

 9   style, grace, honor and sportsmanship.  They took 

10   the responsibility of representing Maine-Endwell 

11   to heart, but they also took great pride in 

12   representing the people of this great state and 

13   quite frankly, ultimately, the people of the 

14   United States of America.

15                And I'm not sure you could have done 

16   it any better.  You've done the people of this 

17   state very proud and the people of this great 

18   nation incredibly proud.

19                Most importantly, in addition to 

20   winning the Little League World Series, they 

21   received, by unanimous vote, the Little League 

22   Baseball World Series Team Sportsmanship Award, 

23   which is something that they should be incredibly 

24   proud of.  And as I spent time with their mothers 

25   and their fathers and their coaches and people 


                                                               819

 1   from the community, they were incredibly happy 

 2   and honored that they had won the Little League 

 3   World Series, but they were deeply proud of these 

 4   young men for their sportsmanship award.

 5                My hat goes off to the coaches, 

 6   Scott, Joe, Joe and Matt.  The dedication and 

 7   commitment you've had towards the team and these 

 8   kids, you have shaped some honorable young men.  

 9   My hat is off to you.  Congratulations to all of 

10   you.  

11                Maine-Endwell Little League 

12   President Mitch Gorton, who's with us, Mitch, my 

13   hat is off to you as well.  I know how much work 

14   that you and your team did in terms of rallying 

15   the community, getting everybody together.  

16                I have no idea how many T-shirts 

17   Mitch had to buy, but he bought thousands of 

18   T-shirts to keep the people in the Southern Tier 

19   happy and keep them in their legendary T-shirts.  

20                Steven Donnelly, incredible work.  

21   Thank you for everything you've done for the team 

22   in terms of handling the media, the needs of the 

23   community.  Thank you for everything that you've 

24   done.  

25                And finally, the parents of these 


                                                               820

 1   fine young men.  We watched your emotions during 

 2   the tournament.  We were glad to be with you.  

 3   What this team did was never possible without 

 4   your support.  These fine young men are who they 

 5   are because of the foundation that you've set for 

 6   them.  My hat is off -- this is exactly what the 

 7   State of New York needs.  We need young people 

 8   like this coming up.  This is the next generation 

 9   of good people.  And that doesn't happen without 

10   your love and your support.  So thank you very 

11   much.

12                And finally, I'll say this.  I have 

13   a challenge coin that I give to young people at 

14   home.  And on one side, of course, it's got a 

15   picture of the Capitol and my name, and on the 

16   other side it says two things.  It says "Work 

17   Hard and Dream Big."  And you did that this 

18   summer.  You worked hard, you dreamt big, and you 

19   showed everybody what you can accomplish if you 

20   do those two things.  

21                And I'm here to tell you, you will 

22   forever take this in your life.  But if you 

23   continue to do the things you did this summer, 

24   you will be very, very successful men in our 

25   community.


                                                               821

 1                Mr. President, I would ask that when 

 2   we're through here, you extend all the courtesies 

 3   of the house to the team, their coaches, and 

 4   their beautiful, loving families.

 5                Thank you very much.

 6                ACTING PRESIDENT BOYLE:   Thank you, 

 7   Senator Akshar.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, I just 

10   want to echo what Senator Akshar had just 

11   mentioned.  

12                It's rare that we have the best in 

13   the world, the best in the world in these 

14   chambers.  Think about that.  The best in the 

15   world, and you're only, at most, 13 years old, 

16   right?

17                Well, what this does for you at this 

18   point in time is two things.  Number one, the 

19   people that helped you get through this 

20   process -- your teammates, your coaches, the 

21   administrators -- you're going to be friends for 

22   the rest of your lives.  You're going to be close 

23   friends.  

24                And the stories of what you did -- 

25   at least in my case, the stories of what I did 


                                                               822

 1   got grander and grander as I went on.  But you 

 2   don't have to do that.  You're already the best 

 3   in the world.  You don't have to embellish 

 4   anything.

 5                And it's so wonderful -- and Senator 

 6   Akshar mentioned it -- to be at Williamsport.  If 

 7   you haven't been there for a Little League World 

 8   Series and you have any -- even if you don't like 

 9   baseball, it's the most wonderful thing to see 

10   young people act in a sportsmanlike manner and 

11   have fun and accomplish great things.  It's 

12   wonderful, a wonderful experience, and you should 

13   go.

