Regular Session - March 27, 2017
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 27, 2017
11 3:30 p.m.
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14 REGULAR SESSION
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18 SENATOR FRED AKSHAR, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT AKSHAR: 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 AKSHAR: 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 AKSHAR: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Sunday,
17 March 26th, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 March 25th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT AKSHAR: Without
22 objection, the Journal stands approved as read.
23 Presentations of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO:
8 Mr. President, I'd like to call up Senator
9 Griffo's bill, 1225, recalled from the Assembly,
10 which is now at the desk.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll on reconsideration -- the Secretary will
13 read.
14 THE SECRETARY: Calendar Number
15 173, by Senator Griffo, Senate Print 1225, an
16 act to amend the Public Service Law.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll on reconsideration -- Senator DeFrancisco.
19 SENATOR DeFRANCISCO:
20 Mr. President, I move to reconsider the vote by
21 which this bill was passed.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll on reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
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1 ACTING PRESIDENT AKSHAR: The bill
2 is restored to its place on the Third Reading
3 Calendar.
4 SENATOR DeFRANCISCO:
5 Mr. President, I now offer the following
6 amendments.
7 ACTING PRESIDENT AKSHAR: The
8 amendments are received.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Now I'd like
11 to call up Senator Bonacic's bill, Print Number
12 4072, recalled from the Assembly, which is now
13 at the desk.
14 ACTING PRESIDENT AKSHAR: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 236, by Senator Bonacic, Senate Print 4072, an
18 act to amend the Town Law.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll on reconsideration -- Senator DeFrancisco.
21 SENATOR DeFRANCISCO: I move to
22 reconsider the vote by which this bill was
23 passed.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll on reconsideration.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT AKSHAR: The bill
4 is restored to the Third Reading Calendar.
5 SENATOR DeFRANCISCO: I now offer
6 the following amendments.
7 ACTING PRESIDENT AKSHAR:
8 Amendments received.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Thank you. I
11 just want to mention that you're taking off half
12 of my script while you're going forward --
13 ACTING PRESIDENT AKSHAR: I'm
14 trying to make your life a little easier,
15 Mr. Floor Leader.
16 SENATOR DeFRANCISCO: -- and I try
17 to get the most words on the session when NYPIRG
18 counts words. So thank you.
19 (Laughter.)
20 SENATOR DeFRANCISCO:
21 Mr. President, on page 32 I offer the following
22 amendments to Calendar 467, Senate Print 2162, by
23 Senator Serino, and ask that that bill retain its
24 place on the Third Reading Calendar.
25 ACTING PRESIDENT AKSHAR: So
1408
1 ordered.
2 SENATOR DeFRANCISCO: Would you
3 please call on Senator Valesky.
4 ACTING PRESIDENT AKSHAR: Senator
5 Valesky.
6 SENATOR VALESKY: Mr. President, on
7 behalf of Senator Carlucci, on page 15 I offer
8 the following amendments to Calendar 253, Senate
9 Bill 4055, and ask that said bill retain its
10 place on the Third Reading Calendar.
11 ACTING PRESIDENT AKSHAR: So
12 ordered.
13 SENATOR DeFRANCISCO: Would you
14 call on Senator Gianaris, please.
15 ACTING PRESIDENT AKSHAR: Senator
16 Gianaris.
17 SENATOR GIANARIS: Thank you.
18 On behalf of Senator Hoylman,
19 Mr. President, I move that the following bills be
20 discharged from their respective committees and
21 be recommitted with instructions to strike the
22 enacting clause: Senate Bill Numbers 5025, 5032,
23 and 275.
24 ACTING PRESIDENT AKSHAR: So
25 ordered.
1409
1 SENATOR DeFRANCISCO: I'd like to
2 now call an immediate meeting of the Rules
3 Committee in Room 332.
4 ACTING PRESIDENT AKSHAR: There's
5 an immediate meeting of the Rules Committee in
6 Room 332 of the Capitol.
7 The Senate will stand at ease.
8 (Whereupon, the Senate stood at ease
9 at 3:34 p.m.)
10 (Whereupon, the Senate reconvened at
11 3:46 p.m.)
12 ACTING PRESIDENT AKSHAR: The
13 Senate will come to order.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Is there a
16 report of the Rules Committee at the desk?