14                Lastly, and I mentioned this to you 

15   a moment ago, with the basis that you have now in 

16   your success and your ability to concentrate on a 

17   goal, you're going to be great in whatever you 

18   decide to do.  You may not get to be 6'10" and be 

19   able to dunk a basketball, but whatever you 

20   really want to do, you're going to be in a 

21   situation where you can accomplish it.

22                And if you were listening at all to 

23   the last resolution, the doctors there -- there 

24   were two babies, twins, born together, attached.  

25   This group of doctors and nurses and medical 


                                                               823

 1   professionals actually separated those twins so 

 2   they are separate human beings being able to live 

 3   a normal life.  

 4                Those are the exceptional things 

 5   that you have ahead of you, whatever your goals 

 6   may be.  So congratulations and, more 

 7   importantly, congratulations for all of your 

 8   future successes, which I know are going to 

 9   happen.

10                Thank you.

11                ACTING PRESIDENT BOYLE:   Thank you, 

12   Senator.

13                Senator Little.

14                SENATOR LITTLE:   Thank you.

15                I would just like to congratulate 

16   you on what you have accomplished.  It's no small 

17   thing to go from tournament to tournament, higher 

18   and higher and higher, and continue to focus on 

19   your game and to really play your best and 

20   celebrate one victory after another without 

21   losing that focus.  So congratulations.  

22                And I also want to congratulate your 

23   families.  As the mother of six children, I spent 

24   18 consecutive years in Little League, between 

25   girls and boys.  


                                                               824

 1                (Laughter.)

 2                SENATOR LITTLE:   And I will tell 

 3   you, sitting on the bench and listening to the 

 4   games and wanting your kids to do well, and 

 5   seeing some of the things that go on, I'm just so 

 6   proud that you got the sportsmanship award too.  

 7   That's as good as winning the whole tournament.

 8                So congratulations, and 

 9   congratulations to your families for sitting 

10   through all those games and biting all your 

11   fingernails off and everything else, and hoping 

12   that they accomplished what they wanted to do.  

13   But what fun seeing them achieve this.

14                Thank you.

15                ACTING PRESIDENT BOYLE:   Thank you, 

16   Senator Little.

17                Senator Tedisco.

18                SENATOR TEDISCO:   Yes, I too want 

19   to congratulate all the outstanding players for 

20   this unbelievable achievement from Maine-Endwell.  

21                And the irony here is -- and I want 

22   to congratulate the parents and the coaches and 

23   those who run this league -- I'm sitting next to 

24   a Senator, we may be the only two in this room 

25   who had a World Championship Little League team 


                                                               825

 1   in their district.  Because I represent the City 

 2   of Schenectady, who in 1954 won the World 

 3   Championship Little League for the world.  

 4                And I'll tell you what's going to 

 5   happen, guys.  You will probably stay friends for 

 6   the rest of your life.  I hope you'll stay in 

 7   contact.  But in 50 years -- because in 2004, 

 8   they brought all of the living Little League 

 9   World Champions to Cooperstown and honored them 

10   for their 50th anniversary of winning the world 

11   championship.  

12                So I hope you can wait for that 

13   now -- 

14                (Laughter.)

15                SENATOR TEDISCO:   -- because 

16   they're going to call you back over the years.  

17   And this is something that somebody can never 

18   take away from you, an outstanding achievement.  

19                And I was proud to represent -- and 

20   I know a lot of the guys who are still around 

21   there who won that world championship.  In fact, 

22   Boog Powell played on one of the teams that got 

23   them to the world championship.  You know, he's 

24   the guy who hit a lot of home runs and was a 

25   slugger as a professional.  


                                                               826

 1                And we may be watching you someday, 

 2   standing up there with the New York Yankees or 

 3   one of those teams, even the Boston Red Sox, 

 4   maybe -- we hope not.  We hope it's the 

 5   Yankees -- but you may be in the professionals 

 6   someday.  Or some of the teams you played against 

 7   to get there, some of those guys may go on to do 

 8   what Boog Powell has done.

 9                But again, I'm honored to honor you 

10   today and very proud to have a world championship 

11   team from Schenectady.  And congratulations for 

12   the great achievement you've had.

13                Thank you.

14                ACTING PRESIDENT BOYLE:   Thank you.

15                Senator Bailey.

16                SENATOR BAILEY:   Thank you, 

17   Mr. President.

18                So as a New York Mets fan, thank you 

19   for bringing a baseball championship to the State 

20   of New York that I can actually root for.  

21                (Laughter.)

22                SENATOR BAILEY:   It's been a while; 

23   '86 was a long time ago.  I was 4 years old when 

24   the Mets last won.  

25                But baseball is something that -- it 


                                                               827

 1   was my first sport.  It was what taught me about 

 2   team building and sportsmanship.  And the reality 

 3   is that I hope you all enjoy each other's 

 4   company, but whether you do or not is not what's 

 5   important.  It's that you came together as a team 

 6   and that you understood what the goal was.  

 7   Because at the end of the day, whether you're on 

 8   this side of the aisle, that side of the aisle, a 

 9   4-6-3 double play is 4-6-3 double play.  At the 

10   end of the day, when you're playing baseball, in 

11   between those lines, you know, that's something 

12   that we can all agree on.  

13                So I thank you for bringing a nice 

14   moment of levity to the Capitol.  Senator Akshar, 

15   thank you for bringing them up here.  And to 

16   their families, thank you for supporting them.  

17                As the father of two young daughters 

18   who will be great baseball players -- don't tell 

19   my wife I said that, even though she's probably 

20   watching right now.  I hope she's watching -- 

21   it's really important for young folks to get 

22   involved in sports, because again, it teaches 

23   them about self.  

24                And as you progress to great heights 

25   in other fields, and hopefully the professional 


                                                               828

 1   baseball ranks -- I'm going to look out for you 

 2   there -- but as you ascend to great heights, I 

 3   just hope that you keep that in mind and keep up 

 4   the good work.  And many more championships.  

 5                Thank you.

 6                ACTING PRESIDENT BOYLE:   Thank you.  

 7                The question is on the resolution.  

 8   All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT BOYLE:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT BOYLE:   The 

13   resolution is adopted.

14                So please let's have a warm welcome, 

15   and congratulations to the coaching staff, the 

16   families, and most importantly, the Maine-Endwell 

17   Little League Team.  Congratulations, gentlemen.  

18                (Extended standing ovation.)

19                ACTING PRESIDENT BOYLE:   Mr. Floor 

20   Leader.

21                SENATOR DeFRANCISCO:   Would you 

22   please open that resolution for cosponsorship.

23                ACTING PRESIDENT BOYLE:   The 

24   resolution is open for cosponsorship.  If you do 

25   not wish to be a cosponsor, please notify the 


                                                               829

 1   desk.

 2                Floor Leader.

 3                SENATOR DeFRANCISCO:   Now can we 

 4   take up Resolution 394, by Senator Golden, read 

 5   the title only, and then call on Senator Golden.

 6                ACTING PRESIDENT BOYLE:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 394, by Senator Golden, 

10   memorializing Governor Andrew Cuomo to proclaim 

11   September 2017 as Kinship Care Month in the State 

12   of New York.

13                ACTING PRESIDENT BOYLE:   Senator 

14   Golden.

15                SENATOR GOLDEN:   Thank you, 

16   Mr. President.

17                I recognize today in proclaiming 

18   September 2017 Kinship Care Month in the State of 

19   New York.

20                I'd first like to recognize some 

21   champions of kinship care -- Rae Glaser, Gerry 

22   Wallace, and Ryan Johnson, all of whom worked so 

23   tirelessly for the kinship cause.  And I thank 

24   them.

25                Then you have Cynthia Fountain, 


                                                               830

 1   who's here with us today.  Cynthia has been a 

 2   kinship caregiver for quite some time, raising 

 3   two grandsons, Miles and Mallachi, both 

 4   special-needs children.  Unfortunately, Miles 

 5   passed away, but Mallachi is presently finishing 

 6   high school.  

 7                And she also raised two 

 8   granddaughters, Mariah, an MSW social worker in 

 9   Westchester, and Belle, who is presently a 

10   freshman at Mercy College.  

11                Another great champion of kinship 

12   care.  God bless you, Cynthia.  

13                Kinship caregivers are truly 

14   selfless in their hearts and in their desire to 

15   make sure they take care of those children of 

16   need.  In their desire, they step up and step in 

17   and they do the right thing in raising these 

18   children when their parents may have died -- such 

19   as in Cynthia's case.  And also losing one of 

20   those siblings, very, very painful.  But she did 

21   the right thing.  