17 ACTING PRESIDENT AKSHAR: There is.
18 SENATOR DeFRANCISCO: I move to
19 accept the report of the Rules Committee.
20 ACTING PRESIDENT AKSHAR: The
21 Secretary will read.
22 THE SECRETARY: Senator Flanagan,
23 from the Committee on Rules, reports the
24 following bill direct to third reading: Senate
25 Print 4526, by Senator Hannon, an act to amend
1410
1 the Social Services Law.
2 ACTING PRESIDENT AKSHAR: All in
3 favor of accepting the report of the
4 Rules Committee signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT AKSHAR: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT AKSHAR: The
10 report is accepted.
11 Mr. Floor Leader.
12 SENATOR DeFRANCISCO: Now we have
13 Supplemental Calendar 25A with just that one bill
14 that was just reported. I ask you to please take
15 that up, please.
16 ACTING PRESIDENT AKSHAR: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 509, by Senator Hannon, Senate Print 4526, an act
20 to amend the Social Services Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT AKSHAR: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Announce
4 the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT AKSHAR: The bill
7 is passed.
8 This completes the reading of the
9 supplemental calendar, Mr. Floor Leader.
10 SENATOR DeFRANCISCO: Now can we go
11 to the active list, please, and take up the
12 noncontroversial reading.
13 ACTING PRESIDENT AKSHAR: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number 50,
16 by Senator Croci, Senate Print 946, an act to
17 amend the Civil Service Law.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Announce
1412
1 the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 143, by Senator Marcellino, Senate Print 1748, an
7 act to amend the Legislative Law.
8 ACTING PRESIDENT AKSHAR: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT AKSHAR: Announce
16 the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT AKSHAR: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 290, by Senator Larkin, Senate Print 2387,
22 Concurrent Resolution of the Senate and Assembly.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll on the resolution.
25 (The Secretary called the roll.)
1413
1 ACTING PRESIDENT AKSHAR: Announce
2 the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT AKSHAR: The
5 resolution is adopted.
6 THE SECRETARY: Calendar Number
7 336, by Senator Amedore, Senate Print 4251, an
8 act to validate.
9 ACTING PRESIDENT AKSHAR: There is
10 a home-rule message at the desk.
11 The Secretary will read the last
12 section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT AKSHAR: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT AKSHAR: Announce
19 the results.
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT AKSHAR: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 340, by Senator Marchione, Senate Print 4658, an
25 act alienating.
1414
1 ACTING PRESIDENT AKSHAR: There is
2 a home-rule message at the desk.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Announce
11 the results.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT AKSHAR: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 461, by Senator Carlucci, Senate Print 4723, an
17 act to amend the Town Law.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Senator
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1 Carlucci to explain his vote.
2 SENATOR CARLUCCI: Thank you,
3 Mr. President.
4 I want to thank my colleagues for
5 supporting this legislation.
6 Unfortunately, in New York State
7 some of our communities have the distinction of
8 paying some of the highest property taxes in the
9 nation. And what this legislation does is really
10 starts to move our laws into the 21st century.
11 Unfortunately, right now we have an
12 old law on the books that allows municipalities,
13 allows towns to charge up to a 1 percent fee to
14 the school districts on taxes collected. Many of
15 the districts, the overwhelming majority of towns
16 throughout New York, don't charge anything. But
17 unfortunately, right in Rockland County I've got
18 three districts that are charged that full
19 percent. And we're talking about millions of
20 dollars of property tax money that hardworking
21 people believe is going to the school district,
22 but instead it's going to the town simply for
23 collecting a check.
24 We need to modernize our laws.
25 That's what this legislation does, allows the
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1 school districts to negotiate with the towns to
2 get a lower fee and maybe -- if they can, if they
3 want to -- to collect the taxes themselves.
4 This is a major savings for some
5 school districts in our state. This is an
6 important time to pass this legislation, move our
7 laws into the 21st century, make sure that every
8 tax that we're putting out there is being put to
9 good use. And particularly in this case, where
10 we believe it's going to schoolchildren, we
11 should make sure that that's happening.
12 So I want to thank my colleagues for
13 supporting this legislation. This is a step in
14 the right direction to make sure that we
15 scrutinize the laws on the books to make sure
16 we're benefiting taxpayers.