22                And some parents are just unable to 

23   raise their kids, and this kinship care steps in, 

24   steps up, and does the right thing in giving 

25   these kids the support that they need.


                                                               831

 1                We all know that children need 

 2   stability and nurturing in their lives, so they 

 3   can grow to be productive members of society.  

 4   Kinship care allows them to live in a caring 

 5   family environment and to have the opportunities 

 6   to flourish that they may never have had.

 7                 Gerry, Ryan, Cynthia.  God bless 

 8   you.  Thank you.  And continue that drive to 

 9   fight to raise those children and give them the 

10   proper home and that care and love.  I thank you 

11   for doing what you've done.  

12                If the conference could join me in 

13   giving them a round of applause, please, for the 

14   great work that they've been able to do, these 

15   parents up here. 

16                (Standing ovation.)

17                SENATOR GOLDEN:  And if you could 

18   open that up, please, for the rest of the body to 

19   sign on.   

20                ACTING PRESIDENT BOYLE:   Yes, the 

21   resolution is open for cosponsorship.  If anybody 

22   does not wish to be a cosponsor, please notify 

23   the desk.

24                Floor Leader.

25                SENATOR DeFRANCISCO:   Yes, there's 


                                                               832

 1   one more resolution, by Senator Kennedy.

 2                ACTING PRESIDENT BOYLE:   The 

 3   Secretary will read.  Title only, please.

 4                SENATOR DeFRANCISCO:   I'm trying to 

 5   find it at the moment.

 6                ACTING PRESIDENT BOYLE:   733, is 

 7   it? 

 8                SENATOR DeFRANCISCO:   Oh, here it 

 9   is.  I had the wrong sheet.  Resolution 733, by 

10   Senator Kennedy.  Title only, please, and call on 

11   Senator Kennedy.

12                ACTING PRESIDENT BOYLE:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 733, by Senator Kennedy, 

16   mourning the death of Casimiro D. "Miro" 

17   Rodriguez, Jr., a Latin music vocalist, band 

18   leader, producer and devoted member of his 

19   community.

20                ACTING PRESIDENT BOYLE:   Senator 

21   Kennedy.

22                SENATOR KENNEDY:   Thank you, 

23   Mr. President.  

24                I rise today to honor the life of 

25   Casimiro Rodriguez, Jr., an internationally 


                                                               833

 1   renowned Latin composer, producer, and 

 2   bandleader, as well as a dedicated father, 

 3   grandfather, and husband.  

 4                Casimiro Rodriguez, Jr. -- or Miro, 

 5   as many knew him -- was the son of lifetime 

 6   advocate, president and founder of the Hispanic 

 7   Heritage Council of Western New York, my friend 

 8   Casimiro D. "Cas" Rodriguez, Sr.

 9                Miro spent his life dedicated to 

10   music, and his talent was truly undeniable.  By 

11   the time he was 15, Miro was stealing the stage 

12   singing salsa refrains for local Christian bands.  

13                Born in Buffalo, Miro was a graduate 

14   of West Seneca East High School, where his love 

15   of Latin soul music, salsa, and percussion 

16   instruments only grew.

17                After graduation, Miro left Buffalo 

18   to pursue his music career in Ohio, where he 

19   became the lead singer for multiple groups, 

20   including Su Orquesta, who performed with him at 

21   the widely acclaimed Salsa meets Symphony in 

22   2014, with the Buffalo Philharmonic Orchestra.  

23                Miro devoted his life to his family, 

24   his music, and our community.  In 2016, inspired 

25   by his wife, Beatrice, Miro founded a production 


                                                               834

 1   company to showcase his own music and that of 

 2   upcoming independent salsa artists.  

 3                To hear Miro's music is to know the 

 4   passion that he felt for it.  And though we mourn 

 5   his loss, we thank him for the joy he brought 

 6   with his music and unwavering commitment to the 

 7   community.  

 8                Miro is survived by his wife, 

 9   Beatrice; his sons, Sebastian, Luis, Eldon, and 

10   Justin; his parents, Bedzaida and Cas; his three 

11   siblings, Pedro, Jose and Marisol; and one 

12   granddaughter.

13                The loss of Miro is not only a loss 

14   to those who knew him but to all of Western 

15   New York and to the musical community at large.  

16   Our deepest condolences and our prayers remain 

17   with his family.  May Miro Casimiro Rodriguez, 

18   Jr., rest in peace.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT BOYLE:   Thank you, 

21   Senator Kennedy.

22                The question is on the resolution. 

23   All in favor signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT BOYLE:   Opposed?  


                                                               835

 1                (No response.)

 2                ACTING PRESIDENT BOYLE:   The 

 3   resolution is adopted.

 4                Floor Leader.

 5                SENATOR DeFRANCISCO:   Yes, can we 

 6   now take up the noncontroversial reading of the 

 7   calendar.

 8                ACTING PRESIDENT BOYLE:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 6, 

11   by Senator Amedore, Senate Print 973, an act to 

12   amend Chapter 116 of the Laws of 2016.

13                ACTING PRESIDENT BOYLE:   There is a 

14   home rule message at the desk.  

15                The Secretary will read the last 

16   section.  

17                THE SECRETARY:   Section 2.  This 

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

19   same manner as Chapter 116 of the Laws of 2016.

20                ACTING PRESIDENT BOYLE:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BOYLE:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 61.


                                                               836

 1                ACTING PRESIDENT BOYLE:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 67, 

 4   by Senator Murphy, Senate Print 301, an act to 

 5   amend the Penal Law.

 6                ACTING PRESIDENT BOYLE:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 90th day.

10                ACTING PRESIDENT BOYLE:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BOYLE:   Announce 

14   the result.

15                THE SECRETARY:   In relation to 

16   Calendar 67, those recorded in the negative are 

17   Senators Bailey, Comrie, Dilan, Hoylman, Krueger, 

18   Montgomery, Parker, Persaud, Rivera, Sanders, 

19   Serrano and Squadron.  

20                Ayes, 49.  Nays, 12.

21                ACTING PRESIDENT BOYLE:   The bill 

22   is passed.

23                THE SECRETARY:   Also Senator 

24   Hamilton.  

25                Ayes, 48.  Nays, 13.


                                                               837

 1                ACTING PRESIDENT BOYLE:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 75, 

 4   by Senator Golden, Senate Print 814A, an act to 

 5   amend the Penal Law.

 6                ACTING PRESIDENT BOYLE:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect on the first of November.

10                ACTING PRESIDENT BOYLE:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BOYLE:   Announce 

14   the result.

15                THE SECRETARY:   In relation to 

16   Calendar Number 75, those recorded in the 

17   negative are Senator Comrie, Hamilton, 

18   Montgomery, and Sanders.

19                Ayes, 57.  Nays, 4.

20                ACTING PRESIDENT BOYLE:   The bill 

21   is passed.

22                THE SECRETARY:   Also Senator 

23   Bailey.

24                Ayes, 56.  Nays, 5.

25                ACTING PRESIDENT BOYLE:   The bill 


                                                               838

 1   is passed.

 2                THE SECRETARY:   Calendar Number 89, 

 3   by Senator Ranzenhofer, Senate Print 2317, an act 

 4   to amend the Alcoholic Beverage Control Law.

 5                ACTING PRESIDENT BOYLE:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect on the first of January.

 9                ACTING PRESIDENT BOYLE:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BOYLE:   Announce 

13   the result.

14                THE SECRETARY:   Ayes, 57.  Nays, 4.  

15   Senators Comrie, Montgomery, Parker and Sanders 

16   recorded in the negative.

17                ACTING PRESIDENT BOYLE:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 98, 

20   by Senator Klein, Senate Print 1787, an act to 

21   amend the Executive Law.

22                ACTING PRESIDENT BOYLE:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               839

 1                ACTING PRESIDENT BOYLE:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BOYLE:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 7   Senator Montgomery recorded in the negative.  

 8                ACTING PRESIDENT BOYLE:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   120, by Senator Marcellino, Senate Print 1293, an 

12   act to amend the Real Property Tax Law.

13                ACTING PRESIDENT BOYLE:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BOYLE:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BOYLE:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT BOYLE:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               840

 1   130, by Senator LaValle, Senate Print 3530, an 

 2   act to amend the Real Property Tax Law.

 3                ACTING PRESIDENT BOYLE:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT BOYLE:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BOYLE:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT BOYLE:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   137, by Senator Young, Senate Print 1897, an act 

17   to amend the Not-For-Profit Corporation Law.

18                ACTING PRESIDENT BOYLE:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BOYLE:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BOYLE:   Announce 


                                                               841

 1   the result.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BOYLE:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   165, by Senator Hamilton, Senate Print 2657, an 

 7   act to amend the Penal Law.