17 Thank you, Mr. President.
18 ACTING PRESIDENT AKSHAR: Senator
19 Carlucci to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT AKSHAR: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 499, by Senator Savino, Senate Print 3883, an act
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1 to amend the Penal Law.
2 ACTING PRESIDENT AKSHAR: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT AKSHAR: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT AKSHAR: Announce
10 the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 Mr. Floor Leader, that completes the
15 noncontroversial reading of the calendar.
16 SENATOR DeFRANCISCO: Yes, I would
17 request unanimous consent -- we moved so
18 efficiently here that we passed Senator Hannon's
19 bill too quickly. And I'd request unanimous
20 consent to allow him to explain his vote.
21 ACTING PRESIDENT AKSHAR: Without
22 objection.
23 Senator Hannon.
24 SENATOR HANNON: Mr. President,
25 thank you.
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1 Yes, it was too quick. I voted for
2 it in Rules, and I got delayed coming out here
3 from Rules.
4 What's passed today is a donor
5 breast milk bill to allow premature babies under
6 1500 grams to get, under Medicaid, donor breast
7 milk.
8 It's a program that obviously
9 informally has been going on for centuries;
10 formally, through the New York Milk Bank, for the
11 last several years in New York City. As a matter
12 of fact, it's even upstate in Crouse, in
13 Syracuse.
14 And so we feel that for a minimal
15 amount of money, about $3300 per premature baby,
16 we could -- over a period of about 10, 12 weeks,
17 we could save enormous amounts of money for their
18 health from the state but, more importantly, save
19 their health as they go along and grow.
20 So we've been obviously passing
21 this. We passed it last year, both houses. The
22 Governor vetoed it, said that it was open-ended,
23 so we put some restrictions on. And he said do
24 it in the budget. We're trying to do it in the
25 budget. So today we're passing it so we can
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1 really formally put them on notice we want to see
2 it in the budget, and we hope to do it this week.
3 Thank you, Mr. President.
4 ACTING PRESIDENT AKSHAR: Senator
5 Hannon to be recorded in the affirmative.
6 Mr. Floor Leader.
7 SENATOR DeFRANCISCO: Thank you,
8 Mr. President.
9 I'd request that you acknowledge
10 Senator Gustafo {sic} for a brief introduction.
11 ACTING PRESIDENT AKSHAR: Senator
12 Rivera.
13 SENATOR RIVERA: Thank you,
14 Mr. President --
15 SENATOR DeFRANCISCO: Senator
16 Gustafo Rivera.
17 SENATOR RIVERA: Mr. President,
18 through you, it is Gustavo, with a V, not an F.
19 And Rivera is my last name. But then again,
20 Rivera is like the Smith of the Puerto Ricans;
21 everybody has that last name.
22 (Laughter.)
23 SENATOR RIVERA: Well, thank you,
24 Mr. President. I wanted to take a second to
25 recognize someone who has joined us today.
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1 This gentleman -- if you would
2 please stand -- who I'm very happy to have with
3 us today, his name is Akeem Browder. I'm happy
4 to have him here as a constituent in my district.
5 I am sad that we are not joined by his brother.
6 I've spoken about this brother in
7 the past; his name is Kalief Browder. You can
8 find out about the tragedy of that young man in a
9 documentary that is playing right now on
10 Spike TV.
11 But I am just glad to have him here
12 with us. He's a constituent coming up to talk
13 about criminal justice reform. I'm glad to
14 welcome him. I'm hoping he doesn't have to come
15 back too much more often, but he is always
16 welcome. I just wanted to thank him, I wanted to
17 welcome him.
18 Thank you, Mr. President.
19 ACTING PRESIDENT AKSHAR: Senator
20 Gustavo Rivera, thank you.
21 SENATOR DeFRANCISCO: And thank
22 you, Senator Rivera.
23 Is there any further business at the
24 desk?
25 ACTING PRESIDENT AKSHAR: There is
1421
1 no further business at the desk.
2 SENATOR DeFRANCISCO: In that case
3 I move to adjourn until Tuesday, March 28th, at
4 3:00 p.m.
5 ACTING PRESIDENT AKSHAR: On
6 motion, the Senate stands adjourned until
7 Tuesday, March 28th, at 3:00 p.m.
8 (Whereupon, the Senate adjourned at
9 3:54 p.m.)
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