 8                ACTING PRESIDENT BOYLE:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT BOYLE:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BOYLE:   Senator 

16   Hamilton to explain your vote.

17                SENATOR HAMILTON:   Yes, 

18   Mr. President.  I rise to talk about this bill, 

19   which is for orders of protection in domestic 

20   violence cases.  

21                I was raised in a family where from 

22   a young boy, I learned from my 

23   great-great-grandmother, Hannah Pinckney, and my 

24   great-grandmother, Lillian Hamilton, and my 

25   grandmother who's still alive, Evelyn Lott, that 


                                                               842

 1   a man should not place his hand on a woman.  And 

 2   when a man does so, they violate not only their 

 3   mothers, their sisters, their nieces and even 

 4   their own children.  

 5                These orders of protection are not 

 6   taken very seriously as they presently stand in 

 7   New York State.  We must amplify the penalty for 

 8   violating an order of protection with a higher 

 9   charge for committing such a crime.  People are 

10   not being deterred from the consequences of what 

11   will happen if they violate an order of 

12   protection.  It is only in the extreme cases that 

13   these orders of protection are taken seriously or 

14   even looked at.

15                This is the main reason we should 

16   raise the penalties against offenders of orders 

17   of protection, so that these violators could be 

18   deterred from committing these egregious acts.  

19                The guidelines for orders of 

20   protection should be taken very seriously so that 

21   we will not notice a problem against women in our 

22   state.  So what we will do now is increase the 

23   penalty from a D felony to a C felony, and the 

24   charge for the penalty will go from 7 to 15 

25   years.  


                                                               843

 1                In New York City the amount of 

 2   people violating orders of protection has been 

 3   increasing on a yearly basis.  In 2013, 5,056 

 4   intimate partners violated an order of 

 5   protection.  In 2015, the number increased to 

 6   6,313 people violating orders of protection.

 7                According to data analyzed by the 

 8   New York State Division of Criminal Justice 

 9   Services, for the year 2008 there were 

10   91 intimate partner homicides committed 

11   statewide.  This figure represents an alarming 

12   25 percent increase from 2007.  Counties outside 

13   of New York City experienced a 45 percent 

14   increase.

15                The high recidivism rate in domestic 

16   violence unfortunately means that there's a 

17   likelihood that some defendants are going to 

18   violate the terms and conditions of an order of 

19   protection.  Personally, I don't think any man 

20   should lay his hand on a woman.  I think it's 

21   egregious, it goes against the sanctity of man 

22   and woman, husband and wife.  

23                So I stand here today as a proud 

24   father and husband and protector of women in my 

25   family to say that this law is long overdue and 


                                                               844

 1   that no woman in this state should live in fear 

 2   living in her home with a loved one, a husband, 

 3   or a partner.  And what this act does is to 

 4   protect women from men who I feel are not truly 

 5   men and who violate a woman with domestic 

 6   violence.

 7                Thank you.

 8                ACTING PRESIDENT BOYLE:   Senator 

 9   Hamilton to be recorded in the affirmative.

10                Announce the result.

11                THE SECRETARY:   Ayes, 60.  Nays, 1.  

12   Senator Comrie recorded in the negative.

13                ACTING PRESIDENT BOYLE:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   196, by Senator Little, Senate Print 2607, an act 

17   to authorize.

18                ACTING PRESIDENT BOYLE:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BOYLE:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BOYLE:   Announce 


                                                               845

 1   the result.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT BOYLE:   The bill 

 4   is passed.

 5                Floor Leader, that completes the 

 6   noncontroversial reading of the calendar.

 7                SENATOR DeFRANCISCO:   Okay.  The 

 8   Civil Service Committee will have a meeting 

 9   immediately following session in Room 401 of the 

10   LOB.  I was right, 401.  Ignore the noise from 

11   the right of me.

12                Is there any further business at the 

13   desk?  

14                ACTING PRESIDENT BOYLE:   There is 

15   no further business at the desk.

16                SENATOR DeFRANCISCO:   There being 

17   none, I move to adjourn until Wednesday, 

18   March 1st, at 3:00 p.m.

19                ACTING PRESIDENT BOYLE:   On motion, 

20   the Senate stands adjourned until Wednesday, 

21   March 1st, at 3:00 p.m.

22                (Whereupon, at 4:23 p.m., the Senate 

23   adjourned.)

24

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